Agenda 04-08-08
~~~<1Y~T2~ eRA
iii East Side- West Side-Seaside Renaissance
If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will
need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to be based.
CRA Board Meeting
Tuesday, April 8, 2008
City Commission Chambers
6:30 PM
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. Oceanfront Concert by Eloquence April 18, 2008 from 6-9 PM at
Oceanfront Park
VI. Consent Agenda:
A. Approval of the Period-Ended March 31,2008 Financial Report
VII. Pulled Consent Agenda Items:
VIII. Public Comments:
IX. Public Hearing:
Old Business:
New Business:
X. Old Business:
(Note: comments are limited to 3 minutes in duration)
A. Consideration of Second Amendment to DIF A between the CRA and
Boynton Waterway Investment Associates
B. Consideration of Renewing Lease with Boynton Waterway Investment
Associates
C. Consideration of Special Events Interlocal Agreement
D. Consideration of Renewing Lease with Jesus House of Worship
XI. New Business:
A. Consideration of Purchasing Property Located at 114 NE 5th Ave.
B. Discussion of Current CRA Continuing General Contract Agreements
XII. Future Agenda Items
XIII. Comments by Staff
XIV. Comments by Executive Director
XV. Comments by CRA Board Attorney
,'"' \
~~~<1Y~T2~ eRA
iIIi East Side- West Side-Seas.,de Rena.,ssance
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, April 8, 2008
City Commission Chambers
6:30 PM
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. Oceanfront Concert by Eloquence April 18, 2008 from 6-9 PM at
Oceanfront Park
VI. Consent Agenda:
A. Approval of the Period-Ended March 31, 2008 Financial Report
B. CRA Policing District Stats for the Months of February and March 2008
(Info. Only)
C. Boynton Beach CRA and Trolley Web site Updates (Info. Only)
!.>~,\I~;:
I r<""';':\~ -,
rG~;::\\'
'1~~Y~T2~ie RA
ill East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: April 8, 2008
I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Announce the upcoming Oceanfront Concert (Info. Only)
SUMMARY: On Friday, April 18, 2008, the Boynton Beach CRA, the City of Boynton Beach and
The Palm Beach Post will present an Oceanfront Concert, featuring the band Eloquence with music
covering the 60's, 70's and 80's, including disco and R&B. This FREE concert will take place from
6:00 PM - 9:00 PM at Oceanfront Park located at 6415 N. Ocean Blvd, Ocean Ridge. Food and Drink
vendors will be available. Please bring your folding chairs and be prepared to dance the night away.
Park and ride the shuttle from the Bank of America on the comer of US 1 and East Ocean Avenue. The
shuttle runs from 5:30 PM - 9:30 PM.
FISCAL IMP ACT: None (Info. Only)
CRA PLAN, PROGRAM OR PROJECT: Ocean District Plan
RECOMMENDATIONS: N/A
/
~h.- ~-
",.,/'~~/V'> ..... ~~
Kathy Biscui i '
Special Events Manager
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 04 08 CRA Board Meeting - April\Oceanfront.doc
.
( C E AN F
I ~ ~ ^ r t
_._~~_~~'~e ....
ONT
e 'reS i
Boynton Beach
OCEANFRONT CONCERT SERIES
Friday
Friday
Friday
Marcn 21. 2008
Apr"il 18,2008
May 16. 2008
6:00 PM to 9:00 PM
6:00 PN'\ to 9:00 PH\.
6:00 PM to 9:00 PM
Oceanfront Park
M15 N Ocean Blvd.
On AlA. Just North of the Ocean Avenue bridge.
Park and Ride on the shuttle - park at Bank of America
on the corner of East Ocean Avenue and Federat Highway.
Shuttle run. from 5dO PM to 9dO PM.
Brfng your fold1ng chaiN and prepare to dance the night awayl
Food e.. Drinks 8vaJlabte.
Par InfurrnetIan celt 561i'1Z-6Z'16 or 757~
II~tRA
Ii..sw....w.~'-*.. ~ ..
.
~,<:-:r~,;
eRA BOARD MEETING OF: April 8, 2008
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 March 31, 2008.
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: N/A
RECOMMENDATIONS: Approve March financials.
~#~
Susan Harris
Finance Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 04 08 CRA Board Meeting - April\Financial Report.doc
3-28-2008 03:1(
BOYNTON BEACH cr
REVENUE & EXPENDITURES REPOR lAUDITED)
AS OF: MARCH 31ST, 2~vd
PAGE:
1
01 -GENERAL FUND
FINANCIAL SUMMARY
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
REVENUE SUMMARY
T . 1. F . INCOME 9,500,000 9,500,000 0.00 9,719,425.00 0.00 219,425.00) 2.31-
MARINA RENT & GRANT INC 1,453,200 1,453,200 87,700.28 538,093.84 0.00 915,106.16 62.97
MARKETING INCOME 0 0 0.00 2,430.00 0.00 2,430.00) 0.00
FESTIVALS & EVENT INCOME 10,000 10,000 855.00 57,355.00 0.00 47,355.00) 473.55-
INVESTMENT INCOME 300,000 300,000 0.00 148,533.38 0.00 151,466.62 50.49
CONTRIBUTIONS & DONATION 0 0 0.00 0.00 0.00 0.00 0.00
MISCELLANEOUS 0 0 98.20 307.49 0.00 307.49) 0.00
OTHER FINANCING SOURCES 0 1,000,000 0.00 0.00 0.00 1,000,000.00 100.00
TOTAL REVENUES 11,263,200 12,263,200 88,653.48 10,466,144.71 0.00 1,797,055.29 14 .65
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
EXPENDITURE SUMMARY
LEGISLATIVE 57,400 57,400 218.55) 12,248.54 0.00 45,151.46 78.66
ADMINISTRATIVE 264,046 264,046 14,954.64 121,789.70 0.00 142,256.30 53.88
AUDITOR 26,200 26,200 0.00 10,700.00 0.00 15,500.00 59.16
FINANCE 168,280 168,280 13,485.14 66,062.34 0.00 102,217.66 60.74
INSURANCES 105,375 105,375 0.00 94,920.79 0.00 10,454.21 9.92
PROFESSIONAL SERVICES 560,120 710,120 17,445.43 125,842.49 172,750.20 411,527.31 57.95
PLANNING 717,395 762,395 41,452.07 216,630.04 327,265.03 218,499.93 28.66
BUILDINGS & PROPERTY 506,090 506,090 54,387.27 137,170.11 146,175.83 222,744.06 44.01
MARINA 1,410,000 1,410,000 65,468.67 433,062.69 0.00 976,937.31 69.29
COMMUNICATIONS & TECHNOLO 60,740 60,740 1,342.72 20,575.73 36,860.00 3,304.27 5.44
SOFTWARE & TECHNOLOGY 40,000 40,000 2,684.53 11,684.53 0.00 28,315.47 70.79
CONTINGENCY 274,000 234,000 0.00 0.00 0.00 234,000.00 100.00
POLICE 573,853 573,853 0.00 185,069.00 0.00 388,784.00 67.75
TRANSPORTATION 521,000 921,000 82,791. 00 324,161.51 0.00 596,838.49 64.80
INCENTIVES & GRANTS 425,000 465,000 2,275.00 14,380.14 140,000.00 310,619.86 66.80
MARKETING 292,905 304,905 17,127.02 144,509.87 108,084.24 52,310.89 17.16
SPECIAL EVENTS 451,715 451,715 23,605.84 361,368.38 0.00 90,346.62 20.00
SIGNAGE PROGRAM 85,000 10,000 0.00 177.96 0.00 9,822.04 98.22
HEART OF BOYNTON 0 0 0.00 0.00 0.00 0.00 0.00
DEVELOPMENT PROJECTS 1,453,114 1,921,114 10,000.00 87,546.19 0.00 1,833,567.81 95.44
EMPLOYEE BEBEFITS 204,979 204,979 12,515.70 67,278.12 0.00 137,700.88 67.18
DEBT SERVICE 3,065,988 3,065,988 826,392.62 1,057,135.57 0.00 2,008,852.43 65.52
TRANSFER OUT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL EXPENDITURES 11,263,200 12,263,200 1,185,709.10 3,492,313.70 931,135.30 7,839,751.00 63.93
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
REVENUES OVER! (UNDER) EXPENDITURES 0 0 ( 1,097,055.62) 6,973,831. 01 931,135.30) ( 6,042,695.71) 0.00
3-28-2008 03:1'
BOYNTON BEACH cr
REVENUE & EXPENDITURES REPOF ~AUDITED)
AS OF: MARCH 31ST, ~~vd
PAGE:
2
01 -GENERAL FUND
REVENUES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
T. 1. F . INCOME
01-41000 T.1.F. COLLECTIONS 9,500,000 9,500,000.0 0.00 9,719,425.00 0.00 219,425.00) 2.31-
TOTAL T.I.F.INCOME 9,500,000 9,500,000 0.00 9,719,425.00 0.00 219,425.00) 2.31-
MARINA RENT & GRANT INC
01-42100 TROLLY -FEDERAL & MPO GRANTS 0 0.0 0.00 0.00 0.00 0.00 0.00
01-42110 MARINA - COUNTY GRANT 0 0.0 0.00 0.00 0.00 0.00 0.00
01-42112 MORTGAGE REIMB. - COUNTY GRAN 0 0.0 0.00 0.00 0.00 0.00 0.00
01-42115 MARINA RENTS 125,000 125,000.0 9,988.91 68,834.39 0.00 56,165.61 44.93
01-42116 MISCELLANEOUS RENTS FRO PROPE 7,200 7,200.0 600.00 3,600.00 0.00 3,600.00 50.00
01-42117 MARINA FUEL SALES 1,320,000 1,320,000.0 77,068.37 465,535.60 0.00 854,464.40 64.73
01-42118 MARINA MISC INCOME 1,000 1,000.0 43.00 123.85 0.00 876.15 87.62
01-42120 MANGROVE LAND PURCHASE 0 0.0 0.00 0.00 0.00 0.00 0.00
TOTAL MARINA RENT & GRANT INC 1,453,200 1,453,200 87,700.28 538,093.84 0.00 915,106.16 62.97
MARKETING INCOME
01-43100 TROLLY MARKETING INCOME 0 0.0 0,00 2,430.00 0.00 2,430.00) 0.00
TOTAL MARKETING INCOME 0 0 0.00 2,430.00 0.00 2,430.00) 0.00
FESTIVALS & EVENT INCOME
01-44100 FESTIVAL & EVENT INCOME 10,000 10,000.0 855.00 57,355.00 0.00 47,355.00) 473.55-
01-44101 SHARED FESTIVAL INCOME-PIRATE 0 0.0 0.00 0.00 0.00 0.00 0.00
01-44102 SHARED FESTIVAL INC- MEDIEVAL 0 0.0 0.00 0.00 0.00 0.00 0.00
01-44103 SHARED FESTIVAL INC - HERITAG 0 0.0 0.00 0.00 0.00 0.00 0.00
01-44104 SHARED FESTIVAL INC-HOLIDAY F 0 0.0 0.00 0.00 0.00 0.00 0.00
TOTAL FESTIVALS & EVENT INCOME 10,000 10,000 855.00 57,355.00 0.00 47,355.00) 473.55-
INVESTMENT INCOME
01-46100 INTEREST INCOME 300,000 300,000.0 0.00 148,533.38 0.00 151,466.62 50.49
TOTAL INVESTMENT INCOME 300,000 300,000 0.00 148,533.38 0.00 151,466.62 50.49
CONTRIBUTIONS & DONATION
01-47100 CONTRIBUTIONS & DONATIONS 0 0.0 0.00 0.00 0.00 0.00 0.00
TOTAL CONTRIBUTIONS & DONATION 0 0 0.00 0.00 0.00 0.00 0.00
MISCELLANEOUS
01-48100 MISCELLANEOUS INCOME 0 0.0 98.20 307.49 0.00 307.49) 0.00
01-48200 REFUND FROM PRIOR YEAR EXP 0 0.0 0.00 0.00 0.00 0.00 0.00
TOTAL MISCELLANEOUS 0 0 98.20 307.49 0.00 307.49) 0.00
3-28-2008 03:1r '~
01 -GENERAL FUND
REVENUES
OTHER FINANCING SOURCES
01-49100 OTHER FINANCING SOURCES
TOTAL OTHER FINANCING SOURCES
BOYNTON BEACH Cr-
REVENUE & EXPENDITURES REPO: ~AUDITED)
AS OF: MARCH 31ST, _ J8
PAGE:
3
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
0 1,000,000.0 0.00 0.00 0.00 1,000,000.00 100.00
0 1,000,000 0.00 0.00 0.00 1,000,000.00 100.00
11,263,200 12,263,200 88,653.48 10,466,144.71 0.00 1,797,055.29 14.65
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
TOTAL REVENUES
3-28-2008 03:1( BOYNTON BEACH Cpo PAGE: 4
REVENUE & EXPENDITURES REPOF :;lAUDITED)
AS OF: MARCH 31ST, ~ J
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 0.00 700.00 0.00 12,300.00 94.62
01-51010-216 ADVERTISING & PUBLIC NOTI 2,700 2,700 197.18 1,020.25 0.00 1,679.75 62.21
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 27,500 500.00) 9,164.62 0.00 18,335.38 66.67
01-51010-227 DELIVERY SERVICES 3,600 3,600 84.27 1,107.30 0.00 2,492.70 69.24
TOTAL PURCHASED/CONTRACT SERV 56,800 56,800 218.55) 12,192.17 0.00 44,607.83 78.53
SUPPLIES
01-51010-300 OFFICE EXPENSE 600 600 0.00 56.37 0.00 543.63 90.61
TOTAL SUPPLIES 600 600 0.00 56.37 0.00 543.63 90.61
TOTAL LEGISLATIVE 57,400 57,400 ( 218.55) 12,248.54 0.00 45,151. 46 78.66
3-28-2008 03:1f
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 EXPENDITURES
01-51230-400 EQUIPMENT COSTS
TOTAL CAPITAL EXPENDITURES
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 CP
REVENUE & EXPENDITURES REPOR iAUDITED)
AS OF: MARCH 31ST, 2vvo
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
MONTHLY
ACTIVITY
13,455.38
310.00
13,765.38
0.00
0.00
0.00
657.30
100.00
20.61
0.00
777.91
0.00
411.35
0.00
0.00
0.00
0.00
411.35
o
o
14,954.64
0.00
0.00
0.00
0.00
YEAR-TO-DATE
BALANCE
104,940.96
1,891. 00
106,831. 96
0.00
1,961.60
0.00
5,508.75
2,781.83
131. 74
0.00
10,383.92
0.00
3,334.94
744.10
85.80
0.00
0.00
4,164.84
408.98
408.98
0.00
0.00
121,789.70
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
110,455.04
2,139.00
112,594.04
0.00
38.40
0.00
8,681.25
2,248.17
2,868.26
2,500.00
16,336.08
0.00
5,165.06
1,255.90
1,564.20
750.00
0.00
8,735.16
4,591.02
4,591. 02
0.00
0.00
142,256.30
PAGE:
5
% OF
BUDGET
REMAINING
51.28
53.08
51.31
0.00
1. 92
0.00
61.18
44.70
95.61
100.00
61.14
0.00
60.77
62.80
94.80
100.00
0.00
67.71
91. 82
91. 82
0.00
0.00
53.88
3-28-2008 03:1r
01 - GENERAL FUND
AUDITOR
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
BOYNTON BEACH cr
REVENUE & EXPENDITURES REPOF ~AUDITED)
AS OF: MARCH 31ST, ~vv8
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
PAGE:
6
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
PURCHASED/CONTRACT SERV
01-51320-202 AUDITORS FEES
01-51320-227 DELIVERY SERVICES
TOTAL PURCHASED/CONTRACT SERV
26,000
200
26,200
26,000
200
26,200
0.00
0.00
0.00
10,700.00
0.00
10,700.00
0.00
0.00
0.00
15,300.00
200.00
15,500.00
58.85
100.00
59.16
TOTAL AUDITOR
59.16
26,200
26,200
0.00
10,700.00
0.00
15,500.00
3-28-2008 03:1'
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 EXPENDITURES
01-51325-400 EQUIPMENT COSTS
TOTAL CAPITAL EXPENDITURES
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 cr
REVENUE & EXPENDITURES REPOF ~AUDITED)
AS OF: MARCH 31ST, ~.~d
AMENDED
BUDGET
140,400
o
140,400
5,280
1,600
o
o
11,600
900
1,500
1,000
21,880
o
4,500
o
500
1,000
6,000
o
o
o
o
168,280
MONTHLY
ACTIVITY
9,634.62
0.00
9,634.62
476.17
265.58
0.00
0.00
2,637.53
25.00
15.83
0.00
3,420.11
0.00
248.91
0.00
181.50
0.00
430.41
o
o
o
o
13,485.14
0.00
0.00
0.00
0.00
YEAR - TO- DATE
BALANCE
52,471.15
0.00
52,471.15
1,586.19
655.84
0.00
0.00
8,662.38
335.00
110.34
0.00
11,349.75
0.00
2, 014 . 15
0.00
181. 50
45.79
2,241.44
0.00
0.00
0.00
0.00
66,062.34
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
87,928.85
0.00
87,928.85
3,693.81
944.16
0.00
0.00
2,937.62
565.00
1,389.66
1,000.00
10,530.25
0.00
2,485.85
0.00
318.50
954.21
3,758.56
0.00
0.00
0.00
0.00
102,217.66
PAGE:
7
% OF
BUDGET
REMAINING
62.63
0.00
62.63
69.96
59.01
0.00
0.00
25.32
62.78
92.64
100.00
48.13
0.00
55.24
0.00
63.70
95.42
62.64
0.00
0.00
0.00
0.00
60.74
3-28-2008 03:1r '~
BOYNTON BEACH CP-
REVENUE & EXPENDITURES REPOI
AS OF: MARCH 31ST, _
PAGE:
8
NAUDITED)
d
01 -GENERAL FUND
INSURANCES
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51410-200 CONTRACTUAL EXPENSE 26,090 26,090 0.00 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 0.00 94,920.79 0.00 10,454.21 9.92
TOTAL INSURANCES 105,375 105,375 0.00 94,920.79 0.00 10,454.21 9.92
3-28-2008 03:1(
BOYNTON BEACH cr-
REVENUE & EXPENDITURES REPOF NAUDITED}
AS OF: MARCH 31ST, ~_"d
PAGE:
9
01 -GENERAL FUND
PROFESSIONAL SERVICES
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
PURCHASED/CONTRACT SERV
01-51420-200 CONTRACTUAL EXPENSE 110,000 260,000 5,690.00 49,303.73 145,165.70 65,530.57 25.20
01-51420-201 CONTRACT LEGAL 350,000 350,000 8,192.10 55,791. 75 0.00 294,208.25 84.06
01-51420-203 LOBBYING COSTS- FED & STA 90,000 90,000 3,333.33 17,415.50 27,584.50 45,000.00 50.00
01-51420-204 CITY STAFF COSTS 10,120 10,120 230.00 3,331.51 0.00 6,788.49 67.08
01-51420-227 CONTRACT LEGAL DELIVERY S 0 0 0.00 0.00 0.00 0.00 0.00
01-51420-228 BUILDING & DEMOLITION PER 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL PURCHASED/CONTRACT SERV 560,120 710,120 17,445.43 125,842.49 172,750.20 411,527.31 57.95
TOTAL PROFESSIONAL SERVICES 560,120 710,120 17,445.43 125,842.49 172,750.20 411,527.31 57.95
3-28-2008 03:1f BOYNTON BEACH CP PAGE: 10
REVENUE & EXPENDITURES REPOR lAUDITED}
AS OF: MARCH 31ST, 2.........",
01 -GENERAL FUND
PLANNING
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PERSONNEL SERVICES
01-51440-100 PERSONNEL SERVICES 177,120 177,120 13 , 624 . 62 83,110.16 0.00 94,009.84 53.08
01-51440-115 CAR ALLOWANCE 2,600 2,600 200.00 1,220.00 0.00 1,380.00 53.08
TOTAL PERSONNEL SERVICES 179,720 179,720 13,824.62 84,330.16 0.00 95,389.84 53.08
PURCHASED/CONTRACT SERV
01-51440-200 CONTRACTUAL EXPENSE 522,500 557,500 26,257.50 122,254.92 327,265.03 107,980.05 19.37
01-51440-203 MISCELLANEOUS 0 0 0.00 0.00 0.00 0.00 0.00
01-51440-216 ADVERTISING & PUBLIC NOTI 0 0 0.00 0.00 0.00 0.00 0.00
01-51440-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0,00 0.00
01-51440-225 ASSOC. MEETINGS & SEMINAR 6,000 16,000 1,171.04 7,066.72 0.00 8,933.28 55.83
01-51440-226 MEMBERSHIP DUES 1,225 1,225 0.00 733.00 0.00 492.00 40.16
01-51440-227 DELIVERY SERVICES 2,000 2,000 0.00 270.10 0.00 1,729.90 86.50
01-51440-229 CAREER DEVELOPMENT 0 0 0,00 0.00 0.00 0.00 0.00
TOTAL PURCHASED/CONTRACT SERV 531,725 576,725 27,428.54 130,324.74 327,265.03 119,135.23 20.66
SUPPLIES
01-51440-300 OFFICE EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00
01-51440-310 OFFICE SUPPLIES 3,500 3,500 198.91 1,330.27 0.00 2,169.73 61.99
01-51440-355 SUBSCRIPTIONS 150 150 0.00 0.00 0.00 150.00 100.00
01-51440-360 BOOKS & PUBLICATIONS 300 300 0.00 0.00 0.00 300.00 100.00
01-51440-365 OFFICE PRINTING COSTS 2,000 2,000 0.00 644.87 0.00 1,355.13 67.76
TOTAL SUPPLIES 5,950 5,950 198.91 1,975.14 0.00 3,974.86 66.80
CAPITAL EXPENDITURES
01-51440-400 EQUIPMENT COSTS 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL CAPITAL EXPENDITURES 0 0 0.00 0.00 0.00 0.00 0.00
DEPRECIATION & AMORT
01-51440-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL PLANNING 717,395 762,395 41,452.07 216,630.04 327,265.03 218,499.93 28.66
3-28-2008 03:1F BOYNTON BEACH cr- PAGE: 11
REVENUE & EXPENDITURES REPOI ~AUDITED)
AS OF: MARCH 31ST, L. _ _d
01 -GENERAL FUND
BUILDINGS & PROPERTY
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51620-200 CONTRACTUAL EXPENSE 2,700 2,700 136.50 1,034.35 0.00 1,665.65 61.69
01-51620-205 RENTAL OF OFFICES 50,760 50,760 425.00 24,425.00 24,800.00 1,535.00 3.02
01-51620-206 MAINTENENCE & CLEANING 8,280 8,280 1,380.00 4,140.00 0.00 4,140.00 50.00
01-51620-207 OFFICE SPACE CHARGES 10,000 10,000 975.45 4,854.66 0.00 5,145.34 51.45
01-51620-208 EQUIPMENT LEASES 16,000 16,000 1,665.25 9,741.30 0.00 6,258.70 39.12
01-51620-209 PROPERTY MAINTENENCE COST 312,850 312,850 44,032.84 79,071.01 121,375.83 112,403.16 35.93
01-51620-228 BUILDING & DEMOLITION FEE 87,500 87,500 5,200.00 10,393.10 0.00 77,106.90 88.12
TOTAL PURCHASED/CONTRACT SERV 488,090 488,090 53,815.04 133,659.42 146,175.83 208,254.75 42.67
SUPPLIES
01-51620-315 POSTAGE COSTS 0 0 0.00 0.00 0.00 0.00 0.00
01-51620-325 ELECTRICITY COSTS 10,000 10,000 491.61 2,731.11 0.00 7,268.89 72 .69
01-51620-326 WATER CHARGES 8,000 8,000 80.62 779.58 0.00 7,220.42 90.26
TOTAL SUPPLIES 18,000 18,000 572.23 3,510.69 0.00 14,489.31 80.50
CAPITAL EXPENDITURES
01-51620-400 EQUIPMENT COSTS 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL CAPITAL EXPENDITURES 0 0 0.00 0.00 0.00 0.00 0.00
DEPRECIATION & AMORT
01-51620-600 DEPREACTION EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL BUILDINGS & PROPERTY 506,090 506,090 54,387.27 137,170.11 146,175.83 222,744.06 44.01
3-28-2008 03: J
01 -GENERAL FUND
MARINA
DEPARTMENTAL EXPENDITURES
PURCHASED/CONTRACT SERV
01-51630-200 CONTRACTUAL
01-51630-206 MAINTENANCE
01-51630-209 PROPERTY MAINTENENCE
01-51630-241 MARINA FUEL MANAGEMENT
01-51630-242 MARINE FUEL STATION OVERH
TOTAL PURCHASED/CONTRACT SERV
SUPPLIES
01-51630-325 ELECTRIC COSTS
01-51630-326 WATER COSTS
01-51630-327 GASOLINE & DEISEL FUEL PU
01-51630-328 MARINA DIESEL SALES TAX
TOTAL SUPPLIES
CAPITAL EXPENDITURES
01-51630-400 EQUIPMENT COSTS
TOTAL CAPITAL EXPENDITURES
TOTAL MARINA
BOYNTON BEACH r
REVENUE & EXPENDITURES REPO JNAUDITED)
AS OF: MARCH 31ST, ~u08
ORIGINAL
BUDGET
775
o
49,125
125,000
40,900
215,800
20,000
3,000
1,140,000
19,200
1,182,200
12,000
12,000
1,410,000
AMENDED
BUDGET
775
o
49,125
125,000
40,900
215,800
20,000
3,000
1,140,000
19,200
1,182,200
12,000
12,000
1,410,000
MONTHLY
ACTIVITY
0.00
0.00
1,661.00
0.00
4,447.87
6,108.87
982.76
0.00
57,161. 21
1,215.83
59,359.80
0.00
0.00
65,468.67
YEAR-TO-DATE
BALANCE
0.00
0.00
6,249.99
50,966.32
19,192.34
76,408.65
5,400.24
340.40
344,057.77
6,674.02
356,472.43
181.61
181. 61
433,062.69
TOTAL
ENCUMBERED
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
UNENCUMBERED
BALANCE
775.00
0.00
42,875.01
74,033.68
21,707.66
139,391.35
14,599.76
2,659.60
795,942.23
12,525.98
825,727.57
11,818.39
11,818.39
976,937.31
PAGE:
12
% OF
BUDGET
REMAINING
100.00
0.00
87.28
59.23
53.07
64.59
73 .00
88.65
69.82
65.24
69.85
98.49
98.49
69.29
3-28-2008 03: 1" BOYNTON BEACH cr- PAGE: 13
REVENUE & EXPENDITURES REPOI NAUDITED)
AS OF: MARCH 31ST, L. ~ .....d
01 -GENERAL FUND
COMMUNICATIONS & TECHNOLO
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51650-200 CONTRACTUAL EXPENSE 1,500 1,500 0.00 1,200.00 0.00 300.00 20.00
TOTAL PURCHASED/CONTRACT SERV 1,500 1,500 0.00 1,200.00 0.00 300.00 20.00
SUPPLIES
01-51650-330 TELEPHONE LINES 7,800 7,800 473.37 3,752.96 0.00 4 , 047 . 04 51. 89
01-51650-335 T-l COMMUNICATION LINE 0 0 0.00 0.00 0.00 0.00 0.00
01-51650-340 CELLULAR PHONES 7,440 7,440 869.35 3,731.68 2,160.00 1,548.32 20.81
01-51650-345 WEB SITE 0 0 0.00 0.00 0.00 0.00 0.00
01-51650-350 WI-FI ANNUAL COST 44,000 44,000 0.00 11,891.09 34,700.00 2,591.09) 5.89-
TOTAL SUPPLIES 59,240 59,240 1,342.72 19,375.73 36,860.00 3,004.27 5.07
CAPITAL EXPENDITURES
01-51650-400 EQUIPMENT COSTS 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL CAPITAL EXPENDITURES 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL COMMUNICATIONS & TECHNOLO 60,740 60,740 1,342.72 20,575.73 36,860.00 3,304.27 5.44
3-28-2008 03: If' " BOYNTON BEACH C,.. PAGE: 14
REVENUE & EXPENDITURES REPOl NAUDITED)
AS OF: MARCH 31ST, ~ >13
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 1,500.00 10,500.00 0.00 14,500.00 58.00
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 1,1.84.53 1.,1.84.53 0.00 5,315.47 81..78
TOTAL PURCHASED/CONTRACT SERV 35,000 35,000 2,684.53 1.1.,684.53 0.00 23,315.47 66.62
CAPITAL EXPENDITURES
01-51680-400 EQUIPMENT COSTS 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00
TOTAL CAPITAL EXPENDITURES 5,000 5,000 0.00 0.00 0.00 5,000.00 1.00.00
DEPRECIATION & AMORT
01.-51680-61.0 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 2,684.53 11,684.53 0.00 28,315.47 70.79
3-28-2008 03:1!'"
