Agenda 02-12-08
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East Side-West S"lde-Seas",de Rena"lssance
If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will
need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to be based.
CRA Board Meeting
Tuesday, February 12, 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. Announcements & Awards:
A. Heritage Festival
B. Housing Leadership Council of Palm Beach County - Workforce Housing
Achievement A ward for Outstanding Innovation & Leadership in Our
Community
VI. Consent Agenda:
A. Approval of the Minutes - CRA Board Meeting - January 8, 2008
B. Approval of the Period-Ended January 31,2008 Financial Report
C. Approval of Board Member Travel to the 2008 Council of Development
Finance Agencies (CDFA) Annual Spring Conference
D. Approval of Funding $50,000 from the Homebuyers Assistance Program to
Chantale Jacques
E. Dumpster Art Program Update (Info. Only)
F. Transit Oriented Development (TOD) Site Federal Funding Opportunities
(Info. Only)
G. Boynton Beach CRA and Trolley Website Updates (Info. Only)
H. Approval of Tri-Party Agreement Between the CRA, Hedrick Brothers and
the Homeowner
VII. Pulled Consent Agenda Items:
VIII. Public Comments: (Note: comments are limited to 3 minutes in duration)
IX. Public Hearing:
Old Business: None
New Business: None
X. Old Business:
A. Consideration of Renewing CRA Lease with Boynton Waterways
Investment Associates, LLC
B. Consideration of Splashdown Dive Shop Lease Extension
c. Consideration of Renewing the CRA Office Lease
XI. New Business:
A. Consideration of Designating the CRA a Brownfield
B. Consideration of Entering into a Subordination Agreement with LISC on
Behalf of the BBFBCDC
C. Residential Improvement Program (RIP) Analysis
D. Consideration of Ocean Breeze RFP - Unit Mix Changes
E. Consideration of a Request for Qualifications Process for Master Developer
for Town Square
F. Potential CRA Commitment to City Capital Improvement Program (CIP)
G. Consideration of Purchasing City Properties Within the MLK Corridor
XII. Future Agenda Items
XIII. Comments by Staff
XIV. Comments by Executive Director
XV. Comments by CRA Board Attorney
XVI. Comments by CRA Board
XVII. Adjournment
~~Y~T2~
East Side-West S'lde-Seas'lde 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.
REVISED
CRA Board Meeting
Tuesday, February 12, 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. Announcements & Awards:
A. Heritage Festival
B. Housing Leadership Council of Palm Beach County - Workforce Housing
Achievement A ward for Outstanding Innovation & Leadership in Our
Community
VI. Consent Agenda:
A. Approval of the Minutes - CRA Board Meeting -.January 8, 2008
B. Approval of the Period-Ended January 31,2008 Financial Report
C. Approval of Board Member Travel to the 2008 Council of Development
Finance Agencies (CDFA) Annual Spring Conference
D. Approval of Funding $50,000 from the Homebuyers Assistance Program to
Chantale Jacques
E. Dumpster Art Program Update (Info. Only)
F. Transit Oriented Development (TOD) Site Federal Funding Opportunities
(Info. Only)
G. Boynton Beach CRA and Trolley Website Updates (Info. Only)
H. Approval of Tri-Party Agreement Between the CRA, Hedrick Brothers and
the Homeowner
VII. Pulled Consent Agenda Items:
VIII. Public Comments: (Note: comments are limited to 3 minutes in duration)
IX. Public Hearing:
Old Business: None
New Business: None
X. Old Business:
A. Consideration of Renewing CRA Lease with Boynton Waterways
Investment Associates, LLC
B. Consideration of Splashdown Dive Shop Lease Extension
C. Consideration of Renewing the CRA Office Lease
D. Consideration of Providing Additional HAP Funds for Myrtle Marshall
XI. New Business:
A. Consideration of Designating the CRA a Brownfield
B. Consideration of Entering into a Subordination Agreement with LISC on
Behalf of the BBFBCDC
C. Residential Improvement Program (RIP) Analysis
D. Consideration of Ocean Breeze RFP - Unit Mix Changes
E. Consideration of a Request for Qualifications Process for Master Developer
for Town Square
F. Potential CRA Commitment to City Capital Improvement Program (CIP)
G. Consideration of Purchasing City Properties Within the MLK Corridor
XII. Future Agenda Items
XIII. Comments by Staff
XIV. Comments by Executive Director
XV. Comments by CRA Board Attorney
XVI. Comments by CRA Board
XVII. Adjournment
, /
3QYNTON/~ [J J
31: A C-H L[V~
East Side-West S'lde-Seas'lde Rena'lssance
If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will
need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to be based.
CRA Board Meeting
Tuesday, February 12, 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. Announcements & Awards:
A. Heritage Festival
B. Housing Leadership Council of Palm Beach County - Workforce Housing
Achievement A ward for Outstanding Innovation & Leadership in Our
Community
VI. Consent Agenda:
A. Approval of the Minutes - CRA Board Meeting - January 8, 2008
B. Approval of the Period-Ended January 31,2008 Financial Report
C. Approval of Board Member Travel to the 2008 Council of Development
Finance Agencies (CDF A) Annual Spring Conference
D. Approval of Funding $50,000 from the Homebuyers Assistance Program to
Chantale Jacques
E. Dumpster Art Program Update (Info. Only)
F. Transit Oriented Development (TOD) Site Federal Funding Opportunities
(Info. Only)
G. Boynton Beach CRA and Trolley Website Updates (Info. Only)
H. Approval of Tri-Party Agreement Between the CRA, Hedrick Brothers and
the Homeowner
VII. Pulled Consent Agenda Items:
VIII. Public Comments: (Note: comments are limited to 3 minutes in duration)
IX. Public Hearing:
Old Business: None
New Business: None
X. Old Business:
A. Consideration of Renewing CRA Lease with Boynton Waterways
Investment Associates, LLC
B. Consideration of Splashdown Dive Shop Lease Extension
C. Consideration of Renewing the CRA Office Lease
XI. New Business:
A. Consideration of Designating the CRA a Brownfield
B. Consideration of Entering into a Subordination Agreement with LISC on
Behalf of the BBFBCDC
C. Residential Improvement Program (RIP) Analysis
D. Consideration of Ocean Breeze RFP - Unit Mix Changes
E. Consideration of a Request for Qualifications Process for Master Developer
for Town Square
F. Potential CRA Commitment to City Capital Improvement Program (CIP)
G. Consideration of Purchasing City Properties Within the MLK Corridor
XII. Future Agenda Items
XIII. Comments by Staff
XIV. Comments by Executive Director
XV. Comments by CRA Board Attorney
XVI. Comments by CRA Board
XVII. Adjournment
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East Side-West Side-Seas'lde Rena'lssance
eRA BOARD MEETING OF: February 12,2008
I x I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Announce the Upcoming Boynton Beach Heritage Celebration and Concert
SUMMARY:
On February 15 -17,2008, The Boynton Beach Heritage Celebration 2008 will present activities at
The Hester Center which include: Children's Activities, three days of Basketball Tournaments and Art
Exhibits. On Saturday, February 16th there will be continuous entertainment featuring: Laser Tag,
Arts& Crafts, Rock Climbing, Local Bands and Boynton's State Champion Cheerleaders. Spotlight
entertainers include: 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 1 st Street. The concert will take place from 7:00 PM - 10:00 PM
and will be presented by The Auburn Group. A Sponsor Hospitality area will be set up for sponsors and
City officials.
FISCAL IMPACT: N/A
RECOMMENDATIONS: N/A
~~
Kathy Biscuiti
Special Events Manager
C:\Documents and Settings\buckleya\Local Settings\Temporary Internet Files\OLK61 \Agenda Request 2-12-08 meeting (2).doc
~~Y~T2~ eRA
East Side-West S',de-Seas'lde Rena',ssance
eRA BOARD MEETING OF: February 12,2008
I Consent Agenda I I Old Business
New Business
Public Hearing
Other
SUBJECT: Housing Leadership Council Honors Boynton Beach
SUMMARY: The Housing Leadership Council of Palm Beach County honored the City of Boynton Beach and the
Boynton Beach Community Redevelopment Agency (CRA) with an outstanding achievement award for expanding workforce
homeownership opportunities in Boynton Beach through an integrated system of grants, programs and partnerships.
The award commending, "outstanding innovation and leadership" in Boynton Beach, was presented at the Housing Leadership
Council's "State of Workforce Housing" address at the Kravis Center in West Palm Beach on January 30.
This recognition should be a source of great pride for the City of Boynton Beach. Through project funding, property acquisition,
partnerships with developers and other proactive activities, we have opened doors that make the American dream of owning a
home a reality for our local residents who may have been fmancially frozen out of homeowners hip opportunities.
The Housing Leadership Council commended the City of Boynton Beach for amending its land development regulations in 2007
to create a workforce housing program that provides regulations and incentives to build a sufficient supply of affordable housing.
The City was also lauded for conducting the most comprehensive inventory and mapping of all real property, a process that
resulted in the CRA acquiring 15 acres ofland for affordable housing development.
Among other efforts singled out for recognition were the CRA's Homebuyer's Assistance Program which provides up to
$50,000 in interest free down payment assistance to low and moderate income individuals and families trying to buy a home
within the CRA District. The CRA's fmancing partnership with The Cornerstone Group was noted as an example ofa successful
collaboration between a developer and local leaders to expand homeownership opportunities.
The CRA's ability to accomplish these goals is a direct result of the CRA Board's vision to commit and provide the issuance of
an Affordable ccess Bond put into place in 2005.
( CL
Lisa Bright
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\0802 12 CRA Board Meeting February\Housing Leadership Award 020408.doc
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR
MEmNG HELD ON WEDNESDAY, JANUARY 8, 2008, 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
Lisa Bright, Executive Director
D.J. Doody, CRA Board Attorney
I. Call to Order
Chair Taylor called the meeting to order at 6:30 p.m.
II. Pledge to the Flag and Invocation
The Pledge of Allegiance to the Flag was recited and the invocation was offered by Mr.
Hay.
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
Mr. Hay requested a status update on the residential grants project for Willie Aikens
and other recipients. Chair Taylor suggested this be discussed under IX. Old Business,
Item c., Consideration of Residential Improvement Program Options, Mr. Hay was
agreeable to this suggestion.
Mr. Weiland requested an update on the Ocean Ridge and the MLK projects under the
Board Attorney's Report. Attorney Doody agreed to provide the updates.
Vice Chair Rodriguez inquired of the Executive Director as to when the Downtown
Master Plan would be placed on the agenda, Lisa Bright, Executive Bright, advised a
draft would be provided at the February 2008 meeting. (Later in the meeting, she
advised the draft would not be ready until the March 2008 meeting.)
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
B. Adoption of Agenda
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 - December 11,2007
B. Approval of the Period-Ended December 31, 2007 Financial Report
C. Approval of Amendment to FY 06/07 Rollover Recommendations
(Pulled by Wee Chair Rodriguez)
D. Approval of Executive Director's Management by Objectives
(Pulled by Wee Chair Rodriguez)
E. Approval of Addendum to Molly's Trolley's Contract to Expand a Southern
Route Service
F. Approval of Agreement with Waypoint Marine, Inc.
G. Special Events Update (Information Only)
H. Homebuyers Assistance Program Update (Information Only)
I. Boynton Beach CRA and Trolley Website Updates (Information Only)
Motion
Mr. Weiland moved to approve the agenda, with the exception of the items pulled. Mr.
Hay seconded the motion that passed unanimously.
VI. Public Comments: (Note: comments are limited to 3 minutes in
duration)
Gertrude Sullivan, 201 NE 6th Avenue, inquired as to why monies were spent bringing
in people to prepare the City's Master Plan rather than having it done in-house. Chair
Taylor advised while City staff was qualified, the Master Plan was designed by
professionals, and the citizens of Boynton Beach were proVided the opportunity to
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
participate in the process. Ms. Sullivan requested consideration be given to the
homeless.
Sister Lorraine Ryan, of Boynton Beach PATCH (Planned Approach to Community
Health) and the Women's Circle, 145 NE 4th Avenue, requested consideration of funding
to establish a community health center for the provision of social services. Suggestions
included reconstituting the Old High School into a building that would house a
community health center, or the possible use of the Civic Center for a venue of this
nature. Chair Taylor noted the board previously discussed purchasing a building at the
end of MLK Boulevard, which they believed would be an ideal location to house the
Women's Circle, Community Caring Center, and Wellness Center. At that time, the
board agreed to provide $200,000 toward the purchase of the building. However, Mrs.
Johnson, Executive Director of the Community Caring Center, advised she had been in
the process of acquiring the building, and requested the board suspend any action with
respect thereto. Sister Ryan believed the building had subsequently been subleased to a
church group, and they were utilizing the building for youth activities. Chair Taylor
indicated he would request an update from Mrs. Johnson and would explore other
facilities,
Steve Anton, 234 SE 2nd Avenue, expressed concerns relating to overdevelopment in
Boynton Beach, which he believed eroded the cultural environment in the City. He
appealed to the City's leadership to avoid the mistakes created by overdevelopment in
Fort Lauderdale, West. Palm Beach and other municipalities.
No one else having come forward, Chair Taylor closed the public comments.
VII. Pulled Consent Agenda Items
c. Approval of Amendment to FY 06/07 Rollover Recommendations
Vice Chair Rodriguez advised several items were included on the list. when the
recommendations were originally brought before the board, and the board discussed
the items that would be included or excluded. He requested staff provide the options
again in order for them to be considered in totality, The current baCkup contained only
one sheet and merely identified the rollover item land assembly.
Chair Taylor suggested pulling the $300,000 under land assembly and having that
brought back, together with any other options, at the next meeting. This was
acceptable to Vice Chair Rodriguez.
Lisa Bright, Executive Director, read the eight options available, as noted in the
November 14, 2007 minutes, The two recommendations eliminated were the 4th and
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
5th Avenue land acquisition and the bond debt repayment. The $300,000 could be
allocated for land assembly (previously 4th and 5th Avenue) or for the bond debt
repayment. Staff recommended the $300,000 be used for land assembly.
Mr. Weiland believed it was important to utilize the $300,000 for land assembly,
whether on 4th or 5th Avenue, or elsewhere in the Heart of Boynton. Mr. Hay agreed.
Chair Taylor was not in favor of utilizing the funds for the debt repayment at this time.
Motion
Vice Chair Rodriguez moved to approve. Ms, Ross seconded the motion that passed
unanimously.
D. Approval of Executive Director's Management by Objectives
Vice Chair Rodriguez felt it was important for the board to discuss the objectives
individually, as these were chief deliverables for 2008.
Ms. Bright advised she believed the objectives listed warranted priority status, but it
was the within board's purview to make adjustments. Chair Rodriguez noted several of
the objectives were slated to be completed in 2009 and wondered why they were
included for 2008. Ms. Bright explained the projects referred to were major projects for
which work had commenced, and which she did not believe would be completed by
September 30, 2008, Vice Chair Rodriguez inquired whether a milestone could be set
for 2008 for the Boynton Marina and the completion of renovation at 211 E. Ocean
Avenue in order for the objectives to be evaluated in 2008.
Chair Taylor noted the 211 E. Ocean Avenue project would require architectural
drawings and plan approval, and would likely not be completed this year. However, at
the time of evaluation at the end of the year, Ms. Bright could provide a list of
accomplishments through the current year to determine the progress made.
The board discussed the concept of Management by Objectives (MBO), which called for
the establishment of clear objectives, milestones to measure progress, and
accountability for results. In particular, the completion dates for two of the projects
described as on-going would not allow for accountability. Ms. Bright contended the
timelines for CRA projects were significantly longer than the one-year scope.
Vice Chair Rodriguez suggested adding the Gulfstream Mall as an objective for 2008.
Mr. Hay believed this item should be tabled pending further discussion, and to move on
with the agenda.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Motion
Vice Chair Rodriguez moved to table. Mr. Hay seconded the motion that passed
unanimously.
VIII. Public Hearing:
Old Business:
New Business:
A. Rufus Ribs
Mobile VendinG Unit
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
RUFUS Ribs (MVU 08-002)
Rufus Allen
Rufus Allen
206 South Federal Highway
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
Attorney Doody administered the oath to all who would be testifying.
Kathleen Zeitler, Planner, provided a review of the request for a mobile vending unit
(MVU) permit for a food vendor on private property. This was the second MVU request
pursuant to Ordinance 07-024 adopted September 18, 2007, whereby the City
established a system to review, approve and regulate mobile vendors within the City.
Standards and requirements varied, depending on whether the MVU was proposed on
public or private property and whether the MVU would provide for the sale of
merchandise, food or services.
The request was for an MVU to provide mobile food vending services through a 4 foot
by 12 foot grill and a mobile kitchen prep trailer, 7 feet by 14 feet in size. The
proposed location was at the Pantry, a drive-through food store located at 206 South
Federal Highway. This was the same food vending business that had previously
operated at that location without City approvals, and with the adoption of MVU
ordinance, was returning for formal authorization. The request had been reviewed and
met all City requirements as noted on the review checklist included in the packet. This
would include approval from the property owner and separation from selected uses
such as parks, playgrounds, schools, places of worship, residential zoning districts, a
5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
fixed business that provided like goods or similar services, and another existing MVU.
Any outstanding comments had been formulated into a condition of approval and must
be satisfied prior to obtaining the MVU permit and operating the business. The
condition recommended by staff read as follows: "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." Staff
recommended the request be approved, subject to this one condition,
Rufus and Brenda Allen, applicants, wondered whether they could open the business
in Boynton Beach. They agreed to comply with all conditions required by the City.
Debbie Brookes, 112 S. Federal Highway, was the owner of the business across from
the Pantry, and she believed Rufus Ribs greatly benefited the community. She felt they
had done everything to appease the residents of Boynton Beach and hoped the board
would approve their request,
Steve Anton, 234 SE 2nd Avenue, resided near Rufus Ribs, and believed the ribs were
the best he had ever consumed. He felt the business added a unique quality to
Boynton Beach, inspired an old hometown feeling and would be a great addition to the
City,
Motion
Vice Chair Rodriguez moved to approve. Mr. Hay seconded the motion that passed
unanimously.
Chair Taylor advised the applicants they could open as soon as they obtained their
license. This item was not required to be brought before the City Commission.
B. Chow Hut
Site Plan Time Extension
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Chow Hut (SPTE 08-002)
Anthony Mauro, 558 Gateway Boulevard, LLC
Anthony Mauro
558 East Gateway Boulevard
Request for a second one-year time
extension for the major site plan
modification development order 05-007
approved on November 1, 2007 to
November 1, 2008.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Ms. Zeitler advised Mr. Mauro requesting a second one-year site plan time extension for
the Chow Hut Major Site Plan Modification Development Order, originally approved by
the City Commission on November 1, 2005. A previous site plan time extension for this
project was approved on January 2, 2007, which extended site plan approval for one
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.
Chow Hut was a redevelopment project approved for a 2,548 square foot take-out
restaurant with outdoor seating. The project consisted of 1,300 square feet of building
and a covered outdoor dining area of 1,248 square feet. No drive-through window or
indoor seating was proposed, New covered outdoor dining areas under thatched
chickee huts were proposed on each side of the building, with a maximum of 32 seats,
including a service bar area. A revised traffic concurrency approval would be required
and would 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 the
conditions of approval from all previous applications for this project. No new land
development regulations were now in place which staff recommended should be applied
to the project. Staff recommended approval of the request, subject to the previous
conditions of approval.
Chair Taylor opened the public hearing. No one having come forward, public hearing
was closed.
The board discussed distance standards adopted by the City several months ago and
wanted to ensure the chickee huts were in compliance with the standards.
Mike Rumpf, Planning and Zoning Director, was not certain as to the intent of the
ordinance and suggested either tabling the matter in order for staff to review the
ordinance, or inserting a condition requiring the huts be redesigned if they were in
violation of the current ordinance.
Attorney Doody contended either option was advisable. He believed the board could
pass the item with the condition requiring compliance with the present Code, and for
the department making that determination, (either Community Development or
Planning) to be identified.
Chair Taylor reiterated the board's option to make a motion to approve the item, with
the specification that it had to comply with the current Code for chickee huts.
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Motion
Mr. Weiland advised he would like to make that motion. Mr. Hay seconded the motion
that passed unanimously.
IX. Old Business:
A. Consideration of Redevelopment Proposals for the Old High School
Ms. Bright advised, during last month's meeting, staff was directed to bring this item
before the board. Staff provided historical documents and timelines relating to the
manner in which the CRA received the project. Prior to 2005, the City Commission
controlled the use of the Old High School. It was used primarily for offices and
thereafter for storage. Since 2005, the City Commission adopted the Town Square Plan
and the CRA became involved,
Included in the packet was an October 4, 2005 letter from the Boynton Cultural Center
together with an Interlocal Agreement with the City, and the original timeline relating to
the uses of the Old High School. The sum of $4,3M had been pledged in grants
through the City's Capital Improvement Fund.
At issue was whether proper action had been taken with a Request for Proposal (RFP).
In 2006, the CRA issued a national RFP, which resulted in the receipt of two proposals.
Five Towns College was selected as the group with which to negotiate. The former
CRA board's concern was that the Old High School would be seen as a single site user,
while the Downtown Master Plan might call for the creation of a larger comprehensive
area. It appeared the board and City Commission ultimately determined a larger scope
project for the Downtown Master Plan was desirous.
In August 2007, staff was directed to pursue discussions with, and attempted to secure
proposals from parties who were interested in saving the Old High School. The
proposals were included in the packet. Ms, Bright advised there were also two entities
that could provide private funding and secure the Historic Tax Credit, which would be
necessary to renovate the Old High School. Staff sought discussion and direction from
the board,
Vice Chair ROdriguez believed presentations were to be made. Ms. Bright apologized, as
it was not her understanding this would occur this date,
Mr. Weiland suggested tabling this item in order for presentations by the two interested
parties to be made at the next meeting.
8
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Ms. Bright believed the information provided required an analysis, as the data was
voluminous and dated back to 1993,
Chair Taylor believed it was time to make a decision on this matter. He believed the
two proposals meriting consideration were from the Community Development
Corporation and American Capital Funding. However, both would require tax credits
and both were asking for the City and CRA to step forward with funding. To date, no
interested party had come forward with funding and Chair Taylor was of the opinion no
one would, If the City had $8M, he believed other priorities exceeded the need to save
the building. The building had been in disrepair for some time and it was likely more
than $8M would be needed. Chair Taylor would be in favor of saving some of the
facade or create a historical memorial, but he believed the building was a financial drain
on the community,
Chair Taylor invited public comments.
Sharon Koskoff, President of the Art Deco Society of the Palm Beaches, had recently
written a book on Art Deco. She did not attend the Old High School and had no
emotional attachment to the building. She pointed out the Old High School was built
by William Manley King, a significant architect, who built the Armory Art Center,
pahokee City Hall and Belle Glade City Hall, thriving historic buildings. The oldest
buildings in Florida were constructed in the 1920s. She suggested building around the
City's historic downtown rather than tearing down the Old High School.
Brian Edwards, 629 NE 9th Avenue, believed motivation was required on the part of
City leaders in order for monies to be raised, He illustrated an analogy between the Old
High School and Children's Museum and believed City support was responsible for the
museum's success. He felt the same could happen for the Old High School and
requested the board authorize an entity to raise monies.
Rick Gonzalez, REG Architects, Inc., consultant on City projects, also represented a
group of local businessmen. Mr. Gonzalez was accompanied by Adolfo Castellano who
was desirous of seeing the Old High School. Conceptual drawings were presented. Mr.
Castellano and his partner were desirous of putting together a redevelopment plan,
including restoration of the building and an adjacent mixed-used project and parking
structure at the corner of Sea crest Boulevard and Ocean Avenue. Subsequent to the
preparation of the rough conceptual drawings, Messrs. Gonzalez and Castellano
reviewed the draft of the Downtown Master Plan, and believed their concept would
work with the Master Plan. Palm Beach County would be hosting the Florida Trust for
Historical Preservation conference in West Palm Beach in May 2009, which he hoped to
tie in with the Old High School.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Adolfo Castellano, a realtor with Remax Advantage Plus, advised he represented a
private party of interest, an individual with Z Management, who was away on vacation.
The party had an interest in revitalizing the downtown. Mr. Castellano and Z
Management were working in partnership and would commit to providing private funds
by way of a written letter of Intent. As the party from Z Management had not returned
from vacation, he had not had an opportunity to review the conceptual drawings. Mr.
Castellano believed, with the conceptual drawings and private funding, he and Mr.
Gonzalez could develop something special for the Old High School.
Debbie Brookes, 112 S. Federal Highway (business address), believed the Old High
School was worth saving and should be the center of the downtown development. She
opined funds expended on less worthy property could have gone into the Old High
School. The building had not been secured, providing easy access to pigeons. She
suggested monies could be obtained through a bond or other method, and inquired as
to how the community could assist,
Dr. Yoncile Smith, President, Boynton Beach Historical Society, was desirous of
providing the board with booklets prepared at the University of Florida in cooperation
with Rutgers Governmental Center. The booklets reflected the impact of historical
restoration on a community. It was estimated by the University of Florida that no less
than $4B per year were directly attributable to historic restoration within the State. Dr.
Smith recently solicited contributions from the Boynton Beach Historical Society
membership and received pledges for $30,000. The membership would like the building
to be saved and believed it would be an economic asset to Boynton Beach, to Palm
Beach County, and to the State. Upon authorization of the board, the Historical Society
believed they could raise monies through grants.
HalVey Oyer, Jr., 512 N. Seacrest Boulevard, a businessman in Boynton Beach for
more than 50 years, believed a distinction should be drawn between government
policies and private enterprise policies. He believed the board had a civic responsibility
to preserve the heritage of the community. The community could raise most of the
monies if publiC policy allowed fundraising. He did not feel the funds could be raised if
the board adopted attitudes expressed in the past, He believed the board should
support a commitment utilizing the building for a cultural center, and preserve the
amenities of the community.
Diane Pacheco, 4 Largo Way, attended the recent charrette held by the City's
planners. Participants were enthusiastic and provided input. She expressed concern
that in the event a decision was rendered without considering the Master Plan on which
the participants commented, community spirit would be damaged.
10
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Steve Anton, 234 SE 2nd Avenue, believed the Old High School should not be torn
down and contended no comments were made at the charrette supporting the
demolition of the building.
Andrew Ham, Vice President of Community Development Partners, submitted a Letter
of Interest, as well as a qualifications package for the Old High School property and
available surrounding properties. Community Development Partners were developers
specializing in public-private downtown projects. Pursuant to the request of staff, they
toured the property and the downtown. They believed the building could be
rehabilitated and would be essential to the revitalization of the downtown. They
indicated their desire to play a role in the revitalization, noting their experience in
historic preservation. The company was a tax credit, historic low-income and new
market tax credit syndicator throughout the southeast. Financing would not present a
problem. Their traditional approach to public-private partnerships was to enter into a
Memorandum of Understanding for a six month period during which economic and
structural investigations would be undertaken. They would welcome background checks
and visits to their projects and if the board were to entertain presentations, they would
like to be included.
Victor Norfus, believed the Old High School should be preserved and plans for a
parking garage should be included. He felt the board's support and leadership were
necessary in order for the community to respond with funding. The building was
structurally sound and any deficiencies could be remedied.
Mark Karageorge, 240A Main Boulevard, attended all three meetings for the Master
Plan. Eight people at the second session noted their interest in parking as a priority. All
participants had the opportunity to fill out cards, attach them to designs and submit
them to the consultants. The first session provided an opportunity for participants to
furnish input. He spoke of Rick Gonzalez and believed his work was exceptional. Mr.
Karageorge also believed Z Management should be given the opportunity to come back
with numbers indicating the viability of the project and suggested tabling the matter, It
was his opinion the Commercial Development Corporation was asking for too much
financial support, and therefore not viable. With budget constraints, he believed Mr.
Gonzales and Z Management should be given consideration.
Barbara Ready, 329 SW 13th Avenue, urged the board to slow down and allow the
developers the opportunity to come back before the board. She indicated her interest
in working with the developers and believed a coalition would be beneficial. She noted
the current downturn in the market and believed this could provide an opportunity to
put something together.
11
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Deborah Smith, principal of American Capital Funding, LLC, also a trustee of the
Florida Trust for Historic Preservation, submitted a letter of interest to examine
financing arrangements. There were two programs commonly used, the New Markets
Tax Credit and the Historic Tax Credit. These programs were generally syndicated and
had the affect of reducing the amount of equity needed for a restoration project. In a
letter sent to the board, she noted the importance of examining governmental as well
as private and non-profit programs. How to best maximize and combine these
programs was important to lowering the overall equity. She indicated her willingness to
meet with the board individually or collectively in that regard.
Dr. John McGovern, 2620 Spiceberry Lane, suggested the matter be tabled. He had the
opportunity to tour a historic courthouse and commented favorably on the restoration
of the structure. It was his opinion the board should do nothing until the members had
at least experienced the reverence of a restored structure.
No one else having come forward, public hearing was closed.
Chair Taylor noted the matter had been tabled for five years. He wished to correct
inaccuracies noted. He did not favor a parking lot in lieu of the Old High School. The
report which emanated from the meetings indica~ed the area could serve as a hub. He
concurred, and always favored a town square, surrounded by cultural buildings. With
regard to public comments requesting the City tQ "show us the money," the citizens of
Boynton Beach had been taxed for seven years in order for a fire. station to be
constructed, The City did not have the money, and the financial situation could worsen
after January 29, 2008, if the proposed property amendments passed. He would favor
saving the Old High School and making it into a cultural center if the funds could be
provided. At issue was not merely the preservation of the Old High School, but
redevelopment of the entire area. The City had a plan to redevelop the area for many
years. Z Management had not been the only interested party. Other proposals had
been presented to redevelop the entire area, including the relocation of City Hall.
However, discussion this date pertained to the Old High School. If this was the
direction in which the CRA would be proceeding, he believed all presentations should be
heard and proposals sought. The study reflected the need to redevelop the entire area,
whether the Old High School was renovated or a new cultural facility was built.
Ms. Ross pointed out the preservation of the Old High School required time and money.
However, she appreciated the need for a cultural center and a facility in which to house
the Women's Circle and Community Caring Center,
Vice Chair Rodriguez expressed disappointment as he believed presentations would be
provided this date and a decision made in order to move forward. He hoped
presentations could be made at the next meeting and a decision reached. He noted
12
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
$500,000 was included in the City's budget for the demolition of the property. This
money could be utilized for restoration of the structure. The sum of $300,000 had been
allocated for land acquisition. That money could be pulled out and put into this project.
With regard to 211 East Ocean Avenue, $150,000 had been allocated for the purchase
of a historic home, together with another $850,000 for renovations. The $850,000
could be pulled, for an approximately total of $1.5M. If the board agreed to save the
building and the developers were serious about moving forward with the CRA, he would
be open to a partnership.
Attorney Doody advised, for purposes of clarifying the record and ensuring a clear
understanding as to the opportunities afforded the board under Florida Law,
presentations could not be made this date. He accepted full responsibility for any
disappointment experienced in terms of the advice he provided to CRA staff. Chapter
163 required a proposal of this nature be pursued through a Request for Proposal
(RFP). All that was provided were Letters of Interest which allowed the board to
discuss the issue and pursue a course of action, If the board decided to issue an RFP,
presentations could be made following receipt of the proposals.
Mr. Hay would be agreeable to tabling the matter in order to determine whether viable
options existed to secure funding. He was not in favor of pulling any monies from the
Heart of Boynton (HOB) project. He would be willing to consider concepts brought
back by Mr. Gonzalez, but would not be agreeable to spending $8M to save the Old
High School.
Mr. Weiland had always been a proponent of restoring the Old High School. He
believed an aggressive campaign should be made to save the building and create a hub
in the area. His position was to continue discussing the issue, secure proposals, and
make a commitment to a public-private partnership to move this forward.
Ms. Bright advised staff could draft an RFP for next month's agenda. Following
publication, the timeline anticipated for receipt of the proposals would be four to six
months.
Vivian Brooks, Assistant Director, pointed out, staff would require further direction
from the board in drafting an RFP.
Chair Taylor pointed out the consideration was much broader than the Old High School,
and encompassed development of the entire area, including the possible relocation of
City Hall and the Civic Center. As such, he wondered whether the CRA should be
responsible for the RFP or whether the RFP should be generated by the City
Commission. Attorney Doody noted it would be feasible for the City and CRA to enter
into an Interlocal Agreement. The RFP could be done either through the City or CRA.
13
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Chair Taylor suggested CRA staff and City staff work jointly on an RFP, as City Hall and
other facilities would likely be considered.
The board discussed review of the Master Plan,which was necessary in order for a
decision to be made. The Master Plan would be brought before the board at the next
meeting, Ms. Brooks pointed out the Master Plan proposed moving City Hall to the
Library block, moving the current public uses (Civic Center and Art Center) into the Old
High School, building a private, taxable building and parking structure east of the Old
High School, and a fully taxable block on the current City Hall site. This would require a
three-phased project, and a Master Development Agreement could be entered into for
all three phases.
Motion
Vice Chair Rodriguez moved to table any further decision on the high school and that
the board talk about the Downtown Master Plan next month and move forward one way
or the other, and encompass the Old High School into the Downtown Master Plan. Mr.
Weiland seconded the motion.
Ms. Bright advised staff would not have the final draft of the Master Plan until March
2008.
( Wee Chair Rodriguez left the dais.)
Mr. Weiland withdrew his second.
Chair Taylor repeated the motion which he understood was to table this matter until the
board reviewed the Downtown Master Plan which would be presented to the board in
final form in March 2008. Mr. Hay seconded the motion.
Attorney Doody advised there was no discussion on a motion to table.
Vote
Motion passed 4-0 (Chair Rodriguez was absent for the vote).
Consenus
The board agreed to a lO-minute recess,
The meeting recessed at 8:36 p.m. and reconvened at 8:46 p.m.
14
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
B. Consideration of Revised Travel & Entertainment Policy
Susan Harris, Finance Director, advised the item was brought before the board as it
was the board's desire for staff to revise the existing policies in terms of travel and
entertainment, as well as the credit card policy, for more defined controls. The
methodology used to revise the policies was based on information from other CRAs,
other cities and the City of Boynton Beach.
(Mr. Weiland returned to the dais).
The Travel and Entertainment Policy included well-defined definitions for Classes A, B
and C. Also defined were:
. Controls as to the source of the funds
. Manner in which the money was to be spent
. Accountability
· Expense reimbursements for public officials (customized for the CRA, as their
policy differs from the City's policy)
Also included were greater controls on reimbursement and a defined Class C policy.
Their credit card policy was similar to the City's policy. The difference was the
elimination of various layers of approval as the City had 1,000 employees while the CRA
had only ten employees. The steps for reviewing disputes were condensed. The credit
card limits differed as well. Staff requested direction from the board. If approved, the
policies would be incorporated into the CRAls administrative manual.
Vice Chair Rodriguez wished to have the policies as comparable as possible to the
policies of the City. Taxpayer dollars were used for the expenses, and accountability
was essential. He believed the CRA policy was more liberal than that of the City. He
noted the meal rates allowed in the CRA policy were $12 for breakfast, $15 for lunch
and $30 for dinner. The City's per diem allowances were $8 for breakfast, $12 for lunch
and $20 for dinner. He recommended the CRA adopt the City's meal rates.
Kurt Bressner, City Manager, indicated the City policy for travel reimbursement was
adopted pursuant to Ordinance 03-049 in 2003. At that time, the per diem allowances
for staff were $8 for breakfast, $12 for lunch and $20 for dinner. The total for a 24-
hour period was not to exceed $40. The ordinance defined "officer" or "public officer"
as a member of the City Commission. It was specified the expense allowance would be
utilized to meet meal expenses. The policy adopted by the City governed City staff. The
policy discussed governed CRA staff,
15
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
The board discussed non-reimbursable expenses in the public sector and requirements
with respect thereto.
Chair Taylor indicated he had no objection to the policy, provided it was not abused,
the expenses were documented properly, and the purpose for the expenditure was
clear,
Motion
Mr. Hay moved to accept the policies. Ms. Ross seconded the motion that passed 4-1
(Vice Chair Rodriguez dissenting).
C. Consideration of Residential Improvement Program Options
Ms. Brooks provided a brief PowerPoint presentation regarding the homes currently
slated for improvement. They included:
. Mrs. Jones (water intrusion)
· Mrs. Sullivan (house painting and minor interior work)
· Mr. Aikens (water intrusion into interior of home, causing mold issues)
. Mrs. Mitchell (roof issues)
· The Shaws (doors and exterior hardening of the house)
. Mrs. Jerry (minor issues)
. Mrs. Darrisaw
Staff prepared eight options for the board's consideration. Ms. Brooks read the options
as noted in the backup material. With regard to option 7 amending the program to
include the use of a forgivable five-year lien in the amount of the grant, only one of the
seven grant recipients currently approved would have applied for or accepted the grant
funds under this revision. Chair Taylor noted every year, one-fifth of the' loan would be
forgivable, and at the end of the fifth year, the recipient would not owe any monies
and, therefore, he could not understand why that would present a problem to anyone.
Gertrude Sullivan, 201 NE 6th Street, referred to one of the recipients and his need
for funding.
Willie Aikins, 726 NE 1st Street, commented, the problem was not with the
forgiveness of the loans, The recipients did not want the loans because they would
have an adverse affect on credit and refinancing.
Mr. Bressner advised the imposition of the lien was a City policy needed to protect the
assets of the City. With regard to refinancing, the amount being refinanced had to
reflect the amount outstanding on the loan. He was uncertain whether the City's Legal
16
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Department could produce a letter or instrument which would allow the refinancing to
go forward. This would eliminate the impediment referred to by Mr. Aiken. He would
check with the City Attorney to determine whether such an instrument could be
prepared as an affirmative resolution of this issue. He believed folding the program into
the City's program would be beneficial and save the CRA administrative costs. He
would explore these options with the City Attorney's office. Mr. Doody indicated he
would confer with Attorney Tolces as to the possible subordination of the City's lien,
The board discussed the options presented.
Motion
Vice Chair Rodriguez moved to accept recommendation #2, which is to amend the
present work orders to remove the items identified by the board, which are the washer/
dryer items that were excessive (this was for the seven applicants that were originally
on this package). Moving forward, any new applications were only going to be for
support of option #5, which is to amend the gUidelines to only address roofs, hurricane
shutters, exterior painting, irrigation, landscape and exterior doors.
Attorney Doody requested Vice Chair Rodriguez divide the above motion into two
motions for clarity, so that item #2 would apply only to the seven applicants presently
before the board.
Motion
Vice Chair Rodriguez moved that the board move forward with the seven applicants in
front of the board, with option 2. Mr. Hay seconded the motion that passed
unanimously.
Motion
Vice Chair Rodriguez moved to amend the guidelines of this program for future
applicants to include option 5, which is basically the exterior portion of the home, and
would include roofs, hurricane shutters, exterior painting, irrigation, landscape and
doors. Mr. Weiland seconded the motion.
Attorney Doody noted, for purposes of clarification, the option was to include exterior
doors. Vice Chair Rodriguez and Mr. Weiland agreed.
Vote
The motion passed 4-1 (Mr. Hay dissenting).
17
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Chair Taylor noted none of the options included the lien,
D. Consideration of Work Order #1.2 for 211 East Ocean Avenue
Construction Documents
Ms. Brooks advised, at the last board meeting, the board approved the second option, a
1,000 square foot addition to the structure. The board was provided with the work
order under the continuing contract with REG to create the construction drawings, site
plans and to apply to the State for the Florida Historic Grant. A preliminary review had
been submitted for the structure.
Motion
Mr. Weiland moved to approve Item D. Mr. Hay seconded the motion.
Vice Chair Rodriguez noted he was not originally supportive of this project. However,
last month, he did vote for the renovations, In hindsight, he believed he probably
should not have. He wished to make it clear for the record, he did not support
spending another $850,000 to renovate a building for which the CRA spent $150,000.
The building was purchased only last year, but it appeared every month the board was
moving forward on renovations.
Vote
The motion passed 4-1 (Wee Chair Rodriguez dissenting).
E. Consideration of Ocean Avenue Pressure Cleaning Options
Motion
Mr. Weiland moved to approve Item E. Mr. Hay seconded the motion.
Chair Taylor and Vice Chair Rodriguez inquired as to what the board was being asked to
recommend.
Mike Simon, Development Manager, noted the board requested information be
gathered on the manner in which Delray Beach dealt with the sidewalk cfeaning of their
city as it related to Atlantic Avenue sidewalk cafes.
Ms. Brooks recommended the City Commission consider amending its sidewalk cafe
ordinance to include mandatory cleaning of the publiC easement on a quarterly basis, If
18
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
this was not accomplished, the City could take over this task and charge the
establishment for the cost incurred, or place a lien on the property.
Chair Taylor was of the opinion that nothing should be done at the CRA level, but rather
to allow Code to follow up when the sidewalks required cleaning.
Mr, Bressner supported Ms. Brooks' suggestion for the Code to be amended to include
proscribed standards which could be enforced and circulated to the business community
and Chamber of Commerce, This would obviate the necessity of having to deal with
situations on a caseMby-case basis without standards. If outdoor dining was going to be
encouraged, he believed maintenance responsibilities should be borne by the
businesses benefiting from the use of the sidewalks. By having an ordinance in place,
standards would be established to ensure the businesses upheld their responsibilities.
Motion
Vice Chair Rodriguez moved that the board send this back to the City of Boynton Beach
to look at their Code, as it addressed issues of sidewalk cleanup and maintenance. Mr.
Hay seconded the motion that passed unanimously.
x. New Business:
A. Consideration of Amending the Direct Incentive Funding Agreement
(DIFA) with Cornerstone to Allow for 140% of AMI Qualified Buyers
Ms. Brooks advised the item was brought before the board at the request of the
Cornerstone Group, d/b/a Boynton Village, LLC, developer of the Preserve. They
currently have a Direct Incentive Funding Agreement in place with the CRA. The direct
incentive was to create, in exchange for TIF (Tax Increment Financing) funds, 50
affordable units in the 180 unit development. They applied for the Community
Workforce Housing Innovation Program (CWHIP) funds for affordable housing through
the Florida Housing Finance Corporation. Cornerstone was awarded funds from CWHIP
in the amount of $5M. However, the CWHIP program allowed up to 140% of median
household incomes and the DIFA allowed up to 120%. In order to meet the
requirement of the DIFA, Cornerstone requested an amendment to the DIFA to allow
incomes up to 140% of the median household. Ms. Brooks noted projects of this
nature always required multi-layer financing.
19
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Motion
Mr. Weiland moved to approve Item A, Mr. Hay seconded the motion that passed
unanimously.
B. Consideration of Executive Director Severance Authority
Ms. Harris advised this was a future agenda item brought forward to the board. She
had polled other CRAs on this issue, and the City Manager provided input as well, which
was included in the board packet. Staff sought direction from the board on this item,
Chair Taylor noted the information provided was far more than anticipated. The
documentation provided appeared to be some type of Union contract. The only
information sought was whether severance would or would not be provided to CRA
employees. Chair Taylor believed the Executive Director had the right to hire and fire
people. He would support authorizing the Executive Director to either provide no
severance, or provide severance not to exceed 90 days.
Vice Chair Rodriquez believed guidelines should be established to determine the length
of service required before severance was provided; in particular, whether a
probationary period would have to be satisfied prior to the provision of severance.
Motion
Vice Chair Rodriguez moved that the board amend the severance package opportunities
for employees of the CRA, and that there will be no employees eligible for a severance
package unless they had at least six months of employment. After that, they are
eligible for 90 days of severance at the Executive Director1s discretion~ Mr. Weiland
seconded the motion that passed unanimously.
XI. Comments by Staff
Ashley Buckley, Administrative Services Manager, distributed the itinerary for the CRA
Training Workshop to be held Friday, January 11 through January 12, 2008 at the
Riverside Hotel. Discussion ensued as to attendance by the members. Information
previously provided to the board was compiled into a binder and made available to the
board.
Ms, Brooks noted the Housing Leadership Council would be hosting a breakfast on
January 30, 2008, from 8:00 a.m. to 10:30 a.m. in West Palm Beach. Boynton Beach
would be recognized as one of the top two cities providing affordable housing. She
urged the board to attend. Staff would be furnishing complete information.
20
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Kathy Biscuiti, Special Events Manager, distributed a flyer relating to the Oceanfront
Concerts. The January 18, 2008 event will feature Phil Mann and will be sponsored by
Ruden McClosky. With regard to the Heritage Celebration, activities will be held at the
Hester Center the weekend of February 15, 16 and 17, 2008. Basketball tournaments
would take place all three days, and continuous entertainment would be provided on
February 16th from 10:00 a.m. through 8:00 p.m. Ms. Biscuiti and Mary DeGraffenreidt
had been working with the office of Maria sachs, and had lined up two entertainers.
They were Su"eal, a high school rock band, and Bang, a rapper. All the entertainment
was uplifting and clean. Stacey Robinson, Program Coordinator for the Youth Violence
Prevention Program, will be setting up a booth at the event. The Auburn Group will
present a free concert downtown on February 23, 2008, featuring the Commodores. A
private party area will be set up for City officials and limited guests. Staff will be
contacting the board members to obtain their guest lists. Admittance will be strictly
enforced in order to avoid crowd control issues and prevent uninvited guests from
attending.
XII. Comments by Executive Director
Ms. Bright noted CRA staff met with the Auburn Group on December 20, 2008
regarding the MLK Phase 1 Development Agreement. Staff received a draft of the
agreement this date and would be e-mailing numbers to the board,
XIII. Comments by CRA Board Attorney
Attorney Doody provided an update on the status of Ocean Breeze. Attorney Doody
conversed with Mr. McDonough last week. Initially, two contracts were received from
the developer that raised issues as to the division of the project into two separate
contracts. Attorney Doody provided comments and revisions to the developer and is
awaiting a response thereto in order to move forward,
XIV. Comments by CRA board
Chair Taylor requested CRA staff bring back to the board next month, the feasibility of
purchasing the City's properties in the MLK area. This would likely provide the City with
revenue and provide the CRA with ownership of all parcels.
Attorney Doody, inquired whether the purchase price would be determined by
appraisals. Ms. Bright advised staff had outstanding appraisals but would work with Mr.
Bressner and the Development Department to come up with a price. Mr. Bressner
believed staff would want to obtain new appraisals inasmuch as the market was in a
downturn.
21
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Vice Chair Rodriguez wondered whether CRA staff could provide the agenda packet to
the board on Wednesday or Thursday, rather than Friday. Ms. Bright advised she
would look into this and respond bye-mail.
xv. Adjournment
There being no further business to discuss, the meeting properly adjourned at 9:49
p.m, (\.
J!;e;~ V#-
Stephanie D. Kahn
Recording Secretary
010808
22
~/r":c~
("" """,,,,
~~~~Y~T2~ eRA
Ii East Side-West Side- Seaside Renaissance
eRA BOARD MEETING OF: February 12, 2008
I X I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Monthly Financial Report
SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for
the month ending January 31,2008.
FISCAL IMPACT: None
RECOMMENDA TIONS: Approve January financials.
