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Agenda 09-02-08 'I' ~~~<tY~T8~ eRA iIIi East Side-West Side-Seaside Renaissance If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CRA Board Meeting Tuesday, September 2, 2008 at 7:30 PM, Or as soon thereafter as practicable following the City Commission Meeting City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 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: VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting - August 12, 2008 B. Approval of Minutes - CRA Budget Workshop Meeting - August 7, 2008 C. Approval of the Period-Ended August 31,2008 Financial Report XII. New Business: XIII. Future Agenda Items XIV. Comments by Staff XV. Comments by Executive Director XVI. Comments by CRA Board Attorney XVII. Comments by CRA Board XVIII. Adjournment ~~~ctY~T8~ eRA ill East Slde~West S.,de~Seaslde Renaissance If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CRA Board Meeting Tuesday, September 2, 2008 at 7:30 PM, Or as soon thereafter as practicable following the City Commission Meeting City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 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: VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting - August 12,2008 B. Approval of Minutes - CRA Budget Workshop Meeting - August 7,2008 C. Approval of the Period-Ended August 31, 2008 Financial Report D. CRA District Noise Ordinance Recommendations E. Approval of the Boynton Harbor Marina Dockage Agreement for FY 2008- 2009 F. Approval of Funding up to $1,500.00 from the Community Meeting Grant Program to Inlet Cove Association (INCA) VII. Information Only A. CRA Policing Activity Report for the Month of July, 2008 and District Statistics for the Months of July and August, 2008 B. Boynton Beach CRA and Trolley Website Updates C. INCA Newsletter VIII. Pulled Consent Agenda Items: IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Legal: A. Proposed Resolution Recommending the Amendment of the CRA Plan and to Modify the Redevelopment Area Boundary Description to Confirm Inclusion of all Unincorporated Enclaves Annexed Into the City After November 8, 2000; Supporting Automatic Inclusion of Annexed Unincorporated Enclaves into the Redevelopment Area; Resolving Issues of Retroactive Reallocation of Ad Valorem or TIF Revenues Between the City and the Community Redevelopment Agency XI. Old Business: A. Discussion and Approval ofFY 2008-2009 Budget B. Discussion of Contracts with American Realty - Ocean Breeze C. City's Long Range Revenue Increase Study Options: Shrink TIF District XII. XIII. XIV. XV. XVI. XVII. XVIII. New Business~ Future Agenda Items Comments by Staff Comments by Executive Director Comments by CRA Board Attorney Comments by CRA Board Adjournment MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEmNG HELD ON THURSDAY, AUGUST 12, 2008, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Brlghtl Executive Director James Cherof, Board Attorney (Begin transcription by C. Cherry at 6:30 p.m.) I, Call to Order - Chairman Jerry Taylor Chair Taylor called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation Mr. Hay gave the invocation and Mr. Weiland led the Pledge of Allegiance to the Flag. III. Roll Call The recording secretary called the roll. A quorum was present. IV. Agenda Approval: A. Additlonsl Deletions, Corrections to the Agenda Ms. Bright announced a request was made to review the board recommendations made at the budget workshop, This would be heard under Old Business as item A-1. Vice Chair Rodriguez moved up Item E regarding the MLK Corridor Development Agreement, under Old Business to Item A-2 under Old Business. Vice Chair Rodriguez Inquired about the cancellation of the September 9, 2008 meeting. There was no need for a second budget hearing. The CRA budget would be approved after the City Commission meeting on September 21 2008. The CRA September agenda would include regular Items and approval of the budget. B. Adoption of Agenda Motion Ms. Ross moved to approve the agenda as amended. Mr. Hay seconded the motion that unanimously passed. 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 V. Announcements & Awards: Mr. Hay announced the Senior Baseball Team beat Hawaii 5-2 yesterday and were supposed to play the Phillipines but were delayed because of rain. The team was doing well. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting - July 8, 2008 B. Approval of the Period-Ended July 31, 2008 Financial Report C. Approval of a Commercial Facade Improvement Grant to The Pantry D. Approval of Board Travel to Florida Redevelopment Association (FRA) 2008 Annual Conference - October 21-24, 2008 E. Rescission of Contract with Burkhardt Construction Motion Vice Chair Rodriguez moved to approve the consent agenda. Mr. Hay seconded the motion that unanimously passed. VII. Information On IV A. CRA PoHcing Activity Report for the Month of June 2008 and District Statistics for the Months of June and July 2008 B. Boynton Beach CRA and Trolley Webslte Updates C. INCA Newsletter D. Boynton Beach Arts Commission Meeting Workshop Minutes - June 14, 2008 E. Boynton Beach Arts Commission Meeting Minutes - June 26, 2008 F. Boynton Beach Arts Commission Meeting Minutes - July 22, 2008 VIII, Pulled Consent Agenda Items: None IX. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Taylor opened the public comments. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 Mack McCray, 806 NW 4th Street, wanted to ensure the HOB budget funds would not be moved to other projects. He explained District II has more blighted areas than any other area of the City. He expressed the CRA was created to eliminate slum and blight and he did not want the members to change what the prior Commission and CRA started. Mark Karageorge, 240A Main Boulevard, commended the board for the Southwest trolley route. He advised he heard great feedback from residents about it from High Point. He advised the CRA had very nice signage at the Gulf Stream Plaza site, which read a Work of Art in Progress. He felt the slogan was appropriate. He announced former CRA Board member, Rev. Lance Chaney had been diagnosed with prostate cancer a few months ago and was successfully treated at John Hopkins. The cancer was eradicated and he was doing well. He requested members keep him In prayer, Lastly, he advised he and another resident had started a Boynton Business Blog a one-way blog site promoting the positive aspects of Boynton Beach from a business, new business development and business expansion perspective. He gave kudos to the board for having construction projects under way when other municipalities did not. Capital projects were underway and Boynton Beach was leading. The site was free to residents and through working with the Chamber of Commerce, there is a link. He expressed It was a good way to get news out to the community. Oda B. Bouie, resident of San Antonio, Texas, was present with her mother Elizabeth Jenkins. She advised last year she was visiting Ms. Jenkins and she assisted her with filing an application for home improvement which she submitted to the CDC. As a follow-up this year, the CDC informed her Ms. Jenkins had to go to the CRA and the file appeared to be lost. This was upsetting to both Ms. Jenkins and Ms. Boule because of the confidential information included in the file. She was unsure how to proceed and inquired what needed to be done. Vivian Brooks, CRA Assistant Director, responded and advised she spoke with the CDC about it. Previously the CDC handl~d those requests for the CRA and Ms. Jenkin's file was submitted during the transition period. It was never forwarded to them. She explained the file had been destroyed and she Invited Ms. Jenkins to fill out a new application with the CRA. She apologized for the inconvenience. Mr. Weiland left the dais at 6:44 p.m. and he returned to the dais at 6:45 p.m. A representative from the CDC was not available to address the Issue; however Ms. Brooks followed up on the Issue and It was an Internal issue with the CDC. She explained the amount available for exterior improvements was $20K and if Ms. Jenkins needed more, she should approach the City for Community Improvement funds through Ms. Sherrod. Mr. Hay apologized for the mishap and suggested making a copy of her application in the future. Sherrie Johnson, Executive Director, Community Caring Center, 145 NE 4th Avenue, thanked the CRA for its consideration of the Community Caring Center's request, She congratulated the CRA on what they have accomplished and appreciated the trolley adding a stop at the library. She advised she received many calls from senior citizens who wanted to attend the Green Market. Adding the stop would allow them to do so. She complimented the new amenities added at the marina, such as restrooms and pedestrian walkways and suggested moving the Green Market to that location. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 Ms. Johnson requested the CRA create ways to assist the Community Caring Center that did not necessarily require funding. Examples could be a website link, free advertising on the trolley for a time} and other creative ways to market them and the Green Market. In referring to the CRA budget, Ms. Johnson made reference to a property purchase and the $200K set aside to solve their issues. She suggested If the CRA assisted the Woman's Circle, that might put them In a position to negotiate on a portion of the property they were interested in purchasing. Ms. Johnson saId this would solve their problem. Chair Taylor explained in reference to the trolley, the southern route was successful, but because of costr some of the routes had to be scaled back. They reviewed the item very carefully. Mack McCray, 806 NW 4th Street, suggested identifying which COC was referred to in reference to Ms. Jenkinsr since there was more than one CDC within the City. It was noted the CDC in question was the Boynton Beach Faith Based COCo He also advised if free advertising would be given on the trolleYr he hoped there was something in place so that anyone who had a business in Boynton would also receive free advertising. There being no further comments, Chair Taylor closed the public hearing. X. Public Hearing: None (End transcription by C. Cherry at 6:51 p.m.) XI. Old Business A-i. eRA Board Policy Direction for FY 08-09 Budget (Janet Prainito begins transcription at 6:51 p.m.) At the CRA budget workshop, the board made recommendations to staff to implement a balanced budget. They brought forward a list of items with only one item missing which was the proposal and request for $1.8 million to purchase the land for the Museum of lifestyle and Fashion History. The board directed staff to do a boundary amendment, but that funding opportunity had never been discussed. Susan Harris, Finance Director, reviewed the projections based on the differential between what happened in the City as a whole and the CRA assessed valuations. This was elaborated into two different scenarios; one at the suggestion of the City Manager in an e-mail to Ms. Bright where he suggested a 6% reduction In assessments for next year. When Vice Chair Rodriguez suggested the reductions could be 12% to 15%, a second scenario was prepared. . Scenario #1 shows a reduction In assessed valuations in 2009/10 of 6%. In terms of TIF, that computes to $7.6 million In revenue. When looking at the new construction anticipated coming on-board in 2010/11, more than $3 million is 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 anticipated. In that fiscal year, the TlF will be over $10 million. That would put the CRA at the same level as In this current fiscal year of $5.9 million. . Scenario #2 shows a drop in assessed valuations In 2009{10 of 12% which would result in a TlF of $6.9 million without new construction. When the new construction Is added, that figure increases to $9.8 million in fiscal year 2010/11. In spite of this great reduction In assessed valuations, with new construction coming on-board, the TIF will move up to current levels. Another chart prepared by Ms. Harris elaborated on the two scenarios discussed; however, It showed what would occur If there was a 6% loss in valuations in fiscal year 2009/10. The changes discussed at the budget workshop were programmed In and the budget Is balanced for this coming fiscal year and instead of a $6 million deficit for 2009/10, there is a deficit of approximately $2 million. In budget Scenario #2, which covers a 12% loss in valuations, there will be a $2.5 million defidt. Ms. Harris will be In touch wIth the Property Appraiser to closely monitor this situation and will return to the board with revised numbers as information becomes available. Ms. Harris referred to a historical chart beginning with fiscal year 2005/06 through the upcoming fiscal year to show the cost of different projects related to Oty projects and services. In 2005/06, when the Boynton Beach Boulevard Extension and Promenade were built, there were police services, events and lobbying costs that amounted to $10 million. The llF funds for that year were slightly above $6 million excluding any of the Bond #1 proceeds. This amounted to 20% of TIF. In the next fiscal year, that figure Increased. In another chart, the $4 million in the proposed fiscal year Is 48% of the $8.4 million in TIF. Ms. Bright reported the responsibility from the staff level was to program the recommendations the board made during the workshop and bring back to the board a balanced budget at the September 2' 2008 meeting. Chair Taylor expressed the core mission of the CRA was redevelopment and elimination of blight in the community. The #1 project on the table Is the Heart of Boynton. Redevelopment In the downtown CRA produces the money for such redevelopment. Chair Taylor discussed hIs items of concern as follows: . SE 4th Street Utility Streetscape - Three years ago, the board made an agreement with the City to share in the cost of that project because the Arches development was anticipated along with other development. Those were good reasons to participate. However, Chair Taylor now believes this is not a eRA project; rather, a City utility project. The design has been changed and much of the landscapIng has been removed. The eRA should not be involved since the development did not take place and probably will not take place for two to three years. The CRA has $300,000 from the County that was set aside for that project. The money should be given to the City. When development takes place, the developers can provide the upgrades. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 If the board did not agree with that proposal, Chair Taylor suggested deferring the project to 2010 as long as the CRA pays its portion at that time. By that time, the CRA could probably do a bond issue that would allow additional dollars for this project. . Chair Taylor expressed concern about the $1.3 million to purchase the City's property in the Heart of Boynton. The City paid $60,000 for the property and he is opposed to paying so much more money for that property. If the CRA does not buy the property, the City could negotiate with the developer. This would eliminate the burden of the $1.3 million expense on the CRA, The CRA does not need that property until approximately October 2010. At that time, the CRA would be in a better financial position regarding llF or bonding would be a possibility. Further, a bond would be necessary to secure the $22 million needed for the Heart of Boynton. Vice Chair Rodriguez felt the board did not do a thorough review during the budget workshop since a great deal of time was spent "squeezing" $1.6 million from projects while little time was spent on operating costs. Vice Chair Rodriguez believes more time should be spent reviewing the operating costs in an effort to find dollars. The budget indicates $3.8 million in operating costs. He questioned why it Is costing $3.8 million to manage the CRA. The board did not spend any time looking at those items. Chair Taylor reported that he spent a great deal of time studying the budget and noted that a lot of money was cut from training and transportation. One employee position was eliminated. Chair Taylor feels the staff Is very qualified and they do a great deal In-house where other CRAs take those projects outside to private industry. Vice Chair Rodriguez agreed the staff is great; however, he felt a responsibility to look at every expense. Vice Chair Rodriguez pointed out that the budget in his possession did not include the details of the line items for the operating expenses. Chair Taylor referred to backup received previously that showed the decreases in operating expenses. Vice Chair Rodriguez pointed out there was an overall 11 % decrease which was $125,000 as compared to the $1.6 million decrease In projects. In addition, there is a contingency of $314,000. He questioned the need for that contingency funding. Ms. Bright explained there has been a contingency of $200,000 to $400/000. Staff deprograms over $200,000 in professional services. When Vice Chair Rodriguez visited the CRA Office, he was ill and he did not review the details of the budget. A question was brought up at the workshop related to the Dekay CRA versus the Boynton Beach CRA. Ms. Bright explained that the Delray Beach llF Is $13.2 million this year. They have a staff of nine and their salaries are exactly the same as those at the Boynton Beach CRA. Ms. Bright offered to review the details of how the reductions were achieved. CRAs are not bound to have reserves. Every dollar can be programmed. The $314,000 can be reprogrammed back into something that was eliminated or into a new program. Ms. Bright pointed out that she reviewed the detail with three of the five board members. Vice Chair Rodriguez referred back to previous comments regarding squeezing dollars out of projects while $314,000 was not programmed. He reiterated that he would like to review the 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 details of the operating budget. Commissioner Hay requested the opportunity to also go through the details. Ms. Harris explained that she did not have the details of the operating budget with her; however, she offered to provide those details. In response to a question from Vice Chair Rodriguez, Ms. Harris had the travel budget with her. Ms. Harris explained that the budget workshop this year was somewhat different from the past. Staff was looking for higher level decisions from the board members because of the large deficit. Staff needed guidance since millions of dollars were Involved. While there are millions of dollars In the operating budget, that budget also includes some marina expenses. In the $3.8 million of operating expenses, there Is $1 million for department overhead that includes salaries and benefits. The remainder of the Items Included Insurance Items ($115,000), professional services (reduced by more than $460,000) which included audit fees, bond compliance fees, and arbitrage rebate fees. A marina audit will have to be performed this year for the first time. Additionally, an audit of the trust fund is also required by the Auditor General. Economic development and small business development fees are also Included. In response to Vice Chair Rodriguez, Ms. Bright explained that as an outcome of the American Assembly, there was discussion about an economic development person. Although the City has not made a decision about this position, the job has always been programmed In the eRA budget. When further questioned by Vice Chair Rodriguez, Ms. Bright explained the position Is in the CRA HR plan. An economic development plan was developed for the CRA to address small business development issues. A person was hIred to create that plan. This plan Is not finalized from staff at this time, but it will be brought before the board. When Vice Chair Rodriguez inquired about the cost associated with that project, Ms. Bright recalled the figure to be approximately $40,000 of which $30,000 would be carried over to next year to complete that project. Mr. Hay requested that Ms. Harris break down the details so that he is aware of each of the costs in each /lne Item. Ms. Harris added that there are marketing fees contained under professional selVices. The CRA pays a fee to the City through an Interlocal agreement for information technology services ($20,000). Contingency Is budgeted for unforeseen expenses. This year, the development line Item was overspent because $1.3 million was not available for the purchase of the licenses. The development line had been programmed for $1 million for land acquisition and property was purchased for $200,000 along with the licenses for $1.3. Contingency covers those types of unanticipated expenses. Chair Taylor agreed eRA staff should provide the line item detail information to the individuals who wished to have It and he was willing to discuss It at the next meeting. Mr. Hay requested an opportunity to meet one-on.one with CRA staff. Vice Chair Rodriguez requested the Information be provided to him for his review and then he would meet one-on-one with CRA staff. During the next meeting, concerns would be discussed. Mark Karageorge expressed his opinion that economic development cures blight. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12,2008 Mack McCray, 806 NW 4th Street, asked how much money was owed in bonds because that is a burden on the City. He thanked the board members who met with the CRA individually for doing their jobs. Chair Taylor corrected Mr. McCray's statement about bonding since it Is not a liability on the City. Rather, it is a liability on the CRA since they have to come up with the debt service. Vice Chair Rodriguez wished to correct the record to reflect the fact that he briefly met with Ms. Bright and Ms. Brooks. Unfortunately, he assumed the details would be in the book that was provided and they were not included. He recommended that the details be included in the books next year. With regard to the NE 4th Street Streetscape, Mr. Weiland felt that project could have been done in 2002. The plans were ready, but he was told at that time nothing was going through because of the anticipated Arches development and there was no desire to tear up the street twice. At this time, Mr. Weiland does support the CRA spending money on that project. Mr. Weiland recalled individual appraisals were going to be sought to make sure the City's appraisals matched the CRA's appraisals. The CPA agreed to pay the appraised value; however, had he known the City paid $60,000 for those properties; he would not have made that agreement. The City and CRA should work together to transfer the property to the CRA at a much lower price. If the City does not want to do that, the City can deal with the developer and the money could be deferred. When the discussion of bonding arose, Attorney Cheraf advised that a bond would require a vote of the CRA. It does not go before the citizens for a vote. Vice Chair Rodriguez confirmed with Ms. Bright that the City assumes liability if the CRA defaults. Attorney Cherof reported that at this time, no one is going out to bond until the Strand case is decided. When the Supreme Court rules, there will be a better understanding of what can or cannot be bonded. Further, Chair Taylor poInted out that the CRA would not go out for a bond if it were not able to pay the debt service. Ms. Bright reminded the members that the financial advisors suggested the CRA might be in a position to consider what the City had done with its February 2008 Utility Tax Bond. The lobbyists indicated that Strand Is taking so long because two Supreme Court justices are retiring by September 30th and they have committed to the Governor that they will make a ruling on the Strand case and what opportunities will be available for special taxing districts. Chair Taylor confirmed with Ms. Bright that the CRA still has substantial bonding capacity at this time. Mr. Hay agreed to delay NE 4th Street Streetscape project. He wanted to ensure that the $1.3 million for MLK did not get lost In the shuffle, but believed the CRA would be in a better position in 2010 to move forward with the Auburn proposal. Ms. Bright said Mr. Bressner made it clear that the City has the money but the board would need to make sure the $300,000 grant goes to the City. With regard to MLK, Mr. Hinners confirmed that November 2010 would work for everyone. The money could be 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 programmed to a simultaneous closing with the City, but that would be determined later In the meeting. Ms. Harris explained that If the $300,000 grant Is received In November or December and It Is given immediately to the City, that dollar figure would be reduced from the $1.1 million and that difference is what would be delayed. Vice Chair Rodriguez recalled Mr. Bressner saying that If the CRA did not share In this, the City would still have to do this project and that would present challenges for the City Commission from a budgetary standpoint at this particular item. The City Is counting on that money. Ms. Bright said she confirmed with Mr. Bressner that he could float the CRA for the three years through the Utility Tax Bond until the CRA saw the first increase In the TIF if the CRA board wanted to keep the project with the current drawings (the way It is currently redesigned). Chair Taylor agreed with Ms. Bright's statement. Chair Taylor reiterated for the edification of the members that the CRA would give the $300,000 to the City as soon as It was received. That would leave $823,394 that would be delayed until October of 2010. When Vice Chair Rodriguez questioned what would be done with the $823,394 in the budget, Chair Taylor said it might depend on what was done with the $1.3 million. The $823,394 might help offset that figure. Vice Chair Rodriguez questioned whether the board would have to go back through the budget t.o reallocate funds. Ms. Bright advised the marina Is programmed for next year. It is a 24-month project with a total cost of $5.9 million. The first $2 million is up front from the County which Is being paid this year. The second phase would be $1.9 million. Depending on what Auburn tells the board during its presentation, the board may be able to encumber some money for them. Ms. Bright has been working with their staff and there are some possible opportunity purchases within the Phase I MLK corridor. The 4th and 5th Street projects and Ocean Breeze are other options. There are opportunities to reprogram the money Into TIF~generatlng redevelopment projects. Mr. Weiland said if the two projects discussed earlier are deferred, he would like the money funneled Into the Heart of Boynton. It could be split between Ocean Breeze and MLK so that those two projects continue to move forward. Vice Chair Rodriguez Inquired if there is money pending for the MLK or Ocean Breeze projects. Ms. Bright said the MLK project had the expectation and needed payment of $1.9 million. If money is not encumbered to honor the commitment, there is no possible way to honor the financial commitment when the money is needed. The money was In the budget for 2009/10. It was due October of 2009. The TIF refunds do not come in until December of 2009; therefore, it was necessary to take money out of this budget for that obligation. The CRA has not signed a Master Development Agreement, but that Issue would be considered by the board later In the meeting. Cito Bergulrstaln, Auburn Development, said If It were necessary to push the project off because of budget constraints, Auburn would be willing to deal with that budget reality. However, it certainly was not the best thing for the project and not in the best interest of 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 getting this project done quickly. It would be better to remain on the originally proposed schedule. Ms. Ross was willing to delay the NE 4th Street Utility Streetscape project until 2010 and the $300,000 would go immediately to the City when the grant was received. Consensus There was consensus of the board to delay the NE 4th Street Utility Streetscape until 2010 and the $300,000 would go immediately to the City when the grant was received. With regard to the purchase of land for $1.3 million, Mr. Weiland would like the City to deal with the developer. Chair Taylor explained that if the CRA bought the land from the City for $1.3 million, they would give it to the developer. The City has contingency funds to fall back on and the CRA does not. The City Manager has worked hard not to use contingency. Originally, $4.5 million was needed to balance the City budget. The City Manager reworked the numbers and brought back a budget that reduced that $4.5 million to $3.75 million from contingency. Chair Taylor reiterated for Ms. Ross that the CRA had agreed to buy the land the City owns in the HOB area (approximately six lots) which the City purchased for $60,000. There was discussion about a three-party agreement among the City, the CRA and the Auburn Group; however, it was decided to make it a two-party agreement. Appraisals valued the land at $1.3 million once developed and the City has asked for $1.3 million for the land. The CRA does not have that money. The CRA has to come up with $1.9 in 2009/10 and the $1.3 would be part of it. Ms. Bright explained that CRA staff had supported the board initiative initially and she let Chair Taylor know at one of their one-on-one meetings that she was no longer willing to continue that support. The reason she expected to have the money was the $586,000 between last year and next year that would go to the City versus the CRAs. She then changed her recommendation of supporting the acquisition of this property. The CRA would not only be paying this money, but also lost the $586,000 because the board was not willing to retro the money for the CRA to secure it from the City. The City received that additional $586,000 from the CRA, not specifically for this acquisition, but money that was due the CRA. (End of transcription by Janet Prainlto at 7:54 p.m.) A-2. Review of the Draft MLK corridor Development Agreement for Policy Direction (7:55 p.m. begin transcription by C. Cherry) Cito Berguirstain, Auburn Development, thanked the board for reviewing some of the discussion in support of funding the MLK redevelopment. MLK would be a legacy project which would be Impressive In Phase I and more so at the last phase. At the budget workshop it was discussed whether Auburn Development could walt until 2010 for development to occur, and there were concerns about timing. The timing for creating a tax credit development was excellent partly because when developers get involved when the market was down, they 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 receive a better deal. Part of the reason Auburn wanted to start In 2009 was because they signed purchase agreements for 12 lots and they would have 30 contracts within the next few weeks. Mr. Berguirstain provided the purchase contracts to Ms. Bright. Mr. Berguirstain reported they had the ability to put the first phase of the site under control which previously was a concern. He advised Auburn was seeing a tremendous amount of support for the project which made It easier to get property under contract. There were rumors about changing the density In the tlrst three phases of the project and he clarified they were not changing the density. In 2007, Auburn became the selected developer after negotiations with Intown failed. They submitted a second Development Agreement which was currently being reviewed by counsel and they were waiting for a red~line draft to be returned. He hoped to receive It soon and advised counsel had already engaged In discussion about]t. As to the timing to apply for funding from the State of Florida, Auburn needed site control which could be In the form of a purchase agreement or Master Development Agreement for the City and CRA properties. The site control was what drove the timing of applying for the funds. While construction may not start until 2010, Auburn would need to purchase and close on those properties and begin the demolition process so when the tax credit underwriting was complete, they could start the process. Mr. Berguirstaln reported Phase II appeared to pay for Itself In terms of generating enough general revenue. He clarified when they spoke of bonding, it was for the final phase of the development. Currently, they were ready to move forward and needed only zoning. The current zoning and land use in the area was not consistent with the fourwstory senior development planned for the area and when they apply for the tax credits from Florida, the zoning must be in place. Part of the reason they moved forward to put the properties under contract was because City staff had Indicted they needed 51% site control of Phase I for them to begin rezoning. Now there was an Indication they wanted the Master Development Agreement completed before Initiating any changes. If they did not have the land use In place by March of next year, they may miss the opportunity to apply for the Tax Credit Funding since it Is being a once~a-year application cycle. He stressed the zoning was important/ but the path was in place by the CRA setting aside $1.9M in funding. Auburn Development had participated In a conference call with the City and they requested the CRA begin the process of having town meetings, which already occurred. They discussed modifying the HOB plan so when they changed the land use and zoning, it would be consistent with the plan. It was Intended those actions occur concurrently. Mr. Bergulrstain explained he thought the City was looking for direction regarding the zoning. There were reservations on the part of City staff to change the zoning without a Development Agreement and without changing the HOB plan. He believed they were looking for cooperation from the eRA regarding modifying the plan to match the development plan that would be presented. Mr. Weiland noted if the City and CRA directed staff to move forward with the zonln9/ it would alleviate Issues. The time frame for all four phases was discussed. Mr. Bergulrstain explained there was a concern about having the Development Agreement in place for 20 years. He noted 20 years 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 was the maximum duration allowed under Florida Law. They had timetables and all the financing had to be in place for Phase I by January 1, 2011, which was about two years from when Auburn anticipated the Development Agreement would be done. In the event Auburn did not receive funding from the State, the eRA would have the option to require Auburn to give the land and money back to them with interest. Auburn needed the Master Development Agreement which included having the rights to the land being transferred when they closed. When they closed on the rest of the property, the eRA would also convey its land into the joint venture which was anticipated to occur in November of 2009. The land did not need to be transferred to them until that time, but they needed site control. The Master Development Agreement would contain provisions for transfer and site control of the property as required by the State. The physical site control was needed no later than March of 2009. The $1.9M was needed by November of 2009 as was the Agreement. One reason for having funds available was to accommodate opportunities to acquire property before November 2009 due to unique circumstances such as foreclosures. It would help expedite the project. The Development Agreement was discussed. Ideally it would be better to have the agreement include all phases of the development. It was pointed out they would build Phase I or II and the balance of the property would rise in value thereby making it more difficult for Auburn to execute the final phase. Mr. Berguirstain thought that it would be fiscally prudent to have the Agreement include all the phases so they could enter into a contract before any increases in values would occur. He explained he did not anticipate the plan would take 20 years to develop and the Development Agreement only contained the maximum amount of time under the law and could be changed. He thought if they received direction regarding funds that have been made available so they could fund the development of MLK, it would help. Staff had already viewed the initial draft and modifications would be forthcoming. He hoped to have the Agreement finished within 30 to 60 days. Auburn explained they may start Phase III prior to Phase I because they needed a grocery store large enough to facilitate the winning of tax credits. It would be Phase III on Seacrest and part of the retail component of the plan. In Phase II they would like to construct housing across from Phase I simultaneously. The issue was the timing of the funding with the eRA and their ability to provide down payment assistance. The City owned much of the land and because it could be conveyed, it was potentially possible to construct part of Phase II with Phase I so both sides of a portion of the street would be done at the same time. It was noted the zoning for Phase II was not an issue. In terms of the 51% of site control, that requirement was for the first phase where the senior development would be located. Mr. Berguirstain explained the project would be no greater than four stories on any part of the development. Some parts of MLK may be two stories. Many designs were still not final but they would not go above the four stories except along Federal Highway. There was reference made to an ernail about density that caused some concern. Quintus Greene, Development Director, explained he wrote the emaillast week that explained Development staff had a concern because staff was asked to initiate a land use and zoning change In the area that would be inappropriate without the developer having land control or a 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 Development Agreement. There was already an adopted HOB plan. He explained If staff was directed by the elty Commission and/or CRA to do so, they would proceed. Staff should not initiate the changes with elements missing. Mr. Greene explained there needed to be both a land use and zoning change. In Phase I, the land use change would require a small scale amendment, but with the zoning, It would need a minimum of four months. The zoning categories the eity had In Phase I would likely be a Mixed-Use land classification and Mixed-Use Low II zoning category which would accommodate 30-40 dwelling units per acre (du/ac). When he reviewed the draft Development-Agreement, it was not clear how Auburn Development wanted to see the zoning proceed, i.e. should it proceed phase by phase or for the entire project. Mr. Berguirstaln confirmed they were looking for the changes for Phase I initially. Mr. Greene explained the further phases could be problematic because they were looking at 304 units on five acres which equated to 60 du/ac. The only category the City had which could accommodate that many units was Mixed-Use High and the only location that designation was allowed was in the core of the eentral Business District. There was dialogue with the City the land use and zoning changes would be required throughout the project. The Mixed-Use zoning categories and the current zoning on the site was a mix of Commercial and R-2. The R-2 designation had a maximum density of 9.8 du/ac and it was not consistent with what Auburn was proposing. Mr. Bergulrstaln explained they could start with Phase I; however, there was concern they needed to have the path established. Staff expressed the need for the plan to reflect what was being done which was slightly different from what was adopted. Mr. Greene did not have an answer regarding how to Increase the density. He expressed City staff could work with Auburn on Phase I, but later Phase IV would be more difficult. Attorney Cherof advised the eRA could give preliminary direction to staff, which the City CommissIon would also have to do to address the zoning specifically and finally in conjunction with the approval of the Development Agreement, which was approximately 60 days away. Both Mr. Greene and Mr. Berguirstaln acknowledged that time would put them very close to Auburn Development's application deadline. Mr. Berguirstain requested staff start the paperwork, but not necessarily Institute the change. He also offered Auburn's land use counsel to the assist the City. If Phase IV presents zoning issues that were known earlier, it would be a challenge; however, Mr. Bergulrstaln expressed if the CIty and CRA wanted to have the land use there, they would find a mechanism to put the development in place. There was a question about the $1.9M being needed by November 2009 and if funds could be encumbered for that length of time to which Ms. Bright responded they could. Ms. Ross also asked whether they would have a wellness center. Mr. Bergulrstaln explained they would Incorporate non~profit commercial retail space Into the Agreement and the CRA would put whatever they wanted into It. Additionally, there would not be a police officer hired to patrol the project. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 Chair Taylor asked whether there was consensus to move forward with the zoning prior to the Master Plan or if the members wanted to walt. There was agreement to begin working on the zoning. A. Selection of Respondent to RFQ for Economic Analysis Services The staff recommendation was to put this item off. Ms. Bright expressed they would not want to conduct an analysis for a City Hall site and the Town Square Plan at this time. By the time they were ready to move forward, the data would be antiquated. B. Approval to Allow Staff to Negotiate a Professional Services Agreement for the Provision of Economic Analysis Services not to exceed $50K This item was not addressed due to the prior Item being put on hold. Ms. Brooks noted she and Scott Cline, a consultant, ranked the proposals based on the criteria in the RFQ. e. Consideration of Amending CRA Boundaries at Split Streets. Ms. Brooks explained the item arose from a board member's comments at a prior meeting about streets having the boundary running down the middle of the street. These streets were parts of Seacrest, Ocean Avenue, parts of SE 2nd Street and NE 4111 Street. Mr. LaTour raised the issue and noted an individual who lived on the east side of NE 4th could apply for a rehabilitation grant but not homeowners on the west side. Staff conducted a financial analysis for the City and eRA If the boundaries were pushed mid block. If the board decided to institute a change this year, it would not take effect until next year, which would be the base year. If that occurred, the eity would collect $123,337 annually and the CRA would not get TIF revenues on the property until fiscal years 2011/2012 in the amount of $3,356. The financial impact on TIF and general revenue was minimal. Ms. Brooks reviewed a map showing the impacted properties. The issue that could be reasonably raised was now there would be a boundary running between homes as opposed to the street. Last year there was an Inquiry about adding 4th Street into the eRA and the answer was no. Ms. Brooks pointed out by adding the majority of the properties, the eRA would be adding properties looking for funding from the eRA. The potential impact for individuals asking for funds would potentially exceed the $300K they had set aside. She noted the eity has a rehabilitation program that was better than theirs and whoever applied to the CRA and was income qualified could also approach the eity. The consensus was to not move forward with changing the boundary lines, with one comment noted that it was better to have the boundary in the backyard because properties faced one another. Additionally, individuals in the eRA area could layer funding and apply and receive City funds for rehabilitation projects as well. Motion Mr. Weiland moved to accept staff's recommendation to deny. Mr. Hay seconded the motion that unanimously passed. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 D. Presentation on Ocean Breeze Funding Options - American Realty Ms. Brooks explained the Community Housing Workforce Innovation Pilot Program (CWHIP) on the State level has been discontinued and the CRA has been working with American Realty to move their project forward. Frank Chlrkinian, American Realty, had previous"ly provided an update and announced American Realty did not receive the CWHIP funds for the west side project. They were determining whether they could move forward with the project, and had committed to developing the west side. In an effort to find a new way to accomplish their goal,they were In contact with The Related Group (TRG) who was doing work on Seacrest. They were building eight new homes behind Seacrest. Of those eight homes, TRG received 50 phone calls for them. In addition to American Realty not receiving the CWHIP funds and the market changing, they determined the town homes would not be realistic on the west side. There was already a saturation of town homes In the market and there was a desire for single-family homes. He gave a presentation and explained there was nothing unusual about the homes which were consistent with Delray Beach's eommunity land Trust area. The homes would be situated on 40 foot lots and there would be 32 units as opposed to 56 town homes. The two models of homes ranged from 1,300 square feet to 1,400 square feet and both had one-car garages. With the garage space included, the total square footage under roof would be up to 1,525 and 1,625. The price for the lesser model was $194K and $20SK for the larger model. American Realty conducted an affordabllity analysis based on an individual earning about $39K. The analysis showed they would need $107K In down payment subsidies. If the income increased, the subSidy would be less. The subsidy would require County and State exceed Initiative Plan (SHIP) funds in addition to Housing Assistance Plan (HAP) and a CRA match. The builder would only charge the construction price and would mitigate their developer's fee. American Realty explained they had to retool the land deal and In their proforma they committed to spending $20K per land unit on the west side for the 32 units. As each property was sold, the monies would be returned as HAP. Ms. Brooks explained some buyers would not need the HAP at all. Ms. Ross, Chair Taylor and Mr. Weiland disclosed they met with the developer. Ms. Brooks advised there was no money involved In the transaction, basically It was the land. An appraisal made about six months ago for both land parcels and the value of both properties was for $7.2M together. The builder needed half that amount. The time frame for construction on the west side was anticipated to occur in the first quarter of next year. A site plan had been prepared already and the front yard setbacks would not be as depicted on Mr. ehlrklnlan's presentation, but would be more similar to a PUD. They would buffer the homes along Seacrest and the homes faced one another In order to give more of a community feeling as opposed to a linear design. Vice Chair Rodriguez left the dais at 8:52 p.m. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12,2008 The discount TRG was giving the project was they would charge $90 per square foot as opposed to $95 per square foot. The program was conceptual. SHIP funds were critical and they would approach the County for a set aside. Most of the SHIP funds would be for low- income applicants. Ms. Brooks thought obtaining a set aside would be a challenge for the moderate-income applicants; however, they would know within the next few months whether the set aside for SHIP on the eity and County level was doable. Vice Chair Rodriguez returned to the dais at 8:57 p.m. Discussion about how the project would compare with the Auburn Development took place. Mr. ehirkinian explained it was consistent with the plan and the Floribbean design project. A concern was raised about so many subsidies being required; however, Ms. Brooks explained it was typical with affordable housing. In the Preserve, the subsidy amount was about $100K. She explained using a bell curve, the curve where the Income would fall would be about $3SK and there was still a gap of about $ lOOK. Another concern was how an applicant would maintain the home. Ms. Brooks explained, as a proponent of affordable housing, she was In favor of installing a 50- year roof on the home as opposed to a 10-year roof, and to ensure they have a garage to store equipment needed to maintain the home. The market in the HOB area was not anticipated to be pulling individuals making $75K or more because there was not enough activity in the community to support that income range. The next round of housing could include higher income individuals. American Realty had used 60% Average Median Income (AMI) for their ~omes and as that percentage Increased, the percentage of subsidy reduces. It was noted $66K was considered the average income. There was consensus to move ahead with the project by giving American Realty the land. Staff also supported the request which was to develop the property on the west side. Ms. Brooks noted the contract would have to be redone and the item would come back to the board. Additionally, they would need to figure out details about how to develop the project on land they did not own. E. Dumpster Art Program Status and Request for seven additional dumpsters. Chair Taylor explained 10 dumpsters were painted so far and there was a balance in the project fund of $4,312.66. The options were to paint seven more dumpsters or discontinue the program. There was discussion the program did not address the mission of the CRA to eliminate blight and with the cuts, the funds should be used for something else. eonversely, it was argued it did help with blight and the program should be completed. It was suggested using local high school students to paint in the future. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 Motion Vice ehalr Rodriguez moved to approve the additional garbage dumpster painting program. Ms. Ross seconded the motion that passed 3-2. (Chair Taylor and Mr. Weiland dissenting.) XII. New Business A. Consideration of request by the Cornerstone Group to amend the Homebuyers Assistance Program (HAP) to 140% of AMI. Ms. Brooks explained this was a request from the eornerstone Group, who received eWHIP funds for the Preserve project. They requested the eRA amend the HAP program to move to 140% of median household Income where previously It was 120%. The housing study conducted revealed the eity's median Income was much less than the County's and staff did not feel It would address the population to be served if It was increased to 140% when the Commission had voted to keep it at 120%. eornerstone was requesting going to 140% AMI in the case where there were eWHIP funds used. Ms. Brooks explained Cornerstone Indicated that CWHIP funds would be used to reduce the price of the units. The market was putting downward pressure on prices and Ms. Brooks was concerned the subSidy would not be secured. She explained if they reduced the price of the home to support the security on the subsidy, It was acceptable to staff, but only for projects with CWHIP funds. Mike Weiner, 209 S. Seacrest, explained the applicant, Ms. Mades, could not attend the meeting. He read the justification for her request which was that the qualification for CWHIP funds lowers the price of the unit, that the qualification for CWHIP made them reduce the price of the unit and that gives buyers who qualified for the subsidy, the ability to receive the subsidy. In that way it reduced the price. This would only coordinate the CIty's program with the SHIP program which was at 140% and it could subsidize families earning up to $79K. The change did not mean the eRA would be requested to contribute more money. It was just a City-wide change to the ordinance that assisted all developers of affordable housing and Mr. Weiner suggested If the board did not think It was a good idea, to allow Ms. Mades to speak. Chair Taylor explained there was only enough money to help about six more people. If they made the change, more people would apply and they would not be able to be helped. Ms. Brooks explained the CRA had a Direct Incentive Funding Agreement (DIFA) with Cornerstone and about 30 Housing Assistance Plan subsidies were given to buyers there, There had been quite a bit of money put into the project. In this instance, If the eRA had not done anything else for the project, she could agree to the request. Motion Mr. Hay moved to not go to the 140% on the HAP program. Mr. Weiland seconded the motion that unanimously passed. 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 XIII. Future Agenda Items Chair Taylor explained Ms. Ross wanted to continue to fund the Green Market and the board eliminated the $50K for the economic analysis. Vice ehair Rodriguez explained he thought the members should go through the budget again with the changes they made. He indicated he was supposed to receive information from Ms. Harris regarding additional budget details and did not. Ms. Bright explained each board member should respond directly and privately with Ms. Harris and she would meet one-on-one with them. The operations budget was the subject budget to review. Discussion ensued about having a future discussion on the budget on September 2, 2008 and having a balanced budget. Ms. Bright suggested having individual meetings would be the most efficient way to review the budget and announced the budget details would be delivered on Friday. Ms. Ross agreed to walt on the Green Market item until September 2, 2008. XIV. Comments by Staff None. XV. Comments by the Executive Director Ms. Bright wanted to publicaUy address the board on a matter which arose at the budget workshop. Several board members have had scheduling conflicts and there had not been any one-on-one meetings before the board meetings. She announced she and her staff were available and she would like to continue the meetings because they were Important. It made the meetings efficient and the board members aware of staff's logic. She expressed the board members were missing that piece and they keep revisiting items. The board needed to be aware how different the CRA program was and the fiduciary responsibility. She expressed she did not want to go to the International Downtown Association (IDA) Conference in Calgary, Canada. The board approved programs and budgets, and the travel was approved a year ago. She expressed she did not want to be criticized for approved travel. She explained she comes to the dais with Items she thinks was approved and then gets caught off guard for them. Another thing that upset her was the eity Manager's actions at the last workshop. He put an item before the board and said he balanced the CRA budget. She asserted the CRA budget workshop was her workshop. Mr. Bressner would not allow her to speak at his budget hearing, taking over or making recommendations and asking for money. Now the board was reconsidering the workshop decisions. The eity Manager had sent an email regarding the IDA conference and she inquired whether the members would want to keep the trip and travel arrangements the way it was or not. 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 There was no formal policy that eRA board members of City Commissioners cannot travel together. It was a suggestion made by the City Manager for security purposes. Discussion followed about traveling together. ehair Taylor explained he has flown with eity Commissioners all the time and there was no such policy where one or more Commissioners could not fly together. He explained to do so would create a problem with timing and expense. It was noted in business, staff members do not fly all together In the event something happened and the suggestion pertained to the majority of the Commission flying together. Vice Chair Rodriguez advised he would change his flight. Ms. Bright explained the price for a taxi was $35 for three members to travel with luggage. There was a request for value pricing a car service which would cost $69.50. She had previously authorized the same type of expense and was chastised. She asked how the board wanted her to proceed. Vice Chair Rodriguez suggested taking a van so all the members could go and they would save money as opposed to spending money. Mr. Berguirstain inquired about the MLK funds and the eRA giving direction to staff about splitting half the funds with the elty and the eRA for a project. He Inquired whether the entire amount of monies for 4th Street was now available. Ms. Brooks explained they did not encumber the entire amount, only approximately $800K. Ms. Brooks explained the funds would be paid in the future. The balance for the project would move over to 2011, the year the eity Manager indicated he would be willing to wait for payment. She explained they did not gain revenue, As to how this would affect Auburn Development, It was agreed they would walt until September 2, 2008 after the members had the opportunity to speak with Ms. Harris. XV. Comments by CRA Board Attorney None XVI. Comments by eRA Board Vice Chair Rodriguez explained the board had discussed the noise ordinance. Ms. Bright explained the ordinance would be heard on the City level and a debriefing would occur next month. He recalled the eRA would make a recommendation to the elty eommlsslon. Ms. Bright explained this needed to encompass the entire City. XVII. Adjournment There being no further business to discuss, the CRA adjourned at 9:34 p.m. (End Transcription by C C11eny at 9:34 p.m.) f..owu.A.Vl\i {I ~< Catherine Cherry Recording Secretary (All Transcn"ption from one recording - transcribed on B/l3/0S) 19 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BUDGET WORKSHOP HELD ON THURSDAY, AUGUST 7, 2008, AT 6:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director James Cherof, Board Attorney I. Call to Order - Chairman Jerry Taylor Chair Taylor called the meeting to order at 6:00 p.m. II. Pledge to the Flag and Invocation Mr. Hay gave the invocation and Ms. Ross led the Pledge of Allegiance to the Flag III. Roll Call The above members were noted as present. Susan Harris, Finance Director, explained the board had previously discussed the impact of tax reform on the budget for the next fiscal year. She explained the TIF funds they received for this fiscal year totaled $9.5M. In the new budget year it would be $8.3M, a reduction of $1.2M. Staff would be looking to the board where to adjust or cut program allocations. Ms. Harris prefaced her comments by saying they reviewed what they expect TIF revenues to be in the next four years. The projections showed T1F funds without new construction at: ./ $8.3M for Fiscal Year 08/09 ./ $7.8M for Fiscal Year 09/10 ./ $7.9M for Fiscal Year 10/11 ./ $8.3M for Fiscal Year 11/12 ./ $8.7M for Fiscal Year 12/13 The figures with new construction would be different. It was noted there was no new construction for fiscal years 08/09 and 09/10. and most construction would occur between 2010 and 2013. The revenue generated in 2010 and 2011 from new Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August 7, 2008 construction would be $3.2M, in 2011/12 it would be $3.3M and in 2012/2013 it would be $3.4M. The numbers were anticipated to change. but the current numbers represented their best estimate. The CRA assessed valuation figures were lower than the City's valuations. Part of the rationale for the budget deficit pertained to the impact of not having the southern properties in the CRA District amounting to $492K. Additionally, doubling the homestead exemption for some individuals reduced the revenue as did a correction on the assessed valuations for all residential and condominium units in Palm Beach County. The Property Appraiser did not reassess commercial or industrial properties, which impacted the revenues in addition to the market decline. The CRA only had two revenue sources which were the City, about 60% and the County which provided about 40%. The $8.3M TIF revenue had some allocations in terms of debt service and other items. There were contracts with the City for projects and services. There was an existing contract with Burkhardt for maintenance for hardscapes and landscapes on Boynton Beach Boulevard for $110K The eRA also pays the City about $40K for monthly maintenance and needed repairs. The CRA wanted to reduce that cost in the next year to $50K because they felt they could make the repairs on an as needed basis and for less than what they pay Burkhardt. The CRA Police Program had a $100K reduction. The City-wide events were allocated for $451 K, which was the total cost of the events and the personnel costs. It was explained in prior years, the costs were shared with the City; however, last year the City discontinued funding those events. The Federal lobbyist fee was a shared expense with the City. The CRA, in light, of the economic environment. felt the service was not needed. Additionally, they felt the State lobbyist service should also be discontinued. An Interlocal Agreement with the City for Human Resource services was used very little. The cost was approximately $6K and it was used only for recruitment which was included in the agreement. It was suggested the commensurate cost for the service be added to the Benefits Interlocal Agreement and the Human Resources Agreement discontinued. There was further discussion about the Boynton Beach Boulevard Extension maintenance contract. The net proceeds of Bond 1 were $18M. The CRA paid $9M for the construction of the extension and the Promenade plus the purchase of some property known as the Hall Property which needed to be made a whole parcel to allow the construction. The debt service on that was $637K per year. When the project was constructed, the title to the property was turned over to the City and the eRA only pays for the maintenance and repair. 2 Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August 7, 2008 The 4th Street roadway improvements and the MLK corridor had no expense in this fiscal year, but would have an expense next fiscal year. The CRA had been carrying $1.8M for the 4th Street project in their fund balance since the Interlocal Agreement was issued. which was prior to the current Executive Director. The $1.3M for the MLK properties the City was anticipating payment on, would be made in the next year also. These were contractual obligations. Mr. Weiland noted the properties on MLK were acquired from the County as tax lien properties at a cost of about $60K. It was noted those funds were already included in the City Budget. The CRA had anticipated $492K in revenues from the Federal Highway Corridor properties being included in the CRA district. The Budget Highlights were reviewed as follows: The TIF revenues were reduced $1.2M, (11%) for the Marina. The CRA was moving forward with the marina construction through a county grant for its renovation. Some tenants would be moved and rental income would be decreased as a result of the construction. ' Overall there was a 12% reduction in revenue in the upcoming budget ye~u. The CRA reduced its administrative expenses by $125K which included salaries, benefits and administrative expenses for all its departments. The reduction included a 4% COLA for staff only. These include membership fees and travel. Only travel for career benefit purposes would be covered. The account was reduced approximately $27K. Vice Chair Rodriguez pointed out the City eliminated 50 positions, Palm Beach County School Teachers will not receive any increases, nor will the Delray Beach CRA Staff. The total of the COLA was about $2pK. It was noted one position was terminated resulting in a reduction of about $40K. The City and other entities made sacrifices. It was noted the City allocated 2% for COLA and 1.5% for merit increases because of Union contracts. Ms. Bright explained they do not receive pensions and they based it on what HR advised them. There was discussion about the TIF revenues for 08/09. Ms. Harris explained two figures were represented because the eRA anticipated having to refund some TIF funds. Further discussion about the $20K for raises for eight employees was discussed. Ms. Harris explained it was 4% of whatever the current salary was and she distributed a listing of employee costs. Vice Chair Rodriguez noted the Delray Beach eRA budget was three times as large as this budget and their salary expenses, including the 3 Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August 7, 2008 Executive Director, was nearly $50K less. The members wanted to revisit the raise issue. The CRA reduced their General Operating Expenses in the General Fund by 17%. These items having reduced budgets were legal fees, marina revenue, lobbying costs and professional service consultant fees. Overall the CRA would have reduced expenses in the general fund by 15%. Personnel costs, as a percent of the total general fund, were nearly 7.4%. . Budget projections were reviewed. Total revenues and other funding sources are $14.2M for 08/09. Adjustments needed to be made in current projects and programs due to a loss of $1.6M. Ms. Harris explained if they were going to work on the projects, they needed to transfer the funds out of Other Funding Sources. She explained they also have obligations they have to meet. She reduced fixed operating expenses in the general fund by 2.5% and in the outgoing years, it was increased by 5%. She removed the operating expense for the marina. This left a balance of nearly $3.4M. Ms. Harris suggested the projects and programs be reviewed for adjustments. The members believed the 4th Street improvements would experience a lot of development, which did not happen. The CRA's expenditures were for landscape and beautification, which the plan currently did not cover rather, most of the work would be for utility improvements. Chair Taylor thought the project could be deferred. Additionally, he explained they agreed to pay for some design work. Mr. Weiland explained he received complaints from residents. The design and engineering plans were ready, but the City would not move forward with the project because of the 500 Ocean Project. Back in 2002 and 2003, it was a City project and he wondered why the CRA was paying for it. Kurt Bressner, City Manager, explained the project was ready to go out to bid and in 2006, the former CRA board entered into an agreement with the City for $1.8M. Ms. Brooks explained the CRA met with Paul Fleming for clarification of documents they received. Mr. Fleming indicated the cost of the project would be $4.7M with overages up to $5.2M. The CRA explained the costs would change. Mr. Bressner explained the cost the CRA was obligated to pay under the contract was $1.8M. In October of 2006, the CRA authorized a reduction in the scope of the contract to reduce streetlights, which would decrease the amount by $500K. The CRA approved that change, and now the contract price was $1.2M. The amount the eRA has to pay is still $1.8M. Mr. Bressner expressed the project should go forward because there are stormwater, utility and drainage improvements needed. The project was moving through the design phase and the final engineering was completed in February of 2008. Mr. Bressner did not mind making a recommendation to the City Commission that the CRA share of this project be reduced to $1.1 M based on the elimination of costs that were eliminated. The actual cost was $1,123,000. He suggested, because TIF revenues were lagging, to 4 Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August 7, 2008 defer the CRA's expense to the City until their Fiscal Year 2011, which frees up $1.8M from the budget, and covered the $1.6M deficit. He emphasized the project must move forward because the water and sewer improvements must be made. Ms. Bright also explained the CRA's share of the cost was offset by a subsidy from Commissioner McCarty in the amount of $300K earmarked for the project. Mr. Bressner explained he had not spoke with Mr. Fleming and would like to further review the matter and the grant. Ms. Bright explained the funds from Commissioner McCarty were from Gas Tax monies and was closed out. Originally the project scope presented to the board was from 4th Street from Ocean to 12th Street. The project currently extended to Boynton Isles. Mr. Bressner explained the Interlocal Agreement in 2006 allocated $250K to roadway and service improvements. The rest of the CRA's share was for stormwater and irrigation $500K, water mains $5K, power poles $200K and the street lighting $536K. the street lighting component of the agreement was removed. The agreement had a fairly minimal amount that was approved by the CRA and City Commission for landscaping. It is a project