01 -GENERAL FUND
CONTINGENCY
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
BOYNTON BEACH CP'
REVENUE & EXPENDITURES REPOR ,AUDITED)
AS OF: MARCH 31ST, 2v_v
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
PAGE:
15
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
PURCHASED/CONTRACT SERV
01-51990-200 CONTRACTUAL EXPENSE
TOTAL PURCHASED/CONTRACT SERV
274,000
274,000
234,000
234,000
0.00
0.00
0.00
0.00
0.00
0.00
234,000.00
234,000.00
100.00
100.00
TOTAL CONTINGENCY
100.00
274,000
234,000
0.00
0.00
0.00
234,000.00
3-28-2008 03: 1f BOYNTON BEACH CF' PAGE: 16
REVENUE & EXPENDITURES REPOR lAUDITED)
AS OF: MARCH 31ST, 2vvd
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 EXPENDITURES
01-53120-400 EQUIPMENT COSTS 45,445 45,445 0.00 45,455.00 0.00 10.00) 0.02-
01-53120-410 POLICE CRUISER 139,614 139,614 0.00 139,614.00 0.00 0.00 0.00
TOTAL CAPITAL EXPENDITURES 185,059 185,059 0.00 185,069.00 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 0.00 185,069.00 0.00 388,784.00 67.75
3-28-2008 03: 1r 'I BOYNTON BEACH Cr PAGE: 17
REVENUE & EXPENDITURES REPOl NAUDITED)
AS OF: MARCH 31ST, ~ _ J8
01 -GENERAL FUND
TRANSPORTATION
% OF
ORIGINAL AMENDED MONTIiLY 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 514,800 874,800 76,986.00 313,859.00 0.00 560,941.00 64.12
01-55110-231 TROLLEY 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 45,000 5,805.00 9,103.00 0.00 35,897.00 79.77
TOTAL PURCHASED/CONTRACT SERV 521,000 921,000 82,791. 00 324,161.51 0.00 596,838.49 64.80
TOTAL TRANSPORTATION 521,000 921,000 82,791. 00 324,161.51 0.00 596,838.49 64.80
3-28-2008 03:1r '1 BOYNTON BEACH CT' PAGE: 18
REVENUE & EXPENDITURES REPOI NAUDITED}
AS OF: MARCH 31ST, ~_~d
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 300,000 340,000 2,275.00 2,275.00 140,000.00 197,725.00 58.15
01-57200-238 COMMERCIAL IMPROVEMENT PR 75,000 75,000 0.00 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 425,000 465,000 2,275.00 14,380.14 140,000.00 310,619.86 66.80
TOTAL INCENTIVES & GRANTS 425,000 465,000 2,275.00 14,380.14 140,000.00 310,619.86 66.80
3-28-2008 03:V
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 cr
REVENUE & EXPENDITURES REPOF NAUDITED)
AS OF: MARCH 31ST, 40vd
AMENDED
BUDGET
82,080
82,080
55,200
o
51,695
14,000
53,000
16,980
o
o
9,500
1,150
1,400
o
9,000
211,925
o
5,500
o
400
5,000
10,900
o
o
304,905
MONTHLY
ACTIVITY
6,482.01
6,482.01
0.00
0.00
8,308.00
0.00
1,975.00
0.00
0.00
0.00
75.00
0.00
63.10
0.00
0.00
10,421.10
0.00
223.91
0.00
0.00
0.00
223.91
o
o
0.00
0.00
17,127.02
YEAR-TO-DATE
BALANCE
38,742.95
38,742.95
11,857.80
0.00
28,549.18
6,675.28
16,018.21
31,725.00
0.00
0.00
3,363.93
236.50
161.07
0.00
825.00
99,411.97
0.00
4,000.22
0.00
0.00
2,354.73
6,354.95
0.00
0.00
144,509.87
TOTAL
ENCUMBERED
43,342.20
0.00
20,460.82
7,324.72
36,956.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
108,084.24
108,084.24
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
UNENCUMBERED
BALANCE
43,337.05
43,337.05
0.00
0.00
2,685.00
0.00
25.29
14,745.00)
0.00
0.00
6,136.07
913 .50
1,238.93
0.00
8,175.00
4,428.79
0.00
1,499.78
0.00
400.00
2,645.27
4,545.05
0.00
0.00
52,310.89
PAGE:
19
% OF
BUDGET
REMAINING
52.80
52.80
0.00
0.00
5.19
0.00
0.05
86.84-
0.00
0.00
64.59
79.43
88.50
0.00
90.83
2.09
0.00
27.27
0.00
100.00
52.91
41.70
0.00
0.00
17.16
3-28-2008 03:11' BOYNTON BEACH CF PAGE: 20
REVENUE & EXPENDITURES REPOR IAUDITED)
AS OF: MARCH 31ST, 2vvd
01 -GENERAL FUND
SPECIAL EVENTS
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PERSONNEL SERVICES
01-57500-100 PERSONNEL SERVICES 78,840 78,840 6,232.77 36,976.42 0.00 41,863.58 53.10
TOTAL PERSONNEL SERVICES 78,840 78,840 6,232.77 36,976.42 0.00 41,863.58 53.10
PURCHASED/CONTRACT SERV
01-57500-216 ADVERTISING & PUBLIC NOTI 0 0 0.00 0.00 0.00 0.00 0.00
01-57500-219 FESTIVALS & EVENTS 352,000 352,000 17,174.16 319,299.81 0.00 32,700.19 9.29
01-57500-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0.00 0.00
01-57500-222 BUSINESS PROGRAMING 0 0 0.00 0.00 0.00 0.00 0.00
01-57500-223 BUSINESS GENESIS 0 0 0.00 0.00 0.00 0.00 0.00
01-57500-225 ASSOC. MEETINGS & SEMINAR 9,500 9,500 0.00 2,401.79 0.00 7,098.21 74.72
01-57500-226 MEMBERSHIP DUES 1,325 1,325 0.00 275.00 0.00 1,050.00 79.25
01-57500-227 DELIVERY SERVICES 500 500 0.00 120.28 0.00 379.72 75.94
TOTAL PURCHASED/CONTRACT SERV 363,325 363,325 17,174.16 322,096.88 0.00 41,228.12 11.35
SUPPLIES
01-57500-300 OFFICE EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00
01-57500-310 OFFICE SUPPLIES 3,500 3,500 198.91 1,572.38 0.00 1,927.62 55.07
01-57500-355 SUBSCRIPTIONS 250 250 0.00 0.00 0.00 250.00 100.00
01-57500-360 BOOKS & PUBLICATIONS 300 300 0.00 63.89 0.00 236.11 78.70
01-57500-365 OFFICE PRINTING COSTS 500 500 0.00 0.00 0.00 500.00 100.00
TOTAL SUPPLIES 4,550 4,550 198.91 1,636.27 0.00 2, 913 .73 64.04
CAPITAL EXPENDITURES
01-57500-400 EQUIPMENT COSTS 5,000 5,000 0.00 658.81 0.00 4,341.19 86.82
TOTAL CAPITAL EXPENDITURES 5,000 5,000 0.00 658.81 0.00 4,341.19 86.82
DEPRECIATION & AMORT
01-57500-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL SPECIAL EVENTS 451,715 451,715 23,605.84 361,368.38 0.00 90,346.62 20.00
3-28-2008 03:11"
01 -GENERAL FUND
SIGNAGE PROGRAM
DEPARTMENTAL EXPENDITURES
BOYNTON BEACH CP-
REVENUE & EXPENDITURES REPOR lAUDITED)
AS OF: MARCH 31ST, ~_ ~
PAGE:
21
ORIGINAL
BUDGET
MONTHLY
ACTIVITY
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
AMENDED
BUDGET
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
PURCHASED/CONTRACT SERV
01-58000-200 CONTRACTUAL EXPENSE
01-58000-224 SIGN CONSTRUCTION
TOTAL PURCHASED/CONTRACT SERV
TOTAL SIGNAGE PROGRAM
0 0 0_00 0.00 0.00 0.00 0.00
85,000 10,000 0_00 177.96 0.00 9,822.04 98.22
85,000 10,000 0.00 177.96 0.00 9,822.04 98.22
85,000 10,000 0.00 177.96 0.00 9,822.04 98.22
3-28-2008 03:1F ~
01 -GENERAL FUND
HEART OF BOYNTON
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
BOYNTON BEACH CP-
REVENUE & EXPENDITURES REPOI ~AUDITED)
AS OF: MARCH 31ST, ~ d
PAGE:
22
AMENDED
BUDGET
MONTHLY
ACTIVITY
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
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
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
3-28-2008 03:1r BOYNTON BEACH 0" PAGE: 23
REVENUE & EXPENDITURES REPOF ~AUDITED)
AS OF: MARCH 31ST, 4!. _ ...d
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 1,743,114 10,000.00 43,603.63 0.00 1,699,510.37 97.50
01-58300-201 PROPERTY TAXES 350,000 178,000 0.00 43,942.56 0.00 134,057.44 75.31
TOTAL PURCHASED/CONTRACT SERV 1,453,114 1,921,114 10,000.00 87,546.19 0.00 1,833,567.81 95.44
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 1,921,114 10,000.00 87,546.19 0.00 1,833,567.81 95.44
3-28-2008 03:1"
BOYNTON BEACH Cr
REVENUE & EXPENDITURES REPOF NAUDITED)
AS OF: MARCH 31ST, ~_vd
PAGE:
24
01 -GENERAL FUND
EMPLOYEE BEBEFITS
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
PERSONNEL SERVICES
01-59000-150 COMPENSATED TIME OFF 0 0 0.00 0.00 0.00 0.00 0.00
01-59000-151 F.I.C.A. 43,379 43,379 3,032.61 19,386.25 0.00 23,992.75 55.31
01-59000-152 MEDICARE 10,145 10,145 709.24 3,048.62 0.00 7,096.38 69.95
01-59000-153 RETIREMENT PLAN 401(a) 76,927 76,927 5,473.00 13,206.00 0.00 63,721. 00 82.83
01-59000-154 WORKERS COMP INSURANCE 7,063 7,063 3,079.75 3,079.75 0.00 3,983.25 56.40
01-59000-155 HEALTH INSURANCE 51,965 51,965 221.10 23,922.91 0.00 28,042.09 53.96
01-59000-156 DENTAL INSURANCE 3,955 3,955 0.00 1,565.38 0.00 2,389.62 60.42
01-59000-157 LIFE INSURANCE 2,580 2,580 0.00 1,762.62 0.00 817.38 31.68
01-59000-158 SHORT / LONG TERM DISABIL 3,392 3,392 0.00 1,063.55 0.00 2,328.45 68.65
01-59000-159 UNEMPLOYMENT CHARGES 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00
01-59000-160 VISION INSURANCE 573 573 0.00 243.04 0.00 329.96 57.58
01-59000-161 COMPENSATED ABSENSES 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL PERSONNEL SERVICES 204,979 204,979 12,515.70 67,278.12 0.00 137,700.88 67.18
TOTAL EMPLOYEE BEBEFITS 204,979 204,979 12,515.70 67,278.12 0.00 137,700.88 67.18
3-28-2008 03:11" BOYNTON BEACH CF PAGE: 25
REVENUE & EXPENDITURES REPOR lAUDITED)
AS OF: MARCH 31ST, 2~~6
01 -GENERAL FUND
DEBT SERVICE
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
DEBT SERVICE
01-59800-810 LOAN PRINCIPAL 664,588 664,588 91,869.29 288,507.42 0.00 376,080.58 56.59
01-59800-811 BOND #1 PRINCIPAL 615,000 615,000 0.00 0.00 0.00 615,000.00 100.00
01-59800-812 BOND #2 PRINCIPAL 245,000 245,000 0.00 0.00 0.00 245,000.00 100.00
01-59800-820 LOAN INTEREST 192,953 192,953 60,549.58 94,204.40 0.00 98,748.60 51.18
01-59800-821 BOND # 1 INTEREST 771,612 771,612 0.00 0.00 0.00 771,612.00 100.00
01-59800-822 BOND #2 INTEREST 576,335 576,335 0.00 0.00 0.00 576,335.00 100.00
01-59800-823 LOAN INTEREST-TRG 0 0 0.00 0.00 0.00 0.00 0.00
01-59800-830 FINANCIAL AGENT FEES 500 500 0.00 450.00 0.00 50.00 10.00
01-59800-840 BONDING INSURANCE COSTS 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEBT SERVICE 3,065,988 3,065,988 152,418.87 383,161.82 0.00 2,682,826.18 87.50
OTHER FINANCING USES
01-59800-990 TRANS OUT TO DEBT SERVICE 0 0 673,973.75 673,973.75 0.00 673,973.75) 0.00
TOTAL OTHER FINANCING USES 0 0 673,973.75 673,973.75 0.00 673,973.75) 0.00
TOTAL DEBT SERVICE 3,065,988 3,065,988 826,392.62 1,057,135.57 0.00 2,008,852.43 65.52
3-28-2008 03:1'
BOYNTON BEACH cr
REVENUE & EXPENDITURES REPOF :l'AUDITED)
AS OF: MARCH 31ST, ~vvd
PAGE:
26
01 -GENERAL FUND
TRANSFER our
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
OTHER FINANCING USES
01-59999-990 INTERFUND TRANSFERS our
01-59999-991 TRANSFER Our-POLICE EXPEN
TOTAL OTHER FINANCING USES
o
o
o
o
o
o
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
TOTAL TRANSFER our
o
o
0.00
0.00
0.00
0.00
0.00
TOTAL EXPENDITURES
11,263,200
12,263,200
1,185,709.10
3,492,313.70
931,135.30
7,839,751.00
63.93
------------ ------------- ------------- -------------
------------ ------------- ------------- -------------
REVENUES OVER! (UNDER) EXPENDITURES
o
o (1,097,055.62) 6,973,831.01
931,135.30) ( 6,042,695.71)
0.00
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ilIi East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: April 8, 2008
I x I Consent Agenda I
Old Business I I
New Business I I
Public Hearing
Other
SUBJECT: CRA Policing District Stats for months of February and March (Info. Only)
SUMMARY: Monthly report, providing data on Crime in the CRA District:
February 2008:
· Crimes - 56
· Arrests - 19
· Calls for Service - 1458
March 2008:
. Crimes - 44
. Arrests - 13
. Calls for Services - 1506
FISCAL IMP ACT: Cost budgeted in 2007/2008 from General Fund Budget 01-53120
CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations
RECOMMENDATIONS: Info. Only
J
. a Bright
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 04 08 CRA Board Meeting - April\CRA Crime Monthly Stats 0308.doc
Boynton Beach Police Department
Year-To-Date Crime Report 2007/2008
CRA District
MARCH 2008
CRIMES
Mar-08 Mar-07 + /- Feb-08 + /- Y-T-D Y-T-D + /-
2008 2007
Criminal Homicide 0 0 0 0 0 1 1 0
Sexual Offense 0 2 -2 0 0 0 2 -2
Robberv 3 2 1 5 -2 16 9 7
Aggravated Assault 11 10 1 9 2 28 45 -17
Burglarv 9 10 -1 9 0 41 43 -2
Larcenv 18 33 -15 29 -11 87 106 -19
Auto theft 3 5 -2 4 -1 18 7 11
TOTAL 44 62 -18 56 -12 191 213 -22
ARRESTS
Mar-08 Mar-07 + /- Feb-08 + /- Y-T-D Y-T-D + /-
2008 2007
Criminal Homicide 0 0 0 1 -1 1 0 1
Sexual Offense 0 0 0 0 0 0 0 0
Robberv 3 0 3 3 0 9 0 9
Aggravated Assault 6 3 3 5 1 12 17 -5
Burglarv 1 0 1 2 -1 7 4 3
Larcenv 2 7 -5 8 -6 13 23 -10
Auto theft 1 0 1 0 1 1 0 1
TOTAL 13 10 3 19 -6 43 44 -1
CALLSFORSERvtCE
Mar-08 Mar-07 + / Feb-08 + / Y-T-D Y-T-D /
- - 2008 + -
, 2007
.-OrAl 1506 1907 -401 1458 48 4614 5103 -489
4/1/2008
\ r I.,
:~",~~~ .
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~~~_"_"-:'~ .,f:" ,
~~~<1Y~T2~leRA
iIIi East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: April 8, 2008
x I Consent Agenda I
Old Business I I
New Business I I
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:
February 29 - March 30, 2008:
. Agency: 1,213
. Trolley: 482
FISCAL IMP ACT: Cost budgeted in 2007/2008 from General Fund Budget
CRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area
(TCEA)
RECOMMENDATIONS: Info. Only
~^ fl /1 /I
}~~~0-
Margee ~ elsperger
Marketing and Communications Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 04 08 CRA Board Meeting - April\Monthly Website Stats 0308.doc
Dashboard - Google Analytics
Page 1 of2
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My Analytics Accounts: Boynton Beach CRA
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I Visitors Overview
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I Traffic Sources Overview
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1,174 35.10%
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470 (38.75%)
Search Engines
Il1ewse,,~n~JillQ
275
8.22%
https:/ /www.google.com/analytics/reporting/ dashboard?scid=243 6175
3/31/2008
Dashboard - Google Analytics
Dashboard
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Email
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Resources
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Conversion
University
Common
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\liew reJWrt
446 (36.77%)
Referring Sites
297 (24.48%)
Igrants.php
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234
7.00%
206
6.16%
176
5.26%
3/31/2008
Dashboard - Google Analytics
Page 1 of2
adelspergerm@ci.boynton-beach.fl.us I flAY AccounJ I H~IQ I Contact1J~ I
Si9ILOul
Analytics Settings View Reports: www.boyntonbeachtrolley.com
My Analytics Accounts: Boynton Beach Trolley
Dashboard
Feb 29, 2008 -
Mar 30, 2008
Comparing to: Site
! Export Email
Visits
30
...... 1'\ 30
',' ...... ,,,--.--, / \. /-
15 ./ \_./ '........../ t,.,.-"." \ / ...... \/'15
.
I Marth 3,21108
I Marth 10, 2008
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I Marth 20001
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~ 482 Vj~l~
v-~ 1,218 p~~vie~
-/'~ 2.53 pjl,g~~",i$it
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562 46.14%
Referring Sites
303 (62.86%)
Search Engines
Im~QJlh-2
449
36.86%
https://www.google.com/analytics/reporting/dashboard?id=4528711&scid=2436191 &et=r... 3/31/2008
Dashboard - Google Analytics
Dashboard
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Reports
Visitors
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Conversion
University
Common
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view re,pM
Page 2 of2
114 (23.65%) Ifaqs.p.bQ 69 5.67%
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65 (13.49%) I~QQut.phJl 51 4.19%
IC9Dt~J;t.Ql1Jl 37 3.04%
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~<tY~T2~
East Side-West S.lde-Seas'lde Rena.lssance
eRA BOARD MEETING OF: April 8, 2008
I Consent Agenda I X I Old Business
New Business
Public Hearing
Other
SUBJECT: Consideration of Second Amendment to DIFA between the CRA and Boynton Waterway
Investment Associates
SUMMARY: In April 2005 the CRA entered into a Direct Incentive Funding Agreement with
Boynton Waterway Investment Associates, the developers of The Promenade, whereby Boynton
Waterway Investment Associates would create 100 public parking spaces, affordable commercial space
and affordable residential units. The DIF A was amended in January 2007 to remove the requirement of
affordable units from the DIF A.
