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Agenda 05-13-08 --~ctYNT2~ eRA ';~11~t ",<<'@@'? A iIIiii East Side-West S.,de- Seaside 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 emure that a verbatim record of the proceedings is made, which record includes the testlmOIl\' and evidence upon which the appeal is to be based, CRA Board Meeting Tuesday, May 13, 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 M-Pac, May 16, 2008 from 6-9 PM at Oceanfront Park VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting - March 25, 2008 B. Approval of Minutes - CRA Board Special Meeting - April 1, 2008 C. Approval of Minutes - CRA Board Meeting - April 8, 2008 D. Approval of the Period Ended April 30, 2008 Financial Report E. Approval ofa Commercial Fayade Improvement Grant to Scully's Restaurant F. Approval of Funding $50,000 from the Homebuyers Assistance Program to Brian and Stephanie McCluney G. Approval of Holiday Extravaganza Parade Route H. CRA Policing District Stats for the Months of March and April 2008 (Info. Only) I. Boynton Beach Arts Commission Meeting Minutes - April 22, 2008 (Info. Only) J. INCA Meeting Minutes n February 11, 2008 (Info. Only) K. Boynton Beach CRA and Trolley Website Updates (Info. Only) VII. Pulled Consent Agenda Items: VIII. Public Comments: (Note: comments are limited to 3 minutes in duration) IX. Public Hearing: Old Business: New Business: A. Consideration of Transferring CRA Owned Property Located at 219 NW 11 th A venue to Develop an Affordable Single-Family Home X. Old Business: A. Consideration of Purchasing City Properties within MLK Corridor Project Area B. Continuing Services Contracts C. Consideration of Revised Contract for the Purchase of Property Located at 114 NE 5th Ave XI. New Business: A. Consideration of Police Athletic League's (PAL) Request of Funding to Send Boynton Beach Basketball Team to the National Competition B. Consideration of Work Order # 07-124.6700 with MSCW for Slip Engineering and Design for Boynton Harbor Marina C. Consideration of Work Order # 07013.1 with Hedrick Brothers for Value Engineering Services Relating to the Design of 211 East Ocean Avenue D. Consideration of Issuing an RFQ to Conduct a Feasibility and Economic Benefit Analysis for Various Sites for a New City Hall and the Design of an Incentive Package to Attract Office Tenants to Downtown E. Consideration of Providing Financial Assistance to the Developers of Gulfstream Mall Site to Purchase Platinum Gold XII. Future Agenda Items XIII. Comments by Staff XIV. Comments by Executive Director XV. Comments by CRA Board Attorney XVI. Comments by eRA Board XVII. Adjournment "" ~!II~~Y~Te~ 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. SECOND REVISION CRA Board Meeting Tuesday, May 13, 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 M-Pac, May 16,2008 from 6-9 PM at Oceanfront Park VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting - March 25,2008 B. Approval of Minutes - CRA Board Special Meeting - April 1, 2008 C. Approval of Minutes - CRA Board Meeting - April 8, 2008 D. Approval of the Period Ended April 30, 2008 Financial Report E. Approval of a Commercial Fayade Improvement Grant to Scully's Restaurant F. Approval of Funding $50,000 from the Homebuyers Assistance Program to Brian and Stephanie McCluney G. Approval of Holiday Extravaganza Parade Route H. CRA Policing District Stats for the Months of March and April 2008 (Info. Only) I. Boynton Beach Arts Commission Meeting Minutes - April 22, 2008 (Info. Only) J. INCA Meeting Minutes - February 11,2008 (Info. Only) K. Boynton Beach CRA and Trolley Web site Updates (Info. Only) VII. Pulled Consent Agenda Items: VIII. Public Comments: (Note: comments are limited to 3 minutes in duration) IX. Public Hearing: Old Business: New Business: A. Consideration of Transferring CRA Owned Property Located at 219 NWll th Avenue to Develop an Affordable Single-Family Home X. Old Business: A. Consideration of Purchasing City Properties within MLK Corridor Project Area B. Continuing Services Contracts C. Consideration of Revised Contract for the Purchase of Property Located at 114 NE 5th Ave XI. New Business: A. Consideration of Police Athletic League's (PAL) Request of Funding to Send Boynton Beach Basketball Team to the National Competition B. Consideration of Work Order # 07-124.6700 with MSCW for Slip Engineering and Design for Boynton Harbor Marina C. Consideration of Work Order # 07013.1 with Hedrick Brothers for Value Engineering Services Relating to the Design of 211 East Ocean Avenue D. Consideration of Issuing an RFQ to Conduct a Feasibility and Economic Benefit Analysis for Various Sites for a New City Hall and the Design of an Incentive Package to Attract Office Tenants to Downtown Eo Consideration of Providing Financial Assistancc to the De';clopcrs of Gulfstreum Mall Site to Purchase Platinum Gold E. Consideration of Purchasing the Adult Cabaret License and Liquor License of Platinum Gold XII. Future Agenda Items XIII. Comments by Staff XIV. Comments by Executive Director XV. Comments by CRA Board Attorney XVI. Comments by CRA Board XVII. Adjournment v. ANNOUNCEMENTS: A. Oceanfront Concert by M-Pac ...\VLr;:: I ~.~~< /,"::, ' ~1'~~<1Y~T8~ieRA _ East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: May 13,2008 I X I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Announce the upcoming Oceanfront Concert (Info. Only) SUMMARY: On Friday, May 16,2008, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post will present an Oceanfront Concert, featuring the band M-Pac with music covering the 60's, 70's and 80's and 90's, including disco, R&B and all your favorite hits. 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 corner ofUS1 and East Ocean Avenue. The shuttle runs from 5:30 PM - 9:30 PM. FISCAL IMPACT: None (Info. Only) CRA PLAN, PROGRAM OR PROJECT: Ocean District Plan RECOMMENDATIONS: N/A 7 ;J -- . j< 'i. ~:6 1;: /' .<<.< . ' /;~vf /I(J{/~1-~ A.. Kathy Biscuiti Special Events Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 05 13 CRA Board Meeting May\Oceanfront.doc ~ ( CEANF ONT Boynton Beach OCEANFRONT CONCERT SERIES Friday May 16. 2008 6:00 PM to 9:00 PM Oceanfront Park 6'f15 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 Federal Highway. Shuttle runs from SdO PM to 9dO PM. Bring your folding chairs and prepare to dance the night awayl Food 6- Drinks available. For Information call: 561-7lf2-62lt6 or 737.:ij256. 1I!!lN:~8l: RA Ii East Side-West Side-Seaside Ilenalssance . -- -~'''-(.- "'-c~)fl Palmlea(hP'ost.com CEANFONT -----n' --""'"'f'.-f". "'-' .-.,. . ee ".. -. ...r-.. .s:. Join us next year for a great line up of music including Rhythm & Blues, Island Music, Big Band, Oldies and much more.... January 16, 2009 March 20, 2009 April 17, 2009 May 15, 2009 For event information I call:561-742-6246 or visit www.boyntonbeachcra.com I!!I~qY~TelRA . East Side-West Side-Seaside Renaissance l_ ,COASTAL l'XRK y * South of Gateway Bo\ll~vcu Ide from Bank of America Federllt :NDORS ON SIT pets or personal fire ore Information call 561.74..6246 9 on to ~yntonbeachcra:~com .',~. ~."""''W~''',~',:~~~j~,~" , ,"t' i,l'lm.~u~ .1 eRA 2008 HOLIDAY PARADE ROUTE ME 13TH AVlEji ME 13TH AVI! Ii; IlE.l3TH AVIE SOUTH ItD 5 i lINIIHMS_v ME-12TH AVIE..t.. N1E'l2TH.AVIE-- 1- liE 12TH AVE f .. .. .. .. J .. i , HE 12T}l TII\ . ME lZ11i Tilt I . 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III i ! -, E OCEAN AVE ., sr....VE--- SE 2ND AVE Legend _ PondeR.... --. --.... __ ......--.18IT ~.~ ..... UIMI1IfG XXX IIOoUI CLOO. VI. CONSENT AGENDA: A. Approval of the Minutes: CRA Board Meeting - March 25, 2008 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD HELD ON TUESDAY, MARCH 25, 2008, AT 6:30 P.M., AT THE INTRACOASTAL PARK CLUBHOUSE, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director I. Call to Order Chair Taylor called the meeting to order at 6:32 p.m. II. Pledge of Allegiance to the Flag and Invocation The invocation was given by Mr. Hay, followed by the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda There were no additions, deletions or corrections. B. Adoption of Agenda Motion Mr. Hay moved approval. The motion was duly seconded and passed unanimously. V. Announcements and Awards None. Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 VI. Consent Agenda A. Approval of the Minutes - CRA Board Meeting - February 121 2008 B. Approval of the Minutes - CRA Board Special Meeting - January 24, 2008 C. Approval of the Period-Ended February 29, 2008 Financial Report D. Approval of Funding $50/000 from the Homebuyers Assistance Program to Bruce Warzoha E. Approval of Funding $50,000 from the Homebuyers Assistance Program to Stephen Wright and Nyasha Nedd F. Approval of Funding $50/000 from the Homebuyers Assistance Program to Brad and Sonya Shaw G. CRA Project Status Update (Information Only) (Pulled by Vice Chair Rodriguez) H. Wi-Fi Contract Update (Information Only) 1. INCA Meeting Minutes - January 14, 2008 (Information Only) J. Art in Public Places Master Planning Workshop Minutes - January 26, 2008 (Information Only) K. Boynton Beach CRA and Trolley Website Updates (Information Only) L. CRA Policing District Stats for the Months of January and February 2008 (Information Only) (Pulled by Mr. Hay) M. Boynton Beach Arts Commission Meeting Minutes - February 26, 2008 (Information Only) Motion Mr. Hay moved to approve the Consent Agendal with the exception of the items pulled. The motion was duly seconded and passed unanimously. VII. Pulled Consent Agenda Items: 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 G. CRA Project Status Update (Information Only) (Pulled by Vice Chair Rodriguez) Vice Chair Rodriguez requested an update on the Gulfstream Mall. Lisa Bright, Executive Director, advised the owner of the property was unaware of what he would be building in the current real estate market. Pursuant to the recommendation of Vice Chair Rodriguez, Ms. Bright would ensure a column entitled ''Target Date" would be added for CRA projects for the month of June 2008. L. CRA Policing District Stats for the Months of January and February 2008 (Information Only) (Pulled by Mr. Hay) Mr. Hay inquired as to the manner in which the crimes and arrest statistics were calculated. Ms. Bright advised the statistics were prepared by Lt. Harris' staff. She offered to provide the information at next month's meeting or by email.Mr. Hay noted email would be sufficient. VIII. Public Comments Mark Karageorge, 240A Main Boulevard, wondered whether the recommendations of the American Assembly Subcommittee, relating to the Economic Development Director's position, could be considered by the CRA board at the April 2008 meeting. Chair Taylor indicated this item would go before the City Commission for a decision, possibly in April. Peggy Miller, SunTrust Mortgage, thanked the board for making homeownership through the Homebuyers Assistance Program possible for her clients. No one else having come forward, Chair Taylor closed the public comments. IX. Public Hearing: Old Business: None New Business: A. Consideration of Disposing of CRA Owned Property Vivian Brooks, Assistant Director, advised the CRA had been actively pursuing single- family lots within the CRA district with the intent of developing them for affordable housing. To date, three properties were in the offing, one completed, one partially 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 completed and the third geared up for redevelopment. The board previously approved the acquisition of property located at 219 SE 11th Avenue in order to construct an affordable single-family home. It would be necessary to provide notice to the public for the disposal of the property in order for it to be redeveloped. The notice would be placed in the Palm Beach Post. Staff recommended approval of the issuance of the public notice. Motion Vice Chair Rodriguez moved approval. The motion was duly seconded and passed unanimously. X. Old Business: A. Brownfield Presentation by Greg Veday of Treasure Coast Regional Planning Council Chair Taylor noted the board previously recommended moving forward with designating the CRA as a Brownfield. Subsequent thereto, the board requested reconsideration. Chair Taylor advised publiC comments would be entertained following the presentation. Greg Veday, Economic Development Coordinator for Treasure Coast Regional Planning Council (TCRPC), provided an overview of the Brownfields Redevelopment Program, which included program benefits and successful projects. A Brownfield site denoted the expansion, redevelopment or reuse of real property, which could be complicated by actual or perceived environmental contamination. A Brownfield area represented a contiguous area of one or more Brownfield sites, some of which may not be contaminated, and which had been designated by a local government by resolution. A Brownfield was a redevelopment tool that resulted in economic development, community development, new job creation opportunities, and open space and green space projects. Brownfields also reduced the need to develop Greenfields, utilized existing infrastructure and reduced health and safety concerns. Florida's Brownfield program commenced with the designation of a Brownfield area and identification of responsible parties. A cleanup agreement would be required and the cleanup of the contamination site would be implemented. Thereafter, a No Further Action (NFA) Letter would be issued by the Department of Environmental Protection (DEP). A local government would be required to consider whether the Brownfield area warranted economic development, was reasonably focused, had potential interest to the private sector and was suitable for recreation or preservation. Mr. Veday discussed the Brownfield area designation process for local government. Other municipalities designating districts as Brownfields included Lake Worth and Fort Pierce. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 Benefits resulting from Brownfield designations included economic incentives, loan guarantees, rehabilitation agreements, regulatory framework for cleanup, a dedicated staff and liability protection. Economic incentives included a bonus refund for the creation of jobs, a loan guarantee program and a sales or use tax exemption on building materials. Available tax credits included Florida Corporate Tax Income, which could be transferred once and was capped annually at $2M. Other tax credit types were provided for site rehabilitation, No Further Action, affordable housing and solid waste. The Treasure Coast Brownfield Program incentives included environmental site assessment grants and a revolving loan fund for cleanup in the amounts of $50,000- $100,000 for subgrants, and more than $100,000 for low-interest loans. TCRPC had been working with the Village of North Palm Beach to create a waterfront park. Other successful projects included underground storage tank removal at the former Fina Gas Station in Belle Glade and workforce housing in Malibu Bay. Mr. Veday noted a developer could secure a Brownfield designation. However, the designation would be easier to secure through local government. The CRA board would determine whether the property was contaminated. Mr. Veday noted the bulk of TCRPC's experience had been with commercial and industrial areas, and they had frequently worked with CRAs. Discussion ensued with regard to residential areas, and Mr. Veday suggested that unless there were specific concerns of property owners, residential areas should not be exempted from being designated a Brownfield. Mr. Veday noted "perceived" was the operative word in determining environmental contamination. Developers would not simply perceive that an area was contaminated. A developer would have to have a vested interest. The board could establish special designations tonight and if any areas were omitted, they could be addressed at another time. Discussion ensued as to studies made with respect to the impact on property in close proximity to Brownfield areas. Mr. Veday indicated studies had been conducted to assess properties to be redeveloped. The Environmental Protection Agency (EPA) could assist in the cost of the study through a grant. Mr. Veday noted he resided in Jensen Beach and while the CRA district in which he resided was not a Brownfield, there were Brownfield areas in the CRA district. Mr. Veday noted more and more CRAs were designating Brownfield areas, as they provided redevelopment tools and incentives. The Florida Brownfields Association was a robust State agency assisting in promoting Brownfields, and Florida was one of the leading states in the promotion of Brownfields. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 The board discussed designating the MLK area as a Brownfield. There currently were 75 property owners in the MLK area. Notice requirements were discussed. Attorney Doody pointed out a legal notice would have to be published and a public hearing held. However, notice was not required to be mailed out to individuals. The same procedure would be followed for properties designated a Brownfield at a later date. Chair Taylor invited public comments. Warren Timm, 130 NE 26th Avenue, advised he had undergone a Brownfield cleanup in another state. He believed the concept of opting in was easier than opting out. He favored granting a developer or established business the opportunity to apply for a Brownfield site, but did not feel an ordinary individual owning a residence or a small business should be subjected to the process of cleaning up their land. Nancy Chandler, 914 NE 7th Street, noted she resided in the CRA district. She pointed out that comments made this date exposing Brownfields in a positive light pertained chiefly to main corridors, rather than residential neighborhoods. She believed the designation was beneficial in certain instances, as it compelled the cleanup of gas stations and residential properties. She believed if neighborhoods were designated Brownfields, the designation would remain forever. If the government indicated all Brownfields could be taken by eminent domain, and the designation passed for the good of the public, this would be understandable. However, neighborhoods that were not contaminated would be included as well. She expressed her concern regarding the stigma attached to Brownfields. She believed a land development rewrite and visioning session were necessary, and felt neighborhoods should be excluded from the process. Lulu DeCamera, 836 East Drive, noted she had resided in the CRA district for 37 years. She wondered if the incentives were derived from public tax dollars. She inquired whether a legal description for the Brownfields could be produced that would exclude residential areas. She believed Brownfields pertained to commercial and industrial areas and that residential areas should be excluded from the process. Victor Norfus, 261 N. Palm Drive, noted his reservations regarding Brownfields. He had previously worked for the EPA, and contended automotive and industrial waste sites were generally designated as Brownfields. He did not believe proper research was conducted regarding contamination. He felt opting in was preferable to opting out, and believed the designation should not be made on a broad basis. He believed long-term effects should be considered when an area was being developed. When implemented on a broad scale, the process would result in blight on a particular area. He believed the board should be more focused on the type of Brownfield that would be developed and the duration of the designation. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 Buck Buchanan, 807 Ocean Inlet Driver contended a Brownfield did not necessarily infer that a property was contaminated. The perception of a Brownfield could be positive with regard to redevelopment in commercial areas. He felt residential properties should be excluded from the process. Valerie Pleasanton, 235 SW 13th Avenuer resident and representative of Ace Hardware on Boynton Beach Boulevardr was uncertain whether her property was contaminated. She neither wanted a Brownfield designationr nor to have her land taken. She desired to operate her business without any hassles by the CRA and did not wish to be placed at risk by having to test the land or by opting out. She contended there was no evidence adjacent properties were not affected and was concerned her property could be negatively impacted by a Brownfield designation. Dana Cook, 226 SE 2nd Avenuer favored the concept but not the labelr which he believed inferred a negative connotation. He felt scientists were needed to determine contamination. Chair Taylor noted the program was designed to serve as a redevelopment tool. Developers could secure monetary assistance to clean up and redevelop the sites. It was not the intent of the board to include residential neighborhoods, as the focus was on redeveloping the corridors. An optometrist, whose business was located at 211 East Boynton Beach Boulevardr noted his property had been contaminated for some time. He wished to purchase the building and was denied a loan by three lending institutions. He wondered whether the surrounding properties would be impacted negatively if he were to opt in. He wished to remain in Boynton Beach as a business owner. No one else came forward, and Chair Taylor closed the pUblic comments. Vice Chair Rodriguez read into the record a letter from Jeff Lisr President of the Boynton Isles Neighborhood Associationr requesting thatr unless there were compelling benefits to the homeowners of Boynton Isles to be located within the boundary of a Brownfield designationr Boynton Isles should be removed from the Brownfield boundary established by the CRA designation. Mr. Lis was attending a Planning and Development Board meetingr and he requested the letter be read publicly. A copy of the letter is on file in the City Clerk's office. Attorney Doody noted the board had taken formal action at the last meeting recommending the City move forward with designating the CRA as a Brownfield. If the matter were going to be readdressedr a motion for reconsideration was necessary. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 Motion Vice Chair Rodriguez moved to reconsider the recommendation the board previously made so that other options could be discussed. Mr. Hay seconded the motion that passed unanimously. Highlights of the board's discussion included: · Redefining the recommendation sent by the board to the City Commission. · The program could prove beneficial if the right approach were taken. · Specific properties should be designated for the planning of the Brownfield designation. Other properties could be designated at a future date. · Exclude residential, but include commercial and industrial properties in the designation. · Keep an open mind with respect to residential properties, as there were numerous blighted properties in the CRA district. · Make a recommendation to the City Commission that they consider designating specific locations for a Brownfield designation. · Request CRA staff make a recommendation for those areas to be redeveloped in the future. The recommendations would then be sent back to the City Commission. (Ms. Bright noted this would take a couple of months to complete.) · The Heart of Boynton (HOB) should be done immediately. · The program could be implemented for 80% of the projects intended to be redeveloped. · Designate the CRA as a Brownfield, excluding residential, and allow those residents to opt in. · Implement the program for all commercial and industrial properties and exclude residential, with the exception of the projects on Seacrest Boulevard and MLK Boulevard. . Consult with specialists. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 · Effectuate designations on a "piecemeal" basis, having a metes and bounds description prepared in order for boundaries to be defined. (Ms. Bright noted, if authorized, she would hire a consultant to prepare the metes and bounds description.) Motion Vice Chair Rodriguez moved to have the City designate all commercial and industrial property a Brownfield, exclusive of residential, excepting Seacrest Ocean Breeze and MLK, and, if necessary, adding other properties at a later date. Mr. Hay seconded the motion that passed 4-1 (Commissioner Ross dissenting). It was noted authorization for Ms. Bright to hire a consultant to prepare the legal description could not be provided until the City approved the matter. B. Consideration of Noise Ordinance (Vice Chair Rodriguez left the dais at 8:24 p.m.) Ms. Bright advised this item was being brought forward as a result of discussions during the Downtown Master Planning process regarding potential barriers to creating a vibrant downtown. One possible barrier was an outdated noise ordinance which prohibited music after 10:00 p.m. on a Friday night, the beginning of the weekend for most people. Staff recommended the City's Noise Ordinance be evaluated in order to improve and encourage a vibrant downtown. (Vice Chair Rodriguez returned to the dais at 8:26 p.m.) Chair Taylor recommended this item be forwarded to the City Commission for action. Motion Vice Chair Rodriguez moved approval to send this item to the City Commission for reconsideration. Ms. Ross seconded the motion that passed unanimously. Board members suggested a City-wide ordinance be considered pertaining to the enforcement of boom boxes. IX. New Business: A. Consideration of Community Meeting Grant Program 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 Ms. Bright noted staff was asked at the last meeting to bring this item back to define guidelines and develop an application process for a new grant program. The program would provide financial assistance to community groups and homeowners' associations (HOAs) in the CRA district to pay fees for the use of City facilities for meetings. Staff obtained a list of all available facilities, which also contained the fee classification and rental amounts. This information is set forth in the backup material, and a copy is on file in the City Clerk's office. The community group or HOA would be required to exist as an official entity within the State. The amount available to each entity was not to exceed $1,500 in a one-year period and covered the cost of rental, security deposit, staffing and janitorial fees. Costs to remedy damages to a City facility would not be reimbursed by the CRA and would be borne by the community group or HOA. The program would only be open to organizations or HOAs within the CRA district. Staff recommended approval of the Community Center Grant Program. Highlights of the board's discussion included: · Language should be included to require the entity was in good standing with the State of Florida. (Attorney Doody noted this was covered in the guidelines). · Suggestions were made for the CRA to fund the monthly meetings held by the Inlet Cove Association (INCA). · The CRA should piggyback on the City of Boynton Beach's policy. · Fees should be collected per meeting. · Benvenuto was not on the list. Motion Vice Chair Rodriguez moved approval. Mr. Hay seconded the motion that passed unanimously. The board recessed at 8:37 p.m. and reconvened at 8:45 p.m. B. Presentation by EDAW of draft Downtown Master Plan Ellen Heath, of EDAW, advised she was accompanied by Tom Lavash and Cesar Garcia. Ms. Heath provided a project overview. The Plan would proceed in phases. Phase 1, Understanding the Community, set the groundwork for the Master Plan and would focus on gathering background information and data as well as identifying key 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 issues addressed in the Master Plan. Community outreach in this phase included community stakeholder interviews, a Steering Committee meeting and a Visioning Charrette. Phase 2, Vision and Scenario Development, focused on the vision of the community and would develop planning themes, needs and goals and a market economic analysis. Phase 3, Action Plan for the Vision, included the Master Plan and recommended implementation plan, which included a feasibility and funding needs assessment. A final public Open House was also held. An action plan for the vision would be implemented. Key themes from previous plans included establishing a downtown center, creating a unique identity or image, implementing urban design projects and supporting commercial revitalization. The visioning charrette focused on elements such as waterfront, public parking, gateways into the City, redevelopment of the Marina, Green building techniques, historic preservation, public art, and marketing and promoting the CRA. Workforce housing would be provided wherever possible. Efforts would be made to encourage economic development and job creation. Community policing would be promoted between local communities and their police departments. Tom Lavash, Economic Research Associations (ERA), provided a summary of economic benefits and Tax Increment Financing (TIF) analyses. The CRA participated in the acquisition of land for development, assisting ongoing developments and funding seed projects to revitalize the City. Economic benefits included 500-600 construction jobs, 1,200 permanent jobs, $3.SM in annual retail sales tax receipts, and $525M used to help finance TIF revenues. This resulted in new property tax revenues of $133M over a lS-year buildout phase. The key issue in their TIF analysis was to net out existing assessed values on priority sites. Additional spinoff impacts generated by "Big Moves" (action steps to implement the Master Plan) identified in the Plan were likely. New ad valorem taxes produced a potential TIF bonding capacity of $43M. Cesar Garcia, of EDAW, noted Big Moves focused on areas for redevelopment along Ocean Avenue, Federal Highway, Seacrest Boulevard, Boynton Beach Boulevard and Martin Luther King Boulevard (MLK). A Transit Oriented Development (TOD) district was envisioned along Federal Highway between Boynton Beach Boulevard and Ocean Avenue. These would provide transit-supportive densities and pedestrian-friendly amenities. Neighborhood commercial nodes were envisioned at the intersections of MLK, Seacrest and Federal Highway. The Big Moves were essential in creating a downtown core. The Plan identified approximately 100,000 square feet of office space, between 90,000-100,000 square feet of street-level retail space and approximately 900- 1,000 units of residential space. New development opportunities were envisioned at the intersection of Boynton Beach Boulevard and Ocean Avenue, including mixed-use buildings. Cultural and civic campuses would organize the existing uses in the area into aesthetically pleasing uses, including the relocation of City Hall to accommodate current future growth. A new City Hall would create a nexus of public activities and services. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 The relocation of City Hall could provide the opportunity to preserve the Old High School structure, and the old City Hall site would be offered up for redevelopment. Key points would support historic preservation, a campus environment with usable public space, approximately 22,000 square feet of office space and job creation. The cultural corridor along Ocean Avenue connected the cultural/civic campus to the TOO district. live-work space lined the avenue in mixed-used buildings. New multifamily development was envisioned opposite offices and galleries. A new identity for Ocean Avenue was proposed from Seacrest Boulevard to the marina. The civic buildings near Seacrest and Ocean Avenue were envisioned as part of a new civic campus anchoring the west end of the new cultural corridor. The east end was anchored by a new pedestrian and retail hub which acted as the gateway to the TOO district. Mixed use redevelopment would fill in the "missing teeth" along Ocean Avenue, and a new identity would be shaped through streetscaping. The MlK and Seacrest activity node included a mix of uses and community services including limited retail, office, mini-police precinct and health-related services for the public as well as multifamily, single family and townhouse units. The Federal Highway node included space for a neighborhood market and a gateway to the Linear Park. The MlK Seacrest and Federal neighborhood centers would result in a strong residential identity for MlK, a Seacrest Neighborhood Center anchoring the west, and a Federal Highway and MlK gateway anchoring the east. Key points to MlK neighborhood center redevelopment sites included community amenities, proximity to retail areas and a proposed street linking the neighborhood to the canals. The development of the Federal Highway Linear Park would provide 100-125 live/work housing units and limited retail of approximately 45,000 square feet. It would allow existing viable businesses to remain, and would screen existing industrial buildings with Facade Grant incentives. The board thanked the ERA representatives for their fine presentation. XII. Future Agenda Items None. XIII. Comments by Staff Mr. Brooks announced the CRA would be hosting an open house relating to affordable housing in the HOB. A single-family house was built by Habitat for Humanity and would be available for a tour. The house is located at 537 NW 12th Avenue. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 XIV. Comments by Executive Director Ms. Bright announced the CRA would be holding a community meeting with the Auburn Group from 6:00 p.m. to 8:00 p.m. on March 26, 2008 at the Carolyn Sims Center, 225 N. W. 12th Avenue, in order to update residents on projects in the area. Other meetings would be held on April 8, 11 and 17, 2008. xv. Comments by CRA Board Attorney None. XVI. Comments by CRA Board Chair Taylor noted he had attended the beach concerts, and he felt they were wonderful events. However, he observed that when the band took breaks, attendees would leave. He suggested tapes be played as an inducement for the people to remain at the event. XVII. Adjournment There being no further business to discuss, the meeting properly adjourned at 9:32 p.m. ~-Or~ Ste~ Recording Secretary 032508 040408 13 VI. CONSENT AGENDA: B. Approval of the Minutes: CRA Board Special Meeting - Aprill, 2008 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD SPECAL MEEnNG OF TUESDAY, APRIL 1, 2008, AT 5:45 P.M. IN THE COMMISSION CHAMBERS AT CITY HALL, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director James Cherot, Board Attorney ABSENT: Jose Rodriguez, Vice Chair I. Call to Order Chair Taylor called the meeting to order at 5:49 p.m. and noted the purpose of the meeting. American Realty was applying to the State of Florida for an allocation of federal low-income housing tax credits to develop the rental portion of the Ocean Breeze site. The State required a match from local government of at least $200,000. American Realty, managing partner of Madison Breeze, LLC, was requesting a grant of $200,000 from the CRA to meet the State's requirement. II. Pledge of Allegiance to the Flag and Invocation The Pledge of Allegiance to the Flag was led by Chair Taylor, who also gave the invocation. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Consideration of Assignment of Purchase and Sale Agreement from Ocean Breeze, LLC Vivian Brooks, Assistant Director, noted that in furtherance of American Realty's application to the State for an allocation of low-income tax credits, IRS regulations required a single-asset entity be formed. It was intended that the contracts originally entered into in January 2008 would be assignable to a single- asset entity for this purpose. Ms. Brooks assured the board American Realty was neither abandoning the project nor selling it to another developer to be flipped. American Realty could not close on the property until funding was received from the State. Other conditions set forth in the original contract would prevent such action, and staff was resolute in its intent that the property be developed. Motion Mr. Weiland moved approval of Item IV. Mr. Hay seconded the motion that passed unanimously. v. Consideration of Grant to Madison Breeze, LLC Chair Taylor indicated it was necessary to commit to a $200,000 grant in order for American Realty to go torward with its application to the State. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 1, 2008 Ms. Brooks noted the grant was a "threshold" item required by the State. The State maintained a substantial checklist of requirements which were to be met in order to participate in the process. While the land had been significantly written down, it would take some time to determine whether the State would consider the land writedown asa match from the local government. Submission of the executed grant verification form was required by the State in order for the tax credit allocation to be considered. Time was of the essence in that the application was due April 7, 2008, and the process was highly competitive. Numerous applications had been submitted to the State, chiefly as a result of the market downturn. Lisa Bright, Executive Director, noted the State's requirement for the additional $200,000. The contribution would ensure the funding opportunity was not lost. Motion Mr. Weiland moved approval. Mr. Hay seconded the motion that passed unanimously. VI. Consideration of Addendum to Purchase and Sale Agreement between the CRA and Madison Breeze, LLC Ms. Brooks advised the addendum to the purchase contract set forth the obligations of the CRA and Madison Breeze relating to the $200,000. The addendum was subject to Madison's receiving funding from Florida Housing Finance, closing on the property and obtaining a building permit for the site. It also required American Realty to contribute $200,000 (provided by the grant from the CRA) to a down- payment assistance program to aid renters in the transition into homeownership. If the application was not approved, the CRA would have no liability for the funding. Motion Mr. Hay moved approval. Ms. Ross seconded the motion that passed unanimously. Attorney Cherof noted that generally, Chair Taylor would not be asked to execute the documents until the other party had signed. However, the documents were required to be mailed out overnight in order to reach Tallahassee by April 7, 2008. Chair Taylor consented to execute the documents. VII. Adjournment There being no further business to discuss, the meeting properly adjourned at 5:59 p.m. ~ DI--- Stephanie D. Kahn Recording Secretary 040808 2 VI. CONSENT AGENDA: C. Approval of the Minutes: CRA Board Meeting - April 8, 2008 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD ON TUESDAY, APRIL 8, 2008, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director James Cherot, Board Attorney ABSENT: Jose Rodriguez, Vice Chair I. Call to Order Chair Taylor called the meeting to order at 6:29 p.m. II. Pledge of Allegiance to the Flag and Invocation Mr. Hay gave the invocation, followed by the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda None. B. Adoption ot Agenda Motion Mr. Hay moved to approve the agenda. Ms. Ross seconded the motion that unanimously passed. V. Announcements & Awards: A. Oceanfront Concert by Eloquence, April 18, 2008, from 6-9 PM at Oceanfront Park 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 8, 2008 Kathy Biscuiti, Special Events Manager, reviewed the upcoming Oceanfront Concert featuring the band "Eloquence" specializing in disco and R&B. It was reported there were more people at the last concert than ever before. Chair Taylor noticed when the band took a break, there was no music. Another time there was recorded music on the break and people stayed and danced. It was suggested having recorded music played during band breaks. Additionally, it was reported there were beachgoers waiting at a trolley stop to go to the beach. The trolley runs on a continuous loop, but the trolley did not come back to the stop. Eventually it did, but by that time the beachgoers were blocks away. Ms. Biscuti explained the shuttle broke down and they got a new shuttle quickly. 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 Website Updates (Info. Only) Item B was pulled as Mr. Hay had questions on the statistics. Motion Ms. Ross moved to approve the Consent Agenda. Mr. Hay seconded the motion that unanimously passed. VII. Pulled Consent Agenda Items: B. CRA Policing District Stats for the Months of February and March, 2008 (Info. Only) Mr. Hay inquired what the 1,506 calls for services were for, or what category the greater number of the calls pertained to. Sergeant Joe DeGiulio, CRA Policing Unit, explained they were calls that go through Dispatch, and could be for disabled motorists, police assists or any variety of issues. Next month a breakdown of the calls would be provided. It was noted the calls were for the eRA district only and there were 400 fewer calls than last year. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 8, 2008 On another matter, Mr. Weiland reported a problem involving a homeless person and requested an officer check on the matter. A "No Trespassing" sign was not posted on the premises and an agreement between the landlord and the Police was needed. The landlord would be contacting Sergeant DeGiulio about the matter. Motion Mr. Hay moved approval. Ms. Ross seconded the motion that unanimously passed. VIII. Public Comments: (Note: comments are limited to 3 minutes in duration) Gertrude Sullivan, 201 NE 6th Avenue, asked why the City does not have a place for homeless people to sleep instead of having police arrest them. She expressed the City needed solutions. Chair Taylor explained there is a center in West Palm Beach for them, but most of the homeless do not want help and do not want to leave the street. Additionally, not every City has facilities for them. Ms. Ross explained County Commissioner Jeff Koons and Representative Susan Bucher have been addressing this issue lately on the County level, and it was bringing it to the attention at the City level. Mr. Hay agreed with Ms. Ross that the homeless are a problem and the City should look into it. Herb Suss, 1711 Wood Fern Drive, repeated a question he posed to the City Commission last week. He explained the Auburn Development Group has a lobbyist. He asked what the Commission rate to the lobbyist was. He advised Auburn has access to the City which, he asserted, adds to the cost of the project and is taxpayer money. He did not see the logic behind having a lobbyist that adds to the cost of doing business with the developer. He further announced there was still a cloud hanging over the City. He suggested watching the budget and which direction it was heading. Chair Taylor explained the developer hired the lobbyist at no cost to the taxpayers. All developers have lobbyists. Auburn has multiple lobbyists. They build in other cities besides Boynton Beach. Mr. Suss explained the cost of the lobbyist comes in somewhere down the line and many people have a problem with that. He felt the funds being paid to the lobbyist should be taken off the top of the project cost when the City does business with them. Chair Taylor reiterated the Sunshine Square redevelopment project, the Promenade and the project on Woolbright all have lobbyists. It is a common practice. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 8, 2008 IX. Public Hearing: None. X. Old Business: A. Consideration of Second Amendment to DIFA between the CRA and Boynton Waterway Investment Associates Vivian Brooks, Assistant Director, explained this item was a result of a meeting regarding renewing the lease with Boynton Waterway Investment Associates, which is the developer of the Promenade. The project is situated on eRA owned land, formerly known as the Relax Inn site. The issue raised by staff was at the time the original lease was executed, there was no tax burden to the CRA. However, once leased, it became taxable at $28K per year. The developer, Boynton Waterways, also under a pinch due to the downturn in the development market, wanted to maintain the current lease amount. Staff and counsel for the developer were able to agree on an amendment. Once the project is completed and on the tax rolls, a percentage of the taxes would go back to the developer, but the deferred rent, which is the difference between the $28K and the monthly rent, would be deducted from the amount the CRA would pay the developer. Essentially, they were taking it off the back end of the incentive. Mr. Hay inquired how affordable commercial space was determined. Ms. Brooks explained it was the average going rent of commercial-retail space reduced by about 20% for a portion of the retail space in the project. That was contained in the original DIFA agreement. Lisa Bright, Executive Director, explained the goal was to encourage retail development. The CRA wanted those spaces to assist businesses getting a start. It was basically an exchange; the developer had to provide the space, and they were offering those spaces to small businesses looking to start up. In this particular project, the allotted space allowed two businesses to occupy two full bays which had the reduced rents. Motion Mr. Hay moved to approve. Ms. Ross seconded the motion that unanimously passed. B. Consideration of Renewing Lease with Boynton Waterway Investment Associates This item was simply a one-year lease renewal. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 8, 2008 Motion Mr. Weiland moved to approve. Mr. Hay seconded the motion that unanimously passed. C. Consideration of Special Events Interlocal Agreement Ms. Bright explained the item is being brought forward because last year during budget discussions, the City Manager sought support to no longer fund the special events agreement that was created the year before. That position was supported by the City Commission and it was flipped to the CRA with the Special Events Manager reporting to the CRA Director. Subsequently, the CRA sought sponsorship dollars to offset the reduction in revenue from the City. There were a few instances involving various department heads who continued to invoke the agreement, because the agreement still stands. The CRA counsel advised the CRA needed to consider a rescission or a modification. She spoke with the City Manager who informed her he would be recommending not to financially support special events again this year. She noted the agreement remains in effect through 2009. Mr. Weiland explained this was done because of a budget crunch. He expressed, however, the entire City benefits, as well as people outside the City when special events are held. He would consider a modification in the future although it may not be to reinstate the present 49% of the amount. Chair Taylor commented the City Commission voted to take it completely out of its budget and the City would be looking at the same fiscal situation for a while. He suggested rescinding the current interlocal agreement, and if after budget hearings there were funds, they could reconsider it at that time. He thought it was senseless to have the agreement on the books. Mr. Hay asked if the $190K was the total cost or the City's part. Ms. Bright explained in fiscal years (FY) 06/07, it was $381,825 and an additional $72K for staff costs. The City was supporting about $450K. In FY 05/06, the CRA did not have the ILA, but there also was a City cost. Mr. Weiland agreed with the Chairman's comments, but noted next week they would be hiring an Economic Development Director and City Educational Liaison. He explained he would vote in favor of rescinding the agreement, and would be interested in seeing where the money is going in the budget process. Ms. Ross inquired how this would affect the Special Events Manager. Ms. Bright responded it would not affect her. They received financial support from the Auburn Group and Ruden McClosky. She expressed there was a concern at the staff level, that 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 8, 2008 with the downturn of the market, they would not be as flush next year with the sponsorship dollars. Mr. Hay expressed the events have a big effect on the community, but he would like to see the City do whatever it could. If there was any money left at all, he thought this item should be put on the top of the list, but must be rescinded at this time. Motion Mr. Hay moved to approve (the rescission). Ms. Ross seconded the motion that unanimously passed. D. Consideration of Renewing Lease with Jesus House of Worship Ms. Bright explained this was a similar lease to the Promenade. This item was a settlement agreement specific performance contract from last year which allowed the church to stay in the building for a nominal rent because they knew they would be redeveloping the area. She spoke with the Auburn Group about their plan for the area, and received their approval to renew the lease for one additional year. The eRA did not want to charge market rate rent, because doing so would cause a tax implication and they have no way to recoup it from this group. They recommended allowing Pastor Evans to stay at the rate of $10 per year so it would not be red flagged by the Property Appraiser's office. She believed it was desirous of the community to have the church there instead of tearing down the building. She advised this item would come back to the board next year as well. Mr. Hay asked the CRA police to provide information on how much activity is around the area of the church, as it related to the 1056 telephone calls received. Motion Mr. Hay moved to approve the lease renewal. Mr. Weiland seconded the motion that unanimously passed. XI. New Business: A. Consideration of Purchasing Property Located at 114 NE 5th Ave. Ms. Brooks explained the CRA has been assembling properties on NE 4th and 5th Avenue, east of Seacrest and north of Boynton Beach Boulevard. There was an opportunity to purchase vacant land there and there were a number of homes not up to Code. It was thought it would present an opportunity to provide up-to-date decent affordable housing. This structure was on 5th Avenue and was the last remaining home. The house is homesteaded, but was confirmed as rented by the owner and renter. The 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 8, 2008 seller agreed with the price, which was supported by an independent appraisal. She noted the appraisal was slightly more than what they were paid. The CRA could not put out an RFP for all the homes on 5th Avenue. They were still working on assemblies on 1 st and 4th, but some homeowners were not responsive to the CRA. She advised the CRA assembled about 3 acres in total and the whole block was about 5.5 acres. They were aware they would not get all parcels and they were working to relocate some parties, but she expressed they were also confident that eventually it would happen. Motion Mr. Hay moved to approve. Mr. Weiland seconded the motion that unanimously passed. B. Discussion of Current CRA Continuing General Contract Agreements Ms. Bright explained this item was brought forward at the request of Vice Chair Rodriguez. She explained his request inquired how a contractor was able to get on the CRA approved list of vendors. She responded the CRA does not operate the same way the City operates. The City Development Department has 50 employees and can handle individual bidding projects. The CRA does not. The CRA chose to go out to continuing contract and they selected three firms, with different specialties, and negotiated contracts that would be brought back to the board in June. The difference in her statement and the email to the board members regarding the Residential Improvement Grant was that particular program offers 17 grants. If they went to independent general contractors, they would need 17 different bids with 17 different general contractors and it would be nearly impossible for the staff to handle. Ms. Bright was looking to the board for direction. There was brief discussion of the item and it appeared the board was pleased with the way the process was currently working. They did, however, decide to table the item to the June meeting to allow Vice Chair Rodriguez to be present. XII. Future Agenda Items None. XIII. Comments by Staff Ms. Biscuti announced there was a packet of photos from the Commodores concert. Commissioner Ross left the dais at 7:12 p.m. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 8, 2008 XIV. Comments by Executive Director Ms. Bright advised in the spring of 2007, a City Commissioner was concerned the CRA did not perform appropriately regarding the Old High School. That item languished for many months as an agenda item, for the City Commission. Meanwhile the CRA board decided the high school should be discussed with a larger project area, however the item was never removed from the City Commission Agenda. She was looking for direction from the CRA, in light of the RFQ and RFP the CRA and City staff were working, on for the Town Square area. She expressed the item was still outstanding and she needed to know if they felt the responsibility for the high school should be with the CRA or not. Commissioner Ross returned to the dais at 7:14 p.m. The board discussed the matter with some members supporting rehabilitating the structure and others in support of demolishing it. The structure could be a jewel but it was an expense. Discussion then turned to the Schoolhouse Museum. The project was successful because staff got behind it. Chair Taylor advised, for the Children's Schoolhouse Museum, it was a fundraising and City effort. When the initial discussion of the high school was held, the price to rehab the structure was $3M and now was $8M. The building is rotten and there was hardly anything to save. He explained perhaps some part of it could be saved and something else could be built there to save the sentiment. The City, however, was still pouring money into it every month to maintain it and it was in shabby condition. He expressed if it was worth that much money, someone from the public sector would have stepped in. He explained there are other more pressing needs in the community than the building. Chair Taylor explained they waited for a master plan, and then went out to proposal. No proposals have been received. The cost to maintain the building was about $18K to $24K per year in addition to $27K for insurance. There was agreement to let the City Commission make the decision. On a new matter, Ms. Bright reported she received the City's appraisals on MLK property pertaining to the potential CRA and City's land swap and sale purchase. Attorney Doody recommended both parties obtain independent appraisals and they would present them at next month's meeting so they could proceed with the purchase agreements to place all the MLK land under the CRA. XV. Comments by CRA Board Attorney None. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 8, 2008 XVI. Comments by CRA Board It was noted in May, it would be known if American Realty received CWHIP funds. Ms. Ross thanked Ms. Bright and the CRA staff for the trolley tour of the south route. The CRA was receiving 10 calls a day from residents who did not have independent travel, who could now get around through the trolley. Mr. Hay inquired if they would have a trolley stop at the library. Ms. Bright explained they were trying to evaluate what works for the immediate moment and that stop would be better addressed during the next budget. Chair Taylor received a letter from the Florida Redevelopment Association sent to Senator Jeff Atwater requesting he vote against Senate Bill 1528, which would abolish CRAs in Florida. The CRA would be sending a letter to him, and all of the other representatives. Ms. Ross inquired if Representative Storms was the legislator seeking to abolish CRA's. Ms. Bright explained she was and there were other bills seeking the same result due to property tax reform. The South Florida Business Journal had a good article about North Miami, but there are people giving negative press. There was a push to stop all economic development in Florida, and it is not necessarily gaining ground. Ms. Bright spoke with the City's lobbyist, and meetings would be scheduled. Chair Taylor explained there is a card detailing what the CRA has accomplished. He suggested that information be brought forward when meeting with officials. Ms. Bright and Chair Taylor already met with County Commissioner Mary McCarty and others to present the CRA's annual report from last year and this year's audited financial statements. Ms. Bright noted they were already aware of the issue. XVII. Adjournment There being no further business, the meeting adjourned at 7:29 p.m. ~~ry~ Recording Secretary 040908 9 VI. CONSENT AGENDA: D. Approval of the Period-Ended April 30, 2008 Financial Report ,~~Y~T2~ eRA East Side-West S',de-Seas',de Renaissance eRA BOARD MEETING OF: May 13, 2008 I X I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending April 30, 2008. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve April financials. 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Q~ t'l t'l Z n ~c5 ~~ t'l o ~ ~i nt'l t'l~ o ~ ~ ~ ~o ZGlO Ht'l'<1 Z>-'I Gl ~7 enGl '<1t'l t'lZ :>;Jt'l o~ ;:jt"' '<1 ~ .... I '" CO I '" o o CO .... .... o '" ~ :u l'l <: l'l ~ :J> R" en t'l o:><tlJ '<1'UO .. ~ ~ ~~: ent'l :J> n :I: W O[;J :iJ 'U o ~~~ o "'! H >-'I t'l o ~ t'l '" '" VI. CONSENT AGENDA: E. Approval of a Commercial Fa~ade Improvement Grant to Scully's Restaurant eRA BOARD MEETING OF: May 13,2008 I X I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Approval ofa Commercial Fa9ade Improvement Grant to Scully's Restaurant SUMMARY: Kevin and Joann Scully, owners of Scully's Restaurant, have submitted an application for a Commercial Fa9ade Improvement Grant for their property located at 2005 S. Federal Highway. Mr. and Mrs. Scully have owned and operated the property as a restaurant since September 2002. While it is known that the restaurant recently experienced the loss of business operation due to a fire on the premises, the items being submitted are exterior improvements and upgrades to the property that were not covered by insurance proceeds. The items being presented by the owners for acceptance under the grant include a front entry awning, impact windows, exterior painting and seal coating the parking lot. The proposals for the described work total $31,200.00 of which the CRA grant would reimburse expenses of up to $15,000 upon completion. FISCAL IMP ACT: A maximum of $15,000 from general revenue funds line item: 57200-238. RECOMMENDATIONS: Approve the application for Scully's Restaurant's Commercial Fa9ade Grant. ~~~ James Chero CRA Board Attorney Vivian Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 05 13 CRA Board Meeting May\Kevin Skully Restaurant.doc ~'" ....q..'. . ..y Nl..<rct.)~... . ~"'4, :'..:. .. "Ii. ..... .~ . ..~_ . ( ~._- ,,~r' \ ..' . ,. ~'~. .~. - .~. I \.) /\ ~.. -H. \ East Side^"West Side-Seaside Renajssance 2007/2008 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFROMA TION Name of Property Owner: -Kevl\\. Sc JII y ~c;:::~s of Property :f.,OC S-"S I-E,(lfJ 11. ^ I '") i) r City/State: J") C '{ ~ '- {c.,.... H t7 ft<-I '-, . l- Phone # Day: 5" f '-3'] t- 4 "5 ~ Evening: i 4 t. j ~ lrL.- q '/ I Zip Code: ~~3V3~ Legal owners and legal description of the property to be improved (please attach copy of ~arranty deed a~C/ lease~ if apPlica~e): I el-'n D Scv/ll .... J't;, . {,- OA.t... ~ lloyll. Ie}-. 1.-.0"i.5 (q..:2.. l..\ "p 1\1 L. 1\11 € P /4- f G (J 0/< ~ \ p4<J e -5 3 If Different from Property Owner Name of Business: Address of Business: City/State: Zip Code: Phone # Day: . ~lv 1-3 SG,.lf ~ S\-L._ Evening: 7 3 & - ) '1 t)7 Type of Business: ~ e 511t~ rt ft--n1 Years of Operation: & Number of Employees: }. }- Annual Payroll: I> 3 C'(:>, c. c (~ , Number of Employees residing in Boynton Beach: ~. () PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program ;s to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fa<;ade Grant Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterior improvements for this program include: · Painting. · Shutters. · Signage (located on the building or the property). · Awnings/canopies. · Doors/windows. · Landscaping around the building. · Irrigation. · Parking lot re-paving, re-sealing, re-striping. · Exterior Lighting. · Patio or decks connected to the building. · Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). · ADA improvements. 4. All work .!!:!.!J!! be in compliance with applicable Boynton Beach Building Codes and. all contractors .!!l.Y!! be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. 2 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a dollar for dollar matching grant for eligible faC;ade improvements up to a total of fifteen thousand dollars ($15,000.00) of CRA funds. 6. The Fac;ade Grant program will honor expenditures completed up to 90 days prior to application, improvements underway and proposed improvements. 7. The Fac;ade Grant program may only be used one time in any three year period for anyone property. Properties may re-apply for additional grants any time after three (3) years from previous grant approval. Project phasing of up to two years can be requested. Property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1 st to September 30th). 8. The scope of work that is to be paid for with CRA funds for must be completed no later than 120 days from the approval of the grant by the CRA Board. 9. Disbursement of grant funds shall only occur if the following conditions are met: a. b. c. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City Building Department. Entire scope of work is completed. Applicant provides "After" photos. 3 APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256 2. An original application and eight (8) copies of all materials are to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to insure that their submitted application is properly time stamped to document receipt by the CRA. 3. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. 4. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, the CRA will inspect the work to determine satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and understand all aspects of the Fayade Grant Program Agreement, including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the eRA Board. 4 PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: ~ Project work write-up(s) describing in detail the scope of the project, · Plans or sketches if applicable, · Site plan and plant list for landscape projects, · Third-party cost estimates from three (3) licensed contractors, · Estimated time line, · Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), · A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", · Signage design with colors & materials proposed if applicable, · Project color chips / material samples if applicable, · And material specifications. Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. (Date) Witness (Property owner's signature must be notarized) Witness (Date) Tenant/Business Owner (Date) eRA Director (Date) 5 STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and ta~ackno~dgements, personally appeared _~I(\ ~lf.-)k/ , who ~~~.) me or f ~w/ produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this (ft; day of April , 200.t. NOTARY PUBLIC qJ,~J,v , , ,. \\\\\\111111/1,'; , .~",\,\,w S PA 1,,; ~~~>\i-?~'\ :~''''J; ~'-;.. .4/), ,~;~; ..:: -..4-. ...:....l ::: ". '0 ~ - . '.1/1'1/111;'\\''-' My Commission Expires: 6 h"'\~Y'N"l~'" ). . ~ t.. ( -to . ,i ..'.".' ,".,.' ~" ,~) . I - m '.'" / I \ ~. ... A' ,,'.' .C 1-. C . .\. / --.-"; :J . M. , ~. _-.,," '\ _ \. East Side-West Side-Seaside Renaissance 2007/2008 COMMERCIAL FACADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new fayade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 2. The CRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. 3. A minimum of three (3) inspections by the CRA are required. Those minimum CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA and City. These inspections in no way are substitutes for required City inspections and compliances. 4. The property owner, or tenant if applicable, must complete the fayade improvement project within six (6) months of the grant award. Failure to complete the fayade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant. prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re-imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. 3. The Reimbursement Request from the Applicant shall be submitted no later than the 15th of the month for consideration by the CRA Board at its next month's meeting. Reimbursement shall be issued fifteen (15) days after approval. 4. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. 5. Grantees may not submit fac;ade work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Fac;ade Grant program will only honor new expenditures that have not been submitted under other grant programs. The Fa9ade Grant program may only be used one time for anyone property; however, property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 1 st to September 30th). 6. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials. Witness (Date) (Date) Property Owner Witness (Date) Tenant/Business Owner (Date) eRA Director (bate) 2 SCULL Y'S RESTAURANT 2005 SOUTH FEDERAL HIGHWAY MAILING ADDRESS: 941 BROOKDALE DRIVE BOYNTON BEACH, FL 33435 561-733-4782 CELL 561-386-4654 COMMERCIAL FACADE IMPROVEMENT GRANT APPLICATION MEMBERS OF THE CRA: THANK YOU FOR THE OPPORTUNITY TO APPLY FOR THIS GRANT. AS YOU ALL KNOW, MY RESTAURANT SUFFERED A CATASTROPHIC FIRE. THIS GRANT COULD NOT COME AT A BEITER TIME. THAT EVENT PUT TWENTY TWO LOCAL PEOPLE OUT OF WORK (NOT INCLUDING ME). ANY HELP FROM YOU WILL HELP ME GET MY BUSINESS UP AND RUNNING AGAIN. THANK YOU FOR CONSIDERING THIS APPLICATION. SCOPE OF WORK I) NEW HURRICANE IMPACT WINOOWS AND DOORS. THIS WILL PROTECT US NOT ONLY FROM HURRICANE EVENTS BuT WILL ADD TREMENOOUSL Y TO THE SECURITY OF THE BUILDING. 2) 3 FOOT AWNING ALONG THE FRONT OF BUILDING. THIS WILL LOOK GREAT AND PROTECT THE CUSTOMERS FROM RAIN WHILE ENTERING THE BlJILDING. 3) SEAL COAT AND RESTRIPING THE PARKING LOT. 4) COMPLETE PAINTING OF EXTERIOR OF BUILDING ESTIMATE OF COSTS WINOOWS AWNING SEAL COAT PAINTING TOTAL $22,000.00 4,500.00 2,200.00 2.500.00 $31,200.00 T~K YOU AGAIN., r 1 ~ / . / vt\:tc~A.,[I,v/. KEVIN SCULLY / APRIL 17,2008 fup:lred by and return to: George W. Mathews, III !\!falhcws & Jakllbdn Suite 104 IJ2S S. Congress Avenue Boynton Beach, FL 33426 File Number: 02-133 Will Call No.: Grantee S.S. No. Parcel Identification No. 08-43-45-33-02-000-0010 rspace Above This Line For Recording Dalal Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 3rd day of September, 2002 between Emil Livlanich and Marica Livlaoich, husband and wife, whose post office address is 3601 So. Oceao Blvd., Unit #107, Palm Beach, FL 33480 of the County of Palm Beach. State of Florida. grantor*, and Kevin D. Scully and Joaon Scully, husband aDd wife, whose post office address is 941 Brool<dale Drive, Boynton Beach, FL 33435 of the County of Palm Beach, State of Florida, grantee., \Vitnesseth that said grantor, for and in consideration of the sum of TEN AND NOIIOO DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: Lots I and 2, HAPPY LANE, according to the Plat thereof, as recorded in Plat Book 21, Page 33, of the Public Records of Palm Beach County, Florida. ami said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons w hOl11soever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. DoubleT/me. In \Vitncss Whereof. grantor has hereunto reI grantQ('s hand am13eal the dayaud year first abuve written. Signed. sealed and delivered in our presence: tJ(L)l) M(~':ff.!~-,~ nich his Attorney-in-Fact IiJ <.- k~ ~,~ Marica LivlanicJ>' (Seal) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this 3rd day of September, 2002 by Emil Livlanich, by Mariea Livlanich his Attorney-in-Fact and Marica Livlanich, who U are personally known or (X) have produced a driver's license as identification. /, _ ~ ~a.JL ~/L (Notary Seal) Notary Public . Printed Name: Q' ~ JeANNeaoVAR 'iJ~ MY COMMISSION' CC 942949 ~. ) I EXPIRES: October 7, 2004 '1, ., Bondod TIInI ,..." PlJCiIc: UIIdono,..,. My Commission Expires: 1/'''1"''</1111' !ked (S/a/u/ory Form) . 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Q) c:o ,., ,., (j) (j) .b N,..., W,"'; CC=im -i-jmZ Gl f] (/) m (j)(fJCfl?; -j-i-j' 0000 ;lJ ;;u ;;u m mmm(/) ,., ,., " () ;;u ;;U ;u ;:0 000 Zzz-O -1-i-i::i o z "t'C ;:oz <D n::; (J1 z 910 o o 1->, --" <D .~ o N o r...,-..., o 0 o 0 J 1-'11' .l:>.N I-co ON I-c:o Ilg';:;;I'~ /0 0 0 o 0 C I I ~~ o-i c;m ZZ -iC;; m o ! : r.n o ~ o o :J o .., 0- m 0' (iJ o ~ < ro -< ~ ^ o )> r -< ...... N N I ...... lD N t.I ~ o -< Z -i o ;Z O'J m ;> Cl I " r- <n () C r r -'S <n ;0 m c.n -f )>- C ~ 2; .., ---0 '" "V o Vl =1 O....ER ^TT^CH G)~ rni Z -0 m )> ;0 n m SCREEN -j -< 'U s:: m c r Z =i :j m Z o (IJ ? ~~ ;:0;:0 mO () c '" --i "V o I I 8~ CD -i ~ I )> Ul5: ;: 0)>)>- !'.:zPhirr1 O~<U')~ Ie: )> rrJl-i ;t: Zr-::O):>r ~ r -< (fJ 'I I N -' p..JW ->'OJ oCn./>.oco C:::>ON<.DQ) WON-....J.b ~O"'A--' OOOU"1U1 I I ~~ 8trj ~> g~ j~(1 ~ ~tTj "T1 -0 ro ..... ~:I:O~ ~O-<co tnZZ <l'lm () --~...; 0 ':::i g;o ~ u ......Z '" -- .:..i:jroo -4 ",m ~ -..J.)> 0....0 ~:z:: -i -..J. m ." 0 r-;lJ (,...l w ~ N en () C (J) -0 -1 )> 0 Gi :!:: m m ;:0 o 0 "T1 C o -j <::;:- w m C-.-- ?- l~ ~ I ,; r:-" MCD DEVELOPMENT, INC. 509 South Ea:;! 6th Avenue, Boynton Beach, Florida 33435 Offie\; (561) 364-4072 Fax (56!) 364-7030 PROPOSAL March 30,2008 Scully's Restaurant 2005 South Federal Highway Boynton Beach, FRL. 33435 RE: Windows and Doors This Proposal is offered for the Removal of all Exterior Windows and Glass Doors to be replaced with code approved impact resistant PGT or equal units as described here: Powder Coat Color Frames and choice of tint by Owner. Windows: (3) 80 X 48 Fixed Glass Storefront (FG) (3) 117 X48 (FG) (1) 156 X48 (FG) $2,900.- $4,200.- $2000,- "f- Exterior Glass Doors " Front Entry 6-0 X 7-0 Hardwood Impact Side Entry 3-0 X 6' -8" Impact $7,200.- " Sales tax $ 750,- $17,050 $ 1.108.25 $18,1,58.25 $ 511.50 $ 3,200.-00 $21,869.75 Delivery Install TOTAL A 50% deposit would be due when placing order with the balance due upon delivery of materials. Thank you for this opportunity to bid on your project. A d- Mark C. Daly President . . MAR-28-2008 03:33P FROM:ALS WINDOW AND DOOR 15616862068 ~4. ' TO: 3647030 P.2 AL'S WINDOW & DOOR REPAIR,INC. Estimate - Boyntom Beach, FI. 33426 Date f;atlmate . 3/2812001 13 Name I Add,.... M C D ConstrUction Marie Daily 915 S.E. 3rd St Boynton Beach, fl. 33435 0J I AJD ctJ Project ScvLL.y's pescrlptlon Qty Cost ( Total Inda.Uation of the product: This is an estimate for the material and 23.500.00 23.500.00 labor to install R Storeftont units and French Doors ,R at the Scullys Rcsawrant Boynton Beach. FL. This estimate includes all fastening and sealing material needed tD.properly ins1a11 all uilits. ~ It's been a pleasure working with you! Total $23,500.00 ../" 5615865477 AWNING CONCEPTS, INC PAGE 82 ~ ~ ~~o AWNING CONCEPTS, INC. "Our quality make.f lIS a shade beffert.. AWtJnJ~ " Date: April 10, 2008 CONTRAer Attn: MarkDaly Name: Men Development Street: 509 South East 6th Avenue City: Boynton Beach State: FL Zip: 33435 Seully'. Restauraat FABRICATE AND INSTALL A WNlNG STRUCTURES ACCORDINO TO PLANS AND SPECIFICATIONS: Phone: 561-364-4072 Fax: 561-364-7030 1. New Lean-To Style Awning To March Existing Roof Line @ 46'-6" Wide x" '-0" Out.... .......................... ............... ............... ..................... ..... $4,7S0.00 2. Installation............ ....................................... ........ .... ......... ..................... Slncludcd 3. PermiUinc & En&ineerin8 Fees.................. '" .................. ... .............. .............. S 450.00 ... **Optio..I$UDbreJla C..va Add $470.W* Sub Total Sales Tax Total 55,200.00 SN/A 55.100.00 FRAMES: I. All pipe shall be ASA. ScbeduJe 40, galvanized.. 2. AU welds sball eomply with A.W.S. code (latest edition). '-.. 3. All welds sbalJ be cowred witfl corrO$ion n:.istlmt coating. 4. All structures designed in accordJmce with the Seetion 31 and Sec:tiOD 16 oftbc FL Building Code (2004). S. All connections shall be fully welded. 6. All fDmework shall be primed 8nd painted to match cover. COVERS: 1. Material shall be UltRsbade 17 oz. vinyl. 2. Color to be Navy 107. 3. All seams to be hcat~sealed. 4. Fabric is gwnntaed for (S) years by the manWacturer. MJSCELI...ANEOUS: I. Contract price includes installation. 2. Con1nlCt price inc;1udes permit fees, engineerins fees and any re~ processing fees. 3. Prices quoted sbaU be in effect for 30 days ftom the date oftbis proposal. 11Jereafter, conb'act is null and void. 4. All worlc is guaranteed for (I) year upon final completion of our work. TERMS: 1. A deposit of 50% ($2,600.00) is due upon execution of this conttact. 2. The remaining balance of $2,600.00 sbaJl be due upon completion of our work. 3. AU amounts due that are Dot paid within 10 days fTom the date of completion shall bear ihhnst at a rate of 18% per annum until paid. Owner Date Con~ Q ;/k- Date tI-/O-o7! 209 SOllth 3'" Street, Lantana, FL 33462 Ph: 561-SB'-S499. Fu: 561-586-5477 . Em.lI! jpeJ"USel@eomeast.aet Apr OS 2008 1:56PM X-PERT AWNING 954-785-5834 p.~ r.;'-- -""~~...,..~":':'-'-'- .:> " C,;)U Sroward (954) 757-7512 (954) 784-2878 Uc. .CClD2.1D4&.4-M-X FBX [954] 785-5834 Cata~ ((,~~ ;.:~ j).\J\INING Co~ ~~ Palm Beach [581) 4942727 'U-18373 Martin County Uc. i1~25. "We've Got You Co'vered. II 3381 NE 6th Terrace. Pompano Beach, FL 33064 Phone ~-~... 4t>~-z... I ti'-I- ~22..- ~.l.~ Name t'Y'\A.t.~ tJn ~ @tr1CJ., ~~lrv--4 Job Name Street 2cos ~. ~~. 0 ~~J.. ,.n~T Street Qty/State/Zip Cc.... (f City/State/Zip AcJtJlhJU:-. ~l9~ OUANTITY AWNINB STYU Lt~~ l\o4ATERIA1. V~ 1\ yl. \ 1o~ s--: .eA/" COl.OR ~, t. '-- FAAME COL.ClR &l~'1 TRIM ~ LV (A ~ ~ FRAME WARRANTY: AM ~ Sc:Mdu1e 40 Gelvwlired Eitul. Welda end camectIone zinc Jlfii'nM IncstnahpeW,lted IiIwr lIMmel frown. to be he 01 dnctl Md ruet: ~ for 1 ~ from ct.te of ineall.tion. ClNER WARRANTY: FIbril: coww meteriel e.m.. Menuf8ctu,.."', ~ V.er p~ Werranty lIOeina rot.: end UCUIiw Ie ding. (4 ~ 16~ TEAMS Price doN nac lnc:Iud. permlC or engineering ~ A ~ of !5OKr ~ on eU 1*. a.llince due upon compleCian fA job. AI em~ due en. ere not peia ........n.30 da)'l from the d-. of completjon ahlllI bear Ir1tsrwt It , 8% pll'r .nnum WlCII pllid. ACCEPTANCE OF A80YI CXlNTRACT lllI ebcMI c:ontraet. lChedule end te".,. .. Hti.fIIctory .nd ..". .,.. h."by ~ end ~ ~. PRIce 3. )~(J. .4;) SAI.!8 TAX "A 'I: '7 ~ .0- _ PERMIT ~ff!=' #0 TarA~. 4, /..,47.00 _: 5~ DEPOSfT BALANCE ENCJINEEAlNO ~ EslJmaled OeUwry Date QuDt.atl anlv good for _ deys. CUROmws Siun-lunt D.e&a ,~q/lqIL~~~ ~4;~~ DELRAV AWNING ~5127E:l1584 PAGE 03 A W/t.!/ A.v' 4-., ..-- --- -.- ---.._~-.--~--~--- -,.t1'l11 'il LI:H:l':l 1:14: 1::1~ I~ ;! C :D 0 :z: 'V :0 ~ c: > 0 ~ > ~ Z en I~ "Q r- g u: ;Z "' c:: "' "' en 'V Z :0 ~ ~ en ~ S:- N 'd .... 'd 1'0 CD c: .c "' ::D (It iI; <" !; it ~ )10 "Q ;a o )C . o m C < rn ~ ~ ;<of m .. ~ .~ ~ ~~ ~ el 5 :IIi fir 8- .. . 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N Il'l :>;I ID Ul " ~ ti II> ::l ,.., ; . : ~i ~.:c ~i il QO!I :;0- m"1:l U1rn 1'.1_ :s I -' I co ~ = t ~ 'a; ~ ~,... ~ ~ ~ 1 ..... ~ I o 00 .s ~L C Cf /1---1'- ~.~~P.~~.~_...._..._._....._~.~!.~~~~~.I!~~~P..!.!~.~~__............._...._.........................................__......... FROM: All AmQrlcan Asphalt lLC. 4311 Okeechobee Bl1t46 West Palm Beach FI 33409 Fax PH. (561) 684-9183 (561) 684-9536 Name:__M.9D _Development Re: Scully's Restaurant Phone: Street: City: State: (561) 364-4072 Fax: 364-1030 509 E 61/'1. Av~ Boynton Beach FI. Date: 3/28108 Zip: 33435 I propose to furnish all materials and perform all labor necessary to complete the following: Clean & Prep 11,500 Sq. Ft. Repair pot holes. Apply 2 coats of rubberized sealer. Restrlpe lines & markings. All worX to be done in a workmanlike fashion for the sum of (52500.00). Any alteratior\S or deviationfrom the above specifications involving extra cost of material or labor will be executed upon written order for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. '""' Authorized Signature ~ ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal for which S.8.A.H. agrees to pay the amount mentioned in said proposal and according to the terms thereof. Signature Date WW'H.a~CD'" page , or 1 SS4301.MO . R... 06104 I ...,....1 J It'.... j... ........-.. T \.J-::JI~IH "-'H ocrChOC1TC'lr r....nT nnn7,Tr,("'n ..leH .:.b ',,0 i.A ~Ip K81tn kL.dC 01:; l-xlj-~..,c.':J:'; p I c:staP I $hlKlinl ! 19a5 ..! SEALCOATING & STRIPING Owner . Joon "'ylle . SaiE-s -K~itt1 Ru~ West Coast: 561.310.8235 Fax: 352.596.9553 Specialists in SealcoJlting c!. Striping Commercial & Residential Asphalt. Sealcoat. Striping * Clearcoat Ernail: sales@bksealcoating.com ~. ~:~~-\~_~e 3 iyO.:-'~' ~)Q ':'Jl_ r)~,'1/ .' c) J~ L C Gt:1-1" East Coast: 561.588.4144 Fax: 561.588,3493 : ESTIMATE' 3128/2008 Customer: Phone: Biliirg Address MCD Dellelopment Inc 561 364 4072 509 S.E. 6th Ave Scullys Restaurant Conlact: Fax City/Stale; Project Address; L!;~ 561 364 7030 I\Aobile: 722 7923 ZIP: 33435 ~r~~: 19...!'""; S3'~:c:'I~ :=1. Projec1 Name: 2005 S. Federal Hwy. Boynton Bch. Fl. Pavement will be thoroughly cleaned to remove all dirt and debris; 2 All areas of pttroleum saturation will be bumeCl, scraped, and coated with .Oil Spot" primer; 3 1 Pound of Silca Sand added per gallon of sealer; 4 4% Rubber additive added to sealer. 5 Spray Two Coals "Star SeaJ" emulsion in accordance with manufacturer's specifications; The finished coating will have a coverage rate of .18 gallons per square yard or 55 square yards per gallon which meets and exceeds all requirements of the U.S. Air Force, FAA and the Federal Gav. Specs RP.355D (GSA-FSS) Approximate Square FO?I 1C,767 - 6 Asphalt NA Paint Maf1(lngs, Striping, & Signage: 2 Blue Handicap ADA Stemcils: To include cross hatching. NA No Parking ~ Car Stops Color Yellow $ Included $ Includea $ Included $ Included $1,195.00 $3.8 5. 0() >, Other Signs NA 21 dhl Stripes x White Yellow /IIII::;C;. S Additional Work.: Comments: Subtract $130 if you choose not to paint the curb stops. Wfi propose to complete the work as specified above tOf' the sum of: Fifteen Hundred Eighty and 001100 ~1,580.00 I \>UAKAN I ~ . une (I) year on malEllalS ana workmlinsmp, except mal as appwea [0 ClacKS aoo lraTTle palOl. The guarantee shall be Iinited to the replace~t of the material and application of S<HTI€. NOTE: . Cracks. even filled with sealer, may still be seen alter Sealcoating is complete . Not responsible for ANY VeNCMS left within 75' of work area while applying sealet"" Any alteratms or deviation from above specifICations In\/olving extfll costs W1Y be execuled only UpOrl written orders. Acceptance of Estimate The above prices. specifications. ano conoitions are hereby acepted and a~. Pavm&nt is due upon receipt unless othefWIse agreed L89aJ fees and court costs incurred 10 collect monies due aecorcling to this contract will be borne tFy the customer. Thl5 Proposal may be withdrawn by BP'; Sealcoatlng & Striping If not aCC8ptlKj within Thirty (30) days Authorized Sgnature ~4 Date of acceptance: Title: ,1 N a me ACCttpt:ed by BK Sealcoattlg Agert: Da1e: ~~/27/2008 02:35 ...'~..- ,. 52 SUPREME SEALCOATING , PAGE 01 -""'" NEBS Clnr.M~prlnU"9 ~l", ,~ NEBS.." _II" ""~" ~__ R.:. No- a '4.J.W 1"0 Jro~llsal - SNpeeme SedtccatiHp, 2514 Ella Street . De/ray Beach. Florida 33444 8_r.I t954/ 326-9M ~ lJ-'t (561) 271-1427 ?G (56f) 27,...I9OS www.suremesc.com ~ON( P1~ 9J1c. i No. of Pages 1 i! 'i I I II 'I. I . i i i ?!lOPOS!\L Sl!&llTTro TO I , 22-7923 JOe l DCA no... OAT!: OF PLANS I 561 364- 0 0 XlQ PHONE 1. 2. 3 4. 5. I I Repair Any Holes in Asphalt Up to 75 Sq. ft. i Clean All Asphalt Areas Using High Power Blowers., . Burn & Prime all Wet Oil Spots. Seal All Asphalt Areas With 2 Coats 01 Starseal Sealer. Spec. 355e Using 4 /bs. of Sand Per Gal of Sealer. Re-Paint All Existing Unes, Carstops. Arrows & All Other Markings As Needed. (SEALCOATING) side r guarantee for any '-. .:~.to traff ic . ".~. carS-tops & all q will b! "t ., '!!;" ~ (.;~,~ ~~.,-" ,Ille lllropos.e hereDy to furnish material and labor - complete in accordance with a ove specifications, for the sum of: P~ent to be made '5 'oHows; $500.00 before work begins & balance due upon completion; of work. dollars ($ 2 20 1 00 ) . I } II /: :1 :/ l~ All malerlal '9 guaranteeO to b~ as sDec,j,ed All work to be completed 'n a wor1<.manlike IT'.snner GtCCOrdlflg to rtandard practices. Any etteretion or d$Vlatlon f'-om above spe6fic8tio~'S invoiVlng extra cost3 wlH be !)t.Kuteo Or1'y upon writtan Qrden,. and w,ll become an e.tr. charge over and above the est,matf AI' ~~ment> contingent uPQn stri"M. .ce,dems or deleys beyond our conT1'Oi. Author ~ed fl Signature N 90 ~ withdrawn b days I r SiHnature I Sign.nure ,I ,.!\.ct.eptann of Jropo~al- The above prices, sDedfications and cond'rtions a~ satisfactory and are hereby accePted. You are ault1ori~l!d to do the work as specified Payment will be mllde as outl,ned aoove. Date 01 AccePtanc" MCD DEVELOPMENT, INC. SIJ9 South Easl 6ttl AI tfiUt'. Hoyn!OII Beach. Flun,b 33435 Orfice 15(1) 31\4.407:: F:1X 'S() i i 364.7030 PROPOSAL March 31 , 2008 Scully's Restaurant 2005 South Federal Highway Boynton Beach, FRL. 33435 RE: Sealcoating Parking Lot This Proposal is offered for the prep and Sealcoating of approximately 12,000 sf of asphalt area including restriping of lines and painting the car stops for a total price of $2,400.- Thank you for this opportunity to bid on your project. ly Sa) ~ Mark C. Daly 7 President ""' Mar 29 08 09:55a ROGER ALLEN 5617409119 p. 1 R1p PAINTING~ INC. 1513 NW 21st STREET BOYNTON BEACH, FL 33436 PAI~T Date Estimate No. 3/29/2008 6230 SCULLY'S RESTAURANT 2005 S. FEDERAL HWY BOYNTON BEACH,FL 561-733-4782 ... , l '1). Pressure clean all exterior of building 2). Prepare and paint soffits 3). Prepare and paint all exterior walls 4). Prepare and paint fascia boards and all blue trim Descri;ption Total 150.00 300.00 1 ,600.00 600.00 Customer Deposit on Job: $1,325.00 Balance on completion: $1,325.00 X SIGNATURE (Customer) NO CHARGE for preSSure cleaning front wood deck and sidewalks 0.00 '-; l Total $2.650.00) P \~ f)l(\j\ ------ PROPOSAL DA TE: 03/28/2008 9262 Plantation Estates Drive Royal Palm Beach, FL 33<111 PHONE; (561) 337-9385 FAX; (561) 459-1037 ~ ~ CORBOCK PAINTING, INC. PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT. ADDRESS ) NA.'