the CRA had authorized the $1.8M of work, and much of the work was necessary infrastructure work to support the development and redevelopment of the property. It was not just about landscaping and streetscaping. It was about providing the infrastructure to support the redevelopment in the core area of the Central Business District. Mr. Bressner recommended, although no development was presently occurring, they put in the needed infrastructure and it was unwise to undersize the utilities for the area. The areas added for reuse was added to the City's tab and the CRA's responsibility remained the same as specified in the contract. The members discussed Boynton Isles was added to the project under the City's CIP budget and the City's water reuse program also occurring along Federal Highway. The CRA budget projections showed a shortfall in 2011. It would not be known if deferring the cost to 2011 was beneficial until they conducted an analysis of the MLK Boulevard and whether they went forward with a Master Developers Agreement with Auburn Group. Phase I would be completed approximately 2011 and 2012 and the upfront funds in the second phase were $6M. Ms. Bright thought if the CRA were in a position to bond in 2011, they could budget the remainder and they would allocate the $BOOK balance and the City agreed to accept the $300K gas tax fund grant this year. The members discussed the eRA office. Currently the CRA rented the space and could get a mortgage in the future. That mortgage amount was removed. The Homeowners Assistance Program was reViewed. The members moved $200K from the budget. Special Events were reviewed. The events and associated budgets were: 5 Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August7,2008 ./ The Holiday Extravaganza which was $170K and included the holiday parade, the tree lighting and the concert. ./ The Boat Parade was about $5K. ./ The Fourth of July event was $75K including the fireworks and the barge. There was brief discussion if the CRA would receive a credit from the vendor. Ms. Bright explained the board direction was to have ~ better event next year. ./ Oceanfront Park Concerts - $15K (five concerts at $3K) which the eRA was trying to get underwritten because the location was outside of the CRA district. ./ The main concert in Heritage Fest was eliminated saving $5K ./ All the events at the Sims Center with the Exception of Family Day were eliminated. ./ The Hispanic Chamber of Commerce seed money for a new event, a Cuban Art Show was $15K and was eliminated. Mr. Weiland preferred to see as many events as possible be underwritten and the balance split with the City. He explained they were City-wide events and wanted to see the event costs split with the City. Vice Chair Rodriguez disagreed and preferred to see those funds used towards housing. He explained comments will be made that jobs were eliminated, but the City has a parade. Mr. Weiland felt they could not cut the entire event budget. The Community Caring Center had requested support in the amount of $200K which was not addressed. There was discussion about moving funds for 4th Street, but it was noted next year's budget would be worse. Ms. Bright explained if the board was committed to the MLK project, they would have a bigger deficit. Ms. Adelsperger noted events generate redevelopment. It draws residents to an area. Ms. Bright requested the 4th Street project be completed by the spring of 2009 and the City could cover the eRAs portion of the cost until 2011. If nothing was encumbered for next year, the CRA would not be able to meet their obligations to Auburn, unless Auburn would consider deferring the project for another year. Tom Hinners, Auburn Group, explained whether they commence construction or not was contingent on the progress of the rezoning. It could move the initial phase back one year. The financial markets would be better. The company was acquiring parcels now but would need assurances the funding they needed would be there. The land the City owned was not needed by Auburn until he received his funding from the State, and they would need an agreement. If the first phase was moved back a year, the CRA would be buying the land and holding it until they received their tax credits. It could be deferred because the developer would not need the land for 18 to 24 months. 6 Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August 7, 2008 Mr. Bressner explained when the issue was discussed, the $1.3M was based on an estimate of current market value. He was surprised when he reviewed the proposed CRA budget that they would get paid $65K. It was in contrast to the policy recommendation of the board in May. Staff keeps coming back to this point. The City based their budget on assurances given to the City, that the funds would be available. The Professional Services budget was discussed. The marina redesign was $2M for construction. The project was at the conceptual level, not construction drawings, which were much more money. Staff reduced the funds from $900K to $500K, because they did not anticipate any large projects. It was unknown if they would need to hire an architect or engineer. Vice Chair ROdriguez suggested further reductions down to $300K. Ms. Bright noted the Southern Trolley Route and police would have cuts. The Police are not in the downtown Master Plan until 2013. The agreement with the Police will be changed because they are not allowed to purchase vehicles or bike equipment and their budget included another vehicle. There were many items up for grabs. Vice Chair ROdriguez was interested in seeing the rationale behind the numbers. Discussion followed about deferring the 4th Street costs: however, Vice Mayor Rodrigeuz was not in favor of doing so and believed the economic. climate would continue to worsen next year. The trolley service was considered for further reductions. There were 383 riders per day in the northern route. Ms. Bright suggested eliminating $15K for events, the seed money for a Cuban Art Show and Professional Services would be reduced to $300K. Mr. Bressner explained until he saw the terms of the grant for 4th Street and whether it required the scope of the project be changed and additional costs incurred there would be no savings. He also indicated if it required the City to add components to the project that were not currently in the project, they should not apply those dollars. After discussion, it was decided the CRA would pay the $1,123,394 for the 4th Street project and $1.3M for land on MLK this year. The other areas with cost adjustments were finalized as follows: ~ Eliminate the 211 East Ocean expenses of $750K ~ Removed $200K from the Homebuyers Assistance Program ~ Eliminate the requested support items for $480K (purchase Community Caring Center Land on 4th Street, Community Caring Center Building purchase, the Museum of Lifestyle and Fashion History Purchase of Land and the Green Market. ~ Professional Services budget reduced by $200K 7 Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August 7, 2008 ~ Eliminate $15K from Special Events for the Cuban Art Show Ms. Bright explained the CRA is not legally required to have a second budget hearing, and the regular CRA has been moved to September 2, 2008 after the City Commission meeting. She would like to bring back the balanced budget at that time. Ms. Harris explained she would make the changes to the budget for the general fund and project fund. She would redistribute the revised budget to the members and call to ensure they had no issues. There was board consensus to allow the staff increases to remain. Mr. Bressner inquired about the disposition of the Old High School If it would remain in the City or the CRA. It was explained that item was contained in the general fund and the item would be addressed in October. There was a question on the travel line item costs; however, the number was not available. Ms. Harris would email the information to Vice Mayor Rodriguez. Ms. Harris explained this fiscal year she attended the financial software annual conference training session and the Florida Government Finance Officers Association and the Government Finance Officers Association because they were in Florida. She would only attend one conference going forward for professional purposes, as would the other departments. Ms. Bright also pointed out there were no discretionary funds for the board this upcoming year. Adlournment There being no further business to discuss, the meeting adjourned at 7:35 p.m. ,IJ.Wi.Q vV {J};tlUf Catherine Cherry ; Recording Secretary 080708 8 ~tII~<tY~Te~lt RA III East SideN West S"ldeNSeaside Renaissance eRA BOARD MEETING OF: September2,2008 x I Consent Agenda I Old Business I I New Business Public Hearing Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the eRA Board representing the revenues and expenses for the month ending August 31> 2008. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve August financials. ~~ Susan Harris Finance Director T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Compleled Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 09 02 CRA Board Meeting September\Flnanclal Report.doc 8-20-2008 03:20 PM 01 -GENERAL FOND FINANCIAL SUMMARY BOYNTON BEACH CRA REVENUE 5< EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE BUDGET REMAINING PAGE: 1 REVENUE SUMMARY BUDGET t; REMAINING T.I.F.INCOME MARINA RENT & GRANT INe MARKETING INCOME FESTIVALS & EVENT INCOME INVESTMENT INCOME CONTRIBUTIONS & DONATION MISCELLANEOUS OTHER FINANCING SOURCES TOTAL REVENUES EXPENDITURE SUMMARY LEGISLATIVE ADMINISTRATIVE AUDITOR FINANCE INSURANCES PROFESSIONAL SERVICES PLANNING BtnLDINGS 5< PROPERTY MARINA COMMtlNICATIONS & TECENOLO SOFTWARE & TECHNOLOGY CONTINGENCY POLICE TRANSPORTATION INCENTIVES & GRANTS MARKETING SPECIAL EVENTS SIGNAGE PROGRAM HEART OF BOYNTON DEVELOPMENT PROJECTS EMPLOYEE BEBEFITS DEBT SERVICE TRANSFER OUT TOTAL EXPENDITURES REVENUES OVER/ (UNDER) EXPENDITURES 9,500,000 1,453,200 o 10,000 300,000 o o o 11,263,200 9,500,000 1,453,200 o 10,000 300,000 o o 1.000,000 12,263,200 0.00 22,988.74 0.00 0.00 0.00 0.00 0.00 0.00 22,988.74 9,719,425.00 1,170,597.49 3,810.00 57,675.00 225,030.05 0.00 373.06 0.00 11,176,910.60 219,425.00) 282,602.51 3,810.00) 47,675.00) 74,969.95 0.00 373.06) 1,000,000.00 ~;========== =========~== ==_==_=c===== =~~~~~~o===== ============= 1,086,289.40 57,400 264,046 26,200 168,280 105,375 560,120 717, 395 506,090 1,410,000 60,740 40,000 274,000 573,853 521,000 425,000 292,905 451,715 85,000 o 1,453,114 204,979 3,065,988 o 11,263,200 57,400 264,046 26,200 168,280 105,375 785,120 762,395 506,090 1,410,000 60,740 40,000 224,000 573,853 921,000 475,000 348,905 451,715 10,000 o 1,802,114 204,979 3,065,988 o 12,263,200 o 0.00 5,826.00 0.00 5,716.89 0.00 40,310.01 8,316.35 4,868.66 60,666.98 1,133.41 3,000.00 0.00 0.00 61,676.00 0.00 4,113 .98 3,706.28 0.00 0.00 0.00 4,021.22 0.00 0.00 203,355.78 o 180,367.04) 27,775.64 201,012.00 12,200.00 123,765.46 94,920.79 408,488.56 169,239.61 256,124.36 1,098,006.40 30,749.59 26,714.53 0.00 305,236.36 742,615.64 23,148.56 273,444.97 463,364.13 4,396.71 0.00 158,632.82 140,006.24 3,065,988.00 3,275,373.40 10,901,203.77 275,706.83 29,624.36 63, 034 . 00 14,000.00 44,514.54 10,454.21 376,631.44 593.155.39 249,965.64 311,993.60 29,990.41 13,285.47 224,000.00 268,616.64 178,384.36 451,851.44 75,460.03 11,649.13) 5,603.29 0.00 1,643,481.18 64,972.76 0.00 3,275,373.40) 1,361,996.23 275,706.83) 2.31- 19.45 0.00 476.75- 24.99 0.00 0.00 100.00 8.86 51. 61 23.87 53.44 26.45 9.92 47.97 77.80 49.39 22.13 49.38 33.21 100.00 46.81 19.37 95.13 21.63 2.58- 56.03 0.00 91.20 31. 70 0.00 0.00 11.11 0.00 8-20-2008 03:20 PM 01 -GENERAL FUND REVENUES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE BUDGET REMAINING PAGE: 2 BUDGET \- REMAINING T. 1. F . INCOME 01-41000 T.I.F. COLLECTIONS TOTAL T.I.F.INCOME MARINA RENT & GRANT INC 01-42100 TROLLY -FEDERAL & MPO GRANTS 01-42110 MARINA - COUNTY GRANT 01-42112 MORTGAGE REIMB. - COUNTY GRAN 01-42115 MARINA RENTS 01-42116 MISCELLANEOUS RENTS FRO PROPE 01-42117 MARINA FUEL SALES 01-42118 MARINA MISC INCOME 01-42120 MANGROVE LAND PURCHASE TOTAL M]l.~IitiA RE!-IT &; GP....n..NT INe "'_':,}U{ETING INCOME 01-43100 TROLLY MARKETING INCOME TOTAL MARKETING INCOME FESTIVALS & EVENT INCOME 01-44100 FESTIVAL & EVENT INCOME 01-44101 SHARED FESTIVAL INCOME-PIRATE 01-44102 SHARED FESTIVAL INC- MEDIEVAL 01-44103 SHARED FESTIVAL INC - HERITAG 01-44104 SHARED FESTIVAL INC-HOLIDAY F TOTAL FESTIVALS & EVENT INCOME INVESTMENT INCOME 01-46100 INTEREST INCOME TOTAL INVESTMENT INCOME CONTRIBUTIONS & DONATION 01-47100 CONTRIBUTIONS & DONATIONS TOTAL CONTRIBUTIONS & DONATION MISCELLANEOUS 01-48100 MISCELLANEOUS INCOME 01-48200 REFUND FROM PRIOR YEAR EXP TOTAL MISCELLANEOUS 9,500,000 9,500,000 o o o 125,000 7,200 1,320,000 1,000 o 1,453,200 10,000 o o o o 10,000 300,000 300,000 9,500,000.0 9,500,000 0.0 0.0 0.0 125,000.0 7,200.0 1,320,000.0 1,000.0 0.0 1,453,200 o o 10,000.0 0.0 0.0 0.0 0.0 10,000 300,000.0 300,000 o o o o o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 22,918.34 70.40 0.00 22,988.74 0.0 o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0 o 0.00 0.00 0.0 0.0 o 0.00 0.00 0.00 9,719,425.00 9,719,425.00 0.00 0.00 0.00 104,286.73 6,010.00 1,058,564.24 1,736.52 0.00 1,170,597.49 3,810.00 3,810.00 57,675.00 0.00 0.00 0.00 0.00 57,675.00 225,030.05 225,030.05 0.00 0.00 373.06 0.00 373.06 219,425.00) 219,425.00) 0.00 0.00 0.00 20,713.27 1,190.00 261,435.76 736.52) 0.00 282,602.51 3,810.00) 3,810.00) 47,675.00) 0.00 0.00 0.00 0.00 47,675.00) 74,969.95 74,969.95 0.00 0.00 373.06) 0.00 373 .06) 2.31- 2.31- 0.00 0.00 0.00 16.57 16.53 19.81 73 .65- 0.00 19.45 0.00 0.00 476.75- 0'.00 0.00 0.00 0.00 476.75- 24.99 24.99 0.00 0.00 0.00 0.00 0.00 8-20-2008 03:20 PM 01 -GENERAL FUND REVENUES BOYNTON BEACH CRA REVENUE &. EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 PAGE: 3 ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET \- BUDGET BUDGET ACTIVITY BALANCE REMAINING REMAINING 0 1,000,000.0 0.00 0.00 1,000,000.00 100.00 0 1,000,000 0.00 0.00 1,000,000.00 100.00 11,263,200 12,263,200 22,988.74 11,176,910.60 1,086,289.40 8.86 ============ =======C::C1== c===c:=====e:== IIClIlII:========e::== =======l1li===== =====_m OTHER FINANCING SOURCES 01-49100 OTHER FINANCING SOURCES TOTAL OTHER FINANCING SOURCES TOTAL REVENUES 8-20-2008 03:20 PM BOYNTON BEACH CRA PAGE: 4 REVENUE &. EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 01 -GENERAL FUND LEGISLATIVE ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET \- DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE REMAINING REMAINING PURCHASED/CONTRACT SERV 01-51010-200 CONTRACTUAL EXPENSE 10,000 10,000 0.00 3,631.70 6,368.30 63.68 01-51010-203 MISCELLANEOUS 13,000 13,000 0.00 2,981.25 10,018.75 77.07 01-51010-216 ADVERTISING & PUBLIC NOTI 2,700 2,700 0.00 1,707.55 992 .45 36.76 01-51010-220 PROMO & BUSINESS TRAVEL 0 0 0,00 0.00 0.00 0.00 01-51010-225 ASSOC. MEETINGS & SEMINAR 27,500 27,500 0.00 17,307.42 10,192.58 37.06 01-51010-227 DELIVERY SERVICES 3,600 3,600 0.00 2,062.80 1,537.20 42.70 TOTAL PURCHASED/CONTRACT SERV 56,800 56,800 0.00 27,690.72 29,109.28 51. 25 SUPPLIES 01-51010-300 OFFICE EXPENSE 600 600 0.00 84.92 515.08 85.85 '!'OTAL SUPPLIES 600 600 0.00 84.92 515.08 85.85 TOTAL LEGISr..ATIVE 57,400 57,400 0.00 27,775.64 29,624.36 51. 61 8-20-2008 03:20 PM o 1 -GENERAL FUND ADMINISTRATIVE DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE &. EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR- TO- DATE BALANCE BUDGET REMAINING PAGE: 5 BUDGET % REMAINING PERSONNEL SERVICES 01-51230-100 PERSONNEL SERVICES 01-51230-115 CAR ALLOWANCE TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-51230-200 CONTRACTUAL EXPENSE 01-51230-203 MISCELLANEOUS 01-51230-220 PROMO &. BUSINESS TRAVEL 01-51230-225 ASSOC. MEETINGS & SEMINAR 01-51230-226 MEMBERSHIP DUES 01-51230-227 DELIVERY SERVICES 01-51230-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51230-300 OFFICE EXPENSE 01-51230-310 OFFICE SUPPLIES 01-51230-315 POSTAGE 01-51230-355 SUBSCRIPTIONS 01-51230-360 BOOKS & PUBLICATIONS 01-51230-365 OFFICE PRINTING COSTS TOTAL SUPPLIES CAPITAL EXPENDITURES 01-51230-400 EQUIPMENT COSTS TOTAL CAPITAL EXPENDITURES DEPRECIATION & AMORT 01-51230-610 DEPRECIATION TOTAL DEPRECIATION & AMORT 215,396 4,030 219,426 o 2,000 o 14,190 5,030 3,000 2,500 26,720 o 8,500 2,000 1,650 750 o 12,900 5,000 5,000 215,396 4,030 219,426 o 2,000 o 14,190 5,030 3,000 2,500 26,720 o 8,500 2,000 1,650 750 o 12,900 5,000 5,000 o o 6,727.69 155.00 6,882.69 0.00 0.00 0.00 773 . 83 0.00 0.00 0.00 773.83 0.00 112 . 13 0.00 0.00 0.00 0.00 112 . 13 1,942.65) 1,942.65) o o 0.00 0.00 172,217.86 3,441. 00 175,658.86 0.00 2,353.83 0.00 8,712.60 5,181.83 198.94 0.00 16,447.20 0.00 5,524.16 1,647.75 85.80 483.71 0.00 7,741.42 1,164.52 1,164.52 0.00 0.00 43,178.14 589.00 43,767.14 0.00 353.83) 0.00 5,477.40 151. 83) 2,801.06 2,500.00 10,272.80 0.00 2,975.84 352.25 1,564.20 266.29 0.00 5,158.58 3,835.48 3,835.48 0.00 0.00 20.05 14.62 19.95 0.00 17.69- 0.00 38.60 3.02- 93.37 100.00 38.45 0.00 35.01 17.61 94.80 35.51 0.00 39.99 76.71 76.71 0.00 0.00 TOTAL ADMINISTRATIVE 23.87 264,046 264,046 5,826.00 201,012.00 63,034.00 8-20-2008 03:20 PM 01 -GENERAL FUND AUDITOR DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE BUDGET REMAINING PAGE: 6 BUDGET % REMAINING PURCHASED/ CONTRACT SERV 01-51320-202 AUDITORS FEES 01-51320-227 DELIVERY SERVICES TOTAL PURCHASED/CONTRACT SERV 26,000 200 26,200 26,000 200 26,200 0.00 0.00 0.00 12,200.00 0.00 12,200.00 13,800.00 200.00 14,000.00 53.08 100.00 53.44 TOTAL AUDITOR 53.44 26,200 26,200 0.00 12,200.00 14,000.00 8-20-2008 03:20 PM 01 -GENERAL FUND FINANCE DEPARTMENTAL EXPENDITURES BOYNTON BEACH eRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO- DATE BALANCE BUDGET REMAINING PAGE: 7 BUDGET % REMAINING PERSONNEL SERVICES 01-51325-100 PERSONNEL SERVICES 01-51325-115 CAR ALLOWENCE TOTAL PERSONNEL SERVICES PURCHASED/ CONTRACT SERV 01-51325-200 CONTRACTUAL EXPENSE 01-51325-201 BANK FEES 01-51325-203 MISCELLANEOUS 01-51325-220 PROMO & BUSINESS TRAVEL 01-51325-225 ASSOC. MEETINGS & SEMINAR 01-51325-226 MEMBERSHIP DUES 01-51325-227 DELIVERY COSTS 01-51325-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51325-300 OFFICE EXPENSE 01-51325-310 OFFICE SUPPLIES 01-51325-355 SUBSCRIPTIONS 01-51325-360 BOOKS & PUBLICATIONS 01-51325-365 OFFICE PRINTING COSTS TOTAL SUPPLIES CAPITAL EXPENDITURES 01-51325-400 EQUIPMENT COSTS TOTAL CAPITAL EXPENDITURES DEPRECIATION lie AMORT 01-51325-610 DEPRECIATION TOTAL DEPRECIATION & AMORT 140,400 o 140,400 5,280 3,600 o o 8,000 900 1,500 3,000 22,280 o 4,500 o 100 1,000 5,600 140,400 o 140,400 5,280 1,600 o o 13,600 900 500 o 21,880 o 4,500 o 500 1,000 6,000 o o o o 4,817.31 0.00 4,817.31 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 899.58 0.00 0.00 0.00 899.58 o o 0.00 0.00 100,644.25 0.00 100,644.25 2,383.59 1,733.77 0.00 0.00 13,331.23 435.00 110.34 0.00 17,993.93 0.00 4,309.00 0.00 494.46 323.82 5,127.28 0.00 0.00 0.00 0.00 39,755.75 0.00 39,755.75 2,896.41 133.77) 0.00 0.00 268.77 465.00 389.66 0.00 3,886.07 0.00 191. 00 0.00 5.54 676.18 872.72 0.00 0.00 0.00 0.00 28.32 0.00 28.32 54.86 8.36- 0.00 0.00 1.98 51.67 77.93 0.00 17.76 0.00 4.24 0.00 1.11 67.62 14.55 0.00 0.00 0.00 0.00 TOTAL FINANCE 26.45 168,280 168,280 o o 0.00 0.00 5,716.89 123,765.46 44,514.54 8-20-2008 03:20 PM BOYNTON BEACH CRA REVENUE &. EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 PAGE, 8 01 -GENERAL FUND INSURANCES DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE BUDGET BUDGET % REMAINING REMAINING PURCHASED/CONTRACT SERV 01-51410-200 CONTRACTUAL EXPENSE 26,090 26,090 0.00 16,144.98 9,945.02 38.12 01-51410-213 GENERAL PROPERTY COVERAGE 70,050 70,050 0.00 70,050.00 0.00 0.00 01-51410-214 EMPLOYEE FIDELITY COVERAG 1,500 1,500 0.00 990.81 509.19 33.95 01-51410-215 DIRECTORS & OFFICERS COVE 7,735 7,735 0.00 7,735.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 105,375 105,375 0.00 94,920.79 10,454.21 9.92 TOTAL INSURANCES 105,375 105,375 0.00 94,920.79 10,454.21 9.92 8-20-2008 03:20 PM BOYNTON BEACH CRA REVENUE &. EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 PAGE: 9 01 -GENERAL FUND PROFESSIONAL SERVICES DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE BUDGET BUDGET '" REMAINING REMAINING PURCHASED/CONTRACT SERV 01-51420-200 CONTRACTUAL EXPENSE 110,000 335,000 15,389.48 228,717.73 106,282.27 31.73 01-51420-201 CONTRACT LEGAL 350,000 350,000 21,587.20 107,407.17 242,592.83 69.31 01-51420-203 LOBBYING COSTS- FED &. STA 90,000 90,000 3,333.33 64,082.15 25,917.85 28.80 01-51420-204 CITY STAFF COSTS 10,120 10,120 0.00 8,281.51 1,838.49 18.17 01-51420-227 CONTRACT LEGAL DELIVERY S 0 0 0.00 0.00 0.00 0.00 01-51420-228 BUILDING & DEMOLITION PER 0 0 0.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 560,120 785,120 40,310.01 408,488.56 376,631.44 47.97 TOTAL PROFESSIONAL SERVICES 560,120 785,120 40,310.01 408,488.56 376,631.44 47.97 8-20-2008 03:20 PM 01 -GENERAL FUND PLANNING DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE BUDGET REMAINING PAGE: 10 BUDGET \- REMAINING PERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICES 01-51440-115 CAR ALLOWANCE TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-51440-200 CONTRACTUAL EXPENSE 01-51440-203 MISCELLANEOUS 01-51440-216 ADVERTISING &. PUBLIC NOTI 01-51440-220 PROMO & BUSINESS TRAVEL 01-51440-225 ASSOC. MEETINGS & SEMINAR 01-51440-226 MEMBERSHIP DUES 01-51440-227 DELIVERY SERVICES 01-~2440-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51440-300 OFFICE EXPENSE 01-51440-310 OFFICE SUPPLIES 01-51440-355 SUBSCRIPTIONS 01-51440-360 BOOKS & PUBLICATIONS 01-51440-365 OFFICE PRINTING COSTS TOTAL SUPPLIES CAPITAL EXPENDITURES 01-51440-400 EQUIPMENT COSTS TOTAL CAPITAL EXPENDITURES DEPRECIATION & AMORT 01-51440-610 DEPRECIATION TOTAL DEPRECIATION & AMORT 177,120 2,600 179,720 522,500 o o o 6,000 1,225 2,000 o 531,725 o 3,500 150 300 2,000 5,950 177,120 2,600 179,720 557,500 o o o 16,000 1,225 2,000 o 576,725 o 3,500 150 300 2,000 5,950 o o o o 6,812.31 100.00 6,912.31 0.00 0.00 0.00 0.00 297.96 650.00 15.96 0.00 963.92 0.00 440.12 0.00 0.00 0.00 440.12 o o 0.00 0.00 151,233.26 2,220.00 153,453.26 1,712.36 0.00 0.00 0.00 8,460.14 1,475.60 448.04 0.00 12,096.14 0.00 2,980.26 0.00 52.58 657.37 3,690.21 0.00 0.00 0.00 0.00 25,886.74 380.00 26,266.74 555,787.64 0.00 0.00 0.00 7,539.86 250.60) 1,551.96 0.00 564,628.86 0.00 519.74 150.00 247.42 1,342.63 2,259.79 0.00 0.00 0.00 0.00 14.62 14.62 14.62 99.69 0.00 0.00 0.00 47.12 20.46- 77.60 0.00 97.90 0.00 14 .85 100.00 82.47 67.13 37.98 0.00 0.00 0.00 0.00 TOTAL PLANNING 77.80 717,395 762,395 o o 0.00 0.00 8,316.35 169,239.61 593,155.39 8-20-2008 03:20 PM BOYNTON BEACH CRA PAGE: 11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 01 -GENERAL FUND BUILDINGS & PROPERTY ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET \- DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE REMAINING REMAINING PURCHASED/CONTRACT SERV 01-51620-200 CONTRACTUAL EXPENSE 2,700 2,700 0.00 1,788.85 911.15 33.75 01-51620-201 PROPERTY TAXES 0 0 0.00 0.00 0.00 0.00 01-51620-205 RENTAL OF OFFICES 50,760 50,760 0.00 42,250.00 8,510.00 16.77 01-51620-206 MAINTENENCE & CLEANING 8,280 8,280 450.00 7,700.00 580.00 7.00 01-51620-207 OFFICE SPACE CHARGES 10,000 10,000 0.00 9,076.20 923.80 9.24 01-51620-208 EQUIPMENT LEASES 16,000 16,000 1,793.74 16,597.43 597.43) 3.73- 01-51620-209 PROPERTY MAINTENENCE COST 312,850 312,850 2,510.00 170,754.78 142,095.22 45.42 01-51620-228 BUILDING &. DEMOLITION FEE 87,500 87,500 0.00 10.00 87,490.00 99.99 TOTAL PURCHASED/CONTRACT SERV 488,090 488,090 4,753.74 248,177.26 239,912.74 49.15 SUPPLIES 01-51620-315 POSTAGE COSTS 0 0 0.00 0.00 0.00 0.00 01-51620-325 ELECTRICITY COSTS 10,000 10,000 0.00 5,426.18 4,573 .82 45.74 01-51620-326 WATER CHARGES 8,000 8,000 114.92 2,520.92 5,479.08 68.49 TOTAL SUPPLIES 18,000 18,000 114.92 7,947.10 10,052.90 55.85 CAPITAL EXPENDITURES 01-51620-400 EQUIPMENT COSTS 0 0 0.00 0.00 0.00 0.00 TOTAL CAPITAL EXPENDITURES 0 0 0.00 0.00 0.00 0.00 DEPRECIATION & AMORT 01-51620-600 DEPREACTION EXPENSE 0 0 0.00 0.00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 TOTAL BUILDINGS & PROPERTY 506,090 506,090 4,868.66 256,124.36 249,965.64 49.39 8-20-2008 03:20 PM O~ -GENERAL FUND MARINA DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF, AUGUST 31ST, 2008 ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE BUDGET REMAINING PAGE: 12 BUDGET % REMAINING PURCHASED/CONTRACT SERV 01-51630-200 CONTRACTUAL 01-51630-206 MAINTENANCE 01-51630-209 PROPERTY MAINTENENCE 01-51630-241 MARINA FUEL MANAGEMENT 01-51630-242 MARINE FUEL STATION OVERH TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-5~630-325 ELECTRIC COSTS 01-51630-326 WATER COSTS 01-5~630-327 GASOLINE & DEISEL FUEL PU 01-51630-328 MARINA DIESEL SALES TAX TOTAL SUPPLIES CAPITAL EXPENDITURES 01-5~630-400 EQUIPMENT COSTS TOTAL CAPITAL EXPENDITURES 775 o 49,125 125,000 40,900 215,800 20,000 3,000 1,140,000 19,200 ~,182,200 12,000 ~2,000 775 o 49,125 125,000 40,900 215,800 20,000 3,000 1,140,000 19,200 1,182,200 12,000 12,000 0.00 0.00 0.00 12,333.00 3,285.80 15,618.80 531.42 0.00 44,516.76 0.00 45,048.18 0.00 0.00 450.00 750.00 18,322.06 124,964.32 44,767.26 189,253.64 15,582.78 1,~54.75 876,522.67 15,310.95 908,571.15 18~.61 181. 