In December 2006 the CRA entered into a lease agreement with Boynton Waterways for the site
formerly known as the Relax Inn in the amount of $600 per month. At the time of the lease agreement,
the CRA had no ad valorem tax liability on the property. However, once a private entity was leasing the
site, the property became taxable. The tax liability to the CRA is $28,495 causing a shortfall of $21 ,295.
In order to address the financial shortfall, staff recommends that the DIP A be amended to deduct from
the amount payable to Boynton Waterways under the DIP A, the amount equal to the difference between
the rent received and the CRA's cost oftaxes and liability insurance on the property leased to Boynton
Waterways.
FISCAL IMP ACT: Approval ofthe Second Amendment to the Direct Incentive Funding
Agreement will reimburse the CRA for taxes paid on the property leased to Boynton Waterways
Investment Associates.
CRA PLAN, PROGRAM or PROJECT: The Promenade project falls within the Federal
Highway Corridor Redevelopment Plan.
RECOMMENDATIONS: Staff recommends entering into a second amendment to the DIPA with
:~~4~t~oocmtes
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\0804 08 CRA Board Meeting - April\2nd Amendment to DIFA.doc
SECOND AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT
THIS SECOND AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT
(hereinafter "Second Amendment") is entered into as of this _ day April, 2008 by and
between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public
agency created pursuant to Chapter 163, Part III of the Florida Statutes (hereinafter "CRA") with
a business address of 915 South Federal Highway, Boynton Beach, Florida 33435; and
BOYNTON WATERWAYS INVESTEMENT ASSOCIATES, LLC, a Florida limited liability
company (hereinafter referred to as the "Developer") or "Boynton Waterways", with a business
address of 155 South Miami Avenue, Penthouse 2A, Miami, Florida 33310.
RECITALS
WHEREAS, CRA and Developer entered into that certain Direct Incentive Funding
Agreement, with an effective date of April 25, 2005, as modified by that certain First Amendment
to Direct Incentive Funding Agreement dated January 9th, 2007 (collectively, the "Agreement")
concerning direct incentive funding for the project known as the Promenade; and
WHEREAS, CRA and Developer desire to modify certain terms of the Agreement on the
terms set forth herein.
NOW THEREFORE, for and in consideration of the mutual promises, covenants and
agreements herein contained and other good and valuable consideration, the receipt of which is
hereby acknowledged, it is agreed herein between the parties as follows:
Section 1. Recitals, The foregoing recitals are true and correct at the time of
the execution of this Second Amendment and are incorporated herein,
Section 2. Pled2:ed Proiect Increment Revenue. Effective May 1, 2008, the
Pledged Project Increment Revenue, as defined in the Agreement, due to the Developer in the
first year of the ten (10) year term as set forth in Section 6 of the Agreement shall be reduced by
an amount equal to the difference between the amount of rent paid by Boynton Waterways
pursuant to that certain lease agreement between CRA (as "Landlord") and Boynton Waterways
(as "Tenant") dated April_ _,2008 (the "Sales Trailer Lease") subtracted from the actual amount
of: (i) real estate taxes on the leased property; plus (ii) the insurance premiums paid by the CRA
on the leased property from the Effective Date of the Sales Trailer Lease, that is April 1, 2008
until the Sales Trailer Lease is terminated, CRA shall file a reduction in the assessed value of the
leased property and/or adjustment to the real estate tax valuation for the leased property for
calendar year 2009 and for each year thereafter until the Sales Trailer Lease is terminated. CRA
shall purchase only so much insurance as is commercially reasonable under the circumstances,
giving due consideration to any insurance purchased by Tenant. No part of any general or
umbrella policy of CRA shall be allocated to the leased property. Insurance shall be for areas of
coverage that are commercially reasonable under the circumstances. The Landlord acknowledges
that Landlord shall not insure the improvement of the sales trailer itself, this being the
responsibility of the Tenant to obtain such coverage as Tenant believes is reasonable.
Section 3. Ratification of Ai!reement. The Agreement is hereby ratified by
CRA and Developer, and except as amended herein, shall continue in full force and effect in
accordance with its original provisions, This Amendment is part of the Agreement; provided
however that in the event that there are any inconsistencies between the terms and provisions of
this Amendment and the remaining portions of the Agreement, the terms and provisions of this
Amendment shall govern, control and prevail.
Section 4. Entire Ai!reement. The Agreement as amended by this Second
Amendment embodies the complete agreement between the parties with respect to the subject
matter hereof, This Second Amendment may not be amended, supplemented or modified in
whole in part except by an instrument in writing signed by the parties.
Section 5. No Default. CRA acknowledges and agrees that there are no defaults
or breaches of the Agreement on the part of Developer and that as of the date hereof, no
circumstances or state of facts exist which for any reason would give CRA the right to pursue any
claims or any other recourse or remedy against Developer provided under the Agreement either at
law or equity. As of the date hereof, CRA agrees, acknowledges and understands that Developer
has performed all of its obligations under the Agreement, including but not limited to compliance
with Section 4.1 as to application for building permits,
Section 6. Amendment Paramount. In the event that any conflict between
the terms of the Second Amendment and the terms of the Agreement exist, the terms of the
Second Amendment shall control. Except as amended and modified herein, the remaining terms
and provisions of the Agreement shall remain in full force and effect and are affirmed as
originally set forth therein.
IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of
the date first written above,
BOYNTON W ATERW A YS INVESTMENT
ASSOCIATES, LLC. a Florida limited liability
company
By:
PANTHER BOYNTON, LLC, a
Florida limited liability company, as
managing member
Witness:
Print name:
Witness
Print name:
Daniel Sirlin, member
Date:
BOYNTON BEACH CO~ITY
REDEVELOPMENT AGENCY
Witness:
Print name:
By:
Chairperson
Witness:
Print name:
Date:
STATE OF FLORIDA
SS:
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements,
personally appeared as of
BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC, and acknowledged under
oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON
WATER WAYS INVESTMENT ASSOCIATES, LLC, for the use and purposes mentioned herein
and that the instrument is the act and deed of BOYNTON WATER WAYS INVESTMENT
ASSOCIATES, LLC, He/she IS personally known to me or has produced
as identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this _ day of , 2008.
Notary Public, State of Florida at Large
My commission expires:
STATE OF FLORIDA
SS:
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements,
personally appeared as of
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under
oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON
BEACH REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the
instrument is the act and deed of BOYNTON BEACH REDEVELOPMENT AGENCY He/she
is personally known to me or has produced as
identification,
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this _ day of ,2008,
Notary Public, State of Florida at Large
My commission expires:
eRA BOARD MEETING OF: April 8, 2008
I Consent Agenda I X I Old Business
New Business
Public Hearing
Other
SUBJECT: Consideration of Renewing Lease with Boynton Waterway Investment Associates
SUMMARY: In December 2006, the CRA entered into a lease agreement with Boynton Waterway
Associates for the site formerly known as the Relax Inn located at the southeast comer of Boynton Beach
Blvd. and Federal Highway. The lease terminates on April 30, 2008.
At the February 12,2008 Board meeting, Boynton Waterway Associates requested that the lease be
renewed at the current rate of $600 per month. They cited the slumping real estate market as the
rationale for requesting a level rent. Staff brought to the Board's attention that the rental income does
not cover the expense on the property due primarily to the real estate taxes.
Staff was directed to work with Boynton Waterway Associates to come up with a solution to cover the
gap between the rental income and the operating expenses. Staff proposed that the Board enter into a
second amendment to the Direct Incentive Funding Agreement (DIFA) with Boynton Waterway
Associates that will cover the financial gap between the rent income and the operating expenses.
Prior to approving renewal of the lease, staff recommends that the Board approve the Second
Amendment to the DIF A that states that the CRA will recoup the difference between the rental income
and the operating expenses.
FISCAL IMPACT: If the Board elects to renew the lease at the current rent level there will be a
shortfall that will be recouped if the Second Amendment to the DIFA is approved.
CRA PLAN, PROGRAM or PROJECT: The Promenade is within the Federal Highway
Corridor Redevelopment Plan.
RECOMMENDATIONS: Staff recommends approval ofthe new lease contingent upon the
approval and execution of the Second Amendment to the DIFA.
VUJ(/~
Vivian L. Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 04 08 CRA Board Meeting - April\Lease renewal Boynton Waterway. doc
LEASE
THIS LEASE ("Lease") is made as of May 1,2008 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 WATERWAYS 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 Property (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 of the terms, covenants, conditions and
provisions of this Lease, the Property, together with all appurtenant rights and easements.
1.2 Term and Lease Term 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, 2009, unless sooner terminated in accordance with the
provisions hereof. Notwithstanding the foregoing, Tenant may terminate this Lease at any time by
providing Landlord with written notice of termination at least thirty (30) days in advance of the
termination date.
Article 2:
Rent; Security Deposit and Advance Rental.
2.1 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 period,
A One-Hundred Dollar and No/I00 ($100.00) late fee shall be applied and owed to Landlord after
the five-day grace period. Checks should be made out to the Boynton Beach Community
Redevelopment Agency.
2.2 Security Deposit. Landlord acknowledges receipt from Tenant as of the date hereof of
the sum of Six Hundred and No/I00 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 of the Term, further provided that
Tenant shall have made all such payments and performed all such covenants. Upon any default by
Tenant hereunder, all or part 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 Term.
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 carry 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 occurring 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 injury and/or property damage.
3.2 Utilities. The term "Utilities" shall include, without limitation, water, gas, electricity,
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
Term, and with sufficient written notice to Landlord, to install, replace, maintain and use such
additional utility lines, conduits and facilities, 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 Property, 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 Si2na2e
4.1 Use: Alterations. Landlord acknowledges that so long as Tenant complies with all
City of Boynton Beach land use regulations, Tenant may install a temporary sales trailer on the
Property, 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 Property, 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 Article 7 ofthis Lease.
4.3 Signage. Tenant shall have the right to install signage on the exterior of its sales
trailer and anywhere on the Property 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:
Landlord'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
environmental laws relating to the use, ownership or occupancy of the Property,
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 permit the use
and operation of the Property 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 use applicable to the Property should
be changed in such a manner as to require Tenant to cease operating its intended use of the Property,
then Tenant may terminate this Lease immediately by 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 Property or any part thereof pursuant to the terms of this
Lease:
5.2.1 to permit Tenant to lawfully, peaceably and quietly have, hold, occupy and
enjoy the Property and any appurtenant rights granted to Tenant under this Lease during the Lease
Term 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 shall not exceed the statutory limits provided within Section 768.28,
Florida Statutes.
Article 6: Tenant's Affirmative and Neeative Covenants
6.1 Affirmative Covenants. Tenant covenants at all times during the Lease Term:
6.1.1 To perform all of the obligations of Tenant set forth in this Lease,
6.1.2 To comply with all 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 perform such work in a good and workmanlike manner, employing materials of good
quality; to comply with all governmental requirements; and to save Landlord harmless and
indemnified from all injury, loss, claims or damage to any person or Property occasioned by or
growing out of such work.
6.1.4 To hold harmless, 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 occurring on the Property during the Lease Term, except to the extent caused by Landlord,
its agents or employees; or (ii) breach of any of Tenant's obligations hereunder.
6.1.5 At the termination 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
undertaken at the Property by Tenant. If any such claim of lien is recorded against the Property,
Tenant shall bond against or discharge same within thirty (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 Term 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 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 this Lease. The term "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 term, 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: Damae:e and Destruction: Condemnation
7.1 Fire or Other Casualty. If during the term hereof, Tenant's improvements to the
Property shall be damaged or destroyed by fire or other casualty not caused by Tenant, Tenant shall
have the right in its sole discretion to terminate this Lease by giving notice thereof to the other party
not later than sixty (60) days after such damage or destruction. In the event of the termination 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 termination of this Lease any
portion of the Property is taken by eminent domain or conveyed in lieu thereof, the Lease Term shall,
at the option of Tenant, cease and terminate as of the day possession shall be taken by the acting
governmental 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 of taking and Tenant
shall pay Rent up to the termination 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 Tenant's
covenants and if such neglect or failure shall continue after notice, in the case of Rent or other
charges payable under this Lease for more than ten (10) days after Tenant's receipt of written notice
of such failure, or in any other case for more than thirty (30) days after Tenant's receipt of written
notice of such failure or such longer time as maybe 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 Property 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 prejudice to any remedies which might
otherwise be used for arrears 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 such repossession or
termination, and (ii) be liable to landlord for all reasonable costs actually incurred in connection with
5
the repossession and re-Ietting of the Property (including, without limitation, reasonable attorneys'
and brokerage fees, and (iii) remain liable for the payment of all its Rent payable hereunder for the
balance ofthe unexpired term 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 perform or observe any of the
representations, covenants, provisions, or conditions contained in this Lease on its part to be
performed 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
all other rights and remedies provided Tenant at law, 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 permitted under this Lease shall be in writing and shall be
deemed to have been given: (a) when delivered by reputable express mail courier service providing
confirmation of delivery (e.g. U.P.S. or Federal Express) to the address set forth below; or (b) on the
third (3rd) business day after being properly deposited in United States registered or certified mail,
return 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 (10) days prior written
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:
Goren, Cherof, Doody & Ezrol
3099 E. Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
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 compensation 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 performance of any of the terms,
provisions, covenants and conditions of this Lease and by reason thereof, the other party employs an
attorney 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 party 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 of the 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 Articles and Sections contained herein are for
convenience only and shall not be considered in construing this Lease,
9.6 No Construction Against Preparer. This Lease has been prepared by Tenant and its
professional advisors 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 of the
parties hereto and their respective heirs, personal representatives, administrators, successors and
assIgns.
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 Property or portions thereof, or to
assign 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
therefore, (iii) acts of God, governmental 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 part to be performed under this Lease, then such failure shall be excused and not be
a breach of this Lease by the party 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.
8
IN WITNESS WHEREOF, the parties have executed this instrument the day and year first above
written.
Witnesses:
LANDLORD:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
Name Printed:
By:
Its:
Date:
Name Printed:
TENANT:
Witnesses:
BOYNTON WATERWAYS
INVESTMENT ASSOCIATES, LLC,
a Florida limited liability company
Name Printed:
By: Panther Waterways, LLC, a Florida
limited liability company and its
Member
Name Printed:
By:
Its:
Date:
1:\Client Documents\Boynton Beach CRA \2419-006\Misc\Lease to Boynton Waterways Investment Assoc..DOC
9
EXHIBIT A
PROPERTY DESCRIPTION
Parcel Control Number - 08-43-45-27-02-000-0010
Lots 1 & 2, except the East 25 feet thereof, and except the West 25 feet thereof, as shown upon
the Plat entitled "Agreement Plat", showing property in the NW 1;4 of the NW 1;4 of the NW 1;4 of
Section 27, Township 45 South, Range 43 East, in the Tow of Boynton Beach, Florida, which
plat is recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in O.R. Book 10, Page 2; less right-of-way conveyed to the State of Florida, as
more particularly described in O.R. Book 564, Page 180 of the Public Records of Palm Beach
County, Florida; said lands situate, lying and being in Palm Beach County, Florida.
WPB-FSl\596114v02\052174,Ol0500
10
,
,
~~~~Y~T2~ eRA
iIi East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: April 8,2008
I Consent Agenda I X
Old Business
New Business
Public Hearing
Other
SUBJECT: Consideration of Rescinding the Special Events (Marketing Cooperative) Interlocal
Agreement (ILA)
SUMMARY: In 2006, the City and the CRA entered into an Interlocal Agreement to share the
expenses related to Special Events. The agreement commenced on October 1, 2006 and expires on
September 30,2009. The ILA obligates the City of Boynton Beach for 49% and the CRA is obligated
for 51 % of expenses for events and the salary/benefits for the Special Events Manager.
Attached is the City Manager's July 4, 2007 Budget Balancing Memo to the City Commission no longer
recommending participation in events for the City. This recommendation was based on property tax
cuts expected to significantly impact the City's Budget. The City Commission voted in support of the
City Manager's recommendation.
Due to the constitutional amendment to property tax reform, it is unlikely the City Commission would
push to reinstitute the City's 49% pledge of support for the Special Events ILA.
FISCAL IMPACT: -190,000.00
CRA PLAN, PROGRAM OR PROJECT: Visions 20/20
RECOMMENDATIONS: Rescind the Special Events Interlocal Agreement.
'~c f!ft/7/13
~~ght lj--=-
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 04 08 CRA Board Meeting - April\ILA Rescission Proposial 4-8-08.doc
MARKETING & EVENTS COOPERATIVE
BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY AND THE CITY OF BOYNTON BEACH
THIS AGREEMENT is made and entered into this _ day of , 2006,
by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY, hereinafter referred to as the "CRA," and the CITY OF BOYNTON
BEACH, hereinafter referred to as the "CITY," (collectively referred to as "the parties").
WIT N ES SET H:
WHEREAS, the CRA is a Community Redevelopment Agency created pursuant
to Florida Statute Chapter 163 and has as its purpose the redevelopment of portions of the
City of Boynton Beach located within its geographically designated redevelopment area;
and
WHEREAS, the City is a Florida municipal corporation; and
WHEREAS, the parties hereto desire to enter into a Marketing and Events
Cooperative in order to combine resources, ideas, and efforts to plan events for the CRA
and the City. The parties propose to achieve this goal through the hiring of a "Special
Events Manager."
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained the parties hereby agree as follows:
1, Term. The term of this Marketing Cooperative shall be on a fiscal year
basis commencing on October 1, 2006 and ending on September 30, 2009, unless
extended in writing by the parties,
2. Staffinl!. The parties agree that the day-to-day affairs of the Marketing
and Events Cooperative shall be administered by a staff person to be known as the
"Special Events Manager." For employment purposes, the Special Events Manager shall
be deemed to be an employee of the CRA and the CRA will be responsible for all
compensation, insurance, taxes and reporting requirements relating to their employment
except that the CITY will reimburse the CRA for its portion of the Special Events
Manager's salaries and benefits as specified below. It is understood that this shared
position shall assist both parties in administering their events regardless of the funding
source.
3. Duties and Responsibilities. The duties and responsibilities of the Special
Events Manager will generally be as follows:
. Plan, develop, coordinate and market special programs and events for the
City and CRA.
1
. Coordinate City and CRA participation in and presence at special events
citywide, including but not limited to Holiday Events (including holiday
parade, holiday tree lighting f/kIa A Season of Peace and Holiday
concert), Heritage Fest (or its successor), Oceanfront Concert Series,
Medieval Faire, Pirates of the Intracoastal, 4th of July Salute to
Independence, and/or other programs that the City or CRA deem
necessary, appropriate, desirable and consistent with the mission and
vision of the Marketing & Events Cooperative.
. Provide planning and coordination to the Events Committee, which shall
consist of representation from the City's Public Affairs office,
representation from the City's Recreation & Parks department and
representation from the CRA.
. Participate in meetings for special events, serve as a City and CRA
resource to identify and address special events needs, issues and concerns
and coordinate outreach plans to publicize and meet the needs of special
events.
. Other duties as assigned and/or defined in a complete job description.
4. Capital Contribution. The parties hereby agree to contribute to the
Marketing and Events Cooperative the following sums based on an annual salary of Fifty
Five Thousand Dollars ($55,000.00) in support of the Marketing and Events Cooperative
for the term of this Agreement:
A. CRA - The CRA agrees to contribute 51 % to the Marketing and
Events Cooperative which equates to the sum of Twenty Eight Thousand and Fifty
Dollars ($28,050.00) for the period beginning October 1, 2006 to September 30, 2008,
unless extended in writing by the parties. The CRA also agrees to contribute 51 % to the
Marketing and Events Cooperative benefits package which equates to the sum of Seven
Thousand Four Hundred Forty Three Dollars ($7,443.00) for the same period.
B. CITY - The CITY agrees to contribute 49% to the Marketing and
Events Cooperative the sum of Twenty Six Thousand Nine Hundred and Fifty Dollars
($26,950.00) for the period beginning October 1, 2006 to September 30, 2008, unless
extended by the parties in writing. The City also agrees to contribute 49% to the
Marketing and Events Cooperative benefits package which equates to the sum of Seven
Thousand One Hundred Fifty One Dollars ($7,151.00) for the same period.
C. Joint events, defined as those events sponsored by and involving
both the CITY and the CRA on an equal basis, will be shared in accordance with the
51/49 percent formulae for both expenses and revenues. Joint events are limited to the
following CITY /CRA events: The Pirates of the Intracoastal, Holiday Fest, and Heritage
Fest. All other events that are initiated by one party or the other will be the responsibility
of the initiating agency for both expenses and revenues even though such events will be
managed by the shared position described herein,
2
5, Fiscal Considerations. It is understood by the CITY and the CRA that
salary and benefits for the above described position shall be paid in full by the CRA;
whereupon, the CRA will bill the City with an itemized accounting of salary and benefits
expended on a monthly basis using the 51/49 formulae. In addition, the expenses for the
"joint events" will also be paid for by the CRA and the City will be invoiced after each
event, based on the 51/49 % formulae. It is further understood that any revenue derived
from any "joint event" shall be remitted to the CRA; whereupon, the CRA will remit to
the City its share of monies as soon as possible using the 51/49 formulae. If, prior to the
end of the fiscal year, the CRA has excess revenue that it cannot appropriate to any
events expense, it shall remit those revenues to the City where they will be held in trust.
6, Performance Review. An annual performance review will be conducted
on or before June 15th of each year this Agreement is in effect by the CITY Manager and
the CRA Executive Director, Depending on the results of the performance review, the
CITY Manager and CRA Executive Director may then recommend that the term of this
Agreement be extended beyond the term set forth herein.
7, Office Location. The Special Events Manager shall maintain an office for
the period of this Agreement at the CRA office located at 915 S. Federal Highway,
Boynton Beach, Florida.
8. Applicability of Sunshine Law. The parties hereto agree that the conduct
of the affairs of the Marketing and Events Cooperative shall be in accordance with
Chapter 286.011, Florida Statutes, governing the Sunshine Law and that the records of
the Marketing and Events Cooperative shall be deemed Public Records pursuant to
Chapter 119, Florida Statutes, and administered accordingly.
9, Governing Law. This Marketing and Events Cooperative shall be
governed by and construed in accordance with the laws of the State of Florida,
10. Severability, If any provision of this Agreement or application thereof to
any person or situation shall to any extent, be held invalid or unenforceable, the
remainder of this Agreement, and the application of such provisions to persons or
situations other than those as to which it shall have been held invalid or unenforceable
shall not be affected thereby, and shall continue in full force and effect, and be enforced
to the fullest extent permitted by law.
11. Entire Agreement. This Agreement constitutes the entire understanding
of the parties regarding the position of the Special Events Manager and any previous
agreements, whether written or oral, are hereby superseded by this Agreement. This
Agreement may be modified in accordance with paragraph 10 below.
12. Modification of Agreement. This Agreement may be modified upon
mutual consent of the parties only in writing.
13. Binding Authority. Each person signing this Agreement on behalf of
either party individually warrants that he or she has full legal power to execute this
3
Agreement on behalf of the party for whom he or she is signing, and to bind and obligate
such party with respect to all provisions contained in this Agreement.
14. Disputes. In the event of any dispute arising among the parties with
respect to the interpretation or the respective rights or obligations provided for by this
Agreement, the same shall be resolved by mediation with such mediation to be conducted
between the City Attorney and the CRA Attorney. If mediation is unsuccessful, any and
all legal actions necessary to enforce this Agreement will be conducted in Palm Beach
County, Florida. No remedy herein conferred upon any party is intended to be exclusive
of any other remedy, and each and every such remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power or remedy hereunder shall preclude any other or
further exercise thereof.
15. Interpretation. This Agreement shall not be construed more strictly against
one party than against the other merely by virtue of the fact that it may have been
prepared by counsel for one of the parties.