Susan Harris
Finance Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY
2007 - 2008 Board Meetings\08 02 12 CRA Board Meeting February\Monthly Financial Report.doc
1-17-2008 06:3"
01 -GENERAL FUND
FINANCIAL SUMMARY
REVENUE SUMMARY
T.I.F.INCOME
MARINA RENT & GRANT INC
MARKETING INCOME
FESTIVALS & EVENT INCOME
INVESTMENT INCOME
CONTRIBUTIONS & DONATION
MISCELLANEOUS
OTHER FINANCING SOURCES
TOTAL REVENUES
EXPENDITURE SUMMARY
LEGISLATIVE
ADMINISTRATIVE
AUDITOR
FINANCE
INSURANCES
PROFESSIONAL SERVICES
PLANNING
BUILDINGS & PROPERTY
MARINA
COMMUNICATIONS & TECHNOLO
SOFTWARE & TECHNOLOGY
CONTINGENCY
POLICE
TRANSPORTATION
INCENTIVES & GRANTS
MARKETING
SPECIAL EVENTS
SIGNAGE PROGRAM
HEART OF BOYNTON
DEVELOPMENT PROJECTS
EMPLOYEE BEBEFITS
DEBT SERVICE
TRANSFER OUT
TOTAL EXPENDITURES
REVENUES OVER/(UNDER) EXPENDITURES
BOYNTON BEACH C
REVENUE & EXPENDITURES REPOR JAUDITED)
AS OF: JANUARY 31ST, 2008
ORIGINAL
BUDGET
9,500,000
1,453,200
o
10,000
300,000
o
o
o
11,263,200
57,400
264,046
26,200
168,280
105,375
560,120
717,395
506,090
1,410,000
60,740
40,000
274,000
573,853
521,000
425,000
292,905
451,715
85,000
o
1,453,114
204,979
3,065,988
o
11,263,200
AMENDED
BUDGET
9,500,000
1,453,200
o
10,000
300,000
o
o
o
11,263,200
57,400
264,046
26,200
168,280
105,375
560,120
717,395
506,090
1,410,000
60,740
40,000
274,000
573,853
521,000
425,000
292,905
451,715
85,000
o
1,453,114
204,979
3,065,988
o
11,263,200
o
MONTHLY
ACTIVITY
0.00
45,332.46
600.00
0.00
0.00
0.00
20.48
0.00
45,952.94
115.38
9,551.54
5,750.00
4,879.36
589.35
25,776.16
14,986.85
8,771.25
73,869.78
11,996.09
0.00
0.00
185,069.00
39,455.00
4,605.14
4,571.67
24,085.00
0.00
0.00
0.00
6,325.93
0.00
0.00
420,397.50
YEAR-TO-DATE
BALANCE
9,719,425.00
289,540.90
2,280.00
31,500.00
54,974.37
0.00
174.29
0.00
10,097,894.56
5,780.96
70,570.04
10,700.00
35,231.13
94,920.79
64,205.99
115,491.73
56,687.15
250,721. 71
16,635.07
4,500.00
0.00
185,069.00
144,757.01
12,105.14
80,511.18
169,162.60
0.00
0.00
16,809.86
37,609.82
138,175.77
0.00
1,509,644.95
o
374,444.56) 8,588,249.61
TOTAL
ENCUMBERED
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
43,818.45
383,079.64
85,153.67
0.00
39,020.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
551,071.76
PAGE:
1
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
219,425.00)
1,163,659.10
2,280.00)
21,500.00)
245,025.63
0.00
174.29)
0.00
1,165,305.44
51,619.04
193,475.96
15,500.00
133,048.87
10,454.21
452,095.56
218,823.63
364,249.18
1,159,278.29
5,084.93
35,500.00
274,000.00
388,784.00
376,242.99
412,894.86
212,393.82
282,552.40
85,000.00
0.00
1,436,304.14
167,369.18
2,927,812.23
0.00
9,202,483.29
551,071.76) ( 8,037,177.85)
2.31-
80.08
0.00
215.00-
81. 68
0.00
0.00
0.00
10.35
89.93
73.27
59.16
79.06
9.92
80.71
30.50
71.97
82.22
8.37
88.75
100.00
67.75
72.22
97.15
72 .51
62.55
100.00
0.00
98.84
81. 65
95.49
0.00
81.70
0.00
1-17-2008 06:3
01 -GENERAL FUND
REVENUES
T.I.F.INCOME
01-41000 T.I.F. COLLECTIONS
TOTAL T.I.F.INCOME
MARINA RENT & GRANT INC
01-42100 TROLLY -FEDERAL & MPO GRANTS
01-42110 MARINA - COUNTY GRANT
01-42112 MORTGAGE REIMB. - COUNTY GRAN
01-42115 MARINA RENTS
01-42116 MISCELLANEOUS RENTS FRO PROPE
01-42117 MARINA FUEL SALES
01-42118 MARINA MISC INCOME
01-42120 MANGROVE LAND PURCHASE
TOTAL MARINA RENT & GRANT INC
MARKETING INCOME
01-43100 TROLLY MARKETING INCOME
TOTAL MARKETING INCOME
FESTIVALS & EVENT INCOME
01-44100 FESTIVAL & EVENT INCOME
01-44101 SHARED FESTIVAL INCOME-PIRATE
01-44102 SHARED FESTIVAL INC- MEDIEVAL
01-44103 SHARED FESTIVAL INC - HERITAG
01-44104 SHARED FESTIVAL INC-HOLIDAY F
TOTAL FESTIVALS & EVENT INCOME
INVESTMENT INCOME
01-46100 INTEREST INCOME
TOTAL INVESTMENT INCOME
CONTRIBUTIONS & DONATION
01-47100 CONTRIBUTIONS & DONATIONS
TOTAL CONTRIBUTIONS & DONATION
MISCELLANEOUS
01-48100 MISCELLANEOUS INCOME
01-48200 REFUND FROM PRIOR YEAR EXP
TOTAL MISCELLANEOUS
BOYNTON BEACH C
REVENUE & EXPENDITURES REPOR ~AUDITED)
AS OF: JANUARY 31ST, 2008
ORIGINAL
BUDGET
9,500,000
9,500,000
o
o
o
125,000
7,200
1,320,000
1,000
o
1,453,200
10,000
o
o
o
o
10,000
300,000
300,000
AMENDED
BUDGET
9,500,000.0
9,500,000
0.0
0.0
0.0
125,000.0
7,200.0
1,320,000.0
1,000.0
0.0
1,453,200
o
o
10,000.0
0.0
0.0
0.0
0.0
10,000
300,000..0
300,000
o
o
o
o
o
0.0
o
0.0
o
0.0
0.0
o
MONTHLY
ACTIVITY
0.00
0.00
0.00
0.00
0.00
12,601.70
600.00
32,112.78
17.98
0.00
45,332.46
600.00
600.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
20.48
0.00
20.48
YEAR-TO-DATE
BALANCE
9,719,425.00
9,719,425.00
0.00
0.00
0.00
45,463.35
2,400.00
241,623.19
54.36
0.00
289,540.90
2,280.00
2,280.00
31,500.00
0.00
0.00
0.00
0.00
31,500.00
54,974.37
54,974.37
0.00
0.00
174.29
0.00
174.29
TOTAL
ENCUMBERED
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE:
2
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
219,425.00)
219,425.00)
0.00
0.00
0.00
79,536.65
4,800.00
1,078,376.81
945.64
0.00
1,163,659.10
2,280.00)
2,280.00)
21,500.00)
0.00
0.00
0.00
0.00
21,500.00)
245,025.63
245,025.63
0.00
0.00
174.29)
0.00
174.29)
2.31-
2.31-
0.00
0.00
0.00
63.63
66.67
81.70
94.56
0.00
80.08
0.00
0.00
215.00-
0.00
0.00
0.00
0.00
215.00-
81. 68
81.68
0.00
0.00
0.00
0.00
0.00
1-17-2008 06:3
01 -GENERAL FUND
REVENUES
ORIGINAL
BUDGET
BOYNTON BEACH C
REVENUE & EXPENDITURES REPOR NAUDITED)
AS OF: JANUARY 31ST, 2008
AMENDED MONTHLY YEAR-TO-DATE
BUDGET ACTIVITY BALANCE
PAGE:
3
% OF
TOTAL UNENCUMBERED BUDGET
ENCUMBERED BALANCE REMAINING
OTHER FINANCING SOURCES
01-49100 OTHER FINANCING SOURCES
TOTAL OTHER FINANCING SOURCES
o
o
0.0 0.00 0.00
o 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
TOTAL REVENUES
0.00 1,165,305.44 10.35
11,263,200
11,263,200 45,952.94 10,097,894.56
1-17-2008 06:3 BOYNTON BEACH C' PAGE: 4
REVENUE & EXPENDITURES REPOR ,"'AUDITED)
AS OF: JANUARY 31ST, ,W08
01 -GENERAL FUND
LEGISLATIVE
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51010-200 CONTRACTUAL EXPENSE 10,000 10,000 0.00 200.00 0.00 9,800.00 98.00
01-51010-203 MISCELLANEOUS 13,000 13,000 0.00 0.00 0.00 13,000.00 100.00
01-51010-216 ADVERTISING & PUBLIC NOTI 2,700 2,700 64.68 324.27 0.00 2,375.73 87.99
01-51010-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0.00 0.00
01-51010-225 ASSOC. MEETINGS & SEMINAR 27,500 27,500 69.30) 4,647.89 0.00 22,852.11 83.10
01-51010-227 DELIVERY SERVICES 3,600 3,600 120.00 570.03 0.00 3,029.97 84.17
TOTAL PURCHASED/CONTRACT SERV 56,800 56,800 115.38 5,742.19 0.00 51,057.81 89.89
SUPPLIES
01-51010-300 OFFICE EXPENSE 600 600 0.00 38.77 0.00 561.23 93.54
TOTAL SUPPLIES 600 600 0.00 38.77 0.00 561. 23 93.54
TOTAL LEGISLATIVE 57,400 57,400 115.38 5,780.96 0.00 51,619.04 89.93
1-17-2008 06:3A
01 -GENERAL FUND
ADMINISTRATIVE
DEPARTMENTAL EXPENDITURES
PERSONNEL SERVICES
01-51230-100 PERSONNEL SERVICES
01-51230-115 CAR ALLOWANCE
TOTAL PERSONNEL SERVICES
PURCHASED/CONTRACT SERV
01-51230-200 CONTRACTUAL EXPENSE
01-51230-203 MISCELLANEOUS
01-51230-220 PROMO & BUSINESS TRAVEL
01-51230-225 ASSOC. MEETINGS & SEMINAR
01-51230-226 MEMBERSHIP DUES
01-51230-227 DELIVERY SERVICES
01-51230-229 CAREER DEVELOPMENT
TOTAL PURCHASED/CONTRACT SERV
SUPPLIES
01-51230-300 OFFICE EXPENSE
01-51230-310 OFFICE SUPPLIES
01-51230-315 POSTAGE
01-51230-355 SUBSCRIPTIONS
01-51230-360 BOOKS & PUBLICATIONS
01-51230-365 OFFICE PRINTING COSTS
TOTAL SUPPLIES
CAPITAL OUTLAY
01-51230-400 EQUIPMENT COSTS
TOTAL CAPITAL OUTLAY
DEPRECIATION & AMORT
01-51230-610 DEPRECIATION
TOTAL DEPRECIATION & AMORT
TOTAL ADMINISTRATIVE
ORIGINAL
BUDGET
215,396
4,030
219,426
o
2,000
o
14,190
5,030
3,000
2,500
26,720
o
8,500
2,000
1,650
750
o
12,900
5,000
5,000
264,046
BOYNTON BEACH Cf
REVENUE & EXPENDITURES REPOR'. iAUDITED)
AS OF: JANUARY 31ST, ~008
AMENDED
BUDGET
215,396
4,030
219,426
o
2,000
o
14,190
5,030
3,000
2,500
26,720
o
8,500
2,000
1,650
750
o
12,900
5,000
5,000
o
o
264,046
o
o
MONTHLY
ACTIVITY
8,100.77
155.00
8,255.77
0.00
500.00
0.00
0.00
265.00
0.00
0.00
765.00
0.00
530.77
0.00
0.00
0.00
0.00
530.77
9,551.54
0.00
0.00
0.00
0.00
YEAR-TO-DATE
BALANCE
58,325.55
1,116.00
59,441.55
0.00
1,611.60
0.00
3,903.49
2,631.83
37.19
0.00
8,184.11
0.00
2,177.43
272.17
85.80
0.00
0.00
2,535.40
408.98
408.98
0.00
0.00
70,570.04
TOTAL
ENCUMBERED
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
UNENCUMBERED
BALANCE
157,070.45
2,914.00
159,984.45
0.00
388.40
0.00
10,286.51
2,398.17
2,962.81
2,500.00
18,535.89
0.00
6,322.57
1,727.83
1,564.20
750.00
0.00
10,364.60
4,591.02
4,591.02
0.00
0.00
193,475.96
PAGE:
5
% OF
BUDGET
REMAINING
72.92
72.31
72.91
0.00
19.42
0.00
72.49
47.68
98.76
100.00
69.37
0.00
74.38
86.39
94.80
100.00
0.00
80.35
91. 82
91. 82
0.00
0.00
73.27
1-17-2008 06: 3' BOYNTON BEACH C PAGE: 6
REVENUE & EXPENDITURES REPOR. .,AUDITED)
AS OF: JANUARY 31ST, 2008
01 -GENERAL FUND
AUDITOR
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51320-202 AUDITORS FEES 26,000 26,000 5,750.00 10,700.00 0.00 15,300.00 58.85
01-51320-227 DELIVERY SERVICES 200 200 0.00 0.00 0.00 200.00 100.00
TOTAL PURCHASED/CONTRACT SERV 26,200 26,200 5,750.00 10,700.00 0.00 15,500.00 59.16
TOTAL AUDITOR 26,200 26,200 5,750.00 10,700.00 0.00 15,500.00 59.16
1-17-2008 06:3'
01 -GENERAL FUND
FINANCE
DEPARTMENTAL EXPENDITURES
PERSONNEL SERVICES
01-51325-100 PERSONNEL SERVICES
01-51325-115 CAR ALLOWENCE
TOTAL PERSONNEL SERVICES
PURCHASED/CONTRACT SERV
01-51325-200 CONTRACTUAL EXPENSE
01-51325-201 BANK FEES
01-51325-203 MISCELLANEOUS
01-51325-220 PROMO & BUSINESS TRAVEL
01-51325-225 ASSOC. MEETINGS & SEMINAR
01-51325-226 MEMBERSHIP DUES
01-51325-227 DELIVERY COSTS
01-51325-229 CAREER DEVELOPMENT
TOTAL PURCHASED/CONTRACT SERV
SUPPLIES
01-51325-300 OFFICE EXPENSE
01-51325-310 OFFICE SUPPLIES
01-51325-355 SUBSCRIPTIONS
01-51325-360 BOOKS & PUBLICATIONS
01-51325-365 OFFICE PRINTING COSTS
TOTAL SUPPLIES
CAPITAL OUTLAY
01-51325-400 EQUIPMENT COSTS
TOTAL CAPITAL OUTLAY
DEPRECIATION & AMORT
01-51325-610 DEPRECIATION
TOTAL DEPRECIATION & AMORT
TOTAL FINANCE
ORIGINAL
BUDGET
140,400
o
140,400
5,280
3,600
o
o
8,000
900
1,500
3,000
22,280
o
4,500
o
100
1,000
5,600
168,280
BOYNTON BEACH C.
REVENUE & EXPENDITURES REPOR .~AUDITED)
AS OF: JANUARY 31ST, 2008
AMENDED
BUDGET
140,400
o
140,400
5,280
3,600
o
o
8,000
900
1,500
3,000
22,280
o
4,500
o
100
1,000
5,600
o
o
o
o
168,280
MONTHLY
ACTIVITY
4,701. 92
0.00
4,701.92
0.00
0.00
0.00
0.00
0.00
0.00
75.35
0.00
75.35
0.00
102.09
0.00
0.00
0.00
102.09
o
o
o
o
4,879.36
0.00
0.00
0.00
0.00
YEAR-TO-DATE
BALANCE
28,684.61
0.00
28,684.61
696.44
228.51
0.00
0.00
4,025.18
0.00
94.51
0.00
5,044.64
0.00
1,456.09
0.00
0.00
45.79
1,501.88
0.00
0.00
0.00
0.00
35,231.13
TOTAL
ENCUMBERED
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
UNENCUMBERED
BALANCE
111,715.39
0.00
111,715.39
4,583.56
3,371.49
0.00
0.00
3,974.82
900.00
1,405.49
3,000.00
17,235.36
0.00
3,043.91
0.00
100.00
954.21
4,098.12
0.00
0.00
0.00
0.00
133,048.87
PAGE:
7
% OF
BUDGET
REMAINING
79.57
0.00
79.57
86.81
93.65
0.00
0.00
49.69
100.00
93.70
100.00
77.36
0.00
67.64
0.00
100.00
95.42
73.18
0.00
0.00
0.00
0.00
79.06
1-17-2008 06:3 BOYNTON BEACH C' PAGE: 8
REVENUE & EXPENDITURES REPOh NAUDITED)
AS OF: JANUARY 31ST, 2008
01 -GENERAL FUND
INSURANCES
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51410-200 CONTRACTUAL EXPENSE 26,090 26,090 589.35 16,144.98 0.00 9,945.02 38.12
01-51410-213 GENERAL PROPERTY COVERAGE 70,050 70,050 0.00 70,050.00 0.00 0.00 0.00
01-51410-214 EMPLOYEE FIDELITY COVERAG 1,500 1,500 0.00 990.81 0.00 509.19 33.95
01-51410-215 DIRECTORS & OFFICERS COVE 7,735 7,735 0.00 7,735.00 0.00 0.00 0.00
TOTAL PURCHASED/CONTRACT SERV 105,375 105,375 589.35 94,920.79 0.00 10,454.21 9.92
TOTAL INSURANCES 105,375 105,375 589.35 94,920.79 0.00 10,454.21 9.92
1-17-2008 06:3
01 -GENERAL FUND
PROFESSIONAL SERVICES
DEPARTMENTAL EXPENDITURES
PURCHASED/CONTRACT SERV
01-51420-200 CONTRACTUAL EXPENSE
01-51420-201 CONTRACT LEGAL
01-51420-203 LOBBYING COSTS- FED & STA
01-51420-204 CITY STAFF COSTS
01-51420-227 CONTRACT LEGAL DELIVERY S
01-51420-228 BUILDING & DEMOLITION PER
TOTAL PURCHASED/CONTRACT SERV
TOTAL PROFESSIONAL SERVICES
ORIGINAL
BUDGET
no,ooo
350,000
90,000
10,120
o
o
560,120
560,120
BOYNTON BEACH (
REVENUE & EXPENDITURES REPOR NAUDITED)
AS OF: JANUARY 31ST, 2008
AMENDED
BUDGET
no,ooo
350,000
90,000
10,120
o
o
560,120
560,120
MONTHLY
ACTIVITY
13,519.43
5,460.33
3,954.89
2,841.51
0.00
0.00
25,776.16
25,776.16
YEAR-TO-DATE
BALANCE
20,444.43
30,188.50
10,681. 55
2,891.51
0.00
0.00
64,205.99
64,205.99
TOTAL
ENCUMBERED
9,500.00
0.00
34,318.45
0.00
0.00
0.00
43,818.45
43,818.45
UNENCUMBERED
BALANCE
80,055.57
319,811.50
45,000.00
7,228.49
0.00
0.00
452,095.56
452,095.56
PAGE:
9
% OF
BUDGET
REMAINING
72.78
91.37
50.00
71.43
0.00
0.00
80.71
80.71
1-17-2008 06:3
01 -GENERAL FUND
PLANNING
DEPARTMENTAL EXPENDITURES
PERSONNEL SERVICES
01-51440-100 PERSONNEL SERVICES
01-51440-115 CAR ALLOWANCE
TOTAL PERSONNEL SERVICES
PURCHASED/CONTRACT SERV
01-51440-200 CONTRACTUAL EXPENSE
01-51440-203 MISCELLANEOUS
01-51440-216 ADVERTISING & PUBLIC NOTI
01-51440-220 PROMO & BUSINESS TRAVEL
01-51440-225 ASSOC. MEETINGS & SEMINAR
01-51440-226 MEMBERSHIP DUES
01-51440-227 DELIVERY SERVICES
01-51440-229 CAREER DEVELOPMENT
TOTAL PURCHASED/CONTRACT SERV
SUPPLIES
01-51440-300 OFFICE EXPENSE
01-51440-310 OFFICE SUPPLIES
01-51440-355 SUBSCRIPTIONS
01-51440-360 BOOKS & PUBLICATIONS
01-51440-365 OFFICE PRINTING COSTS
TOTAL SUPPLIES
CAPITAL OUTLAY
01-51440-400 EQUIPMENT COSTS
TOTAL CAPITAL OUTLAY
DEPRECIATION & AMORT
01-51440-610 DEPRECIATION
TOTAL DEPRECIATION & AMORT
TOTAL PLANNING
ORIGINAL
BUDGET
177,120
2,600
179,720
522,500
o
o
o
6,000
1,225
2,000
o
531,725
o
3,500
150
300
2,000
5,950
717,395
BOYNTON BEACH C
REVENUE & EXPENDITURES REPOR NAUDITED)
AS OF: JANUARY 31ST, 2008
AMENDED
BUDGET
177,120
2,600
179,720
522,500
o
o
o
6,000
1,225
2,000
o
531,725
o
3,500
150
300
2,000
5,950
o
o
o
o
717,395
MONTHLY
ACTIVITY
6,812.31
100.00
6,912.31
7,800.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
7,800.00
0.00
72.84
0.00
0.00
201.70
274.54
o
o
0.00
0.00
o
o
0.00
0.00
14,986.85
YEAR-TO-DATE
BALANCE
49,048.61
720.00
49,768.61
61,440.31
0.00
0.00
0.00
2,801.25
165.00
270.10
0.00
64,676.66
0.00
831. 71
0.00
0.00
214.75
1,046.46
0.00
0.00
0.00
0.00
115,491.73
TOTAL
ENCUMBERED
0.00
0.00
0.00
383,079.64
0.00
0.00
0.00
0.00
0.00
0.00
0.00
383,079.64
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
383,079.64
UNENCUMBERED
BALANCE
128,071.39
1,880.00
129,951.39
77,980.05
0.00
0.00
0.00
3,198.75
1,060.00
1,729.90
0.00
83,968.70
0.00
2,668.29
150.00
300.00
1,785.25
4,903.54
0.00
0.00
0.00
0.00
218,823.63
PAGE:
10
% OF
BUDGET
REMAINING
72 .31
72 .31
72 .31
14.92
0.00
0.00
0.00
53.31
86.53
86.50
0.00
15.79
0.00
76.24
100.00
100.00
89.26
82.41
0.00
0.00
0.00
0.00
30.50
1-17-2008 06:3/
01 -GENERAL FUND
BUILDINGS & PROPERTY
DEPARTMENTAL EXPENDITURES
PURCHASED/CONTRACT SERV
01-51620-200 CONTRACTUAL EXPENSE
01-51620-205 RENTAL OF OFFICES
01-51620-206 MAINTENENCE & CLEANING
01-51620-207 OFFICE SPACE CHARGES
01-51620-208 EQUIPMENT LEASES
01-51620-209 PROPERTY MAINTENENCE COST
01-51620-228 BUILDING & DEMOLITION FEE
TOTAL PURCHASED/CONTRACT SERV
SUPPLIES
01-51620-315 POSTAGE COSTS
01-51620-325 ELECTRICITY COSTS
01-51620-326 WATER CHARGES
TOTAL SUPPLIES
CAPITAL OUTLAY
01-51620-400 EQUIPMENT COSTS
TOTAL CAPITAL OUTLAY
DEPRECIATION & AMORT
01-51620-600 DEPREACTION EXPENSE
TOTAL DEPRECIATION & AMORT
TOTAL BUILDINGS & PROPERTY
ORIGINAL
BUDGET
2,700
50,760
8,280
10,000
16,000
312,850
87,500
488,090
o
10,000
8,000
18,000
506,090
BOYNTON BEACH cr
REVENUE & EXPENDITURES REPOR .JAUDITED)
AS OF: JANUARY 31ST, ~008
AMENDED
BUDGET
2,700
50,760
8,280
10,000
16,000
312,850
87,500
488,090
o
10,000
8,000
18,000
o
o
o
o
506,090
MONTHLY
ACTIVITY
94.00
4,000.00
0.00
583.64
17.00
3,516.33
0.00
8,210.97
0.00
529.20
31. 08
560.28
o
o
o
o
8,771.25
0.00
0.00
0.00
0.00
YEAR-TO-DATE
BALANCE
488.85
16,000.00
2,070.00
3,366.46
4,488.82
24,657.34
3,510.00
54,581.47
0.00
1,749.36
356.32
2,105.68
0.00
0.00
0.00
0.00
56,687.15
TOTAL
ENCUMBERED
0.00
32,800.00
0.00
0.00
0.00
52,353.67
0.00
85,153.67
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
85,153.67
UNENCUMBERED
BALANCE
2,211. 15
1,960.00
6,210.00
6,633.54
11,511.18
235,838.99
83,990.00
348,354.86
0.00
8,250.64
7,643.68
15,894.32
0.00
0.00
0.00
0.00
364,249.18
PAGE:
11
%- OF
BUDGET
REMAINING
81. 89
3.86
75.00
66.34
71.94
75.38
95.99
71.37
0.00
82.51
95.55
88.30
0.00
0.00
0.00
0.00
71.97
1-17-20.0.8 0.6:34
0.1 -GENERAL FUND
MARINA
DEPARTMENTAL EXPENDITURES
PURCHASED/CONTRACT SERV
0.1-51630.-20.0. CONTRACTUAL
0.1-51630.-20.6 MAINTENANCE
0.1-51630.-20.9 PROPERTY MAINTENENCE
0.1-51630.-241 MARINA FUEL MANAGEMENT
0.1-51630.-242 MARINE FUEL STATION OVERH
TOTAL PURCHASED/CONTRACT SERV
SUPPLIES
0.1-51630.-325 ELECTRIC COSTS
0.1-51630.-326 WATER COSTS
0.1-51630.-327 GASOLINE & DEISEL FUEL PU
0.1-51630.-328 MARINA DIESEL SALES TAX
TOTAL SUPPLIES
CAPITAL OUTLAY
0.1-51630.-40.0. EQUIPMENT COSTS
TOTAL CAPITAL OUTLAY
TOTAL MARINA
BOYNTON BEACH CF
REVENUE & EXPENDITURES REPOR'. .AUDITED)
AS OF: JANUARY 31ST, ~DD8
ORIGINAL
BUDGET
775
0.
49,125
125,0.0.0.
40.,90.0.
215,80.0.
20.,0.0.0.
3,0.0.0.
1,140.,0.0.0.
19,20.0.
1,182,20.0.
12,0.0.0.
12,0.0.0.
1,410.,0.0.0.
AMENDED
BUDGET
775
0.
49,125
125,0.0.0.
40.,90.0.
215,80.0.
20.,0.0.0.
3,0.0.0.
1,140.,0.0.0.
19,20.0.
1,182,20.0.
12,0.0.0.
12,0.0.0.
1,410.,0.0.0
MONTHLY
ACTIVITY
0..0.0.
0.0.0.
0..0.0.
9,658.33
3,551.89
13,210..22
499.53
0..0.0.
58,890..70.
1,269.33
60.,659.56
0..0.0.
0..0.0.
73,869.78
YEAR-TO-DATE
BALANCE
0..0.0.
0..0.0.
2,926.49
38,633.32
11,360..49
52,920.30.
2,943.90.
140..18
190.,445.0.1
4,272.32
197,80.1.41
0..0.0.
0..0.0.
250.,721. 71
TOTAL
ENCUMBERED
0..00.
0..0.0.
0..0.0.
0..00.
0..0.0.
0..0.0.
0..00
0..00.
0.0.0.
0..0.0.
0..00.
0..0.0.
0..0.0.
0..0.0.
UNENCUMBERED
BALANCE
775.0.0.
0..0.0.
46,198.51
86,366.68
29,539.51
162,879.70.
17,0.56.10
2,859.82
949,554.99
14,927.68
984,398.59
12,0.0.0..0.0.
12,00.0..0.0.
1,159,278.29
PAGE:
12
% OF
BUDGET
REMAINING
10.0..0.0.
0..0.0.
94.0.4
69.0.9
72.22
75.48
85.28
95.33
83.29
77.75
83.27
10.0..0.0.
10.0.0.0.
82.22
1-17-2008 06:3<
01 -GENERAL FUND
COMMUNICATIONS & TECHNOLO
DEPARTMENTAL EXPENDITURES
PURCHASED/CONTRACT SERV
01-51650-200 CONTRACTUAL EXPENSE
TOTAL PURCHASED/CONTRACT SERV
SUPPLIES
01-51650-330 TELEPHONE LINES
01-51650-335 T-1 COMMUNICATION LINE
01-51650-340 CELLULAR PHONES
01-51650-345 WEB SITE
01-51650-350 WI-FI ANNUAL COST
TOTAL SUPPLIES
CAPITAL OUTLAY
01-51650-400 EQUIPMENT COSTS
TOTAL CAPITAL OUTLAY
TOTAL COMMUNICATIONS & TECHNOLO
ORIGINAL
BUDGET
1,500
1,500
7,800
o
7,440
o
44,000
59,240
60,740
BOYNTON BEACH C'
REVENUE & EXPENDITURES REPOR'. .<AUDITED)
AS OF: JANUARY 31ST, 2008
AMENDED
BUDGET
1,500
1,500
7,800
o
7,440
o
44,000
59,240
o
o
60,740
MONTHLY YEAR-TO-DATE
ACTIVITY BALANCE
0.00 1,200.00
0.00 1,200.00
105.00
0.00
0.00
0.00
11,891.09
11,996.09
o
o
0.00
0.00
11,996.09
2,074.54
0.00
1,469.44
0.00
11,891.09
15,435.07
0.00
0.00
16,635.07
PAGE:
13
% OF
TOTAL UNENCUMBERED BUDGET
ENCUMBERED BALANCE REMAINING
0.00 300.00 20.00
0.00 300.00 20.00
0.00
0.00
4,320.00
0.00
34,700.00
39,020.00
0.00
0.00
39,020.00
5,725.46
0.00
1,650.56
0.00
2,591. 09)
4,784.93
0.00
0.00
5,084.93
73.40
0.00
22.18
0.00
5.89-
8.08
0.00
0.00
8.37
1-17-2008 06:3 BOYNTON BEACH C PAGE: 14
REVENUE & EXPENDITURES REPOh NAUDITED)
AS OF: JANUARY 31ST, 2008
01 - GENERAL FUND
SOFTWARE & TECHNOLOGY
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51680-200 CONTRACTUAL EXPENSE 2,500 2,500 0.00 0.00 0.00 2,500.00 100.00
01-51680-210 IT SUPPORT 25,000 25,000 0.00 4,500.00 0.00 20,500.00 82.00
01-51680-211 COMPUTER SOFTWARE LICENSE 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00
01-51680-212 ACCOUNTING LIC & SUPPORT 6,500 6,500 0.00 0.00 0.00 6,500.00 100.00
TOTAL PURCHASED/CONTRACT SERV 35,000 35,000 0.00 4,500.00 0.00 30,500.00 87.14
CAPITAL OUTLAY
01-51680-400 EQUIPMENT COSTS 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00
TOTAL CAPITAL OUTLAY 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00
DEPRECIATION & AMORT
01-51680-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL SOFTWARE & TECHNOLOGY 40,000 40,000 0.00 4,500.00 0.00 35,500.00 88.75
1-17-2008 06:3 BOYNTON BEACH r PAGE: 15
REVENUE & EXPENDITURES REPO~ NAUDITED)
AS OF: JANUARY 31ST, 2008
01 -GENERAL FUND
CONTINGENCY
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51990-200 CONTRACTUAL EXPENSE 274,000 274,000 0.00 0.00 0.00 274,000.00 100.00
TOTAL PURCHASED/CONTRACT SERV 274,000 274,000 0.00 0.00 0.00 274,000.00 100.00
TOTAL CONTINGENCY 274,000 274,000 0.00 0.00 0.00 274,000.00 100.00
1-17-2008 06:3 BOYNTON BEACH (' PAGE: 16
REVENUE & EXPENDITURES REPOR "'lAUDITED)
AS OF: JANUARY 31ST, 2008
01 -GENERAL FUND
POLICE
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PERSONNEL SERVICES
01-53120-100 PERSONNEL SERVICES 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL PERSONNEL SERVICES 0 0 0.00 0.00 0.00 0.00 0.00
PURCHASED/CONTRACT SERV
01-53120-200 CONTRACTUAL EXPENSE 388,794 388,794 0.00 0.00 0.00 388,794.00 100.00
TOTAL PURCHASED/CONTRACT SERV 388,794 388,794 0.00 0.00 0.00 388,794.00 100.00
SUPPLIES
01-53120-320 POLICE SUPPLIES 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL SUPPLIES 0 0 0.00 0.00 0.00 0.00 0.00
CAPITAL OUTLAY
01-53120-400 EQUIPMENT COSTS 45,445 45,445 45,455.00 45,455.00 0.00 10.00) 0.02-
01-53120-410 POLICE CRUISER 139,614 139,614 139,614.00 139,614.00 0.00 0.00 0.00
TOTAL CAPITAL OUTLAY 185,059 185,059 185,069.00 185,069.00 0.00 10.00) 0.01-
DEPRECIATION & AMORT
01-53120-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL POLICE 573,853 573,853 185,069.00 185,069.00 0.00 388,784.00 67.75
1-17-2008 06: 3' BOYNTON BEACH C' PAGE: 17
REVENUE & EXPENDITURES REPOR ,IAUDITED)
AS OF: JANUARY 31ST, 2008
01 - GENERAL FUND
TRANSPORTATION
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-55110-200 CONTRACTUAL EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00
01-55110-230 TROLLEY OPERATIONS 514,800 514,800 39,455.00 141,212.50 0.00 373,587.50 72.57
01-55110-231 TROLEY MARKETING COSTS 1,200 1,200 0.00 1,199.51 0.00 0.49 0.04
01-55110-232 TROLLEY SYSTEMS COSTS 5,000 5,000 0.00 2,345.00 0.00 2,655.00 53.10
TOTAL PURCHASED/CONTRACT SERV 521,000 521,000 39,455.00 144,757.01 0.00 376,242.99 72.22
TOTAL TRANSPORTATION 521,000 521,000 39,455.00 144,757.01 0.00 376,242.99 72.22
1-17-2008 06 :3' BOYNTON BEACH C PAGE: 18
REVENUE & EXPENDITURES REPOR ~AUDITED)
AS OF: JANUARY 31ST, ,,008
01 - GENERAL FUND
INCENTIVES & GRANTS
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-57200-200 CONTRACTUAL EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00
01-57200-236 PBC - DEVELOP. REGIONS GR 50,000 50,000 0.00 0.00 0.00 50,000.00 100.00
01-57200-237 RESIDENTIAL IMPROVEMENT P 300,000 300,000 0.00 0.00 0.00 300,000.00 100.00
01-57200-238 COMMERCIAL IMPROVEMENT PR 75,000 75,000 4,605.14 12,105.14 0.00 62,894.86 83.86
01-57200-239 ECONOMIC DEVELOPMENT PROG 0 0 0.00 0.00 0.00 0.00 0.00
01-57200-240 DIRECT INCENTIVE PROGRAM 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL PURCHASED/CONTRACT SERV 425,000 425,000 4,605.14 12,105.14 0.00 412,894.86 97.15
TOTAL INCENTIVES & GRANTS 425,000 425,000 4,605.14 12,105.14 0.00 412,894.86 97.15
1-17-2008 06:31
01 -GENERAL FUND
MARKETING
DEPARTMENTAL EXPENDITURES
PERSONNEL SERVICES
01-57400-100 PERSONNEL SERVICES
TOTAL PERSONNEL SERVICES
PURCHASED/CONTRACT SERV
01-57400-200 CONTRACTUAL EXPENSE
01-57400-203 MISCELLANEOUS
01-57400-216 ADVERTISING & PUBLIC NOTI
01-57400-217 NEWS LETTER
01-57400-218 ANNUAL REPORT & BROCHURES
01-57400-219 FESTIVALS & EVENTS
01-57400-220 PROMO & BUSINESS TRAVEL
01-57400-221 CRA MEETINGS & EVENTS
01-57400-225 ASSOC. MEETINGS & SEMINAR
01-57400-226 MEMBERSHIP DUES
01-57400-227 DELIVERY SERVICES
01-57400-229 CAREER DEVELOPMENT
01-57400-236 PHOTOGRAPHY / VIDEOS
TOTAL PURCHASED/CONTRACT SERV
SUPPLIES
01-57400-300 OFFICE EXPENSE
01-57400-310 OFFICE SUPPLIES
01-57400-355 SUBSCRIPTIONS
01-57400-360 BOOKS & PUBLICATIONS
01-57400-365 OFFICE PRINTING COSTS
TOTAL SUPPLIES
DEPRECIATION & AMORT
01-57400-610 DEPRECIATION
TOTAL DEPRECIATION & AMORT
TOTAL MARKETING
ORIGINAL
BUDGET
82,080
82,080
55,200
o
46,695
14, 000
48,000
16,980
o
o
9,500
1,150
1,400
o
9,000
201,925
o
3,500
o
400
5,000
8,900
292,905
BOYNTON BEACH C'
REVENUE & EXPENDITURES REPOR ~AUDITED)
AS OF: JANUARY 31ST, ~008
AMENDED
BUDGET
82,080
82,080
55,200
o
46,695
14,000
48,000
16,980
o
o
9,500
1,150
1,400
o
9,000
201,925
o
3,500
o
400
5,000
8,900
o
o
292,905
MONTHLY
ACTIVITY
3,150.77
3,150.77
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
225.74)
0.00
0.00
0.00
0.00
225.74)
0.00
1,646.64
0.00
0.00
0.00
1,646.64
o
o
4,571.67
0.00
0.00
YEAR-TO-DATE
BALANCE
22,808.63
22,808.63
2,311.50
0.00
11,321.18
0.00
4,475.49
30,825.00
0.00
0.00
1,785.55
236.50
97.97
0.00
825.00
51,878.19
0.00
3,469.63
0.00
0.00
2,354.73
5,824.36
0.00
0.00
80,511.18
TOTAL
ENCUMBERED
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
UNENCUMBERED
BALANCE
59,271.37
59,271.37
52,888.50
0.00
35,373.82
14,000.00
43,524.51
13,845.00)
0.00
0.00
7,714.45
913.50
1,302.03
0.00
8,175.00
150,046.81
0.00
30.37
0.00
400.00
2,645.27
3,075.64
0.00
0.00
212,393.82
PAGE:
19
% OF
BUDGET
REMAINING
72.21
72 .21
95.81
0.00
75.76
100.00
90.68
81. 54-
0.00
0.00
81. 20
79.43
93.00
0.00
90.83
74.31
0.00
0.87
0.00
100.00
52.91
34.56
0.00
0.00
72 .51
1-17-2008 06:3
01 -GENERAL FUND
SPECIAL EVENTS
DEPARTMENTAL EXPENDITURES
PERSONNEL SERVICES
01-57500-100 PERSONNEL SERVICES
TOTAL PERSONNEL SERVICES
PURCHASED/CONTRACT SERV
01-57500-216 ADVERTISING & PUBLIC NOTI
01-57500-219 FESTIVALS & EVENTS
01-57500-220 PROMO & BUSINESS TRAVEL
01-57500-222 BUSINESS PROGRAMING
01-57500-223 BUSINESS GENESIS
01-57500-225 ASSOC. MEETINGS & SEMINAR
01-57500-226 MEMBERSHIP DUES
01-57500-227 DELIVERY SERVICES
TOTAL PURCHASED/CONTRACT SERV
SUPPLIES
01-57500-300 OFFICE EXPENSE
01-57500-310 OFFICE SUPPLIES
01-57500-355 SUBSCRIPTIONS
01-57500-360 BOOKS & PUBLICATIONS
01-57500-365 OFFICE PRINTING COSTS
TOTAL SUPPLIES
CAPITAL OUTLAY
01-57500-400 EQUIPMENT COSTS
TOTAL CAPITAL OUTLAY
DEPRECIATION & AMORT
01-57500-610 DEPRECIATION
TOTAL DEPRECIATION & AMORT
TOTAL SPECIAL EVENTS
ORIGINAL
BUDGET
78,840
78,840
o
352,000
o
o
o
9,500
1,325
500
363,325
o
3,500
250
300
500
4,550
5,000
5,000
451,715
BOYNTON BEACH C
REVENUE & EXPENDITURES REPOK AAUDITED)
AS OF: JANUARY 31ST, 2008
AMENDED
BUDGET
78,840
78,840
o
352,000
o
o
o
9,500
1,325
500
363,325
o
3,500
250
300
500
4,550
5,000
5,000
o
o
451,715
MONTHLY
ACTIVITY
3,026.15
3,026.15
0.00
20,986.00
0.00
0.00
0.00
0.00
0.00
0.00
20,986.00
0.00
72.85
0.00
0.00
0.00
72.85
0.00
0.00
o
o
0.00
0.00
24,085.00
YEAR-TO-DATE
BALANCE
21,665.20
21,665.20
0.00
145,446.44
0.00
0.00
0.00
95.24
275.00
120.28
145,936.96
0.00
837.74
0.00
63.89
0.00
901.63
658.81
658.81
0.00
0.00
169,162.60
TOTAL
ENCUMBERED
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
UNENCUMBERED
BALANCE
57,174.80
57,174.80
0.00
206,553.56
0.00
0.00
0.00
9,404.76
1,050.00
379.72
217,388.04
0.00
2,662.26
250.00
236.11
500.00
3,648.37
4,341.19
4,341.19
0.00
0.00
282,552.40
PAGE:
20
% OF
BUDGET
REMAINING
72.52
72.52
0.00
58.68
0.00
0.00
0.00
99.00
79.25
75.94
59.83
0.00
76.06
100.00
78.70
100.00
80.18
86.82
86.82
0.00
0.00
62.55
1-17-2008 06:: BOYNTON BEACH PAGE: 21
REVENUE & EXPENDITURES REPOl JNAUDITED)
AS OF: JANUARY 31ST, 2008
01 -GENERAL FUND
SIGNAGE PROGRAM
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-58000-200 CONTRACTUAL EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00
01-58000-224 SIGN CONSTRUCTION 85,000 85,000 0.00 0.00 0.00 85,000.00 100.00
TOTAL PURCHASED/CONTRACT SERV 85,000 85,000 0.00 0.00 0.00 85,000.00 100.00
TOTAL SIGNAGE PROGRAM 85,000 85,000 0.00 0.00 0.00 85,000.00 100.00
1-17-2008 06:3
01 -GENERAL FUND
HEART OF BOYNTON
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
BOYNTON BEACH \
REVENUE & EXPENDITURES REPOl NAUDITED)
AS OF: JANUARY 31ST, 2008
PAGE:
22
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-58200-200 CONTRACTUAL EXPENSE
01-58200-232 NON PHASE I PROPERTY PURC
01-58200-233 TWN SQ PROJ - HS REHAB
01-58200-234 TRASH SYSTEM
01-58200-235 SAVAGE CREATURES
TOTAL PURCHASED/CONTRACT SERV
DEPRECIATION & AMORT
01-58200-610 DEPRECIATION
TOTAL DEPRECIATION & AMORT
TOTAL
ENCUMBERED
0 0 0.00 0.00 0.00 0.00 0.00
0 0 0.00 0.00 0.00 0.00 0.00
0 0 0.00 0.00 0.00 0.00 0.00
0 0 0.00 0.00 0.00 0.00 0.00
0 0 0.00 0.00 0.00 0.00 0.00
0 0 0.00 0.00 0.00 0.00 0.00
0 0 0.00 0.00 0.00 0.00 0.00
0 0 0.00 0.00 0.00 0.00 0.00
0 0 0.00 0.00 0.00 0.00 0.00
TOTAL HEART OF BOYNTON
1-17-2008 06:3 BOYNTON BEACH (' PAGE: 23
REVENUE & EXPENDITURES REPOR ~IjAUDITED)
AS OF: JANUARY 31ST. 2008
01 -GENERAL FUND
DEVELOPMENT PROJECTS
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED / CONTRACT SERV
01-58300-200 CONTRACTUAL EXPENSE 1,103,114 1,103,114 0.00 1,000.00 0.00 1,102,114.00 99.91
01-58300-201 PROPERTY TAXES 350,000 350,000 0.00 15,809.86 0.00 334,190.14 95.48
TOTAL PURCHASED/CONTRACT SERV 1,453,114 1,453,114 0.00 16,809.86 0.00 1,436,304.14 98.84
INTERFUND/INTERDEPTMENTL
01-58300-500 GAIN/LOSS OF SALE OF PROP 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL INTERFUND/INTERDEPTMENTL 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEVELOPMENT PROJECTS 1,453,114 1,453,114 0.00 16,809.86 0.00 1,436,304.14 98.84
1-17-2008 06:31
01 -GENERAL FUND
EMPLOYEE BEBEFITS
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
PERSONNEL SERVICES
01-59000-150 COMPENSATED TIME OFF
01-59000-151 F.I.C.A.
01-59000-152 MEDICARE
01-59000-153 RETIREMENT PLAN 401(a)
01-59000-154 WORKERS COMP INSURANCE
01-59000-155 HEALTH INSURANCE
01-59000-156 DENTAL INSURANCE
01-59000-157 LIFE INSURANCE
01-59000-158 SHORT I LONG TERM DISABIL
01-59000-159 UNEMPLOYMENT CHARGES
01-59000-160 VISION INSURANCE
01-59000-161 COMPENSATED ABSENSES
TOTAL PERSONNEL SERVICES
o
43,379
10,145
76,927
7,063
51,965
3,955
2,580
3,392
5,000
573
o
204,979
TOTAL EMPLOYEE BEBEFITS
204,979
BOYNTON BEACH C
REVENUE & EXPENDITURES REPOR ~AUDITED)
AS OF: JANUARY 31ST, ~008
AMENDED
BUDGET
o
43,379
10,145
76,927
7,063
51,965
3,955
2,580
3,392
5,000
573
o
204,979
204,979
MONTHLY
ACTIVITY
0.00
1,583.10
370.24
0.00
0.00
3,574.43
281.77
216.91
256.08
0.00
43.40
0.00
6,325.93
6,325.93
YEAR-TO-DATE
BALANCE
0.00
11,052.33
1,099.55
7,483.00
0.00
15,005.25
1,033.15
1,263.80
512.16
0.00
160.58
0.00
37,609.82
37,609.82
TOTAL
ENCUMBERED
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
UNENCUMBERED
BALANCE
0.00
32,326.67
9,045.45
69,444.00
7,063.00
36,959.75
2,921.85
1,316.20
2,879.84
5,000.00
412.42
0.00
167,369.18
167,369.18
PAGE:
24
% OF
BUDGET
REMAINING
0.00
74.52
89.16
90.27
100.00
71.12
73.88
51.02
84.90
100.00
71.98
0.00
81.65
81. 65
1-17-2008 06:3
01 -GENERAL FUND
DEBT SERVICE
DEPARTMENTAL EXPENDITURES
DEBT SERVICE
01-59800-810 LOAN PRINCIPAL
01-59800-811 BOND #1 PRINCIPAL
01-59800-812 BOND #2 PRINCIPAL
01-59800-820 LOAN INTEREST
01-59800-821 BOND #1 INTEREST
01-59800-822 BOND #2 INTEREST
01-59800-830 FINANCIAL AGENT FEES
01-59800-840 BONDING INSURANCE COSTS
TOTAL DEBT SERVICE
BOYNTON BEACH C
REVENUE & EXPENDITURES REPOK ~AUDITED)
AS OF: JANUARY 31ST, 2008
ORIGINAL
BUDGET
664,588
615,000
245,000
192,953
771,612
576,335
500
o
3,065,988
OTHER FINANCING USES
01-59800-990 TRANS OUT TO DEBT SERVICE 0
TOTAL OTHER FINANCING USES 0
TOTAL DEBT SERVICE 3,065,988
AMENDED
BUDGET
664,588
615,000
245,000
192,953
771,612
576,335
500
o
3,065,988
3,065,988
MONTHLY
ACTIVITY
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
o
o
0.00
0.00
0.00
YEAR-TO-DATE
BALANCE
117,491. 97
0.00
0.00
20,683.80
0.00
0.00
0.00
0.00
138,175.77
0.00
0.00
138,175.77
TOTAL
ENCUMBERED
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE:
25
%- OF
UNENCUMBERED BUDGET
BALANCE REMAINING
547,096.03
615,000.00
245,000.00
172,269.20
771,612.00
576,335.00
500.00
0.00
2,927,812.23
0.00
0.00
2,927,812.23
82.32
100.00
100.00
89.28
100.00
100.00
100.00
0.00
95.49
0.00
0.00
95.49
1-17-2008 06::
01 -GENERAL FUND
TRANSFER OUT
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
OTHER FINANCING USES
01-59999-990 INTERFUND TRANSFERS OUT
01-59999-991 TRANSFER OUT-POLICE EXPEN
TOTAL OTHER FINANCING USES
BOYNTON BEACH
REVENUE & EXPENDITURES REPOl JNAUDITED}
AS OF: JANUARY 31ST, 2008
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
0.00
0.00
0.00
TOTAL
ENCUMBERED
PAGE:
26
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
0.00
0.00
o
o
o
o
o
o
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
TOTAL TRANSFER OUT
0.00
o
o
0.00
0.00
TOTAL EXPENDITURES
11,263,200
81.70
REVENUES OVER! (UNDER) EXPENDITURES
11,263,200
420,397.50
1,509,644.95
o
o
374,444.56) 8,588,249.61
551,071. 76
9,202,483.29
551,071.76) ( 8,037,177.85)
0.00
~~Y~T2~ C tV~
East Side-West Side-Seas'lde Rena'lssance
eRA BOARD MEETING OF: February 12,2008
I x I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Approval of Board Members to Travel to the 2008 Council of Development Finance
Agencies (CDFA) Spring Meeting
SUMMARY: On Apri129 - May1, 2008 the CDFA will hold its annual Spring Conference in St.
Louis, Missouri, Chair Jerry Taylor and Board Members Marlene Ross, Ron Weiland and Woodrow
Hay have responded that they would like to attend.
This year's conference will focus on three areas of economic growth; local, state and federal, and will
highlight the various approaches to development finance at each level. Through workshops, tours,
extensive networking opportunities and a Practitioner's Showcase, attendees will be provided with
overarching strategies for catalyzing local, state and federal financing. An agenda is attached.
Fiscal impact, which is listed below includes registration, hotel and an estimated flight cost.
FISCAL IMPACT: Approximately $1,450 per traveler from Budgeted Line Item 51010-225.
RECOMMENDATIONS: Approve Board Members Taylor, Ross, Weiland and Hay to attend the
2008 CDF A Spring Meeting.
~ A~ Pz.cfK
Lisa Bright
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY
2007 - 2008 Board Meetings\08 02 12 CRA Board Meeting February\CDFA.doc
CVFA - Annual Development Finance Summit - Program
Page 1 of7
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Program & Speakers...
No matter your position in the development finance industry, you play an important role in fostering economic
growth. But, we all contribute in different ways, so the 2008 Annual Summit will offer three focus areas -local,
state, and federal- highlighting the various approaches to development finance at each level. You can stick with
one focus area or mix-and-match; either way, you'll learn about what's happening in development finance today.