.IE MeD DEVELOPMENT, INC. jADORESS 509 SE 6th AVE. , BOYNTON BEACH. FL 33435 PHONE NO. 364-4072 FAX: 364-7030 2500 S. FEDERAL HWY. DATE Of PLANS ARCHITECT ATTN: MARK C. DALY We hereby propose to furnish the materials arid perform the labor necessary for the completion of Pressure clean exterior of building to remove loose dirt Remove screws and nails and patch holes Apply (2) two coats of beige exterior latex flat paint to body. (2) two coats of blue exterior latex paint to trim and all soffits exterior white Cover all lights, walkways, bushes and plants Labor and material included '-, All malenalls guaranteed to be as specified, and the above work to be performed in accordance wilh the drawings and specifications submitted for above work, and completed in a substantial workmanlike manner for the sum twenty-two hundred and twenty-five Dollars ($ 2,2250Q) with payments to be made as follows: Respectfully submitted. Any akerlllion or cleviltion from above specjtications involving extra com wit. be exearted only upon wrilIel1 order, Ind will become an extra charge Per 0_ WId above lhe esIiMe. All agreemeots contir1\l1ft upon striles, ac- cidlllls, or delays beyood our conlJd A .~~ / - Note - This proposal may be withdrawn by us if not accepted within ~ days. ACCEPTANCE OF PROPOSAL The above pnces, specifications and conditions are satisfactory and are hereby accepted You are authonzed to do the work as specified Payments will be made as outlined above. Signature _ Signature Date MCD DEVELOPMENT, INC. 509 South East (ith Avcnue, Boynton Beach, Florida 33435 Offlcc 156! I <64-4072 Fax, 5(1) 3(,4-703U 100 ( I\j ~ f I PROPOSAL March 30,2008 Scully's Restaurant 2005 South Federal Highway Boynton Beach, FRL. 33435 RE: Exterior Paintwork This Proposal is offered for the preparation and painting of the exterior walls and trim. We will pressure clean all surfaces, patch and repair small defects as needed and repaint with two coats of Porter Exterior Latex in colors selected by Owner for a totarprice of $ 2,875.-. A 50% deposit would be appreciated with the balance due upon completion of work. Thank you for this opportunity to bid on your project. '-, Respectfully submitted, . .~ T ~ ......., f/ /1 ( Aj-T- J=LOORS & MORt; PROPOSAL i=L (.'OQS AND r--:C\J.f: 4644 C_..J R~ D..;v~. Co,...! S~ J:l 33076 Pk C}54.!4l-7480 j:Ja954.)(+I,7481 MeD DEVElOPMENT,INC 509 South East 61h ave.Boynton,F1 33435 Ph(561)364-4072 Fax(561)364-7030 Attention: Mark Daly 4/4/08 RE: SCUltyH s Restaurant at Boynton,F1 Proposed work to be done: Paint the interior and exterior of the building complete as per plans and specs. SCOPE OF WORK: interior paint. Price S 2,850.00 1. WALLS & (BUNGS: To apply one coat of primer and two coats of interior latex flat paint 2. DOORS & TRIM :one coat of wood primer and one coat of interior semj-gloss paint. Exterior paint: Pri(~ $ 2,500.00 SIDING :one coat of exterior primer and top coat with e)(terior latex flat paint 1. ~ajnt fascia board 2. Price includes prepping wood,covering areas as necessary,caulk interior and exterior of windows. Price is based on using uSherwin Williams Paints" materials. 1. NOTE: PRICE TO CLEAN AND PRIME WAllS AND CEIUNGS WITH PREP-RITE SHELLAC TO KIll BACTERIA DUE TO FIRE DAMAGE : Price $ 2,600.00 50 % deposit required to start job. Acceptance of proposal, above prices, specification and conditions are satisfactory and are hl!!!reby acc~pted. You are authorized to do work as specified above. Any conditions or change as requested by customer must be signed by a change order and agreed to in advance of work to be performed. Jwner' s Signature Date Douglas Gomez E 131113 39l;td INI~dW~~/~~S~I~ TQ"/Th"hCC: Q7.0n nnn~ I~n ,~n SCULLY'S RESTAURANT 2005 SOUTH FEDERAL HIGHWAY MAILING ADDRESS: 941 BROOKDALE DRIVE BOYNTON BEACH, FL 33435 561-733-4782 CELL 561-386-4654 COMMERCIAL FACADE IMPROVEMENT GRANT APPLICATION MEMBERS OF THE CRA: I WILL BE PAYING FOR THE WORK AND IMPROVEMENT ON MY RESTAURANT WITH TillS LINE OF CREDIT A TT ACHED TO MY HOUSE. KEVIN SCULLY APRIL 17,08 . "\VACHOVIA Customer Name: KEVIN D SCULLY JOANN SCULLY Account Number: 4386-5403-1346-9521 PRIME EQUITY LINE W' '0VIA BANK, NA A\"vuunt Summary Closing Date: Number of days in billing cycle: BeQinninQ balance Payments and credits Purchases and adjustments Cash advances FINANCE CHARGES Balance 04/08/08 Page 1 of 1 04/08/08 32 $30,01895 31,000.00 0.00 5,00000 122.20 $4,14115 CUSTOMER SERVICE: 800-249-3869 800 a.m. to 9:30 p.rn. ET, Monday through Friday Credit limit: $400,000.00 Available credit: $395,858.00 Cash limit: $400,000.00 Available cash: $395.858.00 Payment due date NEW MINIMUM PAYMENT DUE May 3, 2008 $122.20 Rate Summary Average daily balance Monthly periodic rate FINANCE CHARGES Purchases Cash Advances $0.00 $30,857.36 0.396% 0.396% $0.00 $122.20 ANNUAL PERCENTAGE RATE 4.7 50 % 4.750 % Transactions Transaction Date Posting Date Reference Number Description PAYMENT - THANK YOU CONVENIENCE CK #0112 CHARLOTTE NC PAYMENT - THANK YOU 'FINANCE CHARGE' Amount 03/17 03/18 04/07 04/08 03/17 03/18 04/07 04/08 7438654EX2Y24EGL2 7438654EZ6ZSFNF7F 7438654FJ2Y26BHR5 - 1,000.00 5,000.00 - 30,000.00 122.20 News From Wachovia NEED MORE CASH??? HA VE MORE CASH A VA/LABLE WITH A LARGER LINE. CALL US AT 1-866-365-7127 MON. - FRI. 8:30 A.M. T08 P.M. ET TO LEARN MORE ABOUT INCREASING YOUR CURRENT PRIME EQUITY LINE. ;XJ:Y ~,':-... ,~fL I ~.'c,~ ~ACHOVIA '= v-,v..J '-'~' .-~'y' - -oOS t-.O'rfJ\JM lV\l9Vt.':6) \J\ zo "a'tl v99Z99 0000 6U\)\LI~q uaWee10'8 SP~~~ eseald 'sn U~\~~OOl'l sUlBI! IN ,~O^ UW" ,dleoaJ 9\1.\1 "';.r""\ti'l7refl~~W;e: KEVIN D SCULLY JOANN SCULLY l.... .- .AIIII Account Number: 4386-5403-1346-9521 RIME EQUITY LINE IACHOVIA BANK, NA \ccount Summary :Iosing Date: lumber of days in billing cycle: ~e~innin~ balance 'ayments and credits 'urchases and adjustments ~ash advances 'INANCE CHARGES 3alance 03/07/08 Page 1 of 1 03/07/08 29 $0.00 0.00 0.00 30,000.00 18.95 $30,018.95 CUSTOMER SERVICE: 800-249-3869 8:00 a.m. to 9:30 p.m. ET, Monday through Friday Credit limit: $400.00000 Available credit: $369,981.00 Cash limit: $400,00000 Available cash: $369,98100 Payment due date NEW MINIMUM PAVMENT DUE April 1, 2008 $50.00 Purchases Cash Advances $0.00 $4,137.93 0.458% 0.458% $0.00 $18.95 ANNUAL PERCENTAGE RATE 5.500 % 5.500 % Average daily balance Monthly periodic rate FINANCE CHARGES Rate Summary Transactions Amount Transaction Posting Date Date 03/04 03/04 03/07 03/07 Reference Number Description CASH ADVANCE *FINANCE CHARGE* 30,000.00 18.95 7438654EJ09BZN5PM Important Information TOTAL *FINANCE CHARGE* PAID IN 2007 $3158.95 News From Wachovia i! THE TOTAL FINANCE CHARGES NOTED ABOVE DO NOT INCLUDE LATE CHARGES PAID THAT WILL BE INCLUDED ON YOUR FORM 1098 MORTGAGE INTEREST STATEMENT YOUR 1098 MORTGAGE INTEREST STATEMENT WILL BE MAILED BY JANUARY 31,2008 VI. CONSENT AGENDA: F. Approval of Funding $50,000 from the Homebuyers Assistance Program to Brian and Stephanie McCluney I . /- , ( eRA BOARD MEETING OF: May 13,2008 I X I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding Brian & Stephanie McCluney up to $50,000 from the Homebuyers Assistance Program SUMMARY: Brian and Stephanie McCluney are purchasing a single family townhome located at 1703 NE 6th Street, Unit #1303, in The Preserve. The McCluney's household income has been certified as low income HUD 2008 guidelines. Mr. and Mrs. McCluney will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. FISCAL IMP ACT: Up to $50,000 from Bond II proceeds. Line Item 58300-473. CRA PLAN, PROGRAM OR PROJECT: Home Buyers Assistance Program RECOMMENDATIONS: Approve up to $50,000 from the Homebuyers Assistance Program budget to assist Brian and Stephanie McCluney in the purchase of 1703 NE 6th Street, Unit #1303, in The Preserve, subject to execution of the CRA's mortgage, note and agreement at the closing of the property . ...~&~ Vivian Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 0513 CRA Board Meeting May\McCluney HAP.doc HSBC ID LENDER: CONTACT PERSON BUYER/BORROWER (S) SELLER (S) CONTRACT DATE: CLOSING DATE: PROPERTY ADDRESS: YEAR BUILT: BEDROOMS: BATHS: GARAGE: TOTAL SQFT: REQUEST FOR SUBSIDY HSBC Mortgage Corp. USA LASHEA BROOKS Brian P. McCluney & Stephanie Y McCluney The Preserve at Boynton Beach Phone: 561-856-3550 Phone: 561-321-4116 Phone: 561-740-3111 (Laura Talvera) 07-15-1007 05-11-2008 1730 NE 6TH Street, Unit 1303, Boynton Beach, FL 33435 2007 3 2.5 1 INCOME CERTIFICA TlON 'lATE FILE SUBMITTED: .ADUL TS: #CHILDREN: MORTGAGE LOAN APPLICATION PACKAGE MORTGAGE TERM: MORTGAGE INT RATE: INCOME CLASSIFICATION: ANNUAL HOSEHOLD INCOME: FRONT RATIO: BACK RATIO: LOAN OFFICER: SALES INFORMA TION: PURCHASE PRICE: NON-PROFIT DEVELOPER'S FEE: ESTIMATED CLOSING COST: DISCOUNT: PREPAIDS: TOTAL: FINANCING INFROMATION: 1ST MORTGAGE: DEPOSIT: CASH NEEDED TO CLOSE: SUBSIDY1 (CRA) SUBSIDY 2 (HOP) ,)THER CREDITS: (SELLLER CONTRUBITION) 0THER CREDITS: (APPICATION FEE - POC) TOTAL: UNDER AIR: 1590 04-30-2008 2 o 04-30-2008 40 YEAR FIXED 5.375 LOW INCOME $33,852.00 41.17% 43.94% Lashea Brooks DELIVERED X PHONE: 561-856-3550 $240,000.00 $ 5,731.33 $ 612.50 $ 1,171.75 $247,515.58 $122,500.00 $ 7,500.00 $ 193.58 $ 50,000.00 $ 59,997.00 $ 7,000.00 $ .325.00 $247,515.58 HSBC Mortgage Corporation (USA) 11280 Legacy Place, Suite 110, Palm Beach Gardens, FL 33410 Tel: (561) 803-7192 Fax: (561) 630-3115 G:r EllUALHDIISIIll LENDER VI. CONSENT AGENDA: G. Approval of Holiday Extravaganza Parade Route 1""' ~~~~Y~T8~ eRA iIi East Side- West Side-Seaside Renaissance eRA BOARD MEETING OF: May 13,2008 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of the 2008 Holiday Parade Route SUMMARY: The 38th Annual Holiday Parade will be held on December 6, 2008. Due to a large construction project on SE 4th Street, which is the parade line-up area, the parade route and line-up will be changed. The proposed route is as follows: The parade will travel South in the Southbound lane of North Federal Hwy. from NE 10th Avenue (MLK Blvd) to Boynton Beach Blvd. Line-up traffic flow will proceed East on NE 9th Avenue, North on NE 7th Street and West on NE 10th Avenue - out to N. Federal Hwy. Road Closures: N. Federal Hwy from Boynton Beach Blvd to the C-16 Canal. FISCAL IMPACT: None (Info. Only) RECOMMENDATIONS: N/A >~j. J~.~ -" K~h~~ Special Events Manager G:\CRA Board\HOLlDAY PARADE ROUTE 2008.doc eRA 2008 HOLIDAY PARADE ROlJTE HE 13TH AVE Ii; HE 13TH AVE Ii; -NE 13TH AVE .. I , n 12tH AV! . HE 12tH AYf!. HE 1Z1ll AVE Ii; Ii; i I I !Ii! HE 11TH AVE HE 11TH AVE HE 11TH AVE Ii; Ii; ~ I I I! , NOItrH.. NOImIN) NOIm4 N) -_,,_I ~~ ~ MNlIHIRS _v r J z HE 12TH AVE NIl 12TH TM MANOfl 0It , TART . NE10TH ST fiE 13TH TER ItlIlER RD tMltl'lH W__. IILW _nH.WTHEIl.KlCC ".loYO NE'TH AVE .. HE flH AVI f .. HE 'TH AVE NE 8TH ST .. i 9 Ii; ~ I r NE.ITHAVE 1 PARADE L1NE-UP ~ HE'THAVE ~ Ii; ~ lit HE'TH AVE ti , '" !II '\ III HE 1TII AVE HE 7TH A\/!: z , HE 7TH AVE ~ .. i: 7TH AVE . HE 7TH AVE .. 0 .. i :1 I HE lITHAVE t HE arH AVE liE 6TH CT HE ITH AVE ti Ii; .. 1t "'enH Ave ~ ~ ~ .. Your Text Here g R HE ITH AVE >>! I ~ ~ HIUTHAVE Ii; HE 11TH AVE Ii; .. ~ I .. , I !Ii! f HE 4TH AVE Ii; HE 4TH AVE ~ HE 4TH AVE ~ ~ . Ul , 9 z Iii ~HUROAVE i HE 3RD AVE Ii; i .. I ~ ~ R Ul II! z r NUHDAVE PARADE DISBURSEMENT Iii Iii I ~ I HE 1ST AVE Ii . ~ HE 1.T.AVE HE 1ST AVE Ii; Iii !l . TREE LIGHTING . ~ I !I! . OCEAN AVE E OCIAN AYf!. EOCIAN AVE ~ Ii; ti Ii; i Sl ! il II !; i Sf. 1ST AVE II '" Ci Sf. 1ST AVE Sf. 1ST AVE . 1ST AVE !!\ S ~ ~ Ii; ! ~ I ~ I Sf. ~ND AVIE :I III ~ . IIJ Legend _Pond<Ro<te --.. MltADI LN.uP __ PAItAH --'-_NT f:,';;:t,~~:t'~'1 TMII.JOHnrfC xxx. ROAD CLo.l! VI. CONSENT AGENDA: H. CRA Policing District Stats for the Months of March and April 2008 (Info. Only) ~' , ~ '. '" .' ",~t-::> / ",',' ,"'," ~~~..~. ~~~Y~T8~lt RA ill East Side - West Side-Seaside Renaissance eRA BOARD MEETING OF: May 13,2008 I X I Consent Agenda I Old Business New Business I I Public Hearing I I Other SUBJECT: CRA Policing District Stats for months of March and April (Info. Only) SUMMARY: Monthly report, providing data on Crime in the CRA District: March 2008: · Crimes - 62 · Arrests - 15 · Calls for Service - 1506 April 2008: . Crimes - 52 . Arrests - 11 · Calls for Services - 1580 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 Isa Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 05 13 CRA Board Meeting May\CRA Crime Monthly Stats 0408.doc Boynton Beach Police Department Year-To-Date Crime Report 2007/2008 CRA District APRIL 2008 CRIMES Apr-08 Apr-07 + ,- Mar-OS + ,- Y-T-D Y-T-D + ,- 2008 2007 Criminal Homicide 0 0 0 0 0 1 1 0 Sexual Offense 0 0 0 0 0 0 2 -2 Robbery 5 9 -4 4 1 24 20 4 Aggravated Assault 9 14 -5 14 -5 43 58 -15 Burglary 9 13 -4 9 0 50 59 -9 Larcenv 25 33 -8 32 -7 119 139 -20 Auto theft 4 3 1 3 1 22 10 12 TOTAL 52 72 -20 62 -10 259 289 -30 ARRESTS Apr-08 Apr-07 + ,- Mar-OS + ,- Y-T-D Y-T-D + ,- 2008 2007 Criminal Homicide 0 0 0 0 0 1 3 -2 Sexual Offense 0 0 0 0 0 0 0 0 Robbery 1 5 -4 3 -2 10 5 5 Aaaravated Assault 5 10 -5 8 -3 20 27 -7 Buralary 1 6 -5 1 0 9 10 -1 Larceny 2 6 -4 2 0 18 29 -11 Auto theft 2 0 2 1 1 3 0 3 TOTAL 11 27 -16 15 -4 61 74 -13 c~~ Apr-08 Apr-07 + ,- Mar-OS + ,- Y-T-D 2008 6194 Y-T-D 2007 6790 + ,- ;ot... 1580 1687 -107 1506 74 -596 5/2/2008 VI. CONSENT AGENDA: I. Boynton Beach Arts Commission Meeting Minutes - April 22, 2008 (Info. Only) MINUTES OF THE BOYNTON BEACH ARTS COMMISSION MEETING HELD ON TUESDAY, APRIL 22,2008 AT 6:30 P.M. AT THE GREATER BOYNTON BEACH CHAMBER OF COMMERCE CONFERENCE ROOM, BOYNTON BEACH, FLORIDA PRESENT: Angela Budano, Chair Cheryl Arflin, Vice Chair (arrived late) Barbara Lentz Christine Moeller Barbara Ready Nubia Richman Halena Wolf Dana Cook, Alternate Anderson Slocombe, Alternate Debby Coles-Dobay, Public Art Administrator I. Call to Order The meeting was called to order at 6:37 p.m. II. Roll Call of Members Self-introductions were made. III. Agenda approval Motion Ms. Ready moved to approve the agenda. Chair Budano seconded the motion that unanimously passed. IV. Review Purpose of Meeting Minutes The Purpose of the Minutes was distributed to the members. The City Clerk's Office captures the concept of what occurs at the meeting. The minutes are not a verbatim transcript. At the next meeting the board's responsibilities, legal issues and budgets would be discussed. Ms. Coles-Dobay recommended the members review the materials and if there were any questions, they would be addressed at the next meeting. At the board's direction, Ms. Arflin discussed some of the board's fiscal issues with legal staff on March 5, 2008. She had prepared a report that will be included on next month's agenda. Meeting Minutes Art Commission Boynton Beach, Florida April 22, 2008 V. Approve Meeting Minutes Motion Ms. Richman moved to approve the minutes of January 26, 2008. Ms. Ready seconded the motion that unanimously passed. One correction was noted on the heading of the February 26, 2008 meeting minutes which was the word "Boynton" was misspelled. Motion Ms. Ready moved to approve the minutes of February 26, 2008 with the spelling correction. The motion was duly seconded and the motion unanimously passed. VI. Annual Election for Chair and Vice Chair Ms. Coles-Dobay explained that she had sent an e-mail to the members detailing the process of nominating and voting in the election for Chair and Vice Chair. She reiterated that the members would nominate, receive comments on the nomination and then vote on the nominations for Chair. The same process would be used for election of Vice Chair. Mr. Slocombe commented that the use of a ballot would negate the need for nominations; however, Ms. Coles-Dobay explained elections are not done that way. The elections are conducted by nomination and vote. Barbara Lentz nominated Ms. Budano for Chair and Ms. Wolf nominated Barbara Ready also for Chair. Ms. Ready advised she would be fine with resuming the position of Chair; however, it was up to Ms. Budano if she wanted to continue. Chair Budano announced she serves on the board at the Chamber of Commerce and was on the Implementation Team. She has done a lot of work with the City and worked with Planning so that would be a help and she could bring about change. She expressed her respect for Ms. Ready. The question was raised if the board needed to consider the term of the nominee since the term of office and the term of membership were not concurrent. Ms. Coles-Dobay responded until the City Commission made that change, the board would proceed to hold elections as usual in April. 2 Meeting Minutes Art Commission Boynton Beach, Florida April 22, 2008 Vice Chair Arflin took the gavel from Chair Sudano to conduct the election for Chairperson. It was noted the regular members would vote and the alternates would not. When one member asked if a secret ballot could be used for voting, Vice Chair Arflin asked the members if they preferred secret ballot or show of hands. At least one member indicated a preference for secret ballot. The Recording Secretary indicated to the board representative that the members could not vote by secret ballot and in response to Vice Chair Arflin's question why this was not permitted, the Recording Secretary explained that it was her responsibility to record the vote and the dissenters. When the Recording Secretary asked if there would be separate votes on each nominee, Ms. Arflin said there would be no dissenters and the vote could be recorded for both nominees. Ms. Arflin announced the vote would be by secret ballot and the Recording Secretary would have to do the best she could. When Chair Sudano suggested she and Ms. Ready should leave the room during the voting to eliminate awkwardness, Ms. Arflin advised the board representative that would be legal. Chair Sudano was of the opinion the secret ballot should not be used; however, she and Ms. Ready would leave the room and the members should assume Ms. Ready would vote for her and she would vote for Ms. Ready. Sefore leaving the room, Chair Sudano asked that the vote be done in the legal and proper fashion. Vice Chair Arflin expressed her opinion that it was not appropriate for Chair Sudano to address the issue because she was a party to the action and that was a conflict of interest. The Recording Secretary read from Robert's Rules, Section 46, Voting, and explained the usual method of taking the vote, which clearly indicated the intent was to see how the members vote. Vice Chair Arflin had a copy of Robert's Rules, Section 44, and read that voting by ballot is used when secrecy of the members' votes is desired. When Chair Sudano and Ms. Ready left the room at 6:58 p.m. Ms. Lentz questioned if the Recording Secretary was okay with that. The Recording Secretary responded negatively. However, Vice Chair Arflin advised the members to simply write down the name of the person they wanted to vote for and she would be glad to count the votes. Ms. Ready left her vote before leaving the room. Sy secret ballot, the members submitted their selections for Chair to Vice Chair Arflin for tabulation. Six written votes were received including Ms. Ready's vote. There were four votes for Ms. Ready and two votes for Ms. Sudano. It was noted Chair Sudano's vote had not been included. Chair Sudano and Ms. Ready returned to the room at 6:59 p.m. 3 Meeting Minutes Art Commission Boynton Beach, Florida April 22, 2008 Chair Budano was asked if she had voted and if not, did she want to vote for herself. She responded she did not vote and she would vote for herself. The vote was announced as four votes cast for Ms. Ready and three votes cast for Ms. Budano. Ms. Coles-Dobay announced Ms. Ready was the Chair effective immediately. Vice Chair Artlin returned the gavel to Chair Ready. Nominations for the position of Vice Chair were received. Vice Chair Arflin offered she was willing to continue to selVe as Vice Chair if no one else was willing to selVe; otherwise, she would like to remove her name from the list. Ms. Wolf nominated Ms. Budano for the position of Vice Chair. Ms. Budano accepted the nomination. Vote A voice vote was taken and Ms. Budano was elected by unanimous consent. VII. Announcements A. Anderson Slocombe appointed new board alternate The board welcomed new member Anderson Slocombe. B. Board dinner, April 23, at Benvenuto's Chair Ready reminded the members of the board dinner the next evening and if the members did not RSVP, they should let her know if they would be attending. One member who had planned to attend incurred a scheduling conflict and offered her seats to the other members. Each member indicated whether or not they would attend. On a different matter, Ms. Coles-Dobay distributed an Arts and Culture Magazine which contained an article on page 42 about the Avenue of the Arts, a story about the South County Civic Center and Mark Fuller's project. This was the same artist doing the Boynton Town Center horse project. There was also an article regarding the Eternal Vision sculpture and the Children's Schoolhouse Museum was mentioned. The magazine is issued by the Palm Beach County Cultural Council. In addition, the magazine also contained an ad with a painting done by Ms. Wolf. A Sun-Sentinel article printed on April 17, 2008 had an article about the City's Annual State of the City address given at the Greater Boynton Beach Chamber of Commerce. This article references the Art in Public Places program. 4 Meeting Minutes Art Commission Boynton Beach, Florida April 22, 2008 The Palm Beach Post had an article on April 20, 2008 regarding the Postcards from Boynton artwork and the Boynton Forum had an article about the new wing of the City Library which featured artwork by former member Rick Beau-Lieu in memory of the late Assistant City Manager, Wilfred Hawkins. The Spring 2008 City Visions pamphlet had photos of the Highwaymen art project. Ms. Coles-Dobay attended a sculpture symposium about Art in Public Places in Ft. Pierce for St. Lucie County. She distributed information about their Art in Public Places program. She also distributed an article from the Boynton Forum in support of public art in the South Florida area. Their Downtown Development Agency was supporting the effort. VIII. OPUS 14 Oceanfront Park There was discussion at the October meeting that the board wanted to purchase the OPUS 14 turtle sculpture and the board authorized Ms. Coles-Dobay to negotiate with the artist for its purchase. The Recreation and Parks Department was interested in placing the piece at Oceanfront Park. They were redoing the boardwalk to the beach and the intent was to work with the park designer and put the piece in a public place. The piece was created in 1990 for the Center for Marine Conservation in Washington D.C. and Project Reef Keeper. The piece was made of recycled steel pipes from an offshore oil rig and had been on tour throughout the United States before coming to Boynton Beach. The piece would be placed at the park to educate the public about marine life. It was pointed out the environment and the salt would be hard on the piece and maintenance would be an issue. It was noted coatings could be used, but it may detract from the art. Ms. Coles-Do bay explained she inquired about the maintenance aspect and the artist guaranteed the piece would last. There was discussion about liability and whether the artist would have to come in and maintain the piece. Additionally, the base the piece sits on could be reused. The amount being requested from the Arts Commission for the piece would be $9,600. It was suggested exploring what type of coatings could be used. Ms. Coles-Dobay informed the members she asked the artist, Mr. Beau Lieu, to put together maintenance information for the board. The discussion turned to questions about liability if the piece were vandalized. There was agreement to defer the item until additional maintenance information could be obtained. Ms. Coles-Dobay advised there would be insurance on the piece and appraisal information would be kept current. It was anticipated the information regarding the maintenance, insurance and liability would be available by the next meeting. As an afterthought, the members discussed using ballasts around the piece 5 Meeting Minutes Art Commission Boynton Beach, Florida April 22, 2008 and the liability associated with trying to protect the art. She would bring the issue to Risk Management for review. There was a comment made that the artwork at the Carolyn Sims Center had the art piece on one side and that it looked off balance. IX. AIPP Master Plan Detail Discussion A. Status of CRA Master Plan presentation to CRA Board and City Commission Chair Ready announced she sits on the Downtown Master Planning Committee with EDAW and the EDAW report was presented to the CRA and moved on to the City Commission. At the last City Commission meeting, the Commission conceptually approved the concept of the master plan. The big concern was the City Commission did not want to be forced into saving the old high school which part of the downtown master plan. The presentation made to the City Commission appeared to be similar to the Renaissance Commons project. It was discussed there was retail there and there should not be competition between the two projects. The EDAW plan called for the development to be an art and cultural center, and called for demolishing the Art and Civic Centers. Those activities would need a place to go, and it was anticipated they would use the old high school. There was a concern about the height of the structures. A four-story retail/residential construction would be the same as was on Congress Avenue. The model used was a pedestrian friendly model based around different business nodes. The Chair explained it would be different and have more of a boutique feel. From an arts perspective. the EDAW plan provided many opportunities for art in public places. Linear Park could be used to display kinetic art. It was duly noted the CRA was trying to reinvent the area and provide individuals with a reason to go downtown. B. Discussion of public art sectors Ms. Coles-Dobay explained the workshop identified culture, history, preserve, hidden jewels, legal, eco-art, events and other, as characteristics that should be incorporated into development areas. There were structures and facilities such as Jaycee Park, Community Park, the new police center and other, that the board could map out and through art, provide an identity. They noted most pieces could be moved, and they created concrete pads which could be reused. They also tried to obtain a public opinion on the art and it was decided at the next meeting the board would look at new art they would like to accept for the avenue. 6 Meeting Minutes Art Commission Boynton Beach, Florida April 22, 2008 The concept of what would work in different locations was discussed. The board had previously identified characteristics and wanted to apply them to the different development areas. The following are the characteristics that were paired to various locations: . Town Square - Culture, history, preserve high school, legacy and event; · City Beach - Events, eco art, other, Le., history such as shipwrecks, family and tourism; . Federal Highway - Culture, history, other, events (at Linear Park); . Ocean Avenue - Culture, history, preserve, hidden jewels legacy, eco art, events, other; · Heart of Boynton - Culture, history, hidden jewels, legacy, events; . Quantum Park - History, preserve, eco-art, events (High School); . N.W. Subdivisions - Multi/culture; . Renaissance Commons - Multi/culture, other, events, eco art; . Boynton Town Center - Other for business, events; . Boynton Mall - Multi/culture; . Leisureville - Other; · So. Congress - Events, eco-art, multi/culture, hidden jewel; · S.E. Subdivision - History, preserve, hidden jewels, eco art, multi culture, events; and · Woolbright MedicallRetail- Multi/culture, events. C. Next months review topic Ms. Coles-Dobay noted the board had specific ideas about commemorating what exists through art or what might apply to those areas. The members were asked to bring ideas and plans to the next meeting or the workshop. There had been previous discussion there should be one type of theme to tie the City together and a uniform message. The board was interested in branding and it was 7 Meeting Minutes Art Commission Boynton Beach, Florida April 22. 2008 thought a repetitive design or look was needed. The idea was to determine what best represented what Boynton was all about, and it was thought putting out a call to artists and then having something visual to select from would be helpful. The branding could be accomplished through directional signs, boundary signs or a combination of public art. The Arts Commission has not been tasked with developing an image for Boynton Beach, but they wanted to participate in that process because art helps form that image. Motion Ms. Arflin moved the board consider the concept of the parameters for possible icons for Boynton Beach, an image to be used repetitively throughout different symbols or art pieces throughout the City and they add greater detail to what was already begun. There was no action on this item and the motion died. D. Plan next workshop date The next planning session workshop would be held on June 14 or June 21. X. Unfinished Business None. XI. New Business None. XII. Adjournment There was no further business to discuss. The meeting adjourned at 8:47 p.m. ~CJi..J:IwUj~L (I J.. 0 J A I J . Catherine Cherry '-A '-<./v '""7 Recording Secretary 042508 8 VI. CONSENT AGENDA: J. INCA Meeting Minutes - February 11, 2008 (Info. Only) MINUTES - INCA MEETING OF FEBRUARY 11, 2008 Lulu DaCamara's home President, Belinda Murphy, who led the Pledge of Allegiance to the flag, called the meeting to order at 7:00 p.rn. Treasurer's Report: No change from last month. Motion to approve by John Alvaro, Gen MQrris seconded the motion. The Treasurer's report was approved. The January minutes were approved. Gen Morris made the motion. Joe Keith seconded the motion. Belinda said that Brian Miller asked her to mention that the Community Relations Board Meeting will be held at 7 PM on Feb 13 in City Commission chambers. They will sponsor a program in conjunction with the Citizen's Neighborhood Crime Watch program and encourages anyone interested to contact him. Belinda announced that the INCA general meetings will be held at Boat Club Park at a charge of $35 per meeting and a $300 deposit. The deposit can be in the fonn of a check that will not be cashed but must be re-issued every 90 days. March's meeting may be on a Tuesday but that the rest of the meetings will be on Mondays. John Alvaro remarked that it was unconscionable that the City has put INCA out of the meeting place that it used to have on Gateway Blvd and has broken its promise to "take care of INCA" and provide us a new meeting place when the clubhouse was built at Intracoastal Park. John Alvaro said that INCA has been in existence 15 years and was the original homeowners group and that he was at the commission meeting years ago when INCA was promised a new meeting spot. INCA has appealed to the City for a free meeting place as a non- profit organization whose purpose is to improve the City, but has not received a positive response so far. Commissioner Hay attended the meeting and addressed some concerns. Steve Homrich said that INCA's sole purpose is to improve the City and is not a group of citizens meeting for private purposes such as a chess club, etc. He reiterated that INCA should be given back the meeting place which was taken away when the clubhouse on Gateway was demolished. Betty said that Wally Majors noted that each year they donate the pavilion at boat Club Park for the INCA picnic but Betty said that in return INCA participates in the annual Boynton cleanup. Commissioner Hay said that he will bring it up at the next commission meeting and will speak to Mr. Majors and City Manager Bressner and will be back in touch before the next meeting. INCA committees were discussed and new committees fonned: Anyone interested in joining a committee please contact Belinda. · Federal Highway Committee - Steve Homrich, Buck Buchanan, John Alvaro, Stan Nitowski, Joe Keith, Harry Woodworth · Land Use Committee (including HOB, CRA and downtown Master Plan) - Nancy Chandler, Buck Buchanan, Lulu DaCamara . Boynton Inlet Committee . Newsletter Committee - Genevieve Morris . Picnic Committee Steve Homrich gave an oveIView of Federal Highway committee's progress. He had sent photos and a list of problems to Jeff Livergood but one year later, has not seen much improvement. Steve said if the citizens go ahead and clean up Federal Highway the city won't and the city staffhas a better ability to contact the DOT, FPL, etc. and force some action. Commissioner Hay said that he had been in Ft. Lauderdale recently and was told by the FPL official, Anthony Newbold who had been working in the Boynton area that the cleanup in Boynton had been taken care of. Steve said just go north on Federal and look to the right and you will see that little progress has been made - curbs are deteriorating, telephone poles are damaged, there are piles of rubble everywhere. A new person in Boynton sees Federal Highway and gets a negative impression of the city. Steve said the. "Blight" is on Federal when prostitutes don't look out of place- and the citizens do! The bus stops are not adequate for people, there are no trash cans, no benches _ people are using milk crates or rocks to sit on. INCA would not like to see advertising at bus stops - a simple bench like the one in front of CVS or on Ocean A venue with a fixed trash can works fine and can be found in many other towns. North or south of Boynton you can see attractive bus stops. Boynton wants trash cans that can be automatically emptied by a truck. However, this leaves unsightly cans askew on the streets and would be an eyesore. Joe Keith agreed with Steve and said that there has been rubble and old barricades on Federal for 7 years since he moved here. Commissioner Hay asked what the city's answer is to all of this. Steve replied that the answer is always "We'll get it done" but it doesn't get done. Joe Keith said it will take the effort of the city talking to FPL, DOT and other entities. He said that Boynton has been left in the dust while other areas are beautifully maintained and it is a shame because Boynton has been the most vocal about Federal Highway improvement. INCA has worked on this for 1 Y2 years with little visible progress. Jeff Livergood and Scott Blaise were shown the problem sites and made a detailed list. Steve Homrich said he would get the pictures and the list to Commissioner Hay. Joe Keith said that he thought Jeff Livergood's hands were tied because the DOT, FPL, etc. doesn't answer to Boynton Beach and that he will need higher ups to get involved. A suggestion was made to involve the press and ask them to take pictures and report on the problems. Joe Keith said the code enforcement people have improved this year. Scott Blaise got Amerigas cleaned up and the old restaurant knocked down and has done a nice job, impacting Federal Highway in a positive way. Steve said that Mary McCarty was a great help getting the telephone poles fixed - However, the next hurricane destroyed them again. Steve said Boynton used to have a city truck that drove around fixing things, but discontinued it. John Alvaro brought up the Boynton Inlet widening project and a group discussion followed. Commissioner Hay said he was in favor of widening the inlet for safety reasons to reduce the current. John Alvaro pointed out that a barrier reef protects us now and is concerned about changing that. Joe Keith said there are other ways of protecting against storm surge like a lock system. He thought the project would be a shot in the arm for Boynton's economy. Genevieve said there are 2 sides to every story and cited an articulate speaker at the Inlet meeting who made many good points against widening the inlet. She can get a copy of his points. The Mayor of Ocean Ridge is against it. Genevieve said that during regular high tide season the docks are under water. Betty said the tide has gone as far as the RR tracks in the past and that the city has records of this. Steve Homrich said that the tides never catch up and the intracoastal never fills up or empties completely because the narrow Boynton opening keeps the tides from flooding in. The inlets were named Lake Worth Inlet North (West Palm) and Lake Worth Inlet South (Boynton). Widening the inlet will let the water rise higher and go lower. Everyone agreed that this is a complicated issue and all facts need to be considered by the new INCA Boynton Inlet Committee. Lulu asked Commissioner Hay ifhe had seen the Boynton Inlet Storm Surge Report because she had asked Joyce Costello at the city several times and had not been given a copy. Commissioner Hay said he had not seen the report but would look into it. There will be a meeting Friday, February 15 at 8:15 AM about the Boynton Inlet. Mike Arosatti said he works at BB Fisherman Supply and has contacts with Inlet interests all of which favor improving the inlet. He came to the INCA meeting to inquire into joining the Inlet Committee. He said Ocean Ridge and Manalapan don't favor widening the inlet. Joe Keith said it would be a long time before anything happened - may take years and lots oflobbying. Nevertheless it was decided to set up an INCA committee to explore all sides of the Inlet issues. Betty announced that they just opened the Sims Center, a 14,000 square foot recreation center near Poinciana Elementary. She asked for donations of fishing poles to teach the children how to do repairs at worksho~s for at-risk children. She said that Poinciana Elementary had been invited for the 4t yr to Carnegie Hall but has not had the money to attend. Commissioner Hay added that Boynton has a lot to offer our talented kids and praised the Boynton High School choir and the cheerleaders at Hester Park who were all nationally recognized. Commissioner Hay said that he would be a regular visitor to the INCA meetings. The group thanked him for coming. The meeting was adjourned at 8: 15 Respectfully Submitted, Nancy Chandler (Acting INCA Secretary) VI. CONSENT AGENDA: K. Boynton Beach CRA Trolley Web site Updates (Info. Only) ~~~<tY~T8~eRA iIIIi East Side-West S",de-Seas,de Rena",ssance eRA BOARD MEETING OF: May 13,2008 x I Consent Agenda I Old Business I I New Business Public Hearing I I Other SUBJECT: Boynton Beach CRA and Trolley Website Statistics SUMMARY: Monthly report, generated by Google Analytics, providing data on the number of visitors to the CRA and Trolley websites: March 31 - April 30, 2008: . Agency: 1,589 · Trolley: 614 FISCAL IMPACT: Cost budgeted in 2007/2008 from General Fund Budget CRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area (TCEA) RECOMMENDATIONS: Info. Only ---1 I. . (/~ ~tz t lh~-49yz..... Margee A Isperger Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 05 13 CRA Board Meeting May\Monthly Website Stats 0408.doc Dashboard - Google Analytics Page 1 of2 adelspergerm@ci.boynton-beach.fl.us I ~~ttin~ I M-y AGQOul11 II-f~ I ~11 Q!,lt Analytics Settings View Reports: www.boyntonbeachcra.com CR~ ~S;T( Dashboard My Analytics Accounts: Boynton Beach CRA Mar 31, 2008 - Apr30,2008 Comparing to: Site Export Email Beta Graph by: Day I Wftk I Month I Visits ~~ M tV-,- r: \-." \.-. I Visitors Overview II Map Overlay l " - 937 Visitors ~ew.mJK!rt lliew r~_r1 I Traffic Sources Overview II Content Overview Pages Pagevlew~ Pagevie... 1,344 33.90% Direct Traffic 817 (51.42%) Search Engines 19J~ms~M 395 9.96% https:/ /www.google.comJanalytics/reporting/ dashboard?id=4528679&scid=243 6175 5/1/2008 Visits for all visitors - Google Analytics Page 1 of2 adelspergerm@ci.boynton-beach.fl.us I ~ettings I MY8c::c::Q!lnt I H~lJ:l I ~n Out Analytics Settings View Reports: www.boyntonbeachcra.com My Analytics Accounts: Boynton Beach CRA Overview}) Visits for all visitors Mar 31,2008 - Apr30,2008 Comparing to: Site Export II Email Add to Dashboard i Beta Graph by: 1-12Yf I Day I Wnk I Month I Visits "~ /,.,,,.-\ /J\ /'--"."\ ~. 5~ '\' '" / 50 ~~. ~ ! ManM1.2008 i April 7,2008 I AprIl I.,. I Apn121.100! I AjrfI28. 2f08 1 ,589 Visits 51.26 Visits / Day Monday, March 31, 2008 3.84% (61) Tuesday, April 1 , 2008 3.21% (51) Wednesday, April 2, 2008 4.34% (69) Thursday, April 3, 2008 3.46% (55) Friday, April 4, 2008 2.89% (46) Saturday, April 5, 2008 1.07% (17) Sunday, April 6, 2008 1.38% (22) Monday, April 7, 2008 4.22% (67) Tuesday, April 8, 2008 3.59% (57) Wednesday, April 9, 2008 2.89% (46) Thursday, April 1 0, 2008 3.71% (59) Friday, April 11, 2008 3.71% (59) Saturday, April 12, 2008 1.70% (27) Sunday, April 13,2008 1.38% (22) Monday, April 14, 2008 4.09% (65) Tuesday, April 15, 2008 3.71% (59) https:/ /www.google.comlanalytics/reporting/visits?id=4528679&pdr=200803 31-2008043 0... 5/1 /2008 Dashboard - Google Analytics Page 1 of2 adelspergerm@ci.boynton-beach.fl.us I Settin~ I MY AJ;~unt I H~ I ~n Qyt Analytics Settings View Reports: www.boyntonbeachtrolley.com . --rf<o~\"E '{ Dashboard v.E ~ s i T~y Analytics Accounts: Boynton Beach Trolley Mar 31,2008 - Apr30,2008 Comparing to: Site Export II Email Beta Graph by: Day I We..ek I Month I Visits so /~ M '\ . "'V'^-~ .....