61 325.00 750.00) 30,802.94 35.68 3,867.26) 26,546.36 4,417.22 1,845.25 263,477.33 3,889.05 273,628.85 1~,818.39 11,818.39 41.94 0.00 62.70 0.03 9.46- 12.30 22.09 61.51 23.11 20.26 23.15 98.49 98.49 TOTAL MARINA 22.13 1,410,000 1,410,000 60,666.98 1,098,006.40 311,993.60 8-20-2008 03:20 PM BOYNTON BEACH CRA PAGE: 13 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 01 - GENERAL FUND COMMUNICATIONS & TECHNOLO ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET %- DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE REMAINING REMAINING PURCHASED/CONTRACT SERV 01-51650-200 CONTRACTUAL EXPENSE 1,500 1,500 0.00 1,200.00 300.00 20.00 TOTAL PURCHASED/CONTRACT SERV 1,500 1,500 0.00 1,200.00 300.00 20.00 SUPPLIES 01-51650-330 TELEPHONE LINES 7,800 7,800 570.09 6,984.86 815.14 10.45 01-51650-335 T-l COMMUNICATION LINE 0 0 0.00 0.00 0.00 0.00 01-51650-340 CELLULAR PHONES 7,440 7,440 563.32 7,573.64 133.64) 1. 80- 01-51650-345 WEB SITE 0 0 0.00 0.00 0.00 0.00 01-51650-350 WI-FI ANNUAL COST 44,000 44,000 0.00 14,991. 09 29,008.91 65.93 TOTAL SUPPLIES 59,240 59,240 1.,133.41 29, 549 .59 29,690.41 50.12 CAPITAL EXPENDITURES 01-51650-400 EQUIPMENT COSTS 0 0 0.00 0.00 0.00 0.00 TOTAL CAPITAL EXPENDITURES 0 0 0.00 0.00 0.00 0.00 TOTAL COMMUNICATIONS & TECHNOLO 60,740 60,740 1,133.41 30,749.59 29,990.41 49.38 8-20-2008 03:20 PM BOYNTON BEACH CRA REVENUE &. EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 PAGE, 14 01 -GENERAL FUND SOFTWARE & TECHNOLOGY DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE BUDGET BUDGET \- REMAINING REMAINING PURCHASED/CONTRACT SERV 01-51680-200 CONTRACTUAL EXPENSE 2,500 2,500 0.00 0.00 2,500.00 100.00 01-51680-210 IT SUPPORT 25,000 25,000 3,000.00 18,000.00 7,000.00 28.00 01-5~680-211 COMPUTER SOFTWARE LICENSE 1,000 ~,OOO 0.00 0.00 1,000.00 100.00 0~-51680-212 ACCOUNTING LIC & SUPPORT 6,500 6,500 0.00 8, 714 .53 2,214.53) 34.07- TOTAL PURCHASED/CO!--:-r!<ACT SERV 35,000 35,000 3,000.00 26,714.53 8,285.47 23.67 CAPITAL EXP~mITURES 01-5168~-400 EQUIPMENT COSTS 5,000 5,000 0.00 0.00 5,000.00 100.00 TO,"AL CAPITAL EXPENDITURES 5,000 5,000 0.00 0.00 5,000.00 100.00 DEPRECIATION & AMORT 01-51680-610 DEPRECIATION 0 0 0.00 0,00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 TOTAL SOFTWARE & TECHNOLOGY 40,000 40,000 3,000.00 26,714.53 13,285.47 33.21 8-20-2008 03:20 PM 01 -GENERAL FUND CONTINGENCY DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 ORIGINAL BUDGET AMENDED BUDGET MONTHLY YEAR-TO-DATE ACTIVITY BALANCE PAGE: 15 BUDGET BUDGET ll; REMAINING REMAINING PURCHASED/CONTRACT SERV 01-51990-200 CONTRACTUAL EXPENSE TOTAL PURCHASED/CONTRACT SERV 274,000 274,000 224,000 224,000 0.00 0.00 0.00 0.00 224,000.00 100.00 224,000.00 100.00 TOTAL CONTINGENCY 224,000.00 100.00 274,000 224,000 0.00 0.00 8-20-2008 03:20 PM BOYNTON BEACH CRA PAGE: 16 REVENUE &. EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 01 -GENERAL FUND POLICE ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET % DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE REMAINING REMAINING PERSONNEL SERVICES 01-53120-100 PERSONNEL SERVICES 0 0 0.00 0.00 0.00 0.00 TOTAL PERSONNEL SERVICES 0 0 0.00 0.00 0.00 0.00 PURCHASED/CONTRACT SERV 01-53120-200 CONTRACTUAL EXPENSE 388,794 388,794 0.00 1.19,317.36 269,476.64 69.31 TOTAL PURCHASED/CONTRACT SERV 388,794 388,794 0.00 119,317.36 269,476.64 69.31 SUPPLIES 01-53120-320 POLICE SUPPLIES 0 0 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 0 0 0.00 0.00 0.00 0.00 CAPITAL EXPENDITURES 01-53120-400 EQUIPMENT COSTS 45,445 45,445 0.00 46,305.00 860.00) 1.89- 01-53120-410 POLICE CRUISER 139,614 139,614 0.00 139,614.00 0.00 0.00 TOTAL CAPITAL EXPENDITURES 185,059 185,059 0.00 185,919.00 860.00) 0.46- DEPRECIATION & AMORT 01-53120-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 TOTAL POLICE 573,853 573,853 0.00 305,236.36 268,616.64 46.81 8-20-2008 03:20 PM BOYNTON BEACH CRA PAGE: 17 REVENUE &. EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 01 -GENERAL FUND TRANSPORTATION ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET \- DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE REMAINING REMAINING PURCHASED/CONTRACT SERV 01-55110-200 CONTRACTUAL EXPENSE 0 0 0.00 0.00 0.00 0.00 01-55110-230 TROLLEY OPERATIONS 514,800 874,800 57,201. 00 718,774.13 156,025.87 17.84 01-55110-231 TROLLEY MARKETING COSTS 1,200 1,200 0.00 1,199.51 0.49 0.04 01-55110-232 TROLLEY SYSTEMS COSTS 5,000 45,000 4,475.00 22,642.00 22,358.00 49.68 TOTAL PURCHASED/CONTRACT SERV 521,000 921,000 61,676.00 742,615.64 178,384.36 19.37 TOTAL TRANSPORTATION 521,000 921,000 61,676.00 742,615.64 178,384.36 19.37 8-20-2008 03:20 PM BOYNTON BEACH CRA REVENUE &. EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 PAGE: 18 01 -GENERAL FUND INCENTIVES & GRANTS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE BUDGET BUDGET 'l: REMAINING REMAINING PURCHASED/CONTRACT SERV 01-57200-200 CONTRACTUAL EXPENSE 0 0 0.00 0.00 0.00 0.00 01-57200-236 PBC - DEVELOP. REGIONS GR 50,000 50,000 0.00 22,631. 72 27,368.28 54.74 01-57200-237 RESIDENTIAL IMPROVEMENT P 300,000 340,000 0.00 0.00 340,000.00 100.00 01-57200-238 COMMERCIAL IMPROVEMENT PR 75,000 75,000 0.00 0.00 75,000.00 100.00 01-57200-239 ECONOMIC DEVELOPMENT PROG 0 0 0.00 0.00 0.00 0.00 01-57200-240 DIRECT INCENTIVE PROGRAM 0 0 0.00 0.00 0.00 0.00 01-57200-241 COMMUNITY SUPPORT GRANTS 0 10,000 0.00 516.84 9,483.16 94.83 TOTAL PURCHASED/CONTRACT SERV 425,000 475,000 0.00 23,148.56 451,851.44 95.13 TOTAL INCENTIVES & GRANTS 425,000 475,000 0.00 23,148.56 451,851.44 95.13 8-20-2008 03,20 PM 01 -GENERAL FUND MARI<ETING DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE BUDGET REMAINING PAGE: 19 BUDGET '" REMAINING PERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-57400-200 CONTRACTUAL EXPENSE 01-57400-203 MISCELLANEOUS 01-57400-216 ADVERTISING & PUBLIC NOTI 01-57400-217 NEWS LETTER 01-57400-218 ANNUAL REPORT & BROCHURES 01-57400-219 FESTIVALS & EVENTS 01-57400-220 PROMO & BUSINESS TRAVEL 01-57400-221 CRA MEETINGS & EVENTS 01-57400-225 ASSOC. MEETINGS & SEMINAR 01-57400-226 MEMBERSHIP DUES 01-57400-227 DELIVERY SERVICES 01-57400-229 CAREER DEVELOPMENT 01-57400-236 PHOTOGRAPHY / VIDEOS TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-57400-300 OFFICE EXPENSE 01-57400-310 OFFICE SUPPLIES 01-57400-355 SUBSCRIPTIONS 01-57400-360 BOOKS & PUBLICATIONS 01-57400-365 OFFICE PRINTING COSTS TOTAL SUPPLIES DEPRECIATION & AMORT 01-57400-610 DEPRECIATION TOTAL DEPRECIATION &. AMORT 82,080 82,080 55,200 o 46,695 14,000 48,000 16,980 o o 9,500 1,150 1,400 o 9,000 201,925 o 3,500 o 400 5,000 8,900 82.080 82,080 55,200 o 51,695 14,000 53,000 60,980 o o 9,500 1,150 1,400 o 9,000 255,925 o 5,500 o 400 5,000 10,900 o o 3,203.85 3,203.85 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 650.00 75.00 0.00 0.00 725.00 0.00 112.13 0.00 0.00 73 .00 185.13 o o 0.00 0.00 70,781. 45 70,781. 45 47,933.90 0.00 30,406.18 6,675.28 46,145.79 48,705.00 0.00 0.00 7,157.52 2,108.44 436.91 0.00 3,740.89 193,309.91 0.00 5,277.14 0.00 14.74 4,061. 73 9,353.61 0.00 0.00 11,298.55 11,298.55 7,266.10 0.00 21,288.82 7,324.72 6,854.21 12,275.00 0.00 0.00 2,342.48 958.44) 963.09 0.00 5,259.11 62,615.09 0.00 222.86 0.00 385.26 938.27 1, 546 . 39 0.00 0.00 13.77 13.77 13 .16 0.00 41.18 52.32 12.93 20.13 0.00 0.00 24.66 83.34- 68.79 0.00 58.43 24.47 0.00 4.05 0.00 96.32 18.77 14.19 0.00 0.00 TOTAL MARKETING 21.63 292,905 348,905 4,113.98 273,444.97 75,460.03 8-20-2008 03:20 PM BOYNTON BEACH CRA PAGE: 20 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 01 -GENERAL FUND SPECIAL EVENTS ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET tr DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE REMAINING REMAINING PERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES 78,840 78,840 3,079.23 67,768.72 11,071.28 14.04 TOTAL PERSONNEL SERVICES 78,840 78,840 3,079.23 67,768.72 11,071.28 14 .04 PURCHASED/CONTRACT SERV 01-57500-216 ADVERTISING & PUBLIC NOTI 0 0 0.00 0.00 0.00 0.00 01-57500-219 FESTIVALS & EVENTS 352,000 352,000 75.22 385,578.17 33,578.17) 9.54- 01-57500-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0.00 01-57500-222 BUSINESS PROGRAMING 0 0 0.00 0.00 0.00 0.00 01-57500-223 BUSINESS GENESIS 0 0 0.00 0.00 0.00 0.00 01-57500-:2s ASSOC. MEETINGS & SEMINAR 9,500 9,500 439.70 5,230.10 4,269.90 44.95 01-57500-226 MEMBERSHIP DUES 1,325 1,325 0.00 275.00 1,050.00 79.25 0~-57500-227 DELIVERY SERVICES 500 500 0.00 395.60 104.40 20.88 TOTAL PURCHASED/CONTRACT SERV 363,325 363,325 514.92 391,478.87 28,153.87) 7.75- SUPPLIES 01-57500-300 OFFICE EXPENSE 0 0 0.00 0.00 0.00 0.00 01-57500-310 OFFICE SUPPLIES 3,500 3,500 112.13 3,393.84 106.16 3.03 01-57500-355 SUBSCRIPTIONS 250 250 0.00 0.00 250.00 100.00 01-57500-360 BOOKS &. PUBLICATIOlqS 300 300 0.00 63.89 236.11 78.70 01-57500-365 OFFICE PRINTING COSTS 500 500 0.00 0.00 500.00 100.00 TOTAL SUPPLIES 4,550 4,550 112.13 3,457.73 1,092.27 24.01 CAPITAL EXPENDITURES 01-57500-400 EQUIPMENT COSTS 5,000 5,000 0.00 658.81 4,341.19 86.82 TOTAL CAPITAL EXPENDITURES 5,000 5,000 0.00 658.81 4,341.19 86.82 DEPRECIATION & AMORT 01-57500-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 TOTAL SPECIAL EVENTS 451, n5 451,715 3,706.28 463,364.13 ( 11,649.13) 2.58- 8-20-2008 03:20 PM BOYNTON BEACH CRA PAGE: 21 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 01 -GENERAL FUND SIGNAGE PROGRAM ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET \- DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE REMAINING REMAINING PURCHASED/ CONTRACT SERV 01-58000-200 CONTRACTUAL EXPENSE 0 0 0.00 0.00 0_00 0.00 01-58000-224 SIGN CONSTRUCTION 85,000 10,000 0.00 4,396.71 5,603.29 56.03 TOTAL PURCHASED/CONTRACT SERV 85,000 10,000 0.00 4,396.71 5,603.29 56.03 TOTAL SIGNAGE PROGRAM 85,000 10,000 0.00 4,396.71 5,603.29 56.03 8-20-2008 03:20 PM 01 - GENERAL FOND HEART OF BOYNTON DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 3~ST, 2008 ORIGINAL BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE BUDGET REMAINING PAGE: 22 AMENDED BUDGET BUDGET %- REMAINING PURCHASED/CONTRACT SERV 01-58200-233 TWN SQ PROJ - HS REHAB 01-58200-235 SAVAGE CREATURES TOTAL PURCHASED/CONTRACT SERV o o o o o o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL HEART OF BOYNTON 0.00 0.00 o o 0.00 0.00 8-20-2008 03:20 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 PAGE: 23 01 -GENERAL FOND DEVELOPMENT PROJECTS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TQ-DATE BALANCE BUDGET REMAINING BUDGET %- REMAINING PURCHASED/CONTRACT SERV 0~-S8300-200 CONTRACTUAL EXPENSE 1,103,114 1,743,114 0.00 53,406.77 1,689,707.23 96.94 01-58300-201 PROPERTY TAXES 350,000 59,000 0.00 34,067.95 24,932.05 42.26 TOTAL PURCHASED/CONTRACT SERV 1,453,114 1,802,114 0.00 87,474.72 1,714,639.28 95.15 INTERFUND/INTERDEPTMENTL 01-58300-500 GAIN/LOSS OF SALE OF PROP 0 0 0.00 71,158.10 71,158.10) 0.00 TOTAL INTERFUND/INTERDEPTMENTL 0 0 0.00 71,158.10 71,158.10) 0.00 TOTAL DEVELOPMENT PROJECTS l,453,H4 1,802,114 0.00 158,632.82 1,643,481.18 91.20 8-20-2008 03:20 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 PAGE: 24 01 -GENERAL FOND EMPLOYEE BEBEFITS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE BUDGET BUDGET %- REMAINING REMAINING PERSONNEL SERVICES 01-59000-~50 COMPENSATED TIME OFF 0 0 0.00 0.00 0.00 0.00 01-59000-151 F.I.C.A. 43,379 43,379 1,5~1.69 34,503.23 8,875.77 20.46 01-59000-152 MEDICARE 10,145 10,145 353.53 6,584.02 3,560.98 35.10 01-59000-153 RETIREMENT PLAN 401(a) 76,927 76,927 0.00 39,376.00 37,551. 00 48.81 01-59000-154 WORKERS COMP INSURANCE 7,063 7,063 0.00 3,079.75 3,983.25 56.40 01-59000-~55 HEALTH INSURANCE 5~,965 5~,965 0.00 45,074.71 6,890.29 13.26 01-59000-156 DENTAL INSURANCE 3,955 3,955 0.00 2,964.59 990.4~ 25.04' 01-59000-157 LIFE INSURANCE 2,580 2,580 0.00 2,715.72 135.72) 5.26- 01-59000-158 SHORT / LONG TERM DISABIL 3,392 3,392 0.00 2,343.88 1,048.12 30.90 01-59000-159 UNEMPLOYMENT CHARGES 5,000 5,000 2,156.00 2,926.00 2,074.00 41.48 01-59000-160 VISION INSURANCE 573 573 0.00 438.34 134.66 23.50 01-59000-161 COMPENSATED ABSENSES 0 0 0.00 0.00 0.00 0.00 'fOTAL PERSONNEL SERVICES 204,979 204,979 4,021.22 140,006.24 64,972.76 31.70 TOTAL EMPLOYEE BEBEFITS 204,979 204,979 4,021.22 140,006.24 64,972.76 31.70 8-20-2009 03:20 PM BOYNTON BEACH CRA PAGE: 25 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 01 -GENERAL FUND DEBT SERVICE ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET % DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE REMAINING REMAINING DEBT SERVICE 01-59800-810 LOAN PRINCIPAL 664,588 0 0.00 0.00 0.00 0.00 01-59800-811 BOND #~ PRINCIPAL 615,000 0 0.00 0.00 0.00 0.00 01.59800-812 BOND #2 PRINCIPAL 245,000 0 0.00 0.00 0.00 0.00 01-59800-820 LOAN INTEREST 192,953 0 0.00 0.00 0.00 0.00 01-59800-821 BOND #1 INTEREST 771,612 0 0.00 0.00 0.00 0.00 01-59800-822 BOND #2 INTEREST 576,335 0 0.00 0.00 0.00 0.00 01-59800-823 LOAN INTEREST-TRG 0 0 0.00 0.00 0.00 0.00 01-59800-830 FINANCIAL AGENT FEES 500 500 0.00 450.00 50.00 10.00 01-59900-840 BONDING INSURANCE COSTS 0 0 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE 3,065,988 500 0.00 450.00 50.00 10.00 OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE 0 3,065,488 0.00 3,065,538.00 50.00) 0.00 TOTAL OTHER FINANCING USES 0 3,065,488 0.00 3,065,538.00 50.00) 0.00 TOTAL DEBT SERVICE 3,065,988 3,065,988 0.00 3,065,988.00 0.00 0.00 8-20-2008 03:20 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2008 PAGE: 26 01 - GENERAL FUND TRANSFER OUT DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE BUDGET BUDGET %- REMAINING REMAINING OTHER FINANCING USES 01-59999-990 INTERFUND TRANSFERS OUT 01-59999-991 TRANSFER OUT-POLICE EXPEN TOTAL OTHER FINANCING USES o o o o o o 0.00 0.00 0.00 3,275,373.40 0.00 3,275,373.40 3,275,373.40) 0.00 3,275,373.40) 0.00 0.00 0.00 TOTAL TRANSFER OUT o o 0.00 3,275,373.40 ( 3,275,373.40) 0.00 TOTAL EXPENDITURES 11,263,200 12,263,200 203,355.78 10,901,203.77 1,361,996.23 11.11 ============ ============ ============= ============= =====--====== REVENUES OVER/ (UNDER) EXPENDITURES o o 180,367.04) 275,706.83 275,706.83) 0.00 ~~~~Y~T2~ICRA Ii East Side-West Side- Seaside Renaissance eRA BOARD MEETING OF: September 2, 2008 I X I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: CRA District Noise Ordinance Recommendations SUMMARY: At the Aprill5, 2008, City Commission meeting, CRA staff was directed to explore language necessary to effectuate the creation of a noise ordinance for the CRA district that would be compatible with the newly adopted Downtown Master Plan. CRA staff has reviewed existing noise ordinances from several surrounding cities and has met with members of the City of Boynton Beach's Code Enforcement and Planning and Development Departments in an attempt to gather information in order to make recommendations so that City staff can formulate a draft ordinance. As a result of this research and input from city staff, it has become apparent that the city as a whole could benefit from the creation of "entertainment districts" or an enhanced zoning designation that would allow greater flexibility and relief from the current code. CRA staff is suggesting the following: Revisions to the current City of Boynton Beach Code of Ordinances, Chapter 15, to permit entertainment within any zoning area of the CRA District where mixed use is allowed until 12am, Monday thru Thursday; untillam on Friday and Saturday; untilllpm on Sunday. Revisions of the current City of Boynton Beach Code of Ordinances, Chapter 15, to provide for a greater reliance on terms such as "Plainly Audible" rather than the predominant use of FAST meters or hand held decibel reading devices. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Visions 20/20, Ocean District Plan, Downtown Master Plan RECOMMENDATIONS: CRA Board to make recommendation to the City Commission to implement the above proposed revisions. w~~~ Michael Simon Development Manager T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meetlng\FY 2007 - 2008 Board Meetlngs\08 09 02 CRA Board Meeting September\nolse ordinance recommendatlon.doc ~~r 1~~~Y~e~TcRA Ii East Side-West S'lde-Seas'lde Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: September 2, 2008 I x I Consent Agenda I I Old Business New Business I I Public Hearing I I Other SUBJECT: Approval of the Boynton Harbor Marina Dockage Agreement for FY 2008-2009 SUMMARY: The CRA purchased the privately owned and operated Two George's Marina in March 2006 consisting of 24 boat slips and a two story dive shop building. The rationale for the purchase was to preserve the viability of the commercial fishing industry in Boynton Beach which is diminishing because of the lack of affordable marina space due in part to the privatization of area marinas and the residentiall'edevelopment of waterfront lands. At the September 11, 2007, CRA Board meeting, the Board approved a formal dockage lease agreement to be used with the tenants of the marina. The lease was written specifying a one year term and was the first fOlmallease agreement utilized by the CRA for the slips since acquisition of the marina. The CRA's dockmaster Waypoint Marine, Inc., has provided feedback to staff on several issues relating to the terms of the lease and the rules & regulations addendum. CRA staff has amended the dockage agreement to reflect those and other changes which are mainly administrative in nature. FISCAL IMPACT: None. RECOMMENDATIONS: Approval ofCRA FY 2008-2009 Marina Dockage Agreement with the recommended changes. "/P~tU~~~\ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meetlng\FY 2007 .2008 Board Meetings\08 09 02 CRA Board Meeting September\New Dock Agreemenl.doc BOYNTON BEACH CONMUNITY UOBVJ:LOPMJ:NT AGENCY "BOYNTON HARBOR IGRINA" -POCKAGZ AGUZMBNT Phone: (561) 737-3256 915 S. Federal Highway Boynton Beach, FL 33435 Effective Date: Expiration Date: September 30, 2009 (*if left blank, the expiration date shall be the next September 30 after the effective date, the end of the CRA fiscal year.) Agreement between Boynton Beach Community Redevelopment AgenCYi herein called "CRA," and the undersigned boat and/or owner, herein called, "," "Tenant". t';CiYfJ0inL {.ldline, IhC..~ he_r~iJ_~~.~tet referrt:!d Lo as \'L:I);:k r,ln~L(-!_." Ill::-t fO?'.LtS allY and all duties of marina management on behalf of the eRA. l' (Print all information) ~I-bNAUT' S Nome., BOAT NAME lEl'l/\tJ ill S Iv:idl ess, f:ity \less,,], Registration No. State Zip Ha k~~ i\; O.A. Length Beam Draft *Length of vessel is overall including pulpits and dive platforms. Power Sail Slip No. Rate $ Electricity: 110 220 Phone No. Alternate Phone No. 1. The term of this Dockage Agreement (Agreement) shall be until the next September 30, 200,9,the end of the fiscal year for CRA. ~iill' "''',11'[ sil",ll helvlc the optiOl~ ~c'L,,,n,,\'1 thi," J\3reemeJlt \'Iith Ltl'" '.':ritten appLovdl of [he eRA, Any such renewal shall be subject to adjustments to the terms of this Agreement to conform with the then current Dockage Agreement in use by CRA and subject to a reneqotiation of the dock rental !a~~ to the then current market rate. The option to renew shall be terminable by the CRA llwic r i l ' oS sole Ji s, u,tit)" 01 for failure of . T"E,allt to abide by the Rules and Regulations and the terms of this Agreement in CRA's discretion. 2. The rental for the current term shall be the sum of per month including sales tax. .,Ry~t shall be: IJto1<ited if Z\greement is Cl-:ecuted "ftel the 1:', (~~ the month. Each subsequent' rent payiilel'l.tshaiibe due on the first day of the month and past due on the tenth day of the month. There shall be a five percent (5,) late payment penalty due on all rent payments received after the past due date. The late payment p"nalty Idll escalate to ten percen', OO!)it the rent payment is !lot nilde in full, including any f. FFCOfml...... tted: Lt. ft...:. o,S.'.,.Rlght: O.S', ) l!-op: 0.8", Bottom: 0.5" e D~le;;;;~- ", .., J [Dllehd: ! ) (Deleted: . (Deleted:- o,;;,er ) 1 1 [ Deleted: 'i (~el!~~~: O\iNER' e ~~et!d: AME [~!~c1: Street [D-.,.;I~t;c1: Make Year 'i ( i)eleted: _ ) ) ) ] 1 'i [Deleted: 8 J [Deleted: ll'...ner shall have ] the aptian to renew this Agree~ent far an additional one year term. [Deleted: ll'oiller [D. e..'e..te. d.:...T...h...e.. fir.s..t....mont.h.... s rental shall be prorated (~~c...,.~". ,. '. c.c . . .mm.c.... ',.<<Jnnatted: Superscript 9,:,~_stal..J,!!:'.'gE",115'_!:~t f~e::! ~i' t!le fiftee!.!tl>: dal' "f the ':'':1!)"",9UE!Ilt fLon~ This agreement Inay b., t_':'~-!ll!:~l~~.,d by the eRA for nonpayment of the rental fee and/or penalty f_ees if delinquent for three months. 3. CRA agrees to provide electricity and water hookups at each slip. Any equipment necessary to provide the connection from the dock to the vessel shall be the responsibility of the, :Tenant. 