Complimenting these focus areas will be workshops, tours, extensive networking opportunities and the prestigious
Practitioner's Showcase. Finally, the general sessions will pull it all together and provide overarching strategies
for catalyzing local, state & federal financing resources.
MONDAY, APRIL 28
6:30 pm
CDFA Board of Directors Dinner
TUESDAY, APRIL 29
10:00 am - 7:00 pm
Registration Open
8:00 am -12:00 pm
CDFA Board of Directors Meeting
1 :00 - 5:00 pm
Pre-Summit Workshop: Introduction to Development Finance**
Development finance encompasses a variety of programs and tools. This Pre-
Summit Workshop will explore financing development through a comprehensive
approach starting with the bedrock of finance (bonds), moving through the tried and
true programs (TIF, tax credits) and winding down with the innovative solutions of
tomorrow (alternative equity, seed and venture funds). Seasoned professionals and
novices alike will develop a thorough understanding of the development finance
industry and receive the necessary foundation for utilizing the myriad of financing
options available today.
**This is a special fee event; check the registration page for pricing information.
1:00 - 5:00 pm
Pre-Summit Workshop: Advanced Tax Increment Finance**
Tax increment finance (TIF) continues to grow in use and application. Using TIF can
be a complex and sophisticated process and those development finance
http://www.cdfa.net!cdfa/ cdfaweb.nsflpages/adfsprogram.html
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ClJ.t<A - AnnuaIIJevelopment Finance Summit - Program
Page 2 of7
professional that are able to fully grasp the intricate aspects of this tool will garner
greater long-term success. This Pre-Summit Workshop will focus on the core
elements of a TIF deal by walking participants through the complicated financing and
due diligence process. Participants will learn through case study examples about the
process, players and the necessary documents required for executing a TIF project.
Attendees should have a solid understanding of how TIF works prior to attending.
**This is a special fee event; check the registration page for pricing information.
6:00 - 8:00 pm
Annual Summit Kick-Off Celebration
The Hyatt Regency's Grand Hall will set the stage for the kickoff of the 2008 Annual
Development Finance Summit. Join CDFA for a night of food, drink and music as we
celebrate with our friends in amazing St. Louis!
WEDNESDAY, APRIL 30
7:00 am - 5:00 pm
Registration Open
7:00 - 9:00 am
Continental Breakfast
8:15 - 9:30 am
Summit Opening Session:
Market Forecast: Municipal Finance Under the Microscope
Municipal markets flux daily as investments ebb and flow based on changes in the
political, social and economic landscapes. Recently, we've witnessed market forces
at play with sub-prime lending upheaval, ongoing disclosure discussions and daily
rating agency announcements. The Summit Opening Session will bring these
challenges to bear and explore the elements shaping the markets for 2008 and
beyond. A CDFA panel of experts will put municipal finance under the microscope to
commence the 2008 Annual Development Finance Summit.
Confirmed Speakers:
9:45 - 10:45 am
Concurrent Sessions (3)
A. Initiating Innovative Community Lending Programs
Community lending programs provide resources to a wide variety of users. Many successful programs
exist to spur housing, business, and neighborhood reinvestment. Learn more about how your agency can
initiate some of the innovative community lending programs that are reshaping cities across the country.
Confirmed Speakers:
Mary Tingerthal
President, Capital Markets Companies
Housing Partnership Network
Bill Grinker
President
Seedco Financial Services, Inc
B. Examining National Volume Cap Trends
Volume cap use and appropriation has continued to present challenges to states throughout the country.
As bond financing has surged over the past few years, the trends in volume cap have also changed,
leaving a landscape of varying outcomes. Come find out how your state compares during this informative
and eye-opening session.
Confirmed Speakers:
C. Utilizing Synthetic and Operating Lease Structures
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CDFA - Annual Development Finance Summit - Program
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Synthetic and operating lease structures have become very popular over the past few years. These
complex tools can improve the end-user's return on equity, return on assets, and debt coverage ratios. A
panel of experts will discuss how your issuing agency can incorporate these strategies into its financing
portfolio.
Confirmed Speakers:
Tim Long
Managing Director
Robert W. Baird
David Rogers
Partner
Argus Growth Consultants
11:00 am -12:00 pm
Concurrent Sessions (3)
A. Developing a Sound Revolving Loan Fund (RLF)
Revolving loan funds (RLFs) are a valuable financing program that can serve a niche industry or attract
investment and development in targeted areas. Learn how your community can develop an RLF program
or improve its existing loan programs during this informative session.
Confirmed Speakers:
B. Utilizing State Sponsored Seed and Venture Fund Programs
Over 25 states have a state sponsored seed & venture fund program. How does your state compare?
Learn more about this emerging area of development finance and how you can utilize this important 21 st
century financing tool.
Confirmed Speakers:
Gene Eagle
Vice President
Arkansas Development Finance Authority
Sue Strommer
President & CEO
National Association of Seed & Venture Funds
C. Coming Up with the Money - Federal Reserve of St. Louis Self Study
The St. Louis Federal Reserve has developed a unique and successful self-study guide to help community
leaders with their development finance efforts. Users of this guide will be able to familiarize themselves
with the basics of the sort of financing that is crucial for getting needed development projects off the
ground. These are the types of projects that might not be undertaken without broad community support,
such as affordable housing or downtown revitalization.
Confirmed Speakers:
Matthew Ashby
Senior Specialist
Federal Reserve Bank of St. Louis
12:00 - 2:15 pm
Annual Luncheon & 2007 Practitioner's Showcase:
Practitioner's Showcase: Best Revolving Loan Fund (RLF) Program
The signature event of the Annual Summit will feature the 2008 Practitioner's
Showcase: Best Revolving Loan Fund (RLF) Program. The Practitioner's Showcase
is an interactive demonstration of the best financing programs in the country. Four
finalists from a large field of submissions will present their program and make the
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1/16/2008
CDF A - Annual Development Finance Summit - Program
Page 4 of?
case for why they have the best RLF Program in the country. A live audience vote
will decide the winner! Join CDFA as we celebrate the best in development finance
at the 2008 Practitioner's Showcase: Best RLF Program.
2:30 - 3:45 pm
Concurrent Sessions (3)
A. Generating Unique Urban Redevelopment Opportunities
Urban redevelopment is a particular focus of hundreds of communities throughout the country. Finding
new ways to generate ideas for revitalization and reinvestment can be challenging, and there are often
multiple barriers to financing these projects. But don't despair! Unique opportunities require unique
financing solutions, and this session will highlight successful programs that can be easily duplicated in
your community.
Confirmed Speakers:
Diane Burnette
Executive Director
Main Street Corridor Development Corporation - MainCor
Richard Frampton
Vice President
Illinois Finance Authority
Ann Perry
Director of Development Finance
Missouri Department of Economic Development
B. Going Green with Financing
Today it is all about going green, and this holds true for the development finance industry. Across the
country, green development is taking shape using some of the most traditional financing solutions for non-
traditional projects. Learn more about how your community can use new green financing tools to support
development and encourage new investment.
Confirmed Speakers:
Douglas E. Lamb
Counsel
Hunton & Williams LLP
C. Exploring Federal Home Loan Bank & Fannie Mae Financing Programs
The FHLB and Fannie Mae offer a variety of services and programs to the development finance industry.
These offerings have evolved over the past several years and now provide options for financing that did
not previously exist. Join the FHLB and Fannie Mae to learn how your community can benefit from these
services and programs.
Confirmed Speakers:
Maria Day-Marshall
Senior Business Manager
Fannie Mae
4:00 - 5:00 pm
Concurrent Sessions (3)
A. Marketing a Successful Industrial Development Bond (IDB) Program
lOB programs continue to flourish throughout the country as a source for low-cost pubic financing for small
to medium sized manufacturers. Truly successful lOB programs rest on a single strength: good marketing.
Join your fellow issuers as CDFA explores the best practices in marketing a successful lOB program.
http://www.cdfa.net/cdfa/ cdfaweb.nsf/pages/adfsprogram.html
1/16/2008
CDF A - Annual Development Finance Summit - Program
Page 5 of7
Confirmed Speakers:
Bob Lind
Director, Business Finance
City of Minneapolis, Department of Community Planning & Economic Development
William H. Reisner
Vice President
Stern Brothers & Co.
B. Financing Solutions for First Ring Suburbs
Encouraging new development, redevelopment and investment in first ring suburbs can be challenging.
However, some first ring suburbs are tackling these obstacles head-on with financing strategies that
promote change and community advancement. These strategies and more will be highlighted in this
important and informative session.
Confirmed Speakers:
Dean Katerndahl
Director, Government Innovations Forum
Mid-America Regional Council
C. Engaging New Markets Tax Credits (NMTC)
The NMTC program continues to provide resources for communities throughout the country. What is your
community doing to attract new markets investment? Learn from the tax credit industry's leading
professionals as we explore ways to engage New Markets Tax Credits in your community.
Confirmed Speakers:
Tina Neal
Senior Vice President
Ferris, Baker Watts, Inc.
Daniel Skomal
Partner
Kutak Rock LLP
6:30 pm
Network Dining Adventures
Amazing St. Louis has so much to offer, including great restaurants. Join your
colleagues from around the country for a night on the town. Network dining
adventures are an opportunity for groups of Annual Summit attendees to join
together for dinner and good times. Dinner is Dutch treat and CDFA will provide a
number of dining options for you to choose. Sign up at registration and join a group
of attendees to enjoy all that S1. Louis has to offer.
THURSDAY, MAY 1
7:00 am -12:00 pm
Registration Open
7:00 - 9:00 am
Continental Breakfast
8:30 - 10:00 am
Concurrent Sessions (3)
A. Exploring Missouri's Tax Increment Finance (TIF) Success
Missouri has been a leader in the use, advocacy and evolution of tax increment financing. The Missouri
Economic Development Financing Association (MEDFA) has been at the forefront of this leadership by
helping to encourage legislative reform, program development and best practices. Join MEDFA as they
share the Missouri TIF story.
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CDF A - Annual Development Finance Summit - Program
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Confirmed Speakers:
B. Evaluating Public Private Partnership (P3) Deals
The toll road privatization debate continues to sizzle throughout the country. What is the long-term impact
of handing public assets over to private entities for management and upkeep, and how should
communities, states and infrastructure authorities evaluate the effectiveness of these partnerships? CDFA
will open up the P3 debate during this eye-opening session.
Confirmed Speakers:
John R. Schmidt
Partner
Mayer Brown LLP
C. Maximizing Federal Financing Options
A colorful palette of federal financing options is available to communities of every size. From HUD and
EDA to the USDA, the federal government has developed a significant number of programs and resources
to address many of the financing challenges that your community faces. Learn from the source of these
programs as representatives from the various federal agencies discuss how to maximize federal financing
options. .
Confirmed Speakers:
Robert E. Olson
Denver Regional Director
Economic Development Administration, U.S. Department of Commerce
Janie Dunning
Acting State Director
Missouri State Office, U.S. Department of Agriculture
10:15 -12:00 pm
Town Hall Session:
Stump the Finance Experts
Think you have a finance question that even the experts can't answer? Come
prepared as we close out the 2008 Annual Development Finance Summit by
"stumping the finance experts.' This interactive town hall discussion will feature
some of the industry's top finance minds who will be prepared to answer your
toughest questions relating to bonds, tax credits, TIF and all sorts of financing
topics. Can you stump the finance experts?
Confirmed Speakers:
1 :00 - 4:00 pm
St. Louis Economic Development Tours (Lunch Included)
Tour # 1: Tour 1: Downtown St. Louis Development Tour
Downtown St. Louis is booming with new development, new investment and a renewed spirit that is
helping to advance the city's urban center. Sound financing and creative partnerShips have helped support
this resurgence. Join representatives from St. Louis as CDFA explores the upcoming and rejuvenated
areas of downtown. The three-hour tour will include a boxed lunch/beverage, bus transportation, handouts,
site admissions and speakers along the route.
Tour # 2: Greater St. Louis Commerce & Industry Tour
Commerce and industry continues to flourish throughout the greater St. Louis metro area. A combination
of financing options at the various municipal levels is supporting this growth and new investment. Take
part in this exciting tour with leaders from the greater St. Louis area as we explore the commerce and
industry projects shaping the economy in the region. The three-hour tour will include a boxed
lunch/beverage, bus transportation, handouts, site admissions and speakers along the route.
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1/16/2008
CDF A - Annual Development Finance Summit - Program
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**Extra fee workshop - see registration page for prices and details
Note: This agenda is subject to change without notice
Council of Development Finance Agencies
815 Superior Avenue
Suite 1301
Cleveland, Ohio 44114
Phone: (216) 920-3073
Fax: (216) 771-4938
E-mail: info@cdfa.net
National Sponsors_
http://www.cdfa.net/cdfa/ cdfaweb.nsf/pages/adfsprogram.html
1/16/2008
~<tY~T2~ le
East Side-West S'lde-Seas'lde Rena'lssance
eRA BOARD MEETING OF: February 12,2008
I X I Consent Agenda
Old Business
New Business
Public Hearing
Other
SUBJECT: Approval of funding Chantale Jacques up to $50,000 from the Homebuyers Assistance
Program
SUMMARY: Chantale Jacques is purchasing a single family home located at 123 NE 11th Avenue.
Ms. Jacques's household income has been certified as low per HUD guidelines. Ms. Jacques will
execute the CRA HAP documents which require the CRA to share the equity in the event the property is
sold within 30 years of closing date.
FISCAL IMPACT: Up to $50,000 from Bond II proceeds. Line Item 58300-473.
RECOMMENDATIONS: Approve up to $50,000 from the Homebuyers Assistance Program
budget to assist Chantale Jacques in the purchase of 123 NE 11 th Avenue, subject to execution of the
eRA's mortgage, note and agreement at the closing ofthe property.
,~~
Ivian Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\0802 12 CRA Board Meeting February\Jacques HAP.doc
Request of SubSidy Needs
Non-Profit Organization: Delray Beach Community Development Corporation
Contact Person:
Paulette Seide
Phone: 561-266-9840
Buyer jBorrower (s): Chantale Jacques
Phone: 561-305-2416
Seller(s):
TED Center/Seabron Smith Phone: 561- 573-1202
Contract Date: 01/11/2008
Closing Date: 03/20/2008
Property Address: 123 NE 11th Ave. Boynton Beach, FL 33435
Year Built: 2007 Bedrooms: 4 Baths: 2,5 Garage: 1
Total Square Footage: 1774 sq.ft.
Under Air:
INCOME CERTIFICATION:
Date File Submitted:
01/30/2008
Number of Adult:
1
Number of Children: 2
Environmental Review Request: Submitted:
Mortgage Loan Application Packet: Attached:
Approval:
Delivered: ..j
Mortgage Term: 30 year fixed
Mortgage Interest Rate: 5,75%
Income Classification: Low Front End Ratio: 4/,0'-% Back End Ratios: 41,02%
Lender: HSBC
Loan Officer: Lashea Brooks
Phone No.: 561-856-3550
SALES INFORMATION:
Purchase Price: $
Non-Profit Developer Fee: $
Estimated Closing Cost: $
Discount: $
Prepaids: $
TOTAL: $
FINANCING INFORMATION:
1 ST Mortgage: (HSBC) $
Deposit: $
Cash Needed to Close: $
Subsidy 1: (Boynton Ship) $
Subsidy 2: (CRA) $
Subsidy 3: $
Other Credits $
TOTAL: $
225,000,00
110.000.00
0,00
65,000.00 (to be determined)
50,000.00
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
HOMEBUYER'S ASSISTANCE PROGRAM APPLICATION
Date:,;).- 4 -06
Applicant Information
Name/s of Applicant/s: t ~..
r hn WL-ta _ e, ~G-.<::-~
Address of Applicantls: I 'f-t1 \ I . .r
;;)..n q 'N. u J 10 ~f' I ~.~ .. r~ ~~ t ~l '33LJ-4-!f
Address of Property To Be Purchased (if known):
I d- ~ 1'4 ~ \ 1+t\ A-1.Ie.) :bCJ"Lfrn" ~ / C-c 3 iSY-.3S
Phone Number: (<;k I ~ ')
Cell Phone Number: 5 rc, I - .3os -;:)..4 J 0
E-mail:
Total Household Income (must be verified with income tax returns, social security
statement or pay stubs) $ 35 19CX1 I <:7..9-
How many members in your household? .3
Please list their names, ages and relationship to applicant:
Name: tRl~ C""APyanl) T(lC' ~Age: /1 Relationship: S<:Jv1.
Name: WI S no 1 t lhl-' -" ~ Age: 5 Relationship: c1"" cf'+~/
Name: Age: Relationship:
Name:
Age:
Relationship:
Name:
Age:
Relationship:
Has anyone in ~/ household owned a residence within the past year?
Yes_ No
CER TIFICA TION AND WAIVER OF PRIVACY:
5
The applicant(s) certify that all information presented in this application, and all of the
information furnished in support of the application, is given for the purpose of obtaining
funding under the Boynton Beach Community Redevelopment Agency Housing Assistance
Program, and it is true and complete to the best of the applicant(s) knowledge and belief.
The applicant(s) further certifies that he/she is aware of the fact that he/she can be
penalized by fine and/or imprisonment for making false statements or presenting false
information.
I hereby waive my rights under the privacy and confidentiality provision act, and give my
consent to the Boynton Beach Community Redevelopment Agency Housing Assistance
Program, its agents and contractors to examine any confidential information given herein. I
further grant permission, and authorize any bank, employer or other public or private
agency to disclose information deemed necessary to complete this application.
Applicants acknowledge by signing below, that they have read the Housing Assistance
Program Guidelines and hereby agree to the terms of the program.
Applicant:
~fkgifV'~~<-
C~V\ Y) iaJ e, :so.. C I U e~
Print Name:
Date: d\ Dll \ 0 ~ Date:
\ --y \
Applicant:
Signature
Print Name:
6
eRA BOARD MEETING OF: February 12,2008
I X I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Dumpster Art Program Update (Info. Only)
SUMMARY: At the eRA Board Meeting of December 12,2007, a $10,000 financial award was
pledged to the Arts Commission to administer the Dumpster Art Program.
This program is to beautify dumpsters within the CRA District through local artists painting them under
the guidance and direction of the City's Public Arts Administrator.
Attached, is a copy of the Arts Commission meeting minutes from January 22,2008 and the official
status of the program.
FISCAL IMPACT: $10,000 from FY06-07 rollover general fund revenue.
RECOMMENDATIONS: None.
I
f%
ku----
. a Bright
Executive Director
~ -y0-
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 0212 CRA Board Meeting February\Dumpster Art Update.doc
Meeting Minutes
Arts Commission
Boynton Beach, Florida
January 22, 2008
statement, mile markers to be set for responsibilities, methods of funding, resources
needed, targeted markets, communication plans, event plans and strategic
partnerships, as well as prioritizatlons and purposes. Ms. COles-Dobay wanted to
ensure the board was well-versed in City projects so that efforts were not duplicated.
She had intended to provide a short review of the projects at the beginning of the
workshop, but changes could be made to the schedule to focus on overall philosophy
and vision. There would be opportunities for the board to turn the projects into the
vision sought. The board discussed the manner in which to proceed at the workshop
and how to further the components of the Master Plan. Ms. Coles-Dobay noted two or
three workshops might be necessary,
Lori LaVerriere, Assistant City Manager, h~d attended a number of visioning sessions
and charrettes, and discussed the process involved.
The board agreed the first workshop should begin as a creative session to include the
program's vision, how the vision would be accomplished and discussion of the five-year
plan. The original agenda provided could be used for the second workshop. Ms. Arflin
provided an outline of the issues, which Ms. Coles-Dobay would reissue on January 23,
2007 for the board's comments.
The board agreed to add an agenda item providing for further discussion of the Master
Plan at every Arts Commission meeting.
x. Unfinished Business
Ms. Arflin suggested having Attorney Jacob Horowitz attend another Arts Commission
meeting to discuss the board's fiscal responsibilities. Chair Budano noted the board did
not have any jurisdiction to enact legislation and served as an advisory board. Actions
taken by the board required Commission approval. Ms. COles-Dobay suggested a
conference call be set up in her office wherein Ms. Arflin could speak directly to
Attorney Horowitz and report back to the board. Ms. Arflln agreed to the suggestion.
XI. NEW BUSINESS
A, City Commission's directive to implement the Dumpster Progam with CRA
funding
Ms. Coles-Dobay was required to present a program to the CRA and City Commission
for approval. The intent of the program, which was to be a CRA beautification project
implemented by the Arts Commission, was to beautify exposed dumpsters within the
CRA district by painting murals on the dumpsters. Ms. Coles-Do bay proVided a proposal
8
Meeting Minutes
Arts Commission
Boynton Beach, Florida
January 22, 2008
(a copy of which is in the City Clerk's office) for the board's review and to determine the
manner in which to proceed. The issue had been discussed previously by the board.
Ms. Coles-Dobay researched the issue and obtained as much information as possible in
order for the program to operate in the most efficient, cost effective way possible.
Public Works would be providing up to 20 dumpsters. The dumpsters ranged in size
from 2 cubic yards to 8 cubic yards. Ms. Coles-Dobay recommended dimensions of 3
cubic yards to 8 cubic yards/ to be treated either as a one-sided or four-sided dumpster.
"Postcards from Boynton" was a theme previously addressed. The program could also
provide opportunities for experienced or emerging artists. A call to artists could be
generated and a selection panel established.
Public Works would supply a bay at the Public Works fadlity where the dumpsters could
be painted, The recommendation of Ms. COles-Dobay was to supply the paint.
Discussion ensued as to whether the program should supply the paint, or if artists
should bring their own paint.
Chair Budano asked for a vote by the members in favor of the artists providing the
paint.
~
The vote was unanimous, The board agreed to provide the primer and clear coat.
Ms. Coles-Dobay noted it was necessary to determine whether one side or all four sides
of the dumpster would be painted, and the price with respect thereto. She had
previously obtained quotes from artists to supply paint and paint all four sides. The
quotes ranged from $700 to $1/200, Following CRA and City Commission approval, the
program woulcl run from April to September, the end of the fiscal year. The maximum
dumpsters to be painted this fiscal year would be 10 or 12, if two dumpsters were
painted per month. The board wanted to ensure the artists were selected through the
process already established.
The board discussed the fee to pay the public artists. The board decided on $500 and
would target at least 10 artists. It was also discussed that the board be absolved of
any responsibility for determining the location of the dumpsters to be painted. A lottery
system was suggested. Ms. COles-Dobay reiterated she would do a call to artists, and
recommended the selection panel select the artists and the location. The selection
panel could Initiate a lottery for the location,
9
Meeting Minutes
Arts Commission
Boynton Beach, Florida
January 22, 2008
Public Works would provide Ms. Coles-Dobay with a list of all of their unenclosed
dumpsters. The CRA would provide their territory.
The board discussed putting together a public announcement, wherein a lottery system
would be used.
Chair Budano requested a vote on the following: To make a public announcement
inviting everyone whose dumpster fit within certain criteria in the CRA district, (specifics
would be outlined) to submit an application for consideration, The application would
then be placed into a lottery drawn by the selection committee, and a maximum of ten
artists would be selected.
Vote
Four members in favor, one against (Ms. Ready dissenting).
Discussion ensued as to whether the art was considered temporary art or whether it
would be maintained. The board agreed to treat it as a one-time painting, with no
maintenance.
Chair Budano wanted to ensure the program would not become a budget line item for
the board going forward. The board had no intent on contributing to the program in
the future; the art was temporary, and there would be no maintenance involved. The
board concurred, and this would be clearly set forth in the proposal.
Ms. Coles-Dobay would make the revisions to the proposal for the board's approval.
Adjournment
There being no further business to discuss, the meeting properly adjourned at 9: 15
p.m.
~D~
Stephanie D. Kahn
Recording Secretary
013008
10
DUMPSTER MURAL PROJECT
Art in Public Places program to create, facilitate and implement a dumpster mural plan as directed
by the Boynton Beach City Commission and funded by the CRA, in coordination with the Public
Works department.
PURPOSE: To beautify exposed dumpsters within the CRA district by painting murals on
them.
PROGRAM POSITIONING: CRA beautification project. "Postcards from Boynton"
Boynton Beach's Art in Public Places is working with Public Works and the CRA to improve un-
sightly trash receptacles in the CRA district. AIPP will invite artists to submit an application and a
color concept on specific subject matter to be painted on the trash receptacles that are currently
not required to be in enclosures. This program will provide the opportunity for all artists to partici-
pate, add public art experience to their resume and work in the public realm.
Theme "Postcards from Boynton"
Simple colorful Florida related fauna and flora. marine, nautical, tropical flowers, sunsets, sunrises,
tropical trees, birds, animals. Could be similar to the kitchy tourists postcards from the 50's & 60's,
Images MUST be simple to have visual impact.
Facts to proceed:
1, CRA board approved a dumpster mural program designating $10,000 to fund this project.
2. City Commission has directed the Arts Commission (AIPP program) to implement.
3. Public Works Department will supply from their budget up to 20 new dumpsters this year,
4. The Arts Commission to adopted this implementation plan January 26, 2008.
5. Artists will be solicited by word of mouth, email, and a call to artists.
6. Artists will prep, paint and clear coat dumpsters at the Public Works facility in a designated en-
closed bay.
7. Public Works address is; 222 NE 9th Ave (Heart of Boynton) during city business hours Mon-Fri
6:30 a.m. - 4:00 p.m., closed on Saturday.
8. Up to two dumpsters per bay can be painted at the same time,
9. Artists will sign a city liability waiver to work on City property,
10, New dumpsters delivered to Public Works are painted green enamel,
11. Dumpster size and dimensions are:
2 Cu. Yd 3 Cu. Yd. 4 Cu. Yd. 6 Cu. Yd 8 Cu. Yd.
72" Length(6') 72" Length (6') 72" Length (6') 72" Length (6') 72" Length (6')
34" Width (3') 43" Width (3.5') 43" Width (3,5') 66" Width(5,5') 66" Width (5.5')
38" Height (3') 48" Height (4') 60" Height(5') 60" Height (5') 79" Height(6.5')
18 sq ft, 24 sq. ft. 30 sq.ft, 30 sq. ft. 39 sq. ft. front side only
54 sq.ft, 88 sq,ft 95 sq,ft 115 sq ft 149,5 sq ft. total sq. ft.
-
Enriching our Community through Public Art
City of Boynton Beach
Art in Public Places
12. Dumpster identification number on front to remain visible,
13, City dumpsters are paid by building owners on monthly utility bill, Building owner is the responsi-
ble party to contact for this program, (Buildings where dumpsters are located are sometimes
leased/rented buy businesses)
14. Dumpsters life expectancy is 3 to 5 years. Mural project treated as temporary public art.
Call to artists to Include:
1. Specifications on project.
2, Application and how many dumpster artists would consider painting,
3. The artist compensated is $500 per dumpster to paint all four sides no matter what size dumpster.
4. One half deposit to begin with balance upon mural completion and selection panel approval.
5. Non-returnable color concept of theme subject matter on templet supplied (1 "=1' ratio)
6. Opportunity for all artists; established or emerging artists, with or without public art experience.
7. Artist to supply materials; mural paint, cleanup and painting materials (brushes).
8, AIPP will supply the primer and clear coat.
9. Artist will apply primer, paint mural and clear coat.
10. Artist will be responsible for clean up after painting is completed,
11. The work is expected to be completed in a one week time frame during Public Works facility
hours,
12. Agreement and city insurance waiver signed by artist.
AIPP will provide:
1. Prepare program outline, costs, and timeline,
2, Submit to CRA staff for CRA board approval.
3. Prepare and send out call to artists.
4. Create a Selection Panel made of the stakeholders in the project to include an Arts Commission
member, 1 CRA staff employee, 1 Public Works staff employee, 1 business community employee
and possibly the Neighborhood Specialist staff employee. This selection panel would review the
artists mural submission concepts and select the ones they feel are appropriate to the criteria set
in the call to artists. They will meet once to accomplish this, Panel will be notified via em ail (image
will be sent) when each mural is completed to approved the final artwork before it is delivered to
the site location.
5. Prepare responses for selection panel to review.
6, Contact artists selected to be included in program,
7. Coordinate order of artist schedule.
8. Coordinate artists to proceed with all documentations in order,
9, Coordinate dumpsters to paint with Public Works.
10, Monitor progress,
11, Documentation - completed mural image, artist and contact information.
12. Compose list that considers visibility of dumpster with address in CRA district.
City of Boynton Beach .6.
Art in Public Places ~
Enriching our Community through Public Art
13. Match dumpster number to location, determine dumpster size.
14. Notify building owner that their location is selected for dumpster mural.
15. Building owner's responsibility to notify tenant that dumpster will be replaced and painted.
16. Inform building owner of dumpster delivery.
17, Coordinate locations for dumpster delivery.
18. Coordinate payables with artists,
19. Public Relations: add photos of work to web site/pamphlet
20. Monitor facilitation/progress of program.
21, Assess progress and report to CRA board and City Commission.
22, Document final images and location,
23, Submit program for PR
LOCATION LIST
Recommend the CRA and Public Works approve the first six dumpster locations to get the program
off the ground. Recommended locations are:
1, 2-308 Behind Plaza south of Women's Club
2, 6-350 City Hall parking lot
3. 4-514 Senior Center, Federal Hwy,
4, 3-318 Bank of America, Ocean & Fed.
5. R6-3 City Library, Seacrest Blvd,
6. 4-514 Ace Hardware, Boynton Beach Blvd
Recommend CRA and City published (via News releases, newspaper ad, web site and BBTV) that
this program is in effect to have interested businesses in the CRA district submit their desire to par-
ticipate in this program. Once locations are submitted to the Public Art Administrator and evaluated
for program specifications, then a lottery will decide the location order.
Recommend to target to complete up to 10 total dumpsters before this fiscal year end. At that time
program will be assessed and reported to CRA board,
Draft of timellne
Jan. 26 -Arts Commission adopted program
Feb. 12 - CRA board approves program
Feb. 15 - Release Call to artists
Feb. 29 - Receive call applications
March 5 - Selected artists
March 12 - Prepare schedule
March 19 - Notify artists
April 1 - Begin program
City of Boynton Beach ~
Art in Public Places_
~
Enriching our Community through Public Art
~<tY~T2~
East Side-West S',de-Seas'lde Rena',ssance
eRA BOARD MEETING OF: February 12,2008
I X I Consent Agenda I
Old Business I I
New Business
Public Hearing
Other
SUBJECT: Transit Oriented Development (TOD) - Boynton Beach Site (Info. Only)
SUMMARY: As part of Palm Beach County's overall continued growth and in conjunction with
both the Metropolitan Planning Organization (MPO) and Rapid Transit Authority (RT A), Boynton
Beach is targeted to have a Florida East Coast rail stop within seven to ten years.
The upcoming adoption of the Downtown Master Plan will recommend this stop be strategically located
in the Central Business District. To effectuate this long term CRA redevelopment goal, the Chairman
and CRA Director met with agency's federal lobbyist firm, US Strategies, to request direction in seeking
federal funds to offset the cost.
US Strategies coordinated a meeting with the U.S. Department of Transportation(USDOT) of the
Federal Transit Administration (FT A) with Deputy Administrator Sherry Little and her staff. This
agency oversees $9 billion in federal assistance funds for the nation's public transportation operators, as
well as $1.4 billion for the New Starts program, which ensures American citizens get the greatest return
on their investment in major capital transit projects.
eRA staff received direction in policy and protocols to secure grant funding for the TOD site. The
public improvement must (i) enhance economic development or incorporate private investment; (ii)
enhance the effectiveness of a public transportation project, or establish a new project and (iii) provide a
fair share of revenue for public transportation.
This capital project for joint development would allow the CRA to seek funding for the following
eligible costs (not exhaustive):
1,) real estate acquisition; including real property and structures
2.) demolition of existing structures
3.) site preparation
4.) building foundations
5.) utilities (relocation and construction)
6.) walkways, bicycle lanes, pedestrian connections
7.) open space
8.) safety & security measures
9.) facilities that incorporate community services
10.) parking
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 0212 CRA Board Meeting February\TOD Site Update. doc
~~Y~T2~
East Side-West S',de-Seas',de Rena'lssance
11.) project development activities
12.) professional services costs
As you can see from this list, grant funding is available to assist the eRA/CITY with its redevelopment
needs.
While this is a very long-term goal, CRA staffwill begin working not only with the U.S. DOT-FTA out
of the Atlanta regional office, but also coordinate transportation related activities within the county and
state.
We appreciate the commitment from U.S. Strategies, Heidi Hanson, Jeff Peterson and Nance Peterson,
in assisting the CRA in accomplishing its mission and goal of developing a quality City.
FISCAL IMPACT: None.
RECOMMENDATIONS: None.
dkp f2~/G
Lisa Bright
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 0212 CRA Board Meeting February\TOD Site Update. doc
Transit-oriented development is
bringing affordable housing to
the working class, both in and
outside of American city hubs.
102 U R BAN LA N D J A N U A R Y 2008
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RANSIT-ORIENTED DEVELOPMENT, orTOD,
; nothing new in America. In fact, as long
S transportation routes have existed, peo-
,Ie have developed their residential and eco-
omic centers around them, with new com-
lunities following along those transport lines
s their numbers grew.
But that desire to be near public trans-
ortation shifted during the 1950S and 1960s
then the interstate highway system was de-
eloped in the United States. The new "car
ulture" gave people the opportunity to move
way from the city; to afford their own home
'it . own yard; and removed them from
le L,c/""ds, noise, and costs of living in the
rban core.
At the same time, much of the housing
being developed around railway and other
transit centers was unattractive, due to its typ-
ical proximity to industrial areas and brown-
fields. Since those locations did not draw
wealthy tenants, the lower and working
classes moved in, perpetuating a negative as-
sociation between transit-based housing and
"affordable" housing.
As fewer and fewer working citizens have
been able to afford homes within an accept-
able distance from their city-based jobs, how-
ever, many developers, communities, and
consumers are beginning to revisit the op-
tions for affordable housing near transit cen-
ters. In Boston, Massachusetts, for example,
An affordable, transit-oriented development
in the Boston area, known as Trolley Square,
is located in a dense urban neighborhood on
a fonner subway trolley and bus storage yard
along Massachusetts Avenue, one of the major
roadways through the city. Subway and bus
routes are nearby and a bike and pedestrian
path crosses the site.
only one community in the primary metropol-
itan statistical area has housing affordable
enough for a first-time homebuyer earning 80
ti percent of the town's median income, accord-
i1 ing to the Boston Foundation's Greater Boston
Affordable Housing Report Card of 2004. That
means firefighters, police officers, teachers,
and other service-oriented professionals often
cannot afford to live in the urban and subur-
ban communities they serve.
Compounding the problem is traffic, espe-
cially in cities like Atlanta, Los Angeles, and
others where congestion is legendary. High
gas prices and exhaustingly long drive times
have become such a nightmare that many
commuters are looking for ways to avoid
them-either by moving closer to the city or
using public transportation or both. With the
recent focus on environmental conservation
and responsibility, that desire to reduce com-
mutes has only grown stronger.
To help address the problem, some states,
like Massachusetts, are working to encourage
transit-oriented development projects. "In the
last five years especially, there has been more
of a push to provide housing easily accessible
~ to employment," says Tara Mizrahi, vice pres-
~ ident at Boston-area affordable housing de-
velopment firm Affirmative Investments. Since
not everyone can live next door to their work-
places, she says, "people have really started
to think about how we can build housing
close to transit, through subsidies, changes
in zoning, and other initiatives."
That new way of thinking was recently
manifested in two new laws enacted in Mas-
sachusetts in 2004-chapters 40R and 405 of
the state's general laws. Chapter 40R provides
financial incentives for communities that es-
tablish a specific smart growth zoning district,
which allows for higher densities and man-
dates that at least 20 percent of the housing
must be affordable. For communities worried
about increasing education costs as a result
of new housing, Chapter 40S calls for reim-
JANUARY 2008
103
URBAN LAND
Outside Boston, affluent communities such as
Manchester-by-the-Sea have added transit-
oriented residential developments that have
made commuting to the city an affordable
and convenient option.
bursing a community for any net education
costs resulting from new 40R developments.
For these communities, the benefits are
many. For starters, the affordability require-
ments provide opportunities for people from
all economic strata to stay in their cities and
towns. By encouraging new residents and, of-
ten, new commercial development to move
into the town, the new zoning also generates
more tax revenues, plus any added education
reimbursements and infrastructure updates re-
quired of the developer. When coupled with
transit, these developments can also enhance
a community's efforts to be environmentally
responsible by promoting public transporta-
tion and brownfield revitalization.
For developers, 40R allows for higher den-
sities, more streamlined pennitting, and the
ability to write new zoning. Building at higher
densities penn its them to recover more of the
costs of building and have a higher return-
or fewer subsidies for affordable housing
projects-which becomes an even bigger draw
in high-value markets. For residents, it not
only helps make housing more affordable in
104 URBAN LAND JANUARY 2008
the places they want to live, but also often
provides a less stressful and more economical
means for commuting to work.
Less dependence on cars can only bene-
fit a community, Mizrahi says. "It means more
walking, more community interaction. All of
those things not only help from a straight fi-
nancial perspective but, some argue, can also
lead to a healthier lifestyle and a stronger
sense of community."
What's more, cities are seeing greater inter-
est from empty nesters and the retiring baby
boomer population to return to urban centers.
"With transit-oriented design, wealthier groups
are now moving back into the city because
they value the importance of being around
culture and community, and appreciate the
decreased upkeep seen with denser housing
types," Mizrahi says.
Even with the renewed interest in transit-ori-
ented development, developers and municipal
officials still face the challenge of acceptance.
Many communities are reluctant to add high-
density development, especially any tagged as
"affordable," thanks to lingering misconcep-
tions of the tenn. But when a development is
designed to fit contextually with its surround-
ings and people better understand what afford-
able housing means, the benefits to the resi-
dents and community quickly become clear.
In the Boston area, for example, the new
Trolley Square complex-an affordable, transit-
oriented development in a dense urban neigh-
borhood of Cambridge-was seen as an ap-
propriate project for a mixed-use site. A former
subway trolley and bus storage yard, Trolley
Square is located along a fonnerly blank cor-
ner of Massachusetts Avenue, one of the ma-
jor roadways through the city. A bike and pe-
destrian path crosses the site, several shops
line the adjacent roads, and both subway and
bus routes are nearby, making it an attrac-
tive and practical location for housing. With its
bright facade and multiple entrances, the de-
velopment has livened up the comer and al-
lowed residents to experience a more active
engagement with the surrounding businesses
and environment. The increased foot traffic
helps the local businesses, and the affordabil-
ity of the complex allows even more people
to patronize those businesses and enjoy the
neighborhood.
In a wealthier, more suburban city like New-
ton, located outside of Boston, however, mixed
uses are not as appropriate. The city has en-
couraged more mixed-use development in re-
cent years; however, residents were not inter-
ested in new development or the traffic issues
that could result from new retail stores near
one of its light-rail stations in a predominantly
sinl(le-family neighborhood. As a result, a new
ment community, Arborpoint at Woodland
~L..(ion, was developed adjacent to the station
as a strictly residential complex, and it blends
in with its more suburban surroundings. For in-
stance, the lBo-unit building includes town-
houses that wrap and screen a two-story ga-
rage with landscaped garden areas along the
street edge. The larger portions of the structure
are set back behind the town home facades.
The landscape and lighting were designed to
enhance the residential community feel of the
development, and resident parking is com-
pletely contained within the site. Today, this
complex replaces what was a paved, industri-
ally lit commuter parking lot, adding more mar-
ket-rate and affordable housing for residents
and significantly enhancing the site.
Rnding developable land is another chal-
lenge, especially for projects closer to the ur-
ban core. For many municipalities, however,
this sort of redevelopment often offers a
chance to revitalize contaminated or otherwise
neglected sites. The city of Vancouver, Brit-
ish Columbia, for example, has embarked on
w project to revitalize over Bo acres ~2.4
)f formerly industrial property into what
the city is calling one of the most sustainable
communities in North America.
The new site, named Southeast False
Creek, will be a mixed-use community pri-
marily focused on different types of high-
density residential housing. The goal for the
project is to create a truly sustainable envi-
ronment in which goods and services are ob-
tainable within walking distance and housing
and jobs are connected by transit. In fact, one
of the key drivers in choosing the location for
the project was the ample transit nearby. The
new complex is close to a Canada Line rapid
transit station, Vancouver's Skytrain, a street-
car line, a bus route, and several biking paths.
When fully built, Southeast False Creek will ac-
commodate 10,000 to 12,000 residents, offer-
ing more than 5,000 residential units, a com-
munity center, daycare centers, an elementary
school, an interfaith spiritual center, and 25
acres (10.1 ha) of parkland.
Midvale, Utah, a suburb of Salt Lake City,
i~ irlVolved in a similar project in Bingham
'on. This new development is regener-
dLlng a former Superfund site as a mixed-
use community centered around a proposed
light-rail transit line. Once home to a smelting
plant, the 446-acre (lBo.5-ha) site was added
to the Superfund priority list in 1991 thanks
to heavy metal contamination of the ground-
water and soil. With the city's primarily indus-
trial past, the Superfund designation gave of-
ficials and residents a new opportunity to
revitalize some of these neglected areas, in
tum stimulating the local economy and at-
tracting even more residents. In recent years,
the city has been experimenting with mixed
uses, but Bingham junction is the first project
to do so at this larger scale and with this de-
gree of access to public transportation and the
city's downtown, which is within half a mile
of the complex. The junction at Midvale site,
a 206-acre (B3.4-ha) area in the core of Bing-
ham junction, is now being prepared for a mix
of parks and trails and residential, retail, of-
fice, and research park uses. With construc-
tion scheduled to commence by the end of
the year, it is expected that the project will be
completed within the next five to ten years.
Bingham junction highlights another emerg-
ing trend in transit-oriented development: its
spread from major cities like Boston to more
suburban and even rural communities like Mid-
vale. In Massachusetts, more affluent communi-
ties such as Manchester-by-the-Sea have added
TODs that have opened a traditionally exclusive
community to new residents and made commut-
ing to Boston an affordable and convenient op-
tion. A number of mid-sized cities, such as Ed-
monton, Alberta, Canada, and Chartotte, North
Carolina, have begun building light-rail transit
lines, and new housing developments have fol-
lowed. Even in rural areas such as Vermont, the
state has been experimenting with commuter
train programs between the five-college town of
Burtington and its outlying suburbs.
Edmonton first developed its light-rail tran-
sit (LRl) system in the 1970S, making it the
A new apartment
community, Arborpolnt
at Woodland Station, in
Newton, Massachusetts,
outside Boston, was
developed adjacent to
a light-rail station.
JANUARY 2008
105
URBAN LAND
first city in North America with a population
of less than 1 million to build such a system.
While most of the original network was con-
fined within the downtown area, the city has
since expanded it into the outlying suburbs,
resulting in a number of transit-oriented de-
velopments. One such community is Heritage
Valley, a S.3oo-acre (2,14s-ha) site south of
downtown expected to connect its projected
100,000 residents to downtown Edmonton
via a proposed LRT line extension. Given the
site's more rural and suburban past, Heritage
Valley centers its most dense housing and
commercial activity closest to the proposed
transit station, with lower-density uses pro-
gressively sited further from the core to make
sure they are compatible with the adjacent
low-density neighborhoods.
In Charlotte, a similar effort is underway
as the city just opened its new LRT system.
Charlotte has seen some of the country's
fastest growth, with its population soaring
over 22 percent in the 1990S alone. As the
LRT project has progressed there, new de-
velopments, such as Antiquity in the Char-
lotte suburb of Cornelius, have become in-
creasingly popular as a way for commuters
to live in a more traditionally suburban area
with all the amenities of living downtown.
Planned to host about 1,000 apartments,
town homes, and single-family residences,
Antiquity creates a village center for Cor-
nelius complete with retail shops, outdoor
dining, a community pool, and community
spaces such as parks, orchards, an arbore-
tum, and walking trails.
The flourishing green movement is also ir
spiring more and more communities to em-
brace transit-based neighborhoods. The Leac
ership in Energy and Environmental Design
(LEED) program includes points for building
on existing infrastructure, and the market-
both developers and their buyers-is clearly
embracing green practices and products.
In another example of the shift in atti-
tudes, several years ago in Kingston, Massa-
chusetts, which lies approximately 3S miles
(s6 km) south of Boston, the town proposed
zoning changes to encourage mixed-use de-
velopment around new commuter rail sta-
tions. At the time, however, the town was
uncomfortable with the idea of more devel-
opment and did not quite understand its po-
tential benefits. But with changing political
. ~..
i
!
.....
~
.....,
In Vancouver. British Columbia, Southeast
Fall C~k will be a mixed-use community
offering different types of high-density
housing that will be located close to a
rapid transit station, the city's Skytrain
system, a streetcar line, a bus route, and
several biking paths.
106 U R BAN LA N D J A N U A R Y 2 0 0 8
A "lImber of mid-sized cities, such as Edmonton,
a, Canada, have begun expanding their
:all transit (LRl) lines Into the outlying
suburbs, and new transit-oriented developments
have resulted. One community, Heritage Valley,
is expected to conned its projected 100,000
residents to downtown Edmonton via a proposed
LRT line extension.
forces, the addition of smart growth legisla-
tion at the state level, and increasing aware-
ness of environmental responsibility, simi-
lar changes were proposed recently and, this
time, approved.
Developments such as Trolley Square in
Cambridge and Southeast False Creek in Van-
couver have raised such sustainable mea-
sures to even higher levels. Trolley Square has
a green roof, for instance, which is irrigated
using a drip system, and the runoff from the
roof is harvested for irrigation and stored on
site in an underground system. In addition,
the site comprises no lawns, and the trees
and shrubs are low-maintenance species that
are well adapted to the urban setting and the
local climate. Environmentally friendly mate-
vere used whenever possible, including
. ate with recycled fly ash, retaining-wall
blocks made from recycled plastic, and re-
cycled cobblestones found on the site. All of
these features are available at an affordable
price, within minutes of public transportation.
Southeast False Creek is quickly becom-
ing a model for community-scale sustainable
design as preparations kick into high gear for
Vancouver's moment in the global spotlight-
the 2010 Winter Olympics. Now a pilot project
for a new LEED certification for neighbor-
hoods, the project incorporates leading-edge
practices in the areas of biodiversity and hab-
itat, energy and climate change, air and water
quality, and conservation and waste manage-
ment, in addition to eco-friendly transporta-
tion and building design strategies. For ex-
ample, Southeast False Creek will feature a
neighborhood energy system in which 60 per-
cent of the energy is supplied by the recov-
ery of sewer heat, one of the first such appli-
cations of this technology in North America.
Such innovations and the friendly, accessi-
bl" l1eighborhood they are creating have even
j one section of the neighborhood the
honor of serving as one of the two athletes'
villages for the 2010 Winter Games.
''The transit idea, people get it now," says
Mizrahi. ''They understand it, they're going to
fund it, and it will continue. The newest hot
topic is how far the funding sources will go to-
ward sustainable building and at what level."
Ultimately, the acceptance and prevalence
of transit-oriented development is spreading,
and its motives seem to have come full circle.
In the early days, people sought housing near
public transportation out of pure necessity.
More recently, those priorities have shifted to-
ward convenience, as upper-class profession-
als and urbanites seek to avoid the hassle of
commuting and to live closer to the culture
and community of the city. But with the rising
costs of fuel and housing and the increased
focus on sustainable practices, necessity may
once again be drawing people back to pub-
lic transportation and to the sense of commu-
nity engendered by developments and neigh-
borhoods that bring people together to shop,
work, and live their lives. U.
JOSEPH GELLER and STEPHEN PlUNKARD are
principal planners and landscape architects in the New
England offices of Stantec, a consulting firm involved in
dozens of transit projects throughout the United States
and Canada.
JANUARY 2008
107
URBAN LAND
111101
WHY TRANSIT-ORIENTED DEVELOPMENT AND
WHY NOW?
Reconnecting America and
the Center for Transit-Oriented Development
E f't,. r. ~ I N" "~~.,'\'~.."... '. 'I.."
"1\(- I.~ ~ I'N' !.
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uul" Ll,,/ri d l,
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CENTER FOR TRANSIT-ORIENTED UE'iELOPMENT
RECONNECTING AMERICA is the
only national non-profit organization
devoted to promoting best practices
in transit-oriented development (TOO)
and development-oriented transit. Our
Center for Transit-Oriented Develop-
ment, a collaboration with the Center
for Neighborhood Technology and
Strategic Economics, has been funded
by the federal govern ment to serve as
a national TOO best practices clearing-
house. We also do fee-for-service work
in regions across the U.s., which helps
inform our nonprofit work.
WHAT IS TRANSIT-ORIENTED DEVELOPMENT (TOD) AND
WHY SHOULD YOU CARE?
TRANSIT-ORIENTED DEVELOPMENT
or TOO is typically defined as more
compact development within easy
walking distance of transit stations
(typically a half mile) that contains
a mix of uses such as housing, jobs,
shops, restaurants and entertainment.
At Reconnecting America we believe
projects should also achieve the goals
listed here. TOO is really about creating
walkable, sustainable communities for
people of all ages and incomes and
providing more transportation and
housing choices (including townhomes,
apartments, live-work spaces, and
lofts). These neighborhoods provide for
a lifestyle that's convenient, affordable
and active, and create places where our
children can play and our parents can
grow old comfortabLy.