-'y-___.j\5 IAlrn7.2l108 IApril1Um IApril21,2O@ I April 2UO! ! Man:b 31, 2001 I Site Usage ~A-.r<J'. 614 Visits -",~,""'tV" 34.69% e9unc~R~te -~~ 1 ,563 e~-9@Yl@~ ~""'~^.r.^~ 2.55 PiljJ@f:LlYl~U ....../'.~.~ 00:01 :47 Ayg. Tlm@ QnSit.e .'~'I'.."~-~""'.'-'\r-'''-- -.', 81 .600/0 % New Visits ~--- -- ~--_. ---~--- I Visitors Overview II Map Overlay " - 530 Visitors view reRQrt \liewr~umrt I Traffic Sources Overview II Content Overview Pages Pagevle~ Pagevie... 748 47.86% Referring Sites 342 (55.70%) Search Engines Im1m,plu:> 584 37.36% https://www.google.com/analytics/reporting/?scid=2436191 5/1/2008 Visits for all visitors - Google Analytics Page 1 of2 adelspergerm@ci.boynton-beach.f1.us I Setti~ I MY AccounJ I H~rn I ~n Qyt Analytics Settings View Reports: www.boyntonbeachtrolley.com My Analytics Accounts: Boynton Beach Trolley . Qvery~w }} Visits for all visitors Mar 31,2008 - Apr30,2008 Comparing to: Site Export II Email Add to Dashboard I Beta Graph by: HoJ.!f I Day I Week I MQnth I Visits M Y ",^^""",^^A. ~ ~--" j\ . .... .......' t' .-...... IllIrdl3U0t8 IApril7i2(lOf IApriI!4,. I April 21,lM I Apnl28, 2tOI 614 Visits 19.81 Visits I Day Monday, March 31, 3.09% (19) Tuesday, April 1, 2008 2.12%(13) Wednesday, April 2, 2008 3.58% (22) Thursday, April 3, 2008 2.61% (16) Friday, April 4, 2008 3.75% (23) Saturday, April 5, 2008 2.61% (16) Sunday, April 6, 2008 2.61 % (16) Monday, April 7, 2008 4.07% (25) Tuesday, April 8, 2008 2.44% (15) Wednesday, April 9, 2008 4.89% (30) Thursday, April 10, 2008 2.28% (14) Friday, April 11 , 2008 3.58% (22) Saturday, April 12, 2008 2.44% (15) Sunday, April 13, 2008 1.79%(11) Monday, April 14, 2008 3.09% (19) Tuesday, April 15, 2008 2.77% (17) https://www .google.comJanalytics/reporting/visits?id=45287 1 1 &pdr=200803 31- 20080430... 5/1 /2008 IX. PUBLIC HEARING: NEW BUSINESS A. Consideration of Transferring CRA Owned Property - 219 NW 11th Ave ~lII~ctY~T2~ eRA _ East Side-West Side- Seaside Renaissance REVISED eRA BOARD MEETING OF: May 13,2008 I Consent Agenda I Old Business New Business I X Public Hearing Other SUBJECT: Consideration of Transferring CRA Owned Property Located at NW 11 th Avenue to Habitat for Humanity to Construct an Affordable Single-Family Residence SUMMARY: As part of the adopted 2006 HOB Work Program, the CRA has been acquiring vacant lots on the west side of Seacrest to implement the agency's statutory mission of providing affordable housing. The CRA leverages the public dollar by partnering with the private sector in the development of affordable homes. Transforming vacant lots into affordable owner-occupied homes supports the CRA's goal of improving blight (often vacant lots are used as dumping grounds and the CRA typically pays for clean up) and the physical improvements to the property increase the tax base. ~o date, the CRA has acquired six vacant lots in the HOB District. Three of these lots are being redeveloped on Seacrest and two on NW 12th Avenue. The three lots on Seacrest were transferred to the Boynton Beach Faith- Based Community Development Corporation for redevelopment which is underway. The remaining two lots on NW lih Avenue were transferred to Habitat for Humanity. Habitat recently completed a new single-family three bedroom two bath home with a one-car garage and metal roof. The second home on NW 12TH is nearing completion. On March 31 st, the CRA published a legal notice of disposition of the CRA owned property at 219 NW 11 th Avenue. A single proposal was received from Habitat for Humanity to construct a three bedroom two bath single- family home with a standing seam metal roof, impact windows and a one-car garage. The home will sell for under $100,000 and long-term affordability of the home is guaranteed through a deed restriction. FISCAL IMPACT: Staff recommends the Board sell the lot to Habitat for Humanity for $10.00 in exchange for a significantly reduced sales price, residential upgrades including a 50-year metal seam roof, hurricane impact windows, one-car garage and enhanced landscape and design. The vacant lot was purchased in January of2008 for $40,000. RECOMMENDATIONS: Staff recommends the CRA Board accept the Habitat for Humanity Proposal and enter into a Purchase and Development Agreement for the property known as Lot 2, Block 2, Poinciana Heights. /@ I<<-- Vivian roo s James Cherof Assistant Director CRA Attorney T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 05 13 CRA Board Meeting - May\Revised - Public Hearing Griffin Lot To Habitat.doc x. OLD BUSINESS: A. Consideration of Purchasing City Properties within MLK Corridor Project Area ~~~~Y~T2~ eRA iiiIi East Slde~We$t Side-SeasIde Renalssance eRA BOARD MEETING OF: May 13,2008 I I COll.e~t ~Iend. I X I _ Old Busbte8. 1::1 New)_UJlness I IPublle~..,rlni I I Ot~~t =- =- - SUBJECT: Consideration of Purchasing City Properties with.in'the MLK Co1'ridor ProJect Area SUMlVIARY: At the January 8,2008 eRA BOl!u:d meeting, the Chair requested that staff explore the possibility of having the CRA purchase the eleven. City-owned propel'tles within the MLK Project COliidor (see attached map). At the subsequent meeting, the eRA attorney recommended that the City and eRA each obtain appraisals of the parcels. The City used Earth Tech Consulting to conduct their apPl'tdsals. The eRA used HalT)'Newstreet and Associa.tes for their appraisal. Attached is a spreadsheet summarizin.g the O'lltconre of the appraisals. The City's total appraised value' for the parcels came in at $1.376M and the eRA's was $1.245M, At the suggestion of eRA legal counsel, the two numbers were averaged to come up with a value of $l,31Oj500. FISCAL IMP ACT: $1 ,31 O~500 to come from general revenue in fiscal year 08/09. eRA PLAN, PROGRAM or PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS: Staff recommends that the City and eRA enter into a Purchase Agreement for the eleven parcels owned by the City for a total amount of$l,310,SOO with a closing date to occur in the 08/0.9 fiscal year. ~&B% ViVIan . Brooks Assistant Dire<:tor T:\A.GENDAS. CONseNT AGENDAS. MONTHL V REF!ORTS\Complllllld Agend* Item RequMI Forms by Meetlng\FY 2007 . 200S Soerd Meetl1i9ll1\08 051:~ eRA Boaro Meeting Mly\CRA PurchaSe of CII)' MLK Propertlelll.doc .. n ... ~ i = trI C. ""= ., o "C trI ::l ... trI rI.l ~ ~ n o ., :t c. o ., ""= ., a. trI ~ ...... :> ., trI ~ 0 00 00 0 00 0 00 ~ ~~ ~~ ~ ~~ ~ COCO ~~ J: J:J: J:J: J: J:J: J: J:J: Cf ~~ CfCf ~ Cf Cf Cf Cf C11 I I'J I'JI'J I'J I'J I'J I'J I'J ...... ...... ...... ...... ..... ...... ...... ...... ..... ...... ...... I I I ~~ I K, K, I I K, ...... ..... ...... ...... ...... 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I: ;;.:. ~ M fa - M .- E c:: f'l:l .Ct::l 5 as <(:'2 ftI:Z:~ c M ... .s 0..2 :c" '-' NU- ~ 2 c ~ .r;.' :.:::i :c .- \,J ,~ E I.IJ := f'l:l tn CIJ c: 8 QQ >- ...:::: ,.. ~ "S c Qj '" 0 .., I HELP YOUR COMMUNITY.....BECOME A VOLUNTEER~ I ""I ITS ABOUT FAMILIES MOVING INTO THEIR FIRST DECENT, AFFORDABLE HOME. ONE HOUSE AND ONE FAMILY AT A TIME. In 1991, a group of Boca Raton community leaders founded the South Palm Beach County affiliate to provide the dream of affordable housing. With their contribution of time and efforts the communities of Boca Raton, Delray Beach and Boynton Beach have profited from the great work set in motion. Now it is your turn to help. We invite you to help make a difference and become a Habitat volunteer to continue the tradition of giving back to the community. Volunteers are a vital to our existence, contributing thousands of hours each year to advance affordable housing in our community. As a volunteer, you will have the rewarding experience of helping others achieve the dream of owning a home. Begin your volunteer experience today by completing the attached form. A member of the volunteer team will contact you to discuss your interests and abilities of becoming a Habitat for Humanity volunteer. VOLUNTEER OPPORTUNITIES: · Administration · Property Acquisition · Construction · Publicity · Collegiate Challenge · Quality Assurance · Family Selection · Religious Community · Family Support · ReStore · Finance Speakers · Bureau · Fund Raising · Volunteer Coordination · Office · Women Build tiff !!~~~~. South Palm Beach County, lnc. Boca Raton I Delray Beach I Boynton Beach o YES, I would like to become a Volunteer. Please contact II/e. Volunteer positions have age requirements. Please check the box below that applies to you. o I am between 16 and 18 years of age o I am 18 years of age or older '\ ,1111e Add ress ClI\ __ ___ Zip ~__.__ I ['Illlnl' (Da\ /Work)___.... ['hone (Fvl'ning)__~.___________. Phone (Cell) .____.._.__.____________ [mail vVhat is the best WeW to Contact vOu) -.J Daytime Phone =.J Evening Phone -.J Email .J Cell Phone Please tell us about yourself. We will use this information to provide training and opportunities beneficial to you as a volunteer. Current Occupation Have you ever worked in construction? DYES 0 NO If YES, what was your position? Thank You for becoming a Habitat volunteer. Your contribution will help someone's dream come true! www H FH BOCA 0 R G CJLlE5TIO~S ABOU, EE::or/l~IG t. VOLUNTEEP'" .. CALL (561) B 19.6070 ~ South Palm Beach County, Inc. ~ Habitat " " for Humanity@ 100 E. Linton Blvd., Suite 203A Delray Beach, Florida 33483 (561) 819-6070 (561) 819-0173 Fax www.hfhboca.org (E) EOUAlKOlJlING LENDER April 10, 2008 Boynton Beach Community Redevelopment Agency Heart of Boynton Single-Family Infill Development #1 Habitat for Humanity South Palm Beach has the ultimate goal to eliminate poverty housing and homelessness from the face of the earth by building adequate and basic housing. Furthermore, all of our words and actions are for the ultimate purpose of putting shelter on the hearts and minds of people in such a powerful way that poverty housing and homelessness become socially, politically and religiously unacceptable in our nations and world. With this in mind, it is our expectation that with design changes to accommodate the City of Boynton Beach planning and zoning we can build the home you want to see for under $100,000. If the CRA would transfer title of the property to Habitat for Humanity South Palm Beach Co. for the title fee, we would be able to meet the building requirements with upgrades for the single family home and sell it at or below the $100,000 build price. Please remember that Habitat for Humanity utilizes the Bible payment plan. There is no interest on the loan and all homeowner principle payments go to build other homes for future families. Collaborating with the Boynton Beach CRA has provided great momentum for our mission. The elevations attached have been identified for the vacant land identified as Lot 2, Block 2, located at 219 NW 11 th Ave. between NW 1st Street and NW 3rd Street, in the Poinciana Heights subdivision, Boynton Beach, Florida, for the construction of an affordable single-family home. These are artistic renditions of what we would like to see as revitalization occurs with in the Heart of Boynton Beach. Thank you for the opportunity. We look forward to working with your organization in the future. SW~~ Michael E. Campbell Executive Director Habitat for Humanity South Palm Beach will meet or exceed the following construction guidelines: 18.2 Construction Requirements. The following amenities are required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified: a. Three (3/4) bedrooms with one (1) master bedroom. Depending on the selected family size b. Two (2) full bathrooms including one (1) in the master bedroom. c. The master bedroom must be a minimum of l3'x 14' and must contain a walk-in closet. d. Double kitchen sink. e. Interior and exterior light fixture package. f. Ceramic tile in the entryway, kitchen and bathrooms; carpet elsewhere. g. Appliances must be new and include: washer, dryer, range, range hood, garbage disposal, refrigerator, and ceiling fans in all bedrooms and living room. h. Wiring for: alarm system, cable, internet and phone. 1. Window treatments must be mini-blinds or upgrade. J. Automated in-ground sprinkler system, including swale. k. One-car garage. 1. Impact-resistant windows (Dade-County standards). m. 5- V Crimp metal Roof n. Landscaping must exceed City of Boynton Beach code requirements. o. Overall design of each home must confirm to the design recommendations in the Heart of Boynton ("HOB") Community Redevelopment Plan and the HOB Master Plans and Schematic Designs. t . t 1 1 o ~ z z U1 s: " "mO -:J: zO r-:>r- ~o zoo ~ oz" cnc Ciic~ .-< cnO-t :J:cn ffi~~ m m ;:0 -< ~m -< c o -t ~ 0 ~~ l"~ "'0 () ~~ tl:l W 0 gJ -'" ~ ~~ tc ii :tl (D a: ~gJ c: 0 P- O .... ""d ~ a:: 0 glO 0 ~~ 0 F n :tl c;l "!1 ~ 0 ...... ~~ ~ t:xl l>> (1) c: ~ .-+ @'" ..0 F~ i~ ~~ ......(JQ "z ~~ c;l qg @ 0 (1) ~I l>> NO .... l>> ~;:; I)(l ~~ (D ~l:l ~~ m O~ S~ ~S ~~ l"5 ~ 0 Z ........es <dZ.....cn"'CI::Zp_..~ _ 0;; l! 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"~[~8. _. g -." i t:S BClc.!.o [ . ~;8~ g ~:~g" ~ ~ g.~ o " .~ Co ".0 [~ OJ (2 ~[ a :t S' ... i !l ~ o ~ ttl ~ ~ o z INTRODUCTION The function of the Family Selection Committee of Habitat for Humanity of South Palm Beach County is to select families for the affordable homes we build in Boca Raton, Delray Beach, and Boynton Beach, Florida. Our objective is to work within the criteria approved by our board of directors and Habitat for Humanity International. The three main criteria are: An ability to pay, willingness to partner with Habitat, and need for improved housing. It is our responsibility to advertise throughout our service area, accept applications, process paperwork, interyiew families, maintain records, and approve qualified applicants. The purpose of this manual is to provide a procedural record of the way this committee operates. We have attempted to give a thorough explanation of our process, along with sample copies of frequently used documents. Our committee is currently made up of six members. They are: Judy Ijams, Chairperson, Susan Cook, Stephanie Fishman, Lynn Hoffman, Lois Martin, Ethel Kadwell, and Marcie Pallone. We typically share the responsibilities of paperwork, interviewing and in home visits. The office staff is also of great support to our committee. FAMILY SELECTION HANDBOOK. DOC March 2007 FAMILY SELECTION COMMITTEE PROCEDURES APPLICATION PERIOD Timing for opening of application procedure should be determined. >- Based on building six to ten houses per year, a pool of approved candidates should be maintained for at least one year's projected builds, and no more than two years' projected builds. >- Determine length of application period. >- Advertise application period, stating dates of open period and information on contacting the office. >- Lists of contacts and locations for notices to be posted are available in the office. >- The Habitat for Humanity Publicity Chairperson can assist in contacting news media. >- Office staff can be asked to assist with mailings and to receive and record information. INFORMATION PACKET >- Potential applicants will call the office. >- Name, address, phone number, and source of knowledge are to be entered on log-in sheets. >- An information packet is sent. The information packet will contain a credit release form which must be returned within the stated time period. usually two weeks. The information packet will also include a list of paperwork required if the applicant passes the credit screening. It also explains the requirements for ownership and the Family Selection criteria. FAMILY SELECTION HANDBOOK.doc March 2007 FAMILY SELECTION COMMITTEE PROCEDURES )> Sweat hours are performed on-site in lieu of an application fee. Each applicant must sign in and sign out as an "Applicant" to receive credit for on- site work. )> The average mortgage payment is $500.00 per month, including principal, taxes and insurance premiums. The mortgage can be for a period of fifteen to thirty years. )> A 24 hour-a-day service is available to leave messages for the office or to check the current work schedule. )> Work hours on-site are 8:00 a.m. to 5:00 p.m. Saturdays and 1 :00 p.m. to 5:00 p.m. Sundays. There will always be a supervisor on-site to assist workers. )> Habitat for Humanity will contact each applicant's references, employer, and landlord. A credit report and Florida Department of Law Enforcement report will be obtained on each applicant. A release form must be signed permitting this. Applicants are advised to be sure all reference phone numbers and addresses are correct and current. )> Sweat hours must be completed within two months of the application date. )> Any missing paperwork will be due two weeks from the application date. )> Application review can take up to three months for the Committee to complete. )> Once approved, it may take one to two years before a property is assigned. Construction usually takes four to six months. )> The office should be notified of any changes in address or phone numbers. FAMILY SELECTION HANDBOOK. doc March 2007 3 FAMILY SELECTION COMMITTEE PROCEDURES INITIAL SCREENING AND REVIEW ~ Credit reports are requested by office staff or a Family Selection Committee member. Alternative credit information may be requested, if necessary. ~ If the credit information is satisfactory, the Family Selection Committee does an initial screening of income and expenses. Annual income limits, as determined by the Palm Beach County Housing and Community Development Department, are used for income guidelines. Applicants must be below the "Low Income" limits. No more than 28 per cent of income can be allocated for housing expenses. Families who cannot afford a home will be notified by letter. ~ Anyone who does not qualify will be notified by letter. ~ Florida Department of Law Enforcement reports are requested by office staff or a Committee member. ~ Anyone who does not qualify will be notified by letter. The Family Selection Committee Chairperson will write an appropriate letter. ~ Once all supporting documentation is received and sweat hours are completed, the Family Selection Committee will meet to review the applications. Applicants who have not completed Sweat Equity hours or have not supplied documents or fees within the specified time period will be rejected and notified by letter. ~ All employer, landlord and personal references for the applicant and co- applicant are verified with the applicants and contacted by the committee. FAMILY SELECTION HANDBOOK.doc March 2007 5 FAMILY SELECTION COMMITTEE PROCEDURES >> Each approved family must attend a Family Selection Committee workshop explaining Habitat policies. >> Approved families must attend any additional workshops required by the Family Support Committee. ASSIGNMENT OF PROPERTY AND NON-BINDING AGREEMENT >> When the Construction Committee is ready to build the next home, the family with the highest number of accumulated Sweat Hours is offered the property. Donated hours are not counted for this decision >> If the family accepts the property, a second credit report is requested, unless the original credit report is recent. >> If the credit report is unsatisfactory, the family is contacted and asked to continue working to improve negative credit items, and the procedure is repeated with the next family in line. >> If the family does not want to live in the city in which the property is located, they may reject the city. They cannot be offered a lot in that city again. >> If a family wants to live in Delray Beach, they will have to agree to be a part of the Delray Community Land Trust. >> When a family accepts a property, the Construction Chairperson is notified regarding the house size, which is based on the number of family members to live in it. (No more than two same sex children will share a bed room.) FAMILY SELECTION HANDBOOK.doc March 2007 7 FAMILY SELECTION COMMITTEE PROCEDURES CLOSING ~ Prior to closing, the family will make a walk-through inspection with a member of the Construction Committee. The Support Partner will participate in the walk-through and attend the closing. ~ A punch list will be made and the Quality Assurance chairperson will be notified of any details which require attention. ~ When the 500 hours of Sweat Equity are completed and a Certificate of Occupancy is received, the family will execute all required closing documents. The remaining $500.00 for escrow is collected. 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East Side-West Side-Seas.lde Renaissance eRA BOARD MEETING OF: May 13,2008 I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Continuing Services Contract SUMMARY: At the April 2008 CRA Board Meeting, the CRA Board held a discussion about the existing Continuing Contracts with the 2007 selected Professional Services firms of MSCW Inc., Kimley-Hom and REG, as well as, selected General Contracting firms of Hedrick Brothers, Kaufman Lynn and Burkhardt Construction. The CRA Board directed staff to bring the item back for the June meeting. In the meantime and in preparation for the June meeting, staff learned that under the approved and executed Professional Services Continuing Contracts, a termination date is not specified. The Termination paragraph states that the Agreement shall operate as a continuing contract until either party terminates the Agreement with r without cause by providing written notice to the other party at least thirty (30) days prior to the requested lermination date. Similarly, under the approved and executed General Contracting Continuing Contracts, a Termination Paragraph states that the Agreement shall operate as a continuing contract until either party terminates the Agreement with or without cause by providing written notice to the other party at least thirty (30) days prior to the requested termination date. Since the agency is in full swing with various contractors on various projects, it is prudent staff get direction from the board as early as possible if there is any will or intent to change the process with the CRA Continuing Contracts. FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan. RECOMMENDATIONS: Staff recommends the existing process of Continuing Contracts stay in place for efficiency and accountability. ~CA- f:h "" -A" Bright ~ Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 0513 CRA Board Meeting May\Prof. Services Cont. Contract Update.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 8, 2008 seller agreed with the price, which was supported by an independent appraisal. She noted the appraisal was slightly more than what they were paid. The CRA could not put out an RFP for all the homes on 5th Avenue. They were still working on assemblies on 1st and 4th, but some homeowners were not responsive to the CRA. She advised the CRA assembled about 3 acres in total and the whole block was about 5.5 acres. They were aware they would not get all parcels and they were working to relocate some parties, but she expressed they were also confident that eventually it would happen. Motion Mr. Hay moved to approve. Mr. Weiland seconded the motion that unanimously passed. B. Discussion of Current CRA Continuing General Contract Agreements Ms. Bright explained this item was brought forward at the request of Vice Chair Rodriguez. She explained his request inquired how a contractor was able to get on the CRA approved list of vendors. She responded the CRA does not operate the same way the City operates. The City Development Department has 50 employees and can handle individual bidding projects. The CRA does not. The CRA chose to go out to continuing contract and they selected three firms, with different specialties. and negotiated contracts that would be brought back to the board in June. The difference in her statement and the email to the board members regarding the Residential Improvement Grant was that particular program offers 17 grants. If they went to independent general contractors, they would need 17 different bids with 17 different general contractors and it would be nearly impossible for the staff to handle. Ms. Bright was looking to the board for direction. There was brief discussion of the item and it appeared the board was pleased with the way the process was currently working. They did, however, decide to table the item to the June meeting to allow Vice Chair Rodriguez to be present. XII. Future Agenda Items None. XIII. Comments by Staff Ms. Biscuti announced there was a packet of photos from the Commodores concert. Commissioner Ross left the dais at 7:12 p.m. 7 I;~ (,I, t .. ~~~~Y~T2~CRA filii East Side-West Side- Seas'lde Renaissance eRA BOARD MEETING OF: Apri18,2008 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 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. FISCAL IMP ACT: To be determined CRA PLAN, PROGRAM or PROJECT: Existing CRA Construction Process could be affected RECOMMENDATIONS: Direct staff ~1A'~ Isa 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\General Contractlng.doc Page 1 of2 Bright, Lisa Alt: To: Cc: 'm: 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 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@ao1.com Cc: Taylor, Jerry <TaylorJ@cLboynton-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@cLboynton-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. \ottom line is the CRA does not have enough staff handle project management of seventeen different RIP grants with p Itially seventeen different contractors. Lisa Bright 03/27/2008 Page 2 of2 r-,,: 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. O~ /')7 /?om~ 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. Vote 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. ~ 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 eRA and communication was the key. She emphasized the firm used many different techniques 8 ~VF" I'~...~.' ~~~<t~T8~ICRA . East Side-West Side-Seaside Rena'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: April 10, 2007 AGENDA ITEM: I 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 firms 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, re~onstruction 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 restroolDS, 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 tenns 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. . CataIfumo 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 Meetlngs\07 04 10 CRA Board meeting - April\Construction Services.doc . \,i L ' ,~'. , '/,,,11"_ i .""\~'~' ~~~<tY~T8~CRA Ii 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 finns 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 . Kaufinan Lynn, Inc., General Contractors FISCAL IMPACT: None at this time. RECOMMENDATIONS: CRA 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 (1) 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\Constructlon Services.doc z ~>- U) ~~--' U) ...J ~ ~ w ::::> ~ 0 z < ~~ W<>-< t1 ~ I- > 0 ~~ I-t u.. I- 0 ,.. Z ~ '1.1 w 0- t1 'VV') O ~~ ~< u.. 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City- Approved GC's for Home Improvement Program lGENERALCONTRACTORS \ .SSET CORPORATION "'ust Office Box 7123 Delray Beach, FL 33484 PHONE 495-1110 FAX 495-8329 CELL 561-302-3340 Contact- Toks CRAFTSMAN PLUS, INC. 4615 Haverhlll 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 & S Construction 300 S.E. 5th Avenue #3160 Boca Raton, FL 33432 CELL 561-400-9423 FAX 561-347-8403 r"'ntact - Steve Wolkoff , j~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 ~TW 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, INC. J.-ost 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 & 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 GR.OUP 1'7i09 81st Lane 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 889 1608 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 J CONTRACTORS NOT AT PRESENT BIDDING I ~.M. INDUSTRIES, INC. L~5 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. MAN GAR 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. l 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 Be. 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 The following attachments include a sample of the General Contracting Agreement and a sample of the Professional Services Agreement. All six contracts are available to be viewed at the CRA office. GENERAL CONTRACTING/CONSTRUCTION MANAGEMENT/CONSULTING AGREEMENT c1 THIS IS AN AGREEMENT ("Agreement"), entered into this 2!.day of /.JAIl, ,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 contracting/construction 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 peri<?d 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 eRA agrees to employ the CONSULTANT and the CONSULTANT agrees to perform all general contracting and/or 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 and/or 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 Hourly/Not 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 eRA 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 CONSULTANT shall furnish Certificates of Insurance to the CRA's representative. The Certificates shall clearly indicate that the CONSULTANT has obtained Insurance of the type, amount, and classification as required for strict compliance with this Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CRA's representative. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Agreement. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this 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 specify: Retro date - Full prior acts coveraqe applies). In the event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERF) during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a minimum reporting period not less than three (3) years. CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or claims- made basis and must indicate the amount of any SIR or deductible. B. COMMERCIAL GENERAL LIABILITY, AUTOMOBILE LIABILITY AND WORKERS' COMPENSATION CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. 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 (30) 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, and/or 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 CONSULTANT. 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 madEi 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 filin,g 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 iffiled 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 CONSULTANT reserves the right to assign subcontractors with reasonable prior notice to the CRA Executive Director to this project to insure the quality of the job as well as on-time completion. However, the CONSULTANT shall remain responsible for the completion of the terms of this Agreement. 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 With a copy to: Kenneth G. Spil/ias, 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 CRA or subject to immediate termination by the CRA, either in the event there is any misrepresentation or lack of compliance with the mandates of section 287.133, Florida Statutes. CRA, in the event of such termination, shall not incur any liability to CONSULTANT for any work or materials furnished. 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: BY"~ Its:' {fl' l 'M 'AI. Date. h"- rJ?- 07 ~~~ "', W1{;ZS: ~")hMu~ WITNESS: CONSULTANT - Hedrick Brothers Construction let cJt- t}tqM.dil~~/ WITNESS: By: Its: P,fE<.II')E:NT Date: IoI/q/f)'7 , ~Jh.I~;III~/l; , \ RECO MEND APPROVAL: APPROVED AS TO FORM & LEGAL SUFFICIENCY: \ (c ~~,{) ~ CRA Att ey ( L 1:\Client Documents\Boynton Beach CRA\2419-000\Agreements\GENERAL CONTRACTING CONTINUING CONTRACT - Burkhardt.doc DESIGN AND PROFESSIONAL SERVICES AGREEMENT d THIS IS AN AGREEMENT ("Agreement"), entered into this dkday of 1fI.)1L- , between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA", and MSCW, Inc., authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT." WHEREAS, the CRA has selected CONSULTANT under the provisions of Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act; and WHEREAS, the CRA agrees to retain the CONSULTANT for design and professional services work prescribed herein in connection with various CRA projects, hereinafter called the "WORK"; and WHEREAS, this Agreement shall be considered a continuing contract as described under Section 287.055(2)(g), Florida Statutes; WHEREAS, the CRA has investigated the qualifications of the CONSULTANT to perform the WORK herein contemplated and found them satisfactory; and WHEREAS, the CONSULTANT has examined the scope of the WORK required hereunder and has expressed its desire and willingness to provide such design and professional services and has presented his qualifications to the CRA in support of such expressed desires; and WHEREAS, as a result of the aforementioned, the CRA agrees to enter into this Agreement with the CONSULTANT; and WHEREAS, the CRA Board has approved the selection of the CONSULTANT to perform such services, and the CONSULTANT agrees to accept employment upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the CRA agrees to employ the CONSULTANT for an unspecified term commencing on the Effective Date as defined herein, and the CONSULTANT agrees to perform all design and professional services in connection with the WORK, as described herein, for the total duration of this Agreement, upon the following terms and conditions; namely: 1. . SCOPE OF SERVICES. The CONSULTANT shall provide the following services as necessary and applicable on a continuing or rotating basis at the sole and absolute discretion of the CRA: 1. General Architectural Services - consulting and design services including conceptual, schematic, design development, construction documents, and/or construction administration for public buildings, as well as affordable housing projects and adaptive re-use and restoration of existing buildings with historic character. 2. Landscape Architecture - consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration for landscape and hardscape of public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-of- ways and easements. 3. Civil Enoineerino - consulting and design services related to conceptual, schematic, design development, construction docume~ts and/or construction administration for various projects that require paving, storm drainage, sanitary sewer, potable water, fire protection and other related improvements for public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-of-ways and easements 4. Traffic Enoineerino - general traffic consulting and/or construction administration as well as conduct various traffic, trip generation, parking and other similar studies for possible future projects, or to evaluate existing conditions and project future need. 5. Marine Enoineerino - design, construction and/or construction administration of improvements to the eRA marina property as well as other marine-related tasks. 2. GENERAL PROVISIONS. 1. The CONSULTANT and CRA will negotiate a mutually agreeable separate agreement including a Scope of Work and/or Notice to Proceed to encompass CONSULTANT'S services on as as-needed basis for each project the CRA desires to use CONSULTANT'S services. Any such separate agreement shall be subject to the limits of Section 287.055, Florida Statutes. 2. The CRA reserves, at all times, the right to perform any and all design and profe~sional services or work with other design professionals. This Agreement does not confer on the CONSULTANT any exclusive rights to CRA 2 work, nor does it obligate the CRA in any manner to guarantee work for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CRA outside of this Agreement. 3. The parties agree that any future agreement for each individual project will incorporate a fee structure, as outlined in the applicable Request for Qualifications, based upon a Lump Sum Fee or an Hourly/Not to Exceed Fee. 4. The CRA agrees that it will furnish to the CONSULTANT plans and other relevant available data in the CRA files pertaining to the work to be performed as soon as possible after execution of each separate agreement and/or issuance of each Notice to Proceed. 5. The CONSULTANT shall assist the CRA to develop a program which shall set forth the CRA's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 6. The CRA, with the assistance of the CONSULTANT if requested, shall establish an overall budget for each individual project, including the construction cost (the total cost or estImated cost to the CRA of all elements of each project designed or specified by the CONSULTANT), architectural and other sub- professional fees, relocation costs, on- and off-site improvements, the CRA's other costs and reasonable contingencies related to all of the costs. The CONSULTANT shall endeavor to design the necessary improvements within the CRA's budgetary constraints. However, CONSULTANT does not guarantee its design will be within CRA's budgetary constraints. CONSULTANT shall be compensated by CRA for any additional services necessary as agreed to between the parties to perform any re-design services if construction bids exceed CRA's budgetary constraints. Evaluations of the CRA's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the CONSULTANT, represent the CONSULTANT's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the CONSULTANT nor the CRA has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the CONSULTANT cannot and does not warrant or represent that bids or negotiated prices will not vary from the CRA's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the CONSULTANT. 7. The CONSULTANT will submit a proposal upon the CRA's request prior to the issuance of an individual project agreement, Scope of Work and/or Notice to Proceed. No payment will be made for the CONSULTANT's time and services in connection with the preparation of any such proposal. 3 8. The CRA agrees to designate, when necessary, a representative who shall examine the documents submitted by the CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANTS services. 3. TERMINATION. This Agreement shall operate as a continuing contract until either party terminates this Agreement with or without cause by providing written notice to the other party at least thirty (30) days prior to requested termination date. 4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT for any work shall be commenced upon written Notice to Proceed from the CRA and shall be completed within the time based on reasonable determination, stated in the Notice to Proceed. 5. COMPENSATION. The CONSULTANT agrees to negotiate an "hourly rate" fee or an hourly fee with a "not to exceed" upper limit or a lump sum amount (or a combination of the above) for WORK assigned to CONSULTANT based on the Scope of such WORK. Upon agreement of a fee, the Executive Director of the CRA or his/her designee will issue a written Notice to Proceed to the CONSUL T ANT. The fees for Professional Services for each phase of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CRA and the CONSULTANT and incorporated into the individual project Agreement and/or Notice to Proceed. 1. Hourly Rate Fee: The CRA agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement a fee based on direct labor costs times a factor of 3.0. (The CRA will issue a purchase order for the work which will contain an estimate of total fees. Increases to original purchase orders or new purchase orders will be issued as required to allow continuation of the work.) 2. Not to Exceed Upper Limit: In cases where the scope of work can be readily defined and the level of contingency can be estimated, the CRA and the CONSULTANT will attempt to agree on an upper limit for the hourly work. Hourly rate fees will be paid for the time worked and billed up to the limit of the agreed upon "Not to Exceed" fee. The "Not to Exceed" limit will be negotiated with the CONSULTANT based upon his estimate of time and contingencies. 3. Lump Sum Fee: If this is the agreed upon option, the CONSULTANT agrees to negotiate a "Lump Sum Fee" for a particular assignment when the WORK can be clearly defined. The "Lump Sum Fee" shall be paid for the percent of work completed including expenses and services of subconsultants. The negotiated "Lump Sum Fee" will include all wages, benefits, overhead, profit, and expense for the WORK and will not be inpreased unless there is a change in the Scope of WORK. 4 4. Special Subcontracting Consultants: For services and reimbursable expenses of special subcontracting consultants employed by the CONSULTANT, CRA shall pay CONSULTANT the amount billed to CONSULTANT. Coordinating fees of the CONSULTANT shall be included in the "Lump Sum Fee." Hourly rate contracts will pay for actual hours spent. If a subconsultant is added after negotiation of a "Lump Sum Fee," a 10% coordinating fee may be added to the subconsultant's fee upon written approval by the CRA. 5. For Reimbursable Expenses: A list of the allowable reimbursable expenses are detailed in Exhibit "A." No payment will be made for items not on the Exhibit. 6. PAYMENT. The CRA will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month within thirty (30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the Executive Director or his/her deisgnee and provide the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: 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 eRA, except in consideration of additional compensation, and except for any dispute arising out of this contract. The amount of such compensation s~all be mutually agreed upon receipt of written authorization from the Executive Direc!or prior to performance of a court appearance and conference. 