16. Notices. Any and all notices required or permitted to be delivered
pursuant to the terms of this Agreement shall be effective upon receipt, but in any event
no later than three (3) days after posting by U.S, Mail, certified or registered, postage
prepaid or one (1) day after delivery to an expedited courier service such as Federal
Express to the addresses listed below. Any of the parties described herein may change
their address by giving notice to all other parties set forth in this subsection.
If the CITY:
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Attention: Kurt Bressner, City Manager
With a copy to:
James A. Cherof, City Attorney
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
If the CRA:
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
Attention: Lisa A. Bright, Executive Director
With a copy to:
Kenneth G. Spillias, Esquire
Lewis, Longman & Walker, P .A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
17,
Effective Date.
This Agreement shall become effective on the date
4
last signed by the parties.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Chairman
Date:
Attested by:
Secretary
CITY OF BOYNTON BEACH
By:
Mayor
Date:
Attested by:
Secretary
I:\Client Documents\Boynton Beach CRA\2419-000\Agreements\Marketing & Events Cooperative Agreement FINAL.doc
5
Budget Balancing Memo
July 4, 2007
Summary of Memo: With the additional cuts as outlined in tills memo, the City's budget
is balanced and the General Ftlnd shows a slight surplus of $677,891. Included is an
option to restore the "Sl1opper Hopper" bus system, A total of seven full-time and three
part-time employees, those who are non-probationary would have to be either re-assigned
to new duties. or separl:l.ted.
As a supplement to the main budget memo, this report summarizes efforts to balance the
General Fund. The General Fund as shown in the budget binder reflects a deficit of
$1,176,304.
The main changes or programredtlctions were increD,lentaI, chan,ges in all departments
except that service cuts in the Police Depllrtinent ($161,256) and in the Fire IDePa.rtment
($462,155) arerecorrunended to be plliced back in the budget and are, reflected in the
positive fund bal$ce reportedof$677,981.
Personnel. Changes (See table on page ii of Budget M.,mo)
Personnel changes in the bud$et ~flect a reduction of21.14 positions. Six.montbs ago,
we began a progratn of not filling aU positions. ,Insle/id, pqsitions ~l"e reviewed on a
case-by-case basis :filling only critical skill and essential positions such as police, fire and
com.ll1unications operators. This created a situation where we have some flexibility and
the total number ofe1l1ployees that would be separated from employment is Seven full-
time $d three part-time as follows:
PART-TIME(3)
PIT OFFIOE ASSISTANT
PIT ADMIN. ASSOCIATE
PIT BUS DRIVER
FULL-TIME (7)
TfENtiI.fS PRO
RECREATION MANAGER
PLANRIEVIEW 4NAL YST
SUPERVISOR; TRANSPORTATION SERVICES
(3) BUS DRIVERS
AU ()tt1t,e.1*>sitioIll:l.djustIneIl~. were as a re~ult ofl!r{)~reyie~ ()ttl~e~~~I1~ly$is
fOfnew facilities. pt case~where we needed to ..ad.~ neW$t~fff~rlleV{ liWiliti~s ~itb.er the
empl(w~es w01.1ld be tTan~ferred or ifneweD,lpl()y~ wit!t (fi~~~n.t~~llS~ts were
neeciet\l. then the e1ll:Ployees would have to be rcootr/iin.e<1 forJl~positio1l$~ retir~ of
separate Service. The combi11ation of shifting !ler$~np.~l ~\i ~ancies leave~ sbc full-
time and three part-time employees facin~internalret()~~nor ~Ilf~on. This is out of
over 900 full-time emp,loyees. We will work with tl1eaff7cte\i ,non"p,ro~atiotu.ltY
emplQyees and assist them in relocation internally or !lSsist them in tmding suitable
1
positions externally. Also last week, in an effort to balance the budget, contain costs and
improve efficiencies in the Neighborhood Services Division of the Police Department,
the Neighborhood Services Director was moved to be the administrator of the Juvenile
Violence Reduction Program and new "Weed and Seed" program.
Building and Facility Changes
The proposed budget envisions opening of the new Library, Intracoastal Club House,
\:t ~ Center and Pool (Wilson). The budget also envisions closing City Hall in the Mall
land conversion of Madsen Center to offices for Code Compliance as follows:
~
\J..?
Library
Sims Center and Pool
Intracoastal Club House
Madsen Center
City Hall in the Mall
New and Refurbished Building
New Facility
New Facility to House Recreation Registration and
Training
Code Compliance to replace trailer
Transfer Recreation Registration to Intracoastal Park and
Utility Billing to City Hall
Budget Cuts and Changes to Balance the General Fund
As noted above, the bound budget has a deficit of $1,176,304. To get to this point, staff
made cuts totaling $2,637,347. This is attached as Exhibit A.
Subsequent to that I made additional revisions to the General Fund by making additional
cuts and restoring two cuts made in police and fire services that I was not comfortable
with.
On the next page is a recap of the final recommended budget changes to achieve a
positive balance in the General Fund.
2
General Fund Budget Work$heet
General Fund Ooeratina Expenses $ 75.396.074.00
General Fund Revenues $ 74.219.770.00
OverlUnder $ (1,176.304.000
CM's Modification!" to BudGlet to Balance Runnina Total
Transfer Add Back CIP Tran$fer of PUblic Service Debt $ - $ 1.176.304,00
Police Add Back 3 Sworn Police perSonnel .Deferred $ (161 .256.00) $ 1.337.560,00
Fire Add Back Rescue #5 Personnel (Deferred) $ (452.155.06) $ {1,769.715.00
Fire Add Back Rescue #5 Fltlet Maintenance Costs $ (10.000.0m $ (1 ,7S9.715.00
Police Eliminate 3 of4 PO Un-Marked Units $ 72.000.00 $ 1 ,727.715.Q().
Org Dev EIiMln;ate Ad(llti()nal 00 Ca~erDe\lelopment Classes $ 27.000.00 $ 1,700,715.00
Buildng 1211ll1lllat$. OrieAcldl13uildiria IflsD, by. Attrition 112 yr. $ - $ 1,700.715.()(j
City Hall Elimlnat~ Re$t of 8oJld,av BPnusYSO% cut alreadv) $ 32 606.00 $ 1.$$8.109.0C;)
City Comm Elirninate Board R$xlClnltlon'Dlnner $ 12.000.00 $ 1,6~.109.00
City Comm St~tEtaiGP(an ImDlemelit8.tililn, - Reduce bll 1Q% $ 12;500.()() $ 1.643.609.00
City Comm F~deral LobbYist Sel'lllce' -eliminate .1vr otCRA Pavs $ 30.000:00 $ 1.613i6Q9;GQ
Police NalahServ- Director to YVRP - Salarv $ 65.000.00 $ 1.548.609.QO
Police Neil1h$etv- Dl~ctorto YVRP- Benefits $ 4.$OQ.00 $ (1,5+4,10~Hi)O '
Police Ne/dhbtlthoo(l<3r:antPtQI1l"1:1ll1 "Ful'lQuah 2 \irS. $ 10000.0.00 $ (1 444.10Q.OO'
City Mar Pub Aft$its-ElinjihatePrint$dRe$ld~nt Guide $ 1(),OOO.QO $ (1,~o1()$.OO
HR Eliminate ServiC$ AWard Dinner $ 12,000,00 $ (1,422,109.()!) .
Revenue lIndT"'r'I$fer Items
Revenue 10% utilitvTax 1/2 Year $ 45QjOOO.OO $ (972,1oo.00)
Revenue FUndal:l.lan~ MatCh for 112 yr Utilitv Tax $ 450.CJPO.QO $ (522, 1 09J)O)
TranSfer DeterFI~t Plan TranSfer from General Fund $ 1.200.000.00 $ 677.891 .00
Option Add Shol)oer HOI)Der Back In Budaet $ {225OQ(lOO\ $ 452.891 .00
Recommendation for 10% Utility Tax
In the past, staff has recommended imposition of a 10% Utility Tax. The total estimated
revenue is $900,000 but for the first year there is a 6-month notification period.
Therefore, the fund shows $450,000 from the utility tax and $450,000 from the un-
obligated fund balance. The second year of the program, the revenue would be 100%
from the utility tax and the fund balance appropriation is not needed. The chart below
shows the llnpact on various rate payers based on water consumption. The water cost
includes a projected 10% increase in rates effective bctober 1,2007.
3
Water Usel Water Utility Water Usel Water Utility
MQ.Qtb. ~ Tax Month QQi! Tax
2,000 $ 4.73 $ 0.47 27,000 $ 63.86 $ 6.39
3,000 $ 7.10 $ 0.71 28,000 $ 66.22 $ 6.62
4,000 $ 9,46 $ 0.95 29,000 $ 68.59 $ 6.86
5,000 $ 11.83 $ 1.18 30,000 $ 70,95 $ 7.10
6,000 $ 14.19 $ 1.42 31,000 $ 73.32 $ 7.33
7,000 $ 16.56 $ 1.66 32,000 $ 75.68 $ 7.57
8,000 $ 18.92 $ 1.89 33,000 $ 78,05 $ 7.80
9,000 $ 21,29 $ 2.13 34,000 $ 80.41 $ 8.04
10,000 $ 23.65 $ 2.37 35,000 $ 82.78 $ 8.28
11,000 $ 26.02 $ 2.60 36,000 $ 85.14 $ 8.51
12,000 $ 28.38 $ 2.84 37,000 $ 87.51 $ 8,75
13,000 $ 30.75 $ 3,07 38,000 $ 89,87 $ 8,99
14,000 $ 33.11 $ 3.31 39,000 $ 92.24 $ 9.22
15,000 $ 35.48 $ 3.55 40,000 $ 94,60 $ 9.46
16,000 $ 37,84 $ 3,78 41,000 $ 96.97 $ 9,70
17,000 $ 40.21 $ 4.02 42,000 $ 99.33 $ 9.93
18,000 $ 42.57 $ 4.26 43,000 $ 101.70 $ 10.17
19,000 $ 44,94 $ 4,49 44;000 $ 104,06 $ 10.41
20,000 $ 47.30 $ 4.73 45,000 $ 106.43 $ 10.64
21,000 $ 49.67 $ 4.97 46,000 $ 108.79 $ 10.88
22,000 $ 52.03 $ 5.20 47,000 $ 111.16 $ 11.12
23,000 $ 54.40 $ 5,44 48,000 $ 113.52 $ 11.35
24,000 $ 56.76 $ 5.68 49,000 $ 115.89 $ 11.59
25,000 $ 59,13 $ 5.91 50,000 $ 118.25 $ 11.83
26,000 $ 61,49 $ 6.15
Shopper Hopper
The proposed budget shows the General Fund receiving $225,000 in Local Option Gas
Tax funds. In previous years, this revenue was used to subsidize the "Shopper Hopper"
Bus system. The bus system has a loyal but very small clientele.
Transportation Services for the City of Boynton Beach began in 1994 after entering into
agreement with the Palm Beach County Board of County Commissioners to lease four
buses to operate fixed routes within the city limits of Boynton Beach.
After four years of fixed route operation and performance monitoring, the division made
a decision to change from fixed route to specialized service. We became known as the
"Shopper Hopper'l, at which time we offered door to door service to the citizens of
Boynton Beach for grocery shopping at the Publix and Winn Dixie stores as well as
general shopping at the mall, Tatget and Wal-Mart.
In addition to our present fleet of five Shopper Hopper buses that are leased from the
County, the City has purchased two buses that are used primarily for the cities after-
school programs, special events and shuttles.
Staff - 1 FT Supervisor, 3 FT Drivers, 1 PT Driver
Operating Budget - $26Q,000/approximately
Schetiule - Six (6) Days/Week - Monday - Saturday
4
Pare - $1.00/passenger each way - .50 Cents each way for seniors 60 and over
Revenue
FY 2005-06
FY 2004-05
FY 2003-04
FY 2002-03
$10,262
$11,431
$14,280
$12,560
Annual Riders
Shopper Hopper
Special EventsIField Trips
16,300
9,500
The "Shopper Hopper" service is duplicative, in part, to alternative transportation
options:
PALM TRAM (public Bus System)
Cash Per Trip
Regular Pare $1.25 each way
Reduced Pare $ .60 each way
Daily Rate Regular Pare $3.00 Unlimited Transfers
Daily Rate Reduced Pare $2.00 Unlimited Transfers
Monthly Pass Regular Pare $50.00
Por 31 consecutive days (unlimited rides)
Monthly Pass Reduced Pare $35.00
For 31 consecutive days (unlimited rides)
""'Reduced fare" is for passengers 21 and under, 65 and older, or permanently disabled
PALM TRA.N CONNECTION (Must qualify for this service; ex: Seniors, Disabled,
etc...)
Cash Per Trip Regular Fare $2.50 each way
MAE VOLEN SENIOR SERVICES
Cash Per Trip $2.00 each way (within the same city)
Cash Per Trip $3.00 each way (one City away)
5
Cash Per Trip $4.00 each way (two Cities away)
Cash Per Trip $5.00 each way (three Cities away) *Maximum distance traveled
Beginning last year, Recreation Specialists and Supervisors have been required to attain
appropriate licensing that would allow them to drive our new bus and the used school bus
we purchased in 2001. Consequently, although this will impact programming since while
driving a bus staff is not able to supervise an activity, we will still be able to provide
some transportation to those participating in programs such as senior center activities,
summer camps and after school recreation.
Restoration of the "Shopper Hopper" would have two impacts:
1. The General Fund balance would go from a surplus of $677,891 to $452,891.
2. The number of current employees impacted from the budget would go down from
7 full~time and 3 part-time to 3 full"-time and 2 part-time. (These are filled
positions that would be vacated on October 1,2007 or sooner.)
> City Participation with CRA on Sp~cial Events
The proposed budget cut the City's share of special events originally proposed at
$190,000. $150,000 was budgeted for events and $40,000 was for cost-sharing of the
events coordinator.
Impact of Budget on Current Collective Bargaining Discussions
The City is in the process of negotiating a new labor contract for police personnel (PBA)
and the blue-collar employees (NCF~O). The funds for labor agreement benefits over
and above current wage and benefits could not be included in the budget. Any additional
costs will need to come frolll additional cuts, additional revenues or fund balance
appropriation.
Impact of Cost-Participation with Developer of Martin Luther King Boulevard
While the City Commission has ceased negotiations with a developer for the MLK
corridor, the budget does not include any subsidies or incentives for this project. Any
funds would need to come from the CRA. or if the City is to be engaged in financial
support, we will need to adjust capital construction projects. Given the property tax
restrictions, there are no operating fu.nds from the General Fund to pay for subsidies or
incentives.
Respectfully submitted,
Kurt Bressner
City Manager
6
~~~Y~T2~ eRA
iIIIi East Side-West Side-Seas.,de Renaissance
eRA BOARD MEETING OF: April 8, 2008
I Consent Agenda I
Old Business I X I
New Business
Public Hearing
Other
SUBJECT: Consideration of Lease Renewal with Jesus House of Worship
SUMMARY: In March 2007, the CRA negotiated a settlement to purchase the property located at
1000 N. Seacrest Boulevard from the Jesus House of Worship, Inc. At the time of mediation, the
building was utilized as a church. The settlement agreement authorized Jesus House of Worship to
remain in the building as tenant with a one year lease at a rate of $10 annually and with any future lease
renewals at the sole discretion ofthe CRA Board.
CRA staff reviewed various redevelopment scenarios with The Auburn Group, the CRA Board approved
developer, and determined this property (see attached map) places the parcel in Phase I of the
redevelopment project. The earliest Phase 1 redevelopment will most likely begin actual construction is
sometime after January 2010. The redevelopment of the MLK Corridor constrains the possibility of
entering into a longer term lease at market rate for this property.
CRA staff does not recommend a rental increase; thereby, increasing property tax liability to the CRA
similar to the significant increase assessed at the old Relax Inn site with Boynton Waterways for their
construction trailers. Additionally, continued occupancy of the church provides the community with eyes
and ears for neighborhood crime watch initiatives.
FISCAL IMPACT: None.
CRA PLAN, PROGRAM or PROJECT: Heart of Boynton Redevelopment Plan
RECOMMENDATIONS: Approval of the Lease Renewal with Jesus House of Worship for the
property located at 1000 N. Seacrest Boulevard.
~)
/" ,/
, (- '-'.,}-'
'. rz' (-/}-) (~ l
'Lisa A. Bright ,_/
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 04 08 CRA Board Meeting - April\Lease renewal for Jesus House of Worship.doc
COMMERCIAL LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this 8th day of April, 2008, by and between
the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY whose address is 915
South Federal Highway, Boynton Beach, Florida 33435, (hereinafter referred to as "Landlord"), and
JESUS HOUSE OF WORSHIP, INC., whose address is 1000 N. Seacrest Boulevard, Boynton
Beach, FL 33435 referred to as (Tenant"),
ARTICLE I - GRANT OF LEASE
Landlord, in consideration of the rents to be paid and the covenantsan~l agreements to be performed
and observed by the Tenant, does hereby lease to the Tenant aIld the Tel),cmt does hereby lease and
take from the Landlord the property described in Exhibit "A" attached heret()(:llld by reference made
a part hereof (the "Leased Premises "), together with, as part of the parcel, a.llit-nprovements located
thereon.
ARTICLE II - LEASE TERM
Section 1. Total Term of Lease. The term of this Lease shallb~n on the commencement date, set
forth above, and shall terminate on March 31, 2009.
Section 2. Commencement Date. The "Conunen~~p.t Date" shall mean the date on which the
Tenant shall commence to conduct business on the Le~Premised, so long as such date is not in
excess of thirty (30) days subsequent to execution hereof.
ARTICLE III - DETERMINATION OF RENT
The Tenant agrees to payth~I-andlgfP and the Landlord agrees to accept monthly rent in the
amount of Ten Dollars ($10.00) per IRonth, payable in advance upon execution of this Agreement.
ARTICLE tv - TAXES
While it is recognized Tenatltis a tax exempt entity, any and all personal or property taxes, and any
and all asses~1U.ents (be they ordinary or extraordinary) shall be the responsibility of Tenant during
the term of the Ll'taSe.
ARTICLE V - UTILITIES
Tenant shall pay for all utilities, including, without limitation, water, sanitation, sewer, electricity,
light, heat, gas, power, fuel, janitorial, and other services incident to Tenant's use of the Leased
Premises, whether or not the cost thereof be a charge or imposition against the Leased Premises.
ARTICLE VI - OBLIGATIONS FOR REPAIRS
The Tenant shall be solely responsible for the repair and maintenance of the Leased Premises,
COMMERCIAL LEASE AGREEMENT
Page 2 of7
ARTICLE VII - TENANT'S COVENANTS
Tenant covenants and agrees to procure any licenses and permits required for any use made of the
Leased Premises by Tenant, and upon the expiration or termination of this Lease, to remove its
goods and effects and those of all persons claiming under it, and to yield up peaceably to Landlord
the Leased Premises in good order, repair and condition in all respect~;excepting only damage by
fire and casualty covered by Tenant's insurance coverage, and reasonj:lble wear and tear.
ARTICLE VIII - INDEMNITY BY TENANT
The Tenant shall save and hold Landlord harmless and indenmify Landlord(j:()m all injury, loss,
claims or damage to any person or property while 0.11 the Leased Premises, fu1I.~ss caused by the
willful acts or omissions or gross negligence of PaP.dlord, its employee, agel)~ licensees or
contractors. Tenant shall maintain, with respect to the ~ased Pr~ises, public liability insurance
with limits of not less than one million dollars for injury or death from one accident and
$250,000.00 property damage insurance, insuring Landlord and Tenant against injury to persons or
damage to property on or about the Leas~d Premises. A copy Of the policy or a certificate of
insurance shall be delivered to Landlord ol1()r pefore the commen.~~ent date and no such policy
shall be cancelable without ten (10) days prior writt.enll0tice to LandlQrd.
ARTICLE IX- USE OF PROPERTY BY TENANT
Section 1. Use, The L~~ed Prenii~~s may be occupied and used by Tenant exclusively as a church,
to be known as Jeslils'f.i()use of Worship. Nothing herein shall give Tenant the right to use the
property for any other pu:tJ?pse or t{) sublease, assign, or license the use of the property to any
sublessee, assignee, or licen.se~, which or who shall use the property for any other use.
ARTICLE X - INSURANCE
Section 1. 4l,surance Proceeds~In the event of any damage to or destruction of the Leased Premises,
Tenant shat1~just the loss a1\~settle all claims with the insurance companies issuing such policies.
The parties hereiR, do irrevoca~'y assign the proceeds from such insurance policies for the purposes
hereinafter statedtp any ins~ti.1tional first mortgagee or to Landlord and Tenant jointly, if no
institutional first mO~~li~~e then holds an interest in the Leased Premises. All proceeds of said
insurance shall be paidi.p.to a trust fund under the control of any institutional first mortgagee, or of
Landlord and Tenant if no institutional first mortgagee then holds an interest in the Leased
Premises, for repair, restoration, rebuilding or replacement, or any combination thereof, of the
Leased Premises or of the improvements in the Leased Premises or equitably allocate the proceeds
as the Parties may otherwise agree to in writing.
ARTICLE XI - CONDEMNATION
If, after the execution of this Lease and prior to the expiration of the term hereof, the whole of
COMMERCIAL LEASE AGREEMENT
Page 3 of7
the Leased Premises shall be taken under power of eminent domain by any public or private
authority, or conveyed by Landlord to said authority in lieu of such taking, then this Lease and the
term hereof shall cease and terminate as of the date when possession of the Leased Premises shall
be taken by the taking authority and any unearned rent or other charges, if any, paid in advance,
shall be refunded to Tenant.
ARTICLE XII - DEFAULT
Section 1. LANDLORD'S Remedies. In the event that:
1. Tenant shall be in default of any provision of this Lease; or
11. Tenant has caused a lien to be filed against the Landlord's property and$aid lien is not
removed within thirty (30) days ofrecordlltion thereof.
Landlord shall be entitled to:
1. Terminate this Lease by giving Tenant notice of tetl:11iJ}ation, in which event this Lease
shall expire and terminate on the ~te specified in SucbJ:lotice of termination, with the
same force and effect as though the da~ so specified w41"e the date herein originally
fixed as the termination date of the term oftl:1i$~a.se, and all rights of Tenant under this
Lease and in and to the Premises shall expire and tetminate , and Tenant shall remain
liable for all o1>,!igatj.&J;ls under this Lease arising up to the date of such termination, and
Tenant shaU~urrendertb,.e Premises to Landlord on the date specified in such notice; or
11. ii. Terminate)his Leas:~ as provided herein and recover from Tenant all damages
Landlord mayili.~\.lf by re~~on of Tenant '!tdefault; or
111. Pursue such other~edies as are available at law or equity.
ARTICLE XIII - QutETENJOY'MENT
Landlord covenants and agi~ that upon Tenant paying the rent and observing and performing all
of the terms ~.covenants andC(.jnditions on Tenant's part to be observed and performed hereunder,
that Tenant may peaceably ari.d quietly have, hold , occupy and enjoy the Leased Premises in
accordance with tb.~, terms of this Lease without hindrance or molestation from Landlord or any
persons lawfully cl~iJJg through Landlord,
ARTICLE XIV - PROPERTY DAMAGE
Notwithstanding any contrary provisions of this Lease, Landlord shall not be responsible for any
loss of or damage to property of Tenant or of others located on the Leased Premises, except where
caused by the willful act or omission or negligence of Landlord, or Landlord's agents, employees or
contractors,
COMMERCIAL LEASE AGREEMENT
Page 4 of7
ARTICLE XV - NOTICES
All notices and other communications authorized or required hereunder shall be in writing and shall
be given by mailing the same by certified mail, return receipt requested, postage prepaid, any such
notice or other communication shall be deemed to have been given when received by the party to
whom such notice or other communication shall be addressed. If inte)l(led for Landlord the same
will be mailed to the address herein above set forth or such other ad4r~ss as Landlord may hereafter
designate by notice to Tenant, and if intended for Tenant, the same$lt~l be mailed to Tenant at the
address herein above set forth, or such other address or addresses as Tefi@..t may hereafter designate
by notice to Landlord.