TOO IS NOT JUST DEVELOPMENT
NEAR TRANSIT. IT'S
DEVELOPMENT THAT ALSO:
· Increases Hlocation effidencyH
so people can walk, bike and
take transit;
· Boosts transit ridership and
minimizes the impacts of traffic;
· Provides a rich mix of housing,
jobs, shopping and recreational
choices;
· Provides value for the public and
private sectors, and for both new
and existing residents;
· Creates a sense of community
and of place.
WHY BUILD TRANSIT AND TOO NOW?
BECAUSE CHANGING DEMOGRAPHICS ARE CAUSING FUNDAMENTAL
SHIFTS IN THE HOUSING MARKET:
AFTER DECADES OF out-migration to
the suburbs many people are return-
ing to the city to live, in part because
traffic is so bad that commuting has
become less and less appealing. But
the changing housing market has much
to do with demographics: While the
vast majority of u.s. households used
to be families with both a mom and
dad and more than one child living in
the same household, this demographic
group now comprises just 25 percent
of households and it's shrinking. More
and more households are childless or
headed by single parents, and single
adults comprise 41 percent of house-
holds. The demographic groups that are
increasing in size - smaller, older, and
more ethnically diverse - are the same
demographic groups that have histori-
caLLy shown a preference for higher-
density housing near transit.
· Singles will soon be the new majority in the U.s.
· Older Americans will outnumber younger Americans by mid-century;
· By 2010 Echo Boomers (the children of Baby Boomers) will total
34% of the population;
· Almost half the u.s. population will be non-white by 2050;
· The demographic groups growing most quickly - older,
non-family, non-white households - have historically used transit
in higher numbers.
3
AMERICANS WANT MORE HOUSING CHOICES
TODAY MANY PEOPLE want a "room
with a view" within walking distance
of coffee, restaurants, yoga, a dog
park, art, film and culture. Lifestyles
are changing, and convenience and
affordability are paramount consid-
erations. The former office building
shown in this ad is the new glamour
address in downtown Los Angeles,
where there are 90 residential projects
in development. Twenty six of these
projects are lofts. This recent L.A.
Times Magazine "Home" issue was
about the new popularity of high-rise
living. Long-known as the strong-
hold of the suburbs and the car, Los
Angeles like almost every other city
in the U.S. is undergoing tremendous
redevelopment around transit.
q.
~;t;.~~'i~L";~~r~"';, :;f..~~'~,::,.;::;~~:':c.
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A ROOM WITH A VIEW: THE AMERICAN DREAM IS BEING RE-IMAGINED
· Wall Street Journal: median sales price for condos topped the price of single-family
homes for first time in 2005, the 9th consecutive year of record condo sales;
· Cover of Dwell magazine: #Small Is the New Big";
· Professional Builder: 37% of households want small lots and clustered development;
· Business Week: biggest homebuilders open infill divisions;
· AARP: 71% of older households want to be within walking distance of transit.
AMERICANS WANT MORE TRANSPORTATION CHOICES
TRANSIT IS IN A BUILDING BOOM, CREATING MORE OPPORTUNITIES FOR TOD
· 3,500 existing stations in 33 regions with "fixed-guideway" transit;
· 700 additional stations being built and 15 regions with new systems;
· Some regions are deciding that rather than wait for federal funding
they will tax themselves to build transit;
· The private sector is contributing to streetcar systems and new rail
stations and new rail lines.
EVER SINCE PASSAGE of the fed-
eral transportation bill ISTEA in 1992
- which made transportation funding
more flexible - there's been an explo-
sion of interest in transit. Because the
demand for federal funding far exceeds
what is available, and because the
federal review process is time-consum-
ing and costly, a growing number of
regions are finding ways to fund transit
locally. Many are working with the
private sector to raise money for sta-
tions and transit extensions. Denver,
Austin, Houston, the San Francisco
Bay Area, Charlotte, Atlanta, New York
City and Washington D.C. are all either
striking out on their own or partnering
with the private sector.
THE ENORMOUS SUCCESS of the Port-
land Streetcar, credited with promoting
$2.3 billion in private investment in
the Pearl District, has caused tremen-
dous national interest in streetcars.
Streetcars represent a paradigm change
in the way cities and transit agen-
cies think and plan for transit: They
are about redevelopment as much as
they are about transportation, so land
use planning plays a critical role. And
while federal funding is now available,
in the past streetcar proponents have
had to raise money for construction
and operations from the private sector.
This has meant projects have had to
be responsive to local needs. Because
streetcars are smaller, less expensive
and less intrusive, they can be built
quickly and with minimal disruption to
existing residents and businesses.
STREETCARS
ARE UNIQUELY SUITED TO PROMOTE TOO
STREETCARS ARE THE HOT "NEW" TRANSIT TECHNOLOGY
· Streetcar systems are faster and cheaper to build;
· Streetcars are enormously successful in promoting private investment in compact,
walkable development;
· Systems have been built for as little as $3 million/mile (Kenosha, WI, in 2000);
· 100 dties have joined the national Community Streetcar Coalition;
· SAFETEA-LU authorized $200 million annually for a "Small Starts" program for
small transit projects;
STREETCARS
ARE DEVELOPMENT-ORIENTED TRANSIT
WHY THE SUDDEN INTEREST
IN STREETCARS? LOOK AT TH E
RETURN ON THE INVESTMENT
TABLE 1: Private Returns on the Public Investment
Start of
Service
Kenosha I 2000
Idftte'RoelfZ004
Tampa I 2003
'p~t(;11 .'. <aU~l,
Portland (Ext.) I 2005
Initial
Track
Miles
Initial
System
Cost Per
Track Mile
Return on
Investment
Initial
System Development
Cost Investment
2.0
'2..5
2.4
4J3
1.2
3.10
.7:84
20.13
H;SO
14.83
6.20
19.60
48.30
. 5.5,;20,
17.80
150
200
1000
1046
1353
2319.35%
92'Oi.41%
1970.39%
ij~4ci9~'f"..' ..'
7501.12%
Source: Reconnecting Americo (Dollor Figures in Millions)
STREETCARS RUN IN mixed traffic and
stop frequently, and streetcar stops are
often shared with buses -- exclusive
rights of way, big stations and parking
structures are not required. A study of
the Portland streetcar quantified its
ability to "shape" development: The
study found that properties located
closest to the streetcar were developed
at 90 percent of permitted density
compared to 43 percent 3 or 4 blocks
away. Prior to selection of the align-
ment, the reverse was true. In other
words, the blocks that were the least
attractive for development before the
streetcar became the most attractive.
ALMOST A QUARTER OF ALL RENTERS AND BUYERS ARE
LIKELY TO WANT TOO HOUSING IN 2030
OUR NATIONAL TOO market study
found that by 2030 almost a quarter
of all U.S. households looking to rent
or to buy are likely to want higher-
density housing near transit. To meet
this demand we'd have to build 2,000
units of housing at every one of the
4,000 existing and planned transit
stations in the U.S. Most of demand
will be in the five metro regions with
the biggest systems - when it come to
transit systems, size matters.
8
Four Transit Systems Shown at the Same Geographic Scale
Houston / Sm2II
/8 Stations
Dallas-Fort Worth/ Metllum
48 Statll1ns
Ll1s Angeles /Urge
/5/ Stations
ChIcagu / Extensive
4U1 Stat/OIlS
l) to 20 JO
- - /1r6c.-Ano -IIIliIUtre
.....
TABLE 2: Top Ten Regions by Potential Demand for TOO Housing
Existing Planned 2000 TOO 2030 Percentage
Stations Stations Households Demand Change
New York I 955 6 2,876,160 5,371,866 87%
Los Angeles 113 38 261.,316 1,708,447 554%
Chicago 0' 401 8 787,204 1,503,638 91%
San-Frahdsco 286 49 409;497 832,418 103%
PhiladeLphia 370 34 506,058 809,058 60%
Boston 288 7 396,261 750,726 89%
Washington, D.C. 127 11 234,202 688,582 194%
PortLand" 108 29 72;410 279,891 287%
Miami 60 6 62,595 271,326 333%
o Dallas 48 17 o' 46,429 270,676 483%
Source: Reconnecting Americo
TOO IS CITED AS ONE OF THE BEST INVESTMENT
OPPORTUNITIES
U LI/PRICEWATERHOUSECOOPERS "EM ERGING
TRENDS" REAL ESTATE REPORT RANKED TOO
AS ONE OF THE BEST BETS FOR INVESTORS
TH REE YEARS IN A ROW.
· 2005: "Locations near transit rank as the No.
1 choke for all development types. "
· 2006: "The distance between where we live
and work wj[[ matter more. . . Transit-oriented
development near subway or Hght raj[ Hnes
almost can't miss. . . People congregate there."
· 2007: "Best Bets 2007': . . Global gateways
with 24-hour characteristics and mass transpor-
tation "have turned into the nation's investment
property meccas."
WE'RE NOT THE ONLY ones to
recognize this development oppor-
tunity. Before 1987 "24-hour cities"
were ranked as the worst opportuni-
ties for investors and "edge cities"
were ranked as the best. But since
then investments in 24-hour cities
have consistently outpaced invest-
ments in "9-to-5 cities" and in edge
cities. "Emerging Trends" is a highly
regarded report reflecting the views of
500 leaders in the real estate, devel-
opment and investment industries.
9
WE ARE SPRA WLING AND REINVESTING
SIMULTANEOUSLY
MOST DEVELOPMENT IS STILL
happening in the suburbs. But there
are reasons to believe the balance
could shift and that we will need to
redevelop our urban and suburban
centers to accommodate more
growth. Without transit, neighbor-
hoods will be overrun with traffic.
THERE ARE INDICATORS TO SUGGEST THE BALANCE WILL SHIFT
TO REINVESTMENT AND REDEVELOPMENT:
· Higher gas and oil prices;
. Infill can be very lucrative and finandng is getting easier;
. Capital for infrastructure is tight and getting tighter;
. Fees for greenfield development are high - $100,000 per house
in Orange County, CA;
. Major homebuilders and big box retailers are developing infill models.
10
WHY IS TOO GOOD FOR CITIES AND SUBURBS?
TOD BENEFITS NEW AND EXISTING RESIDENTS, TRANSIT AGENCIES, LOCAL
GOVERNMENTS, LOCAL MERCHANTS, DEVELOPERS, INVESTORS, PROPERTY OWNERS,
AND ALL THOSE WHO DON'T WANT TO HAVE TO DRIVE
-
· TOO is more sustainable
· More effident use of land, energy and resources
· Helps conserve open space
· Less oil and gas consumption
· Cleaner air
· Minimizes traffic increases
· Encourages walking
· Increases revenues, allowing dties to lower tax
rates and compete with suburbs
· Increases transit ridership at a lower cost than if bus service
or parking structures are needed to bring riders to stations
· Increases property values, lease revenues and rents
· Increases foot traffic for local businesses
· Creates opportunity to build mixed-income housing
· Height and density can pay for community benefits
and affordability
· Reduces transportation expenditures
· Promotes healthier lifestyles
· Neighborhoods are safer because there are more people on
the street and more "eyes on the street. "
RESEARCH IN PORTLAND has shown
that the residents of neighborhoods
with good transit access and mixed-use
deveLopment use their cars Less than
residents of suburban neighborhoods:
onLy 58 percent of trips are by auto in
mixed-use neighborhoods with good
transit access compared to 87 percent
in suburban neighborhoods. (Source:
Portland Metro.) Research in CaLifornia
has shown that peopLe who Live in TOO
are 5 times as LikeLy to use transit as
resident of the region at Large, and
peopLe who work in TOO are 3.5 times
as likeLy to use transit. (Source: Rick
Willson, Cal Poly Pomona.)
n
TOD CONCENTRATES development
and activity and the tax base in a
way that allows for focused value
capture strategies. This captured
value can be reinvested in communi-
ties and in the region, and in creat-
ing and preserving affordability.
12
TOO CREATES VALUE THAT CAN BE CAPTURED
AND REINVESTED IN COMMUNITIES
TRIED AND TRUE VALUE CAPTURE STRATEGIES INCLUDE:
. Property and sales taxes
. Real estate lease and sales revenues
· Farebox revenues
.. Fees on everything from parking to business licenses
· Joint development
. Tax increment financing
. Special assessment districts
.. Public-private partnerships
,~
VALUE CAPTURE AND OTHER BENEFITS IN THE
ROSSLYN-BALLSTON CORRIDOR JUST OUTSIDE WASHINGTON D.C.
.. Assessed value of land around stations increased 81 % in 10 years;
.. 8% of county land generates 33% of county revenues - allowing Arlington to have
the lowest property tax in Northern VA;
· 50% of residents take transit to work; 73% walk to stations; development has
generated only modest increases in traffic;
· Surrounding single-family neighborhoods have been preserved.
THE ROSSLYN-BALLSTON CORRIDOR in
Arlington, VA, illustrates how TOD can
accommodate tremendous development
in a way that benefits both new and
existing residents. This was a declin-
ing low-density commercial corridor
30 years ago when the local govern-
ment decided to focus development
around five closely spaced rail stations,
working with residents and the private
sector. The results are extraordinary:
Despite the enormous amount of devel-
opment that has occurred, single-fam-
ily neighborhoods have been preserved
just a short walk away, and there has
been only a modest increase in traffic.
TRANSIT HAS ALSO LEVERAGED
large-scale redevelopment in downtown
Portland. The streetcar was built to
connect two large parcels of vacant
industrial land north and south of
downtown. The city struck a deal with
the owner of 40 acres: the city would
build the streetcar past his property if
he would up-zone his property from 15
dwelling units per acre to 125 dua. This
was in the early '90s when there was
no market for this kind of development,
but today it is the city's densest neigh-
borhood, and at build-out it will be
home to 10,000 residents and 21,000
jobs. The streetcar now runs to the
second vacant parcel, the South Water-
front, where an even more ambitious
redevelopment effort is underway.
I:
PRIVATE INVESTMENT IN TOD IN
PORTLAND'S PEARL DISTRICT
HELPED THE CITY MEET PUBLIC
GOALS AND OBJECTIVES
. 7,248 housing units, 4.6 million square feet of commerdal
space - worth $2.3 billion - built within 2 blocks of the
streetcar from 2001 to 2005;
. Portland's 20-year housing goal met in
7 years on 1/10th the projected land and
25% of all units are affordable;
. Another 5,000 housing units planned on
streetcar extension south of downtown;
. Record number of building permits issued
7 years in a row;
. Properties closest to the streetcar developed
at 90% of permitted density, compared to
43% 3 or 4 blocks away.
INCREASED LAND + PROPERTY VALUES =
GENTRIFICATION + DISPLACEMENT? YES.
CITIES SHOULD ACT EARLY TO CREATE AND PRESERVE AFFORDABLE
HOUSING NEAR TRANSIT BEFORE THE MARKET HEATS UP, BECAUSE:
· Our market study shows that half the demand for TOO housing will
come from households with incomes below area median income
- or about $50,000;
· Neighborhoods near transit currently support more radal and economic
diversity than the average census tract;
· Three quarters of households near transit have one car or no cars;
· TOO residents can use transit, thereby redudng the cost of living;
· Low-income residents are the most likely to use transit.
THERE ARE MANY REASONS that cities
should be proactive in their efforts to
create and preserve affordable hous-
ing near transit. These locations help
affordable projects pencil out because
developers can build less parking,
which helps reduce project costs.
Neighborhoods near transit are also the
most likely to be zoned for the higher
densities that help affordable projects
pencil out. And because these projects
have reduced traffic impacts, they have
an easier time making it through the
approvals process.
i5
LOCATION MATTERS A GREAT DEAL BECAUSE TRANSPORTATION
IS A SIGNIFICANT HOUSEHOLD EXPENSE.
THE COST OF HOUSING is well-
defined as the monthly rent or
mortgage payment. But it's easy to
discount the cost of transportation,
since the amount is disaggregated
into separate payments for insur-
ance, repairs, tires, and gas.
Location Efficient
Environment
Average American
Family
Auto Dependent
Exurbs
Source: Center for TOO Housing + Transportation Affordability Index, 2004 Bureau of Labor Statistics
AFFORDABILITY IS NOT JUST ABOUT HOUSING COSTS - A BETTER
MEASURE IS THE COMBINED COST OF HOUSING AND TRANSPORTATION:
. The average household spends 51 % of income on housing and
transportation combined; both costs are increasing.
. The average household spends 19% on transportation; households
with good transit access spend only 9%.
. This savings can be critical for low-income households: While the average
household spends 19% on transportation, very low income households
spend 55% or more.
THE HOUSING AND TRANSPORTATION COSTS TRADE-OFF
WHERE CAN A 3-PERSON HOUSEHOLD EARNING 80% OF AREA MEDIAN INCOME
AFFORD TO LIVE IN THE TWIN CITIES? THE LIGHT YELLOW AREAS ARE "AFFORDABLE" WHEN:
CONSIDERING ONLY HOUSING COSTS.
Farmington
Housing Payment as a Percentage of Income
BY CENUS BLOCK GROUPS - FOR 80% AMI - 3 PERSON HOUSEHOLO
.36 TO 140 (126)
28 TO 36 (333)
o TO 28 (1568)
BUS SYSTEM
. HIAWATHA LRT
CONSIDERING HOUSING AND TRANSPORTATION COSTS.
Dakota
Faltn#ligflin
H+ T as a Percentage of Income
BY CENUS BLOCK GROUPS - FOR 80% AMI - 3 PERSON HOUSEHOLD
1!174 TO 201 (42)
47 TO 74 (888)
o TO 47 (1097)
--'
BUS SYSTEM
. HIAWATHA LRT
THE CENTER FOR HOUSING POLICY FOUND THAT FOR EVERY DOLLAR
HOUSEHOLDS SAVED ON CHEAPER HOUSING IN THE SUBURBS IN 2005,
THEY SPENT 77 CENTS MORE ON TRANSPORTATION.
WE CREATED AN "affordability index"
that is the sum of housing costs plus
transportation costs calculated as a
percent of income. The map on the left
shows neighborhoods that are afford-
able when one considers housing costs
only -- the light yellow areas are the
most affordable and the brown areas
are the least affordable. The map on the
right shows that when you combine the
costs of housing and transportation the
area that is considered affordable (light
yellow) shrinks considerably, and is more
or less limited to those neighborhoods
served by transit. In Minneapolis,
"Affordable" is considered to be up to
28 percent of income when considering
housing costs alone, and 47 percent
when considering housing
and transportation.
n
,;
TOO CAN BE AN IMPORTANT AFFOROABILITY STRATEGY
THE HOUSING AND transportation
cost differential among neighborhoods
in the Twin Cities region is significant.
For example, in the Longfellow/Seward
neighborhood near downtown Minne-
apolis, which has good transit access,
households spend $446 a month on
housing and transportation. In the
exurban, auto-oriented neighborhood
of Farmington, with no transit, house-
holds spend $941 a month. Lenders
don't consider the combined costs
when scoring home loan applications.
And some states don't consider
the combined costs when issuing
low-income housing tax credits or
Section 8 vouchers.
18
MONTHLY H + T COSTS VARY GREATLY IN TWIN CITIES - FROM $446
IN URBAN NEIGHBORHOODS NEAR TRANSIT TO $941 IN EXURBAN
NEIGHBORHOODS WITH NO TRANSIT.
How Transportation Costs Stack Up
in 4 Communities in the Twin Cities
Mjdway, St. Paul:
$561 month
$6,732 year
7 -County Regjon:
$741 month
$8892year
.:l $941
en
o
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c
o
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as
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a..
en
c
as
F
>-
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-
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:E
. AUTO OWNERSHIP
AUTO USE
. TRANSIT
Farmjngton
$941 month
$11,292 year
Fridley:
$715 month
$8580 year
farmington fridley
Midway Longfellow 7-County
Seward Region
WHAT CAN WE DO? TOO IS ONE POSSIBLE
SOLUTION TO A HOST OF PROBLEMS
LOOMING CRISES:
· Affordability
· Traffic Congestion
· Suburban Sprawl
· Global Warming and Dependence on Foreign Oil
.. Enormous Costs of Maintaining Existing Infrastructure
and building New Infrastructure.
ONE SOLUTION:
Build more mixed-income communities around transit to provide Americans with
more housing and transportation choices so they can lead affordable, convenient,
active lives.
SHlmNG DEMOGRAPHICS and the
changing real estate market have
opened up an unprecedented window
of opportunity for transit-oriented
development. One of the most sustain-
able and low-cost solutions to a host
of pending problems is public-private
investment in neighborhoods near tran-
sit where people don't have to drive.
19
REf'1 0 :~~ N.. I;i..-........:.. .~.:'".. n,.: I....."...
; .. i. ,~. i "! 1\1' ~
L' l iU..d H1U
~
CENTER FOR TRANSIT-ORIENTED DEVElOPMENT
BOARD OF DIRECTORS:
Janette Sadik-Khan, Chair
Senior Vice President, Parsons Brinckerhoff
Jeffrey Boothe, Vice Chair
Partner, Holland & Knight LLP
David King, Treasurer
General Manager, Triangle Transit Authority
Shelley Poticha, Secretary
President and CEO. Reconnecting America
Phyllis Bleiweis
Executive Director, The Seaside Institute
William Kohn Fleissig:
Partner, Urban Village Partners
Art Lomenick
Managing Director. High Street Residential!
Trammell Crow Company
William Millar
President. American Public
Transportation Association
John Robert Smith
Mayor, Meridian, Mississippi
DESIGN BY SMARTPILL ."
JOHN CURRY, 375 Canyon Vista Dr.,
Los Angeles, CA 90065 323.9933561
R(""""""1
~ J H\~
;t.,~ "l:''', ,,: :)
CENTER FOR TRANSIT-ORIENTED OEVELOPNfNi
436 14TH ST., SUITE 1005 OAKLAND, CA 94612 (510-268-8602)
1015 18TH ST., SUITE 601, WASHINGTON, D.C. 20036 (202-234-7591)
375 CANYON VISTA DR., LOS ANGELES, CA 90065 (323-222-5508)
www.reconnectingamerica.org
~~qY~T8~ eRA
iiIIIi East Side-West Side- Seaside Renaissance
eRA BOARD MEETING OF: February 12, 2008
I X I Consent Agenda I
Old Business
New Business
Public Hearing
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:
January 1 - 31, 2008:
. Agency: 1,377
. Trolley: 498
FISCAL IMPACT: Cost budgeted in 2006/2007 from General Fund Budget
RECOMMENDATIONS: Info. Only
T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\0802 12 CRA Board Meeting February\Monthly Website Stats 0108.doc
Dashboard - Google Analytics
Page 1 of2
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Sign Out
Analytics Settings View Reports: www.boyntonbeachcra.com
et.A W~65i"'~
My Analytics Accounts: Boynton Beach eRA
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Jan 1, 2008 - Jan
31,2008
Comparing to: Site
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I JanllBry 14. 2008
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I JanllBry28, 2008
I Site Usage
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Visitors Overview
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view report
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Traffic Sources Overview
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Pages
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1,322 36.37%
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594 (43.14%)
Search Engines
Inewsevents.php
281
7.73%
https:/ /www.google.com/analytics/reporting/ dashboard ?id=4528679&scid=243 61 75
2/1/2008
Dashboard - Google Analytics
Page 1 of2
adelspergerm@cLboynton-beach.fl.us I M~Account I H~ I Contact Us I
Sign Out
Analytics Settings View Reports: WWW.bOyntonbeachtrolley.com.T..Rol.L~.te..JE.aSirt:
My Analytics Accounts: Boynton Beach Trolley
Dashboard
Jan 1, 2008 - Jan
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21112008
/1
~~Y~T8~ C
East Side-West S'lde-Seas.lde Rena.lssance
eRA BOARD MEETING OF: February 12,2008
I X I Consent Agenda I
Old Business
New Business
I Public Hearing
Other I
SUBJECT: Approval of Tri-Party Agreement Between the CRA, Hedrick Brothers and the
Homeowner
SUMMARY: On January 8, 2008, the CRA Board approved Work Order #001.0 with
Hedrick Brothers Construction, Inc. The nature of the work order was to perform residential
construction repair and rehabilitation of the homes of seven previously approved Residential
Improvement Grant recipients.
Attached is the contract for services between the CRA and Hedrick Brothers Construction, Inc.
to perform those specific services described under Work Order No. #001.0 and not to exceed a
total $140,000.00. The contract has been reviewed and approved by CRA legal counsel and
Hedrick Brothers governmental affairs staff.
FISCAL IMPACT: N/ A
RECOMMENDATIONS: Approve the tri-party agreement for construction services with
Hedrick Brothers Construction, Inc. under Work Order #001.0 in the amount not to exceed
$140,000.00
.//;t1lW~
VIvian Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008
Board Meetings\08 02 12 CRA Board Meeting February\Hedrick Brothers contract under WO#001.doc
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY/CONTRACTOR AGREEMENT
1. HOLD HARMLESS. Contractor shall agree to defend, indemnify, and hold
harmless the Boynton Beach Community Redevelopment Agency (Boynton Beach
CRA) from liability and claim for damages because of bodily injury, death, property
damage, sickness, disease or loss and expense arising from Contractor's
Performance under this agreement to install or construct home improvements to be
paid for out of the proceeds of the Boynton Beach CRA rehabilitation grant.
Contractor is acting in the capacity of an independent contractor with respect to
the Boynton Beach CRA.
2. LIEN WAIVERS. Contractor shall protect, defend and indemnify Boynton
Beach CRA from any and all claims for unpaid work, labor, or materials with respect
to Contractor's Performance. Final payment shall not be due until the Contractor
has delivered to the Boynton Beach CRA complete release of all liens for work
completed arising out of Contractor's Performance Final Release of Lien and
affidavit to the effect that all Contractor. Subcontractors, and Materialman have
been paid in full and indemnifying the Boynton Beach CRA against any lien.
3. CONTRACT AMOUNT AND PAYMENT SCHEDULE. Payments will be
scheduled as follows, subject to Boynton Beach CRA's acceptance of work done:
The Boynton Beach CRA shall pay the Contractor the Contract Sum in current funds
for the Contractor's performance of the Contract. The Contract Sum shall be One
Hundred. Forty Thousand and Zero Cents ($140,000.00), subiect to additions and
deletions as provided in the Contract Documents.
See "Attachment A" for scope of work covered under this Contract.
The Boynton Beach CRA shall provide to Contractor, Owner sianed Notice to
Proceed for each individual work order under this Contract to commence work.
Payments due and unpaid under the Contract shall bear interest from the date
payment is due at the rate stated below, or in the absence thereof. at the legal rate
prevailina from time to time at the place where the Proiect is located.
Final payment. constituting the entire unpaid balance of the Contract Sum, shall be
made by the Boynton Beach CRA to the Contractor when the Contractor has fully
performed the Contract work as determined by the Boynton Beach CRA.
The Boynton Beach CRA's final payment to the Contractor shall be made no later
than 30 days after the issuance of the Architect's final Certificate for Payment.
4. TIME FOR PERFORMANCE. Contractor shall start work within ten (101 calendar
days after receipt from the Boynton Beach CRA of a written Notice to Proceed. If
Contractor fails to commence work within thirty (30) days of the date of the Boynton
Beach CRA's Notice to Proceed, Boynton Beach CRA shall have the right to
terminate this agreement. Such notice of termination shall be in writing.
Contractor agrees to complete work on or before (should be same date as above I.
If completion is delayed for reasons beyond the Contractor's control, Contractor
shall provide timely written notice to the Boynton Beach CRA of the reasons for such
delay. If such good cause is claimed by the Contractor, it shall be Contractor's
obligation to substantiate its claim by adequate documentation. The Boynton
Beach CRA shall agree to an extension of time for delay or reject the notice written
five (5) days of receipt of the Contractor's notice of delay.
In the event Contractor shall fail to complete work within the agreed upon period
and fails to provide evidence of good cause for such delay, Boynton Beach CRA
shall have the right to declare Contractor in default. In such event. Boynton Beach
CRA shall be responsible for providing written notice to Contractor by registered
mail of such default. If Contractor fails to remedy such default within 15 calendar
days of such notice, Boynton Beach CRA shall have the right to select a substitute
Contractor. If the expense of finishing the work exceeds the unpaid balance on this
Contract, the Contractor shall pay the difference to the Boynton Beach CRA.
5. CHANGE ORDERS. Boynton Beach CRA and Contractor expressly agree that no
material changes or alterations in the description of work or price provided above
shall be made unless in writing and mutually agreed to by both parties and
authorized by the Boynton Beach Community Redevelopment Agency.
The Boynton Beach CRA. without invalidating the Contract. may order chanaes in
the Work within the aeneral scooe of the Contract consisting of additions, deletions
or other revisions, the Contract Sum and Contract Time being adiusted accordinaly.
Such chanaes in the Work shall be authorized by written Chanae Order signed by
the Boynton Beach CRA. Contractor and Architect. or by written Construction
Chanae Directive sianed by the Boynton Beach CRA and Architect.
The cost or credit to the Boynton Beach CRA from a chanae in the Work shall be
determined by mutual agreement of the oarties or. in the case of a Construction
Change Directive. by the Contractor's cost of labor. material. eauioment. and
reasonable overhead and mofit.
If concealed or unknown ohysical conditions are encountered at the site that differ
materially from those indicated in the Contract Documents or from those conditions
mutually aareed uoon ordinarily found to exist. the Contract Sum and Contract Time
shall be eauitably adiusted.
Contractor will be entitled to twenty oercent 120%) overhead and orofit on any
Change Order aooroves by the Boynton Beach CRA.
6. PERMITS AND CODES. Contractor shall be responsible to secure and pay for
all necessary permits and licenses required for Contractor's Performance and to
adhere to applicable local codes and requirements whether or not covered by the
specifications and drawing for the work, including any Contractor registration
requirements.
Page 2 of 5
7. WARRANTY. For good and valuable consideration, Contractor hereby agrees to
provide a full five-year warranty to the property owner for roof repair/replacement
and a full one-year warranty on all other work to the property owner and the
Bovnton Beach CRA for each individual Work Order under this Contract, which shall
extend to subsequent owners of the property to be improved. The warranty shall
provide that improvements, hardware and fixtures of whatever kind or nature
installed or constructed on said property by the Contractor are of good quality, and
free from defects in workmanship or materials or deficiencies subject to the warranty
contained in this paragraph provided. Contractor and Boynton Beach CRA agree,
however, that the warranty set forth in this paragraph shall apply only to such
deficiencies and defects as to which Boynton Beach CRA and subsequent owners
shall have given written notice to the Contractor. at its principal place of business,
within one (1) year* from the date of Contractor's request for final payment, stating
that all work under contract has been completed.
8. SCOPE OF WORK. Contractor acknowledges that it has prepared the
Contractor's Proposal (Part II of this Agreement) and that such proposal is accurate
and consistent as to the name of Contractor, scope of work that the Contractor will
undertake and price. Contractor acknowledges the performance requirement
established in the write-up and warrants that all work undertaken will conform to
said specifications.
See "Attachment A"
9. REMOVAL OF DEBRIS. Within five (5) days of the completion of work as
determined by the Boynton Beach CRA, Contractor shall remove all construction
debris and surplus material that was used by the Contractor for the repairs under this
Contract from the property and leave the property in a neat and broom clean
condition.
10. SUBCONTRACTORS. Contractor agrees that all the warranties contained herein
shall apply to all work performed under the Contract, including that performed by
any Subcontractors.
11. RESOLUTION OF DISPUTES. All claims or disputes between the Boynton Beach
CRA and Contractor arising out of or related to the work shall be decided by
arbitration in accordance with the construction industry arbitration rules of the
American Arbitration Association then obtaining, unless the parties mutually agree
otherwise. The Boynton Beach CRA and Contractor shall submit all disputes or
claims, regardless of the extent of the work's progress, to the American Arbitration
Association/Better Business Bureau unless the parties mutually agree otherwise.
Notice of the demand for arbitration shall be filed in writing with the other party to
this Agreement, and shall be made within a reasonable time after the dispute has
arisen. The award rendered by the arbitrator shall be final, and judgment may be
entered upon it in accordance with applicable law in any court has jurisdiction
thereof. If the arbitrator's award is in a sum which is less than that which was offered
in settlement by the Contractor, the arbitrator may award costs and attorney's fees
in favor of the Contractor. If the award of the arbitrator is in a sum greater than that
Page 3 of 5
which was offered in settlement by the Boynton Beach CRA the arbitrator may
award costs and attorney's fee in favor of the Boynton Beach CRA.
12. PROHIBITION OF KICKBACKS. The Contractor nor any of its officers, partners,
owners, agents, representatives, employees or parties in interest has in any way
colluded, conspired, connived or agreed, directly or indirectly with any other Bidder,
firm or person to submit a collusive or sham Bid in connection with the Contractor for
which the attached Bid has been submitted or to refrain from bidding in connection
with such Contract, or has in any manner, directly or indirectly, sought by
agreement or collusion or communication or conference with any other Bidder, firm
or person to fix overhead, profit or cost element of the Bid price or the Bid price of
any other Bidder, or to secure through any collusion, conspiracy, connivance or
unlawful agreement, any advantage against the Boynton Beach Community
Redevelopment Agency or any person interested in the proposed Contract; and
The price of prices quoted are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the Bidder or any of
its agents, representatives, owners, employees or parties in interest, including this
affiant.
13. INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY, MEMBERS OF LOCAL
GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No member, officer, or employee
of the Public Body, or its designees or agents, no member of the governing body of
the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the
program during his tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds thereof, for work
to be performed in connection with the program assisted under the Agreement.
14. PROHIBITION OF BONUS OR COMMISSION. The assistance provided under
this Agreement shall not be used in the payment of any bonus or commission for the
purpose of obtaining city approval of the application for such assistance.
15. ACKNOWLEDGEMENT. The above warranties are in addition to, and not in
limitation of, any and all other rights and remedies to which the Boynton Beach
CRA or subsequent owners, may be entitled, at law or in equity, and shall survive
the conveyance of title, delivery of possession of the property, or other final
settlement made by the Boynton Beach CRA and shall be binding on the
undersigned notwithstanding any provision to the contrary contained in any
instrument heretofore or hereafter executed by the Boynton Beach CRA.
Page 4 of 5
Contractor and Boynton Beach CRA hereby acknowledge acceptance of this
agreement:
Boynton Beach CRA's SIGNATURE
DATE
Boynton Beach CRA's SIGNATURE
DATE
, BOYNTON BEACH, FLORIDA 33435
ADDRESS OF THE PROPERTY to BE IMPROYED
CONTRACTOR
DATE
ADDRESS OF CONTRACTOR
BY:
CONTRACTOR SIGNATURE/TITLE
WITNESS
WITNESS
S::\C~~ ~~1\f'OIRMS\ao~ i()~'Is\IHI0Mr0~!Ef(--COOlRAC~ ~A,doc
Page 5 of 5
~~Y~T2~ eRA
East Side-West S.lde-Seas.lde Rena'lssance
eRA BOARD MEETING OF: February 12,2008
I Consent Agenda I X I Old Business I I
New Business
Public Hearing
Other
SUBJECT: Consideration of Renewing CRA Lease with Boynton Waterways Investment
Associates, LLC
SUMMARY: The CRA owns the site formerly known as the Relax Inn located at 222 N. Federal
Highway, In December 2006, the CRA entered into a lease with Boynton Waterways Investments
Associates, Inc. for a rent of $600 per month (see attached lease). Boynton Waterways is leasing the
property for their sales trailer and parking for their Promenade project.
At the time the parties entered into the lease agreement, the ad valorem taxes on the property were zero
to the CRA. Now that the property is leased, the Property Appraiser is assessing the property at market
value. The new amount of the ad valorem tax on the property is $28,000 far in excess of the $7,200 of
rental income. The lease term is until April 30, 2008.
FISCAL IMPACT: At the current rent, the CRA will be subsidizing Boynton Waterways $1,733
for the months of January through April. If Boynton Waterways or the CRA do not renew the lease,
there will be no adjustment to the taxes for this year.
RECOMMENDATIONS:
There are three possible options for the Board to consider:
1. Renew lease at current rate ($600 per month) for a one year term.
2. Renew the lease at a rate that covers all costs including taxes and insurance for an additional
year.
3. Do not renew the lease.
If the Board chooses to renew the lease, staffwill bring the new lease to the Board for review and
approval at the March meeting.
~I)~
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\0802 12 CRA Board Meeting Febnuary\Boynton Waterways Leaes Renewal.doc
LEASE
THIS LEASE ("Lease") is made as of the December 13,2006 the ("Effective Date"), by and
between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, an agency organized
and existing in accordance with Chapter 163 of the Florida Statutes herein called "Landlord," and
BOYNTON W A TERW A YS INVESTMENT ASSOCIATES, LLC, a Florida limited liability
company, herein called "Tenant."
Article 1:
Property and Term
1.1 Lease of Property. Landlord is the owner of that certain parcel or those certain.
parcels of real Propeliy (the "Property") more particularly described on EXHIBIT A, located along
North Federal Highway in Boynton Beach, Florida. Landlord hereby leases to Tenant and Tenant
hereby leases from Landlord, subject to and with the benefit ofthe temls, covenants, conditions and
provisions of this Lease, the Propel1y, together with all appurtenant rights and easements.
1.2 Term and Lease Teml Commencement. Landlord shall deliver possession of the
Property on the Effective Date. The term of this Lease (the "Lease Term") shall begin on the
Effective Date and end on April 30, 2008, unless sooner tell11inated in accordance with the
provisions hereof. Notwithstanding the foregoing, Tenant may terminate this Lease at any time by
providing Landlord with written notice of temlination at least thirty (30) days in advance of the
tennination date.
Article 2:
Rent= Security Deposit and Advance Rental.
2. I Fixed Minimum Rent. Commencing on the Effective Date, Tenant agrees to pay rent
to Landlord, at the address of Landlord, or such place as Landlord may designate by written notice to
Tenant from time to time, on the first day of each calendar month included in the Lease Term in the
amount of Six Hundred and Noll 00 Dollars ($600.00) (the "Rent") with a five (5) day grace peliod.
A One-Hundred Dollar and No/ 100 ($100.00) late fee shall be applied and owed to Landlord after
the five-day grace peliod. Checks should be made out to the Boynton Beach Community
Redevelopment Agency. ,.J
2.2 Security Deposit. Landlord acknowledges receipt fi'om Tenant as of the date hereof of
the sum of Six Hundred and Noll 00 Dollars ($600.00) (the "Security Deposit") to be held as
security for the payment of Rent and all other sums payable by Tenant under this Lease and for the
faithful performance of all covenants of Tenant hereunder. Provided that Tenant is not in default
beyond any applicable grace or cure periods set forth herein, the Security Deposit, without interest,
shall be refunded to Tenant at the expiration or earlier termination ofthe Teml, fllliher provided that
Tenant shall have made all such payments and perfonned all such covenants. Upon any default by
Tenant hereunder, all or pali of such Security Deposit may, at Landlord's sole option, be applied on
account of such default, and thereafter Tenant shall promptly restore the resulting deficiency in such
Security Deposit.
2,3 Advance Rental. Simultaneous with the execution of this Lease, Tenant shall pay to
Landlord the sum of Six Hundred and No/IOO Dollars ($600.00) ("Advance Rental"), which
Advance Rental shall be applied to the Rent for the first month of the Tenn.
Article 3:
Insurance. and Utilities
3.1 Insurance. During the Term of this Lease, Tenant at its sole cost and expense, and for
the mutual benefit of the Landlord, shall carTY and maintain the following types of insurance in the
amounts specified in the name of the Tenant:
(a) Comprehensive public liability insurance, including personal property damage,.
insuring Tenant and naming Landlord as an additional insured, against liability for injury to persons
or property damage occlllTing in and or about the Property or arising out of the ownership,
maintenance, use or occupancy thereof. The liability covered under such insurance shall not be less
than a combined single limit of $1 ,000,000.00 for bodily injUlY and/or property damage.
3.2 Utilities. The tem1 "Utilities" shall include, without limitation, water, gas, electIicity,
telephone and sewer services. Tenant shall pay for all Utilities and related services rendered or
furnished to the Property during the Lease Term. Tenant shall have the right, throughout the Lease
Tenn, and with sufficient written notice to Landlord, to install, replace, maintain and use sllch
additional utility lines, conduits and faci lities, so long as such activities are conducted in accordance
with all applicable City and public utility rule and regulations, and Landlord agrees to grant to utility
companies (public or private) providing said utility lines, facilities and/or service to the Property,
non-exclusive rights and easements to install, replace, relocate, repair, operate and maintain lines,
pipes, wires, conduits and other facilities (together with the right of ingress and egress and other
rights appurtenant thereto), on, under, across and within the Propel1y, as may from time to time be
necessary or desirable to supply the Property with the Utilities, so long as such grant of non-
exclusive rights and easements does not prejudice Landlord in any way.
Article 4: Use. Alterations. Maintenance and Sienaec
4.1 Use: Alterations. Landlord aCknow1edges that so long as Tenant complies with all
City of Boynton Beach land use regulations, Tenant may install a temporary sales trailer on the
Proper1y, which Tenant may locate anywhere on the Property and which may, at Tenant's sole
discretion and expense, be improved with landscaping, parking areas, curb stops and other items
reasonably related to Tenant's use of the Property for sales purposes, so long as such improvements
comply with City of Boynton Beach land use regulations.
4.2 Tenant's Maintenance Obligations. Tenant shall be solely responsible for
maintaining, at its sole cost and expense, all Utilities and improvements to the Property installed by
Tenant, and all landscaping on the Propel1y. The provisions of this paragraph shall not apply in the
case of damage or destruction by fire or other casualty or by eminent domain, in which event the
obligations of Tenant shall be controlled by AI1icle 7 of this Lease.
4.3 Sigtlage. Tenant shall have the right to install signage on the exterior of its sales
trailer and anywhere on the Proper1y to the full extent permitted by applicable code. No consent of
2
Landlord shall be required for any such signage and to the best of its ability, Landlord agrees to
provide all assistance reasonably requested by Tenant in connection with Tenant's applications for
any sign permits.
Article 5:
LandIOl"d's Representations and Covenants.
5.1 Landlord's Representations. Landlord, in order to induce Tenant to enter into this
Lease, hereby represents:
5.1.1 To the best of Landlord's knowledge, there are no Hazardous Substances
(defined below) on, under, above or about the Property, and the Landlord has not received any.
notice with respect to, and has no knowledge of, any facts which would constitute violations of any
environmefltallaws relating to the lise, ownership or occupancy of the Propeliy.
5.1.2 Landlord is duly organized and validly existing under the laws of Florida and
has full power and authority to conduct its business as presently conducted and to enter into this
Lease.
5.1.3 Landlord is the sole fee simple owner of the Property and has good and
marketable title thereto.
5.1.4 Landlord is not a party to any agreement or litigation which could adversely
affect the ability of Landlord to perform its obligations under this Lease or which would constitute a
default on the part of Landlord under this Lease, or otherwise adversely affect Tenant's rights or
entitlements under this Lease.
5.1.5 To the best of Landlord's knowledge, the Property is zoned to pemlit the use
and operation of the Propeliy as a sales center and that there are no easements, covenants,
conditions or restrictions of record which will impede or prohibit Tenant's exercise of its rights
hereunder. If at any time during the Lease Term, the zoning llse applicable to the Propeliy should
be changed in such a manner as to require Tenant to cease operating its intended use of the Propel1y,
then Tenant may terminate this Lease immediatclfby giving Landlord written notice thereof.
5.2 Landlord's Covenants. Landlord covenants at all times during the Lease Term and
such further time Tenant occupies the Propeliy or any pali thereof pursuant to the tenns of this
Lease:
5.2.1 to permit Tenant to lawfully, peaceably and quietly have, hold, occupy and
enjoy the Property and any appUlienant rights granted to Tenant under this Lease during the Lease
Tenn without hindrance or ejection by Landlord or the successors or assigns of Landlord or anyone
acting by, through or under Landlord (including without limitation any mortgagee of Landlord).
5.2.2 to hold harmless, indemnify, protect and defend Tenant, its officers, directors,
partners, employees and agents from all liability, penalty, losses, damages, costs, expenses, causes
of action, claims, and/or judgments arising by reason of any breach of any of Landlord's obligations
hereunder. However, Landlord does not waive its sovereign immunity rights and Landlord's
3
indemnification obligations shaIl not exceed the statutory limits provided within Section 768.28,
Florida Statutes.
Article 6: Tenant's Affirmative and Nee:ative Covenants
6.1 AffiInlative Covenants. Tenant covenants at all times during the Lease Teml:
6.1.1 To perfoIn1 all of the obligations of Ten ant set forth in this Lease.
6.1.2 To comply with aU statutes, ordinances, rules orders, regulations and
requirements of the federal, state and city government and all their departments and bureaus.
applicable to the Property.
6.1.3 To procure all necessary permits before undertaking any work on the
Property; to perfonn such work in a good and workmanlike manner, employing materials of good
quality; to comply with all govenU11Cntal requirements; and to save Landlord harmless and
indemnified from all injury, loss, claims or damage to any person or Prope11y occasioned by or
growing out of such work.
6.1.4 To hold hannless, indemnify and defend Landlord, its officers, employees
and agents from all liability, penalties, losses, damages, costs, expenses, causes of action, claims,
and/or judgments arising (i) by reason of any death, bodily injury, personal injury or Property
damage occUlTing on the Property during the Lease Term, except to the extent caused by Landlord,
its agents or employees: or (ii) breach of any of Ten ant's obligations hereunder.
6.1.5 At the tennination of this Lease, peaceably to give up and surrender the
Property, and to remove any improvements, alterations and additions made by Tenant during the
Lease Term if Landlord so desires such removal.
6.1.6 To keep the Property free from any mechanic's liens arising out of work
undel1aken at the Property by Tenant. If any such claim of lien is recorded against the Property,
Tenant shall bond against or discharge same withitlJ'thil1y (30) days after written notice to Tenant of
the recording of the lien.
6.2 Negative Covenants. Tenant covenants at all times during the Lease Tem) not to
bring any Hazardous Substance upon the Property, unless the following conditions are met: approval
in writing by the CRA; compliance with City of Boynton Beach Land Development Code Section
6.E; any such Hazardous Substance is properly contained and stored; and to be used or sold for
lawful purposes in compliance with all applicable governmental laws, ordinances, rules and
regulations. Landlord reserves the right to not approve Tenant bringing Hazardous Substances upon
the Property. Tenant shall indemnify and hold Landlord hannless from and against any claims,
damages, costs, expenses or actions which arise out of any breach of this provision, including any
attorneys' fees and costs incurred with respect to same, and such indemnity shall survive the
tennination of this Lease. The teml "Hazardous Substance" as used herein shall mean any
substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material,
a hazardous or toxic substance, or other similar tenn, by any federal, state or local environmental
4
statute, regulation or ordinance presently in effect of which may be promulgated in the near future, as
such statutes, regulations and/or ordinances may be supplemented or amended from time to time.
Article 7: Damal!e and Destruction: Condemnation
7. I Fire or Other Casualty. If during the term hereof, Tenant's improvements to the
Property shall be damaged or destroyed by tire or other casualty not caused by Tenant, Tenant shall
have the right in its sole discretion to tel111inate this Lease by giving notice thereof to the other party
not later than sixty (60) days after such damage or destruction. In the event ofthe tennination of this
Lease pursuant to this Section, this Lease, and the term hereof, shall cease and come to an end as of
the date of such damage or destruction. Any Rent or other charges paid in advance by Tenant relating.
to a period following the date of such damage or destruction shall be promptly refunded by Landlord.
Tenant shall be responsible for removal and clean-up of any damaged property that remains after
such destruction or casualty. In the event that Tenant does not elect to terminate the Lease following
casualty, Tenant shall, at its cost, proceed to repair such damage and restore the Property to
substantially its condition at the time of such damage.
7.2 Eminent Domain. If, after the execution and before the tel111ination of this Lease any
pOltion of the Property is taken by eminent domain or conveyed in lieu thereof, the Lease Tem1 shall,
at the option of Tenant, cease and terminate as of the day possession shall be taken by the acting
govemmental or quasi-governmental authority. Such option to terminate shall be exercisable by
Tenant giving written notice to Landlord within thirty (30) days after the date of taking, which notice
shall provide for a termination date not later than ninety (90) days after the date oftaking and Tenant
shall pay Renl up to the tennination date identified in the notice, and Landlord shall refund such Rent
and any other charges payable under this Lease as shall have been paid in advance and which cover a
period subsequent to the termination date.