5 9. AUDIT RIGHTS The CRA reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK included herein and for a period of one year after final payment is made. 10. SUBLETTING/ASSIGNMENT The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CRA. 11. DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify such party in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CRA within ten (10) days after notice that said sums are due. 12. INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the CRA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CRA's representative. The Certificates shall clearly indicate that the CONSULTANT has obtained Insurance of the type, amount, and classification as required for strict compliance with this Agreemeht and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CRA's representative. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Agreement. CONSULTANT shall, at its sole expense, agree to maintain in full force and effeCt at all times during the life of this Agreement, insurance coverages, limits, including endorsements, as described herein. By virtue of this Agreement, CRA's indemnification obligations shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. CONSULTANT'S liability under this Agreement shall be limited to the amount of the insurance CONSULTANT is required to maintain under this Agreement. If eRA desires additional limits of insurance coverage, CONSULTANT shall use its best efforts to obtain same. a. PROFESSIONAL LIABILITY CONSULTANT shall agree to maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $2,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $50,000 the CRA reserves the right, but not the obligation, to review and request a copy . 6 of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, CONSULTANT warrants the Retroactive Date equals or precedes the effective date of this contract (Certificate of Insurance shall soecify: Retro date - Full orior acts coveraae aoolies). In the event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERF) during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a minimum reporting period not less than three (3) years. CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or claims- made basis and must indicate the amount of any SIR or deductible. b. COMMERCIAL GENERAL LIABILITY, AUTOMOBILE LIABILITY AND WORKERS' COMPENSATION CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. CONSULTANT shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event CONSULTANT does not own any automobiles. the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall agree this coverage shall be provided on a primary basis. CONSULTANT shall agree to maintain during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be provided on a primary basis. c. UMBRELLA OR EXCESS LIABILITY If necessary, CONSULTANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability. and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest 'Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The CRA shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. CONSULTANT has agreed to and shall maintain minimum Umbrella limits of $5,000,000. d. ADDITIONAL INSURED CONSULTANT shall agree to endorse the CRA as an Additional Insured to the Commercial General Liability. The Additional Insured endorsement shall read "Boynton,. Beach Community Redevelopment Agency." (Project 7 ). 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 notification of the award of this Agreement, CONSULTANT shall agree to deliver to the CRA a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. g. RIGHT TO REVIEW CRA, by and through its Risk Management Office, in cooperation with the contracting/hiring department, reserves the right to review, modify, reject or accept any required policies of insurance, including. limits, coverages, or endorsements, herein from time to time throughout the life of this Contract. CRA reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. The CONSULTANT shall indemnify and save harmless and defend the CRA, its officers, agents, servants, and employees from and against any and all claims, liability, damages, losses, and/or causes of action including reasonable attorneys' fees, to the extent they may arise from any breach of contract or any negligent act, error or omission of the CONSULTANT its officers, employees, agents, sub-consultants or anyone acting their authority and control in the performance of this Contract. The indemnity obligations of this agreement shall not apply to damages or injury to the extent caused by the negligence or willful misconduct of CRA, or its officers, employees, agents, or third parties. 13. CODES, ORDINANCES AND LAWS. The CONSULTANT agrees to abide and be governed by all CRA, County, State and Federal codes, ordinances and laws which may have a bearing on the WORK involved on this project. Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. 8 14. HAZARDOUS SUBSTANCES. Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services to be entered into. In any event, CONSULTANT shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. CONSULTANT'S services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The CONSULTANT shall notify the CRA of hazardous substances or conditions not contemplated in the scope of services of which the CONSULTANT actually becomes aware. Upon such notice by the CONSULTANT, the CONSULTANT will stop affected portions of its services. The parties shall decide if CONSULTANT is to proceed with testing and evaluation and may enter into further agreements as to the additional scope, fee, and terms for such services. 15. ENTIRETY OF AGREEMENT. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, ora! or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 16. MODIFICATION OF AGREEMENT. No alteration, change, or modification of the terms of this Agreement shall he valid unless made in writing and signed by both parties hereto, upon appropriate action by the CRA. 17. MEDIATION. The parties to this Agreement desire to avoid the expense and delay caused by the filing of lawsuits. Therefore, it is agreed that in the event of any dispute or disagreement between the parties that a jointly-selected mediator shall conduct a mediation in an effort to resolve the issue(s) with each party to pay 50% of the mediator's fees. 18. VENUE. In the event any disputes arising out of this Agreement cannot be worked out by mediation, any and all lawsuits shall be filed in the 1Slh Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S. Federal Court. 19. ATTORNEY'S FEES AND COSTS. Should It be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorney's fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 9 20. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 21. PRIOR AGREEMENTS. Any prior agreements between the parties that are in conflict with the provisions contained herein are, to the extent of any such conflict, hereby superceded and repealed by this Agreement. 22. NON-DISCRIMINATION. The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. 23. SEVERABILITY. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 24. ASSIGNMENT OF SUBCONTRACTORS. The CONSULTANT reserves the right to assign subcontractors with reasonable prior notice to the CRA Executive Director to this project to insure the quality of the job as well as on-time completion. However, the CONSULTANT shall remain responsible for the completion of the terms of this Agreement. 10 25. NOTICE. All notices required in this Agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Lisa A. Bright, CRA Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 With a copy to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, FL 33401 If sent to the CONSULTANT, shall be mailed to: MSCW, Inc. Attention: Skip Harvey 100 S.W. Albany Street, Suite 200 Stuart, Florida 34994 With a copy to: Guy S. Haggard, Esquire Gray Robinson, P.A. 301 East Pine Street, Suite 1400 P.O. Box 3068 (32802-3068) Orlando, Florida 32801 26. PUBLIC ENTITY CRIMES SWORN STATEMENT. The CONSULTANT, by its execution of this Agreement, acknowledges and attests that neither the CONSULTANT, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the CRA, is a convicted vendor or, if the CONSULTANT or any of its affiliates has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. CONSULTANT further understands and accepts that this Agreement shall be either voidable by the CRA or subject to immediate termination by the CRA, either in the event there is any misrepresentation or lack of compliance with the mandates of section 287.133, Florida Statutes. CRA, in the event of such termination, shall not incur any liability to CONSULTANT for any work or materials furnished. II 27. EFFECTIVE DATE. This Agreement shall be effective as of the last date it has been executed by all parties. By authority of the CRA Board BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY WITNEs~:A ~~~ WITNESS: ~/3~ ;e~ w'TLss: j - w~C-. By: Prin Its: ~20 I/;"{: Date: t'e,/'-e> /tJ7 Cf.~ 1.~ RECOMMEND APPROVAL: " ) /J C, ~. ()~ J~ Executive Director C APPROVED AS TO FORM & LEGAL SUFFICIENCY: 1:\Client Documents\Boynton Beach CRA\2419-000IAgreemenlsIContinulng Contract - Design & Professional Services _ MSCW.doc 12 EXHIBIT "A" DESIGN AND PROFESSIONAL SERVICES AGREEMENT BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND MSCW, INC. Reimbursable expenses are charged on a direct cost basis times a multiple of 1.1. Reimbursable expenses include all copies, prints, and reproduction costs, postage and shipping; long distance calls; laboratory analysis; field kit charges; equipment rental; and expenses for travel outside a thirty (30) mile radius of the project site (to include food, transportation, lodging, tolls, and mileage). \45700\1 - # 833236 vI From: Pam Carpenter AI: J Rolfe Davis Ins, FaxlD: To: H WlJiam Cook Date: 6/1412007 02:56 PM Page: 2 of 3 ACORD.. CERTIFICA TE OF LIABILITY INSURANCE OP 10 !?9 DATE (MMlDDIVVYV) MSCNmC 06/14/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE J Rolfe Davis ~nsurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 945255 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Maitland FL 32794-5255 Phone: 407-691-9600 INSURERS AFFORDING COVERAGE NAlC# INSURED INSLIlER"'- XL Specialty ~nsu~ance Co 37885 INSlJ'lER B. (XL Envi~onmental - PAl MSCW, Inc. INS~ER c 4750 New B~oad st. , ste :LOO INSURER 0: Orlando FL 32814 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOO 1i'lDICATED, NOTWfTHSTANDING IWY REQUIREMENT. TERM OR CO~!D'TION OF IWY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO V\II-IICH THIS CERTIFICATE MAYBE ISSUEO OR MAY PERTAIN. 11-E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUEl..ECT TO!'J.L THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. AGGREGATE LIMITS SHO\I\IN MAY AAVE BEEN REDUCEO BY PAID ClAIMS, LTR NS~ TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MM/DDIYV) LIMITS GENERAL LIABILITY EACH OCC~RENCE $ - - OERCIAL GENER!'J. LIABILITY PREMiSES lE;-~~';;encel $ - ClAIMS Ml\DE 0 OCCUR MED EXP (Anyone person) $ PERSONAL & AlJV INJURY $ - GENERIlL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ I POLICY n '1& n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f..- (E. ecddenl) $ "'NY AUTO I-- ALL OWNED AUTOS BODILY INJURY I-- (Per person) $ - SCHEDUlED AUTOS I-- HIRED AUTOS BODILY INJURY $ NOI'~OWNED !'J.rros (Per accident) '-- - PROPERTY DAMAGE $ (Por eccldent) GARAGE LIABILITY ALlTO ONL Y - EA AeCIOENT , ~ PNY AUTO OTHER THi'N EA ACe $ ALlTO O~R.Y' AGG $ 5ESSlUMBRELLA LIABILITY EACH OCCURRENCE $ OCCU< 0 CLAIMS Ml\DE AGGREGATE $ * R DEDUCTIBLE $ RETENTION , $ WORI~ERS COMPENSATION AND hO'R'v tl~rrs I IUER" EMPLOYERS' LIABILITY EL. EACH ACCIDENT $ PNY PROPRIETORJPARTNERlEXECUTIVE OFFJCERlMEMBER EXCLUOEO? E.L. DISEASE - EA EMPLOYEE $ M~a:5~~v\S'~s below E,L, DISEASE - POLICY LIMIT , OTHER A PrOfessional Liab DPR9602461 10/01/06 10/01/07 Pe~ Claim 2000000 Claims Made Agg~egate 2000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS AlJDED BY ENDORSEMENT I SPECIAL PROVISIONS * Except as required by Flo~ida statute. $50,000 Retention. CERTIFICATE HOLDER CANCELLATION BOYNBEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL 10* DAYS WRITTEN Boynton Beach Redevelopment NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE moo SO SHALL Agency r IMPOSE NO OBLIGATION OR LIABILIlY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Attn: Executiv~ Director 915 s. Federal Highway REPRESENTATIVES. Boynton Beach FL 33435 REPRESENTATIVE 1'..... . ~ ~.-<./I / ACORD 25 (2001108) @ACORD CORPORATION 1988 Jun 14 07 03:24p ROBBY STANFORD STATE FARM p.2 CERTIFICATE OF INSURANCE This certifies that 0 STATE FARM FJREAND CASUALTY COMPANY, Bloomington, Illinois o STATE FARM GENERAL INSURANCE COMPANY. Bloomington, Illinois o STATE FARM FIRE AND CASUALTY COMPANY, Aurora, Ontario IZJ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida o STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below; Policyholder MSCW, INC Address of policyholder Location of operations Description of operations 4750 NEW BROAD STREET ORLANDO, fL 32814 COM~roN!TY PLJL~NERS, DESIGNERS & ENGINEERNS The policies listed below have been Issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms, exclusions, and conditions of those policies. The limits of liability shoym may have been reduced by any paid claims. POLICY PERIOD LIMITS OF UABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Dale (at beginning of policy period) 98-97- 9571-2 B Comprehensive 10-16-06 : 10-:6-07 BODILY INJURY AND Business liability ! PROPERTY DAMAGE -iiifsinsiiranciiinciudes:' - -Cipiociucts-:Ci:jr;'-plet6(r6peraiiori~'''-'' ".n ..'m___.. -...- ~ Contractual Liablllty Each Occurrence $ 1,000,000 IZI Personal Injury 181 Advertising Injury General Aggregale S 2,000,000 0 0 Products - CO,mpJeted S 0 Operalions Aggregate POLICY PERIOD BODIL Y INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date : Expiration Date (Combined Single limit) 98-N2-3381-8 B 181 Umbrella 10/01/06 , lO/07/e7 Each Occurrence $ 5, ODD, 000 , o Other , Aggregate $ , POLICY PERIOD Part I . Workers Compensation . Statutory Effective Date , ElCpiration Date 98-TJ-1704-9 F Workers' Compensation 10/07/06 10/07/07 Part II - Employers liability and Employers Liability Each Acddent $1,000,000 Disease- Each Employee $1, ODD, 000 Disease - Policy Umit $1,000,000 POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date i Expiration Date (at beginning of policy period) , , , , , : THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATNEL Y NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder Executive Jirector Boynton 3each Community Redevelopment Age~cy 915 S.Federal Highway Boynton 3each, FL 33435 If any of the described policies are canceled before their expiration date, Stale Fann will try 10 mail a written notice to the certificate holder 30 days before cancellation. If however, we fall to mail such notice, no gation or liabilitywi:~~lJ!POSecl 0J17tat Fann Oo.:ts g~~~ or retesen~r;t"l..c Signature of Authorized Represen1atlve AGENT 06-14-07 Title Dale ROEBY STA.\lFORD Agent Name Telepnone Number 407-213-1460 Agent's Code Stamp Agent Code 2028 558-994 a.6 P1n1ed i~ U,SA Rev. 05.09.2006 AFO Code E'352 Jun 14 07 03:25p ROBBY STANFORD STATE FARM p.5 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ~ STATE FARM MUTUAL AUTOMOBilE INSURANCE COMPANY of Bloomington, minois o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, /lfinois D STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas D STATE FARM INDEMNITY COMPANY of Bloomington, f/linois, or D STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, illinois has coverage in foreefor the following Named Insured as shown below: NAMED INSURED: MSCW, Inc. ADDRESS OF NAMED INSURED: 4750 New Broad Street, Orlando, rL 32814 POLICY NUMBER 2942619E3':>59K 2942623E3059~ 2942626E.3059J 2942629E3059J EFFECTIVE DATE I OF POLICY 05/30/07-11/30/07 . 05/30/07-11/30/07 05/30/07-11/30/07 05/30/07-11/30/07 DESCRIPTION OF 2007 TOYOTA 2007 3~lW 2007 TCYOTA 2007 JEEP 4 RONNE" ; 550I HIGHLANDER HYEYRD COMMANDER VEHICLE (Including VlN) JTE3UlfR270l1S42g ~EAN3535X1CP05~16 JTEEW21A~700~0056 lJ8EG5BP97CS84736 L1ABILllY COVERAGE IZI YES DNO ~YES DNO 1ZI YES DNO IZI YES DNO LIMITS OF LIABILITY a. Bodily Injury Each Person Each Accident b. Properly Damage Each Accident c. Bodily Injury & ! Property Damage Single Limii Each Accident 1,000,000 1,000,000 l,OO:,GOO 1,00::1,000 PHYSICAL DAMAGE r8J YES DNO r8J YES DNO : IZ1 YES DNO I8l YES DNa COVERAGES a. Comprehensive $ 1:)0 Ded uclible $ 100 Deductible i $ 100 Deductible $100 DedlJclible (g! YES DNa I8J YES DNa IZl YES ONO ~YES DNa b. Collision $ 500 Deductible $ 500 DedlJclible $ 500 Deductible $ SOD Deductible EMPLOYERS NON-OWNED ~YES DNO [gJ YES DNO [gl YES DNO 181 YES DNO CAR L1ABILllY COVERAGE HIRED CAR LIABILITY Igj YES DNa Igj YES DNO IZI YES DNO I8l YES DNO COVERAGE FLEET. COVERAGE FOR ALl OWNED AND UCENSED DYES ~NO DYES [gJ NO DYES DNa DYES r8J NO MOTOR VEHICLES ~^".L~:: / Agent 59-2028 06/14/07 Tille Agent's Code Number Date Name and Address of Certificate Holder Executive Jirector Boynton Beac~ Comrnuni~y Redevelopment Agency 915 S.Federal H~ghway Boycton Beac~, FL 33435 Name and Address of AQent Robert C. Stanford State Fa=m Insurance 7620 Lake Underhill Road Orlando, FL 32622 INTERNAL STATE FARM USE ONLY; 0 Request permanent CertifICate of Insurance for liability coverage, 122429.3 Rev. 07-28-2005 181 Request Certificate Holder 10 be added as an Addilionallnsured, Jun 14 07 03:24p ROBBY STANFORD STATE FARM p.3 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. . This certifies that [81 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas o STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or o STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in rorce for the following Named Insured as shown below: NAMED INSURED: MSCW, Inc. ADDRESS OF NAMED INSURED: 4750 New 3road Street, Orlando, FL 32814 POLICY NUMBER 3431136E3059I 2942641E30S9H 3l~5n8E30591 29<12E4SE3059I EFFECTIVE DATE OF POLICY 05/30/07-:1/30/07 05/30/07-11/30/07 05/30/07-11/30/0, 05/30/07-11/30/07 2003 TOYOTA i DESCRIPTION OF 2::;05 FORD EXI?L 2004 TOYOTA 4 RUN TACOMA 2005 FORD EXP VEHICLE (Ineluding VIN) IFMZU73E65UB39105 ~EB014R04B027083 5TEI?M62N73Z296623 ; 1FY.PU18575LA30056 LlABllITY COVERAGE IZI YES DNO fE1 YES DNO I8:J YES DNO IZI YES DNO LIMITS OF LIABILITY s. Bodily Injury Each PelEon Each Accident b. Property Damage Each Accidenl c. Bodily Injury & Property Damage Single limit Each Accident 1,000,000 1,000,000 l,CoOO,OOO l,Oou,::OO PHYSICAL DAMAGE 181 YES DNO 1ZJ YES DNO IZI YES DNO IZI YES DNO COVERAGES a. Comprehensive $ 100 Deductible $100 Deductible $100 Deductible $ 100 Deducbble [81 YES DNO tEl YES DNO l8l YES DNa IZI YES DNO b. Collision $ 500 Deductible $ 500 Deductible $ 500 Deductible $ 500 Oed uctible EMPLOYERS NON-OWNED IZI YES DNO lEI YES DNO ]gI YE S DNO l8J YES DNO CAR LIABILITY COVERAGE HIRED CAR LIABILITY IZI YES DNO 181 YES DNO 181 YES DNO [81 YES DNO COVERAGE FLEET. COVERAGE FOR ALl OWNED AND UCENSEO , [J YES ~NO DYES l8J NO DYES 181 NO DYES I2J NO ~R VEHICLES IYJAJ" ( JlIr'J,.( / Agent 59-202E 06/14/07 ~gnature of Authorized Representative Tille Agent's Code Number Date Name and Address of Certificate Holder Exe=utive Director Boynton Beach Comrn~nity Redevelopment Agency 91~ S.Federa: Highway Boynton Beach, F~ 33435 Name and Address of AQent I Robert C. Stanford I State Farm Insurance i 7620 Lake U:1derhill ;l.oad 'orlando, FL 32822 I INTERNAL STATE FARM USE ONLY:. 0 Request permanenl Certificate of Jnsurance for liability coverage. 122429.3 Re-,.07.26.2005 181 Request CertifICate Holder to be added as an AddItional Insured. Jun 14 07 03:24p ROBBY STANFORD STATE FARM p.4 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRllTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that 1:81 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of DaHas, Texas o STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or o STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: MSCW, Inc. ADDRESS OF NAMED INSURED: 4750 New Broad Street, Orlando, Ii'L 32614 POLICY NUMBER 2942608E3059K 2942613E3059I 29<12E14E3059L 3395654E3CS9H EFFECTIVE DATE OF POLICY C5/30/0J-11/30!07 05/30/07-11/30/07 05/30/J7-11/3C/C7 05/30/07-11/30/07 DESCRIPTION OF 2007 FORD 2006 LEXUS R:<330 EXPEDITION 2006 LEX~S RX330 2006 FORD EXPL VEHICLE (Including VIN) 2T2HA31U86C096246 1FMFU17547LA14669 2T2GP_31U76C046B40 IFHEU73E36UA3252B LIABILITY COVERAGE !8l YES DNO [gJ YES DNO ' IZl YES DNO I8l YES DNO LIMITS OF LIABILITY a. Bodlly Injury Each Person Each Accident b. Property Damage Each Accident c. Bodily Injury & Property Damage Single limit Each Accident 1,000,000 l,OOO,OOO 1,000,000 1,000,000 PHYSICAL DAMAGE I8l YES DNO I8l YES DNO IZI YES DNO 1:81 YES DNO COVERAGES a. Comorehensive S ~oc Deducllble $100 Deductible $ 100 Deductible $ 100 Deductible 181 YES DNO f8I YES DNO 18I YES DNO ~YES DNO b. Collision S 500 Deductible $ 500 DeducUble $ 500 Deductible $ 500 Deductible EMPL.OYERS NON-OWNED IZI YES DNO ! [gJ YES DNO f8I YES DNO IZI YES DND CAR LIA8lLlTY COVERAGE HIReD CAR LIABILITY IZI YES DNO : Igj YES DNO f8I YES DNO IZI YES DNO COVERAGE FLEET - COVERAGE FOR in1J '(ES ~ cgJNO A~~EOAND UCENSED DYES !;gj NO DYES DNO DYES IZI NO R VEHICLES K L. y~ r"~ I " ~ ' '. f Agent 59-2028 06/14/07 Signature ot Authonzed Representative Name and Address of CertifiCate Holder EKecutive Director Boynton Beach Community Redevelopment Agency 915 S.Federal Highway Boynton Beach, FL 33435 Tille Agent s Code Number Name and Address of Aaenl Date Robert C. Stanford State Farm Insu=ance 7620 Lake Underhill Road Orlando, FL 32622 I INTERNAL STATE FARM USE ONLY: 0 Request permanent Certificate of Insurance for liability cOllerage. 122429.3 Rev. 07.26-2005 C8I Request Certificate Holder to be added as an Additional Insured. Jun 14 07 03:26p ROBBY STANFORD STATE FARM p.6 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTfFICA TE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTfACATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that ~ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington. Illinois o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dal/as, Texas o STATE FARM INDEMNITY COMPANY of Bloomington, illinois, or o STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: :l1S:::;W, Ir.c. ADDRESS OF NAMED INSURED: 4750 New B40ad Street, Orlando, E"L 32814 POLICY NUMBER 2942630E3059I 2942632E30590 2942635E3059H 2942638E3059.1 EFFECTIVE DATE OF POLICY 05/30/07-11/30/07 C5/30i07-11/30/07 05/30/07-11/30/07 05/30/07-11/30/07 DESCRIPTION OF 2002 FORD EXI?L 2005 FORD 500 1998 TOYOTA TACO 2004 G:;fC E~:VOY VEHICLE (Including vrN) IFMZU73E72UA55306 IFAFP28135G196549 4TAWM72N7WZ031097 1GKES121?S46206635 LIABILITY COVERAGE Igj YES DNO rgJ YES DNO 121 YE S DNO t8I YES DNO LIMITS OF LIABILITY a. Bodily Injury Each Person ; Each Accident ; b. Properly Damage Each Accident c. Bodily Injury & ! Properly Damage Single Limit Each Accident 1,000,0::0 1,000,0::10 1,000,000 1,000,000 PHYSICAL DAMAGE IZl YES DNO i 121 YES DNO 121 YES DNO IZI YES DNO COVERAGES a. Comprehensive $ :00 Deductible ' $100 Deductible $100 Deductible $100 Deductible 1ZJ YES DNO : !Zl YES DNO IZI YES DNO IZI YES DNO b. Collision $ 500 Deductible i $ 500 Deductible $ 500 Deducllble S 500 Deductible EMPLOYERS NON-QWNED 181 YES DNO 121 YES ONO 121 YES DNO IZI YES DNO CAR LIABILITY COVERAGE HIRED CAR LIABILITY IZI YES DNO !Zl YES DNO 121 YES DNO 121 YES oNO COVERAGE FLEET - COVERAGE FOR ALlOWNEoAND UCENSED DYES fiE! NO DYES (gj NO DYES IZI NO DYES IZI NO ~TOR VEHICLES ., i ~ L J!/",iI 7 Agent 59-2028 06/14/07 ., · S1girature of Authorized Repret"entative ., Titre Agent's Code Number Date Name and Address of Certificate Holder 'gxecutive Director Boynton Beach Co~unity Redevelo~ent Agency I 915 S. Federal Highway Boynton Eeach, FL 33435 Name and Address of AlJent Robert C. Stanford State Farm Insurance 7620 Lake Underhill Road Orlando, FL 32322 : INTERNAL STATE FARM USE ONLY: -0 Request permanent Certificate of Insurance for lIabilily -collerage. 122429.3 Rev. 07-26-2005 181 Request Certificate Holder to be added as an Addilionalln5ured, x. OLD BUSINESS: C. Consideration of Revised Contract for the Purchase of Property Located at 114 NE 5th Ave , ',,~~f~:~ "~~'" m~! 30vNT-O~lC~~<' RA '~3l:'ACH'; . . East Side-West S"lde-Seaside Renaissance eRA BOARD MEETING OF: May 13,2008 I I Consent Agenda I X I Old Business New Business Public Hearing 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$l87,500.00. SUMMARY: During Fiscal Year 2006-2007, the CRA Board approved the acquisition often (lO) parcels on NE 4th and 5th Avenue, between N. Seacrest Boulevard and NE lst Street in the Heart of Boynton neighborhood area (see the attached map). These properties combined for approximately 2.5 acres ofthe 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. At the April 8, 2008, CRA Board meeting, the Board approved the Purchase Agreement for the property located at 114 NE 5th Avenue with the Burke's for the contract price of $225,000.00 contingent on the results of any and all inspections including but not limited to an appraisal. An appraisal was performed by Anderson & Carr, Inc. on April 15,2008, and a fair market value of $175,000.00 was established. Due to the approaching expiration of the contract's "Feasibility Period" and spacing of the Board meetings, the contract was terminated by CRA legal counsel. Since receiving the appraisal, staff has been negotiating with Mr. and Mrs. Burke to reach a more suitable price for the parcel. The Burke's have agreed to sell the property for $l87,500.00, a value that is 9% above the appraised value. Given the location of the parcel in relationship to current CRA owned parcels and the proposed workforce housing development which will attempt to encompass the majority of the NE 4th & 5th Avenue Block, staff feels the purchase of the parcel will provide an opportunity to create a more suitable design. The property is the last remaining residential parcel on the south side ofNE 5th Avenue (see attached map) and this purchase, together with past property purchases, will make the square foot value of all CRA acquisitions for the block to be $20.83 (see attached analysis). Prior to the proposed contract price, the average price was $20.45 per square foot. FISCAL IMP ACT: 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 tween the CRA and Gregory & Kerry Lowe- Burke for 1 4 NE 5th Avenue in the amount of$187,500.00. Vivian Brooks Assistant Director James Ch of CRA Board Attorney T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 05 13 CRA Board Meeting May\Revised Burke Purchase Agreement.doc2007-08 Board meetings\ May 13-08 ~ c "'" cu ~ OEVl c.. &~~ B ~ ....>eo X....-lxo :J: QJ.. QJ :J: E t]j co g. t]j .9- t]j ....L/')c:O....-lt=....-l cu cu :c E cu UJ UJ C ~ ~ ~ .c ..., In '" .c ~ ~ c cu Ez ~......>-z>->->->-cu 0> en So I! E ~ .... fa m """'L/')L/')\O,......OI'l1 A.....\O,..........-l....-lNO'lCO U.M~LriMNIJ:iO. 8 .N....-l....-lNMNN Ie U) A. -tA--tA--tA--tA--tA--tA-iA- 00 0 0 0 00 0'1 ."" - . v 0 0 M 0 \0 -. .... ~OONNL/')L/')O'l&n~ .......... NN .VNMM\O\O....~ MM....-lN ..... U) PI "CI PI C fa .... CUOOOOOOo uOoooooo ._ 0 0 0 0 0 L/') &n &:. ...n L/')" 0 L/')" 0,...... N~ N,......OV....-lOO ~OOVNL/')N....-l3 ~ N ~ :I A.-tA--tA--tA--tA--tA--tA-iA- '" 0.1- c: c: > > ... 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Consideration of Police Athletic League's (PAL) Request of Funding I! , "-.\\ J. c!:. i <".:~;,>: ~-,'L~; ,'" /,-" ,j ." - , ~~~Y~T8~1c RA iI East Side- West Side-Seaside Rena",ssance eRA BOARD MEETING OF: May 13,2008 I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Police Athletic League's (PAL) Request of Funding to Send Boynton Beach Basketball Team to the National Competition SUMMARY: The PAL program emphasizes the importance of keeping kids off the streets and away from gangs, while participating in constructive and positive programs. Recently, three basketball teams from the Boynton Beach PAL qualified to compete in the 2008 PAL Nationals tournament taking place in Hampton, Virginia on June 23-29, 2008. The Boynton Beach PAL program includes 400 participants from Boynton Beach, of which, 200 live within the CRA District. There will be a total of 44 participants on the trip, including 30 who live within the CRA District. PAL is requesting funding to help cover the expenses related in making this trip to Hampton, Virginia. FISCAL IMPACT: Up to $10,000 is available from the CRA Board Budget Miscellaneous line item # 01-51010-203 CRA PLAN, PROGRAM OR PROJECT: Vision 20/20 Plan or Heart of Boynton Plan RECOMMENDATIONS: Provide funding to the Boynton Beach Police Athletic League in an amount to be determined by the Board ~ 8,- ~ , .k isa Bright ~ Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 05 13 CRA Board Meeting May\PAL.doc BOYNTON BEACH POLICE ATHLETIC LEAGUE 100 E. Boynton Beach Blvd. · Boynton Beach, FL 33435 (561)742-6190 · Fax (561)364-4079 Lisa Bright Boynton Beach eRA Executive Director On Friday, March 31 - April 1, 2008, three Boynton Beach Police Athletic League (PAL) teams competed in the State Basketball Tournament games played at the Disney Wide World of Sports Complex in Orlando, Florida. The three teams; 10 & under, 12 & under and 14 & under, placed first and second in the tournament. As winners the teams qualified to play in the 2008 PAL Nationals held in Hampton, Virginia on June 23 - 29, 2008. The PAL Program emphasizes the importance of keeping kids off the streets and away from gangs while participating in constructive and positive programs. The program continues to promote, encourage and motivate youth who are striving to make positive life choices. Because of PALS dedication to children, the program continues to produce successful high school and college athletes, professional football players, and mentors who make a difference in the lives of youth. The Boynton Beach PAL Organization has committed to sending three teams to the Nationals. This includes; (36) players, (6) coaches and (2) police officers. We have estimated the trip to cost ($22,780) which will cover the following expenses: A. Transportation (44 people) totaling $10.000 B. Hotel $1,500 per night (6 nights) totaling $9.000 C. Food $15.00 per person (6 days) totaling $3.780 The PAL Organization has already raised $10,000 through fundraisers and donations to help defray trip expenses. To send three teams PAL is in need of an additional $12,780 to cover the total trip expenses to Hampton Virginia. Therefore, we are in need of your support. Please help us to meet our financial goal of sending our three teams to the PAL Nationals. Playing in the Nationals will create a lifetime of memories that will contribute to great future outcomes. Thanks in advance for your support of the PAL Program. Thank you, ,., (;j) I / (/__ __' 1r.,~J (! Bill Tome, Boynton Beach Police Athletic League Director CC: Matt Immler, Police Chief Lt. Kelly Harris Sgt. Frank Danysh XI. NEW BUSINESS: B. Consideration of Work Order #07-124.6700 with MSCW :;-~}' y~~;;:- /,"~\ ..~~, / /-,,-,;\, ":-" .~ ;;'~''>,'i """. , .~~~Y~T8~}C RA iii East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: May 13,2008 I I Consent Agenda I Old Business I X I New Business Public Hearing . Other SUBJECT: Consideration of Work Order # 07-124.6700 with MCSW, Inc. for Marina Slip Renovations SUMMARY: At the June 12,2007 CRA Board meeting a continuing contract for marine engineering and design services was approved with the firm MCSW, Inc. whose expertise is in marine engineering. MCSW was authorized to perform design services for the redevelopment of the Boynton Harbor Marina under Work Order # 07-0124 at the August 2007 Board meeting. The Boynton Harbor Marina (fka Two Georges) was purchased in March 2006 to ensure permanent public access to the waterway and preservation of the working marina. The marina slips have been maintained at their current conditions and level of operation but renovations have remained an agency priority since acquisition. Several cosmetic changes have occurred since that time, but this particular portion of the renovation will focus on structural and expansion efforts to ensure public safety. The core issues are the current size and configuration of the slips, the physical condition of the finger piers and pilings, power/water pedestals and slip depths. The Work Order authorizes the preparation of plans and recommendations for slip changes, water & electrical systems analysis and engineering, design/architectural drawings, construction documents and specifications for the bidding of the project as well as construction administration services. FISCAL IMPACT: None. Source of Funds: 2007 PBC Waterway Bond Grant-$2,000,000 awarded to the CRA. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan RECOMMENDATIONS: Approval of the MSCSW, Inc. Work Order #07-124.6700 for Boynton Harbor Marina slip renovation design and engineering in the ount of $20,500.00. .1/~ VIVIan Brooks Assistant Director CRA Board Attorney T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 05 13 CRA Board Meeting May\MCSW work order # for marina renovation project.doc ~., ""'" ~ Q _m we create lasting communities. w MSCW ADDENDUM TO AGREEMENT FOR PROFESSIONAL SERVICES MSCW, Inc. ("MSCW") and Boynton Beach Community Redevelopment Agency (" Gent") enter into this Addendum and agree as follows: I. PROJECf DESCRIPTION MSCW No. 07-0U4 Pursuant to Section II.A5. of the original Agreement, MSCW provides this Addendum as outlined in Section II, the Additional Scope of Services below. All services shall be accomplished in accordance with the conditions of the original Agreement. The implementation of all services now in process will be coordinated with the added services to provide professional services relative to the Marina Master Plan Development. The additional scope of work is described as follows: Sea Diversified, Inc. ("SDI" or "Sub-Consultant") currently has an Agreement with the Boynton Beach CRA ("CRA") to design and permit minor improvements to the CRA slips located immediatelywest of the Two Georges Restaurant. Services pursuant to this Agreement were commenced during the month of February 2007 and subsequently suspended at or around August of 2007. Work completed at that time included the design of a minor slip reconfiguration along with finger pier improvements. Additionally, applications were prepared and submitted to the Florida Depanment of Environmental Protection ("FDEP") and the U.S. Army Cotps of Engineers ("USCOE") to seek permits for the proposed improvements. SDI did receive a Request for Additional Infonnation ("RAI") from the FDEP, however because the project was suspended a fonnal response bySDI was not prepared and submitted. Through two (2) extensions of time, the FDEP currently requires a response to the RAI no later than April 7, 2008. This RAI has been submitted and includes the addition of maintenance dredging. These services are not included in this Addendum and will be completed under the existing SDI/ CRA Agreement. Based on SDI discussions with the Gent, SDI learned that the Gent has tasked MSCW with developing a master plan for the watertront area, a small component of which includes the docking facility next to Two Georges Restaurant. In that, the CRA is taking a more comprehensive approach to improving the Gty of Boynton Beach's watertront, and it was suggested during several meetings that the pending dock improvements of 2007 be evaluated relative to the overall goals and objectives of the CRA It is noted that the proposed improvements developed in 2007, underthe direction of the former CRA Assistant Director, were based on a cost-sensitive, immediate fix to the CRA docks. At the request of MSCW, SDI has provided a revised proposal to reevaluate the concept of improving the CRA Boynton Beach docking facility based upon a more long-term, permanent fix that coincides with the overall watertront master plan. These services are included in this Addendum and SDI will pertorm as a sub-consultant to MSCW. 4750 New Broad Srreet I Orlando, FL 32814 I Tel: 407,422,3330 I Fax: 407.422,3329 I www,mscwinc.com ~ - ~, Q -~ we create lasting communities.~' II. ADDITIONAL SCOPE OF MSCW SERVICES AND FEES A Sub-Consultant Professional Services 1. Design of Marina Improvements MSCW No. 07-0U4.6700 Sub-Consultant will prepare conceptual plans for recommended slip changes including improvements to the existing finger piers. The objectives of the proposed changes are to improve the size, access and overall configuration of existing slips to better accommodate the type of vessels that currently moor at the facility. Modifications to the slip configuration may require changes to the existing water and electrical dismbution system. This Task will include an evaluation of the existing water and electric systems and ultimately determine the logistics of relocating power I water pedestals. Sub-Consultant will also assess the current points of service for both water and electric and determine whether any changes are necessatyto isolate the marina services from other facilities. Sub-Consultant will coordinate closely with MSCW to ensure that the proposed changes are consistent with other components of the waterfront master plan. Estimates of probable construction costs will be prepared, as required Upon approval of the conceptual plans, Sub-Consultant will prepare final construction plans and specifications for the proposed dock improvements. Plans will encompass a layout of the new slip areas, structural details of the proposed finger pier modifications and details of pedestal relocations and associated potable water and electrical distribution modifications. This task includes the following services: (1) Conceptual plans, cost estimates and final plans and specifications (2) Field analysis of existing site conditions to verify electrical design requirement (3) Design of electrical distribution system, as required. (4) Attend up to two (2) Client coordination meetings during the design phase. Sub-Consultant services described in this section will be pertormed for a lump sum (not- to-exceed) fee of $12,500.00, plus reimbursable expenses. Boynton Beach Community Redevelopment Agency Page 2 of 5 4750 New Broad Street I Orlando, FL 32814 I Tel: 407,422,3330 I Fax: 407.422.3329 I www.mscwinc.com p:- ~ "" ~ "..J Qy....w IIIIm we create lasting communities.~' 2. Permitting of Marina Improvements MSCW No. 07-0U4.6800 Applications for permits are currently on file with both the FDEP and USCOE for the proposed improvements prepared in 2007. In light of the current time frame for responding to State comments / questions, it is recommended to proceed with a formal response to ensure that the current file remains active. Assuming there are no significant changes to the proposed plan of improvements, minor modifications to the current application can be requested. Alternatively, depending on overall timing, a permit modification can be applied for based upon the final and approved long- term marina plan. Permit processing under SDI's present Agreement with the CRA is to be perlormed on a time-and-expense basis. Modifications to the current Application or preparing and processing a request for permit modification shall be an additional fee, which will also be conducted on a time-and-expense basis. Sub-Consultant permitting services described in this section will be perlormed on an hourly rate basis as follows: Professional Engineer at $130.00/hour and Engineering Technician at $99.00/hour. A budget estimate of $3,000.00, plus reimbursable expenses, can be assumed as an estimated total for this is phase of work. 3. Constmction Administration MSCWNo.07-0U4.6900 (1) Sub-Consultant will provide bidding assistance to the Client, as necessary, including issuance of any RAIs, Addendums or Change Orders to the plans. (2) Sub-consultant will attend periodic meetings and perlorm field construction observation visits to review the current status of construction of the proposed improvements and to verify if work is being constructed in compliance with the plans and technical specifications permitted. (3) Sub-Consultant will review the project for compliance with the permitted design plans and provide a written observation repon identifying any deficiencies observed. Repons will be issued to MSCW, with MSCW subsequently issuing all repons to the Client. (4) Sub-Consultant will address any RAIs as requested by the Gty of Boynton Beach, or as issued in writing by the general contractor. MSCW services described in this section will be perlormed for a lump sum fee of $3,000.00 plus reimbursable expenses. Boynton Beach Community Redevelopment Agency Page 3 of 5 4750 New Broad Street I Orlando, FL 328]4 I Tel: 407.422,3330 I Fax: 407,422,3329 I www,mscwinc.com , '''' ..... Q IIIIM we create lasting communities. '" B. Meetings and Hearings 1. Government, Oient, Project Coordination Meetings and Hearings MSCWNo.07-0124.0711 MSCW project managers will prepare for and attend required meetings (up to sixteen (16) hours) to represent the project. In addition, MSCW will coordinate with Sub-Consultant, as necessary, to ensure that the necessary information is being provided in a timely manner. MSCW services described in this section will be performed for a lump sum fee of $2,950.00 plus reimbursable expenses. III. TIMING Timing shall be in accordance with the original Agreement. IV. INSURANCE Insurance shall be in accordance with the original Agreement. V. OUTSIDE CONSULTANTS AND SERVICES Outside consultants and services shall be in accordance with the original Agreement. VI. REIMBURSABLE EXPENSES MSCW No. 07-0124.0800 Reimbursable expenses shall be in accordance with the original Agreement. VII. EXTRA SERVICES MSCW No. 07-0124.0900 Extra Services shall be in accordance with the original Agreement. VIII. PAYMENT Payment shall be in accordance with the original Agreement Boynton Beach Community Redevelopment Agency Page 4 of 5 4750 New Broad Street I Orlando, FL 32814 I Tel: 407.422,3330 I Fax: 407.422.3329 I www.mscwinc,com ~.. "" Q -~ we create lasting communities.