ARTICLE XVI - MISCELLANEOUS
Section 1. Assignment and Subletting. Tenant shall not assignor sublet the Leased Premises
without the prior written consent of Landlord, which may be withheld in Landlord's sole and
absolute discretion.
Section 2. Fixtures. All personal property, 1'Utqi~hings and equiprrt~pt presently and all other trade
fixtures installed in or hereafter by or at th:e(!)~pense of Tel1iUit and all additions and/or
improvements, exclusive of structural , mechanical, eleetripal, and plumbing, affixed to the Leased
Premises and used in the operation of the Tenant's business mac:ie to, in or on the Leased Premises
by and at the expense of T~:O~tand susceptible of being removed from the Leased Premises
without damage, unlessstlch dama~ebe repaired by Tenant, shall remain the property of Tenant and
Tenant may, but shall h<>tbe oblig~ to, remove the same or any part thereof at any time or times
during the term hereof, pt9'yi,ded tl1~t Tenant, at its sole cost and expense, shall make any repairs
occasioned by such removal.
Section 3. Invalidity QfP#J:"t:.icular Pt()vision. If any term or provision ofthis Lease or the application
hereof ~oany person or *~stancesha1l, to any extent, be held invalid or unenforceable, the
remainder Qf this Lease, ortlj;e application of such term or provision to persons or circumstances
other than those as to whichi~.is held invalid or unenforceable, shall not be affected thereby, and
each term and pr.ovision of this Lease shall be valid and be enforced to the fullest extent permitted
bylaw.
Section 4. Captions an4 [)efinitions of Parties. The captions of the Sections of this Lease are for
convenience only and are not a part of this Lease and do not in any way limit or amplify the terms
and provisions of this Lease. The word "Landlord" and the pronouns referring thereto, shall mean,
where the context so admits or requires, the persons, firm or corporation named herein as Landlord
or the mortgagee in possession at any time, of the land and building comprising the Leased
premises. If there is more than one Landlord, the covenants of Landlord shall be the joint and
several obligations of each of them, and if Landlord is a partnership, the covenants of Landlord
shall be the joint and several obligations of each of the partners and the obligations of the firm. Any
pronoun shall be read in the singular or plural and in such gender as the context may require. Except
COMMERCIAL LEASE AGREEMENT
Page 5 of7
as in this Lease otherwise provided, the terms and provisions of this Lease shall be binding upon
and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing
contained herein shall be deemed or construed by the parties hereto nor by any third party as
creating the relationship of principal and agent or of partnership or of a joint venture between the
parties hereto, it being understood and agreed that neither any provision contained herein, nor any
acts of the parties hereto, shall be deemed to create any relationship betw-een the parties hereto other
than the relationship of Landlord and Tenant.
Section 5, Brokerage. No party has acted as, by or through a broker in, the effectuation of this
Agreement.
Section 6. Entire Agreement. This instrument contains the entire and only a~ent between the
parties, and no oral statements or representations or prior written matter not cOiltained in this
instrument shall have any force and effect. This Lease shall not be modified in any way except by a
writing executed by both parties.
Section 7. Governing Law. All matters pertaining to this agreeDient (including its interpretation,
application, validity, performance and breach) in whatever jurisdiction action may be brought, shall
be governed by, construed and enforced in accordap,ge with the law~of the State of Florida. The
parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a
court of subject matter jurisdiction located in Palm 2each Colifity~ State of Florida. In the event that
litigation results from or~$e$o\lt, of this Agreement or the performance thereof, the parties agree
to reimburse the prevaj.ljng partyisreasonable attorney's fees, court costs, and all other expenses,
whether or not taxaple~M,;"',th,,, e court as, costs, in addition to any other relief to which the prevailing
party may be entitled. Ili~~~h eVet)t? no action shall be entertained by said court or any court of
competent jurlsdiftion if fil~P:1oretli~ OIleyear subsequent to the date the cause(s) of action
actually accruedre~l~ss of whether damages were otherwise as of said time calculable.
Section 8. Contractual Pt"~dures. Ui,lless specifically disallowed by law, should litigation arise
hereunder, service of proc~$ therefore may be obtained through certified mail, return receipt
requested; the parties hereto Waiving any and all rights they may have to object to the method by
which servicew;i.s perfected.
Section 9 Extraordi~ reIIledies. To the extent cognizable at law, the parties hereto, in the event
of breach and in addItion to any and all other remedies available thereto , may obtain injunctive
relief, regardless of whether the injured party can demonstrate that no adequate remedy exists at
law,
COMMERCIAL LEASE AGREEMENT
Page 6 of7
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above
written or have caused this Lease to be executed by their respective officers thereunto duly
authorized.
Signed, sealed and delivered in the presence of:
BOYNTON BEACH COMMUNITY
REDEVELPOMENT AGENCY
("LANDLORD")
JESUS HOUSE ()F WORSHIP ("TENANT")
By:
By:
Its:
Its:
WITNESSES:
WITNESSES:
Please Prillt Name
Please Print Name
STATE OF FLORIDA
COUNTY OFPAt~,.i.e:ACH
The foregOing instru1ll~tw ackn()wl~ged before me on this day of by
, " ofthe BOYNTON BEACH COMMUNITY
REDEVE)::"POMENT AGENGiY who is t ] personally known to me or [ ] has produced
as identification,
Signature of Persori'F1lking Acknowledgement
Name Typed, Printed or Stamped
COMMERCIAL LEASE AGREEMENT
Page 7 of7
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument w acknowledged before me on this day of by
ofthe JESUS HOUSE OF WORSHIP who is [ ]
personally known to me or [ ] has produced as identification.
Signature of Person Taking Acknowledgement
Name Typed, Printed or Stamped
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~~~<tY~T2~ eRA
. East Side-West SIde-Seaside Rena.,ssance
eRA BOARD MEETING OF: April 8, 2008
I Consent Agenda I I Old Business I X I
New Business I I
Public Hearing I I
Other
SUBJECT: Consideration of Purchase Agreement with Gregory and Kerry Lowe-Burke for the
property located at 114 NE 5th Avenue in the amount of $225,000.00.
SUMMARY: During Fiscal Year 2006-2007, the CRA Board approved the acquisition often (10)
parcels on NE 4th and 5th Avenue, between N. Seacrest Boulevard and NE 15t Street in the Heart of
Boynton neighborhood area (see the attached map). These properties combined for approximately 2.5
acres of the 5.5 acre block. The Boynton Beach Faith Based CDC owns an adjacent 1 acre +/- parcel of
land and is interested in partnering with a for-profit developer to develop their site in conjunction with
the CRA parcels.
Staff has been presented with the opportunity to purchase the Burke property at 114 NE 5th Avenue. The
property currently consists of a small single family residence situated on a 65ft x 85ft lot. This parcel is
the sole remaining residential property at the west end of NE 5th A venue and Seacrest Boulevard. The
acquisition of this property will allow for additional affordable units as well as a more suitable project
design along NE 5th Avenue.
The Purchase Agreement provides the CRA a feasibility period to perform any and all considerations,
inspections and analysis including an appraisal.
FISCAL IMPACT: Funds are available in line item 58300-200
CRA PLAN, PROGRAM or PROJECT: CRA Redevelopment Plan and the Heart of Boynton
Redevelopment Plan
RECOMMENDATIONS: Approve the Purchase Agreement between the CRA and Gregory &
Kerry Lowe-Burke for 114 NE 5th Avenue in the amount of $225,000.00.
//) ,( /7 _//
I ..J!U 4 / 2f!:- ~
Vivian ooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 04 08 CRA Board Meeting - April\Burke Purchase Agreement.doc2007 -08 Board meetings\ April-08-08
PURCHASE AGREEMENT
Page 1 of 11
PURCHASE AGREEMENT
This Purchase Agreement (hereinafter "Agreement") is made and entered into as of the
Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the
Florida Statutes (hereinafter "CRA") and GREGORY BURKE and KERRY LOWE-BURKE, A
MARRIED COUPLE, (hereinafter "SELLER").
In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as
follows:
1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to CRA
and CRA agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set
forth, the Properties located in Palm Beach County, Florida (the "Properties") and more particularly
described as follows:
Parcel Number:
114 NE 5TH Avenue, Boynton Beach, FL 33435
LOT I, in BLOCK 1, of SUNNY SIDE ESTATES
according to the PLAT thereof as recorded in PLAT
BOOK 26, PAGE 16 of the Public Records of Palm
Beach County, Florida
08-43-45-21-28-001-0010
Address:
Legal Description:
2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the
Property shall be Two Hundred Thousand Twenty Five and No Dollars ($225,000.00), payable in
cash, by wire transfer of United States Dollars at the Closing.
3, DEPOSIT.
3.1 Earnest Money Deposit. Within five (5) Business Days after the Effective
Date, Purchaser shall deliver to Goren, Cherof, Doody & Ezrol, P.A.("Escrow Agent") a deposit in
the amount of One Thousand Dollars ($1,000.00) Dollars (the "Deposit").
3.2 Application/Disbursement of Deposit. The Deposit shall be applied and
disbursed as follows:
The Deposit shall be delivered to SELLER at Closing and the CRA shall receive credit for such
amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period
(hereinafter defined) for any reason, the Deposit shall be immediately refunded to the CRA. If this
Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to
(or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party shall have such
additional rights, if any, as are provided in Section 12.
3.3 Escrow Agent. CRA and SELLER authorize Escrow Agent to receive,
deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization
and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow
1
PURCHASE AGREEMENT
Page 2 of 11
Agent will not be liable to any person for misdelivery of escrowed items to CRA and SELLER,
unless the misdelivery is due to Escrow Agent's willful breach of this Agreement or gross
negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay
the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be
paid from the escrowed funds which are charged and awarded as court costs in favor of the
prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent
consents to arbitrate.
4. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS: EFFECTIVE
DATE. If this Agreement is not executed by and delivered to all parties on or before April 9, 2008,
the Deposit will, at CRA's option, be returned and this offer shall be deemed withdrawn. Unless
otherwise stated, the time for acceptance of any counteroffers shall be five (5) days from the date
the counteroffer is delivered. The date of this Agreement (the "Effective Date") shall be the date
when the last one of the CRA and SELLER has signed or initialed this offer or the final
counteroffer.
5. CLOSING. The purchase and sale transaction contemplated herein shall close on or
before May 15,2008 (the "Closing"), unless extended by other provisions of this Agreement or by
written agreement, signed by both parties, extending the Closing.
6, TITLE TO BE CONVEYED. At Closing, SELLER shall convey to CRA, by
Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined),
valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all
liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except
only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and
special assessments for the year of Closing and subsequent years not yet due and payable; (b)
covenants, conditions, easements, dedications, rights-of-way and matters of record included on the
Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to object, or
which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof.
7. FEASIBILITY PERIOD. CRA, and CRA's agents, employees, designees,
Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively,
"Agents") shall have fifteen (15) Business Days from the Effective Date of this Agreement
("Feasibility Period"), at CRA's expense, to make inquiries of, and meet with members of
Governmental Authorities regarding the Property and to enter upon the Property, at any time and
from time to time with reasonable notice to SELLER and so long as said investigations do not result
in a business interruption, to perform any and all physical tests, inspections, valuation appraisals
and investigations of the Property, including but not limited to Phase I and Phase II investigations,
which CRA may deem necessary. During this Feasibility Period, CRA may elect, in CRA's sole
and absolute discretion, to terminate this contract and receive back all Deposits hereunder. If CRA
elects to terminate this Agreement in accordance with this Section, CRA shall: (i) leave the Property
in substantially the condition existing on the Effective Date, subject to such disturbance as was
reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent
practicable, shall repair and restore any damage caused to the Property by CRA's testing and
investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a
result of the CRA's testing and investigation. CRA hereby agrees to indemnify and hold SELLER
harmless from and against all claims, losses, expenses, demands and liabilities, including, but not
2
PURCHASE AGREEMENT
Page 3 of 11
limited to, attorney's fees, for nonpayment for services rendered to CRA (including, without
limitation, any construction liens resulting therefrom) or for damage to persons or property (subject
to the limitation on practicability provided above) arising out of CRA's investigation of the
Property. However, CRA's indemnification obligations shall not exceed its statutory limits as
provided within Section 768.28, Florida Statutes, and CRA does not waive its sovereign immunity
rights. SELLER hereby agrees to indemnify and hold CRA harmless from and against all claims,
losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for
nonpayment for services rendered to SELLER or for damage to persons or property (subject to the
limitation on practicability provided above) arising out of CRA's investigation of the Property.
SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this
Agreement.
7.1 Seller's Documents: SELLER shall deliver to CRA the following documents
and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports
or studies (including environmental, engineering, surveys, soil borings and other physical reports) in
SELLER' possession or control with respect to the physical condition of the Property, if any.
7,2 Title Review. Within fifteen (15) days of the Effective Date, CRA shall
obtain, at the CRA's expense, from a Title Company chosen by CRA (hereinafter "Title
Company"), a Title Commitment covering the Property and proposing to insure CRA in the amount
of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible
copies of all instruments identified as conditions or exceptions in Schedule B of the Title
Commitment. CRA shall examine the Title Commitment and deliver written notice to SELLER no
later than twenty (20) days after the Effective Date notifying SELLER of any objections CRA has
to the condition of title (hereinafter "CRA Title Objections"), If CRA fails to deliver the CRA Title
Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to
the conditions set forth in the Title Commitment. If CRA timely delivers the CRA Title Objections,
then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary
activities to cure and remove the CRA Title Objections (hereinafter "Cure Period"). In the event
that SELLER is unable to cure and remove, or cause to be cured and removed, the CRA Title
Objections within the Cure Period, to the satisfaction of CRA, then CRA, in CRA's sole and
absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one
additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing
or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to
CRA and the Parties shall have no further obligations or liability hereunder, except for those
expressly provided herein to survive termination of this Agreement.
Prior to the Closing, CRA shall have the right to cause the Title Company to issue an
updated Title Commitment ("Title Update") covering the Property. If any Title Update contains
any conditions which did not appear in the Title Commitment, and such items render title
unmarketable, CRA shall have the right to object to such new or different conditions in writing prior
to Closing. All rights and objections of the Parties with respect to objections arising from the Title
Update shall be the same as objections to items appearing in the Title Commitment, subject to the
provisions of this Section.
7.3, Survey Review. CRA, at CRA's expense, may obtain a current boundary
survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the
3
PURCHASE AGREEMENT
Page 4 of 11
nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that
improvements located thereon encroach on setback lines, easements, lands of others or violate any
restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall
constitute a title defect and shall be governed by the provisions of Section 7.3 concerning title
objections.
8. CONDITIONS TO CLOSING. CRA shall not be obligated to close on the purchase
of the Property unless each of the following conditions (collectively, the "Conditions to Closing")
are either fulfilled or waived by CRA in writing:
8.1. Representations and Warranties. All of the representations and warranties
of SELLER contained in this Agreement shall be true and correct as of Closing.
8.2. Condition of Property. The physical condition of the Property shall be the
same on the date of Closing as on the Effective Date, excluding washing machine, with reasonable
wear and tear excepted.
8.3. Pending Proceedings. At Closing, there shall be no litigation or
administrative agency or other governmental proceeding of any kind whatsoever, pending or
threatened, which has not been disclosed, prior to closing, and accepted by CRA,
8.4. Compliance with Laws and Regulations. The Property shall be in
compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes,
requirements, licenses, permits and authorizations as of the date of Closing.
8.5. Occupancy. The property shall be conveyed to the CRA at time of closing
unoccupied. The SELLER hereby warrants that the current tenants are on a month-to-month basis,
were given proper notice to vacate and there are no leases on the property.
9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the
Closing Documents set forth in this Section, except for documents prepared by the SELLER'S Title
Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered, to
CRA the following documents and instruments:
9.1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good,
marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances
and other conditions of title other than the Permitted Exceptions.
9.2 Seller's Affidavits. SELLER shall furnish to CRA an owner's affidavit
attesting that, to the best of its knowledge, no individual or entity has any claim against the Property
under the applicable construction lien law; and that there are no parties in possession of the Property
other than SELLER. SELLER shall also furnish to CRA a non-foreign affidavit with respect to the
Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be
deemed an uncured title objection,
9.3. Closing Statement. A closing statement setting forth the Purchase Price, the
Deposit, all credits, adjustments and prorations between CRA and SELLER, all costs and expenses
4
PURCHASE AGREEMENT
Page 5 of11
to be paid at Closing, and the net proceeds due SELLER, which CRA shall also execute and deliver
at Closing.
9.4. Corrective Documents. Documentation required to clear title to the Property
of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions.
9.5. Additional Documents. Such other documents as CRA or the Title Company
may reasonably request that SELLER execute and deliver, and any other documents required by this
Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this
Agreement.
10. PRORA nONS. CLOSING COSTS AND CLOSING PROCEDURES.
10.1. Prorations. Taxes, assessments, rents, interest, insurance and other expenses
of the Property shall be prorated through the day before Closing. CRA shall have the option of
taking over existing policies of insurance, if assumable, in which event premiums shall be prorated.
Cash at Closing shall be increased or decreased as may be required by prorations to be made
through the day prior to Closing. Advance rent and security deposits, if any, will be credited to
CRA, Taxes shall be prorated based upon the current year's tax with due allowance made for
maximum allowable discount. If Closing occurs at a date when the current year's millage is not
fixed and current year's assessment is available, taxes will be prorated based upon such assessment
and prior year's millage. If current year's assessment is not available, then taxes will be prorated on
prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted
upon receipt oftax bill,
10.2. Special Assessment Liens. Certified, confirmed and ratified special
assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens
as of Closing shall be assumed by CRA. If the improvement has been substantially completed as of
the Effective Date, any pending lien shall be considered certified, confirmed or ratified and
SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the
improvement by the public body.
10.3. Closing Costs. Seller shall pay for all documentary stamps on the deed,
recording the deed and half of all general closing expenses (settlement fee, courier fees, overnight
package, etc.). All other costs of closing shall be borne by CRA.
10.4 Closing Procedure. CRA shall fund the Purchase Price subject to the credits,
offsets and prorations set forth herein, SELLER and CRA (as applicable) shall execute and deliver
to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale
proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to
CRA, and promptly thereafter, record the Deed and other recordable Closing Documents in the
appropriate public records,
10.5 Existing Mortgages and Other Liens, At Closing, SELLER shall obtain, or
cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments
applicable to and encumbering the Property.
5
PURCHASE AGREEMENT
Page 6 of 11
11, REPRESENTATIONS. COVENANTS AND WARRANTIES.
11.1 Seller's Representations and Warranties. SELLER hereby represents,
covenants and warrants to CRA, as of the Effective Date and as of the Closing Date, as follows:
11.2. Authority. The execution and delivery of this Agreement by SELLER and
the consummation by SELLER of the transaction contemplated by this Agreement are within
SELLER'S capacity and all requisite action has been taken to make this Agreement valid and
binding on SELLER in accordance with its terms. The person executing this Agreement on behalf
of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement
represents a valid and binding obligation of SELLER.
11.3. Title. SELLER is and will be on the Closing Date, the owner of valid, good,
marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances
and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which
will be discharged at Closing).
12. DEFAULT.
12,1. Purchaser's Default. In the event that this transaction fails to close due to a
wrongful refusal to close or default on the part of CRA, subject to the provisions of Paragraph 12.3
below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to
SELLER as agreed liquidated damages and, thereafter, neither CRA nor SELLER shall have any
further obligation or liabilities under this Agreement, except for those expressly provided to survive
the termination of this Agreement; provided, however, that CRA shall also be responsible for the
removal of any liens asserted against the Property by persons claiming by, through or under CRA,
but not otherwise. CRA and SELLER acknowledge that if CRA defaults, SELLER will suffer
damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date
and that the amount of the Deposit being held by Escrow Agent most closely approximates the
amount necessary to compensate SELLER. CRA and SELLER agree that this is a bona fide
liquidated damages provision and not a penalty or forfeiture provision.
12.2. Seller's Default. In the event that SELLER shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement,
CRA may, at its option: (1) declare SELLER' in default under this Agreement by notice delivered
to SELLER, in which event CRA may terminate this Agreement and demand that the Deposit be
returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall
have any further rights hereunder or (2) seek specific performance of this Agreement, without
waiving any action for damages.
12.3. Notice of Default. Prior to declaring a default and exercising the remedies
described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party
describing the event or condition of default in sufficient detail to enable a reasonable person to
determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days
from delivery of the notice during which to cure the default, provided, however, that as to a failure
6
PURCHASE AGREEMENT
Page 7 of 11
to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both
parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If
the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the
remedies described above,
12.4. Survival, The provisions of this Section 12 shall survive the termination of
this Agreement.
13. NOTICES. All notices required in this Agreement must be in writing and shall be
considered delivered when received by certified mail, return receipt requested, or personal delivery
to the following addresses:
If to Seller:
Gregory Burke and Kerry Lowe-Burke
6089 Plains Drive
Lake Worth, FL 33463
PH: 561-329-4338
If to Buyer:
Lisa A. Bright, Executive Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, FL 33435
PH: 561/737-3256
FX: 561/737-3258
With a copy to:
James Cherof
CRA Attorney
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this
Agreement are hereby made binding on, and shall inure to the benefit of, the successors and
permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement
without the prior written consent of CRA, which shall not be unreasonably withheld. CRA shall
have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior
consent of SELLER and the CRA shall be released from any further obligations and liabilities under
this Agreement. The CRA may not assign this Agreement to any other party without the prior
written approval of SELLER, which shall not unreasonably withheld. If CRA has been dissolved as
an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of
section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply.
15. BROKER FEES. The SELLER and BUYER hereby state that they have not dealt
with a real estate broker in connection with the transaction contemplated by this Agreement and are
not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the CRA
from and against any and all claims, losses, damages, costs or expenses (including, without
limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement,
arrangement or understanding alleged to have been made by SELLER on its behalf with any broker
or finder in connection with this Agreement. The provisions of this Section shall survive Closing or
7
PURCHASE AGREEMENT
Page 8 of 11
termination ofthis Agreement.
16. Environmental Conditions.
16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any
hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum,
petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal
("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants.
Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws,
statutes, ordinances, rules, regulations or other governmental restrictions.
16.1,1 As a material inducement to CRA entering into this Agreement, SELLER
hereby warrants and represents the following, as applicable:
(1) That SELLER and occupants of the Property have obtained and are in
full compliance with any and all permits regarding the Disposal of Pollutants on the Property or
contiguous property owned by SELLER, to the best of SELLER' knowledge.
(2) SELLER is not aware nor does it have any notice of any past, present
or future events, conditions, activities or practices which may give rise to any liability or form a basis
for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property.
SELLER is not aware nor does it have any notice of any past, present or future events, conditions,
activities or practices on contiguous property that is owned by SELLER which may give rise to any
liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant
affecting the SELLER property.
(3) There is no civil, criminal or administrative action, suit, claim, demand,
investigation or notice of violation pending or, to the best of that entity's knowledge, threatened
against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any
portion thereof, or on any contiguous property owned by SELLER.
16.2 Additional Warranties and Representations of SELLER. As a material
inducement to CRA entering into this Agreement, SELLER, to the best of SELLER' information and
belief, hereby represents and warrants the following:
16.2.1 There are no pending applications, permits, petitions, contracts, approvals, or
other proceedings with any governmental or quasi-governmental authority, including but not limited
to, CRA, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the
use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is
not obligated to grant any interest in the Property to any of the foregoing entities.
16.2.2 There are no facts believed by SELLER to be material to the use, condition and
operation of the Property in the manner that it has been used or operated, which it has not disclosed to
CRA herein, including but not limited to unrecorded instruments or defects in the condition of the
Property which will impair the use or operation of the Property in any manner.
8
PURCHASE AGREEMENT
Page 9 of 11
16.2.3 To the best of SELLER' knowledge, the Property and the use and operation
thereof are in compliance with all applicable county and governmental laws, ordinances, regulations,
licenses, permits and authorizations, including, without limitation, applicable zoning and
environmental laws and regulations.