Article 8: Tenant and Landlord Defaults
8.1 Tenant Defaults. If Tenant shall neglect or fail to perform or observe any of Ten ant's
covenants and if such neglect or failure shall contY1Ue after notice, in the case of Rent or other
charges payable under this Lease for more than ten ([ 0) days after Tenant's receipt ofwritten notice
of such failure, or in any other case for more than thilty (30) days after Tenant's receipt of written
notice of such failure or sllch longer time as may be reasonably required to cure because of the nature
of the default (provided Tenant must have undertaken procedures to cure the default within such
thirty (30) day period and thereafter diligently pursues such effort to completion); then, and in any of
said events ("Event of Default") Landlord may, immediately or at any time thereafter, pursuant to
summary disposition or other legal proceedings, enter into and upon the Propeliy or any part thereof,
and repossess the same, and expel Tenant and those claiming through or under Tenant, and remove
any personalty left by Tenant (or anyone claiming an interest by through or under Tenant) without
being deemed guilty of any manner of trespass, and without prej udice to any remedies which might
otherwise be used for alTears of rent or preceding breach of covenant, and Landlord shall also have
the option, at any time, of terminating this Lease upon written notice to Tenant. In the event that
Landlord terminates this Lease or repossesses the Property due to an Event of Default, Tenant shall
(i) remain liable for all rental and other obligations accruing up to the date of sllch repossession or
tem1ination, and (ii) be liable to landlord for all reasonable costs actually inclIlTed in connection with
5
the repossession and re-Ietting ofthe Property (including, without limitation, reasonable attomeys'
and brokerage fees, and (iii) remain liable for the payment ofa1l its Rent payable hereunder for the
balance of the unexpired teml of this Lease. In addition, Landlord shall have all available remedies at
law or in equity in the event of Tenant's default.
8.2 Landlord's Default. If Landlord shall fail to perf01l11 or observe any of the
representatioils, covenants, provisions, or conditions contained in this Lease on its pali to be
perfonned or observed, which default continues for a period of more than thirty (30) days after
receipt of written notice from Tenant specifying such default, Tenant may at its option (in addition to
a1l other rights and remedies provided Tenant at Jaw, in equity or hereunder), terminate this Lease
upon written notice to Landlord.
Article 9: Miscellaneous Provisions
9.1 Notices from One Party to the Other. Any notice, request, demand, consent. approval
or other communication required or pennitted under this Lease sha1l be in writing and shall be
deemed to have been given: (a) when delivered by reputable express mail courier service providing
eonfinnation of delivery (e.g. U.P.S. or Federal Express) to the address set fOlih bcJow; or (b) on the
third (3rd) business day after being properly deposited in United States registered or celtified mail,
retum receipt requested, postage prepaid, and addressed as set forth below; or (c) the date any
delivery in the manner described in (a) or (b) above is refused. Either party hereto shall have the
right to change, at anytime, its address for notice as aforesaid upon at least ten ( I 0) days prior wlitten
notice thereof given to the other party. Addresses for notice are as follows:
IF TO LANDLORD:
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
WITH A COPY TO:
,.J
Lewis, Longman & Walker, P.A.
Kenneth G. SpiHias, Esq.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 3340 I
IF TO TENANT:
Boynton Waterways Investment Associates, LLC
c/o Panther Real Estate Partners
333 S. Miami Avenue, Suite 150
Miami, Florida 33130
9.2 Brokerage Indemnities. Landlord and Tenant hereby represent and warrant, each to
the other, that they have not disclosed this Lease or the subject matter hereof to, and have not
otherwise dealt with, any broker, finder or any other person, firm, corporation or other legal entity so
6
as to create any legal right or claim of whatsoever kind or nature for a commission or similar fee or
compensation with respect to the Property or this Lease. Landlord and Tenant hereby indemnify
each other against, and agree to hold each other harmless from, any liability or claim (and all
expenses, including attorneys' fees, incurred defending any such claim or in enforcing this
indemnity) for a real estate brokerage commission or similar fee or compensati'on arising out of or in
any way connected with any claimed dealings with the indemnitor and relating to the Property or this
Lease. The provisions of this Section shall survive the expiration or sooner termination of this
Lease.
9.3 Legal Expenses. If either party hereto defaults in the perfonl1ance of any ofthe terms,
provisions, covenants and conditions of this Lease and by reason thereof, the other patty employs an .
attomey to enforce performance of the covenants or to perform any service based upon defaults, then
in any of said events, the prevailing party shall be entitled to reasonable attorney's fees and all
expenses and costs incurred by the prevailing patty pertaining thereto and in enforcement of any
remedy, including appeal.
9.4 Miscellaneous. Should any provision of this Agreement prove to be invalid or illegal.
such invalidity or illegality shall in no way affect, impair or invalidate any other provision hereof,
and such remaining provisions shall remain in full force and effect. This Agreement is binding upon
the successors and assigns ofthe parties hereto and inures to the benefit of the permitted successors
and assigns. Time is of the essence with respect to the performance of every provision of this
Agreement in which time of performance is a factor. This Agreement incorporates the entire
agreement of the parties and may be amended only by a writing signed by the party to be charged.
9.5 Applicable Law and Construction This Lease shall be governed by and construed in
accordance with the laws of Florida. Venue for any action between the parties shall be in Palm
Beach County, Florida. There are no oral or written agreements between Landlord and Tenant
affecting this Lease. This Lease may be amended only by instruments in writing executed by
Landlord and Tenant. The titles of the several Alticles and Sections contained herein are for
convenience only and shall not be considered in construing this Lease.
.J
9.6 No Construction Against Preparer. 'This Lease has been prepared by Tenant and its
professional advisors and reviewed and reviewed by Landlord and its professional advisors.
Landlord, Tenant and their separate advisors believe that this Lease is the product of their joint
efforts, that it expresses their agreement, and that it should not be interpreted in favor of either
Landlord or Tenant or against either Landlord or Tenant merely because of their efforts in its
preparation.
9.7 Binding Effect of Lease. The covenants, agreement and obligations herein contained,
except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit ofthe
parties hereto and their respective heirs, personal representatives, administrators, successors and
asslgtls.
9.8 Assignment/Subletting. Tenant shall have the right at any time, without the consent
of but with written notice to Landlord, to sublease or license the Propelty or pOJtions thereof, or to
assigtl this Lease, to any entity under common control with Tenant. Any other sublease or
7
assignment shall require the prior written consent of Landlord, which shall not be unreasonably
withheld, conditioned or delayed.
9.9 Effect of Unavoidable Delavs. If either party to this Lease, as the result of any (i)
strikes, lockouts or labor disputes, (ii) inability to obtain labor or materials or reasonable substitutes
therefor, (iii) acts of God, govemmental action, condemnation, civil commotion, fire or other
casualty, or (iv) other conditions similar to those enumerated in this Section beyond the reasonable
control, other than financial, of the party obligated to perform, fails punctually to perform any
obligation on its pm1 to be perfom1ed under this Lease, then such failure shall be excused and not be
a breach of this Lease by the pal1y in question, but only to the extent occasioned by such event. If
any right or option of either party to take any action under or with respect to this Lease is conditioned.
upon the same being exercised within any prescribed period of time or at or before a named date,
then such prescribed period oftime and such named date shall be deemed to be extended or delayed,
as the case may be, for a period equal to the period of the delay occasioned by any event described
above.
~.J
8
. I
IN WITNESS WHEREOF, the parties have executed this instrument the day and year first
above written.
Zo~
Name Printed: L '$A. BJZ.t?tf-r
4f-l ~
Name Printed:
1Wbert -r: 'ReardOn
LANDLORD:
BOYNTONBEACHCO~TY
REDEVELOPMENT AGENCY
~/ -
By: -/,~
Its: .c 1-1 A I ~AAAIJ
Date: 1"2,. - I 2..-D(;,
TENANT:
Witnesses:
BOYNTON W A TERW A YS
INVESTMENT ASSOCIATES, LLC,
a Florida limited liability company
.it~
By: Panther Waterways, LLC, a Florida
limited liability company and its
Member
Name :Pnnted:
By:
Its:
Date.
,J'
9
East Side-West S'lde-Seas.lde Renaissance
eRA BOARD MEETING OF: February 12,2008
I I Consent Agenda I X I Old Business
New Business
Public Hearing
Other
SUBJECT: Splashdown Dive Shop Lease Extension
SUMMARY: At the regular meeting held on March 13, 2007, the CRA Board approved a lease
agreement with Splashdown Divers, Inc. for the CRA owned retail space located at 700 Casa Lorna
Boulevard. The current lease is set to expire on March 31, 2008.
The retail space is approximately 1,251 sqft in size and occupies the majority of leasable space on the
first floor of the building. The current lease rate is $1,500.00 per month and a total of $1,597.50
including sales tax. To date, the CRA has made no significant capital improvements or interior upgrades
to the existing building.
The attached Lease Amendment is for a one year extension at the current rate ending May 31, 2009. All
other lease terms remain the same.
At the Board's discretion, staff is providing the following options:
Option 1:
Option 2:
Renew the lease for the term of one year at the current rate.
Terminate the lease agreement.
FISCAL IMPACT:
FY 07-08 Budget Annual Revenue is $18,000.00 and does not reflect an
mcrease.
RECOMMENDATIONS: Provide Staff with Direction.
~~ ~^i..
Executive Director
/7
tJ?
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY
2007 - 2008 Board Meetings\08 02 12 CRA Board Meeting February\Splashdown Dive Shop Lease Renewa1.doc
INTERIM LEASE AGREEMENT
THIS INTERIM LEASE AGREEMENT (hereinafter referred to as the "Lease") made
and entered into this _ day of , 2007, by and between the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created
pursuant to Chapter 163, Part 111, of the Florida Statutes ("Lessor"), whose address for
the purposes hereof is 915 S. Federal Highway, Boynton Beach, Florida 33435, and
SPLASHDOWN DIVERS, INC., a Florida Corporation ("Lessee"), whose address for
the purposes hereof is 700 Casa Lorna Blvd., Boynton Beach, Florida 33435, provides as
follows:
1. PURPOSE. The purpose and intent of this Lease is to enter into an interim
agreement prior to and during Lessor's renovations (discussed below) of the Leased
Premises (defined below). Upon completion of the renovations, Lessor and Lessee agree
to negotiate a longer-tern, more specific lease agreement.
2. LEASED PREMISES. Subject to and upon the terms, provisions, covenants and
conditions hereinafter set forth, and each in consideration of the duties, covenants and
obligations of the other hereunder, Lessor does hereby lease, demise and let to the Lessee
and Lessee does hereby lease, demise and let from the Lessor those certain premises at
the building located at 700 Casa Lorna Blvd., First Floor (with the exception of the
Seamist Office), Boynton Beach, Florida 33435 (the "Premises" or "Leased Premises" as
further described on Exhibit "A" attached hereto). Lessor shall also lease to Lessee the
same boat slip Lessee has been utilizing. A separate boat slip lease agreement shall be
entered into so that the boat slip term coincides with this Lease Term.
3. TERM. The term of this Lease, and Lessee's obligations under this Lease, unless
otherwise expressly set forth herein, shall commence on April 1, 2007 ("Commencement
Date"). Lessee's obligation to pay rent (as defined below) shall commence on the
Commencement Date. The term of this Lease shall expire on March 31, 2009 (the "Lease
Term") unless otherwise agreed to in writing by the parties.
4. RENOVATIONS. During the Lease Term, Lessee and Lessor agree that
Lessor shall have the right to renovate and/or perform construction upon the Premises.
Upon receipt of a written notice to vacate, Lessee shall have thirty (30) days in which to
remove all of Lessee's items from the Premises. Lessee shall be notified in writing upon
completion of construction by Lessor and be provided with immediate access, or
reasonable access as otherwise set forth within such written notice, to return. to the
Premises. Lessor shall use its best efforts to complete said construction within eight
months but cannot guarantee this time frame.
5. SECURITY. Upon execution of this Lease Agreement, Lessee has deposited
with Lessor the sum of Two-Thousand Five Hundred Dollars ($2,500.00) as a refundable
security deposit for the performance by Lessee of the terms of this Lease.
6. RENT. During the term ofthis Lease, the Lessee agrees and covenants to pay to
Lessor rent of One Thousand Five-Hundred Dollars ($1,500.00) per month plus sales tax,
thereby totaling One Thousand Five Hundred and Ninety-Seven Dollars and Fifty Cents
($1,597.50) on or before the 10th of each month with a five-day grade period. Checks
should be made out to the "Boynton Beach Community Redevelopment Agency." A late
fee of One-Hundred Dollars ($100.00) shall be applied to any rent payments which are
more than five (5) days late. Lessor reserves the right to increase the rent payment at the
end of the Lease Term. Lessor shall be responsible for the provision and payment of
utilities, which includes electricity, water and garbage pickup. No rental payments shall
be due or owing for any period during which Lessee is out of the Leased Premises due to
construction or renovations being done by Lessor at Lessor's request.
6.1 Upon completion of said renovations (as referenced in paragraph 4 above),
if the rental square footage is less than on the Commencement Date, then the Rent shall
be reduced in proportion to the area of the Leased Premises so taken.
6.2 Any and all taxes shall be paid by the Lessor and the Lessee shall reimburse the
Lessor within 30 days of payment or the Lease is considered to be in default.
7. USE. Lessee shall use the Leased Premises for the sole purposes of operating a
full service dive center. Lessee shall comply with all laws, ordinances, rules and
regulations of applicable governmental authorities respecting the use, operation and
activities of the Leased Premises, and the Common Areas, and Lessee shall not make,
suffer or permit any unlawful or improper use of the Leased Premises or Common Areas,
or any part thereof.
8. COMMON AREAS. The "Common Areas" are defined as the parking areas,
entrances, and all other areas except for the actual Leased Premises and the real property
upon which it is located (as shown on Exhibit A) devoted to the common use of all
tenants. Public parking for use by Lessee and Lessee's customers is provided in the
adjacent Marina Village garage. Lessee may not place any furniture, equipment or any
other items in the Common Areas.
9. ALTERATIONS TO THE PREMISES. Lessee shall not make any alteration
or addition to the Leased Premises without first obtaining the express prior written
consent of Lessor.
10. TENANT IMPROVEMENTS. Lessee, at Lessee's expense, may only make
those certain interior leasehold improvements to the Leased Premises in accordance with
and pursuant to plans and specifications approved in writing in advance by Lessor. Any
interior improvements made to the Leased Premises without Lessor's written approval
shall constitute a default of this Lease.
11. ASSIGNMENT. MORTGAGING. SUBLETTING. ATTORNMENT. Lessee
shall not directly or indirectly assign, create a security interest in, pledge, mortgage, or
encumber any legal or equitable interest in the Lease, in whole or in part, or sublet the
whole or any part of the Premises, or permit the use of the whole or any part hereof by a
license or concessionaire or any person without first obtaining the express prior written
approval of Lessor.
12. INSPECTION. The Lessee agrees and covenants that the Lessor, or its agents, at
all reasonable times and upon reasonable notice to the Lessee shall have free access to the
Leased Premises for the purpose of examining or inspecting the condition of the same or
of exercising any right of power of this Lease, or for the purpose of making alterations or
repairs to the Premises of which the Premises are a part or to exhibit said Premises prior
to the expiration of this Lease. Lessee shall provide a set of keys to Lessor for such
purposes. Lessor agrees that it will not unreasonably interfere with the conduct of
Lessee's business during such necessary inspections.
13. CASUALTY. In the event the Leased Premises shall be destroyed, damaged or
injured by fire or other casualty during the life of this Lease, then the Lessor shall, at
Lessor's option have the right to render the Leased Premises untenantable ninety (90)
days therefrom. If the Leased Premises are not rendered tenantable within said time, or if
Lessor shall decide not to restore the Premises, Lessor shall cancel this Lease, and in the
event of such cancellation, the Rent shall be paid only to the date of such fire or casualty.
All costs of casualty repair; herein mentioned shall be paid by Lessor at its own expense
unless Lessee caused such destruction, damage or fire and in that case Lessee shall be
fully responsible for all costs associated therewith. If the Leased Premises are rendered
untenantable, and such untenantability continues for ninety (90) days, Lessee, at Lessee's
option may terminate the Lease as of the date of the casualty occurrence only if the
Leased Premises cannot be used for Lessee's intended use. The cancellation herein
mentioned shall be evidenced in writing. Base Annual Rent and Additional
Rent (collectively "Rent") shall not be due and owing for the period of untenantability,
however if the Leased Premises are not untenantable, Rent shall continue to be due and
payable.
14. SIGNS. No sign or visual advertisement shall be placed on the exterior of the
Premises (unless already installed on the Premises upon the start of the lease Term)
without first obtaining the express prior written consent of Lessor, however, Lessee shall
be entitled to have signage on the door of the Premises consistent with door signage
utilized by other tenants and as approved by Lessor; such signage to be at Lessee's
expense.
15. REPAIR. Any and all repairs of whatever kind or nature, the value of which
exceeds $75.00 (Seventy-five dollars) made necessary to the Leased Premises, including,
but not limited to, all electrical, plumbing, heating, air-conditioning and other mechanical
installations therein, and all doors and all plate glass and door window glass, shall be the
sole responsibility of the Lessor and Lessor will use its best efforts to promptly make
such repairs upon receipt of written notice.
16. EVENTS OF DEFAULT. The occurrence of any of the following shall, in
addition to any other events of default provided herein, constitute an event of default
hereunder and the parties shall have all remedies available at law or equity and as set
forth herein:
16.1 The filing of a petition by or against Lessee for relief under the
Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee
of Lessee or Lessee's property; or an assignment by Lessee for the benefit of creditors; or
the taking possession of the property of Lessee by any governmental officer or agency
pursuant to statutory authority for the dissolution or liquidation of Lessee; or if a
temporary or permanent receiver or trustee shall be appointed for Lessee or for Lessee's
property and such temporary or permanent receiver or Trustee shall not be discharged
within ninety (90) days from the date of appointment; or any other execution, levy,
attachment or other process of law upon Lessee's interest in the leasehold estate or any
part thereof; or if any judgment entered against Lessee has not been satisfied or bonded
within ninety (90) days of the date of the judgment.
16.2 Failure of Lessee to pay when due without notice any installment of rent
hereunder, or any other sum herein required to be paid by Lessee. Notwithstanding the
foregoing, Lessee shall have fifteen (15) days to cure after receiving written notice of
such default.
16.3 Failure of Lessee to perform or observe any other agreement or condition
on Lessee's part to be performed or observed as stated herein and Lessee fails to cure
such default within twenty (20) days after the mailing of notice via certified mail of said
default by Lessor.
17. LANDLORD'S REMEDIES. Upon the occurrence of any event or events of
default or other breach of this Lease by Lessee, Lessor shall have the right, at its election,
to cancel and terminate this Lease and dispossess Lessee, but only after giving the Lessee
twenty (20) days written notice to cure any default. Landlord shall have all available
remedies at law or in equity in the event of default.
18. QUIET ENJOYMENT. Upon payment by Lessee of all rent herein provided,
and upon the observance and performance of all terms, provisions, covenants and
conditions on Lessee's part to be observed and performed, Lessee shall, subject to all of
the provisions, covenants and conditions of this Lease, be entitled to peaceably and
quietly hold and enjoy the Leased Premises for the term hereby demised. However,
Lessee hereby acknowledges that construction may occur on or around the Leased
Premises and therefore, quiet enjoyment may not be possible during such construction.
Any such noise or disruption caused by construction shall not constitute a default of this
Lease.
19. SUBORDINATION. ATTORNMENT. AND ESTOPPEL STATEMENT.
Lessee agrees that this Lease shall be subordinate any mortgages or trust deeds or any
other security interest which has been or that may hereafter be placed upon the Premises
by the Lessor, and to the interest and all obligations secured by them, and to all renewals,
replacements and extensions of them. The provisions of this paragraph shall be self-
operative, but Lessee covenants and agrees that upon request by Lessor, Lessee shall
execute all documents necessary to evidence its subordinate position regarding this Lease
and all of Lessee's rights hereunder.
19.1 If any mortgagee comes into possession or ownership of the Premises, or
acquires Lessor's interest by foreclosure of a mortgage or otherwise, Lessee will attorn to
such mortgagee. If any mortgagee shall request reasonable modifications to this Lease as
a condition to disbursing any monies to be secured by a mortgage encumbering the
Premises, Lessee agrees that, within fifteen (15) days after such a request from Lessor,
Lessee shall execute and deliver to Lessor an agreement, in form and substance
satisfactory to Lessor and to said mortgagee, evidencing such modifications; provided,
however, that such modifications do not increase Lessee's monetary obligations under
this Lease or materially adversely affect Lessee's leasehold interest granted by this Lease.
19.2 _Within fifteen (15) days after request by Lessor or any mortgagee of Lessor, then
Lessee shall deliver in recordable form a statement to Lessor, any such mortgagee
or to such other party as requested by Lessor, certifying that the Lease is in full force and
effect, that Lessee is in possession, that Lessee has commenced the payment of rent, and
that there are no defenses or offsets to the Lease claimed by Lessee, or if claimed, the
nature of such defenses or offsets, and any other information required by Lessor. In
addition, Lessee shall provide Lessor within ten (10) days written notice from Lessor, any
and all financial information regarding Lessee and any Guarantors of the Lease which
may be reasonably requested by Lessor or Lessor's mortgagee in connection with any
financing or refinancing of the Premises or in connection with Lessor's due diligence with
respect to the financial capacity of Lessee, and the Guarantor.
20. HAZARDOUS MATERIALS. Lessee shall not store or dispose of any
hazardous material or waste in or about Premises. Lessee shall indemnify and hold Lessor
harmless from and against any claims, damages, costs, expenses or actions which arise
out of any breach of this provision, including any attorneys' fees and costs incurred with
respect to same, and such indemnity shall survive the termination of the Lease.
Lessee warrants and represents that it will, during the period of its occupancy of the
Premises under this Lease, comply with all federal, state and local laws, regulations and
ordinances with respect to the use, storage, treatment, disposal or transportation of
Hazardous Substances. Lessee shall indemnify and hold Lessor harmless from and
against any claims, damages, fines, judgments, penalties, costs, liabilities or losses
(including, without limitation, reasonable attorneys' fees and costs) arising from the
breach of the preceding warranty and representation. The provisions of this Section shall
be in addition to any other obligations or liabilities Lessee may have to Lessor at law and
equity and shall survive termination of this Lease.
21. BROKERS. Lessor and Lessee each represent and warrant to the other that
neither party has consulted, dealt or negotiated with any real estate broker, salesperson or
agent to whom Lessor agrees to pay a fee pursuant to separate agreement.
22. WAIVERS. The failure of Lessor to insist, in anyone or more instances upon a
strict performance of any of the covenants of this Lease, including the acceptance of a
lesser amount of rent, or to exercise any option or remedy herein contained, shall not be
construed as a waiver or a relinquishment for the future such covenant, option, or
remedy, but the same shall continue and remain in full force and effect.
23. INDEMNIFICATION. In consideration of said Premises being leased to
Lessee, Lessee agrees: that Lessee, at all times will indemnify and keep harmless Lessor
from all damages, liabilities and expenses, which may arise or-be claimed against Lessor
and be in favor of any persons, firms or corporations, for any injuries or damages to the
person or property of any person, firms or corporations, consequent upon or arising from
the use or occupancy of said Premises by Lessee, or consequent upon or arising from any
acts, omissions, neglect or fault of Lessee, its agents, servants, employees, licensees,
visitors, customers, patrons or invitees, or consequent upon or arising from Lessee's
failure to comply with any laws, statutes, ordinances, codes or regulations as herein
provided; that Lessor shall not be liable to Lessee for any damages, losses or injuries to
the person or property of Lessee which may be caused by the acts, neglect, omissions or
fault of any persons, firms or corporations, except when such injury, loss or damages
results from gross negligence of Lessor, its agents or employees, and the Lessee will
indemnify and keep harmless Lessor from all damages, liabilities, losses, injuries or
expenses which may arise or be claimed against Lessor and be in favor of any persons,
firms or corporations, for any injuries or damages to the person or property of any person,
firms or corporations, here said injuries or damages arose about or upon said Premises, as
a result of the negligence of Lessee, its agents, employees, servants, licensees, visitors,
customers, patrons and invitees. All personal property placed or moved into the Leased
Premises shall be at the. risk of Lessee or the owners thereof, and Lessor shall not be
liable to Lessee for any damages to said personal property.
24. INSURANCE. Lessee shall maintain, with respect to the Leased Premises,
comprehensive general liability insurance with limits of not less than One Million Dollars
($1,000,000.00) for injury or death from one accident. A copy of the policy or a
certificate of insurance shall be delivered to Lessor on or before the commencement date
and no such policy shall be cancelable without ten (10) days prior written notice to
Lessor. During any such time Lessee is required to be out of the Leased Premises at the
request of Lessor, Lessor shall be responsible for payment of comprehensive general
liability insurance as set forth within this paragraph in the form of reimbursement to
Lessee or credit towards Rent.
25. SURRENDER OF PREMISES. Lessee agrees to surrender to Lessor, at the end
of the term of this Lease or any extension thereof, and/or upon any cancellation of this
Lease, said Leased Premises in as good condition as said Leased Premises were at the
beginning of the Term of this Lease, ordinary wear and tear excepted.
26. SUCCESSORS. This Lease shall bind the parties and their assigns or successors,
and their heirs, assigns, administrators, legal representative, executors, or successors as
the case may be of the Lessee.
27. TIME. It is understood and agreed between the parties hereto that time is of the
essence of this Lease and this applies to all terms and conditions contained herein.
28. ACTS OF GOD. ETC. Lessor shall be excused for the period of any delay in the
performance of any obligations hereunder when prevented from so doing by cause or
causes beyond Lessor's reasonable control which shall include, without limitation, all
labor disputes, civil commotion, civil disorder, riot, civil disturbance, war, war-like
operations, invasion, rebellion, hostilities, military or usurped power, sabotage,
governmental regulations, orders, moratoriums, or controls, fire or other casualty,
inability to obtain any material, services or acts of God.
29. NOTICE. Any notice required or permitted to be given under this Lease must be
in writing and may be served and shall be deemed to have been served (i) by depositing
same in the United States mail, addressed to .the party to be notified, postage prepaid and
registered or certified with return, receipt requested; (ii) by delivering the same in person
to the party and obtaining a receipt therefore; or (iii) by depositing the same into the
custody of a nationally recognized overnight delivery service, addressed to the pasty to be
notified. For purposes of notice, the addresses of the parties shall be as follows:
If to Lessor to:
Boynton Beach Community Redevelopment Agency
915 S . Federal Highway
Boynton Beach, Florida 33435
Attn: Lisa Bright, Executive Director
With a copy to:
Kenneth G. Spillias, Esq.
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
If to Lessee to:
Splashdown Divers, Inc.
700 Casa Lorna Blvd.
Boynton Beach, Florida 33435
Attn: Lynn Simmons
From time to time either party may designate another address by giving the other party no
less than ten (10) days advance notice of such change of address in accordance with the
provisions hereof.
30. LAWS. This Lease is made under the laws of the State of Florida. Venue for any
action between the parties hereto shall be in Palm Beach County, Florida.
31. AGREEMENT. This Lease contains the entire agreement between the parties
and no amendment or modification of this Lease shall be binding or valid unless
expressed in a separate writing executed by both parties hereto.
32. ATTORNEYS FEES. The prevailing party in any litigation arising from or
related to this Lease shall be entitled to recover its reasonable attorneys' fees and costs at
all trial and appellate levels.
33. RECORDATION. Lessee or Lessor shall not record in any public record this
Lease or any part or memorandum thereof, without the express advance written approval
of the other party.
34. RADON GAS DISCLOSURE. Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building- in sufficient quantities, may present health
risks to who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit.
35. HOLDING OVER. In the event that Tenant or anyone claiming under Tenant
shall continue occupancy of the Leased Premises after the expiration of the term of this
Lease or any renewal or extension thereof without any agreement in writing between
Landlord and Tenant with respect thereto, such occupancy shall not be deemed to extend
or renew the term of the Lease, but such occupancy shall continue as a tenancy at will,
from month to month, upon the covenants, provisions and conditions herein contained. In
such case, the rental shall double the rental amount in effect during the term of this Lease
as extended or renewed, prorated and payable for the period of such occupancy.
36. INVALIDITY OF PARTICULAR PROVISION. If any term or provision of
this Lease or the application hereof to any person or circumstance shall, to any extent, be
held invalid or unenforceable, the remainder of this Lease, or the application of such term
or provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this Lease
shall be valid and be enforced to the fullest extent permitted by law, provided five (5)
days written notice of same is provided to Lessee.
37. WASTE. Lessee shall occupy the Leased Premises in a careful and proper
manner and not commit any waste thereon.
38. EFFECTIVE DATE. This Agreement shall be effective on the date that the last
party to sign executes this Agreement, or April I, 2007, whichever is later (hereinafter
"Effective Date").
39. RIGHT OF FIRST REFUSAL. In further consideration for the execution of
this Lease, Lessor hereby grants to Lessee a first refusal option to lease the Leased
Premises at the conclusion of the Lease, before all others. Such option shall inure to the
benefit of Lessee only and shall expire sixty (60) days after expiration of the Term of this
Lease (hereinafter "refusal option period") if not accepted by Lessee. Approximately 30
days prior to the expiration of this Lease, Lessor shall send written notice to Lessee and
her legal counsel, detailing all of the terms and conditions of a new lease for the Leased
Premises.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for
the purpose herein expressed, the day and year fist above written.
Signed, sealed and delivered
in the presence of:
"LESSOR"
BOYNTON BEACH COMMUNITY
REDEV IELOPMENT AGFNCY
Date:
"LESSEE"
SPLASHDOWN DIVERS, INC., a Florida
Corporation
.~ /
By. /{ll..--/J? /
Its: ~es' ent .//
PrintN~e: Lynn Simmons
Date: -? I ;1.0 ?f
&,
--
~ctY~T2~
East Side-West S'lde-Seas"lde Rena',ssance
eRA BOARD MEETING OF: February 12,2008
I I Consent Agenda I X I Old Business
New Business
Public Hearing
Other
SUBJECT: Lease Amendment
SUMMARY: The current office lease at 915 South Federal Highway terminates on May 31, 2008.
The terms of the lease agreement allow for one year renewals.
It is anticipated that the eRA offices at 211 East Ocean Avenue will not be completely constructed at the
earliest until the second quarter of 2009. The attached Lease Amendment is for a one year extension
ending May 31, 2009 all other lease terms remain the same.
FISCAL IMPACT: FY07-08 Budget at $4,000 per month and does not reflect an increase.
RECOMMENDATIONS: Approve the Lease Amendment at 915 S. Federal Highway for the
period June 1, 2008 through May 31, 2009.
~-
. a Bright
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY
2007 - 2008 Board Meetings\08 02 12 CRA Board Meeting February\Lease Extension.doc
AMENDMENT TO COMMERCIAL LEASE AGREEMENT
THIS AMENDMENT TO COMMERCIAL LEASE AGREEMENT is made and entered
into this day of , 2008, by and between Sundowner Motor Inn, LLC
(hereinafter referred to as "Landlord") and the Boynton Beach Community
Redevelopment Agency (hereinafter referred to as "Tenant"), for the property located at
915 South Federal Highway, Boynton Beach, Florida 33435.
AMENDMENT TO ARTICLE III - LEASE TERM
Tenant requests, and Landlord consents, that the term of the lease shall be extended for a
one year term beginning on June 1,2008 and shall terminate on May 31,2009. The
Tenant shall have the option to renew for one-year terms with the consent of the
Landlord. All other terms and conditions of the Commercial Lease Agreement remain
the same.
Signed, sealed and delivered in the presence of:
WITNESSES:
LANDLORD:
SUNDOWNER MOTOR INN, LLC
Signature of Witness
By:
Printed Name of Witness
Craig Pfeifer, Landlord
Signature of Witness
Date Executed:
Printed Name of Witness
WITNESSES:
TENANT:
APPROVED BY THE CRA BOARD
Signature of Witness
By:
Printed Name of Witness
Jerry Taylor, Chair
Signature of Witness
Date Executed:
Printed Name of Witness
eRA BOARD MEETING OF: February 12,2008
I Consent Agenda I
Old Business I X I
New Business
Public Hearing
Other
SUBJECT: Consideration of Designating the CRA a Brownfield
SUMMARY: A brownfield is an area of real property which is considered difficult to redevelop or
reuse because of actual or perceived environmental contamination. In a redevelopment area, particularly
one with an old commercial corridor such as Federal Highway, there is a very good chance that
numerous properties may be contaminated due to old uses such as gas stations, printers and dry cleaners.
For instance, the Gulfstream Lumber and Gulfstream Mall sites both have contamination from solvents,
which has to be remediated prior to redevelopment.
The brownfield designation does not imply that every property within a designated area is actually
environmentally contaminated, just as a community redevelopment area designation does not mean that
each property within it is blighted. The designation will not require property owners of potentially
contaminated properties to clean up their properties. However, the designation will allow owners or
buyers of such sites to access incentives to clean and redevelop the property.
The brownfield designation would create another source of development incentives in addition to current
CRA incentives. Examples of incentives associated with a brownfield designation are as follows:
. Refund of sales tax on building materials for mixed-use projects that include affordable
housing.
. Job bonus credits up to $2,000 per job
. Tax Credits for clean-up activities (see chart below)
Tax Credit Type Prior to July 1, I. Effective July 1,
2006 I 2006
Site 150% !
Rehabilitation 35% i $250,000 i $500,000
I
No Further 125%
Action 10% 1$50,000 $500,000
(i.e., SRCO)
Affordable I 125% ;
N/A !N/A 1$500,000
Housing i I
Solid Waste N/A jN/A 150% ! $500,000
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2007 - 2008 Board
Meetings\08 0212 CRA Board Meeting February\Brownfield.doc
~~Y~Te~
RA
East Side-West Side-Seas.lde Rena.lssance
More than ever, developers are seeking public assistance with their projects given the difficulty of
developing under current market conditions. The creation of additional incentives to add to the CRA's
existing incentive programs will enable staff to assist developers to make their projects financially
feasible.
Research conducted by staff shows that a CRA, by definition, may be declared a brownfield area, per
Florida Statutes 376.79)4). Attached are examples of resolutions passed by several Florida
municipalities to designate their CRA's as a brownfield.
FISCAL IMPACT: CRA staff recommends that the CRA reimburse the City for notification of
property owners within the proposed area.
RECOMMENDATIONS: CRA staff recommends that the Board request that the City move
forward with the steps necessary to designate the CRA a brownfield.
Vi Ian L. Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\0802 12 CRA Board Meeting February\Brownfield.doc
.
.l(If CDFA Spotlight:
___~ a Federal Brownfield Expensing Tax Incentive
-=
Rehabilitation tax credits were established to discourage unnecessary demolition of older buildings and to slow capital flight
from older urban areas. This cost deduction provides a business incentive to clean up sites contaminated with hazardous
substances, and is intended to offset the costs of cleanup. 'Cleanup" can also include expenses related to site assessment,
remediation planning, costs of participating in a state Voluntary Compliance Program (VCP), or other designated response
programs, in addition to costs connected to installation and maintenance of engineering or institutional controls used as part of
the cleanup process at a site. While there is no guarantee, most states provide the required certification in a month or less.
However, some prospective users have been deterred by recapture provisions of the incentive, discouraging those developers
who will not hold onto the property for any length of time after cleanup.
For a site to qualify, there must be a "release, threat of release, or disposar of a federally-defined hazardous substance, and
cannot be listed on EPA's National Priorities List (NPL). Further, businesses do not need to be located in an empowerment,
enterprise, or renewable community to qualify, and ~vironmental cleanup costs at eligible sites may be fully deducted in the
year incurred, rather than capitalized over time.
Qualified sites must also meet these requirements:
The contaminated site must be held for use in a trade, business, or for the production of income, such as inventory
warehousing.
A statement must be obtained from the designated state environmental agency that the site meets the federal definition for a
contaminated site: "There has been a release, threat of release, or disposal of hazardous substance at or on the site." (IRC,
Sec. 98)
Planning & Partnering
Proper planning and partnering is essential to attract investors due to several vital remediation stages which impact future use,
all requiring communication with state environmental agencies, local planning boards, communities, and federal officials.
Actual and perceiVed lack of regulatory certainty, and risk of exposure to third-party lawsuits and toxic tort actions can easily
discourage potential users of the tax deduction. If a site has not been property investigated, expensive changes may add to
clean up costs or invalidate future use. Property remediated sites mayor may not obtain a state 'Covenant not to Sue",
depending on what the state offers. Sites can obtain final sign- off from their states, which prevents federal EPA from acting
on the site, except in the case of a few specjfically prescribed situations. The Center for Brownfields Study
(htto:/Isunvbrownfields.esf.edul ) provides an excellent strategic outline to avoid common pitfalls associated with Brownfield
projects.
· Many developers struggle to build a complete financing package - particularly in obtaining capital for three essential
activities:
· Early stage site assessment;
· Defining a site remediation plan
· Implementing the cleanup
QuIck Facts
Financing is easier to obtain when presentation packages are highly detailed. A sophisticated package will explain ancillary
tax benefits, financing vehicles, access to local markets, infrastructure capacity, transportation options, and other benefits.
Partnering with local real estate sales professionals can further facilitate marketing challenges
The Department of Treasury recommends promoting the cash flow advantages of tax incentives, and the financial and public
relations advantages of brownfield redevelopment to lenders. They also advocate utilizing programs to expand capital access
for small businesses, which might locate at a brownfield site.
Attracting Brownfield Tax Incentive Users
Brownfield users are usually forced to pay a higher rate of return to investors or lenders to cover greater perceived risk. This
translates into additional points, complicated loan processing, and more lengthy review procedures. Underwriting costs can
escalate when independent tests, assessments, and collateral are required.
All of the above extra costs can generate significant financing gaps. This is why initial public investments are needed to
reduce risk to acceptable levels.
The NortheastIMidwest Institute recommends public-sector initiatives should meet at least one of several goals needed to
blunt the financing gap effect. The BrownfieJds deduction incentive may attract more investors in localities which:
Reduce lenders' risk by providing loan guarantees, companion loans, environmental insurance, and other risk transferring
tools. Further, technical assistance programs can identify cheaper cleanup technologies or connect lenders with performance
data, making institutional controls more acceptable.
Reduce borrowers' cost by subsidizing interest on project loans with tax-exempt financing, low-interest loans, or by reducing
loan underwriting costs. Some communities offer loan packaging assistance through CDCs and other local institutions.
Create incentives through abatements, tax credits, or grace periods to improve cash flow.
Provide training and technical assistance to offset project costs. These services often form the basis on which redevelopment
partnerships are structured.
Provide direct financing. Money for site assessment and cleanup is usually the most difficult financing to acquire, and states
are more frequently allocating grants for this purpose. Public investment can stimulate private investment by placing faith in
the economic viability of an area. .
More states are considering ways to accept properties with a greater variety of contaminants, making it easier for private
developers to work with the program framework.
More than half the states have working financing incentives. Direct financing tools include loans, abatements, credits, loan
guarantees, and loss reserves. These efforts will continue, most likely in partnership with new federal incentives.
This link leads to the 2007 EPA brownfield grant levels ($70.7 million):
http://www.epa.Qov/brownfields/pilotarants.htm
This article is intended to provide accurate and autfroritative information in regard to tfre subject matter covered. The author and CDFA are not herein engaged in
rendering legal, accounting or other professional services, nor does it intend tfrat tfre material included herein be relied upon to the exclusion of outside counsel.
CDFA is not responsible for the accuracy of the InfofTTIation provided in tfris fact sheet. The information provided has been collected from a variety of sources.
Those seeking to conduct complex financial deals using tfre tools mentioned in this document are encouraged to seek the advice of a skilled legaVconsulting
professional.
Examples of Resolutions and Executed BSRAs Listed by County >> Waste Management>> Florida Depart... Page 1 of 12
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Examples of Resolutions and Executed BSRAs Listed by County
>> Examples of Resolutions and Executed BSRAs
For a List by County See Below N or N Go To Alphabetical Listing of Resolutions or I:xecuted
BSRAs
)} Alachua
}) Brevard
I) 6.ro@rQ
I} Charlotte
)) Cj!.ru~
)) Clay
)) Collier
}} Duval
)) Escambia
Ii fJgglgr
)1 Gadsden
)1 (iulf
I) Hamilton
I) HjghJC'lnds
I) Hillsborough
)} Lake
)) Lee
)) Leon
i) MC'lnj;!'te:.e
)) Marion
I} Miaml-_Oalie
I) Monroe
)) Qrange
)i Palm Beach
Ii Pinellas
)) Polk
)) Putnam
)i Sgnta_Rosg
)1 SaraSota
)) SeJllinole
)) St. Johns
)) St._Lucie
I) Taylor
)) Vol usia
)i Washington
Alachua
Click here to view the Alachua County Contacts.
Site ID #
BF01000l00l
Site Name
Gainesville Regional
Utilities/Poole Roofing Site
Former-CSX Property
SRCO
Area ID # Area Name
BF01000l000 Gainesville Area
BF01000l002
\ BF010501000 University Corners
i Brownfield Area
__..,.._..__.~_~._~_...,-______..,_, _ .."..____.k__....._. .~._.,__,.__._.____._--.-..-m-...<.--..---....-".-...'"_..__._,_~_,.__~._,.c_________.~.."_'_._
Brevard
Click here to view the Brevard County Contacts.
- SRCOI
Area ID #
BF050401000
BF050301000
\ BF050701000
Area Name
Cocoa Brownfield Area
Kirby Industrigl Park 1
Brownfield Area
Manatee Point Brownfield
Area
Village Green Area
Site ID #
Site Name
BF050301001 KIP I, L.L.C. Brownfield Site
BF050701001 Manatee Point
BF050001000
BF050001001 Village Green Shopping
Center
Broward
Click here to view the Broward County Contacts.
SRCO
Area ID #
Area Name
Site ID #
Site Name
httn:/ /www.dep.state.f1.us/waste/categories/brownfields/pages/processes_county.htm
01/18/2008
Examples of Resolutions and Executed BSRAs Listed by County >> Waste Management>> Florida Depart... Page 2 of 12
BF060301000 Dania Motocross BF060301001 Dania Motorcross 08/01/2006
Brownfield Area
BF060401000 Harbour Cove Brownfield BF060401001 Harbour Cove Associates
Area
BF060002000 Lauderdale Lakes Area
BF060202000 Liberia / Oakwood Hills
Area
BF060302000 MABB Dania Beach
Brownfield Area
IBF060601000
\
BF060001000 Miramar Area
BF069901000 Pompano Beach Northwest
Area
Sunrise 6oulevard/NW
31st Avenue Brownfield
Area
I BF060S01000 Turner Envirologic, Ine.
I BF060003000 Uniweld Products Area
BF060201000 US 441/SR 7 Corridor BF060201001 McArthur Dairy Brownfield
SJte
____--- ____ ___~__._ff ~ ______ __ ______~___ ._ - ____..___._____..__m_...__..______.
Charlotte
Click here to view the Charlotte County Contacts.
r--:;----..----.--...-..-..-...----.-.---..---.-..------.-------- -----.-- -.-..--..-...-....--..-----...-.-.---.-.-.
i Area ID # Area Name Site ID # Site Name
I BF080401000 Enterprise Charlotte Airport
i Park
SRCO
._.._____,.~_~__'^ _"_._~__w,__...__~_".~._._~_._'__.__~_'_._
Citrus
Click here to view the Citrus County Contacts.
Area ID # Area Name
BF090201000 Wal-Mart Inverness
Site ID # Site Name
BF090201001 Inverness Wal-Mart Site
SRCO
Clay
Click here to view the Clay County Contacts.
BFlOOS01003
Site Name
GCS Downtown Phase I,
Parcel A
GCS Downtown Phase I,
Parcel B
GCS Downtown Phase I,
Parcel C
SRCO
Area ID # Area Name Site ID #
BF100S01000 Greater Green Cove Springs BF100S01001
Area
BF100S01002
Collier
Click here to view the Collier County Contacts.
~~~;4~~O:O _ ImmQk:e;:;:=~~~-"~~__~iteI:_~__
--_._~_._-
Site Name SRCO I
. . ____._._____.___._____ __.______J
httn:/ /www.deo.state.fl.us/waste/categories/brownfields/pages/processes_county.htm
01/18/2008
Examples of Resolutions and Executed BSRAs Listed by County >> Waste Management>> Florida Depart... Page 3 of 12
Duval
Click here to view the Duval County Contacts.
Area ID #
BF160505000
BF160204000
BF160301000
BF160501000
BF160506000
BF160502000
BF160503000
BF160202000
BF160001000
Area Name
1915 Wigmore Street
(Ji3cksonville Maritime
Partners)
Advantus Tri3nsport Area
Cecil Brownfields Area
Cecil Field, 1.1. Park &
Phillips Hwy Corridor
HughesE:lectrical
Brownfield Area
Insteel Wire Products Area
Kings Avenue Brownfields
Area
Phillips Highway
Pilot Project Area
Site ID #
Site Name
BF160501001 Wal-Mi3rt Phillips Highway
Brownfields Site
BF160202001 Phillips Highway Site
BF160001001 Ware Family Realty, LLC
BF160001002 The ShipYi3rds
BF160001003 2100 Dennis Street
Remediation Trust
BF160001004 FOrd Assembly
Redevelopment
BF160001005 JM Family Enterprises
BF160001006 Hogan's Creek Site, Parcel
1A
BF160001007 Hogan's Creek Site, Parcel
1B
BF160001008 Keystone/Wigmore Street
BF160203000 Ri3ven Transport Holding
Area
Riverpli3ceBOulevard Area BF160201001 St. Johns Center Site
BF160201000
jIjt~4000
\BF160101000
~160205000
BF170503000
\
Southside Generating
Station(SGS) Area
Sunbeam HiHAreC:l
BF160101001 Southside Generating
Station (SGS) Area
BF160205001 4502 Sunbeam Road
__,~___,__~ __.___<___.__H.",.________._...___..___._____...._. N^~_"_.'_"_ ~--"^-
_'._ffN.'__- '---"- .- ~--~.__._'-
Site ID #
Site Name
Escambia
Click here to view the Escambia County Contacts.
\:. ---------
Area ID # Area Name
BF170401000 1123 West Scott Street
BF170602000 1810 Barrancas Avenue
Brownfield Area
BF170302000 3415 BarrC:lncas Avenue
Brownfield Area
501 North Navy Boulevard
Area
BF170302001 Suncc;ly E:nterprises, Inc.
(Keck)
1111n:/ /www.deo.state.fl.us/waste/categories/brownfields/pages/processes_county.htm
SRCO
12/Q812003
SRCO
03/02/2Q06
01118/2008
Examples of Resolutions and Executed BSRAs Listed by County )) Waste Management )) Florida Depart... Page 4 of 12
BF170502000 603 West Romana Street
Area
BF170501000 929 Massachusetts Avenue
Area
BF170504000 Century Town Limits
Brownfield Area
BF170603000 EnterkinProperty
Brownfield Area
BF170701000 Former Runyan Shipyard
BF170301000 1IIIf~m::
i~~v~tArea
I BF179901000 Palafox Corridor
..7!T:;........--......... .........-.-..-
R~eveftlpmeht Area
BF170201000 Pensacola Mainstreet Area
BF170101000 Strategic Crossings
Corporation
Flagler
Click here to view the Flagler County Contacts.
BF170502001 Mosquito Control Facility
BF170504001 Century Florida Site
BF170701001 Former Runyan Shipyard,
Bayou ChicQ
BF17990 1 00 1 Weatherford McI ntyre
Property
BF179901002 2500 North Palafox Street
BF170201001 Pensacola Mainstreet, Inc.
BF170101001 Strategic Crossing Corp.
CSX Property
07/01/2002
12/15/2006
Area ID # Area Name
BF180601000 Bunnell Industrial, LLC
Brownfield Area
Gadsden
Click here to view the Gadsden County Contacts.
Area ID # Area Name
Quincy Area
Gulf
Click here to view the Gulf County Contacts.
---.-.. --..----------------- -------- --1
Site ID # Site Name SRCO I
BF180601001 Bunnell Industrial/Former II
Rayonier Plant Site
"...._..__..~___..^_."~,.__._".._.__.____._..__. .__.._...._M_____.. ..m_ _.~ ....__.___._.__.__,.__~.__._____.______
Site ID #
Site Name
SRCO
Area ID # Area Name
BF230201000 Port St. Joe Area
Site ID #
BF230201002
Site Name
Former-Port St. Joe Kraft
Papermill
Former-St. Joe Site Surface
Impoundment
SRCO
BF230201001
Hamilton
Click here to view the Hamilton County Contacts.
ID # Area Name
BF240401000 Hamilton County EZ Area
Highlands
Click here to view the Highlands County Contacts.
Site ID #
Site Name
http://www.dep.state.fl.us/waste/categories/brownfields/pages/processes_county.htm
01/18/2008
Examples of Resolutions and Executed BSRAs Listed by County >> Waste Management >> Florida Depart... Page 5 of 12
Area 10 # Area Name
1000 Highlands County
Brownfield Area
Site 10 #
Site Name
SRCO
HiIIsborough
Click here to view the Hillsborough County Contacts.