~' IX. ADVANCE RETAINER Due to the Gent's established relationship with MSCW, the requirement for an advance retainer is hereby waived. X. GENERAL CONDITIONS The General Conditions shall be in accordance with the original Agreement. XI. CLIENT INFORMATION Gent information is currently on file with MSCW. No additional information is required with this Agreement. Approved and Accepted this day of ,2008. MSCW, INC. By: L.J/(j' David A Peny, Date Studio Leader Urban De~ignlLandscape Architecture 2~ sjj~ Kevm T. alsh, P.E. I Date Executive Vice President & CO.O. BOYNTON BEACH COMMNITY REDEVELOPMENT AGENCY By: Signature Date Printed Name By: Boynton Beach Community Redevelopment Agency Page 5 of 5 4750 New Broad Street I Orlando, FL 32814 I Tel: 407,422,3330 I Fax: 407,422,3329 I www,mscwinc.com ~" , j It! _m we create lasting communities. '" EXHIBIT" A" 2007 - 2008 MSCW HOURLY RATE/DIRECf COST SCHEDULE Categot;y Expert Witness & Testimony Preparation for Deposition/Trial Senior Principal Team/Resource Leader Senior Studio Leader Studio Leader Team/Resource Manager Client Relationship Manager II Studio Manager Senior Economist II Senior Project Manager II Senior Project Manager I Senior Economist I Project Manager Client Relationship Manager I Senior Transportation Designer II Senior Engineering Designer II Senior Project Engineer II Senior Designer II Senior Planner II GIS/ CADD Manager Construction Services Manager Senior Transportation Designer I Senior Engineering Designer I Senior Project Engineer I Senior Planner I Senior Designer I Transportation Designer II Engineering Designer II Senior Landscape Architect Prelim Subdiv Plan Coordinator Research Economist Hourly ~ $400.00 300.00 235.00 205.00 205.00 205.00 185.00 185.00 185.00 165.00 165.00 155.00 150.00 140.00 140.00 135.00 135.00 135.00 130.00 130.00 130.00 125.00 125.00 125.00 125.00 120.00 120.00 120.00 120.00 120.00 115.00 115.00 Categot;y CADD Team Supervisor Transportation Designer I Engineering Designer I Senior Scientist Senior Technician II Senior GIS Technician II IT Manager Construction Services Coordinator Project Engineer Planner II Designer II Project Landscape Architect Staff Engineer Planner I Designer I Economist Associate Scientist Senior Technician I Senior GIS Technician I Professional Staff LA Designer Environmental Specialist Permitting Coordinator Engineering Technician Planning Technician GIS Technician Executive Assistant CADD Technician Administrative Assistant Office Assistant Research Assistant Hourly Rate $115.00 115.00 115.00 110.00 110.00 100.00 100.00 100.00 100.00 100.00 100.00 95.00 90.00 90.00 90.00 90.00 85.00 85.00 85.00 80.00 80.00 75.00 75.00 70.00 70.00 70.00 70.00 60.00 55.00 50.00 50.00 Reimbursable expenses are charged on a direct cost basis times a multiple of 1.1. Reimbursable expenses include, but are not limited to, all prints and reproduction costs associated with reports, prints and reproducibles, postage and shipping; long distance calls; laboratory analysis; field kit charges; equipment rental; and expenses for travel outside a thirty (30) mile radius of the home office of MSCW's employee performing the travel (to include food, transportation, lodging, tolls and mileage). In cases where overtime work is performed by hourly paid employees, it shall be billed at a rate of one and one-half (1 1,.1) times the standard hourly rates. Hourly rates are in effect through September 30, 2008. Rates shall be revised annually, effective October 1st. 4750 New Broad Street I Orlando, FL 32814 I Tel: 407,422.3330 I Fax: 407,422,3329 I www,mscwinc.com ~... "' :J ~ v -~ we create lasting communities.~' EXHIBIT "B" GENERAL CONDITIONS TO AGREEMENT 1. dient or a duly authorized representative is responsible for providing MSCW 'With a clear understanding of the Project nature and scope. dient shall supply MSCW 'With sufficient and adequate information to allow MSCW to properly complete the specified services. Client shall also communicate changes in the nature and scope of the Project as soon as possible during perlormance of the services so that the changes can be incorporated into the work product. 2. Services perlormed by MSCW under this Agreement are to be conducted in a manner consistent 'With the level of care and skill ordinarily exercised by members of MSCWs profession practicing contemporaneously under similar conditions in the locality of the Project. No set of Project plans are perlect. No warranty, expressed or implied, is made. Client recognizes and understands that the design and construction process is complicated and that once Project plans are finalized that changes in the Project plans are a normal process and will become necessary due to subsurface conditions, new information, changed conditions, governmental requirements, conflicts 'With existing conditions, mistakes, errors, omissions and other issues. MSCW will correct any errors, mistakes, or omissions in its Project plans for no additional fee, but shall not be responsible or liable for the construction costs of changes required by same or other damages. 3. Client recognizes that subsurface conditions (soils, underground utilities, water tables, etc.) may not be known or may vary from those observed at locations where borings, surveys, studies, or other explorations are made, and that site conditions may change 'With time. dient understands and recognizes that such work may not reveal all nor any subsurface conditions. Client shall not hold MSCW liable for failure to locate or determine the presence of such subsurface conditions. Interpretations and recommendations by MSCW will be based solely on information available to MSCW at the time of the services. 4. Client will grant or obtain free access to the Project site in a timely manner for all equipment and personnel necessary for MSCW to perlorm the services set forth in the Agreement. 5. In the event Client has not paid a MSCW invoice 'Within 30 days, then upon seven (7) days written notice, MSCW may suspend all services and work dient agrees that MSCW shall not be liable for any damages or delays caused by MSCWs suspension of such services and work MSCW shall not recommence services and work until Client has paid all past due invoices in full. dient shall be responsible for and shall pay to MSCW, all of MSCWs reasonable attorneys' fees, court costs, expenses, and MSCWs employees' time, in the event MSCW is required to take any action to collect past due invoices. In addition, all invoices not paid 'Within 30 days shall bear interest at 1.5% per month. 6. All reports, plans, specifications, field data, field notes, drawings, calculations, estimates, and any other documents prepared by MSCW are and shall remain the property ofMSCW. dient is granted a non-exclusive license to utilize the documents prepared by MSCW only for the specific Project set forth in this Agreement. 7. Client agrees that all documents furnished to Client, which are not paid for, shall be returned upon demand and will not be used by Client for any purpose. 8. MSCW will store all documents, drawings, and files related to the work perlormed pursuant to this Agreement for a period of seven (7) years after substantial completion of the Project or seven (7) years after completion of MSCWs work if a substantial completion certificate is not issued. At the end of the seven (7) year storage period, MSCW shall discard and destroy all said documents, drawings, and files. During the seven (7) year storage period upon reasonable notice and request, and as long as Client has paid all invoices, Client shall be free to inspect and copy any such stored documents, drawings, and files at Client's expense. 9. MSCWs drawings, records, and documents shall not be used by Client on any other Project, for additions to the Project, or for completion of the Project, unless approval is granted in vni.ting by MSCW. 10. Client may not delegate, assign, sublet or transfer its duties or interest in the Agreement 'Without the vni.tten consent of MSCW. 4750 New Broad Stteet I Orlando, FL 32814 I Tel: 407,422,3330 I Fax: 407,422,3329 I www,mscwinc,com iJ", "' v -~ we create lasting communities.~' 11. The laws of the State of Florida shall govern this Agreement. Venue for any dispute shall be in the couns of Orange O)Unty, Florida. However, no suit shall be filed in any coun until after Client and MSCW have completed mediation of the dispute. Mediation shall be conducted pursuant to rules of practice and procedure of the Florida Supreme wun. The cost of the mediator shall be split equally between the parties. 12. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not be impaired. Limitations of liability and indemnities shall survive tennination of the Agreement, regardless of cause of tennination. 13. MSCW does llill supervise the work of contractors. MSCW shall not, during site visits or as a result of observations of any contractor's work in progress, supervise, direct or have control over said contractor's work nor shall MSCW have authority over or responsibility for the means, methods, schedule, techniques, sequences, or procedures of construction selected by said contractor or safety precautions and programs incident to the work of the contractor or for any failure of the contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the contractor furnishing and performing its work Accordingly, MSCW does not warrant or guarantee the performance of the construction by any contractor nor shall MSCW have any responsibility for any contractor's failure to furnish or perform its work in accordance with the wntract Documents. Client shall not hold MSCW responsible for any contractor's failure to timely perform or complete the work 14. Review of shop drawings shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 15. By recommending any payment to a contractor or subconsultant, MSCW shall not thereby be deemed to have represented that continuous or detailed reviews or examinations have been made by MSCW to check the quality and quantity of said work, only that the work has progressed to the point indicated. 16. MSCW may recommend that Client retain various other consultants to perform certain work such as soil borings, surveys, studies, and/or investigations. Client shall not hold MSCW responsible and MSCW shall not be liable to Client for the acts, errors, or omissions of any contractor, subcontractor, consultant, service provider, or supplier, or their agents and employees, or any other person (except MSCWs own employees). 17. Since MSCW has no control over the cost of labor, materials, equipment, or services furnished by others, or over any contractor's of determining prices, or over competitive bidding or market conditions, MSCWs opinions of Project costs and construction costs are made on the basis of MSCWs experience and qualifications and represent MSCWs best judgment as professional engineers familiar with the construction industry; but MSCW cannot and does not guarantee that proposals, bids, or actual Project or construction costs will not vary from opinions of costs prepared by MSCW. If prior to the bidding or negotiating phase Client wishes assurance as to Project construction costs, Client shall employ and pay an independent cost estimator. 18. Since MSCW has no control over government regulations and decision making, MSCWs opinions on whether any potential Project or development proposal will gain governmental approval are based on MSCWs experience and qualifications and represent MSCWs best judgment as professional planners and/or engineers (depending on the contracted-for services); but MSCW cannot and does not guarantee that any governmental approval will be obtained. 19. In the event Client selects, specifies, or directs MSCW to utilize a specific product, system, or methodology in a design, then Client shall assume responsibility and liability for the performance of such product, system, or methodology and shall not hold MSCW liable for any failure of that particular product, system, or methodology to perform properly. 20. Either party may terminate this Agreement without cause upon giving the other party seven (7) days written notice. In the event of termination, MSCW will be paid for all services and reimbursable expenses completed through the date of termination based on the percentage of work completed at the time of termination or Exhibit" A" as the case may be. As long as MSCW has been paid to date, Client will have the right to receive copies of drawings, calculations, and documents regarding services performed up to the time of termination. 4750 New Broad Street I Orlando, FL 32814 I Tel: 407.422,3330 Exhibit "B" General Gmditions to Agreement Page 2 of 3 Fax: 407.422.3329 I www,mscwinc.com 'i.. """ ~ ',>~~ -~ we create lasting communities. w MSCW covenants and agrees that it shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement with respect to hiring, tenure, tenns, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. 21. 22. MSCWs opinions concerning environmental regulatory matters, wetland jurisdiction, wetland penmmng, wetland mitigation requirements, water quality, and threatened and/or endangered species, are provided based on data, site conditions, and information available on the date of our site review. These opinions are for general planning pwposes only, and should not be used as a final determinant of regulatory agency position, final development potential, or appraisal pwposes. The final extent of agency wetland jurisdiction or mitigation proposal can only be detennined through field location of the wetland limits and on-site agency review and approval of those limits, and are only valid for the length of time as allowed by the regulatory agency. Threatened and endangered species determination is subject to regulatory changes and the natural mobility and movement of animal species. We do not and will not make any survey, review, or investigation into hazardous wastes. 23. The rates, fees, and prices set forth in the Agreement are valid for 30 days from MSCWs transmittal of the Agreement to Client. If Client executes the Agreement or provides an Authorization to Proceed to MSCW more than 30 days after MSCWs transmittal of the Agreement to Client, then the fees and prices shall be subject to change and re-negotiated. 24. The lwnp swn fees and budget estimate fees set forth in the Agreement are valid for eighteen (18) months after the date of signing of the Agreement by both parties, regardless of the term of the Agreement or duration of MSCWs services. Thereafter, the lwnp swn fees and budget estimate fees shall be subject to change and re-negotiated. 25. The rates, fees, and prices set forth in this Agreement do not include permit, application, or filing fees. Client shall be responsible for the payment of same. 26. Client agrees that MSCW is currently and is free at any time in the future to provide services to other MSCW clients for Projects in the same geographic area as Client's Project. In the event that this Agreement is terminated for any reason, Client agrees that MSCW is free to provide services to other MSCW clients for Projects for the same property or in the same location as Client's Project. Client understands that MSCW cannot disclose to Client our other clients' confidential intentions, proposed uses, valuations, and business relationships regarding their Projects. Likewise, MSCW cannot disclose Client's similar confidential information to other MSCW clients. MSCW believes that this non-disclosure of confidential information will not influence MSCWs professional engineering judgment or the quality of the services provided to Client. Client agrees to waive any conflicts of interest created or related to the above. 4750 New Broad Street I Orlando, FL 32814 I Tel: 407,422,3330 I Exhibit "B" General Conditions to Agreement Page 3 of 3 Fax: 407,422,3329 I www.mscwinc,com XI. NEW BUSINESS: C. Consideration of Work Order #07013.1 with Hedrick Brothers eRA BOARD MEETING OF: May 13,2008 I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Work Order #07013.1 with Hedrick Brothers Construction, Inc. for Value Engineering Services at 211 E. Ocean Avenue SUMMARY: In June 2007, the CRA Board entered into a continuing contract with Hedrick Brothers Construction, Inc. to provide construction and construction management services to the CRA. Attached for your review is Work Order #07013.1 under the Continuing Contract. The scope of this Work Order is to act on behalf of the CRA as Construction Manager during the design and engineering phase of the 211 E. Ocean Avenue redevelopment project. Hedrick Brothers will be responsible for assisting REG Architects with value engineering and construction requirements, project budget and construction cost analysis as well as offering experienced design and construction enhancements to further support the CRA's effort at providing for the construction of a "green" building. FISCAL IMPACT: $22,000.00-Planning-51440 CRA PLAN, PROGRAM OR PROJECT: Ocean District Plan RECOMMENDATIONS: Approve execution of Work Order #07013.1 with Hedrick Brothers Construction Inc. for Value Engineering Services at 211 E. Ocean Avenue in the amount of $22,000.00. /w 4i- VivIan L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 05 13 CRA Board Meeting May\Hedrick Brothers WO #070131.doc - -- _.- - - HEDRICK BROTHERS CONSTRUCTION o BRINGING VISIONS TO REALITY 000 · . April 28, 2008 Ms. Lisa Bright CRA Executive Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Re: Boynton Beach CRA, 211 Ocean Ave. Work Order #07013.1 Dear Ms. Brooks, This pr.oposal is being submitted as part of the executed General Contracting/Construction Management/Consulting Agreement for Various Projects on a Continuing Contract Basis, dated June 28, 2007. As part of this agreement, Hedrick Brothers Construction Co., Inc. will be providing Pre Construction Services as outlined below. Once the GMP has been approved then it is the intent that the Construction Phase will be initiated. 1.1 Hedrick Brothers accepts the relationship of trust and confidence established with the (Boynton Beach CRA) OWNER by this Agreement as Part I - Pre Construction Services. If the OWNER and (Hedrick Brothers Construction) CONSTRUCTION MANAGER agree, Architect, Part II - Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases shall proceed concurrently. 1.2 The CONSTRUCTION MANAGER shall provide a preliminary evaluation of the OWNER's program and project budget requirements and shall prepare for the review and acceptance a Schematic Construction Budget within Two (2) weeks after the execution of this agreement which shall provide a baseline for establishing a final Guaranteed Maximum Price to be approved and accepted by the OWNER before the commencement of Part II - Construction Phase. If any estimate submitted to the OWNER exceeds previously approved estimates or the OWNER's budget, the CONSTRUCTION MANAGER shall make appropriate recommendations to the OWNER/Architect and provide a Cost Variance Report. Refer to Section 1.6 for complete breakdown of services. 1.3 When the Drawings and Specifications are sufficiently complete, the CONSTRUCTION MANAGER shall propose a Guaranteed Maximum Price, which shall be the sum of the estimated Cost of the Work and the CONSTRUCTION MANAGER's Fee. Page 11 0 2200 Centrepark West Drive. Suire 100, West Palm Beach, Fi 33409 Main: 561-689-8880 Fax: 561-689-8860 www.hedrickbrothers.com CGC013137 000000 DC 8R 1.4 The CONSTRUCTION MANAGER's Team shall meet with the OWNER/Architect as required to review Progress Sets, Constructability Issues, Scheduling and estimate reviews/ evaluations and a written statement of its basis. In the event that the OWNER/Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CONSTRUCTION MANAGER, who shall make appropriate adjustments to the pricing. o DOC . 1.6 For the services as described above, the CONSTRUCTION MANAGER's compensation shall be calculated as follows: OWNER agrees to pay CONTRACTOR for the actual time spent up to $22,000.00 (Twenty Two Thousand Dollars) for the pre-construction phase of this project per the following itemized list: I. Schematic Estimate 2. Design Development 3. 95% Construction Doc's 4. 100% Complete GMP after issuance of Building Permit 5. Reimbursable Expenses that include Travel Time & Mileage, Copy/Printing Expenses, Postage/Federal Express 6. Project Meetings 7. Schedule Development 8. Permitting 1.7 OWNER will be invoiced the 25th of each month and Payments shall be made 15 days from the date the Construction Manager's invoice is received with full back up of hours spent and expenses. This Agreement enters Hedrick Brothers Construction and OWNER into the Pre-construction services as described above. BY: BY: R OWNER e ns nt, Operations 'Sic I loa I I DATE: DATE: Page I 2 o HEDRICK BROTHERS CONSTRUCTION 00000001 . o n XI. NEW BUSINESS: D. Consideration of Issuing an RFQ to Conduct a Feasibility and Economic Benefit Analysis for Various Sites for a New City Hall '.. ;.'1111' , /" 11J~~Y~Te~ eRA iiIi East Slde~West S1de~Se..lde Renalssance eRA BOARD MEETING OF: May 13,2008 I Consent Age,nda I Old Bnslness I X I New BdSines5 Pubne HeRrin Otber SUBJECT: Considemtiort ofIssuitlg an RFQ to COnd1.1ct a Feasibility and Economic Benefit Analysis fot. Vanous Sites for a New City Hall and the Design of an Incentive Package to Attract Office Tenants to DowntoWn SUMMARY: The Downtown Master Plan was adopted by the City Commission on AprH 15,2008, The plan contemplates a new City Hall in the area of Town Square. The eRA Board directed eRA staff to w01"k with City gtaffto craft an RFQIRFP for the redevelopment of the Town Square area. TIle team has met twice and a draft ofthe RFQIRFP has been created and reviewed by th.e team. However, in response to various property owners in the downtown area offering thek sites as potential locations for R new City Halll staff feels it is prudent to undel1ake an analysis of the various sites to detem'l.ine which site in the downtown area would be the most financially feasible and have the most economic impact to the redevelopment of the downto\lftl.. Additionally, ot'le of the goals of the Downtown Master Plan was to attract between 100,000 - 200,000 sq. ft. of class A office space to the downtown. Since Boynton Beach is 110t a recogni:;;:ed office space location in the South Flo1'ida mar,ket, it is likely that some fOl1n of incentives will be required to attract tenants to the downtown area. Thl:lrefol'e, staffis recommending that an analysis be conducted to detel'mine what incentives will be necessary to attract 'class A offioe tenants to our area. FISCAL IMP ACT: Staff estimates that the contract atttount for a cons1.11tant to per(Ql'm both scopes of wotk would be between $15,000 - $30,000. Funds are available from the Contingenc.y Account 519901200. eRA PLAN, PROGRAM OR PROJECT: Downtown Master .Plan RECOMMENDA TIQNS: Staff recommends that the attached RFQ be issued. -dii 11/ Vivian L. Brooks Assistant Ditector ~ T:'AGENDAS, CONSENT AGENDAS. MONTHLY RepORT$\Com~lele.d Agenda Item Request Forms by MeeUng'FY :l007. 2008 Boercl Meetlngs'Oa 0513 eRA Bgal'd Me.\Ing Mty\Cily HIli end Office Anlllysl$.dOC REQUEST FOR STATEMENTS OF QUALIFICA TINOS ECONOMIC ANAYLSIS SERVICES FOR FEASABILITY OF VARIOUS LOCATIONS OF A NEW CITY HALL AND THE DESIGN OF AN INCENTIVE PACKAGE FOR THE ATTRACTION OF MAJOR OFFICE TENENTS CITY OF BOYNTON BEACH, FLORIDA May 2008 I. BACKGROUND The Boynton Beach Community Redevelopment Agency ("CRA") is requesting a Statement of Qualifications ("SOQ") from economic analysis and/or market study professionals ("Consultant") to provide market analysis services to the CRA to determine the feasibility of various sites for a new City Hall and to determine the potential secondary economic benefits of each site to the downtown area and to design an incentive package to attract major office tenants. Firstly, the CRA is seeking to determine the best site for a new City Hall based on the potential, if any, to stimulate new development and new private investment in the downtown area. The goal is to use City Hall as a catalyst to the development of the downtown area. The Consultant's primary responsibility will be to work closely with the CRA staff to evaluate up to five potential sites for City Hall with regards to the following: . Cost of Land . Cost of Construction for a 7 0,000 sq. ft. City Hall with adequate parking for staff and visitors . Potential loss of ad valorem and TIF revenue to the City and CRA due to the non-taxable nature of City owned land. . Economic spinoff to the City and CRA created by new development or businesses locating near City Hall Secondly, the CRA is seeking assistance in developing an incentive package that can be used to attract major office tenants to the downtown area. The package should reflect current market conditions on the macro and micro levels. II. SCOPE OF WORK The following tasks shall be provided for, at a minimum, in Consultant's response to this RFQ: Page 1 of9 T:\PLANNING\RFQ Economic Analysis City Hall\REQUEST FOR STATEMENTS OF QUALlFICA TINOS.doc 1. Arrange and conduct kick-off meeting with CRA and City staff. This meeting will allow for introduction of Consultant to CRA and City staff, further discussion of scope of work, receipt of project information, and discussion of project schedule. 2. Review all relevant land use documents, including but not limited to, the City of Boynton Beach Land Development Regulations and Redevelopment Area plans 3. Research future projects and plans that may impact each site. 4. Meet with representatives of developers currently constructing projects in the Community Redevelopment Area. 5. Present findings to the CRA Board and submit a written report of said findings, including visual representation of report findings in the form of maps and charts that detail the cost and benefits of each site. III. SCHEDULE The proposal phase schedule is as follows: CRA releases RFQ...... ... .... ...... ........ .... .... .... ....May 15,2008 Responses due............ ... ... ....... ..... .. ..... .. .. ...... .June 23, 2008 by 3 :00 pm CRA releases short-list of Consultants.................. ...June 30, 2008 Consultant Interviews (week of) .......................... .July 14,2008 CRA Board awards contract. .. . . .. .. . .. . .. .. . .. . .. .. .. . ... August 12, 2008 IV. RFQ REQUIREMENTS Statements of qualifications submitted in response to this RFQ shall include the information listed below. The information requested must be presented in the order indicated. 1. Consultant Name: Business name, DBA (if applicable) and principal contact person, including office location, address, telephone number fax number and e-mail address. 2. Consultant History and Types of Services Offered: Briefly describe the history of the firm including but not limited to the name of firm owners, number of years in business and range of services offered. 3. Consultant Team Organization: Describe Consultant's proposed tam organization and staffing plan indicating the role and responsibility of each tern member and sub-consultant (if applicable) through all phase s of Page 2 of9 T:\PLANNING\RFQ Economic Analysis City Hall\REQUEST FOR STATEMENTS OF QUALlFICATINOS.doc work. Clearly indicate the individual who will have overall responsibility for Consultants services and how Consultant proposes that person will interface with the CRA's staff. Indentify the office location of each team member and specific relevant experience. If sub-contractors are proposed, indicate whether the sub-contractor( s) have worked with Consultant on comparable projects in the past. Enclose brief resumes of each key team member Consultant proposes to assign to this project as an exhibit to your Statement of Qualifications. 4. Consultant's Local Experience: Describe Consultants experience and the experience of any sub-consultants, if any, with projects managed by the firm or individual studies for a comparable project. 5. Certificate of Insurance: CRA requires that all firms contracting for services file a certificate of insurance prior t the execution of the contract agreement. Insurance coverage includes full workers' compensation insurance, employers' liability coverage, comprehensive auto and general liability insurance for no less that $1,000,000 and professional liability insurance covering errors and omissions for no less than $2,000,000 with a provision for no more than $100,000 deductible (see discussion of "Boynton Beach Community Redevelopment Agency Standard Contract). 6. Business License: CRA requires a Business license of all Consultants including sub-consultants. 7. Boynton Beach Community Redevelopment Agency Standard Contract: Enclosed for your review is a copy of the CRA' s standard contract, which stipulates insurance requirements. The limit of coverage stated on this RFQ shall apply. Please indicate whether Consultant has insurance or can acquire insurance, which meets our minimum standards. 8. Professional References: Please provide a minimum of three professional references that the CRA can contact for which Consultant personnel that would be assigned to this project have provided comparable services within the past five years for a similar scope of work specifically involving the production of a market analysis and feasibility of various real estate sites. 9. Fess Estimate/Cost Proposal: Provide the proposed fee estimate/cost proposal in a senarate sealed envelone. Standard Hourly Fees: Provide your standar4d hourly fees by job classification and billing criteria for providing the services described in this RFQ. ,Do not provide the proposed fee estimate/cost proposal in the proposal as an exhibit or in the body of the Statement of Qualifications. Page 3 of9 T:\PLANNING\RFQ Economic Analysis City Hall\REQUEST FOR STATEMENTS OF QUALIFICA TINOS,doc V. PROCEDURES FOR SUBMISSION Interested individuals and/or firms are invited to submit twelve (12) copies of their Statements of Qualifications prior to 3:00 PM, June 23, 2008: Lisa A. Bright Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 SUBMISSIONS WILL NOT BE ACCEPTED AFTER THIS DEADLINE. SUBMISSIONS TRANSMITED BY FAX OR E-MAIL WILL NOT BE ACCEPTED UNDER ANY CIRCUMSTANCES. All material submitted in accordance with this RFQ become property of CRA and will not be returned. If you have any questions regarding this RFQ, please contact Vivian Brooks, CRA Assistant Director, at (561) 737-3256. VI. REVIEW AND SELECTION CRITERIA CRA staff will evaluate the materials provided in response to the Request for Statement of Qualifications based on the following criteria: 1. Understanding of the scope of work and the overall project goals including Consultant's strategy for carrying out the required work tasks t meet the project goals. 2. Past experience and performance of Consultant on similar projects related quality of work, meeting project schedules, ability to manage, and errors and omissions control. 3. Consultants' expertise and ability to successfully communicate with project developers and clients. 4. The present workload of Consultant personnel (and any sub-consultants) that are proposed to be assigned to the project, availability of staff and ability to meet the project task schedule. 5. Familiarity with applicable practices, procedures and industry standards for the type of work involved. 6. Familiarity with the various applicable regulatory agencies' requirements and procedures for the types of work involved. Page 4 of9 T:\PLANNING\RFQ Economic Analysis City Hall\REQUEST FOR STATEMENTS OF QUALIFICA TINOS.doc 7. Conformance to the specified RFQ format. 8. Clarity of presentation and conciseness of content of the Statement of Qualification. 9. Specialized experience and technical competence of the firm and sub- consultants (including individuals in the firm assigned to the project), considering the types of services required and the complexity of the project. 10. Record of performance, including results of reference checks. 11. Proposed plan for completing the work in a timely and professional manner. 12. Proposals are to be ranked on the basis of qualifications and not fees. The CRA reserves the right to conduct independent reviews and to interview Consultant submitting responses prior to making any selection. If CRA elects, the top three proposers may be requested to participate in an interview. CRA anticipates an interview process for this specified project. At a minimum, the proposed Project Manger along with key team members shall appear at the interview. If your firm is selected to participate in an oral interview, you will be notified the week prior to the scheduled interview. CRA will not be liable for any costs associated with y90ur firm preparing its response to this RFQ. No proposer will be allowed to modify the content of proposal at any time after the submission deadline, except in direct response t a request from CRA for clarification or for an oral interview, provided that no such modification will result in a substantive amendment to the proposal. VII. ACCEPTANCE OR REJECTIONS OF STATEMENT OF QUALlFICAITON The CRA reserves the right to accept to reject any or all Statements of Qualification received as a result of this request. CRA also reserves the right to waive any informality, technical defect or clerical error or irregularity in any Statement of Qualification. Additionally, CRA may, for any reason, decide not to award an agreement as a result of this RFQ. CRA reserves the right to cancel this RFQ. CRA shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission ofthe Statement of Qualification. CRA reserves the right to negotiate project deliverables and associated costs. VII. ADDENDA AND INTERPRETATION CRA shall not be responsible for nor be bound by any oral instructions or interpretation or explanations issued by eRA or its representatives. Should discrepancies or omissons Page 5 of9 T:\PLANNING\RFQ Economic Analysis City Hall\REQUEST FOR STATEMENTS OF QUALIFICA TINOS.doc be found in this RFQ or should there be a need to clarify the RFQ, you may requsat clarification via e-mail to brightl@ci.bovnton-beach.fl.us or in writing to: Lisa A. Bright Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 Such requests for clarification shall be received by CRA at least five (5) business days prior to the due date for response. Any CRA response to a request for clarification will be made in the form of an addendum to this RFQ and will be sent to all parties to whim this RFQ has been issued prior to the due date. All addenda shall become part of this RFQ and receipt of each addendum shall be acknowledged and signed in the format submitted by CRA and attached as an exhibit to your proposal. VIII. GENERAL DESCRIPTON OF PROPOSED AGREEMENT Upon conclusion of the RFQ process, the CRA Executive Director will recommend a Consultant to enter into negotiations for the assignments described. The recommended Consultant shall enter into contract negotiations with CRA in substantial conformity with the selected Statement of Qualification and the form of the CRA' s Standard Consultant Agreement. IX. INSURANCE REOUIREMENTS The selected Consultant, at Consultant's sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain at least all of the insurance requirements outlined in the CRA's Standard Consultant Agreement All policies, endorsements, certificates, and/or binders shall be subject to approval lay the CRA as to form and content. The selected Consulted agrees to provide CRA with a copy of said policies, certificates and/or endorsements. The selected Consultant shall satisfy these insurance requirements prior to approval of the Agreement. Please address any issues with respect to insurance requirements in your response to the proposal. X. EXAMINATION OF PROPOSED MATERIAL The submission of a Statement of Qualification responding to this RFQ shall be deemed a representation and certification by the Consultant that Consultant has investigated all aspects of the RFQ, is aware of the applicable facts pertaining to the RFQ process, its procedures and requirements, and has read and understood the RFQ. No request for modification of a Statement of Qualification shall be considered after its submission on grounds that the Consultant was not fully informed as to any facts or condition. Page 60f9 T:\PLANNING\RFQ Economic Analysis City Hall\REQUEST FOR STATEMENTS OF QUALIFICATINOS.doc XI. PUBLIC NATURE OF PROPOSAL MATERIAL Responses to this RFQ become the exclusive property of CRA. At such time as the CRA Executive Director recommends a Consultant to the CRA Board, all responses to the RFQ received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Consultant as business or trade secrets and plainly marked as "Confidential" "Trade Secret", or "Proprietary." CRA shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential, " "Trade Secret," or "Proprietary" or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary" shall be regarded as non-responsive. XII. DISQUALIFICATION Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFQ without further consideration: A. Evidence of collusion, directly or indirectly, among Consultants in regard to the amount, terms or conditions of this proposal; B. Any attempt to improperly influence any member of the selection staff; C. Existence of any lawsuit, unresolved contractual claim or dispute between Consultant and the CRA; D. Evidence of incorrect information submitted as part of the Statement of Qualification; E. Evidence of Consultant's inability to successfully complete the responsibilities and obligations of the proposed scope of work; and F. Consultant's default under any agreement, which results in termination of the Agreement. XIII. NON-CONFORMING STATEMENT OF QUALIFICATION A Statement of Qualification shall be prepared and submitted in accordance with the provision of these RFQ instructions. Any alteration, omission, addition, variance, or limitation of form or to the RFQ may be sufficient grounds for non-acceptance of the response, at the sole discretion of CRA. XV. PROHIBITION OF GIFTS Page 7 of9 T:\PLANNING\RFQ Economic Analysis City Hall\REQUEST FOR STATEMENTS OF QUALIFICA TINOS,doc CRA officials are subject to several legal and policy limitations regarding receipt of gifts from persons, firms, or corporations either engage in business with CRA, or proposing to do business with CRA. The offering of any illegal gift shall be grounds to disqualify a Consultant. To avoid even the appearance of impropriety, Consultants should not offer any gifts or souvenirs, even of minimal value, to CRA officers or employees. The Consultant shall be subject to this prohibition. XVI. ADDITIONAL TERMS AND CONDITIONS A. It is anticipated that the award of the Agreement resulting from the RFQ shall include terms and conditions similar to those referenced in the City's Standard Consultant Agreement. Exceptions proposed by the Consultant, if any, to the terms and conditions included in the Standard Consultant Agreement should be included in the response. CRA reserves the right to consider any proposal exceptions during its evaluation of the acceptability of a response. B. This RFQ does not commit CRA to pay any costs incurred in the submission of a Statement of Qualification or in making any necessary studies or analysis in preparation of submission of the Statement of Qualification. C. CRA reserves the right without limitation to: 1. Execute an agreement with one or more Consultants based solely on the Statement of Qualification and any approved additions; 2. Enter into an agreement with another Consultant in the event that the originally selected Consultant defaults or fails to execute an agreement with CRA; 3. Enter into negotiations with one or more Consultant' 4. Modify and re-issue the RFQ; and 5. Take action regarding the RFQ as may be deemed to be in the best interest of CRA. D. CRA reserves the right to verify any information provided during the RFQ process. CRA may contact references listed or any other person known to have contracted with Consultant. E. An agreement shall not be binding or valid with CRA unless and until it is executed by authorized representatives of the CRA and of the Consultant. Attachments to RFQ The following Exhibits are included as part of the RFQ: Exhibit 1: CRA's Standard Consultant Agreement, Exhibit 2. Map of Potential City Hall sites. Page 8 of9 T:\PLANNING\RFQ Economic Analysis City Hall\REQUEST FOR STATEMENTS OF QUAL/FICA TINOS,doc In addition, the following documents are available for review at CRA offices: . Downtown Master Plan . Boynton Beach Corridor Plan . Federal Highway Corridor Community Redevelopment Plan Update Page 9 of9 T:\PLANNING\RFQ Economic Analysis City Hall\REQUEST FOR STATEMENTS OF QUALIFICA TINOS.doc EXHIBIT 1 PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT ("Agreement"), entered into this _day of , between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA", and , authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT." WHEREAS, the CRA has selected CONSULTANT under the provisions of Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act; and WHEREAS, the CRA agrees to retain the CONSULTANT for design and professional services work prescribed herein in connection with various CRA projects, hereinafter called the "WORK"; and WHEREAS, this Agreement shall be considered a continuing contract as described under Section 287.055(2)(g), Florida Statutes; WHEREAS, the CRA has investigated the qualifications of the CONSULTANT to perform the WORK herein contemplated and found them satisfactory; and WHEREAS, the CONSULTANT has examined the scope of the WORK required hereunder and has expressed its desire and willingness to provide such design and professional services and has presented his qualifications to the CRA in support of such expressed desires; and WHEREAS, as a result of the aforementioned, the CRA agrees to enter into this Agreement with the CONSULTANT; and WHEREAS, the CRA Board has approved the selection of the CONSULTANT to perform such services, and the CONSULTANT agrees to accept employment upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the CRA agrees to employ the CONSULTANT for an unspecified term commencing on the Effective Date as defined herein, and the CONSULTANT agrees to perform all design and professional services in connection with the WORK, as described herein, for the total duration of this Agreement, upon the following terms and conditions; namely: 1. SCOPE OF SERVICES. The CONSULTANT shall provide the following services as necessary and applicable on a continuing or rotating basis at the sole and absolute discretion of the CRA: 1. General Architectural Services - consulting and design services including conceptual, schematic, design development and/or construction documents for public buildings, as well as affordable housing projects and adaptive re-use and restoration of existing buildings with historic character. 