4. CRA shall have a lien against the above described boat, her appurtenances and contents, tor unpaid sums due for use of dock facilities or other services, or tor damage caused or contributed to by above described boat, , Telliln t or any individual L~he ~e.fl,illl~ allows to use the boat to any docks or property ot CRA or any other person at the docks in addition to all other remedies available at law or in equity. 5. This Agreement is for the use of dock space only, and such space is to be used at the sole risk of ,_ T,:llaElt. CRA shall not be liable for the care or protection of the boat (including gear, equipment and contents) or tor any loss or damage of whatever kind or nature to the boat, her contents, gear or equipment howsoever occasioned. 6. This Agreement is valid only for the above vessel and, len:;.nt, and is not transferable without the written authorization t 5'"djlpproval of the Qo,::J:.: I,lastel. and the CRA. This u^greerl\ent does Ilot all 0\>: for the sub- leasing .<)f tile slip bi' the Tenant und,~i: ,:,~yc:j rc\~~"tilnc.,~.: This Agreement grants the, 1'enant a revocable license to use the subject dock space and does not create a'iease in favor of the , 'rCJlant or any interest in the underlying bottom lands or real property connected with the CRA. / . I~nallL is lequil.-ed _~_(~,_,!.l.gLlfy ttH- Dock 1.f,:.tsLt..:l III \-;I--'._~_~__~l\~ 1.t O(:;:~\!)ying tile above referenced slip I,:i 11 be absent frOll1 the 5J ip than a thi;:ty nO} daypedoct. vessel.. lonqer the for b., This Agreement shall be in effect until the end of the term unless sooner- terminated in accordance with the following conditions: a. By destruction of the dockage facilities by storm, Act of God or other calamity. b. In the event OWner makes a bona fide sale of the boat and obtains a boat larger than can be safely berthed at the subject dockage. Tt.;.:~_!dtl t l-,dYl~' l~_'li li<.' \. c L h is ASll~t:B~~H~_~Y PLCI\'.. J_dlll~t rh 11. L ~~ (311) da)" ~ili t teLl" notice to the Docl: 1.laSH'1 and the eRA pl.ovided ,,]] rent S fmd fees are current and paid in full~ d. By breach or default as provided in paragraph 8 below. Owner agrees to comply with all posted .Rules and Jzegulations attached- hereto, as amended from time to time in the eRA's sole discretion, as fully as though they were set forth herein, and should breach of this Agreement or violation of posted rules and regulations occur, this rental agreement shall terminate immediately and CRA may remove the boat from her mooring space at the t Tenant's risk and expense and retake possession of the mooring space. to. Waiver of any conditions by CRA shall not be deemed to be a continuing- waiver. l Deleted: ao""er L~~~C!: O\<r\er (oeieted: Cl''''':e~ ) ) ( Deleted: ao""er t DIII~: owner (~,III~~~: or (De!;ted: ( Delet;!: ao.roer ( O.!';ted: Owner ) ) J J 1 ( Formatted: Bullets and Numbering ) l Deleted: ~ J [ Formatted: BuUets and Numbering 1 ( Formatted: Bulets and Numbering ) ) ) ) ) ) ) ) l Deleted: ( Formatted: BuUets and Numberi~ l Formatted: Bullets and Numbering ~---- ~-~~. ,"~ - - l Deleted: r ( ~~ted: r ( Deleted: Owner's ( Formatted: BuUets and Numbering L. Weather conditions: In the event weather or tidal conditions exist during' the term of this Agreement that would either place the . TerraI~~.' ~ vessel in danger of incurring damage to itself or . Tf!~~.3nt'~ vessel causing damage to the CRA's property or other vessels within the dockage facilities, it .hall be the . Tenant's re.pondbility to relllOve hh/her ve..el ~rom the Cu.'. property and dockage ~acility. Any damage caused by . Tenilnt' s vessel to the CRA's property, dockage tacili ties, L~~ll~~~t' ~ vessel or other vessels within the CRA' s property and dockage facilities shall be the sole responsibility of the ,,!,<:!.la_I,l_~' The ..Te~E!.~' by executing this Agreement, expressly agrees that he/she shall be solely responsible for maintaining a weather watch to ascertain when such threatening weather conditions may occur in order to allow adequate time for the ,,~e~~nt to remove his/hel vessel from the CRA's property and dockage facility as required above. The. Tenant expre..ly aoknowledge. that the cu. doe. not a.IIWlle any obligation to contact the, Tenant with re.pect to impending weather condition.. The undersigned hereby informs you, as required by Florida Statute Section 327.59, that in the event you fail to remove your vessel from the marina promptly (time frame to be determined between the marina owner or operator and the vessel owner) after the issuance of a tropical storm or hurricane watch for southeast Florida including Palm Beach County, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregoing, it shall remain the, Ie na.i.'t, ,~ responsibility for all damage caused by his vessel to the CRA dockage facilities or other vessels. The CRA expressly reserves the right, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilities. In the event the CRA establishes such minimum measures, it shall be the vessel . Te_'leu:.t'~, obligation and liability to assure himself/herself that such minimum requirements are adequate to protect the owner's vessel from damage. Ed<;L '!'e:ndul sLall be r:equ~rl:::d tv i1dht:i.~' to tl.t: Yli_~~i:::Lini~:"-~ ::)..,:l tOith in the' annua.l Boynton Harbor l,larind lIuuicane rlan I'lovidt'd by the [Joc}: !.laster 0' tl1e (;RA ati:he slg-ning of 1.:'111s agreenent , 1/. CRA represents and , Tend.ll hereby confirms his/her understanding and. agreement that there is no telephone 01 cabh t,,',evisioll service p~~vi(~,:,d to the facility. Telephone service to th~ vessels must be by cellular phone. No private telephone systems or se,tellite cli51:.o~ may be installed within the dockage facilities without the prior written consent of It..: Docl: l'kster OJ. the CRA. J j. The CRA reserves the right to reassign the , ,end'"l to a different slip in. I the event the CRA deems it necessary, in their sole discretion. 14 . No other vessel may be placed in the water along with the "Tenant',,!'. vessel, I which is the subject of this Agreement without the prior written consent of CRA. Should. Tenant have a dingy or other similar boat on board the I ( FlIr111!l!~: Bullets !n~~\JI11.lle~ J C!i'~'..~: ~;"er .~ - - .. ) U>ele~; Owner'" ) CD;I;b.~;:;;~~:; ) (o;l;ted;~:;;~~~ J CDe';ted;o:.:,,--;~~! J C o.leltid: Oo..mer J t~~~~~~~ j C~..'ete~..:~;~ ) fD~i~teci: ~;~ 1 ( Deleted: Owner's [ Deleted: owner's ( Formatted: Bullets and Numbering ) ( Deleted: Oo"ner ) C Deleted: i r ) l~Or.'!'.!tted~ Bullets !...~ Numbering ( .-..-..---....-, ...---. ".., Deleted: Oo..mer ) ) ( Formatted: BuRets and Numbering J (~'ekd:~.r;-" -~'--='~--~ J C D;J~;d; ~e:"----'--l lit. I /0, I '? 1 'r approved vessel, when the dingy is not aboard the approved vesse~ L!2i!1"',l,':,,-~ rafts, Hav" lllllllers or <,:theE slflilll ves~els may not be left in the slip overnight and must be stowed on the main vessels when not in use. 15. The lenant expressly acknowledges that the CRA assumes no responsibility- for the- caretaking or security of the ~]~Ila!.l:':c'~ vessel and the .Tenan,!c shall be solely responsible for obtaining independent caretaking services with respect to his vessel.__~ _ind_EOP~I:<:!,=-,l,=-orc<:JE~o.'-at",_ c:aretakelEIInec~ilni:,:: '>'larking on d ve~s(!l must re~fister \'lith the Dock l':aster and provide copies of the bilsil1ess license and proof of theh business insurance r;olicy. ie. The , Tenant hereby Agrees to, at all times during the term of this- Agreement, maintain insurance providing complete marine coverage for the, Tenant's vessel and pUblic comprehensive liability insurance (Hull and Frot.ction and Indemnity) with limits not less than $300,000.00 p.r occurrence ~or Non Commercial V....I. and limits not less than $500,000.00 p.r ocourrenc. ~or CClIIIIII.rcial V....I.. The ,,rer~dn\ .hall provide the CRA with a valid certificate of insurance .. proo~ o~ .uoh coverage at the time of executing the Dockage Agreement. The Dock Nastel. and (II eRA reserves the ~lyht to request lIpdat:eci plO(j! ()f Tenant;ls fnStlrance coverage at: any time dUrin" the term of this A<;[r~emE!nt. Additionally, Tenant is required tc provide evidence of a min~murn ten (10) pound [,Be fi re extingui sher tc maintained at all times on the vessel. II. The lLIli\!l'- agrees to indemnify, save, and hold the CRA harmless for any and- all liabIiities, claims, damages, or losses asserted or claimed against the CRA arising out of the . }:Een<lll~_' s use of the CRA' s dockage facilities or CRA property pursuant to this Dockage Agreement, as well as from any and' all acts of , tl1<2 l'elldn~, his/lle.'- ,=,1_",\'1, guests, invitees, or agents. The r le[,alll.' s obligation for such indemnification shall include all reasonable defense costs including attorney fees at the appellate level. This Agreement supersedes any and all other agreements, oral or in writing,. between the parties hereto ~1ith respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to such relation in any manner whatsoever. No change, amendment, modification or alteration of this Agreement shall be. binding upon either party unless it is in writing and signed by both parties except for changes to rules and regulations as deemed necessary and appropriate by the CRA. If any action at law or in terms of this Agreement, reasonable attorney fees, disbursements in addition to equity is necessary to enforce or interpret the- the prevailing party shall be entitled to expenses, costs of appeal and necessary any other relief to which it may be entitled. It is mutually understood that the agreements and covenants contained herein- are severable and in the event any of them shall be held to be invalid, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. L ~~~~~d: , ) rD.r;;ci; i~ ~~;t b~-~O~;ainecll within the Slip. (Deleted: O'omer J C!;~I~U;b~;j"~~~ ) (_.m._. -..~. -. - --=--"-" -....-J Deleted: OWner' S [0;;;;-;1:;;;; ) (D~I~l!~1 0Wne:- J C"o';a~;lkAletsand Numbering ) CD.;r~d:O';;";r;s . . ., 1 [ Deleted: OWner 1 [ Formatted: Bullets and Numbering ) ( Deleted: Owner ) ( Deleted: OWner's ) ( De'eted: O'omer ) [ De'.ted: OWner' s ) r Formatted: Buftets and Numbering J ( Formltted: Bullets and Numbering) [ Formltted: Bullets and Numbering J l!e'eted: i ) [r:" _un] ( F'o';.thd:' Bull~~~!'l~beri;;g:l Date: Date: ~ <:.!.'?nt Signature: Print Name BOYNTON BEACH CO~MUNITY REDEVELOPMENT AGENCY By: Title: ( Deleted: O".mer RULES AND RJ:GULATIONS GOVERNING DOCKAGE )n an effort to provide an inviting atmosphere for boat owners docking at the CRA docks, the following rules and regulations are provided for your protection. Your cooperation in observing the following rules and regulations is required and will be ;St,ti(~!JX enforced. {In)! ':',i::>Jation ~~ ~!~e_~~_ tu~~s_il!1.~ Re9.~11a~J<i!1~, ~-ha}l !:>~ deemed as grounds for termination of the Dockage Agreement and removal of the ve'ssej in the sole discretion of tl1e eRA. ' 1., When a boat enters the basin, it immediately comes under the jurisdiction of the pock I.laster. Only boats, in good condition, and under their own power, shall be admitted to berthing areas. Pets shall be leashed within the confines of the CRA property. Pets permitted only if they do not disturb other lessees and guests. 2. 3. 'J, Under nu circi,unslciIlCtS \'lll.l live aboa~d status b~ allo;'Jed. No overnight. stay by the Tenant, hiS/hel CWi or guests,- shall be perrnltted. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or <:ll11!'E".t:cl'lr supplied for that purpose. /10 person shall discharge oil, spirits-;- solvents, inflammable liquid or oily bilges into the basin or on the property of the eRA. In the event of any accidental spills of oil, spirits, solvents, flammable liquids, fuel products or other toxic substances or waste, the 1-Tenant shall immediately notify the pock I-b"tel of the existence of such condition. s . t. , ULdt.;L nu .ljli...~lllll5tdlh'C~ bil~Ill :se~';DYf2 be dispvsed 01 ;.Ut0 lilt Hldtin.:.1. basin. Sewage shall be disposed of appropriately and in conformance with all pertinent health codes and state statutes. Noise shall be kept to a minimum at all times. Patrons shall use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or disturbance. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats except fot t he ('leal: ino of l he uncle t side (,I the vesse 1 by iellclJi L 01 ploperly Iicer;sed p;:ofess fOnal., I. I d. 9. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Doel: I,l"stet and the CRA. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. i U. ru;':lilISl <it. CjdsollfH,; OJ dil; ] rO~F,;lCd V(:sst..,ls llVill tll"-.!l L!.l(cL::il "<iLS .S'.l, S:()ntiii!1.':lS shal] be p'.()hiIJitE;d in Ule slip 01 lI1aritk, basin. of portElble g.s.solinc cans or cont.ainet:s is pl~,)hibited in t~IC fr;,:'1tina a.reas. !<j! tbbl~ S!::o.!-dSie Gnd slip II. Laundry shall not be hung on boats, docks or finger piers in the basin, nor shall "for sale" signs be put on boats without written permission from the CRA. 1/ .;rhe CRA reserves the right to limit and govern parking spaces in the CRA parking areas. 13. Violation of the above rules and regulations, disorder, or indecorous conduct by any patron, or his crew or guests, that might injure a person, cause damage to property or harm the reputation of the CRA shall be cause for immediate removal from the basin of the boat in question. { Deleted: i f Deleted: appreciated and L~eleted: i r D~';ted; eRA J 1 { Formatted: Bullets and Numbering ) [Deleted: Notify dock ] .a. ttendant tor anything that ~';,::'e:~O:: :;.:~"., L~I!te~: ewn!r ) r Del~ted: eRA 1 f Dereted: . r Deleted: , ~<tY~Te~ICRA East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: September2,2008 x I Consent Agenda I Old Business I I New Business 1 I Public Hearing I I Other SUBJECT: Approval of Funding up to $1 ,SOO from the Community Meeting Grant Program to Inlet Cove Association (INCA) for their monthly community meetings in FY 2008/2009. SUMMARY: At the March 2S, 2008 CRA Board meeting, the Board approved the Community Meeting Grant Program. This program provides up to $1 ,SOO, on an annual basis, for Community Groups and HaAs, in the CRA District, to hold their meetings at a city facility. This program has remaining funds from FY 2007/2008 in the amount of $9,000. Although this program was not reinstated for FY 2008/2009, the cost of these meetings can be used from the remaining program funds ofFY 200712008. INCA has submitted an application for funding for their monthly meetings, held the second Wednesday of each month from October, 2008 through September, 2009. They would like to hold these meetings at the Intracoastal Park Clubhouse. The cost per meeting is $72.28 as broken down below. The total cost for these twelve (12) meetings is $867.36: · $3S.00 - one-hour rental fee · $2.28 - .06S% sales tax · $3S.00 - one hour staffinl! fee · $72.28 - TOTAL per meeting FISCAL IMPACT: $867.36 from remaining funds in FY 200712008 CRA PLAN, PROGRAM OR PROJECT: Community Meeting Grant Program RECOMMENDATIONS: 1. Approve use ofremaining funds in FY 2007/2008 for Applicant in FY 2008/2009 until aU funds are expended. 2. Approve the application for INCA's Community Meeting Grant. ~cJt~ Susan Hams Finance Director T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Requesl Forms by Meeting\FY 2007 - 2008 Board Meetlngs\08 09 02 CRA Board Meeting September\lNCA Communlly Meeting Grant.doc Meeting Minutes Community Redevelopment Agency ~nton 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 ~ynton 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 eRA 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, Florida June 10, 2008 be offered for sale on the premises. Live entertainment would be provided by the Ovation Band and fireworks by Gruccl. Mayor Taylor would deliver a speech, a patriotic salute would be offered by the FIre and Pollee Honor Guards, and a soloist would sing the National Anthem. V1. Consent Agenda A. Approval of Minutes - CRA Board Meeting - May 13, 2008 B. Approval of Minutes - CRA Board Special Meeting - May 20, 2008 C. Approval of the Period ended May 31, 2008 Financial Report D. Approval of Funding up to $1,500 from the Community Meeting Grant Program to Inlet Cove Association (INCA) E. Approval of a Commercial Facade Improvement Grant to FIrst Financial Plaza F. Approval of Purchase and Development Agreements between the CRA and Habitat for Humanity for 219 NW 11th Avenue G. Approval of Board Travel to International Downtown Association's (IDA) 54th Annual Conference - September 11-14, 2008 H. CRA Policing Activity Report for the Month of April 2008 and District Statistics for the months of April and May 2008 (Info. Only) I. Update on Police Athletic League Request for Funding (Info Only) J. Boynton Harbor Marina Operations Update (Info Only) K. Boynton Beach CRA and Trolley Website Updates (Info Only) L. INCA Views Newsletter (Info Only) Items H, I and J were pulled by Vice Chair Rodriguez for discussion. Motion Ms. Ross moved to approve the Consent Agenda, with the exception of Items H, I, and J. Mr. Hay seconded the motion that passed unanimously. V11. Pulled Consent Agenda Items: H. eRA Policing Activity Report for the Month of April 2008 and District Statistics for the months of April and May 2008 (Info Only) Vice Chair Rodriguez asserted the statistics did not provide any basis for comparison for 2007 and 2008, and the effect of the addltlonlonal the five eRA pollee officers could not be 2 ""\ IIl~RY~T2~ eRA _ East Side-West Side-Seaside RenaIssance BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMUNITY MEETING GRANT PROGRAM APPLICATION Dale: ~(.;J::l to'\{ E-mail: location of Meeting: Date of Meeting: c;:) ..-.+r-~oa.-s-fG-~ <A.-t \( c.~~~ -- W<Ld....~da..-.J ok' <2-c CJ.- ~-+z::,b.j,'" 1e{'l/OI? - Hours of Meeting: 7prv"\ - 8el"Y\. \ ~~V--, c.,,'~ 9 (9 (G <[ The applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Homeowners Association Grant Program, and it is true and complete to the best of the applicant(s) knowledge and belief. Applicant(s) understand that damages to any City facility cannot be reimbursed by the eRA and will be the sole responsibility of the applying community group or HOA. APPI~t: t2- (. N ~o....- 'V\.~r-~ "'~ Signature , ts J> G ~ M.lA...r-~ "'- Print Name: :.J- Dale: 1=-\ c~ Applicant: Signature Print Name: Date: ~ BelCh CommunltyR~Agaocy CommJI'llly MetlIng Gr8lII App8c:lItion CreatH 2I2llIOll 1I~5~-. W , CD .' ,-" '. ". ~ CITY OF BOYNTON BEACH AUG 2 51.IJOa RECREATION & PARKS DEPARTMENT Facility/Field Use Application Form ORGANIZATIO~/;~DIVIDUA~;TN C .~ ~*- C-e\t<<- ks~" Type: _ Individual _ Business V Non-profit Other CONTACT ~ERSON (if Organization)'"15a-\.\ ~~ yv'\ u..r~'\. '-\ _ ADDRESS: 7bc> M~(~.:~NQ/..s: l.Jo-~ ~ ~dz,~ f5d, 3:r '-!JS- Ci Zip Code PHONE #'S: (HOME) '7...3 ,=,- .2... ~<1 cr (WORK) ~ C-ll.-ll 1P (CELL) -:3 f:L -7S Lffp 1. FACILlTY/FIELD:~\:-\ c..... L~~ +C,-1 <Fc-r K. Ctu..~ ROOM:dCLS S'(' ~""'" Cor- - ~~ f('....J~4-""(L~ 2. REQUESTED DATE & TIME (please indicate a.m. or p.m.): # OF PEOPLE: .:30 Single Use: Date Hours: from to Weekly: Dates Hours: from to MonthIY:c:? "t~ Day- of Week 'Well. Start Dat~:I(J End Date: - Hours:, .oJlln - y~ W.:...cl. eo...c.M """"~. S.c..e... Q-K" J2..S ~ ~,7L~ I 3. SPECIAL INSTRUCTIONS (please use the "FACILlTY/J IELD PREPARA TI /II REQUEST' form to detail special set up or maintenance requirements two weeks prior to event date) 4. PROGRAM INFORMATION (please check all appropriate categories): Educational Political Religious Recreational Private Function V Meeting Other (please describe below) Fund-raising* Admission Fee* Food/Drink Being Served Food or Items Being Sold (list below) Please briefly describe type and purpose of meetjng and if the meeting Is C! fundraiseWist for wholJ,l the funds ar~ being ralsed:::t:"' N ~ l.J...)0-..S [ ('\ co (' e r-~-t- -e!.-~ u"\ ( 1c::r;;:) ~~-t ~r ("cO~...\- 9' - h.oc ~~o,"\. (" \':".o)l: -V~ ~~hC> lci ~ -ib e. \'..Qt.;. '-l v ~ c:Jo ~ S- f,Ul-S' c.so I:'\.C 6U-("'" r.\~:J · *If your function involves fund-raising or an entry/admission ee, please list Information requested below: Projected Attendance: Gross Revenue: Entry FeelTeam: Entry Fee/Person: I agree to comply with all "special considerations" listed on the facltlty/fleld use Information form. SIGNATURE OF APPLICANT: ~~~ ~~~ DATE: 1S(Cl<;l~ FOR OFFICE USE ONLY Facility Fee: _ hrs x $_/hr = $ Bill Code: NR_ R_; NP _ Prv_ Comm_ Field Use: _ hrs x $~r = $ Sub-Total Above $ Sales Tax (6.5% of sub-total) $ Staffing Fee: _ hrs x $35/hr = $ Field Preparation ($35/hr per person). .. $ Custodial ($50-$150 per event). . . . . . $ Field lights: _ hrs x $-'hr = $ _ Approved Rejected (reason) Authorized by: . Date: (Recreation Supervisor) Deposit Payment (Yz fees) $ _ Check # _ Date_ Balance Payment $_ Check # _ Date_ (including Damage Deposit) Proof of Insurance Rec'd Date: Or TULIP application & check forwarded to Risk _ Date:_ R.evised 712~108 No tax charged for non-profit groups. MUST attach copy of tax exempt certificate for non-profits. TOTAL FEE.. .. .. . .. .. .. . . .. . . $ G CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT FACILITY/FIELD PREPARATION REQUEST NAME OF PROGRAM/GROUP/EVENT: -=r NC~ ~ \-d- ~V-.!L -ksf;~c) LOCATIO~"c--Cac-~;:\.ti-.1 =(>~ k ~~DATE (S): Co' S~+-<l-J W-c~ PROGRAM TIME: BEGINS TJ ,:; Oaf' ""'- ENDS ~ f ft-'\.. BREAKDOWN TIME ~ao8 Q66<=J fa/g/Cs~ -({I'-//O~ '(Irt/G II f 12/08' df Jl I 01 . I ( I {2j {6{~ 3/ tiles, S \ '2.(6'1 NO V '-l/8'/ C'; '1 9. (q 10'1 LECTERN REQUESTED: YES NO V Sf (~I <S I MOVIE SCREEN REQUESTEQ: YES NO V ~( {6( <S I MICROPHONE AND ST~D (CIVIC, SENIOR CENTERS & INTRACOASTAL PARK CLUBHOUSE): YES NO -/ ROOM ARRANGEMENT<rGla~sro~m lttY~, theater style, U-shape, etc.): C~a...5S ~ C>o ~ 'S.-+~ lSL SET-UP TIME # OF 8 FT. TABLES REQUESTED: .. '3 # OF CARD . TABLES REQUESTED: # OF CHAIRS REQUESTED: a:5:" - .3 0 # OF 9FT.l6FT ROUND TABLES REQUESTED: PORTABLE SOUND SYSTEM REQUESTED: . YES ------------------------------------~----------------------~-------------------- BASES REQUESTED: FIELD LINED: LIGHTS: FIELD DRAGGED: KEYS TO RESTROOM FACILITIES: FIELD ARRANGEMENT (Requirement for specific length between bases, etc): OTHER PERTINENT INFORMATION~a ~Ul.....>- tYJR-~:J .\ce.~~ ~ CONTACT PERSON: ~\.\'~~M~ ADDRESS: 7feo M~ (LoNJLu-S DATE SUBMITTED: FOR DEPARTMENT USE ONLY APPROVED BY: DATE: ASSIGNED TO: Revised 7/24/08 . CITY OF BOYNTON BEACH STANDARD HOLD HARMLESS AND INDEMNITY CLAUSE T N c..--t\. (Name of Lessee), Its Officers and Members shall, through the signing of this document by an authorized party or agent, indemnify, save and hold harmless the City, its agents and employees from any claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents or employees, by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, or arises out of the negligent or any act(s} or 0 'ssions of Lessee. c:- V . \...v- ~'0'-~ ~.9-""+- 2- L.- b a .gnalure of ReP'l'~ntative Title ^_ . ~ Date C-A.. ~~l-<'"* ~utZ- 't-'%S6C~ Name of Organization - Recreation & Parks Department Title Date DAMAGE DEPOSIT AGREEMENT -:;:r0L,A .~ ft-+ loJ{ 4ssrJ!.