.."-------~-_.__.._-
Area 10 # Area Name Site 10 # Site Name SRCO
BF290503000 1010-1026 North 19th BF290503001 Channelside Holdings Site
Street
BF290304000 12th Street Operations BF290304001 12th Street Operations
Yard Yard
BF290502000 4010 North Lois Avenue
(former Borden Property)
BF290302000 AmeriSteel Area BF290302001 Gerdau Ameristeel
Brownfield Site
BF290607000 Avion Park at Westshore BF290607001 Avion Park at Westshore
Brownfield Area Site
BF290706000 Central Park Village
Brownfield Area
BF290303000 Centro Asturiano Place BF290303001 Centro Asturiano Place 09/01/2006
Brownfield Area
BF290603000 Circle Tampa Ventures 1 BF290603001 Circle Tampa Venture 1 05/31/20071
BF290602000 Former 43rd Street Bay BF290602001 Former 43rd Street Bay
Drum Site Brownfield Drum Site
Area
BF290702000 FormerT!::CQ Hookers
Point Brownfield Area
BF290601000 Grand Central at Kennedy
Property Brownfield Area
BF290604000 Honeywell BF290604001 Waters Center Brownfield
Site
BF290204000 North 56th Street Area BF290204001 Place at Channelside, The
BF290204001a Former Southern Mill
Creek Products Site 1
BF290701000 Park N Shade Brownfield
,
Area I
BF290001000 Robbins Manufacturing BF290001001 Robbins Manufacturing 08/14/2002 '
storage Yard
BF290606000 Tqmpa Armature Works BF290606001 Former Tampa Armature
Brownfield Area Works Site
BF290301000 Tampa Heights Brownfield BF290301001 Riverfront (Tampa 11/23/2005
Area Heights) Complex
BF290703000 Tampa International BF290703001 Tampa International
Center Brownfield Area Center Brownfield Site
BF290101000 Tampa Port Authority BF290101001 Port Ybor
I BF290101002 Tampa Bay Shipbuilding
I
I and Repair Company
BF290101003 Tampa Bay Scrap
Processors Site
http://www.dep.state.fl.us/waste/categorieslbrownfields/pages/processes_county.htm
01/18/2008
Examples of Resolutions and Executed BSRAs Listed by County >> Waste Management >> Florida Depart... Page 6 of 12
BF290202001
Tampa Tank and Welding
Property
W.T. Edwards Brownfield
Site
Wal-Mart BlJckley-Shuler
Area, Parcel A
Wal-Mart BlJckley-Shuler
Area, Parcel B
Wal-Mart Buckley-Shuler
Area, Parcel C
Wal-Mart Buckley-Shuler
Area, Parcel D
Wal-Mart Buckley-Shuler
Area, Parcel E
Wal-Mart Gunn Highway
Site
05/15/2002
BF290704000 Tampa Tank and Welding BF290704001
Property
BF290501000 W.T. Edwards Facility BF290501001
BF290202000 Wal-Mart Buckley-Shuler BF290202001A
Area
BF290202001B
06/04/:2002
BF290202001C
11/23/2004
BF29020200lD
12/16/2002 i
BF290202001E
07/22/2002
BF290203000 Washington Street
Crossing Area
I ::::::::::: ~~~~~~~d ~~~::::lJono BF290002001 WRB at Old Hopowo" Road I
I BF290002002 CSX Spur at Old Hopewell I
Road J
______,_____,...___,,_.~,____'~_.__...,_~....__y_'~__~__.______,____~,_~_'H....W^'..__.,. _~_.._..._~.____~._._.__,_.__.^____.
Lake
Click here to view the Lake County Contacts.
IA;;;-io-#-----A;ea Name
LF350401.00~._~~~~~~:~!;1d.n ~eE:st
Site ID #
Site Name
SRCO
Lee
Click here to view the Lee County Contacts.
..-.-.-.--. .-.-...-.---..------...-....--..-.---..--.--. ._,,-,---~------
BF360302000 Dunbar E:nterprise Zone
Brownfield Area
BF369901000 Ft Myers Coal Gasification
Area
BF360301000 Ft. Myers Wellfield Area
BF360302001
Site Name
Garden Street Iron & Metal,
Inc.
2780 South Street
SRCO
Area ID # Area Name
BF360501000 3250 Metro Parkway
Site ID #
BF360501001
BF360301001
City of Ft Myers Coal
Gasification Site
Eastwood Village Brownfield
Site
BF369901001
Leon
Click here to view the Leon County Contacts.
r----------------. ....-.-. -.-.--- - ----.-.-.. - ..- --- --..-..--.------.-.----..-.
Area ID # Area Name Site ID #
BF370001000 Cascade Park MGP and
^__.".___._.....M.__._.__.._....._.____.....___.._..__.__._.~,-_._..,-_..._---
Site Name
SRCO
htto:/ /www.dep.state.f1.us/waste/categories/brownfields/pages/processes_county.htm
01/18/2008
Examples of Resolutions and Executed BSRAs Listed by County >> Waste Management >> Florida Depart... Page 7 of 12
I
I
BF370401000
Landfill
Former Bayliner Facility
Area
Gaines Street Corridor
BF370002000
Sunland Hospital Parcell
Brownfield Area
Manatee
Click here to view the Manatee County Contacts.
BF370002001 Tallahassee Residence Inn
Brownfield Site
BF370601001 Sunland Hospital Parcell
I
I
I
03/19/20071
I
I
I
______, __..J
Area ID # Area Name
BF580201000 Manatee Avenue West Area
Site ID #
Site Name
SRCO
Area Name
Ocala Area #1
Qcala Area #2 (N Magnolia
Ave)
BF429902000 Ocala Area #3 (NW 10th
Street)
BF429903000 Ocala Area #4 (NE 14th
street)
BF420001000 Qcali'l Arei'l #5 (NW 1st
Street)
BF420002000 QCi'lJCi Arei'l#:6 (Silver
Springs Blvd)
BF420101000 Ocala Area #7 (817 North
Pine Avenue)
BF420502000 Southeast Brownfield
, Expansion Area
li BF420501000 West OcCiICi Expansion Area
__________.____._._..."~__,._.,.~___"_.._.._.."_..,_.,____,..~,_._.._,.~,._.._.__._..u
Miami-Dade
Click here to view the Miami-Dade County Contacts.
Area Name ----Site 10'-;------ Sit;'Name ---- SRCO I
Aguaclara Brownfield Area
Beacons Lake Brownfield
Area
BF130201000 !3isci'lyne commons Area
Marion
Click here to view the Marion County Contacts.
ID #
BF429801000
BF429901000
Area ID #
BF130401000
BF130301000
I BF139902000 Carol City Area
I BF139905000 Central Miami Area
BF130302000 City of Hialeah Brownfield
Area
BF139903000 Dade-OpCi-Locka Area
Site ID #
Site Name
SRCO
BF429903001 Former White's Meats
PCicking Facility
10/23/2006
BF130301001 Beacon Lakes (AMB Codina)
BF130201001 Biscayne CommOns
Brownfields Site
http://www.dep.state.fl.us/waste/categories/brownfields/pages/processes_county.htm
01/18/2008
Examples of Resolutions and Executed BSRAs Listed by County>) Waste Management >) Florida Depart... Page 8 of 12
I BF130503000
Bii.~1000
B'F1~O~01000
Dedicated Transportation
HomeStead CRAA~a
Medley Re.dfiel0PQ1ent
e.8Wtlfl~fds Area
BF139801000 Miami Area
BF130503001 Dedicated Transportation
Corporation HQs
BF139801001 Wynwood Site
BF139801002 FEC Buena Vista
BF139801003 Wagner Square (Former
Civic Center)
BF139801004 Los Suenos Multifamily
Apartments (Dreamers,
LLC)
BF139801005 McArthur Dairy 7th Avenue
BF130502000 MiClmi EZ EXPClnsionAreCl
BF139904000 Model City\Ekownsville Area BF139904001 Siegel Gas and Oil Corp
BF139904002 Corinthian Multifamily
Apartments (Liberty City
Holdings, LLC)
BF139901000 Opa-Locka Area
BF139911000 Perrine Area
BF130001000 Potamkin Properties BF130001001 Potamkin Properties
BF139913000 Redlands\Leasure City Area
BF139910000 Richmond Heights Area
BF139912000 South Dade Area
BF139909000 South Miami Area
BF139906000 sweetWClter A AreCl
BF139907000 Sweetwater B Area
BF139908000 Sweetwater C Area
Monroe
Click here to view the Monroe County Contacts.
Area ID # Area Name
Old Baltuff Dump Site
Brownfield Area
Orange
Click here to view the Orange County Contacts.
Area ID #
BF480704000
Area Name
Baratta ROCC Brownfield
Area
DEEDS Orlando
Deeds Orlando !,:xpClnded
BF480202000
BF480401000
BF480703000 Holden Heights ROCC
Site ID #
Site Name
SRCO
Site ID # Site Name
BF480704001 Baratta ROCC Site
SRCO
BF480401001 Orlando Events Center
BF480401002 Former spellman
Engineering
BF480401003 Former OUC Power Plant
http://www.dep.state.fl.us/waste/categories/brownfields/pages/processes_county.htm
01/1812008
Examples of Resolutions and Executed BSRAs Listed by County)) Waste Management )) Florida Depart... Page 9 of 12
I Brownfield Area
I BF480601000 Hughes SuPPly Mega
I Center Brownfield Area
I BF480702000 Mills Park Brownfield Area
BF489901000 Orlando-Sunterra Area
t~20l0~.~. 1~1~t1Wn
, .-
L.
BF489901001 Sunterra Site
BF480201001 Former Gray Truck Line
Property
11/05/1999
Palm Beach
Click here to view the Palm Beach County Contacts.
BF500101000
Area Name
Belle Glade Brownfield Area
Carver Square Brownfield
.A.Ie9
Former PC3lm Beach Lakes
Golf Course
Site 10 #
Site Name
SRCO
Area 10 #
BF500301000
BF500701000
BF500101001 BrandsMart
I
BF500501000 Lake Worth Closed
MunicipC3J l,.C3ndfill
_1.4Q~ ~1I~<l!M~ct
Bl ~9'8~W
BF500101002 OR LC3kes MultifC3mily
Northside (aka Malibu Bay
Site)
BF500101003 CFC Multifamily Northwest
BF500101004 DR Lakes, Inc. Parcel II
BF500101005 DR Palm Beach Hotel
Complex Brownfield Site
BF500101006 DR Palm Beach Residential
Complex Brownfield Site
reas
~!OOO.'I~~
~r"'_-~Q6alPJeas~mt city CR
E~_"'e
El'j;]i"M"WlilJl~ltt!e~~ret1omes
'IT. -..,.
Pinellas
Click here to view the Pinellas County Contacts.
'Area 10 # Area Nam~-----'-- --Slt;-ID#.------.- Site-N-~-;~
BF520403000 Alps Brownfield Area
BF520601000 Belleair Wastewater
Treatment Plant and Town
Garage
BF520701000 BrYC3n Dairy R.oad
Brownfield Area
BF529701000 Clearwater Area BF529701001 Community Health Center
SRCO
07/28/2000 I
http://www.dep.state.fl.us/waste/categories/brownfields/pages/processes_county.htm
01/18/2008
Examples of Resolutions and Executed BSRAs Listed by County )) Waste Management )) Florida Dep... Page 10 of 12
BFS20S01000 CQmmunity Waterfront
Park Ar~a
BFS20S02000 Pinellas County Lealman
Area-Wide Brownfield Area
BFS20402000 Sod Farm Site
BFS29901000 St. Petersburg Area
BFS20401000 Young-Rainey Star Center
Area
Polk
click here to view the Polk County Contacts.
Area Name
Auburndale Wal-Mart Area
CSX Railyard - Lakeland
Putnam
Click here to view the Putnam County Contacts.
BFS29701002 Dimmit Parcel B
BFS29701003 Former Clearwater Sun
Property
BFS29701004 Clearwater Automotive Site
BFS20S01001 Community Waterfront
Park
01/18/2007
BFS29901001 Peoples Gas System
(Former TECO Complex)
BFS29901002 City of St. Petersburg /
Former Atherton Oil
Site 10 # Site Name
BFS30001001 Auburndale Wal-Mart
SRCO
Area 10 # Area Name Site 10 # Site Name SRCO
BFS40S01000 Bill Ding Avenue Brownfield BFS40S01001 Bill Ding Avenue Brownfield
Site
Santa Rosa
Click here to view the Santa Rosa County Contacts.
________w_____ .~_____.~.~~~._.
I
I Area 10 # Area Name
! BFS70701000 Bell Ridge Brownfield Area
I
I BFS70302000 Milton srOI/llOfield
I Redevelopment Are;:!
l~F~70~~_~~~_~___;;!~6.~~;!~~~~~ . _____________
Sarasota
Click here to view the Sarasota County Contacts.
Area 10 #
BFS80301000
Area Name
Former Workman
Electronics Area
Fruitville Brownfields Area
BFS80302000
Site 10 #
Site Name
SRCO
Site ID #
Site Name
SRCO
BFS80302001 Lowe's DMB Parcel and DMB
Outparcel B & C
BFS80302002 Lowe's Crofut Parcel and
http://www.dep.state.fl.us/waste/categories/brownfields/pages/processes_county.htm
01/18/2008
Examples of Resolutions and Executed BSRAs Listed by County >> Waste Management >> Florida Dep... Page 11 of 12
BF580401000 Marion Anderson Place
Ubraculture Area
BF580402000 Wireman Property, aka
Sarasota Dreambuilders
.__^,u.N.^~~._.."'_________"__'__~'_'_ __.~~.__.._.~_._..,_._,___.u___~.__.__,_....,__ ... __,~,_.,.. ..-_.__...___..'___U'_
Seminole
Area 10 #
BF590703000
BF590702000
Area Name
Fern Park Lowes
Former Central Florida
Drum Fi3cility
Former Microvia Brownfield
Area
Sanford Economic
Enhancement District Area
BF590701000
BF590704000
Outparcel A Site
BF580302003 BKOP1
. ._....__. _._.___..__.___ - _____.1
Site 10 #
BF590703001
BF590702001
Site Name
Lowe's Store Fern Park
Former Central Florida
Drum Facility
Former Microvia Facility
BF590701001
St. Johns
Click here to view the St. Johns County Contacts.
Area 10 # Area Name
BF550601000 st. Augustine Ponce de
Leon
St. Lucie
Click here to view the St. Lucie County Contacts.
Site 10 # Site Name
BF550601001 Former Ponce de Leon Golf
Course
SRCO
r.------.-----------.
Area 10 # Area Name
BF560601000 2525 Center Road Fort
Pierce
BF560701000 Coral Square Shoppes
BF560702000 S & S Land Company
Brownfield Area
Taylor
Click here to view the Taylor County Contacts.
Site ID # Site Name
BF560601001 Center Road
SRCO
BF560702001 1150 S. Federal Highway
Area 10 # Area Name
BF620301000 Taylor county Brownfield
Area
Volusia
Click here to view the Vol usia County Contacts.
Site 10 #
Site Name
SRCO
SRCO I
-_..._._~~------'_._-_.~~-.__.
Site 10 #
Site Name
\ Area 10 #
, BF640401000
I BF640701000
1_....____.____.....
Area Name
[)i3ytona Bei3ch Area
William Lofts Brownfield
Area
BF640701001 William Lofts
htto:/ /www.dep.state.fl.us/waste/categories/brownfields/pages/processes_county.htm
01/18/2008
Examples of Resolutions and Executed BSRAs Listed by County>> Waste Management>> Florida Dep... Page 12 of 12
Washington
Click hE;rE; to view the Washington County Contacts.
Area 10 # Area Name Site 10 #
BF300201000 Chipley Industrial Park Area
Site Name
SRCO
Las
Bureau of Waste Cleanup #850-245-8927 MS #4505
Division of Waste Management #850-245-8705 MS #4500
2600 Blair Stone Road, Tallahassee, Florida 32399-2400
Questions & Comments Form
DEP Home I About DEP I Contact Us I Searcll I Site Map
http://www.dep.state.fl.us/waste/categories/brownfields/pages/processes_county.htm
01/18/2008
If])
PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item #:
~.. UJ1)3.. J D 'i b
KIAtc 7-7)
AGENDA ITEM SUMMARY
Meeting Date: December 16, 2003
[ l
[ l
Consent [ l
Workshop [xl
Regular
Public Hearing
Department: Planning, Zoning, and Building Department
Submitted By: Planning Division
Submitted For: Westgate/Belvedere Homes CRA
================================================================================
I. EXECUTIVE BRIEF
Motion and Title: Staff recommends motion to adopt: A resolution designating the area within the boundaries of
the redevelopment area of the Westgate/Belvedere Homes Community Redevelopment Agency (CRA) a brownfield
area, and providing an effective date.
Summary: At a regular meeting held on August 11,2003, the Westgate CRA Board voted to request brownfield
area designation for the entire CRA area, and the topic received little comment from the public at the CRA meeting on
November 10,2003. A CRA, by definition, may be declared a brownfield area, per Florida Statutes 376.79(4). Florida
Brownfield Redevelopment Act Statutes 376.77 through 376.85 enables property owners in a designated brownfield
area to voluntarily utilize State brownfield program incentives for environmental remediation, rehabilitation and
economic development. This is the first requested designation in the unincorporated area. (RB, District 2)
Background and Policy Issues: The designation will directly affect property owners who voluntarily choose to
apply for the following incentives: job bonus credits up to $2,000 per job for qualifying businesses with $2 million
capital investments; refund of sales tax on building materials for mixed use projects with 20% moderate-low income
housing components and affordable housing projects; and, for property owners who choose to sign a Brownfield Site
Rehabilitation Agreement (BSRA) with the Department for Environmental Protection Agency (DEP) to clean the site, a
35% tax refund on cleanup costs incurred,limited liability protection, and the ability to use risk based corrective action,
which allows soil cleanup standards to be tailored to the end use while protecting public health and drinking water.
The designation will not affect property owners who do not choose to apply for any of the State brownfield incentives.
According to the International City/County Management Association, a brownfield designation increases property
values for the area, due to cleanup efforts and redevelopment activities.
To date over 1.000 acres have been designated brownfield areas in Palm Beach County, resulting in approximately
1,600 new jobs and 630 dwelling units. No cost to the County is incurred with the designation, as refunds and rebates
use State revenues. The County is obliged to notify DEP when a brownfield resolution is passed and when a person
has assumed responsibility for a BSRA within the designated area. Planning staff will perform the notification
requirements.
Attachments: Resolution designating Westgate/Belvedere Homes CRA a brownfield area
======================~===============================================.====
Recommendedby:~L.h} a&=-. /1 f!I(}1
Executive Director ~ D e '-'
Approved By: 11""a1A<--<ztL- 'Ii ~ If~~L3
Deputy County Administrator Da e
'.
RESOLUTJON 02.-01
A RESOLUTION OF THE CITY OF WINTER GARDEN,
DESIGNATING THE WlNTER GARDEN DOWNTOWN
COMMUNITY REDEVELOPMENT AREA AS A BROWNFIELD \
AREA; ESTABLlSlllNG THE COMMUNITY REDEVELOPMENT
ADVISORY BOARD AS mE BROWNFIELD ADVISORY
BOARD; AUTHORIZING THE CITY PLANNER TO NOTIFY THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION OF SAID DESIGNATION; PROVIDING FOR AN
EFFECTIVE DATE.
. ~ '
~.-... .;. .
. ," : ':--,:' l.~. :'.'
',\.
'".'
": , .;...,~
.... ~ . ':. '. ',. '.' ..
WHEREAS, on June 11, 1992, the City of Winter Garden adopted Resolution 92-04,
which established the dO\\'l1town area of Winter Garden as a Community Redevelopment Area
(eRA); and
WHEREAS, on June 25, 1992, the City adopted Ordinance 92-49, approving the Winter
Garden Community Redevelopment Plan; and
WHEREAS, the Brownfields Redevelopment Act, Sections 376.77 - 376.85, F.S., and as
such maybe amended, the "Act" provides for local governments to designate areas as
brownfields; and
WHEREAS, said eRA qualifies for designation as a brownfield area under the Act; and
WHEREAS, such bro\\nfield designation will allow for accelerated environmental
assessment and if necessary, remediation of the property, as well as access to job-related bonus
monies; and
WHEREAS, the intent of the Act is consistent with the CRA objectives and the adopted
Redevelopment Plan; and
WHEREAS, redevelopment of the eRA is consistent with the City's Comprehensive
Growth Management Plan.
NOW THEREFORE, in accordance with the Act, as amended, and after the required
public noticing and public hearings, BE IT RESOL YED BY THE CITY OF WINTER
GARDEN FLORIDA:
SECTION I _ The foregoing recitals are true and correct and are incorporated herein.
SECTION II -
The incorporated portions of the Winter Garden Conummity Redevelopment Area and the
Winter Garden Community Redevelopment Reserve Area as identified in A IT ACHMENT "A" are
Resolution 02-01
hereby designated as brO\vnfield areas pursuant to the l;3rownfields Redevelopment Act, Sections
376.77 _ 376.85, F.S., and as such may be amended, and are hereby fonnally identified as the
Winter Garden Downtown Brownfield Area.
SECTION 111-
The Community Redevelopment Advisory Board is hereby appointed as the Winter Garden
Downtown Brownfield Area Advisory Committee as required by Section 376.80(3), F.S.
SECTION IV -
The City Planner is hereby authorized to notify the Florida Department of Environmental
Protection' of the City of Winter Garden's decision to designate a Brownfields site for remediation,
rehabilitation an economic development for the purposes set forth in Sections 376.77-376.84, F.S.,
as may be amended.
SECTION V
This resolution shall take effect immediately upon its final adoption by the Winter Garden
City Commission.
READ FmST TIME AND PUBLIC HEARING HELD ON: ~ r i I I \ ,2002
I ,~\. ./l.n '"' ~ I
PASSED AND RESOLVED this --LL- day of ~, 2002, by the City
Commission of the City of Winter Garden, Florida.
APPROVED:
ATTEST:
Resolution 02-01
DESCRIPTION OF BOUNDARIES
Community Redevelopment Area ("Area')boundary is as follows: Begin
at the intersection of the west right-of-way line of S. Park
Avenue and the south right-of-way line of W. Smith Street; thence
east along the said south right-of-way of W. Smith Street to the
east right-of-way line of Ninth Street; thence north along the
said east right-of-way line of Ninth Street to the intersection of
the centerline of the T&G Railroad Tracks; thence east along the
said centerline of the.T&G Railroad Tracks to the east right
right-of-way line of Eleventh Avenue; thence north along the said
east right-of-way line of Eleventh Avenue to the centerline of
Plant Street (SR 438); thence north along the east right-of-way
line ofHerulis Road to the intersection of the centerline of the
A.C.L. Railroad Tracks; thence southeast along the said centerline
of the A.C.L. Railroad Tracks to a point approximately 575 linear
feet from the said east right-of-way line of Hennis Road; thence
west 1,150 linear feet from the said point on the A.C.L. Railroad
Tracks; thence north 1,300 linear feet from the said point; thence
west to the north right-of-way line of Division Street and along
said north right-of-way line of Division Street to the west right-
of-way line of Palm Drive; thence north along the said west right-
of-way of Palm Drive to the north property line of the lot
fronting Division Street and Palm Drive; thence west along the
property line of the said lot to the westerly right-of-way line of
Surprise Drive; thence north along the said westerly right- of-way
line of Surprise Drive to the west right-of-way line of Dillard
Street; thence south along the said west right-of-way line of
Dillard Street to the south right-of-\way line of Newel Street;
thence west along said right-of-way line of Newell Street to the
west right-of-way line of Lakeview Avenue; thence south along the
said west right-of-way line of Lakeview Avenue to the north right-
of-way line of Henderson Street; thence west along the said north
right-of-way line of Henderson Street to the west right-of-way
line of Highland Avenue; thence south along the said west rlght-
of-way line of Highland Avenue to the north right-of-way line of
Bay Street; thence west along the said north right-of-way line of
Bay Street to the west right-of-way line of Park Avenue: thence
south along the said west right-of-way line of Park Avenue to the
point of beginning.
Community Redevelopment Reserve Area("Reserve Area") boundary is
as follows: Begin at the intersection of the centerline of Plant
Street(S.R 438) and the east right-of-way line of Eleventh Street:
thence south along the said east right-of-way line of Eleventh
Street to the intersection of the centerline of the T&G Railroad
Tracks; thence west along said centerline of the T&G Railroad
Tracks to the east Right-of-way line of Ninth Street: thence south
along said east Right-of-way line of Ninth Street to the South
Right-of-way line of Maple Street; thence east along the said
south right-of-way line of Maple Street to the termination point
of Maple Street; thence east approximately 1,700 linear feet from
the said termination point of Maple Street to the proposed west
Right-of-way line of the Northwest Beltway; thence north along the
said proposed right-of-way line of the Northwest Beltway
approximately 4,500 linear feet (across Plant Street); thence west
from said Proposed west right-of-way line of the Northwest Beltway
to the west right-of-way line of East Crown Point Road; thence
west from the said west right-of-way line of East Crown Point Road
to the west right-of-way line of West Crown Point Road; thence
southwesterly from the said west right-of-way line of West Crown
Point Road to the west right-of-way line of HermIs Road: thence
southwesterly from the said west right-of-way line of Hennis Road
approximately 1,750 linear feet to the Community Redevelopment
Area boundary line; thence south along the said Community
Redevelopment Area boundary line to a point approximately 1,300
linear feet from said point: thence east from said point
approxImately 1,150 linear feet to the centerline of the A.C.L.
Railroad tracks; thence along the center line of the said A.C.L.
Railroad Tracks to the east right-of-way line of Hennis Road:
thence south along said east right-of-way of Hennis Road to the
point of beginning.
Winter Garden Community Redevelopment Area (eRA)
~ ~
RESOLUTION NO. 2004-01
A RESOLUTION OF THE CITY OF COCOA,
BREVARD COUNTY, FLORIDA, DESIGNATING
COCOA'S STATE DESIGNATED ENTERPRISE
ZONE AND THE REDEVELOPMENT AREAS OF
THE COCOA, DIAMOND SQUARE, AND USl
CORRIDOR COMMUNITY REDEVELOPMENT
AGENCIES AS A FLORIDA BROWNFIELDS AREA
FOR THE PURPOSE OF ENVIRONMENTAL
REMEDIATION. REHABILITATION, AND
ECONOMIC DEVELOPMENT; ESTABLISIDNG A
BROWNFIELDS REDEVELOPMENT PROGRAM TO
IDENTIFY, CLEAN UP AND REDEVELOP
BROWNFIELDS SITES; ESTABLISIDNG THE
COCOA ENTERPRISE ZONE DEVELOPMENT
AGENCY AS THE BROWNFIELDS ADVISORY
COMMITTEE; AUTHORIZING THE CITY
MANAGER TO NOTIFY THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION OF SAID DESIGNATION; AND
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS. brownfields are defined as sites that are generally
abandoned, idled, or underutilized industrial or commercial property where
expansion or redevelopment is complicated by actual or perceived
environmental contamination; and
WHEREAS, the State of Florida has provided in Chapter 97'277, Laws
of Florida, codified as Sections 376.77"376.84, Florida Statutes, for the
designation by resolution of certain areas consisting of one or more
Brownfields sites as "Brownfields Area," and for the corresponding provisions
of environmental remediation, rehabilitation and economic development for
such areas; and
WHEREAS. the City of Cocoa wishes to notify the Florida Department
of Environmental Protection of its decision to designate its Enterprise Zone
and Redevelopment Areas as a Brownfields Area for remediation,
rehabilitation and economic development for the purposes set forth in
Sections 376.77-376.84, Florida Statutes; and
City of Cocoa Resolution No. 2004-01
Page 1 of 4
I
WHEREAS, the City of Cocoa has additionally considered, and finds in
the affirmative, the criteria set forth in Section 376.80(2)(a)1-4, Florida
Statutes, namely: (j) whether the proposed Brownfields Area warrants
economic development and has a reasonable potential for such activities, (in
whether the Brownfields Area represents a reasonably focused approach and
is not overly large in geographic coverage. (iti) whether the Brownfields Area
has potential to interest the private sector in participating in remediation,
rehabilitation and economic development, and (iv) whether the Brownfields
Area has sites or parts of sites suitable for limited recreational open space,
cultural, or historical preservation purposes; and
WHEREAS, the Florida Department of Environmental Protection has
assigned Brownfield Area Identification (ID) Number BF050401000, pending
adoption of this resolution and notification to said agency; and
WHEREAS, pursuant to Section 376.80(4), Florida Statutes, the City
is required to establish a Brownfields Advisory Committee, or use an existing
advisory committee, to address redevelopment of the Brownueld Area for the
purpose of improving public participation and receiving public comment on
rehabilitation and redevelopment of the Brownfield Area, future land use,
local employment opportunities, community safety, and environmental
justice; and
WHEREAS, the procedures set forth in Section 166-041, Florida
Statutes, have been followed, and proper notice has been provided 10
accordance with Section 376.80(1) and 166.041(3)(c)2, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COCOA, BREVARD COUNTY, FLORIDA, that:
Section 1. The recitals and findings set forth in the Preamble
to this Resolution are hereby adopted by reference thereto and
incorporated herein as fully set forth in this Section.
Section 2. The area depicted on "Exhibit A," attached hereto
and incorporated by reference, is hereby designated as a State of
Florida Brownfields Area for environmental remediation,
rehabilitation and economic development for the purposes as set forth
in Sections 376.77-376.84, Florida Statutes, under the following terms
and conditions:
The City of Cocoa shall be the entity responsible for the
Brownfields Area remediation and rehabilitation pursuant to
Section 376.80(3), Florida Statutes. However, such designation
City of Cocoa Resolution No. 2004-01
Page 2 of 4
shall not render the City of Cocoa liable for costs of site
remediation,. rehabilitation or source removal, as those terms
are defined in Sections 376.77'376.84, Florida Statutes.
Such designation shall not render the City of Cocoa liable for the
costs of site remediation, rehabilitation or source removal, as
those terms are defined in Section 376.79(14) and (15), Florida
Statutes, or for any other costs in excess of those attributable to
the City of Cocoa's role as administrator of a Brownfields Area
site remediation and rehabilitation program and as a property
owner, if it owns or hereafter acquires any real property within
the designated Brownfields Area.
Section 3. The City of Cocoa hereby establishes that the Cocoa
Enterprise Zone Development Agency will serve as the advisory
committee to address redevelopment of the Brownfields Area.
Section 4. The City of Cocoa will advise the Florida
Department of Environmental Protection where there is a person who
has assumed responsibility for Brownfield site rehabilitation within
the designated Brownfields Area.
Section 5, The City Manager is hereby authorized to notify
the Florida Department of Environmental Protection as the to the City
of Cocoa's decision to designate a Brownfields Area for remediation,
rehabilitation and economic development for the purposes set forth in
Sections 376.77-376.84, Florida Statutes.
Section 6. All prior inconsistent resolutions adopted by the
City Council are hereby repealed.
Section 7. If any section, clause, phrase, word, or provision is
for any reason held invalid or unconstitutional by a court of competent
jurisdiction, whether for substantive or procedural reasons, such
portions shall be deemed a separate, distinct, and independent
provision, and such holding shall not affect the validity of the
remaining portions of this resolution.
Section 8. This resolution shall become effective immediately
upon adoption by the Cocoa City Council.
City of Cocoa Resolution No. 2004-01
Page 3 of 4
ADOPTED by the City Council of the City of Cocoa, Florida, in a
regular meeting asse1hbled this 13th day of January, 2004.
~
dy J. ish, Mayor
.....
City of Cocoa Resolution No. 2004-01
Page 4 of 4
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RESOLUTION 483-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM
BEACH, FLORIDA, DESIGNATING PORTIONS OF THE DOWNTOWN
COMMUNITY REDEVELOPMENT AREA AND THE NORTHWOOD PLEASANT
CITY COMMUNITY REDEVELOPMENT AREA AS BROWNFIELDS AREAS FOR
THE PURPOSE OF ENVIRONMENTAL REMEDIATION, REHABILITATION AND
ECONOMIC DEVELOPMENT; AUTHORIZING THE CITY CLERK TO NOTIFY TIlE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID
DESIGNATION; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the State of Florida has provided in Ch. 97-277, Laws of Florida, codified
as Sections 376.77-376.84, Florida Statutes, the Florida Brownfields Redevelopment Act (the
"Act"), for the designation by resolution of certain areas as "brownfield areas", and for the
corresponding provision of environmental remediation, rehabilitation and economic
development for such area; and
WHEREAS, the City desires to designate, pursuant to the Act, certain portions of the
Downtown Community Redevelopment Area and the Northwood Pleasant City Community
Redevelopment Area, as delineated in the maps attached hereto as Exhibit "A" ("Area"), to
secure the benefits accruing to property owners under the Act; and
WHEREAS, the Area meets the criteria specified in Florida Statutes 376.80(2)(a) for
designation as a brownfield area in that it is contained within the City's community
redevelopment areas and enterprise zone; and
WHEREAS, the City of West Palm Beach wishes to notify the Florida Department of
Environmental Protection of its decision to designate the brownfield area for remediation,
rehabilitation and economic development for the purposes set forth in Sections 376.77-376.84,
Florida Statutes; and
WHEREAS, the procedures set forth in Section 166.041, Florida Statutes, have been
followed and proper notice has been provided in accordance with Sections 376.80(1) and
166.04(3)(c)2. Florida Statutes.
. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WEST PALM BEACH, FLORIDA, that
1. The recitals set forth in the Preamble to this Resolution are hereby adopted by
reference thereto and incorporated herein as if fully set forth in this Section.
. ,
2. The Area is hereby designated as a Brownfield Area for environmental
remediation, rehabilitation and economic development for the purposes as set forth in Sections
376.77-376.84. Florida Statutes, under the following terms and conditions:
(a) Such designation shall not render the City of West Palm Beach liable for
costs of site remediation, rehabilitation and economic development or source removal, as those
terms are defined in Section 376.79(14) and (15), Florida Statutes, or for any other costs that
may arise or be incurred.
(b) That the City Clerk is hereby authorized to notify the Florida Department
of Environmental Protection of the City of West Palm Beach's decision to designate a
Brownfield site for remediation, rehabilitation and economic development for the purposes set
forth in Sections 376.77-376.84, Florida Statutes.
(c) That the City will advise the Florida Department of Environmental
Protection when there is a property owner who has assumed responsibility for a brownfield site
rehabilitation within the Area.
(d) That this resolution shall take effect upon passage.
PASSED AND ADOPTED thi~.,t~ay of?'" e,,~ 2003.
~~~
City Clerk (
CITY OF WEST PALM BEACH,
~
e9ty~
Presiding Officer
STATE OF FLORIDA
COUNTY OF PALM BEACH
CITY OF WEST PALM BEACH
This copy is a true copy of the original
on file in this office. WITNES~ my hand
and Official Seal. This ol.r day of
'n~~~ 20~.
_ -4 ~alm Beach
By~ eputy Clerk
City Attorney's Office
Approved as to fOID1
And~eg .
By:
Date: .,
F:\SuzanneP\Brownfield Designation\2003 Resolution designating areas.doc
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EXHIBIT A
RESOLUTION NO. 483"()3
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~ Proposed Brownfields Designation
._ Geslgnatedlrownfield Areas
Florida's brown field areas are designated by resolution of a local government, and are
defined as contiguous areas of one or more brown field sites, some of which may not
be contaminated. Such areas may include all or portions of community redevelopment
areas, enterprise zones, empowerment zones, Environmental Protection Agency-
designated bro wn field pilot projects, and other designated areas or communities
experiencing economic distress.
A brownfield site means real property, the expansion, redevelopment, ot reuse of which
may be complicated by actual or perceived environmental contamination.
Florida's brownfield program offers businesses and developers a very generous and
flexible set of regulatory and financial incentives to clean up and redevelop a brownfield
site. Just a few of the advantages of brown field sites include:
. $2,500 job bonus refund for each new job created by an eligible business
. Highly attractive business locations with existing infrastructure
. Proximity to highly skilled labor and downtown business districts
. Increased state loan guarantees to improve lending opportunities
. Use of federal, state and local resources to assist in the redevelopment
of brownfields
. Expedited permitting
For the community, brownfield
redevelopment projects create new jobs
and tax revenues, improve the environment,
revitalize neighborhoods, increase property
values, eliminate environmental inequities,
and enhance the overall quality of life.
Alachua County
.-...-.----...----"...-.--.-.---..--.----.----......-
Brevard County
Broward County
Charlotte County
Citrus County
._.____n....'__..__..._.___
Clay County
Collier County
-..----.-----.-----....----.-.-.--
Duval County
Escambia County
ittI"'l_tlQ'~I!LD,ARM5
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Gadsden County
Gulf County
Hamilton County
Hillsborough County
Lake County
Lee County
Leon County
Manatee County
Marion County
Miami-Dade County
......._............____.__...u...."".
Orange County
Palm Beach County
Pinellas County
Polk County
Santa Rosa County
Sarasota County
Vol usia County
Washington County
0)\ .,;
{Page 1 of 2)
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,. eflorida,coJl!
State Incentives
Brownfield Redevelopment Bonus Refund
A $2,500 tax refund is available for each new job created by an eligible business,
See Section 288.107, Florida Statutes, for details.
Voluntary Clean Up Tax Credits (VCTC)
Projects that execute a Brownfield Site Remediation Agreement (BSRA) with the Florida
Department of Environmental Protection are eligible for a 50% tax credit for cleanup
costs. The tax credit is applicable to Florida's corporate income tax. An additional 25% tax
credit is available if the property is redeveloped with affordable housing.
See Section 376.30781, Florida Statutes, for details.
Sales Tax Credit on Building Materials
A sales tax credit on building materials is available for construction of housing or mixed-use projects.
See Section 212.08, Florida Statutes, for details.
Loan Guarantee Program
Up to 5 years of state loan guarantees may be available for redevelopment projects in brownfield areas. The loan guaranty
applies to 50% of the primary lender loan. If the project is for affordable housing, the loan guaranty applies to 75% of the
lender loan. See Section 376.86, Florida Statutes, for details.
Cleanup Liability Protection
Cleanup liability protection is available for projects that have an executed Brownfield Site Remediation Agreement with
the Florida Department of Environmental Protection. See Section 376.82, Florida Statutes, for details.
<lblte:<:ot1tacts
Enterprise Florida, Inc.
Joseph Bell
800 North Magnolia Avenue
Suite 1100
Orlando, Florida 32803
Phone: 407.956.5622
Fax: 407.956.5559
Email: jbell@eflorida.com
www.eflorida.com
Florida Department of Environmental Protection
Kim Walker
Brownfield Redevelopment Program
Bureau of Waste Cleanup, MS 4505
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Phone: 850.245.8934
Fax: 850.245.8976
Email: kim.walker@dep.state.fl.us
www.dep.state.fl.us
Governor's Office of Tourism, Trade &
Economic Development
Mary Helen Blakeslee
2001 The Capitol
Tallahassee, Florida 32399-0001
Phone: 850.922.8743
Fax: 850.487.3014
Email: MaryHelen.Blakeslee@MyFlorida.com
www.myflorida.com
bistrkt._
~ffj~!___________________________ Contact _---.!~~_ne -----J
Northeast District Office Craig Parke 904.807.3221 I
-N~-;th;~~t[)i~t;i~1:0ffi~;- ---Ai;-~-Webst;--- --850.5 95 .83 60-1
C~~t;;M)~tric1:-offi~~----G;~~g~ Houston- 407.894.75551
Southwest District Office John Sego 813.632.7600
South District Office Mel Reinhart 239.332.6975
Southeast District Office ArtTorvela 561.681.6676
Enterprise Florida, fnc. is a partnership between Fforida's government and business leaders
and is the principal economic development organization for the State of Florida.
{Page 2 of 2)
Background
The u.s. Environmental Protection Agency (EPA)
is committed to helping clean up and revitalize
former industrial or commercial property
where reuse is complicated by environmental
contamination concerns. EPA and its federal
partners believe that with the right incentives,
these former engines of industrial growth can once
again generate value for both the private and public
sectors.
What's in These Guidelines:
o An introduction to the Brownfields Tax
Incentive
o A real life example
o Recommended steps for utilizing the
Brownfields Tax Incentive
o A list of additional resources
These areas are "brownfields," defined as "real
property, the expansion, redevelopment, or reuse
of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or
contaminant." These properties may be large or small; urban or rural; former factories or warehouses. They
have all been left idle due to concerns about cleanup costs and legal liabilities.
Originally signed into law as part ofthe Tax Relief Act of August 1997, and codified through Section
198 (a) of the Internal Revenue Code, the Brownfields Tax Incentive is intended to spur the cleanup and
revitalization of brownfield properties. Redevelopment can lead to a wide variety of public benefits, including
environmental cleanup, reduced blight, new jobs, and higher tax revenues. Private sector companies have
also seen the advantages of brownfields redevelopment. Many of these sites are located in areas with
existing infrastructure, transportation, and promising markets.
Under the tax incentive, certain environmental cleanup costs at targeted sites may be fully deducted by
eligible taxpayers in the year in which they are incurred, rather than having to be capitalized and spread over
a period of years. This tax incentive is one of many federal initiatives to encourage business development and
commercial economic revitalization. There are programs in existence that address a multitude of brownfields
issues, including expanding access to capital, small business technical assistance, and workforce training
and hiring incentives. Business owners should review the full range of initiatives available to help turn a
brownfield into an attractive business location.
An Introduction to the Brownfields Tax Incentive
The Brownfields Tax Incentive is not a tax credit, but reduces your tax burden indirectly by lowering your
taxable income. The incentive does this by allowing you to claim eligible cleanup costs as a current expense,
rather than capitalizing them as long-term assets. Companies prefer deductions because these substantially
reduce their current income, allowing them to capture tax savings now rather than later.
The Brownfields Tax Incentive encourages brownfields cleanup and redevelopment by allowing taxpayers to
immediately reduce their taxable income by the cost of their eligible cleanup expenses. The incentive creates
an immediate tax advantage from these expenses, helping to offset short-term cleanup costs.
The Brownfields Tax Incentive: A Real Life Example
The following real life example demonstrates the benefits of the Brownfields Tax Incentive in practice.
(Note: additional case studies involving the Brownfields Tax Incentive can be found at: http://www.epa.
gov /brownfields/bftaxinc.htm.)
Project Background
Located in West Chester, Pennsylvania, Alliance Environmental is a demolition and environmental
service company that was looking to expand its headquarters. The company identified a nearby, 8.5-
acre property with a building that Alliance hoped to renovate. The site's former uses included a landfill
and a pharmaceutical manufacturing facility that had produced penicillin during the 1970s and 1980s,
contaminating the site's groundwater. Alliance purchased the property in 1998. Through a newsletter
published by a local environmental consulting firm, Alliance became aware of the then relatively new
Brownfields Tax Incentive, and immediately recognized it as a way to maintain adequate cash flow during
cleanup and redevelopment. The tax incentive allowed Alliance to deduct clean.up expenses in the same year
they were incurred, and receive a cash injection in the form of a tax refund.
Benefit #1 - An Upfront Cash Infusion
'The approval process for Alliance's use of the Brownflelds Tax Incentive was straightforward. The company
obtained an eligibility statement from the Pennsylvania Department of Environmental Protection's (PA DEP)
web site, and completed and submitted the tax incentive application in one day. Within a week, the PA DEP
provided Alliance with a letter verifying that the site qualified for the tax incentive.
Use of the incentive benefited Alliance in the following ways:
o Expensing cleanup costs in the year incurred reduced the net income on which Alliance's taxes were paid.
o Because a smaller portion of Alliance's profit from that year went to pay taxes, Alliance used the resulting
savings to defray redevelopment costs.
o Alliance's tax savings, combined with savings from a municipal tax incentive available in Pennsylvania's
Chester County, totaled more than $800,000.
o The value of Alliance's project was increased by the first year savings-and earnings on those savings-as
measured by the time value of money (even if the savings could be realized over time, today's dollars are
worth more than future dollars).
Benefit #2: A lower Real Tax Burden
Because the actual value of taxes paid are affected by when payments are made, Alliance also benefited in
the following ways:
o By realizing tax savings in the first year, Alliance's savings were impacted over the usable life of the
improved property by inflation.
o Because of inflation, dollars saved in the present year are worth more than would be dollars saved in future
years, if costs are amortized rather than expensed.
Outcome
Having saved more than $800,000 through the
.a'. Brownfields Tax Incentive and another, local
~ tax incentive, Alliance developed the property
into Good Will Park, bringing new commerce
and services to the area with more than 100,000
square feet of retail space. One of the park's
tenants, the local volunteer fire department, now
has a more central location for responding to
emergency calls. Adjacent properties have also
increased in value, which their owners attributed
to the Good Will Park redevelopment. Alliance
has since used the Brownfields Tax Incentive to enable additional projects, including the cleanup and
redevelopment of a 13.5-acre, former concrete plant.
Recommended Steps for Using the Tax Incentive
Step 1: Determine whether you meet the taxpayer requirements.
o The property must be "held by the taxpayer." This definition includes outright ownership. However, some
types of long-term lease arrangements may qualify. If there is a question, taxpayers should consult with
their tax counsel to determine whether their circumstances qualify. A list of state Brownfields Tax Incentive
contacts can be found at: http://www.epa.gov/swerosps/bf/stxcntct.htm.
o The taxpayer must hold the property for business or income generation purposes. This may include trade
or business property, investment property, or property held as inventory. This does not include personal use
property.
Step 2: Find out whether your property meets eligibility requirements.
In general, a property is eligible for the tax incentive if it is an area at or on which there has been:
o A release or threat of release of a hazardous substance (including petroleum products).
o Disposal of a hazardous substance (including petroleum products).
However, the property must not be listed or proposed for listing on EPA's Superfund National Priorities List.
What constitutes a release or a
threat of release?
A release under the Comprehensive Environmental
Response, Compensation, and Liability Act
(CERCLA) includes spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping, or disposing of
hazardous substances into the environment. The
"environment" under CERCLA includes surface
water, ground water, ambient air, and land, but does
not include indoor areas. Therefore, for a release
or a threat of release to exist, it must involve or
threaten the outdoor environment.
What is a hazardous substance?
The Brownfields Tax Incentive defines "hazardous
substance" as any substance that is defined
under CERCIA. The list of CERCLA hazardous
substances can be found at 40 CFR S302.4, Table
302.4. However, the Brownfields Tax Incentive
excludes products that are part of the structure of a
building and result in exposure within that building
(e.g., interior lead-based paint or asbestos that
results in indoor exposure) from its definition of
a "hazardous substance," even if that substance is
listed on Table 302.4.
To determine whether a particular substance is
a "hazardous substance," you should consult an
environmental attorney. U.S. EPA Regional offices
may also be a source of information on defining a
hazardous substance.
In December 2006, changes to provisions of the
Brownfields Tax Incentive were made to allow the
deduction of expenses for the cleanup of petroleum
products (e.g., crude oil, crude oil condensates, and
natural gasoline), which had previously been ineligible.
'This new eligibility for petroleum products applies to
cleanup expenses incurred from January 1, 2006 to the
incentive's current expiration on December 31,2007.
What expenses are eligible?
Generally, taxpayers may deduct those expenses that
are paid or incurred in connection with the abatement
or control of hazardous substances. For example, the
cost of building an access road could be eligible if it
was paid or incurred in connection with the abatement
or control of hazardous substances, but not if it would
just speed construction of a new building. If a taxpayer
acquires otherwise depreciable property in connection
with such an activity, the property's cost will not be
immediately deductible, but may be expensed over
the life of the property. Absent the Brownfields Tax
Incentive, such depreciation would not be allowed.
Types of eligible expenses include:
o Site assessment and investigation;
o Site monitoring;
D Cleanup costs;
o Operation and maintenance costs;
o State voluntary cleanup program oversight fees;
and
o Removal of demolition debris.
Step 3: Ask your state for a statement that you are eligible for the tax
incentive.
Before the IRS will accept the deduction, a designated state agency must provide you with a statement that
there has been a release, threat of release, or disposal of a hazardous substance at or on the property. You
can find your state's designated agency by visiting EPA's Web site at http://www.epa.gov /brownfields/
stxcntct.htm. You may also call EPA's Office of Brownfields Cleanup and Redevelopment at (202) 566-2777.
Each state agency will have a different application process and documentation requirements. Please note
that the designated state agencies do not determine whether a given expenditure is eligible. Taxpayers
should work with their tax counsel on the matter of eligible expenses.
Additional Resources
These guidelines were prepared in partnership with Department of Treasury, Department of Commerce's
Economic Development Administration, Department of Housing and Urban Development, and the Small
Business Administration. Taxpayers should also consider the following resources for information on the
Brownfields Tax Incentive.
o Internal Revenue Service Publications. To confirm whether property or expenses are eligible for
deduction under the tax incentive, taxpayers should consult with tax counsel. It may also be useful to
consult with an environmental attorney. In addition, the state contacts available at http://www.epa.gov /
brownfields/ stxcntct.htm may provide needed technical assistance on using the tax incentive.
o U.S. Environmental Protection Agency. For more information, please contact EPA's Office of Brownfields
Cleanup and Redevelopment at (202) 566-2777 or your Regional Brownfields Coordinator.
o U.S. EPA's Enviromapper. This Web-based database enables a user to map various types of environmental
information, including air releases, drinking water, toxic releases, hazardous wastes, water discharge
permits, and Superfund sites. Enviromapper can be accessed at http://www.epa.gov/enviro/htm1!em/
index.html.
o A Frequently Asked Questions (FAQ) document regarding the Brownfields Tax Incentive, as well as a
general fact sheet, can be found at: http://www.epa.gov/brownfields/bftaxinc.htm.
o Additional case studies on the Brownfields Tax Incentive can also be found at: http://www.epa.gov /
brownfields/bftaxinc.htm.