2. Landscape Architecture - consulting and design services related to conceptual, schematic, design development and/or construction documents for landscape and hardscape of public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-of-ways and easements. 3. Civil Enaineerina - consulting and design services related to conceptual, schematic, design development and/or construction documents for various projects that require paving, storm drainage, sanitary sewer, potable water, fire protection and other related improvements for public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-of-ways and easements 4. Traffic Enaineerina - general traffic consulting as well as conduct various traffic, trip generation, parking and other similar studies for possible future projects, or to evaluate existing conditions and project future need. 5. Marine Enaineerina - design and construction of improvements to the CRA marina property as well as other marine-related tasks. 2. GENERAL PROVISIONS. 1. The CONSULTANT and CRA will negotiate a separate Agreement including a Scope of Work and/or Notice to Proceed to encompass CONSULTANT'S services on as as-needed basis for each project the CRA desires to use CONSULTANT'S services. 2. The CRA reserves, at all times, the right to perform any and all design and professional services or work with other design professionals. This Agreement does not confer on the CONSULTANT any exclusive rights to CRA work, nor does it obligate the CRA in any manner to guarantee work for the CONSULTANT. The CONSULTANT may submit proposals for any professional 2 services for which proposals may be publicly solicited by the CRA outside of this Agreement. 3. The parties agree that any future agreement for each individual project will incorporate a fee structure, as outlined in the applicable Request for Qualifications, based upon a Lump Sum Fee or an Hourly/Not to Exceed Fee. 4. The CRA agrees that it will furnish to the CONSULTANT plans and other relevant available data in the CRA files pertaining to the work to be performed as soon as possible after execution of each separate agreement and/or issuance of each Notice to Proceed. 5. The CONSULTANT shall assist the CRA to develop a program which shall set forth the CRA's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 6. The CRA, with the assistance of the CONSULTANT if requested, shall establish an overall budget for each individual project, including the construction cost (the total cost or estimated cost to the CRA of all elements of each project designed or specified by the CONSULTANT), architectural and other subprofessional fees, relocation costs, on- and off-site improvements, the CRA's other costs and reasonable contingencies related to all of the costs. The CONSULTANT shall design the necessary improvements within the CRA's budgetary constraints. Evaluations of the CRA's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the CONSULTANT, represent the CONSULTANT's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the CONSULTANT nor the CRA has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the CONSULTANT cannot and does not warrant or represent that bids or negotiated prices will not vary from the CRA's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the CONSULTANT. 7. The CONSULTANT will submit a proposal upon the CRA's request prior to the issuance of an individual project agreement, Scope of Work and/or Notice to Proceed. No payment will be made for the CONSULTANT's time and services in connection with the preparation of any such proposal. 8. The CRA agrees to designate, when necessary, a representative who shall examine the documents submitted by the CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANTS services. 3 3. TERMINATION. This Agreement shall operate as a continuing contract until either party terminates this Agreement by providing written notice to the other party at least thirty (30) days prior to requested termination date. 4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT for any work shall be commenced upon written Notice to Proceed from the CRA and shall be completed within the time based on reasonable determination, stated in the Notice to Proceed. 5. COMPENSATION. The CONSULTANT agrees to negotiate an "hourly rate" fee or an hourly fee with a "not to exceed" upper limit or a lump sum amount (or a combination of the above) for WORK assigned to CONSULTANT based on the Scope of such WORK. Upon agreement of a fee, the Executive Director of the CRA or his/her designee will issue a written Notice to Proceed to the CONSULTANT. The fees for Professional Services for each phase of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CRA and the CONSULTANT and incorporated into the individual project Agreement and/or Notice to Proceed. 1. Hourly Rate Fee: The CRA agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement a fee based on direct labor costs times a factor of 3.0. (The CRA will issue a purchase order for the work which will contain an estimate of total fees. Increases to original purchase orders or new purchase orders will be issued as required to allow continuation of the work.) 2. Not to Exceed Upper Limit: In cases where the scope of work can be readily defined and the level of contingency can be estimated, the CRA and the CONSULTANT will attempt to agree on an upper limit for the hourly work. Hourly rate fees will be paid for the time worked and billed up to the limit of the agreed upon "Not to Exceed" fee. The "Not to Exceed" limit will be negotiated with the CONSULTANT based upon his estimate of time and contingencies. 3. Lump Sum Fee: If this is the agreed upon option, the CONSULTANT agrees to negotiate a "Lump Sum Fee" for a particular assignment when the WORK can be clearly defined. The "Lump Sum Fee" shall be paid for the percent of work completed including expenses and services of subconsultants. The negotiated "Lump Sum Fee" will include all wages, benefits, overhead, profit, and expense for the WORK and will not be increased unless there is a change in the Scope of WORK. 4. Special Subcontracting Consultants: For services and reimbursable expenses of special subcontracting consultants employed by the CONSULTANT, CRA shall pay CONSULTANT the amount billed to CONSULTANT. Coordinating fees of the CONSULTANT shall be 4 included in the "Lump Sum Fee." Hourly rate contracts will pay for actual hours spent. If a subconsultant is added after negotiation of a "Lump Sum Fee," a 10% coordinating fee may be added to the subconsultant's fee upon written approval by the CRA. 5. For Reimbursable Expenses: A list of the allowable reimbursable expenses are detailed in Exhibit "A." No payment will be made for items not on the Exhibit. 6. PAYMENT. The CRA will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month within thirty (30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the Executive Director or his/her deisgnee and provide the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: 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. 5 9. AUDIT RIGHTS The CRA reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK included herein and for a period of one year after final payment is made. 10. SUBLETTING The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CRA. 11. DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify such party in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CRA within ten (10) days after notice that said sums are due. 12. INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the CRA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CRA's representative. The Certificates shall clearly indicate that the CONSULTANT has obtained Insurance of the type, amount, and classification as required for strict compliance with this Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CRA's representative. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Agreement. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this 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 6 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 soecifv: Retro date - Full orior acts coveraae aoolies). In the event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERF) during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a minimum reporting period not less than three (3) years. CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or claims- made basis and must indicate the amount of any SIR or deductible. b. COMMERCIAL GENERAL LIABILITY. AUTOMOBILE LIABILITY AND WORKERS' COMPENSATION CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. CONSULTANT shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event CONSULTANT does not own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall agree this coverage shall be provided on a primary basis. CONSULTANT shall agree to maintain during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be provided on a primary basis. c. UMBRELLA OR EXCESS LIABILITY If necessary, CONSULTANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest 'Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The CRA shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. d. ADDITIONAL INSURED 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. 7 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 pee-toss basis. f. CERTIFICATE OF INSURANCE Immediately following notification of the award of this Agreement, CONSULTANT shall agree to deliver to the CRA a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. g. RIGHT TO REVIEW CRA, by and through its Risk Management Office, in cooperation with the contracting/hiring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Contract. CRA reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. The CONSULTANT shall indemnify and save harmless and defend the CRA, its officers, agents, servants, and employees from and against any and all claims, liability, damages, losses, and/or causes of action including reasonable attorneys' fees, 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 their authority and control in the performance of this Contract. The indemnity obligations of this agreement shall not apply to damages or injury to the extent caused by the negligence or willful misconduct of CRA, or its officers, employees, agents, or third parties. 13. CODES, ORDINANCES AND LAWS. The CONSULTANT agrees to abide and be governed by all CRA, County, State and Federal codes, ordinances and laws which may have a bearing on the WORK involved on this project. Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. 8 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 he valid unless made 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 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 superceded and repealed by this Agreement. 9 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. SEPARABILITY. 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 CONSULTANT reserves the right to assign subcontractors with reasonable prior notice to the CRA Executive Director to this project to insure the quality of the job as well as on-time completion. However, the CONSULTANT shall remain responsible for the completion of the terms of this Agreement. 24. AMENDMENTS AND MODIFICATIONS. No amendments and/or modifications of this Agreement shall be valid unless in writing and signed by each of the parties. 10 25. NOTICE. All notices required in this Agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Lisa A. Bright, CRA Executive Director Boynton Beach Community Redevelopment Agency 915 N. Federal Highway Boynton Beach, FL 33435 With a copy to: James Cherof Goren, Cherof, Doody & Ezrol 3099 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 If sent to the CONSULTANT, shall be mailed to: 26. PUBLIC ENTITY CRIMES SWORN STATEMENT. The CONSULTANT, by its execution of this Agreement, acknowledges and attests that neither the CONSULTANT, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the CRA, is a convicted vendor or, if the CONSULTANT or any of its affiliates has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. CONSULTANT further understands and accepts that this Agreement shall be either voidable by the CRA or subject to immediate termination by the CRA, either in the event there is any misrepresentation or lack of compliance with the mandates of section 287.133, Florida Statutes. CRA, in the event of such termination, shall not incur any liability to CONSULTANT for any work or materials furnished. 28. EFFECTIVE DATE. This Agreement shall be effective as of the last date it has been executed by all parties. IN WITNESS WHEREOF, this Agreement is accepted on the date last written subject to the terms and conditions set forth herein. By authority of the CRA Board BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ATTEST: By: Chair Jerry Taylor II STATE OF FLORIDA (COUNTY OF PALM BEACH) BEFORE ME, the undersigned authority this day personally appeared and of the BOYNTON BEACH CRA, who did acknowledge to and before me that they executed the above and foregoing contract for the uses and purposes therein expressed with due authority in that behalf from the CRA Board, Palm Beach County, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Palm Beach, Palm Beach County, Florida on this day of ,2008. My Commission Notary Public ATTEST: CONSULTANT By: ATTEST: ss: Acknowledgment of Consultant STATE OF FLORJDA (COUNTY OF PALM BEACH) BEFORE ME, the undersigned authority this day personally appeared and ,of CONSULTANT, a Florida Corporation, who did acknowledge to and before me that they executed the above and foregoing contract for the uses and purposes therein expressed with due authority in that behalf from said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Palm 12 Beach, Palm Beach County, Florida on the _ day of 2008. My commission expires: Notary Public RECOMMIIND APPROVAL: APPROVED AS TO FORM & LEGAL SUFFICIENCY: Executive Director CRA Attorney 1:\Client Documents\Boynton Beach CRA\2419-000\Agreements\Continuing Contract. Design & Professional Services Version 2.doc 13 ~ o ;- == ::to ~~ ~Sjj ~ =1-3 = N - - 00 .... .... ~ t'Il XI. NEW BUSINESS: E. Consideration of Providing Financial Assistance to the Developers of Gulfstream Mall Site to Purchase Platinum Gold /'" ~~~~Y~T2~ eRA . East Side-West Side-Seas.lde Rena"lssance eRA BOARD MEETING OF: May 13,2008 I I Consent Agenda I I Old Business I X I New Business I I Public Hearing I I Other SUBJECT: Consideration of Purchasing the Adult Entertainment Cabaret License and the Liquor License of Platinum Gold. SUMMARY: In 2006 New Century Companies received site plan approval for the Gulfstream Mall located at 3629 S. Federal Hwy. for the development of a mixed-use project. The outparcel, Platinum Gold, was not included in the site plan due to the inability of the developers to come to terms with the owner, Norman Goddard. Since that time, the residential market has softened and the developer chose not to close on the Gulfstream Mall property. The owner of the Gulfstream Mall property, Thirty-Six Hundred Holdings, LLC has been attempting to attract new commercial tenants to the site. However, all prospective tenants have declined citing the reason as the proximity to the adult entertainment venue, Platinum Gold. In September 2007 after complaints from surrounding neighborhoods, the operator of Platinum Gold was arrested on allegations of drug trafficking and prosti tuti on. Due to pending legal issues, the owners of Gulfstream Mall have been able to come to terms with Mr. Goddard to purchase his property including all licenses. The CRA's independent certified appraisal on the land is $2M. The CRA contracted with an independent strip club broker to value the business. The valuation of the business licenses is $4,146,000. The total value of the licenses and the businesses is $6,146,000. Mr. Goddard has agreed to sell both the licenses and the land, provided there is a thirty day closing for $2.5M. Therefore, Thirty-Six Hundred Holdings is requesting CRA assistance to complete the transaction. In exchange, Thirty-Six Hundred Holdings will commit to creating a gateway feature at the comer of Gulfstream Boulevard and Federal Highway and the coordination of a transit stop to potentially link Boynton Beach with Delray Beach. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 05 13 CRA Board Meeting. May\Platinum Gold.doc I' " 1I1~~~Y~T2~ eRA . East Side-West Side-Seaside Renaissance The CRA's contract is in the amount of$1.3 million with the closing occurring as soon as May 23rd. The agency will purchase the Adult Entertainment Cabaret License as well as the Liquor License. The contract will include a covenant to ban adult entertainment or bar type businesses at this location. In a separate contract, Thirty-Six Hundred Holdings will purchase the land for $ 1.2 million with a contingency to complete an environmental assessment and title search and potentially close within the requested thirty days. FISCAL IMPACT: $1,300,000-Development 58300-200 CRA PLAN, PROGRAM or PROJECT: Federal Highway Redevelopment Plan RECOMMENDATIONS: Approve the purchase contract for the adult entertainment cabaret license and liquor license of Platinum Gold. Jim Cherof, CRA Attorney T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 0513 CRA Board Meeting - May\Platinum Gold.doc AGREEMENT FOR PURCHASE AND SALE OF ASSETS This Agreement for Purchase and Sale of Assets ("Agreement"), dated the _ day of May, 2008 (the "Effective Date"), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "Purchaser", and SOUTHERN ENTERTAINMENT COMPANY OF FLORIDA, INC., a Florida corporation, hereinafter referred to as "Seller"; WITNESSETH: WHEREAS, the Seller is the owner of the business known as Platinum Gold, hereinafter referred to as the "Business", which operates at 3675 South Federal Highway, Boynton Beach, Florida 33435, hereinafter referred to as the "Business Premises"; and WHEREAS, the Seller is also the owner of a State of Florida quota alcoholic beverage license #60-00711 (the "Liquor License"), City of Boynton Beach Adult Entertainment License #10249 (the "Entertainment License"), and the Seller is desirous of selling the Liquor License and Entertainment License (the "Assets") to the Purchaser, to the extent transferable and assignable, and Purchaser desires to purchase the Assets from Seller upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual promises and conditions herein contained, and for other good and valuable considerations, the receipt of which is hereby acknowledged, the parties agree as follows: 1. PURCHASE AND SALE. Upon the terms and subject to all of the conditions herein, and the performance by each of the parties hereto of their respective obligations hereunder, the Purchaser agrees to purchase from the Seller, and the Seller agrees to sell and deliver to the Purchaser on the Closing Date (as hereinafter defined), to the extent transferable and assignable, the Assets. THE ASSETS ARE BEING CONVEYED "AS IS", "WHERE IS", AND "WITH ALL FAULTS" AS OF THE DATE OF THE BILL OF SALE, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO THE CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. PURCHASER IS ACQUIRING THE ASSETS BASED SOLELY UPON PURCHASER'S OWN INDEPENDENT INVESTIGATIONS AND INSPECTIONS OF THE ASSETS AND NOT IN RELIANCE ON ANY INFORMATION PROVIDED BY SELLER OR SELLER'S AGENTS OR CONTRACTORS. SELLER HAS MADE NO AGREEMENT TO ALTER, REPAIR OR IMPROVE ANY OF THE ASSETS. SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, CONCERNING THE ASSETS. 2. PURCHASE PRICE. The purchase price for the Assets sold pursuant to this Agreement shall be One Million Three Hundred Thousand Dollars ($1,300,000.00) (the "Purchase Price"). The Purchase Price for the Assets shall be paid at the closing, ~ as hereinafter set forth, in the form of a wire cashier's check or certified (local) funds. Any prorations or adjustments shall be adjusted against the cash to close. 3. LIABILITIES. The Assets are being sold free and clear of all liens and encumbrances. All accounts payable, liabilities, liens and other encumbrances relating to the Assets, if any, which arise prior to the time of closing, shall be the responsibility of Seller and Seller acknowledges that the Purchaser is not responsible for payment of such obligations. The parties specifically acknowledge that the Seller is responsible for any debts, liabilities or obligations of the Seller. 4. CLOSING AND CERTAIN RELATED MATTERS. 4.01. The closing date for the transaction contemplated under this Agreement shall be on or before May 23, 2008 (the "Closing Date"). The closing shall be held at the office of Seller's attorney, Nason, Yeager, Gerson, White, & Lioce P.A., 1645 Palm Beach Lakes Boulevard, Suite 1200, West Palm Beach, Florida 33401, on the Closing Date. 4.02. Instruments of Conveyance and Transfer. At the closing the Seller shall deliver to Purchaser the documents listed in Section 9 herein below, including, but not limited to, a Bill of Sale for the Assets subject to this Agreement which shall be effective to vest in the Purchaser good, absolute and marketable title to the Assets being transferred to the Purchaser by the Seller, free and clear of all liens. 4.03. Sales and Transfer Taxes and Fees. All applicable transfer and filing fees that may be due or payable as a result of the conveyance or delivery of the Assets to be conveyed and transferred as provided herein, whether levied on the Seller or the Purchaser, shall be paid by the Purchaser. Additionally, Purchaser shall reimburse Seller at Closing for the unused portion of the renewal fee for the Liquor License, at the rate of $4.99 per diem, from the Closing Date, through March 31, 2009. 5. REPRESENTATIONS AND WARRANTIES BY SELLER: Seller hereby represents and warrants to the Purchase and covenants and agrees as follows: 5.01. At the time of Closing, there will be no outstanding options, contracts, commitments, warrants, agreements or rights of any character or nature whatever affecting or relating in any manner to the Assets or the Business. 5.02. Title to Assets. Seller has good, absolute and marketable title to all the Assets. 5.03. Authority and Capacity of the Corporation. Seller has and shall have at closing all requisite right, power, authority, and capacity to enter into this Agreement and all other documents ancillary to, or arising from, this Agreement and to fully perform all of its obligations hereunder, and to sell, transfer and assign absolute title to the Assets to the Purchaser. ~ 2 5.04. Insolvency. No insolvency proceedings of any character, including, without limitation, bankruptcy, receivership, reorganization, composition or arrangements with creditors, voluntary or involuntary, affecting the Seller with respect to the Assets are now pending; nor has Seller made any assignment for the benefit of creditors; nor taken any action with a view to, or which could constitute the basis for, the institution of any such insolvency proceedings. 5.05. Accuracy of Representations and Warranties. The warranties and representations contained in this Agreement are now true and will continue to be true through the Closing, shall be correct when made and shall be deemed repeated at and as of the Closing. 6. REPRESENTATIONS AND WARRANTIES BY PURCHASER. The Purchaser hereby represents, warrants and agrees with the Seller, and covenants and agrees that: 6.01. Authority and Capacity of Purchaser. Purchaser has all requisite right, power, authority, and capacity to enter into this Agreement and all other documents ancillary to, or arising from, this Agreement and to fully perform its undertakings hereunder. 6.02. Absence of Restrictions. The execution, delivery and consummation of this Agreement by Purchaser does not conflict with, or result in a breach of, the terms, conditions or provisions of any other agreements, instruments, laws, regulations, or orders or decrees of any court or any administrative agency, Federal, State or local, of which the Purchaser is subject. 6.03. Consent of Third Party. Neither the execution nor the performance of this Agreement by Purchaser, nor any of its agreements, obligations or undertakings contained herein, require the consent of any third party (excepting aforereferenced governmental agencies), nor will it constitute a breach of any provisions of, nor a default under, any agreement to which Purchaser is a party or by which it may be bound. 6.04. Insolvency. No insolvency proceedings of any character, including, without limitation, bankruptcy, receivership, reorganization, composition or arrangements with creditors, voluntary or involuntary, affecting Purchaser, or any of their assets or properties, are now pending; nor has Purchaser made any assignment for the benefit of creditors; nor taken any action with a view to, or which could constitute the basis for, the institution of any such insolvency proceedings. 6.05. Accuracy of Representations and Warranties. The warranties and representations contained in this Agreement are now true and will continue to be true through the Closing, shall be correct when made and shall be deemed repeated at and as of the Closing. ~ 3 7. LIQUOR LICENSE. 7.01 With respect to the Liquor License, at Closing, Seller shall deliver to Purchaser two original DABT transfer forms signed by Seller. All transfer fees and costs, if any, shall be paid by Purchaser. On the Closing Date, Seller shall deliver to Purchaser duplicate originals of a DABT Transfer affidavit executed by Seller. 7.02 Purchaser and Seller acknowledge and agree that the transfer of the Liquor License is subject to the approval of certain governmental entities. Purchaser and Seller shall use their good faith efforts to obtain such approval as soon as possible prior to or following closing hereunder. 8. DOCUMENTS TO BE DELIVERED AT CLOSING. At the Closing, the parties shall deliver each to the other all documents necessary to effect the Closing of the transaction contemplated by this Agreement, including, but not limited to the following: 8.01. Bv the Seller. 8.01.01. A Bill of Sale conveying to the Purchaser all of Seller's right, title and interest in and to the Assets. 8.01.02. Two (2) original DABT Transfer Forms with respect to the Liquor License and an affidavit of the three (3) previous years of sales or appropriate sales tax documentation in order to calculate the transfer fee. 8.01.03. Corporate resolutions and certificates authorizing the sale. 8.01.04. Closing statement. 8.01.05 Such other documents, papers, assurances or instruments, in writing, as shall be reasonably requested by Purchaser and/or Purchaser's counsel to effectuate the terms and intent of this Agreement and the transaction contemplated thereby. 8.02. Bv the Purchaser. 8.02.01. Corporate resolutions and certificates authorizing the sale. 8.02.02. Closing statement. 8.02.03. Such documents, papers, assurances or instruments, in writing, as shall be reasonably requested by Seller and/or Seller's counsel to effectuate the terms and intent of this Agreement and the transaction contemplated thereby. ,j} 4 9. REMEDIES OF THE RESPECTIVE PARTIES. 9.01. Purchaser's Remedies. If, on the Closing Date, the Seller is in default with respect to any of its obligations pursuant to this Agreement, the Purchaser shall have the option of doing any or all of the following: 9.01.01. Closing notwithstanding any such default, in which event such default shall be deemed waived by Purchaser; 9.01.02. Electing not to close, in which case all parties hereto shall be discharged of all of their obligations hereunder. Purchaser shall notify Seller, in writing, if they elect this remedy, stating the particular grounds for such action; 9.01.03. Seeking specific performance on the part of the Seller. 9.02. Seller's Remedies. If, on the closing date, the Purchaser is in default with respect to their obligations, pursuant to this Agreement, then Seller shall have the option of doing any or all of the following: 9.02.01. Closing notwithstanding any such default, in which event such default shall be deemed waived by Seller; 9.02.02. Electing not to close, in which case all parties hereto shall be discharged of all of their obligations hereunder. Seller shall notify Purchaser, in writing, if it elects this remedy, stating the particular grounds for such action; 9.02.03. Seeking specific performance on the part of Purchaser. 10. INDEMNITIES. Seller agrees to indemnify, defend and hold harmless Purchaser from and against any and all claims, actions, liabilities, including but not limited to tax liabilities, costs and attorneys' fees, with respect to the Assets occurring or arising during any period prior to the Closing Date. Purchaser agrees to indemnify, defend and hold harmless Seller from and against any and all claims, actions, liabilities, including but not limited to tax liabilities, costs and attorneys' fees, with respect to the Assets occurring or arising during any period after the Closing Date. This provision shall survive the closing. 11. GENDER. Wherever the context shall require, all words herein in the masculine gender shall be deemed to include the feminine or neuter gender, all singular words shall include the plural, and all plural shall include the singular. 12. ATTORNEY'S FEES/JURY TRIAL WAIVER. In the event that either party shall be forced to enforce this Agreement, whether or not through litigation, the prevailing party shall be entitled to receive reasonable attorney's fees and all costs incurred in ~ 5 connection with such enforcement, including costs of appeal. The parties hereby waive their rights to jury trial in connection with any matter arising out of this Agreement. 13. SEVERABILITY. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision was omitted. 14. FURTHER COOPERATION. From and after the date of this Agreement, each of the parties hereto agrees to execute whatever additional documentation or instruments as are necessary to carry out the intents and purposes of this Agreement. 15. WAIVER. No indulgences extended by any party hereto or any other party shall be construed as a waiver of any breach on-the part of such other party, nor shall any waiver of one breach be construed as a waiver of any rights or remedies with respect to any subsequent breach. 16. EXPENSES. Each of the parties shall bear all expenses incurred by each of them in connection with this Agreement and in the consummation of the transactions contemplated hereby and in preparation thereof contemplated hereby and in preparation thereof. 17. AMENDMENT. This Agreement may be amended or modified at any time and in all respects by an instrument in writing executed by the Purchaser and the Seller. 18. NOTICES. Any notice, communication, request, reply or advise (hereinafter severally and collectively called "notice") in this Agreement, provided or permitted to be given, made or accepted by either party to the other, must be in writing and may be given or be served by depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested or by delivering same in person to such Party, For purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows: Purchaser: Boynton Beach Community Redevelopment Agency Phone: Fax: With a copies to: Phone: Fax: ~r at such other addresses as the pur:haser may have advised the Seller in writing. Seller: Southern Entertainment Company of Florida, Inc. c/o Mr. Norman Goddard With copies to: G. Michael Keenan, P.A. 1532 Old Okeechobee Road, Suite 103 West Palm Beach, FL 33409 Phone: (561) 684-9601 Fax: (561) 684-9602 Gary N. Gerson Nason, Yeager, Gerson, White, & Lioce P.A. 1645 Palm Beach Lakes Boulevard, Suite 1200 West Palm Beach, Florida 33401 or at such other addresses as the Seller may have advised the Purchaser in writing. 19. HEADINGS. Headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 20. COUNTERPART EXECUTION. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 21. PARTIES IN INTEREST. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the Purchaser and the Seller, their heirs, executors, administrators, successors and assigns. Purchaser shall not assign its rights under this Agreement without the prior written consent of Seller. 22. CHOICE OF LAW. It is the intention of the parties that the laws of the State of Florida should govern the validity of this Agreement, the construction of its terms, and the interpretation of the rights and duties of the parties. Any dispute, claim or controversy arising of or resulting from this Agreement or any claim of breach hereof or of any representation, warranty or agreement contained herein shall be determined by a court of competent jurisdiction in the State of Florida. Venue shall be in Palm Beach County, Florida. 23. BROKERS. The parties warrant to each other that there are no brokers involved in this transaction. Each party shall indemnify and save the other harmless against and in respect of any claim for brokerage or other commissions or compensation Jy= 7 made against the other based on a set of facts inconsistent with the warranties and representations made by Purchaser and Seller to each other hereunder. 24. TIME OF THE ESSENCE. Time is of the essence with respect to the performance of the material terms and conditions of this Agreement. 25. RESTRICTIVE COVENANT. At closing, Seller shall also deliver to Purchaser a restrictive covenant to be recorded in the Public Records of Palm Beach County, Florida which shall prohibit the use of the Business Premises as an adult entertainment nightclub without the prior written consent of Purchaser. 26. OFFER. This Agreement shall constitute an offer to sell which expires if not accepted by execution by Purchaser on or prior to 5:00 p.m. on May 16, 2008. [SIGNATURES ON FOllOWING PAGE] J}-o 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. PURCHASER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: SELLER: SOUTHERN ENTERTAINMENT COMPANY OF FLORIDA, INC. By:k~ 5-/:'7-01,' NORMAN GODDARD, President H:\8659\19876\DNSGPropertiesSaleAgreementRP Nrpa #- 9 Commercial Contract FLORIDA ASSOCIATION OF REALTORS@ 1 1. PURCHASE AND SALE: 2 Thirty-Six Hundred Holdings, LLC, or its assigns 3 agrees to buy and 4 NSG Properties, Inc. 5 agree to sell the property described as: 6 Street Address: 3675 South Federal Highwav, Boynton Beach, Florida 33435 ("Buyer"), ("Seller"), 7 Legal Description: 8 See attached Exhibit "A". 9 10 11 and the following Personal Property: 12 N/A 13 14 15 (all collectively referred to as the "Property") on the terms and conditions set forth below. The "Effective Date" of this 16 Contract is the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time 17 periods of 5 days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period 18 ending on a Saturday, Sunday or national legal holiday will be extended until 5:00 p,m. of the next business day, '9 2. PURCHASE PRICE: LO (a) Deposit held in escrow by Stearns, Weaver Miller, et al. 21 (b) Additional deposit to be made within days from Effective Date 22 (c) Total mortgages (as referenced in Paragraph 3) 23 (d) Other: 24 (e) Balance to close, subject to adjustments and prorations, 25 to be made with cash, locally drawn certified or cashier's check or wire transfer. $ $ $ $ $ 1.200.000.00 50.000.00 N/A N/A N/A $ 1.150.000.00 26 3. THIRD PARTY FINANCING: Within N/A days from Effective Date ("Application Period"), Buyer will, at Buyer's expense, 27 apply for third party financing in the amount of $ or % of the purchase price to be 28 amortized over a period of _ years and due in no less than _ years and with a fixed interest rate not to exceed 29 0 % per year or variable interest rate not to exceed 0 % at origination with a lifetime cap not to 30 exceed % from initial rate, with additional terms as follows: 31 32 33 34 Buyer will pay for the mortgagee title insurance policy and for all loan expenses, Buyer will timely provide any and all credit, 35 employment, financial and other information reasonably required by any lender, Buyer will notify Seller immediately upon 36 obtaining financing or being rejected by a lender. If Buyer, after diligent effort, fails to obtain a written commitment within 37 days from Effective Date ("Financing Period"), Buyer may cancel the Contract by giving prompt notice to Seller 38 and Buyer's deposit(s) will be returned to Buyer in accordance with Paragraph 9, 39 Buyer ~ ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 1 of 5 Pages, CC-2@ 1997 Florida Association of Rea~orsll!>, All rights reserved, Licensed to Alta Star Software, User Reg# S-OCCE04A3MV330Y37-1021 Software and Added Formatting Copyright 2004 Alta Star Software, Inc. All Rights Reserved. (305) 279-8898 ALTA ST!R SOFTWARE 40 4. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by ~ statutory warranty deed 41 0 other , free of liens, easements and encumbrances of record or known to 42 Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and ,3 (list any other matters to which title will be subject) restrictive covenant - no adult entertainment niahtclubs . 44 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property 45 as commercial properlY 46 (a) Evidence of Title: Seller will, at (check one) ~ Seller's 0 Buyer's expense and within 5 days 47 ~ from Effective Date 0 prior to Closing Date 0 from date Buyer meets or waives financing contingency in 48 Paragraph 3, deliver to Buyer (check one) 49 ~ a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's 50 policy in the amount of the purchase price for fee simple title subject only to exceptions stated above. 51 0 an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 52 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer 53 as a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format 54 acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of 55 all documents recited in the prior policy and in the update. 56 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence ottitle deliver written notice to Seller of title 57 defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers 58 proper written notice and Seller cures the defects within 30 days from receipt of the notice ("Curative Period"). If the 59 defects are cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. 60 Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. If 61 the defects are not cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to 62 cure the defects to elect whether to terminate this Contract or accept title subject to existing defects and close the 63 transaction without reduction in purchase price. The party who pays for the evidence of title will also pay related title service 64 fees including title and abstract charges and title examination. 