-: (Name of Lessee), shall, through the signing of this document, agree to submit a "damage deposit" for use of a Boynton Beach Recreation and Parks Department facility ("facility") in the amount of $300. I understand that by signing this document and taking possession of the facility. I agree that the facility was in good, sanitary order, condition and repair, and with no defects of any sort, upon receipt. I understand that, as the Lessee, I am responsible that the facility will be returned to the City in the same good, sanitary order, condition and repair as delivered to the Lessee. I understand that if, for any reason, there is damage to the facility upon completion of the Lessee's use of the facility, and a City inspection of the facility is conducted, the damage deposit will not be refunded. I understand that should the City incur any costs or expenses for the clean-up of the facility following its use by the Lessee, these expenses will be deducted from the damage deposit and any additional charges will be the responsibility of the Lessee. As the Lessee, I also agree to complete any necessary clean up after the event, including the removal of any trash from the facility and its surrounding area, and removal of all personal items, including linens, chair covers, catering equipment, all left over food products, and/or disc jockey and band equipment prior to the Lessee's departure, as part of our fee waiver. I understand that no equipment or items of any kind brought into the facility can be left at the end of the event or stored at the facility either before or after the event per City of Boynton Beach Recreation and Parks Department Administrative Policy number 07-001. R_ -I ,.,.J (;L ~l4--',~ f? l,(- i-) ~ + ~e'1of Representative r -1~ T~le 'TNLA ~ J<~I c-vJ-e. A-~su.... Name of Organization tf;)-sfor; Date Recreation & Parks Department Title Date Copies to: lessee/Risk Management Revi,ed 7/24/08 2008 NOT -FOR-PROFIT CORPORA liON ANNUAL REPORT DOCUMENT# N95000005055 'en'ill:y~ame: 'fl'irL"E'l GeNE: ASSOOI\TIOI'iI, 'fNC. FILED Apr 13, 2008 Secretary of State Current Principal Place of Business: 836 EAST DRIVE BOYNTON BEACH, Fl 33435 US New Principal Place of Business: 611 NE 7TH AVENUE BOYNTON BEACH, Fl 33435 US em,,,,^,.falNir'fg ~"". 836 EAST DRIVE BOYNTON BEACH. Fl 33435 US \Wtt.falNtrtg ~"&~ 611 NE 7TH AVENUE BOYNTON BEACH, FL 33435 US FEI Number: 26-4080909 FE' Number Applied For f ) FEI Number Not Applicable ( ) Certificete of Status Desired ( I vcc~. 'L'U'~U 836 EAST DRIVE BOYNTON BEACH, FL 33435 US Name and Address of New Registered Agent: COOt.lE:'F<. ~'CIL~f 'D "'i'F<'EA~\YR: 611 NE7THAVENUE BOYNTON BEACH, FL 33435 US Name and Address of Current Registered Agent: The above named entity submits thIs statement for the purpose of changing its registered office or registered agent. or both, In the state of Florida SIGNATURE: BRADLEY D COOPER Electronic Signature of Registered Agent OFFICERS AND DIRECTORS: . 04/1312008 Date ADDIT10NS/CHAN~ES TO OFFICERS AND DIRECTORS: n~: Name: Address: Clty.St-Zlp: Tille: Name: Address: City-st-Zip: TIlle: Nilme: Addreu: City-51-Zip: Tille: Name: Address: City-st.Zfp: ,D,D .( I' J:L"IL'\\!> OECAMARA. lULU 838 EAST DRIVE BOYNTON BEACH. Fl 33435 VPO ( ) Delete BUCHANAN, BUCK 807 OCEAN INLET OR BOYNTON BEACH. FL 33435 TO ( ) Delete MORRIS. GENEVIEVE 660 SOUTH ROAD BOYNTON BEACH, FL 33435 SO ( ) Delete CHANDLER,NANCY 914 NE 7TH ST BOYNTON BEACH, FL 33435 7.\\l!\' Name: Mci'ess: Cfty-st-Z1p: pc. ,~'i)t;,ta~.( 1'.4.sIsfltln':' MURPHY, BELINDA 760 MARINERS WAY BOYNTON BEACH. FL 33435 VPO (X) Chanlle ( ) Mallian KEITH. JONATHAN 641 SHORE DRIVE BOYNTON BEACH, Fl 33435 TO (X) Change ( ) Addition COOPER, BRADLEY 611 NE 7TI-f AVENUE BOYNTON BEACH, FL 33435 SO (X) Change ( ) Addllion MELLEY, PAULA 720 MARINERS WAY BOYNTON BEACH. FL 33435 I hereby certify that the information supplied with this filing does not qualify for the exemption stated In Chapter 119. Florida StaMes. I further certify that the information indicated on this report or supplemental report is true and aoourate and that my electronic signature shall have the same legal effect as if made under oath; that I am an offioer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears ~*tI, 'tII tIrJ'Ctl"l~trrMt\'t4Nr'~I~~'s.. Wttr."ClI. ttlrl'C!i ~I",~w~~. Tille: Name: Address: City.st-Zjp: Title: Name: AddNlss: Cily-St-Zip: Title: Name: Address: CIly-St-Zfp: SIGNATURE: BRADLEY D COOPER Electronic Signature of Signing Officer or Director TD 0411312008 Date 1IJ!I~~Y~Te~ eRA _ East Side~ West Side~Seaside Renaissance eRA BOARD MEETING OF: September2,2008 I Consent Agenda I Old Business I I New Business I I Public Hearing I X Other SUBJECT: CRA District Stats for the Months of July and August 2008 (Info. Only) SUMMARY: Monthly report, providing activity and data on Crime in the CRA District: July 2008: · Crimes -71 · Arrests - 15 · Calls for Service - 1584 August 2008: · Crimes - 67 · Arrests - 14 · Calls for Service - 1504 FISCAL IMPACT: Cost budgeted in 2007/2008 from General Fund Budget 01-53120 CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations RECOMMENDATIONS: Info. Only T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed ABenda Item Request Forms by Mecting\FY 2007 - 2008 Board Meetings\08 09 02 CRA Board Meeting September\CRA Crime Monthly Slats 0808.doc Boynton Beach Police Department Year-To-Date Crime Report 2007/2008 CRA District AUGUST 2008 CRIMES Aug-08 Aug-07 + 1- Jul-Oa + 1- Y-T-D Y-T-D + 1- 2008 2007 Criminal Homicide 0 0 0 0 0 1 2 -1 Sexual Offense a 1 -1 a a a 3 -3 Robberv 5 4 1 5 0 55 40 15 Aaaravated Assault 6 9 -3 8 -2 84 107 -23 Buralarv 15 14 1 18 -3 108 127 -19 Larceny 33 29 4 34 -1 246 281 -35 Auto theft 8 9 -1 6 2 48 33 15 TOTAL 67 66 1 71 -4 542 593 -51 ARRESTS Aug-08 Aug-07 + 1- Jul-oa + 1- Y-T-D Y-T-D + 1- 2008 2007 Criminal Homicide 0 0 0 0 0 1 4 -3 Sexual Offense 0 0 0 0 0 0 0 0 Robberv 2 0 2 3 -1 20 7 13 Aaarayated Assault 5 5 0 5 0 48 53 -5 Bumlarv 0 5 -5 1 -1 13 28 -15 Larceny 7 8 -1 5 2 45 66 -21 Auto theft 0 1 -1 1 -1 5 2 3 TOTAL 14 19 -5 15 -1 132 160 -28 Jul-oa + 1- 1504 1640 -136 1584 -80 -677 9/212008 ~.. if i~ /!; 1IJ~~~Y~Te~Ic RA _ East Slde~West Side~Seaside Renaissance eRA BOARD MEETING OF: September2,2008 I I Consent Agenda I Old Business I I New Business I I Public Hearing I X I Other SUBJECT: CRA Policing Activity Report for the Month of July 2008 and District Stats for Months of July and August, 2008 (Info. Only) SUMMARY: Due to the fact that this Board Meeting is taking place on September 2, 2008, the District Stats for Months of July and August 2008 will be supplied the night of the meeting. FISCAL IMPACT: Cost budgeted in 200712008. CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations RECOMMENDATIONS: Info. Only T:\AOENDAS, CONSENT AOENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meelings\08 09 02 CRA Board Meeling September\CRA Crime Monthly Slats.doc 07-01-08 07-07-08 07-14-08 07-21-08 eRA Police Team MONTHLY ACTIVITY REPORT MONTH: JULY 2008 -QOL SWeeps throughout eRA District yieiding 7 arrests .Salute to Irtdcpend.ence Detail at Irttracoastal Park -lJicycle Pllfrol throughout CRA District with an emphasis on Sterling Villago, Marina Village, and Coastal Towers -^"endeti CAABoiU'd Meeting -cAA O(ficets attended and assisted the Mike Rumph Football Carrip for the week -Extra Patrol at 100 E Boynton Bea.ch Blvd reference to a complaint abOut the CRA TrOlley Stop .Coil.dupted BUfglary Suppression at Sterling Village reference to a spike in forCed entry Burglaries .~s$is,t~dtl1~rtllffic Unit With a QUadlATV operation in the 1I0a, Which yielded 3 arrests and 3 ofl'road vehicle impoulJ,ded -Due to a large cllll volume, the CRA unit assisted Road Patrol with calls for service in the CRA District -Con<lucted Blifgt8l')'Suppression at SterUngViIlagetefereoee toa ij)lkein forCed entry Burglllnes -Extra Patrol at 100 E Boynton Beach Blvd reference to a complaint about tile ORA Trolley Stop -Due to a large call volume, the ORA unit assisted Road Patrol with cali$ for service in the CRA District -Col!~~~to~ ~utgl~Suppression alo~Railroad Ave and Fe<lefal Hlgb.",.y, which yiel<led an arrest for an individual th~t was responsible for 4 auto burglaries -Prostitute Sweep on South FederalllighWllY yielded 5 arrests .Conducted extra patrols on all City Parles in CRA District -Bicyclo Plltrolsalong North Federallligb.way .Assls!ed CttplePrev-ention at the C.rolyn Sims Center JjfmQce to tin i:W:J:l.t ';<::P9~9~i~mJI8l')'~upp~()n at Sterijn.jyq~jereroreJ:l.Cno,<'~'lji'fo~~..J!~~ ~~ f~!!91~t 109 BlJo)'llton Beach lJlvd ret~~e t()ac9IllpJ~j~f~~~l ~ (JM ~M~ StoP ~nu~to .a~~e callvotUfue, tile.CU \1riitassfste4 'll()lcJ Patrol Witlt~~~ceittihe9RA.DJstrict ..T~tl1c~lifo~m~nt in the HOB ~ atidSo@t f'~OOR~W.YC9ffi~()t ~t19~~~R!~~~r~tt9ts _tall citY :ParJc$mtb~CMIl?i~trict ~li.W~ll~p~p:tCR.l\ blstrlctYlel<tbti7 ~sts f ~~j~Y~T8~ ,eRA iIi East SideNWest Side NSeaside Renaissance eRA BOARD MEETING OF: September2,2008 I x I Consent Agenda I Old BusIness I I New Business I I Public Hearing I I Other SUBJECT: Boynton Beach CRA and Trolley Website Statistics SUMMARY: Monthly report, generated by Google Analytics, providing data on the number of visitors to the CRA and Trolley websites: Julv 25 - AUimst 24 (last month) Julv 4 - AU2uSt 3 Agency: 1,144 Agency: 1,286 Trolley: 601 Trolley: 565 FISCAL IMPACT: Cost budgeted in 2007/2008 from General Fund Budget CRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area (TCEA) RECOMMENDATIONS: Info. Only )\lH~~~ Margee Adelsperger Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 . 200S Board MeeUngs\OS OS 12 CRA Board Meeting. August\Monthly Webslte Stats Aug 082SOS.doc Dashboard - Google Analytics Page lof2 adelspergerm@cl.boynton-beach.fl.usl Settings I My Account I Help I Sign Out Analytlcs Settings View Reports: WNW.boyntonbeachcra.com Saved Reports Dashboard I Dashb.. . Visitors Traffic Sources Content Goals Settings Emil! Help Resources A!2QyUhis BigQtl Co!1V~ Univer\iiity Common Qu~ I Export It Emalll C<<A :s' T€ My Analytlcs Accounts: Boynton Beach CRA Jul 25, 2008 - Aug 24, 2008 Comparing to: Site Graph by: Day I Week I Month I Visits :. ("'-\ /V-' (\1\ ^/\... : ~ ..' \... .., "-. IAU9\lIIU031 lAug;JsttuOil I Alig.lll II. 2001 -l-\"'....._^V' 46.24% Bounc~ Rate -v-~~-"v, 00:02:47 Avg. Time on Site A../v]\....MI 50.000/0 % New Visits Il Map Overlay " - view report II Content Overview P.ges Pag.vl.~ P.g.vl.... IprojectLCJ~U~Jlg~c:l... . 1,074 30.57% 227 6.46% IMt212m I Site Usage J\r~ 1,144 Visits ,-^/V'\M.-. 3,513 Pageviews ",rJ,p/\,'vov.....A. 3.07 PagesNislt I Visitors Overview lindex.php 217 6.18% 687 Visitors vl~w report I Traffic Sources Overview Search EngInes 460.00 (40.21%) Direct Traffic 377.00 (32.95%) Referring Sites https://www.google.comlanalytics/reporting/?reset= 1 &id=4528679&scid=243617 5 8/25/2008 Dashboard - Google Analytics Page I of2 adelspergerm@cl.boynton.beach.fl.usl Settings I My Account I Help I Sign Ol,lt Analytlcs Settings View Reports: WNW.boyntonbeachtrolley.com ,-1C ~'-'--.; y :s i T e My Analytlcs Accounts: Boynton Beach Trolley . Dashboard I Saved Reports Visitors Traffic Sources Content Goals SettIngs Emil! Help Resources About this BigQtl CQnv.erlljQO !.Iniv~rsity Common Q.uDtiQD.J Dashb.. . Jul 25, 2008 - Aug 24, 2008 Comparing to: Site I Export II Email Graph by: Day I Week I Month I Visits Ii ;.\ .",,\ /' 1\ lJ .-. 1 '-''',, >>". /....1\.1 \ \ / · \ ........,. 't) ~ I;' / ,/ IMy 2lml I Site Usage .~{\r'-y^/ 601 Visits "'-'rMrvA, 1 ,606 Pagevlews I AlP II, 2001 IAur.nl'~2OOI f Aut.nl 4.100' ,,-.r-..f\.r..,., 39.60% BOlinc::e Rate 00:02:03 Avg. Time on Site Af'V-J-\f-'\J v._../\!^-r"-- 2.67 PagesNisit -'v~-N-V' 70.880k % New Visits I Visitors Overview II Map Overlay " - 467 Visitors view report view report I Traffic Sources Overview II Content Overview Pages Pagevl.wI.(, Pag.vl.... R.ferring Sites 752 46.82% 331.00 (55.07%) Im;:1p.pbp 604 37.61% Search EngInes 189.00 (31.45%) If;:1Q!i.pbp 63 3.92% Direct Traffic https:/ /www.google.comlanalytics/reporting/?scid=2436191 8/25/2008 ~ ~ . I.ce~- ws ~ - .. .. ! . , . '. .~ > - . ..~. ..::-:~~ :... t.,," ~ '.'~... -.;:a '_\." - ..,. . - .-.... "'_0; Past Presidents: Jerry Broening, Susan Buchanan, Harry Woodworth, Brian Edwards, Tom WIlli, Maryanne Duncan, David Fellows, Suzette Urs, Buck Buchanan, Steve Homrich, Stan Nitkowskl, Lulu DaCamara ..-- Monday August 11th @7:00 p.m. Location: the Senior Center The August 11 meeting is a Board of Directors meeting, open to the public, at the Senior Center. We will decide on future monthly meeting dates as It relates to the eRA grant. There wlll be discussion on Steve's Idea to adopt a median and Paula's Idea regarding a past presidents' forum, and a review of old business as well. E.IIII U.I.. Many of you are receiving this Newsletter via email this month. More than 20% of you have provided your email address. Thank you very much @ Please send your name, E-Mail address, phone # and street address to morris_g@bellsouth.net so you can be added to the list and receive the newsletter electronically. NOTE: We DO NOT SHARE OUR EMAIL LIST with anyone, and It will ONLY be used for legitimate INCA related communication. Under no conditions wlll we ever share this list with anyone for any other reason, No matter how well Intentioned. Illalllll RIIIIII T8l1rllllle_ 11I11111rI1 Mariners Village 8th Annual Tourney (July 12): Cateaor"(: CaDtaln: Largest Fish Danny Jacques Dolphin Mike Goode Klngfish Bob Morganelli Treasure Chest #1 Jim Loslnger Treasure. Chest#2 Clark Kilby #1 Lady Angler Casey Rodriguez Reef DOH 5th Annual Tourney (July 19): l' Place Brian Rayfield 2nd place Ben 3rd Place Woody Boat Name: Sea Breeze Bad Habit Bout Time OneFish TwoFish Big Stuff Reef Dog My Sanity Team Woody Welaht: 20.8/b Dolphin 6.61b 16.21b 6.81b Klngfish 15.0 Ib Kingfish 36.0 Ib Wahoo 21.0 /b King 20.0 Ib King Each of these tournaments Is getting better every year. EX: This year Mariners Village had a Margarita contest for the first time.-Winner: Bebe Rodriguez! f:!QI5: Both tournaments had numerous sponsors, donations, volunteers, etc. who deserve heartfelt thanks for their participation. Due to space constraints, we cannot acknowledge everyone In this newsletter. However, we realize you are all fundamentally responsible for the success of these events. THANK YOUI INCA Views 1 INCA CONTACTS OFFICERS President: Belinda Murphy 312-7546 Belindabythesea@bellsouth.net 760 Mariners Way Vice President: Jonathan Keith 752-2046 Jkeith@iwkoa.com 641 Shore Drive Treasurer: Brad Cooper 740-9579 URSCOOPER@aol.com 611 N.E. 7th Avenue Secretary: Paula Melley 310-3970 paula@mellevconstruction.com 720 Mariners Way DIRECTORS Coquina Cove: Pam Keith 752-2046 Pkeith@iwkpa.com 641 Shore Drive Harbor Estates: Genevieve Morris 732-5244 morris Q@bellsouth.net 660 South Road Harbor Hall Inlet Club II: Betty Rudy 752-0699 Brudv67585@aol.com 689 N.E. 6th eourt, #104 Manatee Cove: Pat Dolan 742-2966 N/A 704 Mariners Way Mangrove Walk: Nancy Chandler 767-0836 chandlem26@vahoo.com 914 N.E. 7th Street Mariners Village: Susan Weeks 767-6480 sowolumbtalaol.com 743..2 N.E. 12th Terrace Murano Bay: Bob Knorr 734-1462 BaQPioeBob@msn.com 3010 Murano Bay Drive W.S. Shepard's Sub.: Betty Roe 436-8420 businessmQr@palmbeachnational.com 637 Oak St Yachtman's Cove: John Alvaroe 738-9579 JOHNALVAROE@aol.com 660 N.E. 15th Place - USEFUL LOCAL PHONE NUMBERS Bovnton Beach P. 0.- Non-Emergency 732-8116 Cltv of Bovnton Beach-- 742-6000 (Website: www.bovnton-beach.org) District II CommissIoner Woodrow Hay 310-7095 Cltv Manaaer- Kurt Bressner 742-6010 Mavor-~ Jerry Taylor 734-7940 CALENDAR OF EVENTS MEETINGS Mon, August 11--INCA Open Board Meeting @ Senior Center, 7:00-8:00 p.m. Tue, Aug 12-CRA @ 6:30 p.m. Tue, Aug 19-City Commission @ 6:30 p.m. Tue, Aug 26-P&D Board @ 6:30 p.m. Tue, Sep 2--City Commission @ 6:30 p.m. Mon, Sep 8-INCA General @ Senior Center-7:00 p.m. (Meetings @ City Hall unless otherwise specified.) HOLIDAYS Sat, Aug 16-National Airborne Day Tue, Aug 19-National Aviation Day Mon, Sep 1-Labor Day Tue, Sep 2-VJ Day Sun, Sep 7-Grandparents' Day SPECIAL EVI!NTS Jun 2 - Sep 9-Woolbright Avenue bridge @ the Intracoastal closed to pedestrian and vehicular traffic due to repairs! Effective August 4-garbage, recycling, bulk/vegetation pick-up changed for INCA area; as follows: Garbage = Wed & Sat; BulkNegetation = Wed; Recycling = Sat INCA Views 2 II :~lj! \,,1(61 ,tie" , ~~~~Y~Te~lc RA ill East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: September2,2008 I I Consent Agenda I Old Business New Business I X I Leaal Other SUBJECT: Proposed Resolution Recommending the Amendment of the CRA Plan and to Modify the Redevelopment Area Boundary Description to Confirm Inclusion of all Unincorporated Enclaves Annexed Into the City After November 8, 2000; Supporting Automatic Inclusion of Annexed Unincorporated Enclaves into the Redevelopment Area; Resolving Issues of Retroactive Reallocation of Ad Valorem or TIF Revenues Between the City and the Community Redevelopment Agency SUMMARY: Ordinance 00-59 which was adopted in November 8, 2000, amended the Community Redevelopment Area boundaries and extended the reach of those boundaries from the North jurisdictional boundary of the City to the South jurisdictional boundary. Ordinance 00-59 did not specifically address unincorporated enclaves within the described Community Development Area boundaries. The purpose of the proposed Resolution is to clearly establish that when unincorporated enclaves were or are annexed into the City that those properties that were annexed into the City since the adoption of Ordinance 00-59 but which are not reflected in the Palm Beach County Property Appraiser's records as being included in the Community Redevelopment Area. Adoption ofthis Ordinance will resolve any doubt regarding the status of those properties as well as properties which are annexed in the future. FISCAL IMPACT: There will be an increase in TIF revenues to the CRA. CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan (adopted 2001) and Plan Update (adopted 2006). RECOMMENDATIONS: Adoption of Resolution 08-05 amending the Community Redevelopment Plan to amend the boundaries of the Community Redevelopment Area. AL TERNA TIVES: Amend the CRA boundary designation to specifically exclude annexed enclaves. J! C.~ ~t i* Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\CompJeted Agenda Item Request Forms by Meeting\FY 2007 . 2008 Board Meetlngs\08 09 02 CRA Board Meeting September\Boundary Amendment.doc 1 RESOLUTION 08-05 2 3 A RESOLUTION OF THE BOYNTON BEACH 4 COMMUNITY REDEVELOPMENT AGENCY 5 RECOMMENDING TO THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH FLORIDA THAT 7 THE COMMUNITY REDEVELOPMENT PLAN BE 8 AMENDED TO MODIFY THE REDEVELOPMENT 9 AREA BOUNDARY DESCRIPTION TO CONFIRM 10 INCLUSION OF ALL UNINCORPORATED ENCLAVES 11 ANNEXED INTO THE CITY AFTER NOVEMBER 8, 12 2000; SUPPORTING AUTOMATIC INCLUSION OF 13 ANNEXED UNINCORPORATED ENCLAVES INTO 14 THE REDEVELOPMENT AREA; RESOLVING ISSUES 15 OF RETROACTIVE REALLOCATION OF AD 16 VALOREM OR TIF REVENUES BETWEEN THE CITY 17 AND THE COMMUNITY REDEVELOPMENT AGENCY 18 AND PROVIDING AN EFFECTIVE DATE. 19 20 WHEREAS, Flotida Statute 163.361 provides for amendment or modification of a 21 Community Redevelopment Plan including changes in boundaries of the redevelopment area to add 22 land to or exclude land from the redevelopment area; and 23 WHEREAS, Florida Statute 163.361 requires that the Community Redevelopment Agency 24 make recommendations to the City Commission regarding Plan Amendment, including, but not 25 limited to, boundary amendment; and 26 WHEREAS, the City Commission has heretofore described the boundaries of the 27 Community Redevelopment Area by adoption of Ordinance 00-59. The boundaries of the 28 Community Redevelopment Area as set forth in Ordinance 00-59 a north and south boundary that 29 was coterminous with the City's north and south jurisdictional boundaries; and 30 WHEREAS, the City Commission subsequent to the adoption of Ordinance 00-59 has 31 annexed enclaves and other property with the intent that those properties were to be treated as 32 within the Community Redevelopment Area; and 33 WHEREAS, the Community Redevelopment Agency finds that the enclaves that have been C:\Documents and Sellings\brooksvi\Local Settings\Temporary Internet Files\OLK48\CRA Boundary Reso(DK legal),doc annexed into the City subsequent to the adoption of Ordinance 00-59 shared, at time of annexation, 2 the same characteristics as other properties in the Community Redevelopment Area and that such 3 areas were, at time of annexation, slum areas, blighted areas, or areas in which there was a shortage 4 of housing that is affordable to residents of low or moderate income, including the elderly or were 5 costal and tourist areas that were deteriorating or economically distressed due to outdated building 6 density patterns, inadequate transpoltation and parking facilities, faulty lot layout or inadequate 7 street layout, or a combination thereof; and 8 WHEREAS, the Community Redevelopment Agency finds that there are additional 9 enclaves within the boundaries of the Community Redevelopment Area which, if annexed into the 10 City, should be deemed and considered part of the Community Redevelopment Area as they share 11 the same characteristics described in the foregoing whereas clause and that redevelopment of those 12 properties can be enhanced by Community Redevelopment projects and programs; and 13 WHEREAS, the Community Redevelopment Agency has reviewed the proposed City of 14 Boynton Beach Ordinance regarding amendment of the Community Redevelopment Area 15 boundaries; fmds that the intent and purpose of the Ordinance is consistent with the goals of the 16 Community Redevelopment Agency; and supports the passage and adoption of that Ordinance. 17 NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH 18 COMMUNITY REDEVELOPMENT AGENCY, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption. 