I 11l1( ~!;11( , 1 1";\1' , illllH ! ;rj)\" ! I j It '](i~ I \ '\ ,)1; , I I
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FL Dept Rev - Tax Information Publication- 2000
Page 10f2
TIP # 00AOl-23
DATE ISSUED: 08/11/00
Exemption From Sales Tax For Materials For Construction Of Single-Family
Homes In Certain Areas and Building Materials In Redevelopment Projects
Materials For Construction of Single-Family Homes In Certain Areas
Sales taxes paid on building materials purchased on or after July 1, 2000, and the labor
associated with construction of a single-family home located in an enterprise zone,
empowerment zone, or Front Porch Florida Community are eligible for refund. Qualified
homes may have an appraised value of not more than $160,000. The home must be
occupied by the owner for residential purposes. The exemption is received through a
refund of previously paid taxes by applying to the Department of Revenue and providing
the required information within six months after the home is substantially completed.
Building Materials In Redevelopment Projects
Sales taxes paid on building materials purchased on or after July 1, 2000, used in the
construction of a housing project or mixed-use project located in an urban high-crime
area, enterprise zone, empowerment zone, Front Porch Community, designated
brownfield area, or urban infill area, are eligible for refund. Housing projects are those
converting existing manufacturing or industrial buildings to housing units in such areas,
and in which the developer agrees to set aside at least 20% of the units for low-income
and moderate-income residents. Mixed-use projects are those converting existing
manufacturing or industrial buildings to mixed-use units including artists' studios, art
and entertainment, or other related uses, in such areas, and in which the developer
agrees to set aside at least 20% of the square footage of the project for low-income and
moderate-income housing. The exemption may be received by the owner through a
refund of previously paid taxes by applying to the Department of Revenue and providing
the required information within six months after the project is substantially completed.
Changes To The Urban High-Crime Area Job Tax Credit Program, Rural Job Tax
Credit Program, and Enterprise Zone Jobs Credit Against Corporate Income Tax
Effective July 1, 2000, references to "WAGES program participant" associated with
legislation governing the Urban High-Crime Area Job Tax Credit Program, Rural Job Tax
Credit Program, and Enterprise Zone Jobs Credit against corporate income tax, are
changed to reference "welfare transition program participants."
FOR MORE INFORMATION
file://T:\PLANNING\Brownfields\FL Dept Rev - Tax Information Publication- 2000.htm
01/1412008
FL Dept Rev - Tax Information Publication- 2000
Page 2 of2
This document is intended to alert you to the requirements contained in Florida laws and
administrative rules. It does not by its own effect create rights or require compliance.
For forms and other information, visit our site at http://dor.myflorida.com/dor/. Or call
Taxpayer Services, Monday through Friday, 8:00 a.m., to 7:00 p.m., ET, at 800-352-
3671 (for Florida residents only), or 850-488-6800
Hearing- or speech-impaired persons should call our TDD at 1-800-367-8331 or 850-
922-1115.
For a detailed written response to your questions, write the Florida Department of
Revenue, Taxpayer Services, 1379 Blountstown Highway, Tallahassee, FL 32304-2716.
To receive a fax copy of a form, call 850-922-3676 from your fax machine telephone.
References:
Chapters 2000-165 and 2000-353, L.O.F.
Sections 212.08(5)(n) and (0), F.S.
Section 212.097, F.S.
Section 212.098, F.S.
Section 220.181, F.S.
file://T:\PLANNING\Brownfields\FL Dept Rev - Tax Information Publication- 2000.htm
01/1412008
Brownfield Area De~lgnation Process
Local Government
Designation of
::::=::1,
(PRFBSR) Requests
Potential BF Area
ro'
I Individual
L.......,
BF Area Designation Process
Local Government Designates
Listed Areas* or Areas Outside Listed Areas
Property Owner's Option to Request
Removal from Designated BF Area
Resolution Adoption
Requirements
Countie
sI25.66/ sI25.66(4)(b)2
Muncipalities
s166.041 / sI66.041(3)(c)2
Designation of a BF Area Outside Listed Areas
Hold One Public Hearing and
Public Notice Requirements
Additonal Considerations **
before Determining Area for Designation
** Additional Considerations
I. Economic development and reasonable potential
2. Reasonably focused approach and not overly
large in geographic coverage.
3. Potential to interest private sector in rehabilitation
4. Area contains sites or parts suitable for limited
recreational open spaces, cultural, or historical
preservation.
Local Government Notifies DEP
ofIdentity ofPRFBSR
Advisory Committee Established
Review and Make Recommendations on BSRA
PRFBSR and DEP Negotiate BSRA;
if Contamination Exists
* Listed Areas:
1. Communtiy Redevelopment Areas
2. Enterprise Zones
3. Empowennent Zones
4. Closed Military Bases
5. Designated EPA Pilot
Areas
eRA BOARD MEETING OF: February 12, 2008
I Consent Agenda I
Old Business I X I
New Business
Public Hearing
Other
SUBJECT: Consideration of Entering into a Subordination Agreement with LISC on behalf of the
Boynton Beach Faith Based CDC ("BBFBCDC")
SUMMARY: In December 2006, the CRA entered into a Purchase and Development Agreement
with the BBFBCDC whereby the CRA would sell the CDC three residential lots for the development of
three owner-occupied affordable single-family homes. The CDC is preparing to close on their
construction financing with the Local Initiative Support Coalition ("LISC"). In order to make the loan,
LISC is requiring subordination of the CRA's reverter right and right of reentry.
Currently the CDC is six months behind in the development timeline laid out in the Purchase and
Development Agreement. However, without the execution of the Subordination Agreement, the project
will not have construction financing and the CRA may have to exercise its reverter right to take the
property back.
FISCAL IMPACT: None
RECOMMENDATIONS: Staff recommends that the Board execute the Subordination
Agreement with LISC contingent upon the CDC providing proof of construction loan closing by March
31, 2008 to the CRA.
~~
Vivian L. Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\0802 12 CRA Board Meeting February\CRA Subordination to L1SC.doc
Local Initiatives Support
Corporation
501 Seventh Avenue, 7th Floor
New York, New York 10018
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PARCEL ID NO.
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RECORDER'S USE
THIS INSTRUMENT PREPARED BY:
, Esq.
LISC P.A. No.
SUBORDINATION AGREEMENT
This subordination agreement is executed this _ day of , 2008, by
the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to
Chapter 163, Part III, of the Florida Statutes (the "CRA").
Background
A. Boynton Beach Faith-Based Community Development Corporation (the
"Developer") owns property located in the CRA of Boynton Beach, County of
Palm Beach, Florida, and more particularly described on Exhibit A attached
hereto (the "Land").
B. The Developer expects to construct three single-family homes on the Property,
to be sold to families who earn below 120% of median household income for
Palm Beach County (the "Project").
e. Local Initiatives Support Corporation ("LISC") has agreed subject to the
satisfaction of certain closing and disbursement conditions to make a loan (the
"LISC Loan") to Developer evidenced by a promissory note (the "LISC Note)
executed by Developer to the order of LISC to fund construction costs related to
the Project.
D. The LISC Note and related obligations are to be secured by a mortgage, security
agreement, assignment of leases and rents and fIxture filing (the "LISC
Mortgage"), to be executed by Developer for the benefIt of LISe.
E. The LISC Mortgage shall encumber the Land and the improvements, fIxtures,
equipment, and other personal property described in the LISC Mortgage (the real
and personal property in which LISC shall be granted a lien or security interest
under the LISC Mortgage are referred to collectively in this Agreement as the
"Property"), and the LISC Mortgage shall be recorded as a fIrst priority lien on
the Property.
T:\DEVELOPMENT\HOB\Parker Site\Subordination LIse.doc
F. The Property is subject to the terms, covenants and restrictions of a certain
Purchase and Sale Agreement by and between the Developer and the CRA,
attached as Exhibit B hereto
G. Under the Purchase and Sale Agreement, the CRA retained the power to
terminate the estate conveyed by Warranty Deed by the CRA to Developer,
dated January 19, 2007, and recorded on January 31, 2007 , in the Public Records
of Palm Beach County, Florida as Document No. 20070050966 in Official
Records Book 21363, Page 213 (the "Warranty Deed"), pursuant to a right to
reverter created in Section 18.5 of the Purchase and Sale Agreement (the
"Reverter Right").
H. Pursuant to the Reverter Right the estate or interest in the Property conveyed to
Developer by the CRA automatically reverts back to the CRA if Developer does
not meet the project development timeline described in Section 18.4 of the
Purchase and Sale Agreement (the "Development Timeline") and the CRA
would have the right to re-enter the Property (the "Right of Re-entry"), thereby
terminating all right, title and interest of Developer in and to the Property.
1. The Developer did not meet milestones described in the Development Timeline.
J. LISC will not make the LISC Loan to the Developer for the Project unless the
CRA subordinates both the CRA 's Reverter Right and the CRA 's Right of Re-
entry to the LISC Mortgage.
K. The CRA wishes to induce LISC to make the LISe Loan to Developer for the
Project.
Terms
In consideration of the foregoing, and for other good and valuable consideration, the
receipt and sufficiency of which are acknowledged, the CRA agrees for the benefit of
LISe, its successors and assigns as follows:
1. The CRA's Reverter Right and Right of Re-Entry are subordinated to the LISe
Mortgage, In furtherance of the foregoing, the CRA agrees that any termination or
reversion back to the CRA of the estate or interest in the Property conveyed by the
Warranty Deed, and any termination of the right, title, and interest of Developer in
and to the Property, as a result of the eRA's Reverter Right or Right of Re-Entry,
shall always be subject to and limited by, and shall not defeat, render invalid, or limit
in any way, the first priority lien of the LISe Mortgage.
T:\DEVELOPMENT\HOB\Parker Site\Subordination LISC.doc
2. The Development Timeline is amended, to read as follows:
BOYNTON BEACH FAITH-BASED CDC
Proposed Amended Development Timeline
Activities Orildnal Timeline* New Timeline Status
Secure Construction Loan March 2007 or three October 2007 The loan will be
months from the closed by end of
execution of the contract February 2008
Completion of construction March 2007 or three No change The plans have
documents months from the been delivered
execution of the contract
Permitting and installation of April 2007 or four (4) No change Completed
project marketing sign months from the
execution of the contract
Executed Agreement with April 2007 or four No change Executed
General Contractor with four months from the
(4) months execution of the contract
Homes must be marketed June 2007 No Change Homes have been
within 6 months marketed - all
three (3) units
sold.
Construction Permit to be July 2007 January 2008 The permits have
issued within seven (7) been issued.
months
Groundbreaking ceremony July 2007 November Completed
2007
Commencement of August 2007 March 2008 Upon the closing
construction of the loan,
construction will
start
Qualifications of buyers Decem ber 2007 Completed. All
within 12 months of contract units have been
execution sold.
Certificate of Occupancy to be July 2007 November The project has
completed within 18 months 2008 been delayed six
of the execution contract (6) months;
however, CO will
be issued in
November 2008
Homes must be conveyed to August 2007 December 2008
buyers within nineteen (19)
months
T:\DEVELOPMENT\HOB\Parker Site\Subordination L1SC.doc
WITNESSES
Boynton Beach Community Redevelopment
Agency
By:
Its:
STATE OF FLORIDA
: SS
COUNTY OF
On this _ day of ,200_, before me, a Notary Public, personally appeared
, who acknowledged that he/she is of
, a Florida [non-profit corporation/ ], and
being authorized to do so, executed the foregoing Mortgage and Security Agreement for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
T:\DEVELOPMENT\HOB\Parker Site\Subordination LIse.doc
EXHIBIT A
LEGAL DESCRIPTION
Attached.
T:\DEVELOPMENT\HOB\Parker Site\Subordination LIse.doc
EXHIBIT B
PURCHASE AND SALE AGREEMENT
Attached.
T:\DEVELOPMENT\HOB\Parker Site\Subordination LISC.doc
PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (hereinafter "Agreement") is made and
entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, a public agency created purSUal~t to Chapter
163, Part III, ofthe Florida Statutes (hereinafter "SELLER") and BOYNTON BEACH FAITH-
BASED COMMUNITY DEVELOPMENT CORPORATION (hereinafter "PURCHASER"),
having an address of2191 N. Seacrest Blvd, Boynton Beach, Florida, 33435.
In consideration of the mutual covenants and agreements herein set forth, the Parties
hereto agree as follows:
1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to
PURCHASER alld PURCHASER agrees to purchase and acquire from SELLER, on the terms
and conditions hereinafter set forth, the Property which consists of three parcels located in Palm
Beach County, Florida (the "Property") and more particularly described as follows:
See Attached Exhibit" A".
2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the
Property shall be Ten Dollars ($10.00), receipt of which is hereby acknowledged. The parties
agree that SELLER is conveying the Property to PURCHASER for the construction of three
single-family homes to be sold to families who earn below 120% of Median Household Income
for Palm Beach County. SELLER has complied with Section 163.380, Florida Statutes, in
proceeding with the sale of the Property to PURCHASER.
3.
DEPOSIT.
Not applicable.
4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be
the date when the last one of the SELLER and PURCHASER has signed the Agreement.
5. CLOSING. The purchase and sale transaction contemplated herein shall close on
or before JaJ.1Ual'y 12, 2007 (the "Closing"), unless extended by other provisions of this
Agreement or by written agreement, signed by both parties, extending the Closing.
6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to
PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment
(hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property,
free and clear of any and all liens, encumbrances, conditions, easements, assessments,
restrictions a11d other conditions except only the following (collectively, the "Permitted
Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and
subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications,
rights-of-way and matters of record included on the Title Commitment or shown on the Survey
(defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to
accept, pursuant to Section 7.1 and Section 7.2 hereof.
PURCHASE AGREEMENT
Page 2 of 13
7. INVESTIGATION OF THE PROPERTY. During the term of this Agreement
("Feasibility Period"), PURCHASER, and PURCHASER'S agents, employees, designees,
Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively,
"Agents"), shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with
members of Governmental Authorities regarding the Property and to enter upon the Property, at
any time and from time to time with reasonable notice to SELLER and so long as said
investigations do not result in a business interruption, to perform any and all physical tests,
inspections, and investigations of the Property, including but not limited to Phase I and Phase II
investigations, which PURCHASER may deem necessary. During this Feasibility. Period,
PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this
contract. If PURCHASER elects to terminate this Agreement in accordance with this Section,
PURCHASER shall: (i) leave the Prope11y in substantially the condition existing on the Effective
Date, subject to such disturbance as was reasonably necessary or convenient in the testing and
investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage
caused to the Property by PURCHASER'S testing and investigation; and (iii) release to
SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S
testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER
harmless from and against all claims, losses, expenses, demands and liabilities, including, but not
limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including,
without limitation, any constmction liens resulting therefrom) or for damage to persons or
property (subject to the limitation on practicability provided above) arising out of
PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section
shall survive the tennination, expiration or Closing of this Agreement. SELLER hereby agrees to
indemnify and hold PURCHASER harmless from and against all claims, losses, expenses,
demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for
services rendered to SELLER or for damage to persons or propeliy (subject to the limitation on
practicability provided above) arising out of PURCHASER'S investigation of the Property.
SELLER'S obligations under this Section shall survive the termination, expiration or Closing of
this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory
limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its
sovereign immunity rights.
7.1 Seller's Documents. SELLER shall deliver to PURCHASER the
following documents and instmments within five (5) days of the Effective Date of this
Agreement: copies of any reports or studies (including environmental, engineering, surveys, soil
borings and other physical reports) in SELLER'S possession or control with respect to the
physical condition of the Propeliy, if any.
7.2 Title Review. Within ten (10) days ~f the Effective Date, PURCHASER
shall obtain, at the PURCHASER'S expense, from a Title Company chosen by PURCHASER
(hereinafter "Title Company"), a Title Commitment covering the Property and proposing to
insure PURCHASER in the amount of the Purchase Price subject only to the Permitted
Exceptions, together with complete and legible copies of all instruments identified as conditions
or exceptions in Schedule B of the Title Commitment. SELLER shall examine the Title
Commitment and deliver written notice to PURCHASER no later than twenty (20) days after the
Effective Date notifying SELLER of any objections PURCHASER has to the condition of title
PURCHASE AGREEMENT
Page 3 of 13
(hereinafter "PURCHASER'S Title Objections'~). If PURCHASER fails to deliver
PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be
deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER
timely delivers the PURCHASER'S Title Objections, then SELLER shall have thi11y (30) days
to diligently and in good faith undertake all necessary activities to cure and remove the
PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is
unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title
Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in
PURCHASER'S sole and absolute discretion, shall have the option of (i) extending 1:he Cure
Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the
Property as of the time of Closing or (iii) canceling and telminating this Agreement, in which
case, the Deposit shall be re1:ll!1led to PURCHASER and the Pal1ies shall have no further
obligations or liability hereunder, except for those expressly provided herein to survive
termination ofthis Agreement.
Prior to the Closing, PURCHASER shall have the right to cause the Title
Company to issue all updated Title Commitment ("Title Update") covering the Property. If any
Title Update contains allY conditions which did not appear in the Title Commitment, and such
items render title unmarketable, PURHCASER shall have the right to object to such new or
different conditions in writing prior to Closing. All rights and objections of the Parties with
respect to objections arising from the Title Update shall be the same as objections to items
appearing in the Title Commitment, subject to the provisions of this Section.
7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain
a current boundary survey (the "Survey") of the Property, indicating the number of acres
comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments
on the Property or that improvements located thereon encroach on setback lines, easements,
lands of others or violate allY restrictions, covenants of this Agreement, or applicable
governmental regulations, the sanle shall constitute a title defect and shall be governed by the
provisions of Section 7.2 concerning title objections.
8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on
the purchase of the Property unless each of the following conditions (collectively, the
"Conditions to Closing") are either fulfilled or waived by PURCHASER in writing:
8.1 Representations and Warranties. All of the representations and warranties
of SELLER contained in this Agreement shall be tme and correct as of Closing.
8.2 Condition ofPropertv. The physical condition of the Property shall be the
same on the date of Closing as 011 the Effective Date, reasonable wear and tear excepted.
8.3 Pending Proceedings. At Closing, there shall be' no litigation or
administrative agency or other governmental proceeding of any kind whatsoever, pending or
threatened, which has 110t been disclosed, prior to closing, and accepted by PURCHASER.
PURCHASE AGREEMENT
Page 4 of 13
8.4 Compliance with Laws and Regulations. The Property shall be in
compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes,
requirements, licenses, permits and authorizations as of the date of Closing.
9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared,
the Closing Documents set forth in this Section, except for documents prepared by the Title
Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered
to PURCHASER the following documents and instruments:
9.1 Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid,
good, marketable and insurable fee simple title to the Property free and clear of all liens,
encumbrances and other conditions of title other than the Pennitted Exceptions.
9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's
affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against
the Property under the applicable construction lien law; and that there are no parties in
possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a
non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its
affidavits referenced above, the same shall be deemed an uncured title objection.
9.3 Closing Statement. A closing statement setting forth the Purchase Price,
all credits, adjustments and prorations between PURCHASER and SELLER, all costs and
expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also
execute and deliver at Closing.
9.4 Corrective Documents. Documentation required to clear title to the
Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions.
9.5 Additional Documents. Such other documents as PURCHASER or the
Title Company may reasonably request that SELLER execute and deliver, and any other
documents required by tlus Agreement or reasonably necessary in order to close this transaction
and effectuate the terms of this Agreement.
10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES.
10.1 Prorations. Taxes for the Property shall be prorated tlu'ough the day
before Closing. Cash at Closing shall be increased or decreased as may be required by
prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the
current year's tax with due allowance made for maximum allowable discount. If Closing occurs
at a date when the current year's millage is not fixed and current year's assessment is available,
taxes will be prorated based upon such assessment and prior year's millage. If CUlTent year's
assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based
on an estimate shall, at request of either party, be readjusted upon receipt of tax bill.
PURCHASE AGREEMENT
Page 5 of 13
10.2 Closing Costs. SELLER shall pay for documentary stamps on the deed,
recording the deed and all general closing expenses (settlement fee, courier fees, overnight
packages, etc.).
10.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject
to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable)
shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at
Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a
"marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and
other recordable Closing Documents in the appropriate public records.
10.4 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain,
or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments
applicable to and encumbering the Property.
11. REPRESENTATIONS, COVENANTS AND WARRANTIES.
11.1 Seller's Representations and Warranties. SELLER hereby represents,
covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as
follows:
11.2 Authority. The execution and delivery of this Agreement by SELLER and
the consummation by SELLER of the transaction contemplated by this Agreement are within
SELLER'S capacity and all requisite action has been taken to make this Agreement valid and
binding on SELLER in accordance with its terms. The person executing this Agreement on
behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this
Agreement represents a valid and binding obligation of SELLER.
11.3 Title. SELLER is and will be on the Closing Date, the owner of valid,
good, marketable and insurable fee simple title to the Property, free and clear of all liens,
encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances
of record which will be discharged at Closing).
12. DEFAULT.
12.1 Purchaser's Default. In the event that this transaction fails to close due to
a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of
Paragraph 12.3 below, neither PURCHASER nor SELLER shall have any further obligation or
liabilities under this Agreement, except for those expressly provided to survive the termination of
this Agreement; provided, however, that PURCHASER shall also be responsible for the removal
of any liens asserted against the Property by persons claiming by, through or under
PURCHASER, but not otherwise.
12.2 Seller's Default. In the event that SELLER shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement,
PURCHASE AGREEMENT
Page 6 of 13
PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice
delivered to SELLER, in which event PURCHASER may terminate this Agreement and neither
Party shall have any further rights hereunder.
12.3 Notice of Default. Prior to declaring a default and exercising the remedies
described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party
describing the event or condition of default in sufficient detail to enable a reasonable person to
determine the action necessary to Clue the default. The defaulting Party shall have fifteen (15)
days from delivery of the notice during which to cure the default, provided, however, that as to a
failure to close, the cure period shall only be three (3) Business Days from the delivery of notice,
Both parties agree that if an extension is requested, such extension shall not be mueasonably
withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party
may exercise the remedies described above.
12.4 Survival. The provisions of this Section 12 shall survive the termination
of this Agreement.
13. NOTICES. All notices required in this Agreement must be in writing and shall be
considered delivered when received by certified mail, return receipt requested, or personal
delivery to the following addresses:
If to Seller:
Boynton Beach Community Redevelopment Agency
Attention: Executive Director, Lisa A. Bright
915 S. Federal Highway
Boynton Beach, Florida 33435
With a copy to:
Kenneth G. Spillias, Esq.
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
If to Buyer:
Boynton Beach Faith Based Community Development
Corporation
Attention: David Zimet
Street Address: 2191 N. Seacrest Blvd
Boynton Beach, Florida 33435
14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this
Agreement are hereby made binding on, and shall inure to the benefit of, the successors and
pennitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement
without the prior written consent of PURCHASER, which shall not be unreasonably withheld.
PURCHASER may not assign this Agreement to any other party without the prior written
approval of SELLER.
15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is
materially altered by an act of God or other natural force beyond the control of SELLER,
PURCHASE AGREEMENT
Page 7 of 13
PURCHASER may elect, as its sole option, to terminate this Agreement and the parties shall
have no further obligations under this agreement, or PURHCASER may accept the Property
without any reduction in the value of the Property.
16. BROKER FEES. The Parties hereby confirm that neither of them has dealt with
any broker in connection with the transaction contemplated by this Agreement. Each Party shall
indemnify, defend and hold harmless the other Party from and against any and all claims, losses,
damages, costs or expenses (including, without limitation, attomey's fees) of any kind or
character arising out of or resulting from any agreement, alTangement or understanding alleged
to have been made by either Party or on its behalf with any broker or finder in cOlmection with
this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory
limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its
sovereign immunity rights. The provisions of this Section shall survive Closing or termination of
this Agreement.
17. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S
knowledge, the Property and the use and operation thereof are in compliance with all applicable
county and govenmlental laws, ordinances, regulations, licenses, pelmits and authorizations,
including, without limitation, applicable zoning and environmental laws and regulations.
18. DEVELOMENT AND SALE OF THE PROPERTY. SELLER and
PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose
of developing, marketing and selling three single-family homes to families whose income does
not exceed 120% of median household income for Palm Beach County as set by HUD.
18.1 Construction and Sale. PURCHASER agrees to constmct three (3) single
family homes pursuant to the constmction schedule and requirements provided herein.
PURCHASER must construct all three homes concunently (phasing is not permitted). Each
home may not exceed a sale price of Two-Hundred and Thirty-Thousand Dollars ($230,000.00).
Each home must be sold to a first-time homebuyer and must be occupied by the owner.
18.2 Construction Requirements. The following amenities are required in each
home and must confOlm to or exceed City of Boynton Beach codes and regulations unless
otherwise specified:
a. Three (3) bedrooms with one master bedroom.
b. Two full bathrooms including one in the master bedroom.
c. The master bedroom must be a minimum of 13'x 14' and
must contain a walk-in closet.
d. Double kitchen sink.
e. Interior and exterior light fixture package.
PURCHASE AGREEMENT
Page 8 of 13
f. Ceramic tile in the entryway, kitchen and batlu'ooms; carpet
elsewhere.
g. Appliances must be new and include: washer, dryer, self-cleaning
range, range hood, garbage disposal, refrigerator with ice maker
and water line, and ceiling fans in all bedrooms and living room.
h. Wiring for: alann system, cable, internet and phone.
1. Window treatments must be mini-blinds or upgrade.
J. Automated in-ground sprinkler system, including swale.
k. One-car garage.
1. Impact-resistant windows (Dade-County standards).
m. Standing seanl metal roof.
n. Landscaping must exceed City of Boynton Beach code
requirements.
o. Overall design of each home must confirm to the design
recommendations in the Heart of Boynton ("HOB") Community
Redevelopment Plan and the HOB Master Plans and Schematic
Designs.
18.3 Seller Design Approval. SELLER shall have the right to approve of the
design of each home and such approval shall be provided in writing to PURCHASER within
three (3) business days of receipt of final plans.
l8.4 Development Timeline. The following events must be documented in
vvriting and provided to the SELLER upon completion of each. Time is calculated from the
Effective Date.
a. Secure Construction Loan within tluee (3) months (copy of
fi.mding commitment letter shall be provided to SELLER).
b. Completion of construction documents within three (3) months
(stamped plans shall be submitted to SELLER).
c. Permitting and installation of project marketing sign which is to
include SELLER'S logo and board member names and shall be
pre-approved by SELLER within four (4) months.
d. Executed agreement. with General Contractor within four (4)
months ( copy of executed agreement to be provided to SELLER).
PURCHASE AGREEMENT
Page 9 of 13
e. Homes must be marketed within six (6) months (Copies of
advertisements or other marketing materials to be provided to
SELLER).
f. Construction permit to be issued within seven (7) months (Copy of
permit to be provided to SELLER).
g. Groundbreaking ceremony to be coordinated with SELLER'S
Marketing and Events Manager within seven (7) months.
h. Commencement of construction within eight (8) months
(photographs of site and/or written description of progress to be
provided to SELLER).
1. Qualification of Buyers within twelve (12) months (Copy of
private mortgage funding commitment and documentation proving
buyers qualify to income limits as set above to be provided to
SELLER).
J. Certificate of Occupancy to be provided within eighteen (18)
months.
k. Homes must be conveyed to buyers within nineteen (19) months
(copies of closing statement, proof of income qualification and
executed deeds to be provided to SELLER).
18.5 Revelier. If the timeline outlined in Section 18.4 above is not strictly met,
and PURCHASER has not provided SELLER with a written notification as to the reason
explaining that circumstances not under the control of PURCHASER have prevented
PURCHASER from meeting the timeline, then the Property shall automatically revelt back to the
SELLER. SELLER agrees to work reasonably with PURCHASER in working within the
timeframes set forth above, but PURCHASER and SELLER agree that time is of the essence.
Furthermore, if each home is not sold to income-qualified buyers as defined herein, the Property
shall revert back to SELLER. If Property reverts to SELLER, SELLER shall complete the
construction of the homes and satisfy any outstanding construction loans held by PURCHASER
and shall reimbmse PURCHASER from the sale of the homes if there are sufficient funds.
19. MISCELLANEOUS.
19.1 General. This Agreement, and any amendment hereto, may be executed in
any number of counterparts, each of which shall be deemed to be an original and all of which
shall, together, constitute one and the same instnunent. The section and paragraph headings
herein contained are for the purposes of identification only and shall not be considered in
construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire
Section, unless otherwise specified. No modification or amendment of this Agreement shall be
of any force or effect unless in writing executed by Parties. This Agreement sets fOlth the entire
agreement between the Pmties relating to the Property and all subject matter herein and
PURCHASE AGREEMENT
Page 10 of 13
supersedes all prior and contemporaneous negotiations, understandings and agreements, written
or oral, between the Pmiies. This Agreement shall be interpreted in accordance with the laws of
the State of Florida. The Paliies hereby agree that jurisdiction of any litigation brought arising
out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County,
Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States
District Court for the Southern District Court of Florida.
19.2 Computation of Time. Any reference herein to time periods which are
not measured in Business Days and which are less than six (6) days, shall exclude Saturdays,
Sundays and legal holidays in the computation thereof. Any time period provided for in this
Agreement which ends on a Saturday, Slmday or legal holiday shall extend to 5:00 p.m. on the
next full Business Day. Time is of the essence in the performance of all obligations under this
Agreement. Time periods commencing with the Effective Date shall not include the Effective
Date in the calculation thereof.
19.3 Waiver. Neither the failure of a party to insist upon a strict performance
of mlY of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance
of any item by a party with lrnowledge of a breach of this Agreement by the other party in the
performmlce of their respective obligations hereunder, shall be deemed a waiver of any rights or
remedies that a party may have or a waiver of any subsequent breach or default in mlY of such
terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination
of this Agreement and the Closing.
19.4 Construction of Agreement. The Pmiies to this Agreement, through
counsel, have paIiicipated freely in the negotiation and preparation hereof. Neither this
Agreement nor any amendment hereto shall be more strictly construed against any of the Pmiies.
As used in this Agreement, or any amendment hereto, the masculine shall include the feminine,
the singular shall include the plural, and the plural shall include the singular, as the context may
require. Provisions of this Agreement that expressly provide that they survive the Closing shall
not merge into the Deed.
19.5 Severability. If any prOVISIOn of this Agreement or the application
thereof shall, for any reason and to mlY extent, be invalid or unenforceable, neither the remainder
of this Agreement nor the application of the provision to other persons, entities or circumstances
shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
The provisions of this Section shall apply to any amendment of this Agreement.
19.6 Hmldwritten Provisions. Handwritten provisions inserted in this Agreement
and initialed by CRA and SELLER shall control all printed provisions in conflict therewith.
19.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter
into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or
proceeding brought by either party against the other party peIiaining to any matter whatsoever
m"ising out of or in any way cOlmected with this Agreement.
PURCHASE AGREEMENT
Page 11 of 13
19.8 Attorneys Fees and Costs. Should it be necessary to bring an action to
enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including
those at the appellate level, shall be awarded to the prevailing party.
19.9 Binding Authority. Each party hereby represents and warrants to the other
that each person executing this Agreement on behalf of the CRA and SELLER has full right and
lawful authority to execute this Agreement and to bind and obligate the party for whom or on
whose behalf he or she is signing with respect to all provisions contained in this Agreement.
19.10 Recording. This Agreement may be recorded in the Public Records of
Palm Beach County, Florida.
19.11 Survival. The covenants, warranties, representations, indemnities and
undertakings of SELLER set f01ih in tIus Agreement, shall survive the Closing, the delivery and
recording of the SELLER Property Deed and PURCHASER'S possession of the Property.
19.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees
that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by
SELLER in cOl1l1ection with the transaction contemplated by this Agreement.
SIGNA TURES ON FOLLOWING PAGE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
date.
BUYER
SELLER
BOYNTON BEACH
FAITH-BASED COMMUNITY
DEVELOPMENT CORPORA nON
BY:?~ C::;;--e.-'
Print Name:LOv/'~e/" U:r1
Title:
Date: L 2//p-/ac::
/
BOYNTON BEACH COMMUNITY
REDEVEL~;:NTAGENCY
By: ~4
Print Name: Henderson Tillman
Title: Chairperson
Date: I,). h v/b ~
Wimes~s: ~P4
Witnesses:
tulU
!Rovert r: 'Rearaon
A:fjd as to fIt~CienCY
CRA Att~ '
I:\Client Documents\Boynton Beach CRA\2419-011\Misc\Purchase and Development Agreement for Parker Lots 11.30.06.doc
PCN: 08-43-45-21-07-002-1311
And
PCN: 08-43-45-21-07-002-1320
And
PCN: 08-43-45-21-07-002-1321
Exhibit" A"
Legal Description
eRA BOARD MEETING OF: February12,2008
I Consent Agenda I X I Old Business I I
New Business
Public Hearing
Other
SUBJECT: Residential Improvement Program (RIP) Analysis and Discussion
SUMMARY: This item is brought back to the Board for clarification and funding alternatives via a
board member's request.
In an attempt to assist a citizen's request, Vice Chair Rodriguez was reviewing the CRA web site for
data and found that the information about the program had been removed from the site. The Vice Mayor
emailed the office to inquire about the status of the program. To that end, I have outlined below the
recent timeline relative to the Residential Improvement Program activities:
Dec. 11,2007:
January 8, 2008:
CRA Board directs staff to extend the program district wide
CRA Board approves FY07-08 Budget with the RIP appropriation
of $300,000 from General Fund Revenue.
CRA Board approves RIP changes, including program availability
district wide.
CRA Board approves RIP for seven homeowners, contingent upon
actual estimates coming back to the CRA Board.
CRA Board tables item for further consideration.
CRA Board approves funding for seven homeowner improvement
grants and motions to amend the RIP further to cover exterior
improvements only.
August 9, 2007:
Sept. 11, 2007:
Oct. 9, 2007:
Nov. 14,2007:
After the January 8th meeting, CRA staff removed the program information from the CRA website in
order to revise the program documents. The board directed revisions have been made to the documents
and the program information is again available for the public.
Furthermore, CRA staff is actively working to market the program on a district-wide basis. Staff is
developing a postcard mailer which will reflect the new program changes and is scheduled for mailing
to the public in early March. Staff will place the appropriate newspaper advertisements in local
publications.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\0802 12 CRA Board Meeting February\RIP Analysis-2-12-08.doc
The CRA Board approved $140,000 in residential improvement grants for seven homeowners on
January 8,2008. After the meeting, staff encumbered the $140,000 from the $300,000 appropriated in
FY07 -08 Budget. The amount of program monies available after this encumbrance for the RIP is
$160,000. This amount will cover the remaining seven months of the budget year and will fund an
additional eight RIP grants.
CRA Board Options:
A.) Keep funding at $160,000 for the remainder of the budget - requires no board action.
B.) Increase funding from the agency's Contingent Fund in the amount of $40,000 which will
provide funding for ten homes.
C.) Increase funding from the agency's Contingent Fund in another amount.
FISCAL IMPACT: To be determined.
RECOMMENDATIONS: Provide staff with direction.
~ ~'ik
~ g
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 02 12 CRA Board Meeting February\RIP Analysis-2-12-08.doc
Meeting Minutes
eRA Budget Workshop
Boynton Beach, Florida
August 9, 2007
Chair Taylor asked about the Residential Improvement Program. ~s. Brooks explained
the program concentrated on the Heart of Boynton area. She explained no one applied
for it and the money kept accruing. Chair Taylor took issue with grants to improve
rental units and there was discussion other cities dropped that part of the program. Ms.
Brooks commented a lot of landlords do not participate because they don't want to
match the money. Vice Chair Rodriguez wanted to see the program open up again and
wanted to see a full press marketing campaign on expanding homeowner improvement
outside of the HOB area. The funds for this program came from bond two under
affordable access. Vice Chair Rodriguez explained the cottage district looked terrible.
The district was supposed to be historic, but it was slum. There are many rentals in the
district and he thought Code Enforcement would be there.
The Commercial Fac;ade Grant was discussed and Ms. Brooks explained they consistently
award grants for this program.
The Peacemakers was an organization that operated through the CDC and was a huge
program. They picked an area, cleaned it up and the workers received a gift card to
Target and other stores. This was not a direct incentive program. There was $12K left
and monies for clean up projects would come out of that account. Also, signage for
certain districts could be included in the program.
Marketing and Communications Code 57400
Vice Chair Rodriguez explained in busin6s and marketing, the results are measured
and he would like to see the program results. Ms. Harris noted part of the
measurement could be collateral, but also noted there were different ways to measure.
The website was only launched in April and they receive 10 to 20 inquiries per week.
They could do logs if requested.
Vice Chair Rodriguez asked why there was such a large discrepancy between the
Heritage Fest and the Holiday Extravaganza expenses. Ms. Bright explained they absorb
49% of Ms. Biscuti's salary and the full cost of the event. Vice Chair Rodriguez showed
line item 219 showed the concert at $110K and then Heritage Fest was $70K. Ms.
Bright explained for the big events, the CRA was bearing those costs. The only thing
that was changing was the concert was removed. The actual cost for Kool and the Gang
was $65K, and Crystal Gayle and Larry Gatlin was $60K.
Development Projects, Code 58300
Vice Chair Rodriguez inquired about a home located on MLK, listed in the budget as line
item 200. Ms. Brooks explained St. Paul's Church was going to use it for the youth
group and lease it back to the CRA. Ms. Bright explained there were several community
11
GRANTS PROGRAM
CODE: 57200
236 PBC DEVELOPMENT REGIONS GRANT
237 RESIDENTIAL IMPROVEMENT PROGRAM
238 COMMERCIAL FACADE PROGRAM
240 DIRECT INCENTIVE PROGRAM
$ 50,000
$ 300,000
$ 75,000 .
$
$ 425,000
236 I PBC DEVELOPMENT REGIONS GRANT I $ 50,000
237 I RESIDENTIAL IMPROVEMENT PROGRAM I
15 Grants @ $20,000 each $ 300,000
238 I COMMERCIAL FACADE PROGRAM I
5 Grants @$15,000 each $ 75,000
240
DIRECT INCENTIVE PROGRAM
I $
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
October 9. 2007
There was discussion the land trust would have to be back to the board as a
negotiating tool.
(Mr. Weiland returned at 8:42 p.m.)
Motion
Mr. MCCray moved to award the project to American Realty Development. Mr. Weiland
seconded the motion that passed unanimously.
B. Consideration of Amendments to Residential Improvement Grant Program
Chair Taylor recalled the board had brought up amendments recommended to be
expanded to the entire CRA District. Ms Brooks highlighted some of the amendments
were to require all applicants to provide a Statement of Net Worth Form, Statement of
Insurance and other miscellaneous changes as contained in the staff report.
Mr. Weiland indicated there had been a previous grant award pertaining to a landlord
that was removed; the discussion had been they would give the award if a statement of
net worth to determine whether the applicant/landlord truly needed the assistance was
submitted. Otherwise they would review the requests on a case by case.
Motion
Mr. MCCray moved to approve. Mr. Weiland seconded the motion that unanimously
passed.
C. Consideration to Change Board Travel Policy
Chair Taylor reviewed the item and discussion followed whether the board should
approve travel for the individual members. Mr. McKoy felt it should be left up to each
member to decide if it was a conference or event that would enhance their knowledge.
Mr. Weiland expressed some members were term limited but thought taking a trip one
month before the end of term was not beneficial.
Chair Taylor clarified the arrangements had been made and at the last minute
something came up. The member was asked to fill in since the conference fees had
been paid.
Mr. Weiland was not discussing individuals, only situations as to whether that should be
permissible.
15
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, fL
November 14, 2007
M. Approval of Hedrick Brothers Construction, Inc. Work Order No. 001.0 in
an Amount Not to Exceed $140,000 to Complete the Housing
Rehabilitation of Seven Homes Approved Under the Residential
Improvement Grant Program
Vice Chair Rodriguez pointed out the cost for each resident was not to exceed $20,000.
He inquired whether bids were sought on the actual cost.
Mike Simon, Development Manager, advised the process was to receive bids for the
rehabilitation of each house. The work order submitted for approval included a
maximum amount, as did the grant approval. The board's approval sought an amount
not to exceed the original approved grant, so that there would not be a contingency of
more than $20,000. The individual specifications varied for each house. Staff would
work with the homeowners as to the priority of items selected, and the individual
houses would be rehabilitated based upon the individual specifications for each house.
The work order would not exceed the original grant.
The board addressed the issue of liability. Mr. Simon explained the contract was
between the homeowner and contractor. Funding for the work was through a three-
party, agreement between the homeowner, CRA and contractor, and it was dear the
CRA was a funding source. The contract contained indemnification and hold-harmless
clauses in favor of the City. In this particular program, an elderly or inexperienced
homeowner would go through the process aided by the guidance of staff.
Attorney Cherof indicated he could provide the board with notated copies of the
contracts indicating the board was not liable merely because it funded the work, and
that the liability was the obligation of the property owner. Further, he believed an
accurate description of the CRA's role was provided, as was the limit pertaining to the
CRA's liability.
Motion
Vice Chair Rodriguez moved to approve Item M, with the consideration that the actual
estimates would come back to the board as an item on the Consent Agenda. Mr. Hay
seconded the motion that passed unanimously.
N. Approval of Sidewalk Cafe Permit for Eye of the Storm Located at 531 E.
Ocean Avenue
Vice Chair Rodriguez pointed out the ordinance in the packet appeared to be an old
ordinance as the City recently approved the per-seat fee. Ms. Brooks explained the City
7
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 cteaned up.
Motion
Vice Chair Rodriguez moved to approve. Mr. Hay seconded the motion that passed
unanimously.
J. 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.
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 suffident 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 cates such as Hurricane Alley.
6
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
The board discussed non-reimbursable expenses in the public sect9r and requirements
with respect thereto.
Chair Taylor indicated he had no objection to the policy, proVided it was not abused,
the expenses were documented properly, and the purpose for the expenditure was
clear.
Motion
Mr. Hay moved to accept the policies. Ms. Ross seconded the motion that passed 4-1
(Wee Chair Rodriguez dIssenting).
C. Consideration of Residential Improvement Program Options
Ms. Brooks provided a brief PowerPoint presentation regarding the homes currently
slated for improvement. They Included:
. Mrs. Jones (water Intrusion)
. Mrs. Sullivan (house painting and minor interior work)
. Mr. Aikens (water intrusion into interior of home, causing mold issues)
. Mrs. Mitchell (roof issues)
. The Shaws (doors and exterior hardening of the house)
. Mrs. Jerry (minor issues)
. Mrs. Darrisaw
Staff prepared eight options for the board's consideration. Ms. Brooks read the options
as noted in the backup material. With regard to option 7 amending the program to
include the use of a forgivable five-year lien in the amount of the grant, only one of the
seven grant recipients currently approved would have applied for or accepted the grant
funds under this revision. Chair Taylor noted every year, one-fifth of the loan would be
forgivable, and at the end of the fifth year, the recipient would not owe any monies
and, therefore, he could not understand why that would present a problem to anyone.
Gertrude Sullivan, 201 NE 6th Street, referred to one of the recipients and his need
for funding.
WIllie Aikins, 726 NE 1st Street, commented, the problem was not with the
forgiveness of the loans. The recipients did not want the loans because they would
have an adverse affect on credit and refinancing.
Mr. Bressner advised the imposition of the lien was a City policy needed to protect the
assets of the City. With regard to refinancing, the amount being refinanced had to
reflect the amount outstanding on the loan. He was uncertain whether the Qty's Legal
16
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 8, 2008
Department could produce a letter or instrument which would allow the refinancing to
go forward. This would eliminate the impediment referred to by Mr. Aiken. He would
check with the City Attorney to determine whether such an instrument could be
prepared as an affirmative resolution of this issue. He believed folding the program into
the City's program would be beneficial and save the CRA administrative costs. He
would explore these options with the City Attorney's office. Mr. Doody indicated he
would confer with Attorney Tolces as to the possible subordination of the City's lien.
The board discussed the options presented.
Motion
Vice Chair Rodriguez moved to accept recommendation #2, which is to amend the
present work orders to remove the Items Identified by the board, which are the washer/
dryer items that were excessive (this was for the seven applicants that were originally
on this package). Moving forward, any new applications were only going to be for
support of option #5, which is to amend the guidelines to only address roofs, hurricane
shutters, exterior painting, irrigation, landscape and exterior doors.
Attorney Doody requested Vice Chair Rodriguez divide the above motion into two
motions for clarity, so that Item #2 would apply only to the seven applicants presently
before the board.
Motion
Vice Chair Rodriguez moved that the board move forward with the seven applicants in
front of the board, with option 2. Mr. Hay seconded the motion that passed
unanimously.
Motion
Vice Chair Rodriguez moved to amend the guidelines of this program for future
applicants to include option 5, which is basically the exterior portion of the home, and
would include roofs, hurricane shutters, exterior painting, irrigation, landscape and
doors. Mr. Weiland seconded the motion.
Attorney Doody noted, for purposes of clarification, the option was to include exterior
doors. Vice Chair Rodriguez and Mr. Weiland agreed.
~
The motion passed 4-1 (Mr. Hay dissenting).
17
Page lof2
Adelsperger, Margee
From: jreguez@aol.com
Wednesday, January 30, 20083:01 PM
Bright, Lisa
Taylor, Jerry; Ross, Marlene; Hay, Woodrow; Weiland, Ronald; Cherof, James; Adelsperger,
Margee; stan@ambitmarketing.com
Subject: Re: homeowner improvement program
Sent:
To:
Cc:
This is disappointing that this is the first time we are hearing that no additional funds were allocated
when during the budget process the board agreed to expand the program outside of HOB.
Specially disappointing is that we had carry over dollars from last year and they were just recently
redistributed and no mention was provided to the board about us expanding this program
without any funding allocation. This certainly should have been on the list for consideration.
Again, I was not aware nor do I recall it being on a CRA agenda or item for discussion for us to
remove the information from the web site. This would be in total contradiction of the CRA
boards request to expand the program.
I would like to recommend that this discussion continue as an agenda item at our next CRA
meeting with recommendations for funding alternatives.
Jose Rodriguez
Vice Chair
-----Original Message-----
From: Bright, Lisa <BrightL@cLboynton-beach.fl.us>
To: jreguez@aol.com
Cc: Taylor, Jerry <TaylorJ@cLboynton-beach.fl.us>; Ross, Marlene <RossM@ci.boynton-beach.fl.us>;
Hay, Woodrow <HayW@ci.boynton-beach.fl.us>; Weiland, Ronald <WeilandR@ci.boynton-
beach.fl.us>; Cherof, James <Cherofl@ci.boynton-beach.fl.us>; Adelsperger, Margee
<AdelspergerM@ci.boynton-beach.fl.us>; Stan Brown <stan@ambitmarketing.com>
Sent: Wed, 30 Jan 2008 2:03 pm
Subject: RE: homeowner improvement program
Vice Chair Rodriguez,
CRA staff is always available to members of the public to provide them assistance and direction.
Even though the Residential Improvement Grant Program geographical area was expanded no additional monies
were allocated. Since our appropriated funds are depleted for this fiscal year, staff removed the application and
brochure from the web site.
We do plan to advertise the program in the Boynton Times and Palm Beach Post if the CRA Board appropriates
funding for this program in FY08-09.
In the meantime, if you have someone who is interested in the program please refer them to the CRA office so
that we can explain the rules and guidelines in preparation for their application in October.
1/30/2008
~qY~T2~ eRA
East Side-West S',de-Seas',de Rena',ssance
eRA BOARD MEETING OF: February12,2008
I Consent Agenda I
Old Business I X I
New Business
Public Hearing
Other
SUBJECT: Ocean Breeze RFP - Unit Mix Changes
SUMMARY: On January 28,2008, the CRA's partner, American Realty, submitted an application
for Community Workforce Housing Initiatives Program (CWHIP) funds for the "townhome" portion of
the Ocean Breeze project.
Attached is a request from the developer for the board to consider allowing leeway in the types of units
to ultimately be built within the townhome portion of the project. The request is based upon current
market demand as it exists today and might possibly change again if market demand shifts. Per legal
counsel, this request is a minor change from the Ocean Breeze RFP.
To better understand the market for townhome product within the Heart of Boynton neighborhood, CRA
staff requested information from The Cornerstone Group who is developing The Preserve project which
is located in HOB. Mara Mades of Cornerstone states that of the 180 unit development, 27 of the units
are 2 bedroom units. Of the 60 units that are sold and/or closed to date, only 4 have been two-bedroom
units. This information supports American Realty's desire to amend the unit mix at Ocean Breeze.
FISCAL IMPACT: None.
RECOMMENDATIONS: Staff recommends supporting the unit mix change as requested by
American Realty for the Ocean Breeze Project and requests that American Realty continue to advise the
CRA Board in writing of any future unit mix changes accompanied by supporting market data.
~~ ~ ~J~
. sa Bright (
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\0802 12 CRA Board Meeting February\Ocean Breeze Unit Mix Changes-2-12-08.doc
AMERICAN REALTY DEVELOPMENT, LLC
615 CRESCENT EXECUTIVE COURT, SUITE 120
LAKE MARY, FLORIDA 32746
TEL: (407) 333-1440 FAX: (407) 333-1340
January 28, 2008
Lisa A. Bright
Executive Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, FL 33435
Re: Ocean Breeze Townhomes
Dear Ms Bright:
As you know, we successfully submitted the application for CWHIP funding on the townhome
portion of the development to the Florida Housing Finance Corporation on January 28, 2008.
As a part of the application, we were asked to submit our Sources and Uses of Funds which
included the proposed unit mix.