65 (c) Survey: (check applicable provisions below) 66 0 Seller will, within _ days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and 67 engineering documents, if any, and the following documents relevant to this transaction: 68 69 prepared for Seller or in Seller's possession, which show all currently existing structures. '0 ~ Buyer will, at 0 Seller's ~ Buyer's expense and within the time period allowed to deliver and examine title 71 evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments 72 on the Property or that the improvements encroach on the lands of another, 0 Buyer will accept the Property with 73 existing encroachments ~ such encroachments will constitute a title defect to be cured within the Curative Period. 74 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 75 (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing. 76 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in Palm Beach County, 77 Florida on or before N/A or within ~ days from Effective Date ("Closing Date"), unless 78 otherwise extended herein. ~ Seller 0 Buyer will designate the closing agent. Buyer and Seller will, within N/A 79 days from Effective Date, deliver to Escrow Agent signed instructions which provide for closing procedure. If an institutional 80 lender is providing purchase funds, lender requirements as to place, time of day, and closing procedures will control over any 81 contrary provisions in this Contract. 82 (a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the 83 deed. Seller will pay taxes on the deed and recording fees for documents needed to cure title defects, If Seller is obligated 84 to discharge any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the 85 encumbrances. 86 (b) Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, aSSiSRA'leRte ef lesses, t113e1stcd reRt roll, 87 t9RaRt aRE! leRder estel3l3elle~ef5, assignments of permits and licenses, corrective instruments aRE! le1teF5 RetifyiR~ teRsR16 88 of tAe 6RilRS9 iR eWRersRil'l/F8Rtal aS9Rt. If aRY tBRilRt rBfyses te e)(esl:lte SR estel3l3elle1ter, Seller will eeFtify tRst iFlferffistieR 89 fesarsiRS tAB teRsRt's lease is eerreet. If Seller is a corporation, Seller will deliver a resolution of its Board of Directors 90 authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting 91 forth facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to 92 Buyer. Buyer will provide the closing statement, mortgages and notes, security agreements and financing statements. 93 Buyer ,If -, ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 2 of 5 Pages, CC-2 <Cl ~ssociation of ReaKorsiID, All rights reserved, Licensed to AKa Star Software, Software and Added Formatting Copyright 2004 Alta Star Software, Inc. All Rights Reserved. (305) 279-8898 94 (C) Taxes, Assessments, and Prorations: The following items will be made current and prorated 95 ]:8( as of Closing Date 0 as of : real estate taxes, bond and assessment payments 96 assumed by Buyer, interest, rents, association dues, insurance premiums acceptable to Buyer, operational expenses q7 and N/A . If the amount of taxes and 8 assessments for the current year cannot be ascertained, rates for the previous year will be used with due allowance being 99 made for improvements and exemptions. Seller is aware of the following assessments affecting or potentially affecting 100 the Property: N/A . Buyer will be responsible 101 for all assessments of any kind which become due and owing on or after Effective Date, unless the improvement is 102 substantially completed as of Closing Date, in which case Seller will be obligated to pay the entire assessment. 103 (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ("FIRPTA") requires Buyer to withhold at 104 closing a portion of the purchase proceeds for remission to the Internal Revenue Service ("I.R.S.") if Seller is a "foreign 105 person" as defined by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to 106 provide, at or prior to closing, appropriate documentation to establish any applicable exemption from the withholding 107 requirement. If withholding is required and Buyer does not have cash sufficient at closing to meet the withholding 108 requirement, Seller will provide the necessary funds and Buyer will provide proof to Seller that such funds were properly 109 remitted to the I.R.S. 110 6. ESCROW: Buyer and Seller authorize Stearns Weaver Miller Weissler Alhade" & Sitterson. P.A. 111 Telephone: 954-462-9540 Facsimile: 954-462-9567 112 Address: 200 East Las Olas Boulevard. Suite 2100. Fort Lauderdale. Florida 33301 to act as "Escrow 113 Agent" to receive funds and other items and, subject to clearance, disburse them in accordance with the terms of this 114 Contract. Escrow Agent will deposit all funds received in 0 a non-interest bearing escrow account ]:8( an interest bearing 115 escrow account with interest accruing to Buyer with interest disbursed (check one) 116 ]:8( at closing 0 at intervals. If Escrow Agent receives conflicting demands or has a good faith 117 doubt as to Escrow Agent's duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow until 118 the parties mutually agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' 119 rights regarding the escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction 120 over the dispute. Upon notifying the parties of such action, Escrow Agent will be released from all liability except for the duty 121 to account for items previously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with 122 applicable provisions of Chapter 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party 123 because of acting as agent hereunder or interpleads the subject matter of the escrow, Escrow Agent will recover reasonable 124 attorneys' fees and costs at all levels, with such fees and costs to be paid from the escrowed funds or equivalent and charged 125 and awarded as court or other costs in favor of the prevailing party. The parties agree that Escrow Agent will not be liable to 126 any person for misdelivery to Buyer or Seller of escrowed items, unless the misdelivery is due to Escrow Agent's willful breach '27 of this Contract or gross negligence. .18 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, 129 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller makes no 130 warranties other than marketability of title. By accepting the Property "as is," Buyer waives all claims against Seller for any 131 defects in the property. (Check (a) or (b)) 132 0 (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" 133 condition. ]:8( (b) Due Diligence Period: Buyer will, at Buyer's expense and within 30 days from Effective Date ("Due Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended use and development of the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and investigations ("Inspections") which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural, environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision regulations; soil and grade: availability of access to public roads, water, and other utilities; consistency with local, state and regional growth management and comprehensive land use plans; availability of permits, government approvals and licenses: compliance with American with Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections that Buyer deems appropriate to determine the suitability of the Property for Buyer's intended use and development. Buyer shall deliver written notice to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property in its present "as is" condition. Seller grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct Inspections at their own risk. Buyer shall indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any nature, including attorneys' fees at all levels, and from liability to any person, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a mechanic's lien being filed against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a result of the Inspections. Should Buyer deliver timely notice that the Property is not acc~~"" agree' Ihal Buye" depo.' .hall be ;mmed;ale~ returned 10 Buye, aod Ihe Co"'reel lenn;naled. 156 Buyer. ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 3 of 5 Pages, CC-2 @ 1997 rida Association of ReaKors~, All rights reserved, Licensed to AKa Star Software, Software and Added Formatting Copyright 2004 Alta Star Software, Inc. All Rights Reserved. (305) 279-8898 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 55 157 (C) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the parties, 158 conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and to ensure that all '59 Property is on the premises. o (d) Disclosures: 161 1. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 162 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and 163 state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be 164 obtained from your county public health unit. 165 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the 166 Real Property. 167 168 business conducted on the Property in the manner operated prior to Contract and wi would adversely 169 impact the Property, tenants, lenders or business, if an . ,as renting vacant space, that materially affect the 170 Property or Buyer's inten will be permitted 0 only with Buyer's consent 0 without Buyer's 171 172 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met 173 and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned 174 in accordance with applicable Florida laws and regulations. 175 10. DEFAULT: *as its sole remedies 176 177 178 (a) In the event the sale is not closed due i<?.any default or failure on the part of Seller other than failure to make the title marketable after diligent effort, Buyer maf~lther (1) receive a refund of Buyer's deposit(s) or (2) seek specific performance. If Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee. 179 180 181 182 183 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance. If Seller retaiAs tRe Elef3esit, Seller "...ill f3ey the ListiR~ eReI Ceef3cratiR€J Brakars AaR'laEl iFl PaFa€Jraf3R 12 fifty f3ersaAt af all foFfeitcEl Elsf38sits FetaiReelay Seller (te ae sf3lit eEjl:lally 8R'leRg the 8relters) 1:113 te the fl:l1I 8R'lel:lRt af the erekeFage fee.' 4 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing 185 party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, 186 costs and expenses. 187 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a 188 licensed real estate Broker other than: 189 (a) Listing Broker: The Kniaht GrouD. LLC 190 who is 0 an agent of 191 ~ a transaction broker 0 a nonrepresentative and who will be 192 compensated by ~ Seller 0 Buyer 0 both parties pursuant to 0 a listing agreement ~ other (specify): 193 3% of the Gross Purchase Price 194 (b) Cooperating Broker: N/A 195 who is 0 an agent of 196 0 a transaction broker 0 a nonrepresentative and who will be 197 compensated by 0 Buyer 0 Seller 0 both parties pursuant to 0 an MLS or other offer of compensation to a 198 cooperating broker 0 other (specify) 199 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to inquiries, 200 introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker 201 harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all 202 levels, and from liability to any person, arising from (1) compensation claimed which is inconsistent with the representation in 203 this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker 204 at the request of Buyer or Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S., as amended, or 205 (4) recommendations of or services provided and expenses incurred by any third party whom Broker refers, recommends or 206 retains for or on behalf of Buyer or Seller. 207 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise ~ is not 208 assignable 0 is assignable. The terms "Buyer," "Seller" and "Broker" may be singular or plural. This Contract is binding '''' upon ~e~e' and thei, hei". pe"ona' 'ep'esentatlves. successo" and assigns (0 assignment is pennitled). 210 Buyer . ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 4 of 5 Pages, CC-2 @ 1997 orida Association of ReaKorS@, All rights reserved, Licensed to Alta Star Software. Software and Added Formatting Copyright 2004 Alta Star Software, Inc. All Rights Reserved. (305) 279-8898 211 212 213 '14 ,5 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 '45 16 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 14. OPTIONAL CLAUSES: (Check if an.Y...of the following clauses are applicable and are attached as an addendum to this Contract): o Arbitration U Seller Warranty 0 Existing Mortgage o Section 1031 Exchange 0 Coastal Construction Control Line Ja Other Addendum D Property Inspection and Repair 0 Flood Area Hazard Zone D Other D Seller Representations 0 Seller Financing 0 Other 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be construed under Florida law and will not be recorded in any public records, Delivery of any written notice to any party's agent will be deemed delivery to that party. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. DEPOSIT RECEIPT: Deposit of $ by D check D other received on bv Signature of Escrow Agent OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a signed copy delivered to Buyer or Buyer's agent no later than 5:00 0 a.m. Ja p.m. on Mav 16. 2008 , Buyer may revoke this offer and receive a refund of all deposits. Thirty-Six Hundred Holdings, LLC, or its assigns Date: BUYER: Tax 10 No: Facsimile: Tax 10 No: Facsimile: Ja subject J Tax 10 No: Facsimile: Tax 10 No: Title: Address: Telephone: Date: BUYER: Title: Address: Telephone: Date: :) - ( '"3> - 0 <G Title: President Address: Date: SELLER: JlTitI~~ess: Buyer. ( ) and Seller ( ) ( ) acknowledge receipt of a copy of This page, which IS Page 5 of 5 Pages. The FIOri a Assoclabon of ReaKors and local Board/ASSOCiation of ReaKors make no representation as to the legal validity or adequacy of any provision of this form In any specific transaction, This standardized form should not be used in complex transactions or with extensive riders or addKions, This form is available for use by the entire real estate industry and is not intended to identify the user as a ReaKor, Realtor is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of ReaKors and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U,S, Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms, Telephone: Facsimile: CC-2@ 1997 Florida Association of ReaKorsill), All rights reserved, Licensed to AKa Star Software, Software and Added Formatting Copyright 2004 Alta Star Software, Inc. All Rights Reserved. (305) 279-8898 ADDENDUM TO COMMERCIAL CONTRACT 1, Qefinitions, The following terms when used in this Commercial Contract (the "Contract") shall have the following meanings: (a) Governmental Authorities. Any and all federal, state, county, municipal or other governmental department, entity, authority, commission, board., bureau, court, agency or any instrumentality of any of them. (b) Governmental Reouirement, Any Jaw, enactment, statute, code. ordinance, rule, regulation, judgment, decree, writ, injunction, franchise, permit, certificate. license, authorization, agreement, or other direction or requirement of any Governmental Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued applicable to the Seller or Property. (c) HlIZlITdous Material. Any flammable or explosive materials, petroleum or petroleum products, oil, crude oil, natural gas or synthetic gas usable for fuel, radioactive materials, hazardous wastes or substances or toxic wastes or substances, including, without limitation, any substances now or hereafter defined as or included in the definition of "hazardous substances," "hazardous wasteS," "hazardous materials," "toxic materials" or "toxic substances" under any applicable Governmental Requirements. without limitation, Section 7(b) of the Contract: (i) from the Effective Date until the Closing Date, Buyer shall have the right t the Property to perfonn any inspections provided such right shall not change the Due Diligence Period; (ii) Buyer s liability for the results and/or findings of any environmentally related inspections performed; (iii) if Buyer's I unacceptable to Buyer for any or no reason whatsoever, which determination shall be in Buyer's sole and absolute may tenninate this Contract by written notice to Seller or Seller's counsel sent no later than two (2) business da er the expiration of the Due Diligence Period, in which case the Deposit shall immediately be returned to Buyer, without the sent of Seller or any other person or entity being required, and both parties shall be relieved of all obligations hereunder; (iv) i Deposit is not returned within three (3) days of Buyer's termination, Buyer shall be entitled to the return of the Deposit togeth itb any attorneys' fees and court costs associated with collection; (v) in the event that Buyer's investigation of the Property is $factory to Buyer, Buyer shall deliver to Escrow Agent prior to 5:00 p,m, on the final day of the Due Diligence Period the add' . naI deposit and Buyer's failure to deliver the additional deposit to Escrow Agent by 5:00 p.m, on such day shall be deemed 'nation of this Contract; and (vi) Buyer shall make the initial deposit within three (3) days after the Effective Date. Bu shall have the rigbt to extend the Due Diligence Period by sixty (60) days if Buyer's environmental consultant recommends a n environmental inspection. Following the Due Diligence Period through Closing (so long as Buyer is not in default of ntract), Boyer shall have the right to install signs on the Property (and remove same). (b) Title. If Buyer has objections which ct title to the Property or relate to survey matters, notwithstanding anything to the contrary contained in the Contract, Buyer I have until the expiration of the Due Diligence Period to provide Seller with Buyer's objections to same, in which event Sell I use good faith diligent efforts to cure objections and shall bave thirty (30) days after receipt of said statement of objectio to satisfy all objections and, if Seller fails to satisfy all such objections within that time then, at the option of the Buyer: (i) may cancel this Contract, and Seller shall return or cause to be returned the Deposit to Buyer. or (ii) Buyer, at Buyer's exp may take such steps as Buyer shall deem proper to remove such exceptions, deducting from the purchase price those liens Other matters curable by payment of an ascertainable amount.; or (iii) Buyer may allow Seller additional time not to exceed ni (90) days to remove such exceptions. (c) Avvrovals. er shall have until ninety (90) days after the expiration of the Due Diligence Period (the "Approval Period"), to obtain: (i) the I (including the expiration of all appeal periods) unconditional granting of all necessary site plans, plats, utility and drainag its, licenses, concurrency reservations, variances, special exceptions, rezoniDgs and other approvals from Governmental orities (collectively, the "Development Approvals") which, in the sole judgment of Buyer, are necessary to permit the con ction and operation (including approaches and curb cuts) of a project of Buyer's favored size and design (the "Buyer's proj , (ii) a final binding lease agreement between Buyer, as landlord., and CVS as tenant (the "CVS Lease")and (iii) a One lion and 00/100 U.S. Dollars ($],000,000.00) grant payable to Buyer by the Community Redevelopment Agency of B tOR Beach, Florida in exchange for a release of the existing licenses related to the prior business operations at the Prope e "Grant"; the Development Approvals, the CVS Lease and the Grant are hereinafter collectively referred to as the "Ap a1s"). Buyer, as Seller's agent, is authorized to execute any applications or other documents in order to obtain any such A vals. Buyer's obtaining all of the Approvals shall be a condition to Closing. In the event that any of the aforesaid Appro s have Dot been obtained during the Approval Period, Buyer may, by giving notice to Seller, be entitled to two (2) extensions 0 e Approval Period of forty-five (45) days each. Seller agrees to execute or join with Buyer in executing any applicatio r other instrument necessary to obtain the Approvals and to assist Buyer in obtaining same, including, without limitation, author' . g Seller's consultants to complete such work, but only to the extent requested and paid for by Buyer. Buyer shall pay all rease Ie expenses of obtaining the Development Approvals from the government At Closing of the transaction contemplated by thi ontract, Seller shall execute any and all reasonable documentation necessary to transfer to Buyer title to the Approvals. N ithstanding anything to the contrary contained in the Contract, Buyer shall have the right to extend the Closing Date until ten 3. Seller's Representations. 3,1 ReDresentations and Warranties. As a material inducement to Buyer to execute this Contract and consummate this transaction, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date that: (i) Or2anization and Authoritv. Seller is duly organized and in good standing, validly exists, and is qualified to do business in the state where the Property is located, and has the full right and authority and has obtained all consents required to enter into this Contract and consummate the sale. This Contract and all of the documents to be delivered by Seller at the Closing have been and will be authorized and properly executed and will constitute the valid and binding obligations of Seller, enforceable in accordance with their terms; (ii) No Le2al Bar. The execution by Seller of this Contrad and the consummation of the transaction hereby contemplated does not, and on the Closing Date will not (a) result in a breach of or default under any indenture, agreement, instnnnent or obligation affecting Seller or any portion of the Property, (b) result in the imposition of any lien or encumbrance upon the Property, or (c) constitute a violation of any Governmental Requirement; (iii) Contractors and SUDOliers. All contradors, subcontractors., suppliers, architects, engineers, and others who have perfonned services, labor, or supplied material in connection with the Property 4r have been paid in full and all liens arising therefrom (or claims which with the passage of time or notice or both, could mature into liens) have been satisfied and released; (iv) No Default. Seller is not in default under any indenture, mortgage, deed of trust, loan agreement, or other agreement which affects any portion of the Property; (v) Compliance with Laws. The Property and the present uses thereof are in compliance with all applicable Governmental Requirements; (vi) Title. Seller is the owner of good and marketable title to the Property, free and clear of all mortgages, liens, encumbrances and restrictions of any kind, except mortgages and encumbrances of record which will be paid and removed on or before Closing by Seller, (vii) Litil!.&tiQl1. There are no actions, suits, proceedings or investigations (including condemnation or similar proceedings) pending or, to the Icnowledge of Seller, threatened against Seller or the Property and Seller is not aware of any facts which might result in any such action, suit or proceeding. If Seller is served with process or receives notice that litigation may be commenced against it, Seller shall promptly notify Buyer; (viii) <;ontraets. Leases and Parties in possession. There are no parties otber than Seller in possession of any portion oftbe Property as lessees, tenants al sufferance or trespassers. There are no associations in existence affecting the Property, except as recorded in the Public Records of the County where the land is located, Exclusive possession of the Property shaJl be given to Buyer at Closing, and at Closing the Property shall be unoccupied and free of any lease, license, occupancy agreement or other right of possession or claim by anyone other than Buyer and at Closing there shall be no service contraCtS, management agreements or other contracts or agreements affecting the Property; (ix) Insolvency. The Seller has not made an assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they mature or has been adjudicated as bankrupt or has filed a petition in voluntary bankruptcy or a petition or answer seeking reorganization or an arrangement with creditors tmder the federal bankruptcy law or any other similar law or statute of the United States or any state and no such petition has been filed against it; (x) No Hazardous Material. The Property has not in the past been used and is not presendy being used for the handling, storage, transportation or disposal of Hazardous Material. There are no underground storage tanks located on the Property. Seller has no Icnowledge of any violation of environmental laws related to the Property or the presence or release of Hazardous Materials on or from the Property. H the Property is contaminated with any. Hazardous Material, Seller shall. at Seller's expense prior to Closing. remediate and clean up all contamination and shall obtain a "No Further Action" letter from all applicable Governmental Authorities in favor of Buyer; (xi) Eomlovees. There are no employees of the Seller, at the Property or otherwise, who, by reasons of any Governmental Requiremen\, or by reason of any union or other employment contract, written or otherwise, or any other reason whatsoever, would become employees of the Buyer as a result of the purchase of the Property by the Buyer; (xii) Air Ri2hts. Neither the air rights over !:be Property, nor any other "development rights" with respect to the Property have been assigned. transferred, leased or encumbered; (xiii) Events Prior to C1osinl! and Other Information, Seller will use its best efforts not to cause or permit any action to be taken which would cause any of the foregoing representations and wsmmties to be untrue as of the Closing Date. Seller agrees to immediately notify Buyer in writing of any event or condition which occurs prior to Closing, which causes a change in the: filets related to or the troth of any of the above representations; (xiv) Qperatinl!. Statements. The Operating Statements delivered to Buyer show all items of income and expense (operating and capital) incurred in connection with Seller's ownership, opemtion, and management of the Property for the periods indicated and are true, correc\, and complete in all material respects; (xv) Sales Taxes. All sales taxes required to be paid or collected by Seller in the operation of the property have been collected and paid to the appropriate governmental authority through 8 current date. No person, fmn, corporation, or other entity has any right of first refusal, option to purchase, or other right or option to acquire the Property or any portion thereof or lease any additional space; and (xvi) QfA.C. Neither Seller nor any related person of Seller is or has been subject to the prohibitions contained in Executive Order No. 13224 (Sept. 23, 2001) (the "Order"), or any other similar prohibitions contained in the roles and regulations of Office of Foreign Assets Control, U.S. Department of Treasury ("OF AC") and/or in any enabling legislation or other Executive Orders in respect thereof, or owned or controlled by, or acts for or on behalf of, any person on any government list or any other person who has been detennined by a governmental authority to be subject to the prohibitions contained in the Order.. Seller agrees to defend and indemnify the Buyer against any claim, liability, damage or expense asserted against or suffered by Buyer arising out of the bre8cll or inaccuracy of any such representation or warranty The representations and warranties set forth in this Article are made 8S of the date of this Contract and are remade as of the Closing Date and shall not be deemed to be merged into or waived by the instruments of Closing, but shall survive the Closing for a period of one (1) year 4. Seller's Affirmative Covenants.e ~r:!:r ~._ ~ .J [ L./~ .lm! ~~~~~~:~ _I ~,! ;- ':~: ! I :; V~', ..; :.. . I' I ~._~ ;.~=.~~- . io I. . ~ ~~Iiiti.:: ::~' iCi-~ - :-y . ~ ~ '=-~'. :.~ -. . ~~ ~~:... ,:.:: :=:-~; :.::;;;;; ~~ i:.!! ~ ,. -' - J..L." ; ;, :- :. i; ~ ~ i IIii i;n:;;~~. : -::-: ;-.: ; ~ · -i ~.. ::c'~~ :- ;.-,-, .. ~ . .". ;.: :.: 5.i!::;-;::::' ,;: .:::::::::.:.;: ~_ _.;u.:.::. . _ ":_..=: . ~':;III. _ 'iii:' ~~. -~. .' ,Ii I ~ ~ ~.; ~~i~~:::~A z;.:--;-.. '::')' .' .:. :'.. ...~ ~::. ":'j -:-: ~'lf,;;~2.';'~.-~~~!~ Date, Seller will refrain from (a) performing any grading, excavation, constroction, or removal of any improvements, or making any other change or improvement upon or about the property; (b) entering into any backup contract or similar agreement for the Property or entering into, creating or incurring, or suffering to exist, any easement, mortgage, lease, lien, pledge, contract, or other agreements or encumbrances in any way affecting the Property; and (c) committing any waste or nuisance upon the Property; (iii) Maintenance of PrODCJtV. From the Effective Date untit the Closing, Seller will observe all Governmental Requirements, remedy all code violations and satisfy all requirements necessary to properly close all open pennits prior to Closing; (iv) Sales Tax. Seller shall have sole responsibility for payment of any sales tax attributable to rents and other revenues received or payable: prior to the Closing Date. On the Closing Date, Seller shall provide to Buyer a written statement from the Florida Department of Revenue showing proof of amount of sales tax for the month prior to the Closing Date and that no taxes, penalty or interest is due by the Seller; (v) Survival. All covenants and obligations of Seller and the other provisions of this Section shall survive the Closing; (vi) Further Assurances. In addition to the obligations required to be performed hereunder by Seller at the Closing, SeUer agrees to perform such other sets, and J ~l<, ,ct""''''''o<. Md deUv" ,.b",,!UM' .. the Cl""ng ~'" n1h" in""'"","'. ~ Md ...... ......-;'" os BuY'" "'" reasonably request in order to effectuate the consmnmation of the transactions contemplated herein and to vest title to the Property in Buyer. 5. Conditions. Notwithstanding anything to tbe contrary contained in this Contract, in addition to all other conditions set forth herein, Buyer shall not be obligated to close unless and until each of the following conditions (collectively. the "Conditions") are either fulfilled or waived, in writing, by Buyer: (a) Seller shall have timely performed all covenants, agreements and obligations and complied with all conditions required by this Contract to be performed or complied with by Seller prior to the Closing; (b) all conditions to Closing otherwise contained in this Contract shall have been satisfied; (c) all of Seller's representations and warranties shall be true and correct as of the date of this Contract and the Closing Date. For purposes of this clause, a representation shall be false if tbe factual matter that is the subject of the representation is false notwithstanding any lack of knowledge or notice to the party making the representation; (d) the status of1itle to the Property shan be as required by this Contract, (e) the property shall be free and clear of polhrtion, debris andJor Hazardous Material whether visible or not, (f) there shall exist no actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, pending or threatened against the Seller or the Property that would adversely affect dIe operation or value of the Property or this Contract or the Seller's ability to perform its obligations under this Contract ~ di-' ... ~. 'J .Jr.. .'" (Ii ~ J 1...1 L. v .__..~ _. . -rr . , (h) there shall be no general moratorium or similar restriction imposed by any Governmental Authorities or utility supplier with respect to the issuance of building penuits or utility permits or connections affecting the Buyer's Project, I ~ Cl ., ~." .- -?y.VYa.J" W' J._ -r-._J~.. :-1 -: ~-, - t~: .. :- _uw.. ~_A:"--' .,.... .., _'_'W__'6, ...~~'::". .i..~.--.. _._ ..4uu. .............., ...........t'....v..~ u_..~_ - J A L . __I .. .... ... -"- L._ ~ Ln" .. - 11 .v'__ _.J A' t. If the Conditions bave not been satisfied on or before the Closing Date, Buyer shall bave the option of extending the Closing Date to a date which is thirty (30) days after all Conditions are satisfied by ~lIer or waived in Writing by Buyer (the "Extended Closing Date"). If the Conditions have not been satisfied as of the Closing Date or as of the Extended Closing Date, if applicable, then Buyer can elect to (i) terminate this Contnlct whereupon all deposits whalSoever shall immediately be returned to Buyer and all parties shall be released of any furthrx liability hereunder or (ii) waive such unsatisfied Conditions and proceed to closing. provided that if any Conditions are not satisfied due to Seller's breach or default under this Contract, Buyer shall be entitled to all remedies available under this Contracl 6. Escrow Agent. Notices and Exchange. Buyer and Seller hereby release Escrow Agent from any claim and each agrees to indemnify and bold harmless Escrow Agent from and of any claim or loss whatsoever, including attorney fees, except for gross and willful misconduct of Escrow Agent; and further the parties each agree to look only to the other party to this Contract for any purported improper instruction, action, payment, claim or loss derived from Escrow Agent Escrow Agent shall be entitled to reprt'.'lent Buyer or the Escrow Agent relative to this transaction, and all parties waive any right to object to any such representations due to conflicts of interest or other concerns. If any of the parties to this Contract desires to exchange other property of like Ic:ind and qualifYing use within the meaning of Section 103] of the brtemal Revenue Code of 1986, as amended (the "Code"), and its accompanying Regulations, for the fee simple title in or proceeds of the Property, then the parties each agree to assist one another in the consummation of such traDsaction(s); and the parties reserve the right to assign their respective rights (but not obligations) hereunder to a Qualified Intermediary as provided for in the Code or before the Closing Date, as may be necessary to accomplish a Section 103 I Exchange under the Internal Revenue Code, provided the assisting party has not made and does not make any representations or warranties whatsoever regarding such attempted exchanges and the assisting party shall incur no additional expense or liability aOO the exchange shall not delay closing. Any notice, demand, instruction or other communication to be given to either party hereunder, except where required to be delivered at the Closing, shall be in writing and shall either be (a) hand-delivered, (b) sent by Federal Express or a comparable overnight mail service, or (c) sent by telephone facsimile transmission to Buyer and Seller at their respective addresses set forth in the Contract, Notice given to a party's counsel shall constitute sufficient notice to such party and no other notice need be given directly to such party. Notice shall be deemed to have been given upon receipt or refusal of delivery of said notice, For purposes of this Contnlct and Addendum, the calculation of all time periods shall exclude Salllrdays, Sundays and national holidays on which commercial banking institutions are closed. The addressees and addresses for tbe purpose of this paragraph may be changed by giving notice. Unless and until such written notice is received, the last addressee and address stated herein shall be deemed to continue in effect for all purposes. 7. Conflict. In the event of any conflict between the terms, conditions or other provisions of this Addendum and the terms. conditions and other provisions of the Contract, to which tbis Addendum is a part, the terms, conditions and other provisions of this Addendum shall control. To the extent that there shall be no such conflict, the Contract shall remain in full force and effect and the parties hereby ratify same. BUYER: SELLER: a THIRTY-SIX HUNDRED HOLDINGS, LLC, a Florida limited liability company By: Print: Date: J:\ W-PLD\05304\OOO\Addendum_NSG _3600_ 04-16-08.ooc ~ FII. "'" 020717 EXHIBIT "A" IIO(J( 14421 PAGE 81& Dorothy H. Wilken, Clerk c:.\ \\ /,"-~, ',,"--,. .>......' )\ \f' ,::>) A par~I})J-~nd lying In Palm Beach County, Florida, more particularly described a6 fOUows\ ,~,>, 0 \,' /') '1- ' .,..- CommenC1il:g,':8f)'he Intersection of the Easterly right-of-way Une of the Florida EaBt C08at Rall~y,'wlth the East-West Quarter Section Line of Section 4, Township 46 South, Range 43 .,E~t, Palm Besch County, Florida; thence Easterly along said Eut-West Quat!pr'~ctlon Line, a distance of 80.90 feet; thence Northerly, pBrsllel with the sBld ti~~ right-of-way of the Florida East Cosst Railway, a dlstBnce of 62.67 feet to a~dl1"t~tsectlon, with the Northerly right-of-way line of Gulfstream Boulevard; thence'East~ly along 88ld Northerly right-of-way line a distance of 70.55 feet to the point of ~~re of a curve to the South having a radius of 1950.08 feet and a central angle 1l(5~gree8 59' 38"; thence Easterly along the arc of 88ld curve a distance of 204 fee~:..u,~'(:~ continue Easterly, along 88ld right-of-way line, tangent to 88ld curve, a dlstand,{ 0,,'68.82 feet to the Point of Beginning of the Parcel to be herein described; thenee-'siOlWhue Easterly, along the 88me course, a distance of 217.96 feet to the point 0(4curvature of a curve concave to the Northwest having s radius of 20 feet and a cen,!:at,~ngle of 72 degrees 27' 50"; thence Easterly and Northerly along the arc of ~~~)~urve, a distance of 25.29 feet to a point In the Weaterly right-of-way line of Q;'S:Hlghway No.1 (S.R. # 5); thence Northerly along said right-of-way line tangent ~Id curve, a distance of 180.03 feet; thence Westerly, making and angle witrl/th~)proceedlng course of 107 degrees 33' 34", meaBured from North to West, a ~~ of 263.45 feet; thence Southerly, making Bn Bngle with the preceding course ofiIt8":~,grees 33' 12" measured from East to South, a distance of 187.60 feet tot he poh'tt.:vt.:l1eglnnlng aforedeBcrlbed. \r'-->~ ' :;0 ~;~~~\C <;;--: \;, , "', ~~.. \ , '.'~l -)' . \ t ~ '1-' ((?'). (( ,/; ~;f:~~ ~~A' TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F, KOCH. JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III CHRIS O. WHEELER MURIEL J. ANDERSON Telephone (561) 276-5116 Fax (561) 737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR May 12, 2008 Mayor Jerry Taylor City of Boynton Beach 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435 Dear Mayor Taylor: In keeping with the directions of the Town Commission, be assured that the Town of Gulf Stream whole-heartedly continues to support the City of Boynton Beach in its efforts to redevelop the area now occupied by the Platinum Gold strip club. While we are not in Boynton Beach, we are a close neighbor. As such, we appreciate your efforts toward redevelopment that would encourage a more fitting use in this neighborhood. V'Iry tru ff ours, , . W;. /y rf<{d{. William F. Koch, Jr. ~ Mayor 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Place au Soleil Homeowners This is a petition against any future development of Exotic Adult Entertainment (a.k.a. Strip Club) at the location currently held by Platinum Gold - Federal Highway and Gulf Stream Blvd. This petition will be given as support to the Boynton Beach Community Redevelopment Association at the CRA Meeting on , Tuesday, May 13th 6:30pm - Boynton City Hall \ Address "5 \ .......... "'c.., (\- Lef-~\c:t.e \..J-locJ \ Place au Soleil Homeowners This is a petition against any future development of Exotic Adult Entertainment (a.k.a. Strip Club) at the location currently held by Platinum Gold - Federal Highway and Gulf Stream Blvd. This petition will be given as support to the Boynton Beach Community Redevelopment Association at the CRA Meeting on Tuesday, May 13th 6:30pm - Boynton City Hall Print Name IV;; ,of" .-J " ,_.,~ V\6USII Ai IRGv I NU ~rmL11 ()t7/1 S' \"' 1Cw~ D-z-jJr. Place au Soleil Homeowners This is a petition against any future development of Exotic Adult Entertainment (a.k.a. Strip Club) at the location currently held by Platinum Gold - Federal Highway and Gulf Stream Blvd. This petition will be given as support to the Boynton Beach Community Redevelopment Association at the eRA Meeting on Tuesday, May 13th 6:30pm - Boynton City Hall ~ 'S;; ~ 61>0 -r-A Place au Soleil Homeowners This is a petition against any future development of Exotic Adult Entertainment (a.k.a. Strip Club) at the location currently held by Platinum Gold - Federal Highway and Gulf Stream Blvd. This petition will be given as support to the Boynton Beach Community Redevelopment Association at the CRA Meeting on Tuesday, May 13th 6:30pm - Boynton City Hall Address " /" Place au SoleD Homeowners This is a petition against any future development of Exotic Adult Entertainment (a.k.a. Strip Club) at the location currently held by Platinum Gold - Federal Highway and Gulf Stream Blvd. This petition will be given as support to the Boynton Beach Community Redevelopment Association at the CRA Meeting on Tuesday, May 13th 6:30pm - Boynton City Hall foR ~,.s k.. , tit) 'P*I. , f ~ N P, , ". "f" -,' ~ t 1;:) __00.\ 0 'IJ"