16.3 SELLER Deliveries,
SELLER shall deliver to CRA the following documents and instruments within ten
(10) days of the Effective Date of this Agreement, except as specifically indicated:
16.3.1 Copies of any reports or studies (including engineering, environmental, soil
borings, and other physical inspection reports), in SELLER' possession or control with respect to the
physical condition or operation of the Property, if any.
16,3.2 Copies of all licenses, variances, waivers, permits (including but not limited
to all surface water management permits, wetland resource permits, consumptive use permits and
environmental resource permits), authorizations, and approvals required by law or by any
governmental or private authority having jurisdiction over the Property, or any portion thereof (the
"Governmental Approvals"), which are material to the use or operation of the Property, if any.
16.3.3 Prior to the Closing Date, SELLER shall execute and deliver to CRA any and
all documents and instruments required by CRA, in CRA's sole and absolute discretion, which: (i)
effectuate the transfer to CRA of those Governmental Approvals, or portions thereof which are
applicable to the Property, that CRA desires to have assigned to it, and/or (ii) cause the Property to
be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing
Date, SELLER shall remedy, restore, and rectify any and all violations of the Governmental
Approvals (including but not limited to any and all portions of the surface water management
system, mitigation areas or other items which do not comply with the Governmental Approvals or
applicable rules), if any. SELLER warrants that there will not be, at the time of Closing, any
unrecorded instruments affecting the title to the Property, including, but not limited to any
conveyances, easements, licenses or leases.
17. MISCELLANEOUS.
17.1, General. This Agreement, and any amendment hereto, may be executed in
any number of counterparts, each of which shall be deemed to be an original and all of which shall,
together, constitute one and the same instrument. The section and paragraph headings herein
contained are for the purposes of identification only and shall not be considered in construing this
Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless
otherwise specified, No modification or amendment of this Agreement shall be of any force or
effect unless in writing executed by Parties. This Agreement sets forth the entire agreement
between the Parties relating to the Property and all subject matter herein and supersedes all prior
and contemporaneous negotiations, understandings and agreements, written or oral, between the
Parties, This Agreement shall be interpreted in accordance with the laws of the State of Florida.
The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement
shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any
cause of action be limited to federal jurisdiction only, in the United States District Court for the
Southern District Court of Florida.
9
PURCHASE AGREEMENT
Page 10 of 11
17.2, Computation of Time. Any reference herein to time periods which are not
measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays
and legal holidays in the computation thereof. Any time period provided for in this Agreement
which ends on a Saturday, Sunday or legal holiday shall extend to 5 :00 p.m. on the next full
Business Day. Time is of the essence in the performance of all obligations under this Agreement.
Time periods commencing with the Effective Date shall not include the Effective Date in the
calculation thereof.
17.3. Waiver. Neither the failure of a party to insist upon a strict performance of
any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of
any item by a party with knowledge of a breach of this Agreement by the other party in the
performance of their respective obligations hereunder, shall be deemed a waiver of any rights or
remedies that a party may have or a waiver of any subsequent breach or default in any of such
terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of
this Agreement and the Closing,
17.4. Construction of Agreement. The Parties to this Agreement, through counsel,
have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any
amendment hereto shall be more strictly construed against any of the Parties. As used in this
Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall
include the plural, and the plural shall include the singular, as the context may require, Provisions
of this Agreement that expressly provide that they survive the Closing shall not merge into the
Deed.
17.5. Severability. If any provision of this Agreement or the application thereof
shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this
Agreement nor the application of the provision to other persons, entities or circumstances shall be
affected thereby, but instead shall be enforced to the maximum extent permitted by law. The
provisions of this Section shall apply to any amendment of this Agreement.
17.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement
and initialed by CRA and SELLER shall control all printed provisions in conflict therewith.
17.7 Waiver of Jury Trial. As an inducement to CRA agreeing to enter into this
Agreement, CRA and SELLER hereby waive trial by jury in any action or proceeding brought by
either party against the other party pertaining to any matter whatsoever arising out of or in any way
connected with this Agreement.
17.8. Attorneys Fees and Costs. Should it be necessary to bring an action to enforce
any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the
appellate level, shall be awarded to the prevailing party.
17.9 Binding Authority. Each party hereby represents and warrants to the other
that each person executing this Agreement on behalf of the CRA and SELLER has full right and
10
PURCHASE AGREEMENT
Page 11 of 11
lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose
behalf he or she is signing with respect to all provisions contained in this Agreement.
17.10 Recording. This Agreement may be recorded in the Public Records of Palm
Beach County, Florida.
17.11 Survival. The covenants, warranties, representations, indemnities and
undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and
recording of the SELLER Property Deed and CRA' s possession of the Property.
17.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that
SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in
connection with the transaction contemplated by this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
date.
SELLER:
SELLER:
By:
Print Name: Gregory Burke
Print Name: Kerry Lowe-Burke
Witnesses:
Witnesses:
BUYER:
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
By:
Print Name: Jerry Taylor, Chairman
Witnesses:
Approved as to form and legal sufficiency:
CRA Board Attorney
11
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iii East Side-West S.,de- Seas.,de Rena.,ssance
eRA BOARD MEETING OF: April 8, 2008
I Consent Agenda I I Old Business I X I New Business I I
Public Hearing
Other
SUBJECT: Consideration of Current CRA Continuing General Contract Agreements
SUMMARY: This item was requested to be added to the agenda by a CRA Board member who was
inquiring what the process is for a general contractor to be placed on the CRA's approved General
Contracting list, which supports the Residential Improvement Grant Program.
At the direction of the former CRA Board in late 2006, staff and legal were requested to issue a Request
for Qualifications (RFQ) for General Contracting or Construction Management Services to be provided
on an on-going and/or rotation basis. The former Board believed the individual bidding process for each
CRA project would take too long as well as be too cumbersome to manage with a small CRA staff.
Therefore, the Board wanted to select professionals in a public process and negotiate a Continuing
Contract ahead oftime. By having a negotiated contract in place, it quickly allows CRA staffto develop
a scope of work under a "work order" for Board approval. Otherwise, CRA staff would spend most of
their time bidding and/or negotiating a contract to perform work instead of actually implementing the
work. At the City, the bidding process works due to a large number of staff available to handle
administration.
Attached are the documents relating to the implementation of the RFQ process which took
approximately six months in duration to complete. The Continuing Contract's with the selected firms
of: Hedrick Brothers, Kaufman Lynn and Burkhardt Construction were negotiated for a one (1) year
term with the ability to extend for four (4) additional one (1) year terms as provided in the solicitations.
These agreements will return to the CRA Board at the June 2008 meeting unless staff is directed
otherwise.
FISCAL IMPACT: To be determined
CRA PLAN, PROGRAM or PROJECT: Existing CRA Construction Process could be
affected
RECOMMENDATIONS: Direct staff
cb ~'~J-
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board
Meetings\08 04 08 CRA Board Meeting - April\General Contracting.doc
Page 1 of2
Bright, Lisa
~"om: jreguez@aol.com
Thursday, March 27, 2008 1:46 PM
Bright, Lisa
Taylor, Jerry; Hay, Woodrow; Ross, Marlene; Weiland, Ronald; jcherof@cityatty.com; DDoody@cityatty.com;
Brooks, Vivian
Subject: Re: CRA General Contractor's
Ilt:
To:
Cc:
Mrs. Bright.. I would like to put this matter on the next eRA agenda... thanks..
Regards,
Jose
-----Original Message-----
From: Bright, Lisa <BrightL@ci.boynton-beach.fl.us>
To: jreguez@aol.com
Cc: Taylor, Jerry <TaylorJ@ci.boynton-beach.fl.us>; Hay, Woodrow <hayw@ci.boynton-beach.fl.us>; Ross, Marlene
<RossM@ci.boynton-beach.fl.us>; Weiland, Ronald <WeilandR@ci.boynton-beach.fl.us>; Jim Cherof
<jcherof@cityatty.com>; DDoody@cityatty.com; Brooks, Vivian <BrooksVi@ci.boynton-beach.fl.us>
Sent: Thu, 27 Mar 2008 12:40 pm
Subject: CRA General Contractor's
Vice-Chair Rodriguez,
There is not an approved list to bid at the CRA, the agency currently operates under Continuing Contracts.
At the direction of the former CRA Board in late 2006, staff and legal were requested to issue a Request for Qualifications (RFQ)
for General Contracting or Construction Management Services to be provided on an on-going and/or rotation basis. The former
Board believed the individual bidding process for each CRA project would take too long as well as too cumbersome to manage
with a small CRA staff.
Therefore, the Board wanted to select professionals in a public process and negotiate a Continuing Contract ahead of time. By
having a negotiated contract in place, it quickly allows CRA staff to develop a scope of work under a "work order" for Board
approval. Otherwise, CRA staff would spend most of their time bidding and/or negotiating a contract to perform work instead of
actually implementing the work. At the City, the bidding process works due to a large number of staff available to handle
administration.
Attached are the documents relating to the implementation of the RFQ process which took approximately six months in duration to
complete. The Continuing Contract's with the selected firms of: Hedrick Brothers, Kaufman Lynn and Burkhardt Construction
were negotiated for a one (1) year term with the ability to extend for four (4) additional one (1) year terms as provided in the
solicitations. These agreements will return to the CRA Board at the June 2008 meeting unless staff is directed otherwise.
As a side note for the board to consider on the Residential Improvement Grant Program, this is the first year of the program with
an amended budget amount of $340,000 covering a maximum of seventeen grants, The scope of work for the exterior of each
home is not to exceed $20,000, Currently, Hedrick Brothers is implementing this program as our General Contractor. If the board
wanted to consider changing the process from a Continuing Contract basis to individual bidding for each scope of work, it would
be necessary for the CRA to piggyback onto approved lists at the City or possibly consider moving this program to the City for
their administration.
I-
'"'\ottom line is the CRA does not have enough staff handle project management of seventeen different RIP grants with
Itially seventeen different contractors.
T
Lisa Bright
03/27/2008
Page 2 of2
F,....~: jreguez@aol.com [mailto:jreguez@aol.com]
! : Wednesday, March 26, 2008 7:29 PM
To. Bright, Lisa
Subject: RIG
What is the current process for a GC to get on our approved list to support the Residential Improvement Grant??
Regards,
Jose
Planning your summer road trip? Check out AOL Travel Guides.
Planning your summer road trip? Check out AOL Travel Guides.
03/27/2008
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
April 10, 2007
Ms. Horenburger clarified and emphasized the Intent of her motion was to proceed with the
acquisition in the corridor as it was the CRA's responsibility.
~
A vote was taken on the motion and unanimously passed.
IX. Old Business
A, Approval of a Transit Study Contract between CRA and PBS&J.
(Chair Tillman passed the gavel to Vice Chair Norem and left the dais at 7:28 p.m.)
Vivian Brooks, Planning Director, explained the County requires a transit study and this item
related to a Transportation Concurrency Exception Area (TCEA) overlay area in the downtown.
The contract would allow the study to be conducted and completed within six months. The
report would then be forwarded to the County so they would be compliant with the TCEA
standards.
Motion
Ms. Heavilin moved to approve. Ms. Horenburger seconded the motion.
The County's letter was unclear on whether the CRA would need to go back and revisit the
transit plan, contingent on the amount of development that occurs. Currently, there was not
enough development to create an Impact, but the County stili wanted the study. An hourly rate
was attached to the contract in case the issue needed to be revisited.
~
There was a vote on the motion that passed 6-0 (Chair Tillman not present for the vote).
B. Approval of Recommended General Contracting Firms to Negotiate a Continuing
Contract.
Ms. Brooks announced they received 11 responses to their solicitations. There was work that
could be done on the marina and It was time consuming to go out to bid each time. The CRA
needed contractors to oversee different specialties and was seeking to enter into a one-year
contract with three firms to be used on a rotating basis with the ability of renegotiating an
additional four years. They learned, with Burkhardt Construction, that doing so was an
expensive process. The CRA was considering several projects for the area, which predicated the
need for the other contractors.
Chair Tillman returned to the dais at 7:30 p.m.
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
April 10,2007
Ms. Brooks reviewed Hedrick Brothers Construction had historic experience and were
Leadership in Energy and Environmental Design (LEEDS) Certified, and Kaufman and Lynn, Inc.
had municipal experience.
Motion
Vice Chair Norem moved to approve. Ms. Heavilin seconded the motion.
Rev. Chaney asked if smaller, minority contractors were considered. Ms. Brooks responded one
minority contractor applied and the information was included In the RFP as part of the criteria to
use local labor. Mr. Sims agreed with Rev. Chaney and thought minority contractors should be
used when possible.
Ms. Bright explained the renewal would be automatic provided there were no performance
issues. Chair Tillman did not want the renewals to be automatic. He thought without minority
participation there would be bad feelings.
Dale Hedrick, Hedrick Brothers Construction, addressed the board and indicated he had
minorities on board and throughout his company. He had worked for the school board, which
required minority participation and had Milton Grey, who uses several minority subs. He
reported they met all of the minority requirements.
Ms. Lisa King, of Kaufman Lynn, Inc. highlighted her firms minority participation. They made
it a point to use local subcontractors and met all of the minority requirements.
Vote
Motion unanimously passed.
C. Presentations and Selection by Top Three Proposers for the Downtown Master Plan
Visioning & Implementation
Ms. Brooks reported she had received 19 proposals. A committee comprised of Mathew Barnes,
Planner for Charlie Siemen in Boca Raton; Quintus Greene, Development Director; Mike Rumpf,
Planning Director; Melissa Hudson of Lennar Homes and herself reviewed the proposals. Three
firms were short-listed for consideration. They were EDAW Inc, Peter Smith & Company and
Torti Gallas.
Ellen Heath, Principal with EDAW made the first presentation. She explained the firm was an
international firm with extensive experience and colleagues based in Florida. Ms. Heath
introduced her team and reviewed her presentation, which Is on file in the City Clerk's Office.
Ms. Heath indicated they were looking to build on the vision for the downtown area. She noted
market reality was an important part of the project, as was appropriate density.
Ms. Heath explained the firm would work in a partnership arrangement with the CRA and
communication was the key. She emphasized the firm used many different techniques
8
1~~ctY~T8~RA
. East Side-West S'lde-Seaside Rena.lssance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
April 10, 2007
AGENDA ITEM:
I Consent Agenda
Old Business I X I
New Business
Public Hearing
Other
SUBJECT:
Request for Qualifications from General Contractors
SUMMARY: At the regular meeting of January 9,2007 the CRA Board authorized staff to issue a solicitation
requesting statements of qualification from qualified general contractors or construction managers for preconstruction and
construction services to be provided on an on-going and/or rotating basis. The solicitation described services desired to
include preconstruction cost estimating, constructability analysis, and value engineering as well as construction and/or
construction management.
The solicitation stated the desire to select a maximum of three qualified finns to provide preconstruction and construction
services on the following categories of projects:
. Upgrades, reconstruction or new construction of underground and/or overhead utilities, including undergrounding of
existing overhead utilities;
. Upgrades, reconstruction or new construction of roadway and storm drainage improvements;
. Streetscapes including but not limited to enhancements to pedestrian improvements such as decorative paving,
pedestrian lighting, landscaping, street furnishings, and street graphics;
. Renovations, reconstruction or new construction of public parks and related park improvements including but not
limited to landscape, hardscape and public buildings such as restrooms, pavilions, etc.;
. Renovation, restoration and/or remodeling of existing buildings of an historic character;
. Renovations, reconstruction or new construction of residential structures for affordable housing purposes; and,
. Other projects at the sole and absolute discretion of the CRA.
The solicitation required that the statements of qualification include a cover letter providing a brief description of the firm,
what category(ies) of services the firm is desirous of being considered for and a principal point of contact. The solicitation
also requested qualifications of the firm and key personnel of the firm in relationship to the services being offered, and the
general business terms under which the firm typically provides services, In addition the solicitation specified that the
selection process would be based on the qualifications of the firm and key personnel, and the acceptability of fee structure for
preconstruction and construction services.
Statements of qualification were received by the CRA staff from the following firms:
. BSA Corporation, General Contractors
. Burkhardt Construction, Inc.
. Catalfumo Construction, Ltd.
. Hedrick Brothers Construction
. J. Mosca Builders, LLC
. Kaufman Lynn, Inc., General Contractors
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 04 10 CRA Board meeting - April\Construction Services.doc
~ii"
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~~~qY~T8tirCRA
iIIIi East Side~West Side~Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
. RDP Construction, Inc.
. Sanalil Construction, Inc.
. Stanley Consultants, Inc.
. The Weitz Company
. West Construction, Inc.
The eleven (11) statements of qualification were reviewed by CRA Planning Director, Vivian Brooks, and consultant Corey
O'Gorman in relationship to the selection criteria noted above. Of those eleven (11), the three firms below provided
statements of qualification that included acceptable fee structures for preconstruction and construction services, and
demonstrated qualifications of the finn and key personnel which most closely match the category of projects to be constructed
by the CRA described in the solicitation:
. Burkhardt Construction, Inc.
. Hedrick Brothers Construction
. Kaufman Lynn, Inc., General Contractors
FISCAL IMPACT:
None at this time,
RECOMMENDATIONS:
eRA staff recommends that the CRA Board approve selection of Burkhardt Construction, Inc., Hedrick Brothers
Construction, and Kaufman Lynn, Inc., General Contractors to provide preconstruction and construction services on an on-
going and! or rotating basis; that CRA Staff and Attorney negotiate agreements with each finn which agreement will provide
general conditions of service including a one (1) year term with the ability to extend for four (4) additional one (I) year terms
as provided in the solicitation; and return to the CRA Board for approval of the agreements,
Vivian L. Brooks
CRA Planning Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 0410 CRA Board meeting - April\Construction Services.doc
BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY
REQUEST FOR
STATEMENTS OF QUALIFICATION
For
General Contracting or Construction Management
to be provided on an on-going and/or rotating basis
Background:
The Boynton Beach Community Redevelopment Agency (CRA) is seeking statements of
qualifications for qualified general contractors or construction managers for
preconstruction and construction services to be provided on an on-going and/or rotating
basis. Services desired include, but shall not be limited to, preconstruction cost
estimating, constructability analysis, and value engineering as well as construction and/or
construction management.
The CRA guides redevelopment activities that will create a vibrant downtown core and
revitalized neighborhoods within the +/- 1,650 acre district in eastern Boynton Beach.
Since adoption of the Boynton Beach 20120 Redevelopment Master Plan in 1998 and
component strategic plans in subsequent years, the redevelopment area had grown
physically and tax increment revenues have also grown tremendously.
This physical and fiscal growth has enabled the CRA to undertake and complete projects
such as the Boynton Beach Boulevard Extension and Promenade. These projects feature
the extension of Boynton Beach Boulevard, a pedestrian and vehicular gateway linking
the Promenade to the Marina area and the Promenade pedestrian element leading
pedestrians past "Pete's Pond" Park eastward along the marina boat slips to the
Intracoastal Waterway.
This area provides the community an events area with permanent public accommodations
such as restrooms, water fountains, temporary stage areas, trash receptacles, shade and
seating areas. The area has several sites for public art to add attractions along the walk
with shade created from imitation "sails" of fabric providing comfort and visually tying
the Promenade look to the adjacent marina,
Other projects include the eRA's recent purchase of the 1927 High School in the Town
Square area and the Two Georges Marina along the waterfront. In partnership with the
recently selected Five Towns College from Dix Hills, New York, the CRA will help to
transform the Town Square area into a vibrant center of civic, cultural and recreational
uses as a western anchor to the downtown core, which now includes the City's WiFi
system, At the eastern end of that core area, the Two Georges Marina area includes a 24-
slip marina and office, and will ensure residents public access to waterways for
generations to come.
The CRA is also committed to affordable housing. The CRA has recently launched a
down payment assistance program to put homoownership within reach for local residents.
Up to $50,000 in interest free down payment assistance is available to qualified
individuals and families trying to buy a home within the redevelopment area. This
program is funded using State Housing Initiatives Partnership funds and is administered
through the Boynton Beach Faith Based Community Development Corporation.
Future City/CRA projects include public improvements to Wilson, Intracoastal and
Jaycees Parks, as well as the Town Square area. These projects may include public
buildings, landscape and hardscape improvements intended to enhance the public's use of
these areas. In addition, the CRA has recently approved a master developer to negotiate
for the Heart of Boynton project which will include construction a mix of commercial
and residential uses with complementary public improvements needed to support the
private development.
In order to accomplish the numerous public improvement projects that are being
considered it is the CRA' s intent to select a maximum of three qualified general
contractors or construction managers (GC/CM). The CRA intends that contractors or
construction managers selected will provide on-going services on a rotating basis or other
basis as determined at the sole discretion of the CRA. It is anticipated that construction
projects on which the selected GC/CM may be asked to provide preconstruction and
construction services would include, but may not be limited to:
. Upgrades, reconstruction or new construction of underground and/or overhead
utilities, including undergrounding of existing overhead utilities;
. Upgrades, reconstruction or new construction of roadway and storm drainage
improvements;
. Streetscapes including but not limited to enhancements to pedestrian
improvements such as decorative paving, pedestrian lighting, landscaping, street
furnishings, and street graphics;
. Renovations, reconstruction or new construction of public parks and related park
improvements including but not limited to landscape, hardscape and public
buildings such as restrooms, pavilions, etc.;
. Renovation, restoration and/or remodeling of existing buildings of an historic
character;
. Renovations, reconstruction or new construction of residential structures for
affordable housing purposes; and,
. Other projects at the sole and absolute discretion of the CRA.
Preconstruction and construction services that may be needed include, but may not be
limited to:
. Cost estimating. Throughout the design process for conceptual plans, preliminary
designs and construction documents as may be prepared by CRA design
consultants, the GC/CM would provide construction cost estimates for budgetary
purposes as well as for construction.
2
. Constructability analvsis. Throughout the design process for conceptual plans,
preliminary designs and construction documents as may be prepared by CRA
design consultants, the GC/CM would provide analysis of the various aspects of
the designs to ensure that the projects are constructable in accordance with the
CRA's development program, and/or identify construction issues and make
recommendations for adjustment.
. Value engineering. Throughout the design process the GC/CM would provide
detailed evaluation of the proposed preliminary designs and construction
documents and make recommendations on appropriate changes that would assist
in controlling project costs.
. Construction and/or construction management. GC/CM will be responsible for
construction of improvements including but not necessarily limited to the types of
projects described above with the specific scope of work, method of contracting
and compensation to the GC/CM to be determined at that time.
The CRA will consider statements of qualifications from firms offering services on a
single category of services as well as combinations of any or all services noted above.
Statements of Qualification
Interested firms shall provide the following information in the following format:
Section I - Cover letter - Section I shall include a cover letter which will provide a brief
summary of the firm, what category(ies) of services the firm is desirous of being
considered for, and who the principal point of contact will be for the services. It is the
desire ofthe CRA to have one (1) point of contact for any and all services.
Section II - Firms Qualifications - Section II shall provide a detailed description of the
firm in relationship to the services being offered. This section shall include:
. A detailed description of experience and qualifications for the services being
offered including but not necessarily limited to:
o Years providing the services being proposed.
o References for similar services being proposed.
o List of projects.
. Organizational chart listing the principal point of contact, key professional staff,
and other key support staff who are anticipated to work on CRA projects, and
illustrating how the company is organized to provide the services being offered.
. Any licenses, certifications or other related professional credentials held by the
company, including a certificate of good standing from the Secretary of State,
Division of Corporations.
. Information on professional liability, workers compensation and other appropriate
insurances carried by the company.
. Bonding capacity.
. List and description of any outstanding claims against the company.
3
. List and description of any projects from which the company has been relieved of
duty.
. Other appropriate information as determined by the company.
Section III - Key personnel qualifications - Section III shall provide a detailed
description of the individuals and their qualifications in relationship to the services being
offered. This section shall include:
. A list of each person anticipated to provide service for the CRA under this
solicitation and their relevant experience including:
o Education.
o Years of experience.
o References for similar services being proposed.
o List of projects.
o Any licenses, certifications or other related professional credentials held
by the individual.
o Other appropriate information as determined by the company.