After consulting with our development team and reviewing the market data, it became apparent
that there is a greater demand for three bedroom units in the market than there is for two
bedroom units. In order to more accurately reflect what we feel would be an appropriate unit
mix, we elected to revise the unit mix to incorporate more three bedroom units and have fewer
two bedroom units. This resulted in a change to the unit mix from what we originally submitted
in the RFP document.
The unit mix in the RFP document was:
Unit Tvoe
Two bedroom
Three bedroom
Number
28
28.
The revised unit mix we are recommending is:
Unit Tvoe
Two bedroom
Three bedroom
Number
16
40.
So that there is a consistency between our CWHIP application and the approved unit mix, we
are respectfully requesting that the CRA Board approve the unit mix submitted in the CWHIP
application.
Further, as we have discussed, our goal is to build a product which meets the demands of the
residents in the Heart of Boynton. In a development of this type, we will have the ability to build
units based upon the demand for unit types, within the constraints of the site plan and available
land. Also, the CWHIP application allows for a change in unit mix as long as the total number of
units are not decreased. So, we may end up with a unit mix that is different than what we are
predicting and shown above. Therefore, we would also respectfully request that the CRA Board
approve a request to allow a future and ongoing modification of the unit mix, during the
development and construction phase, based upon the demand in the marketplace. Any
changes to the unit mix would consider the affect on the site plan and the continued
affordability of the development.
We appreciate your assistance with this development and, as always, should you have any
questions or comments, please do not hesitate to contact me.
Respectfully,
1~~.e.. E. ~~~/
o
American Realty Development
.11
~f CDF A Spotlight:
__I~~~ a Tax Credits (An Overview)
.".=
i\pcio
Tax credits have become one of the economic development industry's most important financing tools. As traditional funding for
local economic development has continued to diminish, community leaders have had to turn elsewhere for projectlbusiness
financing assistance. In the late 19908 federal funding for economic development reached an all time high with large budgets
at both HUD and the EDA. Today these agencies' budgets have been severely reduced requiring the employment of other
financing techniques.
The development of tax credits and the popularity of these tools is an indirect response to the reduction of federal resources.
Tax credits (sometimes called incentives) can help in a variety of ways from capitalizing new business ventures to solidifying
project financing for major real estate developments. Federal and state govemments have recognized the power of tax credits
and incentives. With this recognition has come the development of several beneficial programs that address niche economic
development needs. These programs provide a wide range of financing options including brownfields, historic rehabilitation,
low-income housing, emerging markets, venture capital and a Whole host of investment ",ild job creation provisions.
As they should, tax credits do come with a considerable amount of scrutiny. Economic develOpers are usually measured by
performance. Economic developers are paid to create jobs, improve the local economy and provide for a solid tax base for the
community. When employing tax credits, the classic "but if not for argument" applies. But if not for the tax credits, the project
would not attract the necessary private involvement/investment. This holds true for near1y every project provided assistance
through public financing means.
Tax credits can meet many different projects and investment needs and provide for an increase on the intemal rate of return
for investors. They can also reduce the interest rates on a particular financing package for the project owners and most
importantly, the can provide a repayment method (credits) for investors in place of cash. Tax credits can also be sold for cash
in many circumstances.
Tax credits are also very flexible and can be used everywhere including urban, rural and suburban communities and in some
cases on a regional basis. Tax credits also provide a targeted impact by addressing many different community sectors such as
low-income areas, environmental concerns, real estate transformation, emerging markets and newlinnovation industries.
Tax credit programs also bring many different stakeholders to the financing table. Credits attract investors, businesses,
government entities, non-profits, community development entities, industrial d~velopment authorities, economic development
corporations, financial institutions, legal entities, and the federaVstate government. More importanUy, and unlike other
financing tools, tax credits won't disappear during economic downturns. On the contrary, tax credit programs are very
dependable and politically popular. Tax credits are politically POPUlar because elected officials support these types of
programs over traditional tax incentive deals. Tax credit programs are set up such that buslnesseslinvestors get a credit for
actually committing resources to a projecflbusiness (bricks and mortar or pure cash investments). Investors must demonstrate,
with written proof, that the resource commitment has been made and in turn the distributor of the tax credit is only authorized
to issue credit based on actual outlays of resources. Many tax incentive programs require just a commitment of resources and
in many cases these promises go unfulfilled (as is the case in many tax abatement deals).
Tax credit programs also work well in encouraging private sector leveraging of resources and acting as a catalyst for
public/private partnerships. Tax credits can also help to create 'secondary financial markets' for sellers and buyers of credits.
Bottom line...tax credits provide both primary (projects), secondary (quality of life improvements) and third tier (sellers market)
benefits.
The popularity of tax credits has been slow coming due to a number of reasons. Most notably the existence of easier financing
such as loans, grants, bonds, etc. Tax credits require paperwork and there is a certain amount of complexity involved in each
deal. There are also a lot of misconceptions about these programs as many watchdog groups often cite them as corporate
welfare. This simply is not a fair assessment of these types of tools as a user is required to show the outlay of resources to
receive the benefits of tax credits. In many cities, there is a general lack of application and understanding of how tax credits
can be used. The central body of knowledge and resources base for using these programs simply does not exist. Finally, the
marketing of tax credit programs is highly suspect. The federal government does little to market available credits and states
provide such a wide variety of programs that the marketing message can be muddled.
There are four main federal tax credit programs that have made a large impact in the economic development industry. They
include:
Historic Preservation Tax Incentives
Rehabilitation tax credits were established to discourage unnecessary demolition of older buildings and to slow capital flight
from older urban areas. This incentive offers a credit against total federal taxes owed, which is taken for the year in which the
renovated building is put into service. The qualified rehabilitation credit is equal to 20% of renovation or construction costs,
with pre-1936 buildings in non-residential income-producing use qualifying for a 10% credit. The credit is well suited to
complement brownfield developments, and property tax abatements and low interest loans are the most commonly used
companion incentives.
Federal Brownfield Expensing Tax Incentive
This cost deduction provides a business incentive to clean up sites contaminated with hazardous substances, and
is intended to offset the costs of cleanup.
New Markets Tax Credits
The New Markets Tax Credit (NMTC) was created to address the lack of capital available to business and economic
development ventures in low-income communities. The NMTC provides the incentive of a federal tax credit to individuals or
corporations that invest in Community Development Entities (CDEs) working in targeted low-income communities.
Low-lncome Housing Tax Credits
Congress created the Low Income Housing Tax Credit (L1HTC) in 1986 to promote the construction and rehabilitation of
housing for low-income persons. The tax credit provides a means by which developers may raise capital for the construction or
acquisition and substantial rehabilitation of housing for low-income persons. Each State received an annual inflation adjusted
per person allocation ($1.75 in 2003) for issuance of tax credits for qualified housing development projects. These tax credits
are then used to leverage private capital into new construction or acquisition and rehabilitation of affordable housing.
Every single state and the District of Columbia have state tax credit programs that address a number of different investment
areas including:
- Venture capital investment
- Low-income housing
- Job creation
- Machinery and equipment
- Targeted area redevelopment
- Brownfield cleanup
- Wage adjustment credits
- Industry specific credits
The application of tax credits is becoming one of the economic development communities fastest emerging markets. CDFA
has provided a number of resources online to assist with the application of these tools.
This at1ic1e is intended to provide accurate and authoritative information in regard to tfIe subject matter coveted. The author and CDFA are not herein engaged in
rendering legal, accounting or other professional services. nor does it intend tfIat the material included herein be relied upon to the exclusion of outside counsel.
CDFA is not responsible for tfIe accuracy of tfIe information provided in tfIis fact sheet. The information provided has been collected from a variety of sources.
Those seeking to conduct complex financial deals using tfIe tools mentioned in tfIis document are encouraged to seek the advice of a skmed legaVconsulting
professional.
~<tY~T2~ eRA
East Side-West S'lde-Seas',de Renaissance
eRA BOARD MEETING OF: February 12, 2008
I Consent Agenda I
Old Business I X I
New Business
Public Hearing
Other
SUBJECT: Request for Qualifications (RFQ) to seek Master Developer for Town Square
SUMMARY: This is a board member request to have CRA staff draft a Request for Qualifications to
seek a Master Development entity for the development of the Town Square area (see attached map). The
goal of the RFQ would be to attract a developer that would have expertise in multi-phase projects,
governmental projects, the ability to secure financing in a challenged market and the ability to draw
down Tax Credit Incentives and/or other subsidy.
This process would facilitate and streamline the CRA Board's desire to quickly put in place a developer
with the capability of ultimately redeveloping the existing City Hall site, relocating City Hall, creating
public parking, redeveloping the old High School, and relocating assorted city uses i.e. art, civic center
etc.
Essentially, the RFQ would prequalify developers by ensuring that they meet the criteria based on
qualifications and experience. Only those developers meeting the criteria would be invited to respond
to the Board's Request for Proposal for the Town Square site.
FISCAL IMPACT: None.
RECOMMENDATIONS: Direct staff to prepare a draft Request for Qualifications for Master
Development Candidacy.
i right
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\0802 12 CRA Board Meeting February\RFQ Mstr Developer Candidacy.doc
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lI~f CDFA Spotlight:
__I~:.::", a Federal Historic Preservation Tax Incentive Program
."m~
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Rehabilitation tax credits were established to discourage unnecessary demolition of older buildings and to slow capital flight
from older urban areas. This incentive offers a credit against total federal taxes owed, which is taken for the year in which the
renovated building is put into service. The qualified rehabilitation credit is equal to 20% of renovation or construction costs,
with pre-1936 buildings in non-residential income-producing use qualifying for a 10% credit. The credit is well suited to
complement brownfield developments, and property tax abatements and low interest loans are the most commonly used
companion incentives.
The Secretary of the Interior's Standards for Rehabilitation provide guidance for the rehabilitation of historic buildings. These
Standards do not require restoration, but allow some alteration that may be necessary in order for the historic building to
provide an efficient contemporary use. However, the rehabilitation project must not damage, destroy, or cover those exterior or
interior materials or features that define the building's historic character. To be eligible to receive the tax credits the
rehabilitation project must be consistent with the historic character of the property and it must meet all ten standards. The
Secretary's Ten Standards can be reviewed at http://www.cr.nps.gov/hpsltps!taxlrehabstandards.htm.
There are four factors that can help you decide whether your rehabilitation project proposal would meet the basic application
requirements for the 20% tax credit.
1. The historic building must be listed in the National Register of Historic Places, either individually or as a contributing building
within a historic district.
2. After rehabilitation, the historic building must be used for an income-producing purPose for at least five years. Owner-
occupied residential properties do not qualify for the federal rehabilitation tax credit. . .
3. The project must meet the "substantial rehabilitation test.. In brief, this means that the cost of rehabilitation must exceed the
pre-rehabilitation value of the building. Generally, this test must be met within two years or within five years for a project
completed in multiple phases.
4. The rehabilitation work must be done according to the Secretary of the Interior's Standards for Rehabilitation. These are ten
principles that, when followed, ensure the historic character of the building has been preserved in the rehabilitation. They can
be summarized in three phrases:
· Preserve historic materials (tiles, bricks, fixtures, ornamentation, etc.)
. Preserve distinctive features (cornices)
. Preserve important interior spaces (lobbies, ballrooms, etc.)
The following broad conditions can also help detennine whether a project is eligible for the 20% tax credit.
Physical Integrity
The 20% tax credit for historic preservation is mel;lnt to preserve historic buildings, and not to create buildings that look old, but
that are in effect new buildings. Thus, the Preservation Tax Incentives are not available where there is insufficient historic
material to preserve at the outset of the rehabilitation. Once the integrity of a building has been lost due to deterioration,
damage, or previous alterations, it can never be regained. While new material can exactly copy significant features, material
integrity itself can never be re-created. It is important to select a building for rehabilitation that retains its basic physical
integrity before rehabilitation.
Non-historic Surface Coverings
Some historic buildings have been covered with non-historic surface coverings that obscure the building underneath. In these
cases, it may be necessary to remove the covering to make sure that there is enough historic building material remaining that
the building still qualifies as historic.
Multiple Buildings
Farms, mills, and other historic properties often have more than one building. For properties with multiple buildings that were
functionally related historically, the rehabilitation certification decision will be based on the effect of the overall rehabilitation on
the entire property, and not on each structure or individual component.
Moved Buildings
Moving a historic building can jeopardize its listing in the National Register of Historic Places, and special procedures must be
followed to ensure its continued listing. Likewise, moving a building into or within a historic district may jeopardize its ability to
contribute to the significance of the district. If a building will be moved as part of the rehabilitation project, consult with the
SHPO as soon as possible.
Demolition
Projects that involve demolition require careful planning to ensure approval. This is true whether whole buildings will be
demolished or only parts of a structure.
Technical Assistance
If the work project is not too large or too complicated, the owner can often complete the application process and oversee the
project without having to hire a consultant. The staff of the State Historic Preservation Office (SHPO) can guide an owner
through the application process. However, for many projects, and especially for large projects, having a preservation
professional familiar with the 20% tax credit program to coordinate the application can make a tremendous difference in the
quality of a project and the ease of the review process. Depending on the scope of the rehabilitation project, it may be
advisable to assemble a team of professionals, which may include an architect, engineer, historic preservation consultant,
attorney, accountant, or craftsman, in addition to the building contractor.
The Standards for Rehabilitation allow for Kalterations' as an integral part of the process of updating a historic building for a
new or continuing use. Rehabilitation projects can involve a variety of changes to a historic building; some changes are more
complex than others and require careful thought in the planning stages of a proposal. Incompatible rehabilitation work can
result in loss of the 20% tax credit.
To help owners and developers select work approaches that will meet the Secretary of the Interior's Standards for
Rehabilitation, helpful guidance is provided for some of the especially problematic treatments for the exteriors. A link to
guidance on storefronts, windows, new additions, adjacent construction, and approaches to interior work are provided at:
http://www.cr.nps.govlhpsltpsltaxlincentives/avoiding_1.htm
One of the federal government's most successful and cost-effective community revitalization programs, the Preservation Tax
Incentives reward private investment in rehabilitating historic properties such as offices, rental housing, and retail stores.
Abandoned or under-used schools, warehouses, factories, churches, retail stores, apartments, hotels, houses, and offices in
many cities have been restored to life in a manner that retains their historic character. The Preservation Tax Incentives have
also helped to create moderate and low-income housing in historic buildings.
There are also several Federal Historic Preservation Grants available.
Program Notes
Since 1976, the Historic Preservation Tax Incentives have produced these benefits for the nation:
· Rehabilitated more than 32,000 historic properties
· Stimulated over $33 billion in private investment
· Rehabilitated more than 185,000 housing units and created over 140,000 housing units, of which over 75,000 are low
and moderate-income units
This article is intended to provide acculClte and authoritative infonnation in regard to /he subject matter covered. The author and CDFA are not herain engaged in
rendering legal, accounting or other professional services, nor does it intend tIIat /he material included herein be relied upon to the exclusion of outside cOunsel.
CDFA is not responsible for tile acculClcy of the infomration provided in this fact sheet The information provided has been collected from a variety of sources.
Those seeking to conduct complex financial deals using /he tools mentioned in this document are encouraged to seek the advice of a skilled legaVconsultlng
professional.
Federal Tax Incentives for
Rehabilitating Historic Buildings
, Successful 30 Year Federal/State Partnership
The Historic Preservation Tax Incentives Program, administered by the National Park
Service in partnership with the State Historic Preservation Officers, is the nation's most
effective Federal program to promote urban and rural revitalization and to encourage
private investment in rehabilitating historic buildings. The tax credit applies specifically
to preserving income-producing historic properties and has generated over $40 billion
in historic preservation activity since its inception in 1976. With a 5 to 1 ratio of private
investment to federal tax credits, the program is an outstanding means of leveraging
private investment in adaptive reuse and preservation of our nation's historic buildings.
With over 33,900 approved projects, the tax incentives program has attracted private
investment to historic cores of cities and Main Street towns across America and generates
jobs, enhances property values, creates affordable housing and augments revenues for
Federal, State and local governments. (Cover image: courtesy of the Apollo Theater
Foundation, Inc. and Bernstein Associates Photographers.)
Widespread
Economic Benefits
Projects approved in 2006 by the National
Park Service created on the average 49
jobs each with a total of 61 ,397 new jobs
nationwide. Besides Federal income tax
generated from these new jobs, taxes gen-
'ated from other activities involving these
.;habilitations provide further tax revenues
to Federal, State and local governments.
These projects also result in enhanced
property values, and economic rejuvena-
tion of older neighborhoods.
Over One Million
Buildings Listed
Over one million historic buildings are
listed in or contribute to historic districts
in the National Register of Historic Places,
with 40,017 contributing resources added
last year. The National Park Service esti-
mates that 20% of these buildings qualify
as income-producing. Under current tax
law, income-producing buildings listed
individually or certified as contributing to
these historic districts are eligible for his-
toric preservation rehabilitation credits.
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" '$lWr~ettt
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· .,. 14,,,5;:h~~siritJ
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Federal Tax Incentives For Rehabilitating Historic Buildings
1977 -2006
4500
4000
3500
3000
2500
2000
1500
1000
500
o
;l'
F T
-,
<t~ <tro~ <tq! <t~ <tc8' <t~ <tOJ~ <tci' <t~ <tOJro <t~ <t~~ <t~
<t~
~ Investment (dollars in nilllons)
-.J1\---. Approved Part 2s
1,253 Projects Approved in 2006
Tl,e Historic Preservation Tax Incentives Program continues to be the Federal government's largest program to stimulate the
,ervation and reuse of historic buildings that give our older communities their unique character. In Fiscal Year 2006, the
"National Park Service approved 1,253 projects--continuing a 7 year trend outpacing the previous decade. Many of these proj-
ects involved multiple historic buildings. This high level of activity can be attributed, in part, to an increase in public awareness
of the benefits of the Federal Historic Preservation Tax Incentives Program as well as the existence of various state and local
preservation tax incentives that can be piggybacked onto the Federal incentives.
A Record $4 Billion in
Private Funds
While the Federal historic preservation
tax incentives encourage the rehabili-
tation of historic buildings, they also
stimulate major private investment in
our older communities. Rehabilitation
projects approved by the National Park
Service last year represented a private
investment of $4.08 billion at a cost
to the Federal Treasury of less than
$817 million in the form of tax credits.
Taking into account new construction,
which often takes place in conjunction
with approved rehabilitations and is
ineligible for the credit, the program le-
verages far greater than 5 to 1 in private
to public investment in the preservation
renewal of our old communities.
Committee on the
Federal Historic
Rehabilitation Tax:
Credit Program
The Committee on the Federal Historic
Rehabilitation Tax Credit Program, es-
tablished by the National Park System
Advisory Board to evaluate the pro-
gram at the request of the Director of
the National Park Service, concluded
its review in 2006. Individuals were
invited from across the country to dis-
cuss their experiences with the pro-
gram at meetings held in Washington
DC and San Francisco, CA. Based on
the information gathered, the Commit-
tee prepared a report entitled "Federal
Historic Rehabilitation Tax Credit Pro-
gram: Recommendations for Making
a Good Program Better" which was
prpsented to the National Park Service
ctor. The National Park Service is
currently addressing the recommenda-
tions of the Committee with plans for
implementation by December 2007.
Historic
Preservation
Tax Credits
Save Many Types
of Buildings and
Create A Variety of
New Use Programs
Since 1976, the historic preservation tax incentives have
spurred the rehabilitation of historic structures of every
period, size, style and type. Abandoned or underused
schools, warehouses, factories, churches, retail stores,
apartments, hotels, houses and offices throughout
the country have been given new life in a manner that 2.
maintains their historic character. In FY2006, 45% of
the new use programs provided multiple family housing
with a third of these being affordable housing units, 22%
created new office spaces, and 23% provided new com-
mercial facilities.
5.
6.
1, Renwick House, Davenport, IA; 2, New England Confectionary Com-
pany Factory, Cambridge. MA; 3. Phoenix Life Insurance Company,
, Hartford, CT; 4, Riverbank Laboratories-Engineering Building, Geneva,
IL: 5. Building 35, The Presidio of San Francisco, San Francisco, CA; 6,
General Stores and Mold Loft Building, Bristol, PA, 7. Carling (Roosevelt)
Hotel, Jacksonville, FL.
7,
Finding Out More About the Program
lnformation on the historic rehabilitation tax credits and copies of technical publications that explain cost-effective methods ofrepairing and
maintaining historic buildings are available from the National Park Service and from State Historic Preservation Offices. The NPS catalog
of publications entitled Caringfor the Past, provides a current listing of free and for sale publications currently available from the National
Park Service and the Government Printing Office. The more than 100 publications ani the most comprehensive source of information avail-
able on the preservation and rehabilitation of historic buildings. Copies of the publications catalog can be obtained by writing to Heritage
Preservation Services, National Park Service, (2255), 1849 C Street, N.W., Washington, DC 20240 or <nps_hps-info@nps.gov>. The Na-
tional Park Service's "Links to the Past" World Wide Web site <http://www.cr.nps.gov> also provi~es helpful information about preserving
historic buildings.
State Historic Preservation Offices (SHPOs) are the point of contact for property owners wishing to use the rehabilitation tax credit. SHPOs
can guide property owners to existing historic districts and contributing buildings that are already eligible and give technical guidance before
the project begins to make the process as fast and economical as possible. Interested property owners may call the National Conference of
State Historic Preservation Officers at (202) 624-5465 for the phone number and address oftheir state office or visit our website at http://
grants.cr.nps.gov /shpos/shpo _ search.cfm.
Photo: NPS file
The Apollo Theater,
New York, New York
The rehabilitation costs to preserve and modernize the Apollo Theater, the venerable Harlem land-
mark featured on our cover, exceeded $20 million. The rehabilitation of this theater has brought
renewed vitality to the economic and cultural life of the neighborhood.
During much of the nineteenth century, Harlem was a fashionable suburb for wealthy and upper-
middle class Manhattan residents. With this audience in mind, the theater first opened in 1913 as the
Hurtig and Seamon's New Burlesque Theatre. It featured live entertainment with a variety of acts,
such as dancing girls, chanson singers, comedians, mime artists and strip tease artistes, all satirical
:. and with a saucy edge.
In 1934, under new ownership and with a new name, the Apollo Theater was transformed into a
showcase for African-American talent, reflecting the changing demographics of Harlem. The Apollo
featured a variety of popular entertainment, including comedy, drama, dance, blues, jazz, swing
gospel, rhythm and blues, soul and rock and roll and was the nation's most important arena for
the display of leading black performing talent. Starting in 1934, its legendary Amateur Night helped
launch the careers of such renowned artists as Ella Fitzgerald, Billie Holiday, James Brown, Gladys
Knight and countless others.
Under the direction of the current owners, The Apollo Theater Foundation, Inc., an ambitious rehabilitation project was launched
both to upgrade the facility and to preserve and restore its distinguishing historic features, utilizing Federal historic preservation tax
credits. The work involved a major exterior restoration of the West 125th Street facade including cleaning of all terra cotta units, the
recasting of missing units, and the repair and restoration of the historic blade sign. It also included the repair of the wood windows
and the installation of an electronic (LED) marquee that helps recapture the appearance of the historic 1940s plastic sign panels.
The interior work involved the expansion of the lobby and supporting public facilities and code and handicapped access upgrades. A
state-of-the art sound system has been installed along with a dimming board and intelligent stage-light fixtures. Future plans involve
the restoration of the historic auditorium.
With its strong community-centered programs, Wednesday's Amateur Night, varied entertainment venues, and taping of the nation-
ally syndicated television program, Showtime at the Apollo, the Apollo Theater continues to build on its legacy and has become
Manhattan's third most popular tourist attraction.
Beyer Blinder Belle, Architect; Barr & Barr, Construction Manager; Jones Lang LaSalle, Project Manager; Higgins & Quasebarth, Historic Preservation Consultants
For Additional Information:
Please contact Kaaren Staveteig, Technical Preservation Services, Heritage Preservation Services Division, National Park Service, (2255), 1849 C Street,
N. W, Washington, DC 20240, (202) 354-2053. Information on Federal Tax Incentives for Rehabilitating Historic Buildings is available on the National
Park Service:S Technical Preservation Services web site at <http://www.cr.nps.gov/tps/>.
eRA BOARD MEETING OF: February 12,2008
I Consent Agenda I
Old Business I X I
New Business
Public Hearing
Other
SUBJECT: Potential CRA Commitment to City CIP for Public Works Site
SUMMARY: Attached is a memo sent to the City Manager, regarding the City's FY 07/08 Capital
Improvement Fund, in which CRA funds were pledged in FY's 08/09 and 09/10 in the amounts of
$2.3M and $8.3M respectively for the relocation ofthe Public Works Site. This appropriation with a
CRA reimbursement was approved at the September 4, 2007 City Commission meeting.
F or historical purposes, the Heart of Boynton Community Redevelopment Plan identifies the public
works site to be redeveloped as a multifamily use project. On December 15,2005, the CRA Board
agreed to send a letter to the City Manager from the eRA Chair at the time, Jeanne Heavilin, requesting
the City to pursue a relocation of the public works site. The attached letter states the CRA would be
willing to assist in this process and to contact the Executive Director to provide the status of the
relocation process. To date, the CRA has received no response to this letter.
CRA staff did not participate in the CIP process and is not in a position to speculate what discussions
occurred with the City Commission resulting in this appropriation with a reimbursement by the CRA.
Furthermore, December 15,2005 is the last time the CRA Board held any public discussion with regards
to the public works site and it is necessary for the board to provide staff direction if this is a funding
priority and obligation they wish to fulfill to the City.
FISCAL IMPACT: To be determined.
RECOMMENDATIONS: Provide staff direction.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 02 12 CRA Board Meeting February\CIP Public Works Site.doc
~i'!k,~ctY~12~ eRA
_ East Side-West Side-Seaside Renaissance
FROM:
Kurt Bressner, City Manager /l
Lisa Bright, Executive Director'dfj
TO:
RE:
City's Capital Improvement Budget - FY07 -08
DATE:
January 17, 2008
In August of 2007, City staff prepared the FY07-08 Capital Improvement Program
Budget which was adopted by the City Commission on September 4, 2007.
This week the CRA Financial Director brought to my attention that the CIP Program
reflects a CRA reimbursement for a New Pubiic Works Compound (Land & Facility
Costs). The first payment is due to the City in October 2008 in the amount of $2.6
million and in FY09-10 a payment of $8.3 million.
As a separate legal entity, the resources of the agency cannot be pledged without CRA
Board approval. I can assure you the CRA Board has not held any public discussions
regarding this project as an agency capital funding priority. Quite simply, until the CRA
Board establishes those priorities we cannot begin to consider this opportunity (refer to
the attached email).
It is possible the CRA is not in compliance with State Statute 163 (SS163), the
Department of Community Affairs (DCA) and the Auditor General. Specifically, SS 163
requires all TIF contributors approve municipal facilities prior to implementation and the
DCA now requires the City's Comprehensive Plan be compatible with the CIP Program
with a guaranteed revenue source. Finally, the Auditor General requires an Interlocal
Agreement between the City and the CRA.
CRA staff was not included in the CIP discussion process nor queried on a
determination of property value in August 2007 for this site. We recently received an
appraisal for this site and would be interested to know which methodology city staff
employed to determine value and if it is comparable to our recent appraisal.
I do not feel that I am in any position to report to the CRA Board as it relates to this
matter. Therefore, I am looking to you and legal counsel to verify if there is any
exposure to the agency.
lib
Attachments
cc: CRA Board
CRA Counsel, D. Doody
City Counsel, J. Cherof
915 South Federal Highway Boynton Beach, Florida 33435
Ph: 561-737-3256 Fax: 561-737-3258
.... v
, ~ ," f"} ~ (11 d' ~j -0 'h ,I' l .'< (r
Page 1 of 1
Bright, Lisa
From: Bright, Lisa
'nt: Friday, January 18, 2008 12:34 PM
10: Bressner, Kurt; Cherof, James; Livergood, Jeffrey; Atwood, Barry
Cc: 'OJ Doody'
Subject: RE: Memo from CRA Director - PW Site
Attachments: Letter to Bresner re relcoation of public works site.doc
Hi all,
For historical purposes, attached is the February 6,2006 letter sent by Chairwoman Jeanne Heavilin.
Our Public Works folder does not reflect a response with the City's Plan to the request for information.
Lisa
From: Bressner, Kurt
Sent: Friday, January 18, 2008 10:53 AM
To: Cherof, James; Livergood, Jeffrey; Atwood, Barry
Cc: Bright, Lisa; 'OJ Doody'
Subject: Memo from CRA Director - PW Site
Good morning,
Please find a copy of a letter I received from Lisa Bright. The former CRA chair wrote a letter to the City requesting that we take
st......c; to relocate the PW Facility. The CIP Budget reflected that request with our understanding that the cost of the relocation
\ I be borne by the CRA. The CIP Budget is a multi-year program with the first year being the specific and legally authorized
a(.Jl-'fopriation. The timeline for the CRA's involvement begins in October 2008, which is next fiscal year for both the City and the
CRA.
I have no problem with the City Commission and the CRA Board reviewing this issue specifically and for the City Commission to
authorize removing the relocation of the PW Facility from the CIP. If in the future, the facility is to be relocated, it can be placed
back in the CIP.
I cannot comment specifically as to Lisa's opinion that the CRA may be not in compliance with FSS 163.
Please review and advise.
Thank you,
Kurt Bressner
Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public
records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.
02/0512008
CITY OF BOyNTON BEACH
CAPrrAL~VEMENTPROGRAM
200712008 BUDGET
REVENUES
....
",ftQ
1II111D]I c:;
....
200112008
Budget
200812001
EstImated
200812007
Bu~!l
I
2011"
Plan
807,771
650,000
2010/2011
Plan
598,742
2,000,000
650,000
425.605
125,000
65'0]'00
1,391,984
540,000
175,000
400,000
650,000
220,000
25.000.000
1,803,114
1.220.000
425,000
10.137,873
800.000
1,700,000
2,500,000
480,000
1,000,000
687,336
800,000
20,000,000
50,000
250.000
115,000
27. 336
1,751,236
500,000
750,000
5.951,086
800.000
REVENUES
Funding General City Projects
Transfer from PS Tax Debt Fund-
Transfer from General Fund'"
Transfer from Parks & Rec Faclfities Fund
Interest Income
Grants"
Local Option Gas Tax
Boynton Beach Memorial Park Fund
BOND PROCEEDS - 2006 PS TAX ISSUE
I- PROCEEDS - 2008 PS TAX ISSUE
.~I nw"
FE . ..
Oceans Cost Share
146.000
1,457,771
-
l...
$
~<4IQ 42
3.
J
J
9.500,805
s
400.000 ~ S
30.976.984
400.000
$
$
14,385.987
380.000
130,000
5,700,000
552,873
200,000
200,000
1.775,000
1,000.000
200,000
10,137.813
$
o
o
137,3~
o
o
350,000
200.000
687.336
$
$
9,
37,500
56,250
80,000
137,336
4,300,000
440,000
200.000
500,000
200,000
5~
$
for GtnenII
TatlII
50.000
421
$
$
.UCiD,OOO I
~ ,000,000
~~'$
$
1,000,000
$
50,000
$
rOTAL CRA
r
CITY OF BOYNTON BEACH
CAPITAL IMPROVEMENT EXPENDITURES
200712008 BUDGET
GENERAl GOVERNMENT
2OO6I2OlI7 2OO6t2OO7 200712008 200812009 200912010 201012011 2011+
DESCRIPTION Source Budget EstimIted Budget Plan Plan Plan Plan
- - - -
Old Fire Station #2 - Renovation for PO #2 - - 100,000 - - - -
Old High School - DemoIParkin9 Improvements 500 000 - - -
- - -
Police - Animal Shelter HVAC - 2,500 2,500 - - -
-
Police - New Public Safety Facility - - 1,500,000 3,500,000 - 20,000,000 - - -
Police - Pistol Range Benn RemovallLandscapl - 25,000 25 000 -
- - -
Police - Pistol Range Exterior Painting/Stucco - 50,000 29,974 - - - -
Police - Pistol Range HVAC - 15,000 15,000 - - - -
Police Station Roof Replacement - 100 000 186,341 - - -
-
Public Safety Complex (EOC) . Construct. - 214,900 31,600 432,750 160,250 - - - -
Public Safety Complex (ITS) - Construct. - 501,400 17,550 240,600 89,100 - - - -
PW - Exterior Painting 60,000 - - -
~- - -
- -
, """""'" ..... 80,000 - -
School Museum Exterior/Window Painting 60.000 60 000 - -
- -
School Museum Refurbishment 25 000 300,000
School Museum Hurricane Protection 175 aoo - -
25,000 25 000 25-;o0oi 25 000 -
Security - City Wide Upgrades 25,000 25,000
StonnWaIer Pond GazebolWalkway - Main!. 0 40,000 -
- -
Town Square - Demo Clvlc Center - 40,000
Town Square. Demo Land ACQuisition - 75,000,
Town Square - Demo Madsen Center - 30,000
Town Square - Events Stage - 750,000
T9WIlllllU8R! I-lI!JI1 SGIleeI ReemlleR 1.600 000 -
Town Square - Land Acqulsltion (MF Area) - 1.000,000
Town Square - New Community Center @ $210/sQft - 7,770,000
Town Square - Parldng Garage 7,200,000
Various Small Projects 75 000 75,OOC 75 000 75,000 75 000 ~
Misc. Architectural Design 5O,OOC 50,000
TOTAL GENERAL GOVERNMENT $ 8,647,636 $ 4,917,710 $ 5,805,350 $ 7,191,250 $ 29,690,000 $ 740,000 $ 19,730,000
424
!iiilllP4n
... ~_.._~"~;-
A.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Owners:
Location:
Description:
HARBOR eA Y (SPTE 07-006)
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
Harbor Cay, LLC
East side Federal Highway; approximately 160 feet north of
Gateway Boulevard.
Request for a one (1) year site plan time extension for Harbor Cay
(NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to
May 2, 2008. (Tabled to August 21, 2007)
Casa del Mar (SPTE 07-009)
Bonnie Miskel, Esq. of Siegel, Upman, Dunay, Shepard and Miskel
LLP
Ocean Boulevard Properties, LLD
2632 North Federal Highway, east of US #1, north of Dimick Road
Request for a one (1) year site plan time extension for the Casa
del Mar project, consisting of 42 fee-simple townhouse units and
40 multi-family (condominium) dwelling units on 4.11 acres zoned
Infill Planned Unit Development (IPUD)
IX. CITY MANAGER'S REPORT:
X. FUTURE AGENDA ITEMS:
A. Discussion of Resolution No, 03-164 (Tabled on 08/07/07)
B. Discussion of disposition of Old High School (Tabled on 08/21./07)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBUC HEARING
1. Proposed Ordinance No. 07-022 Re: Amending Section 18-
135 of the Code of Ordinances, entitled "Board of Trustees" of the
General Employees Pension Plan.
2. Proposed Ordinance No. 07-023 Re: Amending sections
26-9 and 26-34 of the City's Code governing rates for potable water,
wastewater and capital facilities charges.
4
Meeting Minutes
Regular City Commission
Boynton Beach, FL.
September 4,2007
Motion
Vice Mayor Rodriguez moved to table Item VIlLA. to September 18th. The motion passed
unanimously.
Casa del Mar (SPTE 07-009)
Bonnie Miskel, Esq. of Siegel, Lipman, Dunay, Shepard and Miskel
LLP
Ocean Boulevard Properties, LLQ
2632 North Federal Highway, east of US #1, north of Dimick Road
Request for a one (1) year site plan time extension for the Casa
del Mar project, consisting of 42 fee-simple townhouse units and
40 multi-family (condominium) dwelling units on 4.11 acres zoned
Infill Planned Unit Development (IPUD)
Attorney Cherof administered an oath to those intending to testify and explained the procedure
to be followed.
B.
Project:
Agent:
Owners:
Location:
Description:
Kathleen Zeitler, Planner, located the property and reported a site plan had been approved on
July 18, 2006 for 42 fee simple townhouse units and 40 multi-family condominium dwellings on
4.11 acres of Infilled Planned Unit Development. Additional time was requested for the
applicant to get the building permits. Justification for the request and good faith effort to move
the project forward had been done. Ms. Zeitler noted the environmental permits required do
take significant time to obtain. Staff recommended approval with all conditions of approval.
Bonnie Mlskel, agent for the applicant, was available to answer any questions of the
Commission.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to approve a one year site plan extension. Vice Mayor Rodriguez
seconded the motion. The motion passed unanimously.
-r1L. ~''''Y''' ~"""'" ""~'_,_," -
== _.~: ~':-'':'' ~r:' .-. _..L ~--- -- en
ICe
10
Meeting Minutes
Regular City Commission
Boynton Beach, FL.
,..
_1___ ..
~T"--
~~rc~~W~~::~~[:;:~_L ~,
... -, ~
r
--'--'"
...
September 4, 2007
... .-. ~.._ .. ._.1, ~. ~J LI - -U'U
.. . ., . . ~ ;~ -~
. . - 1 1fT
....._ __~"l~"... rn.n"'In"'Ii~i^.. &-- "]
rr--I_4-....... .
1....... (~.=...=.~II,..
Motion
Commissioner Weiland moved to approve the 2007-08 Capital Improvement budget for non-
utility projects. Commissioner McKoy seconded the motion. The motion passed unanimously.
X. FUTURE AGENDA ITEMS:
A. Discussion of Resolution No. 03-164 (Tabled on 08/07/07)
B. Discussion of disposition of Old High School (Tabled on 08/21/07)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBUC HEARING
1. Proposed Ordinance No. 07-022 Re: Amending Section 18-
135 of the Code of Ordinances, entitled "Board of Trustees" of the
General Employees Pension Plan.
Attorney Cherof read Proposed Ordinance No. 07-022 by title only.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 07-022. Vice Mayor
Rodriguez seconded the motion
~
City Clerk Prainito called the roll. The vote was 4-0.
11
~"!'JIl'JVMft"'ncy
B...... _ _ _' __ .k:mda
DeL rrnnra__
Chair Heavilin inquired about three other HOB properties, Ulasoy, Finkelstein and
Mr. Barry. Ms. Brooks gave an update and Mr. Finkelstein recommended an
option that the CRA self-develop the site as opposed to going to RFP. Ms. Brooks
will bring that option back to the Board in a more detailed manner. There will be a
conference call tomorrow with the City Manager. They will proceed with contacting
individuals and letters will be going out at the beginning of the year. Many of the
eminent domain individuals are coming back to them.
e
-. s
Mr. DeMarco thanked the staff and complimented the CRA staff on their
expediency in moving pending matters along.
Mr. Fenton thanked the staff on behalf of the Marine Corp Toys for Tots program.
His staff generously gave up their inter-staff exchange for gifts and donated toys.
A big bundle was delivered to his office and also at the meeting tonight. A marine
is coming next Wednesday to collect the gifts and there is still time to donate. All
toys will be graciously accepted. Mr. Fenton also wanted to go on record that over
the last four years and serving on the Board, that bureaucratic micromanagement
has created an inertia in the City of Boynton Beach. He thanked the Board and
said good-bye.
Mr. Barretta noted in reference to the CRA office, they will be asked to leave the
premises by August. The CRA is looking at the old high school. Mr. Barretta
contended by the time they go to out for RFP, select a contractor to do the design
work, permitting, construction documents and required renovation, it will probably
be August of the following year before the building is ready and the CRA should
not consider the high school. Time wise it is not feasible and in it's current
condition it may not be able to receive a certificate of occupancy. Ms. Bright
indicated she was told the building was habitable.
A happy holiday was wished to all.
X. Comments by Board Attorney
None.
XI. Comments by Staff
None.
15
February 6,2006
Mr. Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, FL 33425-0310
Re: City's Public Utility Site
Dear Kurt:
As you know, the current location of the City's public utilities site is located
within the Heart of Boynton Redevelopment Area. According to the Heart of Boynton
Redevelopment Plan, this 8.2-acre site shall be redeveloped. The eRA would like to
formally request that the City pursue relocating this site as soon as it is feasible so that
the land in question may be redeveloped in accordance with the Plan.
Please contact Lisa Bright, Executive Director, with the status of the relocation
process. The CRA will be more than willing to assist in this endeavor.
Very truly yours,
Jeanne Heavilin
Chairperson, eRA
cc: CRA Board members
Lisa Bright, Executive Director, CRA
Kenneth G. Spillias, Esq.
I:\Client Documents\Boynton Beach CRA\2419-000\Corr\Letter to Bresner re relcoation of public works site.doc
eRA BOARD MEETING OF: February 12,2008
I Consent Agenda I
Old Business I X I
New Business
Public Hearing
Other
SUBJECT: Consideration of Purchasing City Owned Properties Along the MLK Corridor
SUMMARY: At the January 08,2008 CRA Board meeting staff was directed to analyze the
feasibility of purchasing the City's parcels along the MLK corridor thus providing income to the City
and identifying the CRA as the sole owner.
Historically, in 2004 and 2005 the CRA was actively purchasing properties along Seacrest Boulevard
and the MLK corridor for redevelopment. This activity was driven with the ultimate goal of exchanging
the parcels between the entities. The CRA acquired properties along Seacrest Boulevard were to be
transferred to the City which would then in turn trade the City's MLK properties to the CRA.
The intent of the trade was to facilitate and support the expansion of Sara Sims Park as well as a new
single-family development project. By the same token, the City exchanged properties on the MLK
corridor area would be combined to create a large mixed-use redevelopment project.
The attached analysis of properties owned by the City and CRA is for discussion purposes only. Staff
valuations are based on recent CRA acquisitions not independent appraisals necessary to conduct an
arms length purchase transaction between the City and CRA.
FISCAL IMPACT: If the Board votes to purchase the City properties, this would be an unbudgeted
FY07 -08 expense and staff would bring back funding options at the March meeting.
RECOMMENDATIONS: Direct staff to work with City staff to select an appraisal firm to
conduct fair market appraisals on all parcels.
i?~ in l7f~
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 02 12 CRA Board Meeting February\Purchase of City Properties in HOB.doc
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Boynton Beach Community Redevelopment Agency
Value Analysis of City of Boynton Beach Owned Parcels
Within the MLK Corridor as of January 14,2008
Phase I . . /
1)84~~~
$280,000
$20
14,000
C2
1 Oth Avenue
NE
137
$138,600
$617,400
$276,400
$20
6,930
C2
1 Oth Avenue
xxx NE
xxx NE
206 NE
()$$34'2110865~
00050100
$20
30,870
C2
1 Oth Avenue
084345211
$20
13,820
C2
1 Oth Avenue
08434521MOOO0202
160046130
$67,100
$1,379,500
$10
$19
6,710
72,330
1.66
R2
NE 9th Avenue
151
08434521
$830,790 per acre
Phase n
08434521220030011
$40,000
$10
4,000
R2
11th Avenue
xxx NE
$40,000
$10
4,000
R2
xxx NE 2nd Street
08434521220640104,0102,0103
$79,750
$159,750
$10
$10
$435,600
7,975
15,975
0.37
R2
1 Oth Avenue
xxx NE
08434521270010260
per acre
Phase ill
0843~12i601009Q
0843'4521180001550
$68,500
$10
6,850
R2
1 Oth Avenue
xxx NE
$172,700
$20
8,635
C2
3rd Street
xxx NE
$172,700
$413,900
$20
$17
$747,491
8,635
24,120
0.55
C2
3rd Street
xxx NE
80001540
084345211
$1,953,150 Total
per acre
$17.37
$756,764.19 per acre
112,425
2.58
Please Note: Estimated values are based on
recent appraisals of similary zoned parcels
and NOT on the actual properties listed above.
Boynton Beach Community Redevelopment Agency
Value Analysis of CRA Owned Parcels
on the West Side of the MLK Corridor on Seacrest Boulevard January 25, 2008
$85,000
$42,500
$167,812
$78,750
$78,750
$452,812 Total
$10
$10
8,500
R2
11th Avenue
NW
xxx NW
xxx
4,250
R2
11th Avenue
land
1,100sqft b1dg, 4800sqft
R3
Boulevard
909 Seacrest
$15
$15
5,250
5,250
R3
R3
905 Seacrest Boulevard
Boulevard
915 Seacrest
~~'2~161
884~1~3
~2,W'1QQ41450
~S2,~70041460
O~521~70041470
op~ .Ujht
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~A wCU"M-PY'~am;
.
BOYNTON BEACH
HERITAGE
CELEBRATION
Presented by
.
-
-
Auburn
Group
and Boynton Beach CRA
.
A variety of events and activities
celebrating Boynton Beach's multicultural
heritage and unity
'''RY~Te~iCRA - ~t!t~j!l!\f _ .~r.m~.~
iI""Sld'.W."'Ide.SU"d''''''U,"'' _ ti6 PalmBmhPo>l.<om
~~NY~e~.c
. East Side-West Side-Seaside
915 South Federal Highway
Boynton Beach, Florida 33435
www.boyntonbeachcra.com
RA
Renaissance
........ t-t....i. ".,........
~
and
Z.HERITACE.
e ..
z .
)0 "
~ z
CELI.lAnO"
2008
You're cordially invited to attend the 2008 Heritage
Celebration Opening Night Reception and Awards
Program. Enjoy a delicious array of hors d'oeuvres
beverages complemented with live music.
Highwaymen artists Al Black and
Mary Ann Carrol will be on hand to
discuss their work. See award winning
artwork on display, created by students
who participated in the Highwaymen
Public Art Mural Program.
Date Friday, February 15, 2008
Time 5:30 - 7:30 pm
Place Boynton Beach Woman's Club
1010 South Federal Highway
RSVP 561-737-3256
Complimentary valet parking available.
Due to limited space, this invitation extends to you
and one guest.
Thank you for your prompt RSVP.
CELEBRATION
.
-
-
Presented by a
Auburn
Group
and Boynton Beach CRA
A variety of events and activities celebrating Boynton Beach's
multicultural heritage and unity
Ezell Hester Center
Fri. Feb. 15- SUD. Feb. 17
Highwaymen Public Art Program
Basketball Tournament · Children's Activities and Entertainment
fREE CONCERT
THE COMMODORES
Sat Feb. 23, 7-10 pm
(DOWNTOWN BOYNTON)
Ocean Ave. between Seacrest Blvd. & NE 1st Street
www.boyntonbeachcra.com · 561-742-6553 or 561-742-6246
1I!!~gt~ . !rtJ~, -:::~~
\'1 A cultural highlight of this year's Heritage Celebration event is the Highwaymen Public Art Mural Program,
~ dev....eloped to educate children, teens and the public about Florida's history while providing an appreciation for
~ighwaymen art whose gifted artists capture the natural beauty of Florida's Everglades and landscapes on
their colorful canvases,
~" This program also offered children's artwork classes, where students were instructed in
Highwaymen painting techniques. The result of their combined efforts, 4 x 8 foot murals, are now on
display throughout Boynton Beach. including City Hall. Activities sponsored by the Boynton Beach .I)
Library Program.. Art in Public Places.. Art Center Kids Club.. Hester Center Kids Club, Art Smart and the
Youth Violence Prevention Program. For additional information. please contact Debby Coles-Dobay
at 742-6026.. or Karen Abramson at 742-6380.
Schoolhouse Children's Museum
(Sponsored by the Boynton Beach ~
Library Program)
February 2, 9, 13 and 16
129 E. Ocean Ave.
742-6780
February 2nd
Cultural activities celebrating African-American
heritage
11:00 am
12:00 pm
1:00 pm
2:00 pm
Black History Workshop
Lunch with guest musician
"Garment of Praise" Praise Dancers
"An African Experience in America" by
Madafo Wilson, an African-American
storyteller/musician
February 9th
Step Dancing Groups
. Chi Sigma Chi Chapter III "Fierce & Full of Fire'"
from Park Vista High School
. P. R.I.D.E. Step Team from Boynton Beach
Community High School
. Wave Step Group from Clifford O. Taylor Kirklane
Elementary School
2:00 pm - 3:30 pm
February 13th 6:00 pm - 8:00 pm
ArtLink Highwaymen Roadshow
ArtUnk International. a gallery in Lake Worth specializing
in Highwaymen and Florida artwork. invites the public
to bring in their Florida paintings for a free appraisal by
one of their professional representatives who will
determine if your canvas is an original "Highwaymen."
February 16th
Future Artists Reception
Artwork on display created by children involved with the
Highwaymen Public Art Mural Program.
1:00 pm - 2:00 pm
1
~
Ezell Hester Center Activities
1901 N. Seacrest Blvd.
February 15 - 17
742-6550
Youth Entertainment
South Facility Parking Lot
Spotlight performers include Marcus Pleasure Cooper (Pretty Ricky).
JJ & the Connections. Ms. Monique Mills. The Strictly Business Band and Precious
February 15th - 17th
Men's Basketball Tournament
Hester Center Gymnasium
Exciting week-end long tournament where local teams
test their athletic skills
Friday 6:00 pm - 9:00 pm
Saturday 10:00 am - 9:00 pm
Sunday 1:00 pm - 9:00 pm
r.
February 16th
February 16th
fun family Activities
Outdoor courts and playground area
. Highwaymen Public Art Mural display
Rock climbing
Laser tag
Trackless train
"Fireplug the Clown" and friends
All American Gaming
10:00 am - 6:00 pm
J1
10:00 am - 9:00 pm