Companies which offer their services for any category of service noted above
acknowledge that the personnel described in their statements of qualification are an
important component to selection. Further, it is the obligation of any firm selected to
immediately notify the CRA if one or more of the key personnel become unavailable to
work on CRA projects on either a permanent or temporary basis. Removal, replacement
and/or substitution of any key personnel may cause the company to be disqualified from
providing service to the CRA at the CRA's sole and absolute discretion.
Section IV - General Business Terms - Section IV shall provide the general business
terms under which the company typically provides services. Those general business
terms shall include:
. Typical method of contracting - the company shall provide information on their
typical method of contracting for preconstruction and construction services, and if
the company utilizes standard American Institute of Architects (AlA) contracts.
For preconstruction services, companies offering their qualifications for
consideration agree to provide services, as appropriate, under the following fee
structures:
o Lump sum fee. When a scope of services can be clearly outlined and the
level of effort for those services can be determined, the CRA shall require
the consultant to perform said services for a lump sum fee based on an
anticipated level of services applied to the hourly rates required herein,
o HourlylNot-to-Exceed. When a scope of services cannot be clearly
defined in terms of level of effort or the level of effort of a defined scope
of services cannot be precisely defined, the CRA will consent to an hourly
billing on a not-to-exceed dollar amount basis. The CRA will require that
when billings reach 75% of the not-to-exceed amount, the consultant must
4
notify the CRA in writing and provide an estimate of the level of effort to
complete the work assigned. At the CRA's sole and absolute discretion
the services may be allowed to continue or the CRA may elect to
terminate the services and the firm if sufficient progress has not been
made on the project.
Construction services companies offering their qualifications must acknowledge
that it is the CRA's preference to utilize methods of contracting including the
Cost Plus, the CM at Risk with a GMP or negotiated contract.
. Contract form - the company shall provide their standard form written contract
which is used with other similar construction services. The CRA shall consider
the standard form and at the CRA's sole and absolute discretion may reject or
revise certain provisions if they are determined to be unacceptable, or may
propose its own contract.
. Term and Termination - the CRA intends to enter into agreements with selected
firms for up to one (1) year with the option for up to four (4) annual renewals
subject to the mutual agreement of both parties. Services may be terminated by
either party with 30-days written notice to the other.
Selection Process:
All statements of qualification are encouraged to be brief and to the point. The CRA
plans to review the responses and may conduct interviews prior to establishing a short list
of firms for selection. Statements of qualification will be reviewed, rated and ranked
based on the following:
. Firms qualifications
. Qualification of key personnel
. Acceptability of fee structure for preconstruction services
. Acceptability of contracting method for construction services
The CRA reserves the right to consider any and all information provided by the company
in its statement of qualifications and to accept or reject any or all statements at the CRA's
sole and absolute discretion. Interested parties are required to submit one (1) unbound
original and 15 copies of their statements of qualification on or before 2007 to:
Lisa Bright, Executive Director
Boynton Beach CRA
915 South Federal Highway
Boynton Beach, FL 33435
Timeline:
Publication of Notice
5
Voluntary Pre-proposal meeting for interested parties at XX
am/pm
Proposal packages due to CRA office by 3 :00 pm
Selection of short list of proposers by CRA Board of Directors
Facsimile transmissions and electronic submissions will not be accepted. Any responses
received by the CRA after 3:00 pm on 2007 will be rejected and returned,
unopened, to the proposer. Any question regarding whether a submittal has been
submitted timely shall be resolved by reference to the time kept by the CRA's
receptionist or delegated representative for the receipt of submittals.
The CRA staff will review the statements of qualification and intends to short list two or
three firms, but may select more or less at staff's sole and absolute discretion. Upon
short-listing, staff may request that its board of directors approve preconstruction services
agreements to be executed with each firm selected outlining the general services to be
provided, the rates of pay and method of providing services. This preconstruction
services agreement will not serve as a notice to proceed but will provide the basis for
future notices to proceed on specific projects. Specific projects will be contracted for
only after funds are appropriated (as needed) and a written notice to proceed is issued.
Contacts:
All correspondence and requests for information regarding the request for proposals,
should be directed to:
Vivian L. Brooks
CRA Planning Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, FL 33435
E-mail brooksvi@ci.boynton-beach.fl.us
Telephone: (561) 737-3256
Protests:
Any and all decisions by the CRA Board to modify the schedule described herein,
requests for additional information, reject insufficient or unclear proposals, formulate an
objective point system for review, rate and rank proposals, negotiate agreements,
abandon negotiations, approve agreements, etc., shall be at the CRA's sole discretion and
no protests whatsoever shall be considered by the CRA Board. Submittal of a reply to
this RFP on the part of any and all proposers constitutes acceptance of this policy.
Public Records
Florida law provides that records of a public agency shall at all times be open for
personal inspection by any person. Section 119.01, F.S., The Public Records Law.
Information and materials received by the CRA, in connection with a submittal shall be
6
deemed to be public records subject to public inspection. However, certain exemptions to
the public records law are statutorily provided for in Section 119.07, F.S. If the Proposer
believes any of the information contained in its Submittal of Proposals is exempt from the
Public Records Law, then the Proposer must in its response specifically identify the
material which is deemed to be exempt and cite the legal authority for the exemption and
the CRA will evaluate the material to determine whether it is exempt from the Public
Records Law. Otherwise. the CRA will treat all materials received as public records.
Public Entity Crimes
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit Proposals, bids or qualifications (as
applicable), in response to a solicitation for said products/services in support of a public
entity, and may not submit qualifications, a proposal or bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list."
Drug Free Workplace Certification
All Proposers must complete and sign the attached "Drug Free Workplace Certification
by Vendor", and submit it with their Proposals. Failure to do so may result in rejection of
the proposal.
7
CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM
I certify the firm of responding to this RFP
maintains a drug-free workplace program, and that the following conditions are met:
(1) We publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace; and specifying that actions will be taken against employees for violations of
such programs.
(2) We inform employees about the dangers of drug abuse in the workplace, the
company's policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations.
(3) We give each employee engaged in providing the commodities or contractual services
included in this RFP a copy of the statement specified in Subsection (1).
(4) In the statement specified in Subsection (1), we notify the employee that, as a
condition of working in the commodities or contractual services covered under this RFP,
they will abide by the terms of the statement; and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
(5) We impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, by
any employee who is convicted.
(6) We make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Authorized Signature:
Date
Name & Title (typed)
8
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
April 10,2007
Ms. Horenburger clarified and emphasized the intent of her motion was to proceed with the
acquisition in the corridor as it was the CRA's responsibility.
~
A vote was taken on the motion and unanimously passed.
IX. Old Business
A. Approval of a Transit Study Contract between CRA and PBS&J.
(Chair Tillman passed the gavel to Vice Chair Norem and left the dais at 7:28 p.m.)
Vivian Brooks, Planning Director, explained the County requires a transit study and this item
related to a Transportation Concurrency Exception Area (TCEA) overlay area in the downtown.
The contract would allow the study to be conducted and completed within six months. The
report would then be forwarded to the County so they would be compliant with the TCEA
standards.
MQtlon
Ms. Heavilin moved to approve. Ms. Horenburger seconded the motion.
The County's letter was unclear on whether the eRA would need to go back and revisit the
transit plan, contingent on the amount of development that occurs. Currently, there was not
enough development to create an impact, but the County stili wanted the study. An hourly rate
was attached to the contract in case the issue needed to be revisited.
~
There was a vote on the motion that passed 6-0 (Chair Tillman not present for the vote).
B. Approval of Recommended General Contracting Firms to Negotiate a Continuing
Contract.
Ms. Brooks announced they received 11 responses to their solicitations. There was work that
could be done on the marina and it was time consuming to go out to bid each time. The CRA
needed contractors to oversee different specialties and was seeking to enter into a one-year
contract with three firms to be used on a rotating basis with the ability of renegotiating an
additional four years. They learned, with Burkhardt Construction, that doing so was an
expensive process. The CRA was considering several projects for the area, which predicated the
need for the other contractors.
Chair Tillman returned to the dais at 7:30 p.m.
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
April 10,2007
Ms. Brooks reviewed Hedrick Brothers Construction had historic experience and were
Leadership in Energy and Environmental Design (LEEDS) Certified, and Kaufman and Lynn, Inc.
had municipal experience.
Motion
Vice Chair Norem moved to approve. Ms. Heavilin seconded the motion.
Rev. Chaney asked If smaller, minority contractors were considered. Ms. Brooks responded one
minority contractor applied and the Information was induded in the RFP as part of the criteria to
use local labor. Mr. Sims agreed with Rev. Chaney and thought minority contractors should be
used when possible.
Ms. Bright explained the renewal would be automatic provided there were no performance
issues. Chair Tillman did not want the renewals to be automatic. He thought without minority
participation there would be bad feelings.
Dale Hedrick, Hedrick Brothers Construction, addressed the board and indicated he had
minorities on board and throughout his company. He had worked for the school board, which
required minority participation and had Milton Grey, who uses several minority subs. He
reported they met all of the minority requirements.
Ms. Lisa King, of Kaufman Lynn, Inc. highlighted her firms minority participation. They made
it a point to use local subcontractors and met all of the minority requirements.
~
Motion unanimously passed.
C. Presentations and Selection by Top Three Proposers for the Downtown Master Plan
Visioning & Implementation
Ms. Brooks reported she had received 19 proposals. A committee comprised of Mathew Barnes,
Planner for Charlie Siemen in Boca Raton; Quintus Greene, Development Director; Mike Rumpf,
Planning Director; Melissa Hudson of Lennar Homes and herself reviewed the proposals. Three
firms were short-listed for consideration. They were EDAW Inc, Peter Smith & Company and
Torti Gallas.
Ellen Heath, Principal with EDAW made the first presentation. She explained the firm was an
international firm with extensive experience and COlleagues based in Florida. Ms. Heath
introduced her team and reviewed her presentation, which is on file in the City Clerk's Office.
Ms. Heath indicated they were looking to build on the vision for the downtown area. She noted
market reality was an important part of the project, as was appropriate density.
Ms. Heath explained the firm would work in a partnership arrangement with the CRA and
communication was the key. She emphasized the firm used many different techniques
8
GENERAL CONTRACTING/CONSTRUCTION MANAGEMENT/CONSULTING
AGREEMENT
-LJ.: THIS IS AN AGREEMENT ("Agreement"), entered into this 2t.day of
U IJ t., ,between the Boynton Beach Community Redevelopment Agency,
hereinafter referred to as "CRA", and Hedrick Brothers Construction, authorized to do
business in the State of Florida, hereinafter referred to as the "CONSULTANT."
WHEREAS, the CRA issued a Request for Statements of Qualifications
on January 28, 2007; and
WHEREAS, CONSULTANT timely submitted its response to the Request
for Statements of Qualifications; and
WHEREAS, the CRA has investigated the qualifications of the
CONSULTANT to perform the WORK herein contemplated and found them
satisfactory; and
WHEREAS, the CRA Board selected CONSULTANT, along with two
other general contractinglconstruction management consultants, at its regularly
scheduled meeting on March 13, 2007; and
WHEREAS, the CRA agrees to retain the CONSULTANT for general
contracting/construction management services on various CRA projects on an
ongoing and/or rotating basis for the time period described herein; and
WHEREAS, as a result of the aforementioned, the CRA agrees to enter
into this Agreement with the CONSULTANT; and
NOW, THEREFORE, in consideration of the premises and the mutual
covenants herein contained, the CRA agrees to employ the CONSULTANT and
the CONSULTANT agrees to perform all general contracting andlor construction
management services in connection with various CRA projects as needed, for
the total duration of this Agreement, and any and all extensions, upon the
following terms and conditions; namely:
1. SCOPE OF SERVICES.
A. The following services may be requested by CRA on a continuing or
rotating basis:
1. Cost estimating.
2. Construction analysis.
3. Value engineering.
4. Construction andlor construction management.
B. CONSULTANT may be called upon for general contracting or
construction management services for the following types of CRA projects:
1. Upgrades, reconstruction or new construction of undergrounds and/or
overhead utilities, including under-grounding of existing overhead utilities.
2. Upgrades, reconstruction or new construction of roadway and storm drainage
improvements.
3. Streetscapes including but not limited to enhancements to pedestrian
improvements such as decorative paving, pedestrian lighting, landscaping,
street furnishings, and street graphics.
4. Renovations, reconstruction or new construction of public parks and related
park improvements including but not limited to landscape, hardscape and
public buildings such as restrooms, pavilions, etc.
5. Renovation, restoration and/or remodeling of existing buildings of an historic
character.
6. Renovations, reconstruction or new construction of residential structures for
affordable housing purposes.
7. Other projects at the sole and absolute discretion of the CRA.
2. GENERAL PROVISIONS.
A. For each CRA project upon which CONSULTANT'S services are
requested, CONSULTANT and CRA will negotiate a separate agreement to include a
Scope of Work and/or Notice to Proceed.
B. The CRA reserves, at all times, the right to perform any and all general
contracting and/or construction management services or work with other general
contractors and/or construction managers. This Agreement does not confer on the
CONSULTANT any exclusive rights to CRA work, nor does it obligate the CRA in any
manner to guarantee work for the CONSULTANT. The CONSULTANT may submit
proposals for any professional services for which proposals may be publicly solicited by
the CRA outside of this Agreement.
C. The parties agree that any future agreement for each specific CRA
project will incorporate a fee structure, as outlined in the applicable Request for
Statements of Qualifications, based upon a Lump Sum Fee or an HourlylNot to Exceed
Fee.
D. The CRA agrees that it will furnish to the CONSULTANT plans and other
relevant. available data in the CRA files pertaining to the work to be performed as soon
as possible after issuance of each Notice to Proceed.
E. The CONSULTANT will submit a proposal upon the CRA's request prior
to the issuance of a Scope of Work and/or Notice to Proceed. No payment will be made
for the CONSULTANT's time and services in connection with the preparation of any
such proposal. Fees for pre-construction and construction services shall be negotiated
separately for each project.
F. The CRA agrees to designate, when necessary, a representative who
shall examine the documents submitted by the CONSULTANT and shall render
decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the
CONSULTANTS services.
3. TERM AND TERMINATION. The term of this Agreement shall commence
upon the Effective Date of this Agreement and shall be for one (1) year and shall
automatically renew for four (4) additional one (1) year terms unless either party
provides written notice of its desire not to extend the applicable term at least thirty (30)
days prior to the expiration date.
4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT
for any work shall be commenced upon written Notice to Proceed from the CRA and
shall be completed within the time based on reasonable determination, stated in the
Notice to Proceed.
5. COMPENSATION.
The CONSULTANT agrees to negotiate a lump sum -fee (when a scope of
services can be clearly outlined and the level of effort and cost of the work for those
services can be determined, and must include all wages, benefits, overhead, profit,
subconsultant fees, and expenses for the WORK and will not be increased unless there
is a change in the Scope of Work), an hourly/not-to-exceed fee (when a scope of
services cannot be clearly defined in terms of level of effort and cost of work or a defined
scope of services cannot be precisely defined, subject to the requirement that when
billings reach 75% of the not-to-exceed amount, the CONSULTANT must notify the CRA
in writing and provide an estimate of the level of effort to complete the work assigned
and it is within the CRA's sole and absolute discretion as to whether to continue
CONSULTANT'S services or terminate the services), or a combination of the two. Upon
agreement of a fee, the Executive Director of the CRA or his or her designee will issue a
written Notice to Proceed to the CONSULTANT.
6. PAYMENT.
The CRA will make monthly payments or partial payments to the CONSULTANT
for all authorized WORK performed during the previous calendar month within thirty
(30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the
Executive Director or his or her designee and provide the following information:
1. The amount of the invoices submitted shall be the amount due for all WORK
performed to date as certified by the CONSULTANT.
2. The request for payment shall include the following information:
a. Total Contract amount.
b. Percent of work complete.
c. Amount earned.
d. Amount previously billed.
e. Amount due this invoice.
f. Summary of work done this billing Period.
g. Invoices number and date.
h. Purchase Order number.
7. OWNERSHIP OF DOCUMENTS
All reports and reproducible plans, and other data developed by the
CONSULTANT for the purpose of this Agreement shall become the property of the CRA
without restriction or limitation in connection with the owners use and occupancy of the
project. Reuse of these documents without written agreement from the CONSULTANT
shall be at the CRA'S sole risk and without liability and any legal exposure to the
CONSULTANT.
8. COURT APPEARANCES, CONFERENCES AND HEARINGS
Nothing in this contract shall obligate the CONSULTANT to prepare for or appear
in litigation on behalf of the CRA, except in consideration of additional compensation,
and except for any dispute arising out of this contract. The amount of such
compensation shall be mutually agreed upon receipt of written authorization from the
Executive Director prior to performance of a court appearance and conference.
The CONSULTANT shall confer with the CRA at any time during construction of
the improvements herein contemplated as to interpretation of plans, correction of errors
and omissions and preparation of any necessary plan thereof to correct such errors and
omissions or clarify without added compensation.
9. AUDIT RIGHTS
The CRA reserves the right to audit the records of the CONSULTANT related to
this Agreement at any time during the execution of the WORK included herein and for a
period of one year after final payment is made.
10. SUBLETTINGI ASSIGNING
The CONSULTANT shall not sublet, assign, or transfer any WORK under this
Agreement without the prior written consent of the CRA.
11. DEFAULT
In the event. either party fails to comply with the provisions of this Agreement, the
aggrieved party may declare the other party in default and notify such party in writing,
providing a reasonable time to cure the default but no less than seven (7) days unless it
is an emergency situation. In the event the default is not timely cured, the Agreement
may be terminated and the CONSULTANT will only be compensated for any
professional services actually performed. In the event partial payment has been made
for such professional services not performed, the CONSULTANT shall return such sums
to the CRA within ten (10) days after notice that said sums are due.
12. INSURANCE AND INDEMNIFICATION
The CONSULTANT shall not commence WORK on this Agreement until it has
obtained all insurance required under this Agreement and such insurance has been
approved by the CRA. All insurance policies shall be issued by companies authorized to
do business under the laws of the State of Florida. The CONSUL T ANT shall furnish
Certificates of Insurance to the CRA's representative. The Certificates shall clearly
indicate that the CONSULTANT has obtained Insurance of the type, amount, and
classification as required for strict compliance with this Agreement and that no material
change or cancellation of the insurance shall be effective without thirty (30) days prior
written notice to the CRA's representative. Compliance with the foregoing requirements
shall not relieve the CONSULTANT of its liability and obligations under this Agreement.
CONSULTANT shall, at its sole expense, agree to maintain in full force and
effect at all times during the life of this Contract, insurance coverages, limits, including
endorsements, as described herein. The requirements contained herein, as well as
CRA's review or acceptance of insurance maintained by CONSULTANT, are not
intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by CONSULTANT under the contract. By virtue of this Agreement, CRA's
indemnification obligations shall not exceed the statutory limits described within Section
768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity
rights.
A. PROFESSIONAL LIABILITY
CONSULTANT shall agree to maintain Professional Liability, or equivalent Errors
& Omissions Liability at a limit of liability not less than $1,000,000 Per
Occurrence. When a self-insured retention (SIR) or deductible exceeds $25,000
the CRA reserves the right, but not the obligation, to review and request a copy
of CONSULTANT'S most recent annual report or audited financial statement. For
policies written on a "Claims-Made" basis, CONSULTANT warrants the
Retroactive Date equals or precedes the effective date of this contract
(Certificate of Insurance shall sDecifv: Retro date - Full Drior acts coveraae
aDDlies). In the event the policy is canceled, non- renewed, switched to an
Occurrence Form, retroactive date advanced; or any other event triggering the
right to purchase a Supplemental Extended Reporting Period (SERF) during the
life of this Contract, CONSULTANT shall agree to purchase a SERF with a
minimum reporting period not less than three (3) years. CONSULTANT shall
agree this coverage shall be provided on a primary basis. The Certificate of
Insurance must indicate whether coverage is written on an occurrence or claims-
made basis and must indicate the amount of any SIR or deductible.
B. COMMERCIAL GENERAL LIABILITY. AUTOMOBILE LIABILITY AND
WORKERS' COMPENSA liON
CONSULTANT shall agree to maintain Commercial General Liability at a limit of
liability not less than $1,000,000 Each Occurrence.
CONSULTANT shall agree to maintain Business Automobile Liability at a limit of
liability not less than $1,000,000 Each Occurrence for all owned, non-owned and
hired automobiles. In the event CONSULTANT does not own any automobiles,
the Business Auto Liability requirement shall be amended allowing
CONSULTANT to agree to maintain only Hired & Non-Owned Auto Liability. This
amended requirement may be satisfied by way of endorsement to the
Commercial General Liability, or separate Business Auto coverage form.
CONSULTANT shall agree this coverage shall be provided on a primary basis.
CONSULTANT shall agree to maintain during the life of this Agreement,
Workers' Compensation Insurance and Employer's Liability in accordance with
Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be
provided on a primary basis.
C. UMBRELLA OR EXCESS LIABILITY
If necessary, CONSULTANT may satisfy the minimum limits required above for
either Commercial General Liability, Business Auto Liability, and Employer's
Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess
Liability shall have an Aggregate limit not less than the highest 'Each
Occurrence" limit for either Commercial General Liability, Business Auto Liability,
or Employer's Liability. The CRA shall be specifically endorsed as an "Additional
Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance
notes the Umbrella or Excess Liability provides coverage on a "Follow-Form"
basis.
D. ADDITIONAL INSURED
CONSULTANT shall agree to endorse the CRA as an Additional Insured to the
Commercial General Liability. The Additional Insured endorsement shall read
"Boynton Beach Community Redevelopment Agency." (Project
). CONSULTANT shall agree the Additional Insured
endorsements provide coverage on a primary basis.
E. WAIVER OF SUBROGATION
CONSULTANT shall agree, by entering into this Contract, to a Waiver of
Subrogation for each required policy. When required by the insurer, or should a
policy condition not permit an Insured to enter into a pre-loss agreement to waive
subrogation without an endorsement, then CONSULTANT shall agree to notify
the insurer and request the policy be endorsed with a Waiver of Transfer of
Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation
requirement shall not apply to any policy, which a condition to the policy
specifically prohibits such an endorsement, or voids coverage should
CONSULTANT enter into such an agreement on a pre-loss basis.
F. CERTIFICATE OF INSURANCE
Immediately following the Effective Date of this Agreement, CONSULTANT shall
agree to deliver to the CRA a Certificate(s} of Insurance evidencing that all types
and amounts of insurance coverages required by this Agreement have been
obtained and are in full force and effect. Such Certificate(s} of Insurance shall
include a minimum thirty (3D) day endeavor to notify due to cancellation or non-
renewal of coverage.
G. RIGHT TO REVIEW
CRA reserves the right to review, modify, reject or accept any required policies of
insurance, including limits, coverages, or endorsements, herein from time to time
throughout the life of this Contract. CRA reserves the right, but not the obligation,
to review and reject any insurer providing coverage because of its poor financial
condition or failure to operate legally.
H. INDEMNIFICATION
The CONSULTANT shall indemnify and save harmless and defend the CRA, its
officers, agents, servants, and employees from and against any and all claims,
liability, damages, losses, andlor causes of action including reasonable
attorneys' fees, which may arise from any breach of contract or any negligent act,
error or omission of the CONSULTANT its officers, employees, agents, sub-
consultants or anyone acting pursuant to their authority and control in the
performance of this Contract. The indemnity obligations of this Agreement shall
not apply to damages or injury to the extent caused by the negligence or willful
misconduct of CRA, or its officers, employees, agents, or third parties or anyone
acting pursuant to their authority and control. However, any indemnification
obligation of the CRA shall not exceed the statutory limits described within
Section 768.28, Florida Statutes, and CRA does not otherwise waive. its
sovereign immunity rights.
13. CODES, ORDINANCES AND LAWS.
The CONSULTANT agrees to abide and be governed by all CRA, County, State
and Federal codes, ordinances and laws which may have a bearing on the WORK
involved on this project. Unless otherwise provided, this Agreement shall be governed by
the law of the principal place of business of the CONSUL T ANT.
14. ENTIRETY OF AGREEMENT.
This writing embodies the entire Agreement and understanding between the
parties hereto, and there are no other Agreements and understandings, oral or written,
with reference to the subject matter hereof that are not merged herein and superseded
hereby.
15. MODIFICATION OF AGREEMENT.
No alteration, change, or modification of the terms of this Agreement shall be
valid unless mad~ in writing and signed by both parties hereto, upon appropriate action
by the CRA.
16. MEDIATION.
The parties to this Agreement desire to avoid the expense and delay caused by
the filing of lawsuits. Therefore, it is agreed that in the event of any dispute or
disagreement between the parties that a jointly-selected mediator shall conduct a
mediation prior to the filing of a lawsuit in an effort to resolve the issue(s) with each party
to pay 50% of the mediator's fees.
17. VENUE.
In the event any disputes arising out of this Agreement cannot be worked out by
mediation, any and all lawsuits shall be filed in the 15th Judicial Circuit Court in and for
Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S.
Federal Court.
18. ATTORNEY'S FEES AND COSTS.
Should it be necessary to bring an action to enforce any of the provisions of this
Agreement, reasonable attorney's fees and costs, including those at the appellate level,
shall be awarded to the prevailing party.
19. COUNTERPARTS.
This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
20. PRIOR AGREEMENTS.
Any prior agreements between the parties that are in conflict with the provisions
contained herein are, to the extent of any such conflict, hereby superseded and repealed
by this Agreement.
21. NON-DISCRIMINATION.
The CONSULTANT warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, sex, age, or national
origin.
22. SEVERABILITY.
If any term or provision of this Agreement, or the application thereof to any
person or circumstance shall, to any extent, be held invalid or unenforceable, the
remainder of this Agreement or the application of such terms or provisions, to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected, and every other term and provision of this agreement shall be deemed valid
and enforceable to the extent permitted by law.
23. ASSIGNMENT OF SUBCONTRACTORS.
The CONSUL T ANT reserves the right to assign subcontractors with reasonable
prior notice to the CRA Executive Director to this project to insure the quality of the job
as well as on-time completion. However, the CONSULTANT shall remain responsible for
the completion of the terms of this Agreement.
24. NOTICE.
All notices required in this Agreement shall be considered delivered when
received by certified mail, return receipt requested, or personal delivery and if
sent to the CRA, shall be mailed to:
Lisa A. Bright, CRA Executive Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, FL 33435
Wrth a copy to:
Kenneth G. Spillias, Esq.
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, FL 33401
If sent to the CONSULTANT, shall be mailed to:
Hedrick Brothers Construction
Benjamin Clemens, Vice President Operations
2200 Centrepark West Drive, Suite 100
West Palm Beach, Florida 33409
25. PUBLIC ENTITY CRIMES SWORN STATEMENT.
The CONSULTANT, by its execution of this Agreement, acknowledges and
attests that neither the CONSULTANT, nor any of its suppliers, subcontractors,
or consultants who shall perform work which is intended to benefit the CRA, is a
convicted vendor or, if the CONSULTANT or any of its affiliates has been
convicted of a public entity crime, a period longer than 36 months has passed
since that person was placed on the convicted vendor list. CONSULTANT further
understands and accepts that this Agreement shall be either voidable by the
eRA or subject to immediate termination by the CRA, either in the event there is
any misrepresentation or lack of compliance with the mandates of section
287.133, Florida Statutes. CRA, in the event of such termination, shall not incur
any liability to CONSULTANT for any work or materials furnished.
26. EFFECTIVE DATE.
This Agreement shall be effective as of the last date it has been executed by all
parties.
By authority of the CRA Board
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
WITNESS:
~~: ~7ii!;::
Date. ..... i"..... 0
~~~ "-
w~
"A AA,td~9-
WITNESS:
CONSULTANT - Hedrick Brothers
constru~ /4
By: ~At..€ Hen/Giclt-
Its: P1lK7 DeNT
Date: 1011~11J'1
. ,
~~.Ml~~~./
WITNESS:
~~l~UIlL
RECa MEND APPROVAL:
APPROVED AS TO FORM & LEGAL
SUFFICIENCY:
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City- Approved GC's for Home Improvement Program
IGENERALCONTRACTORS
~SSET CORPORATION
J.tust Office Box 7123
Delray Beach, FL 33484
PHONE 495-1110 FAX 495-8329
CELL 561-302-3340 Contact - Toks
CRAFTSMAN PLUS, INC.
4615 Haverhill Road, Lake Worth, FL 33463
CELL 386-5172 FAX 642-5022
Contact - Mark Antista
GRACE CONSTRUCTION
Post Office Box 9
Belle Glade, FL 33430
PHONE 561-996-1832 FAX 561-996-1834
CELL 561-261-9757 Contact - Judson Dulany
J It S Construction
300 S.E. 5th Avenue #3160
Boca Raton, FL 33432
CELL 561-400-9423 FAX 561-347-8403
Contact - Steve Wolkoff
. ~ES CONSTRUCTION. DEVELOPMENT
4775 Valencia Drive, Delray Beach, FL 33445
PHONE 638-6500 FAX 866-390-1443
CELL 809-2449 Contact- Bob Joines
M . A BUILDERS
3360 N.W. 21st Street
Lauderdale Lakes, FL 33311
PHONE 954-275-5215 FAX 954-583-4755
Contact - James Allen
MacDONALD CONSTRUCTION CO.
1168 S.W. 18th Street
Boca Raton, FL 33486
PHONE/FAX 561-367-0350
CELL 561-929-3480 Contact - Scott MacDonald
MTW CONSTRUCTION. DEVELOPMENT
Post Office Box 6606
Delray Beach, FL 33482-6606
PHONE 272-0305 FAX 330-7612
CELL 289-0076
Contact - Rich Picardi
CO TEK, INe.
Post Office Box 540143, Greenacres, FL 33454
PHONE 307-8766 FAX 963-2099
Contact - John Rizzotti
,
PRESTIGE BUILDERS CORPORATION
15958 N.W. 82nd Place
Miami Lakes, FL 33016
PHONE 305-821-5498 FAX 305-826-8856
CELL 786-253-4411 Contact - Peter Koerber
RAY GRAEVE It SONS CONSTRUCTION, INC
7739 Hilltop Drive
Lake Worth, FL 33463
PHONE 432-5690 FAX 866-770-0328
CELL 436-4933
Contact - Ray Graeve
RJS CONSTRUCTION GROUP
17109 81stLane North, Loxahatchee, FL 33470
PHONE 795-4712 FAX 795-4715 CELL 755-1590
Contact - Rob Sorensen
SELECT BUILDERS INTERNATIONAL
641 N.W. 9th Court
Boynton Beach, Florida 33426
PHONE 827-7444 FAX 736-7444
Contact - Owen Dixon
SHORTDOG CONSTRUCTION SERVICES
4802 Eugenia Drive
Palm Beach Gardens, FL 33418
PHONE 441-5277 CELL 234-6990
Contact - Roberto Gonzales
SIP COMMUNITY HOMES, INC.
1963 10th Avenue North, Lake Worth, FL 33461
PHONE 586-5346 FAX 588-9199
Contact - Kurt (rehab) 601-9164
Joe (roofing) 772-9976
SUN BAND BUILDERS
Post Office Box 7772
Delray Beach, FL 33482
PHONE 8891608 FAX 278-3853
CELL 577-4608
Contact - Dan Morgan
STARMARK PROPERTIES, INC.
750 East Sample Road, Suite 232
Pompano Beach, FL 33064
PHONE 954-784-1988 FAX 954-784-2370
Contact - Michael 754-235-6806
Contractor not on active bid list due to lack of bids
I ROOFING CONTRACTORS
1 L ROOFING
b30 Industrial Avenue
Boynton Beach, FL 33426
PHONE 736-7211 FAX 736-1977
I For Roofing, see also under GENERAL
. ABISSET CORPORATION
. CRAFTSMAN PLUS, INC.
. SIP COMMUNITY HOMES INC.
aka Weather- Tite Roofing
. SUN BAND BUILDERS
I PAVING CONTRACTORS
KILBOURNE a. SONS ASPHALT
255 N.E. 2nd Avenue
Delray Beach, FL 33444-3705
PHONE 498-7040 FAX 498-5173
Contact - Steve Dolan
.. - 4l M ASPHALT MAINTENANCE
" _.I. East Coast Drive North
Lantana, FL 33462
PHONE 588-0949 FAX 588-2140
THE PAVING LADY
1000 Industrial Avenue
Boynton Beach, Florida 33426
PHONE 572-2600 FAX 572-2601
Contact - Holly (estimator)
llC CONSTRUCTION
4853 Cypress Drive South
Boynton Beach, FL 33436
PHONE 736-3561 FAX 736-3616
Contact - John Churey, Jr.
CONCRETE ONLY
I GRASS
"IlUMS SOD, INC.
I' State Road 7
West Palm Beach, FL 33414
PHONE 795-9093 FAX 793-5100
Contact - Jim Hammond
I I
I
I
I
PLUMBING
I
CARL ALDRIN PLUMBING
127 Yacht Club Way, #111
Hypoluxo, FL 33463
CELL 436-8704
CRAFTSMAN PLUS, INC.
4615 Haverhill Road, Lake Worth, FL 33463
CELL 386-5172 FAX 642-5022
Contact - Mark Antista
WELL DIGGING
I
ASSOCIATION WATER WELL, INC.
651 N.E. 34th Street, #9
Pompano Beach, FL 33064
PHONE (954) 785-6266
FAX (954) 782-1773
Contact - Michael McIntyre
I ELECTRICIANS
I
BRADSHAW ELECTRIC
236 19th Avenue North
Lake Worth, FL 33460
PHONE 582-8623 CELL 373-9085
Contact - Mike Bradshaw
CND ELECTRIC, LLC
3885 Edgar Avenue
Boynton Beach, Florida 33436
PHONE 635-4893
Contact - Norm Douglas
SOUTHERN ELECTRIC
4587 Franwood Drive
Delray Beach, FL 33445
PHONE 498-2255 PAGER 554-1526
CELL 702-5022
Contact - Pat Keen
OK ELECTRIC, INC.
170 Arlington Road
West Palm Beach, FL 33405
PHONE 856-2878 FAX 493-3816
Contact - Kelly Fagan
I CONTRACTORS NOT AT PRESENT BIDDING I
\.M. INDUSTRIES, INC.
LL5 S.E. 5th Avenue, Boynton Beach, FL 33435
PHONE 737-2383 FAX 737-7888
Contact - Jeff Moretto
BAILEY'S HOME IMPROVEMENT
402 E. Ocean Avenue, Boynton Beach, FL 33435
PHONE 732-1213 FAX 732-5227
*NO LONGER WISHES TO RECEIVE BIDS
BEJAI P. MANGAR
19844 S.W. 116th Avenue, Boca Raton, FL 33498
PHONE 561-487-8614
BROOK'S CONSTRUCTION CO., INC.
1349 W. 35th Street, Riviera Beach, FL 33404
PHONE 693-2571 FAX 693-2414
CELL 308-1166
Contact - Jonathan Brooks Jr.
THE CARPENTER'S SON, INC.
~ ,S.W. 7th Avenue, Boynton Beach, FL 33435
. . ~ONE 452-2191 FAX 375-9502
Contact - Roderick MClendon
FIRST CHOICE CORPORATION
P. O. Box 273424, Boca Raton, FL 33427
PHONE 420-0078
GARY R. VON HUSEN
1117 N. Palm Way
Lake Worth, FL 33460
PHONE/FAX 582-7927 CELL 662-2147
*NO LONGER WISHES TO RECEIVE BIDS
PAUL HENSEL
221 S.W. 32nd Ave., Deerfield Beach, FL 33442
PHONE (954) 570-7344
HORIZON ROOFING, INC.
401 Perry Avenue, Lake Worth, FL 33463
PHONE 732-0656 Contact - Doug Heinke
,~. MARLOW, GENERAL CONTRACTOR
580 S. Dixie Highway, Lantana, FL 33462
PHONE 737-0076
PIGNATO-MEEKS CONTRACTORS
2200 4th Avenue North, Lake Worth, FL 33461
PHONE 585-3630 FAX 585-8851
JEFFREY THOMAS MURPHY BUILDERS
109 Canton Road, Lake Worth, FL 33467
PHONE 967-7694 FAX 967-2855
HATCHER CONSTRUCTION a.
DEVELOPMENT
400 W. Atlantic Ave., Suite 2B, Delray Beach, FL
33444 CELL 441-1400
PHONE 330-2621 FAX 330-2670
Contact- William Hatcher
MASTER CONTRACTORS
7602 Kingsley Court, Lake Worth, FL 33467
PHONE 848-0178 FAX 848-0954
Contact - Sandra Puerta
**NO LONGER ALLOWED TO BID
KING KAMREN INDUSTRIES
1239 Brown Road, Hypoluxo, FL 33462
PHONE 502-1052 FAX 588-0290
Contact - Lamont Robinson
SOLUTIONS REMODELING
2787 N.W. 29th Place, Oakland Park, FL 33311
PHONE (954) 822-2493
FAX (954) 535-0137 CELL (954) 822-2493
Contact - Abel Crean
SRJ CONSTRUCTION CORPORATION
6250 W. Oakland Park Blvd., Suite 15
Sunrise, FL 33313
PHONE (954) 578-9117 FAX (954) 578-9118
Contact- Stanley Remy Joseph
.............
". - .
Date:
03/28/2008
Completing Officer:
Vehicle #
Vehicle #
CRA UNIT MONTHLY
.
MonthlYear: March 2008
Sgt DeGiulio
Beginning Mileage:
Beginning Mileage:
Mileage Total:
Mileage Total:
Total Hours Worked: 360
Total Hours (vac/comp/personal/auth leave):
Reports:
Burglary:
Alarms:
Suspicious Person:
Suspicious Vehicle:
Stolen Vehicle:
Assault:
Narcotic Related:
Parking Citations:
Total Traffic Contacts:
Community Service:
Business Owner Visits: 40
Citizen Interactions:
Referrals Total:
Other Departments:
Other Information:
40
Total Arrests:
26
Police Assists:
Other Thefts:
Other:
3
Other Recovered Property:
Weapons Related:
Vehicle Towed:
2
30
4
Civil Assist:
Abandoned Vehicle:
Recovered Vehicle:
Battery:
Domestic Violence:
Vandalism:
15
Citations:
Warnings:
2
5
AAR's:
PAR's:
14
Crashes:
Disturbance:
5
Total Community Meetings:
Attended:
2
Organized:
Other Contacts:
City:
CRA:
Explain:
HOB and CRA Board meetings
Other:
Selective Traffic Enforcement (MLK Corridor and Fed Hwy)
Bike patrols in Marina Village, Ocean Ave Corridor, Mangrove Park, Boat Club Park,
Jay-Cee Park, Sara Sims, Carolyn Sims Center, and other areas in the District (27miles).
Juvenile warrant sweeps
Surveillance on 2 drug houses, 3 businesses, and I motel
Homeless camp identification initiative. Contact wi property owner of vacant land used
by homeless;'trespass affidavit handed out.
Assisted the Maine Unit in patrols on the ICW, Maina District, and finger canals.
03/19/2008
08-13837
03/20/2008
08-13965
08-14008
03/21/2008
08-14117
08-14117
03/22/2008
08-14233
W/JK{} 1m II
03/26/2008
08-15036
03/27/2008
08-15127
08-15153
03/28/2008
08-15353
03/29/2008
08-15497
08-15521
08-15513
08-15516
a
. ~}'EEKL}' T07>IL
04/02/2008
08-016202
04/03/2008
08-016291
08-016283
04/04/2008
08-016439
08-016448
08-016484
08-016449
04/05/2008
08-016616
08-016619
08-016640
08-016484
/l'U 11./ }' /0/ 1/
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FLORIDA
REDEVELOPMENT
ASSOCIATION
President
Kim Briesemeister,
West Palm Beach CRA
Immediate Past President
Jeffrey Oris, CEcD,
Martin County
President Elect
J. Gary Rogers,
Lauderdale Lakes CRA
Treasurer
Rochelle W. Lawandales, AICP,
Lawandales Planning Affiliates, Inc.
Elected Official Liaison
Joy F. Cooper,
Mayor, Hallandale Beach
At Large Members
James Carras,
Carras Community Investment, Inc.
Kurt Easton, IBI Group
Dennis Haynes,
Burkhardt Construction
Robert Ironsmith, Dunedin CRA
Georgia Katz, St. Johns County
Dottie Keedy, Lake County
Steve Lindorff,
Jacksonville Beach CRA
Don Paight, Ft. Myers CRA
Vince Pardo,
Ybor City Development Corp.
Michael Parker, Tallahassee CRA
Paul Rutledge,
Casto Lifestyle Properties
Tamara Sakagawa, Lakeland CRA
Richard D. Sala, North Lauderdale
Rick Stauts, Florida City CRA
General Counsel
David Cardwell,
The Cardwell Law Firm
Post Office Box 1757
Tallahassee, Florida 32302-1757
(850) 222-9684
Fax (850) 222-3806
www.redevelooment.net
Building Better Communities in Florida
March 26, 2008
The Honorable Jeff Atwater
Room 406, Senator Office Building
404 S. Monroe St.
Tallahassee, Fla. 32399
Dear Senator Atwater,
On behalf of the City of Boynton Beach, we are asking for your support of our local
CRA along with the 140 other CRAs throughout the state.
We respectfully ask that you oppose SB 1528 which seeks to dissolve more than 130
CRAs throughout the state, including the City of Boynton Beach
The Boynton Beach CRA has the following projects of interest:
The Boynton Beach Promenade and Extension - To energize an Durban
renaissance in the making, the Boynton Beach CRA oversaw the development of a
lA-acre Boulevard extension and waterfront promenade just north of the vibrant
downtown and marina district. The CRA used a qualifications-based selection
process to partner with a design/build team with exceptional streetscape
beautification experience on the $13 million project. Bordering the Intracoastal
Waterway and adjacent to a natural preserve, the promenade provides an area for
visitors to enjoy scenic walking trails, a seating area lined with a canopy of white,
five-point "Sunami Shade" structure, and a new waterfront venue for special events.
The Preserve - Affordable Housing Subsidy of 50 units out of a 180 unit Project.
Contributed to the Boynton Beach CRA and City of Boynton Beach being one of the
two municipalities out 38 in Palm Beach County to win the PBC Housing Leadership
Council Innovation and Housing Leadership A ward.
Boynton Beach CRA Trolley Program - complies with TCEA requirements and
serves both the northern and southern portion of the CRA District including all metro
stops, hospital and regional mall shopping. In less than two years, ridership of this
program is over 7,000 of Boynton Beach citizens specifically the elderly and
underserved. This is paid for from General Fund Agency revenues.
Please visit our web site at: www.boyntonbeachcra.com which will include a link to
the trolley web site.
These are just a few of the numerous examples of how our local CRA and others
throughout the state have made improvements to hundreds of communities. To pa<>s
a law to dissolve them would be shortsighted.
We also ask that you support SB 2518 which seeks to add a clearer process of
reporting for Florida's CRAs. It also seeks to clarify which expenditures are
appropriate within a CRA.
CRAs provide communities with a better economy through improved infrastructure,
job opportunities and housing. Our goal is to make the City of Boynton Beach safer
for residents, to preserve and grow business, and to provide a sense of place for all its
residents.
The Honorable Jeff Atwater
March 26, 2008
Page Two
Redevelopment is a wise investment, especially during tough economic times. We ask that the Florida
Legislature recognize that CRAs work in communities' best interests, creating unity and ensuring the overall
vitality of a city.
We would be happy to provide you with additional information and meet with you on these issues. Please call
Lisa Bright at (561) 737-3256 or contact her at brightl@ci.boynton-beach.fl.us
Sincerely,
Ct+vJ~
Carol Westmoreland
Executive Director
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FLORIDA
REDEVELOPMENT
ASSOCIATION
President
Kim Briesemeister,
West Palm Beach CRA
Immediate Past President
Jeffrey Oris, CEcD,
Martin County
President Elect
J. Gary Rogers,
Lauderdale Lakes CRA
Treasurer
Rochelle W. Lawandales, AICP,
Lawandales Planning Affiliates, Inc.
Elected Official Liaison
Joy F. Cooper,
Mayor, Hallandale Beach
At Large Members
James Carras,
Carras Community Investment, Inc.
Kurt Easton, IBI Group
Dennis Haynes,
Burkhardt Construction
Robert Ironsmith, Dunedin CRA
Georgia Katz, St. Johns County
Dottie Keedy, Lake County
Steve Lindorff,
Jacksonville Beach CRA
Don Paight, Ft. Myers CRA
Vince Pardo,
Ybor City Development Corp.
Michael Parker, Tallahassee CRA
Paul Rutledge,
Casto Lifestyle Properties
Tamara Sakagawa, Lakeland CRA
Richard D. Sala, North Lauderdale
Rick Stauts, Florida City CRA
General Counsel
David Cardwell,
The Cardwell Law Firm
Post Office Box 1757
Tallahassee, Florida 32302-1757
(850) 222-9684
Fax (850) 222-3806
www.redevelovment.net
Building Better Communities in Florida
March 26, 2008
The Honorable Jeff Atwater
Room 406, Senator Office Building
404 S. Momoe St.
Tallahassee, Fla. 32399
Dear Senator Atwater,
On behalf of the City of Boynton Beach, we are asking for your support of our local
CRA along with the 140 other CRAs throughout the state.
We respectfully ask that you oppose SB 1528 which seeks to dissolve more than 130
CRAs throughout the state, including the City of Boynton Beach
The Boynton Beach CRA has the following projects of interest:
The Boynton Beach Promenade and Extension - To energize an Durban
renaissance in the making, the Boynton Beach CRA oversaw the development of a
lA-acre Boulevard extension and waterfront promenade just north of the vibrant
downtown and marina district. The CRA used a qualifications-based selection
process to partner with a designlbuild team with exceptional streetscape
beautification experience on the $13 million project. Bordering the Intracoastal
Waterway and adjacent to a natural preserve, the promenade provides an area for
visitors to enjoy scenic walking trails, a seating area lined with a canopy of white,
five-point "Sunami Shade" structure, and a new waterfront venue for special events.
The Preserve - Affordable Housing Subsidy of 50 units out of a 180 unit Project.
Contributed to the Boynton Beach CRA and City of Boynton Beach being one of the
two municipalities out 38 in Palm Beach County to win the PBC Housing Leadership
Council Innovation and Housing Leadership A ward.
Boynton Beach CRA Trolley Program - complies with TCEA requirements and
serves both the northern and southern portion of the CRA District including all metro
stops, hospital and regional mall shopping. In less than two years, ridership of this
program is over 7,000 of Boynton Beach citizens speciflCally the elderly and
underserved. This is paid for from General Fund Agency revenues.
Please visit our web site at: www.boyntonbeachcra.com which will include a link to
the trolley web site.
These are just a few of the numerous examples of how our local CRA and others
throughout the state have made improvements to hundreds of communities. To pass
a law to dissolve them would be shortsighted.
We also ask that you support SB 2518 which seeks to add a clearer process of
reporting for Florida's CRAs. It also seeks to clarify which expenditures are
appropriate within a CRA.
CRAs provide communities with a better economy through improved infrastructure,
job opportunities and housing. Our goal is to make the City of Boynton Beach safer
for residents, to preserve and grow business, and to provide a sense of place for all its
residents.
The Honorable Jeff Atwater
March 26, 2008
Page Two
Redevelopment is a wise investment, especially during tough economic times. We ask that the Florida
Legislature recognize that CRAs work in communities' best interests, creating unity and ensuring the overall
vitality of a city.
We would be happy to provide you with additional information and meet with you on these issues. Please call
Lisa Bright at (561) 737-3256 or contact her at bright1@cLboynton-beach.fl.us
Sincerely,
C4w~
Carol Westmoreland
Executive Director