21 Section 2. The Community Redevelopment Agency recommends modification of the 22 Community Redevelopment Plan and the boundaries of the Community Redevelopment Area as 23 hereinafter set forth: r24 C:\Documents and Settings\brooksvi\Local Settings\Temporary Intemet Files\OLK48\CRA Boundary Reso(DK legal),doc 1 (a) The boundaries of the Community Redevelopment Area are as set forth in the 2 following legal description: 3 BEGINNING at a point of intersection of the West right-of.way line of the Intracoastal 4 Waterway with the North line of the South one-half (S Y2) of the North one-half (N Y2) of Section 5 15, Township 45 South, Range 43 East, said North line being the North boundary line for the 6 City of Boynton Beach, thence run Westerly along the said North line, said North line being also 7 the centerline of Northeast 26th Avenue and its eastern extension thereof, said extension crossing 8 the F.E.C. Railroad, U.S. Highway One (S.R. #5), and fu11her being the North line ofthat part of 9 the South 150 feet of the North 1,455.5 feet of the Northwest Y4 of said Section 15, Township 45 10 South, Range 43 East, to a point on the West line of said Section 15; said West line being also 11 the East right-of-way line of Northeast 4th Street; 12 13 thence Southerly along the West line of said Section 15 to the Southwest comer of said Section 14 15, being also the Northwest comer of Section 22, Township 45 South, Range 43 East; 15 16 thence continuing Southerly along the West line of said Section 22, Township 45 South, Range 17 43 East, to a point on the N0l1h right-of-way line of the Boynton Canal (SFWMD C-16 Canal) as 18 currently laid out and in use; 19 20 thence Westerly along the said North right-of-way line of the Boynton Canal lying in Sections 21 21 and 20, to a point of intersection with the Northerly extension of the West right-of.way line of 22 West Industrial Avenue as shown on the plat of BOYNTON BEACH INDUSTRIAL PARK 23 NORTH, according to the plat thereof as recorded in Plat Book 43, Pages 20-22, Public Records 24 to Palm Beach County, Florida; 25 26 thence Southerly along the said West right-of-line of West Industrial Avenue and its continuation 27 in the plat of BOYNTON BEACH INDUSTRIAL PARK, according to the plat thereof as 28 recorded in Plat Book 25, Page 232, Public Records of Palm Beach County, Florida, to a point on 29 the South right-of-way line of State Road 804 (West Boynton Beach Boulevard) as currently laid 30 out and in use; 31 32 thence S. 81048' 30" E. along the South right-of-way line on West Boynton Beach Boulevar~ 33 (based on an assumed bearing of N. 87040' 46" E. of the centerline of West Boynton Beach 34 Boulevard), a distance of302.68 feet to a point; 35 36 thence S. 870 13' 22" E. along said South right-of-way line, a distance of 309.97 feet to a point; 37 38 thence S 800 25' 27" E. along said South right-of-way line, a distance of 50.95 feet to the 39 Southwest comer of Lot 5, Block 1, according to the plat of LAKE BOYNTON ESTATES 40 PLAT 1, as recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida; 41 42 thence N. 88006' 29" E. along the South right-of-way line and the South line of said Lots 3, 4 & 43 5, Block 1, LAKE BOYNTON ESTATES PLAT 1, a distance of 150.00 feet to the Southeast 44 comer of said Lot 3, and a point on the East line of Section 29 and the West line of Section 28, 45 Township 45 South, Range 43 East, Palm Beach County, Florida; C:\Documenls and Seltings\brooksvi\Local Seltings\Temporary Illtemet Files\OLK48\CRA Boundary Reso(DK legal).doc 1 2 thence S. 010 31' 31" E. along the said West line of Section 28, a distance of 506.58 feet to the 3 intersection of the centerline of West Ocean Avenue as currently laid out and in use; 4 5 thence S. 890 47' 31" E. along the said centerline of West Ocean Avenue, to its intersection with 6 the West right-of-way line of Seacrest Boulevard as cUlTently laid out and in use; 7 8 thence Southerly along the West right-of-way of Seacrest Boulevard to its intersection with the 9 centerline of Southwest 2nd A venue; 10 11 thence Easterly crossing Seacrest Boulevard and continuing on the centerline of Southeast 2nd 12 Avenue to the Easterly right-of-way line of the Florida East Coast Railway (FEC RIR) right-of- 13 way; 14 15 thence Southerly along the East right-of-way line of the FEC R/R, to a point of intersection with 16 the Westerly projection of the South line of Lot 20, DELRAY BEACH ESTATES, according to 17 the plat thereof as recorded in Plat Book 21, Page 13, Public Records of Palm Beach County, 18 Florida; 19 20 thence S. 730 45' 15" E. along said Westerly projection of the South line of said Lot 20, the 21 South line of said Lot 20 and its Easterly extension a distance of 680.21 feet to a point on the 22 Easterly right-of-way line of South Federal Highway (U.S. #1), said South line being also the 23 corporate boundary of the City of Boynton Beach; 24 25 thence NOltherly along the Easterly right-of-way line of South Federal Highway (U.S. #1), to a 26 point of intersection with the South line of the South 50 feet of the "Not Included" parcel 27 adjacent to Lot A, as shown on the plat of KING'S SUBDIVISION, as recorded in Plat Book 20, 28 Page 47, Public Records of Palm Beach County, Florida; 29 30 thence Easterly along said South 50 foot line to a point on the West line of TRADE WINDS 31 ESTATES, FIRST ADDITION, according to the plat thereof as recorded in Plat Book 22, Page 32 44, Public Records of Palm Beach County, Florida; 33 34 thence Northerly along said West line of TRADE WINDS ESTATES, FIRST ADDITION, a 35 distance of 50 feet to a point, said point being also the Southeast comer of said Lot A, KING'S 36 SUBDIVISION; 37 38 thence Westerly along the South line of said Lot A, KING'S SUBDIVISON, to the Easterly 39 right-of-way of South Federal Highway (U.S. #1) as currently laid out and in use; 40 41 thence NOlthedy along the said Easterly right-of-way line of South Federal Highway (U.S. #1), to 42 a point on the South line of Lot 8, KINGS SUBDIVISION, according to the plat thereof as 43 recorded in Plat Book 20, Page 47, Public Records of Palm Beach County, Florida; 44 45 thence Easterly, Northerly and Westerly along the South, East & North lines of said Lot 8, 46 KINGS SUBDIVISION, to a point on the said Easterly right-of-way line of South Federal 47 Highway (U.S. #1); C:\Documents and Settings\brooksvi\Local Settings\Temporary Intemet Files\OLK48\CRA Boundary Reso(DK legal),doc 1 2 thence Northerly along the said Easterly right-of-way line of South Federal Highway (U.S. #1), to 3 a point that is the Southwest corner (SW) of the plat of ESTANCIA AT BOYNTON BEACH 4 PUD, according to the plat thereof as recorded in Plat Book 108, Pages 25 & 26, Public Records 5 of Palm Beach County, Florida, said point being also on the North right-of-way line of Bamboo 6 Lane, a ptivate road; 7 8 thence along the following courses (based on the North line of the previous record plat known as 9 DAKOTA LOFTS, as recorded in Plat Book 97, Pages 132 to 134, Public Records of Palm 10 Beach County, Florida being S. 890 18' 46" W.); 11 12 S. 76027' 18" E., a distance of 150.00 feet to a point, 13 N. 110 16' 09" E., a distance of 13.95 feet to a point; 14 N. 890 18' 46" E., a distance of248.79 feet to a point; 15 N. 05026' 06" W., a distance of94.50 feet to a point; 16 N. 890 18' 46" E., a distance of 300.00 feet to a point on the West right-of-way line of the 17 Intracoastal Waterway as currently laid out and use; 18 19 thence Northerly and along the West dght-of-way line of said Intracoastal Waterway to the 20 POINT OF BEGINNING. 21 22 LESS all of Lots 39 & 40, Lots 66 & 67, Lots 72 thru 76, and Lots 78 thru 112, including all 20- 23 foot right-of-ways connected thereto, as shown on the AMENDED PLAT OF TRADE WINDS 24 ESTATES, as recorded in Plat Book 21, Page 73, according to the Public Records of Palm Beach 25 County, Florida, and 26 27 LESS all of Lots 1 thru 5, including the 50-foot right-of-way for Miller Road, as shown on the 28 plat of KILLIAN'S PARK, as recorded in Plat Book 23, Page 195, according to the Public 29 Records of Palm Beach County, Florida. 30 31 32 The following described propel1ies which were annexed into the City of Boynton Beach 33 subsequent to the adoption of Ordinance 00-59 are expressly deemed included in the Community 34 Redevelopment Area as of the effective date of annexation of those properties: 35 36 37 TICKET CLINIC: 38 39 Lots 2 and 3, Less the Westerly 17 feet thereof, KING'S SUBDIVISION, according to the 40 Plat thereof, as recorded in Plat Book 20, Page 47, of the Public Records of Palm Beach 41 County, Florida. 42 43 44 BOYNTON BAGELS: 45 C:\Documcnts and ScUings\brooksvi\Local Settings\Temporary Internet Files\OLK48\CRA Boundary Reso(DK legal).doc 1 Lot 8, Less the Westerly 17 feet for road right-of-way, KINGS SUBDIVISION, according 2 to the Plat thereof, as recorded in Plat Book 20, Page 47, of the Public Records of Palm 3 Beach County, Florida. 4 5 6 BA YFRONT: 7 8 Lots 56 & 57, AMENDED PLAT OF TRADEWINDS ESTATES, according to the Plat 9 thereof as recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach 10 County, Florida, Less a portion of Lot 57 for right-of-way of State Road No.5 [South 11 Federal Highway] as shown on State of Florida Road Department right-of-way map 12 Section No. 9301-205. 13 14 15 THE VILLAS OF BOYNTON BEACH (fka TUSCAN VILLAS): . 16 17 Lot 1 and Lot lA of KINGS SUBDIVISION, according to the Plat thereof, as recorded in 18 Plat Book 20, Page 47, Public Records of Palm Beach County, Florida; less the Westerly 19 17 feet of said lots. 20 21 Together with: 22 23 AU that part of Lot C of KINGS SUBDIVISION, in Section 4, Township 46 South, 24 Range 43 East, Palm Beach County, Florida, as per Plat recorded in Plat 20, Page 47, 25 Public Records of Palm Beach County, Florida, except the following part thereof: 26 Beginning at the Southwest (SW) corner of said Lot C, thence run Northerly along the 27 West line thereof, a distance of eighty (80) feet, thence Southeasterly (SE) in a straight 28 line to the Southeast (SE) comer of said Lot C; thence run West along the South line of 29 said Lot C to the Point of Beginning. Further less and except the Westerly 17 feet for 30 road right-of-way. 31 32 33 PALM COVE: 34 35 That part of Lot 59, AMENDED PLAT OF TRADE WINDS ESTATES, a subdivision, 36 according to the Plat thereof, recorded in Plat Book 21, Page 73, ofthe Public Records of 37 Palm Beach County, Florida; lying west of the right-of-way of State Road 5 (U.S. 38 Highway No.1) as conveyed to Palm Beach County, Florida by a deed recorded in 39 Official Records Book 124, Page 638 of the Public Records of Palm Beach County, 40 Florida. 41 42 Together with: 43 44 Lots 37, 38 and 58 of the AMENDED PLAT OF TRADE WINDS ESTATES, according 45 to the Plat recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach 46 County, Florida, less that portion deeded to the State of Florida by instrument in Official 47 Records Book 104, page 35, Public Records of Palm Beach County. C:\Documents and Seuings\brooksvi\Local Settings\Temporary Internet Files\OLK48\CRA Boundary Reso{DK legal).doc 1 2 Together with: 3 4 Lot 15, of KILLIAN'S PARK, a subdivision according to the Plat thereof, as recorded in 5 Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida, less that 6 portion of Lot 15, conveyed to the State of Florida by Warranty Deed in Official Records 7 Book 119, Page 453, of the Public Records of Palm Beach County, Florida. 8 9 Together with: 10 11 All of Lots 6 through 14 and Lots 16 through 29, of KILLIAN' S PARK, according to the 12 Plat recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, 13 Florida. 14 15 Together with: 16 17 The 30-foot right-of-way of Miller Road as shown on the Plat of KILLIAN'S PARK, as 18 recorded in Plat Book 23, Page 195, in the Public Records of Palm Beach County, 19 Florida, adjoining Lots 6 through 14 of said KILLIAN'S PARK, as abandoned by the 20 City of Boynton Beach Ordinance No. 06-007 dated January 17,2006. 21 22 23 WATERSIDE: 24 25 A parcel of land in Section 4, Township 46 South, Range 43 East, Palm Beach County, 26 Florida, being more particularly described as follows: 27 28 COMMENCE at the Northeast (NE) comer of Lot 48, TRADE WINDS ESTATES, 29 FIRST ADDITION, according to the plat thereof as recorded in Plat Book 22, Page 44, of 30 the Public Records of Palm Beach County, Florida, said comer being on the Westerly 31 right-of-way line of the Intracoastal Waterway; thence N. 05026' 06" E., on said Westerly 32 right-of-way line, a distance of365.92 feet to the POINT OF BEGINNING; thence S. 890 33 18' 46" W., a distance of 385.00 feet; thence N. 05026' 06" E., a distance of 4.08 feet; 34 thence S. 890 18' 46" W., a distance of 35.00 feet; thence S. 05026' 06" W., a distance of 35 174.98 feet; thence S. 890 18' 46" W., a distance of236.14 feet to a point of curvature of 36 a circular curve, concave to the Southeast; thence Southwesterly on the arc of said curve, 37 with a radius of 102.47 feet and a central angle of 340 34' 00", an arc distance of 61.82 38 feet to a point of reverse curvature of a circular curve concave to the Northwest; thence 39 Southwesterly on the arc of said curve, with a radius of 82.59 feet and a central angle of 40 34034' 00", an arc distance of 49.83 feet to a point of tangency; thence S. 890 18' 46" W., 41 a distance of 94.20 feet to the intersection with the Easterly right-of-way line of U.S. 42 Highway One (S. R. No.5), said intersection being on the arc of a circular curve, concave 43 to the West, the Radius point of which bears N. 73025' 48" W.; thence Northerly on said 44 Easterly right-of-way and on the arc of said curve, with a radius of 11,509.20 feet and a 45 central angle of 02023' 09", an arc distance of 479.27 feet; thence N. 890 14' 41" E., a 46 distance of 245.48 feet; thence N. 050 26' 06" E., a distance of 95.70 feet to the 47 intersection with a line parallel with and 578.97 feet South of the North line of said C:\Doeuments and Settings\brooksvi\Local Sellings\Temporary Internet Files\OLK48\CRA Boundary Reso(DK legal).doc 1 Section 4; thence N. 890 18' 46" E., on said parallel line, a distance of274.00 feet; thence 2 S. 060 36' 55" W., a distance of 40.21 feet to the intersection with a line parallel with and 3 618.85 feet South of the North line of said Section 4; thence N., 890 18' 46" E., on said 4 parallel line, a distance of 250.00 feet to the intersection with the aforementioned 5 Westerly right-of-way line of the Intracoastal Waterway; thence S. 05026' 06" W., on 6 said Westerly right-of-way line, a distance of315.29 feet to the POINT OF BEGINNING. 7 8 9 For purposes of establishing the base year from which tax increment increases shall be calculated 10 for the foregoing listed projects, the date of annexation of the property into the jurisdictional 11 boundaries of the City shall control as those properties were already in the boundaries of the 12 Community Redevelopment Area as described in Ordinance 00-59. 13 14 Section 3. The Community Redevelopment Agency finds that all propel1y within the 15 boundaties of the Community Redevelopment Area, including those properties which constitute 16 unincorporated enclaves, have been found by the City Commission to share the same characteristics 17 of the slum and/or blighted properties which sun'ound or are adjacent to them and are therefore 18 suitable for and will benefit from the community redevelopment programs of the Community 19 Redevelopment Agency. 20 Section 4. The Community Redevelopment Agency recommends that all 21 unincorporated enclaves within the Community Redevelopment Area which are annexed into the 22 City of Boynton Beach subsequent to the adoption of this code section shall automatically be 23 treated as included in the Community Redevelopment Area and subject to the jurisdiction of the 24 Community Redevelopment Agency unless, at time of annexation, the City Commission expressly 25 excludes that property from the Community Redevelopment Area and the jurisdiction of the 26 Community Redevelopment Agency. 27 Section 5. This Resolution will become effective immediately upon passage. 28 PASSED AND ADOPTED this 12th day of August, 2008. C:\Documents and Setlings\brooksvi\Local Setlings\Temporary Internet Files\OLK48\CRA Boundary Reso(DK legal).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 APPROVED AS TO PURPOSE: 17 18 19 By: 20 LISA BRIGHT, 21 Executive Director 22 23 24 APPROVED AS TO FORM: 25 26 27 By: 28 JAMES A. CHEROF 29 Board Attorney 30 31 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Jerry Taylor - Chair J. Taylor J. Rodriguez R. Weiland W.Hay M. Ross C:\Documents and Settings\brooksvi\Local Settings\Temporary Intemel Files\OLK48\CRA Boundary Reso(DK legal).doc Federal Highway Corridor Plan · Adopted May 15, 2001 · Update Adopted June 2006 · Boundary Includes Unincorporated Parcels · No Boundary Change Proposed · Plan Results in Land Use Unique to Federal Highway within CRA · Projects in Southern Portion Received "CRA" Land Use Federal HighwaY Corridor community RedevelOPment Plan PLANN'NG AREAS Map 4.1 FEDEJAL mGIIW AY colUUDOR coMMtJN1TY'REDEVELOPMENT PLAN UPDATE rreptre4 for. ne City of BoJDtO'l Betdl COIIIIl'laity ~pmellt Agf!l1fY Joel,- egen (:1 Ci\1 Bound3I'/ o Pbnftin9 ""3 . CRANe3 3.soo 1]5Q 0 ...- + - 3.500 feet - Federal Highway Corridor Conwnunlty Redevelopment Plan Planning Area V Redevelopment Projects Map 4.24 .H II. r--/ j I ,I I....-..., ,I L r--- I I I , I ,I I I ! I I I 1 I , I , -, , .~'.- T j ! ~J Gtdfstream Gardens I -- r-' L_,. .....--' i r I , " , I r I I ~'/ , '-~ ;0,0 9 , I' ! , I -4'::Jl ~- I ~__ ::c... -<~: I,ar\- ' ",,' ..' l --..::.. "':7-.:" I, _~~ \~ t ' j t -J I! _....-...J I 1, ~-~l :/, 111/:'T,. .---: ',rl / 'Ii, .. --'1 I . t , -l -t / ;' I.-l~ I ' ..I." .. .:, '-' -;~-"'" ~ - .... < Atlantic ~1'1 ,.........---4- __'____:.t,_. "_!M N,.,..., _7 1"t:nJ...~ '.:._- :t:.t.- -.. ::J- 1(0) N A o 1000 :aJOO ~ IMPACT TO CRAlTIF IF PROJECTS ARE NOT ADDED · Revenue Loss in 2008 - $ 516,000 · Revenue Loss in 2009 - $516,000 · Bonding Capacity - $13M 1IJ~~<tY~T2~ eRA iIIi East Side ~ West Side~Seaside Rena",ssance eRA BOARD MEETING OF: September2,2008 I x I Consent Agenda I Old Business I I New Business Public Hearing Othel' SUBJECT: CRA Budget for FY 2008-2009 SUMMARY: The attached CRA Budget for Fiscal Year 2008-2009 reflects input from the eRA Board at the Budget Workshop on August ih as well as the CRA Board Meeting of August 12,2008. FISCAL IMPACT: See attached. CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approval of FY 2008-2009 Budget by resolution, ~ee/~ Susan Harris Finance Director T:\AGENOAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 09 02 CRA Board Meeting September\Budget FY 2008-2009.doc RESOLUTION NO: 08-06 RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ADOPTING A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2008 TO SEPTEMBER 30, 2009, AND PROVIDING AN EFFECTIVE DATE. WIT N E SSE T H: WHEREAS, the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY in order to implement its Community Redevelopment Plan and provide for its operating expenses has prepared a Budget for the Fiscal Year beginning October 1, 2008 and ending September 30,2009, in the form attached hereto as Exhibit "A"; and WHEREAS, the Board determined that the said Budget is in the public's interest and it is necessary to implement its goals and objectives. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Budget attached hereto as Exhibit "A" for financial operations of the Delray Beach Community Redevelopment Agency for the period from October 1, 2008 through September 30,2009 is hereby adopted. 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _ day of September 2008, by a vote of: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: JERRY TAYLOR, Chairman J, TAYLOR J. RODRIQUEZ W.HAY M.ROSS R. WEILAND ~~ ~~T Ii East Side"'West Side"'Seaside Renaissance BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROPOSED OPERATING BUDGET FISCAL YEAR 2008 - 2009 October 1 , 2008 - September 30, 2009 1~~qY~8IRA Ii East Slde...West Side...Seaslde Renaissance HAND DELIVERED August 20, 2008 Dear CRA Board Members: The attached proposed operating budget for FY 2008-2009, including departmental details, reflects Board-directed revisions discussed at the August 12, 2008 CRA Board meeting. These changes are highlighted in yellow on the Project Fund Budget Summary. Specific all y: 1. 4th Street Project - $300,000 grant from Commissioner McCarty- pay to City when received (anticipated in Nov-Dec 2008); deferring $823,394 balance due the City until FY 2011/2012. 2. MLK Project, land owned by the City - Pay eity one-half ofthe appraised valuation of$1.3 million, or $650,000. The proposed budget indicates a surplus of $666,279 (see Project Fund) which was not specifically allocated by the Board. This amount can be designated according to Board consensus in this fiscal year or carried forward to offset the deficits anticipated ill future years. I'll poll individual Board members regarding the surplus during my one-Oll-one meetings and relay the infOlmation to the Executive Director. I will call each Board Member this week to ~et a time to meet and discuss any questions and suggestions for finalization and anticipated approval at the Board meeting on September 2nd. Sincerely, J2~ Susan Harris Finance Director ec: Jim Cherof Kurt Bressner Barry Atwood 915 South Federal Highway Boynton Beach, Rorida 33435 ' Ph: 561-737.3256 Fax: 561-737-3258 www.boyntonbeachcra.COln MEMOS AND CHARTS 2008 · 2009 CRA FUND REVENUES & OTHER FUNDING SOURCES Tax Increment Funds (T.I.F.), $8.300,000 - 65% Marina Rents & Fuel Sales. $1,287.500 -10% III Tax Increment Funds (T.I.F.) . Marina Rents & Fuel Sales Festival & Event and Interest Income. $65.000 - 1% o Festival & Event and Interest Income . Fund Balance Appropriation Fund Balance Appropriation . $3.000,000 - 24% FY 2008-2009 EXPENSE BUDGET - ALL FUNDS Project Fund, $5,771,419 - 46% Salaries & Benefits , $891,693 - 7% General Government Operating, $2,922,807. 23% Debt Service, $3,066,581 - 24% . Salaries & Benefits . Debt Service o General Government Operating D Project Fund GENERAL FUND Boynton Beach eRA Budget Summary - General Fund - Version 2 2007-2008 I REVENUES I Budaet Tax Increment Funds (T.I.F.) $ 9.500,000 Marina Rents & Fuel Sales 1 ,453,200 Festival & Event Income 10,000 Contributions 50,000 Interest Income 250.000 Other - Rollover (Fund Balance) 1 000,000 Total Revenues 12.263,200 Other Fundina Sources Fund Balance Appropliatiol. - Total Revenues & Oth.. Funding Saurces 12,263.200 r EXPENSES FY 2007-2008 BudGet Personnel 1 Operating Deoartment Name Services ExDenses Total eRA Board - 57,400 57,400 Executive Department 283,078 48.650 331.728 Finance & HR Department 181.578 27.880 209.458 Planning Department 225.130 32.775 257.905 Marketing & Communications Dept. 108,862 98,171 207.033 Special Events Department 104.926 20.875 125.801 Sub-Total 903,574 285,751 1,189,325 Other GF EXDenses Insurances - 105.375 105,375 Professional Services - 925.215 925,215 Buildings & Grounds - 533.590 533,590 Marina Operations - 1.410.000 1.410.000 Infonnation Technology - 100.740 100.140 Contingency - 224.000 224.000 Sub-Total - 3,298,920 3,298,920 Total GF Operating $ 903,574 $ 3.584.671 $ 4.488.245 Ooeratina Transfers Out Transfer to Debt Service Fund 3.065,988 Transfer to Project Fund 4,708.967 Transfer to Project Fund - Marina - Transfer to Project Fund - Roadway Improvements - Total General Fund Expenses and Transfers Out $ 12,263,200 Surplus (Deficit) $ - FY 07-08 Est. $ 9,500,000 1,410,000 10.000 50,000 250.000 1.000.000 12.220,000 12,220.000 I FY 07.08 Est. I 43,900 316,110 196.277 251.005 138,158 119.816 1.065,266 105,315 753,915 496,870 1,375,459 66,740 224,000 3,022,359 $ 4.087,625 3,065.988 4,708,967 $ 11.862.580 $ 357,420 2008-2009 Proposed Budaet $ 8,300.000 1.287.500 15.000 - 50.000 - 9.652.500 3,000 000 12.852.500 I FY 2008-2009 ProD4lSed I Personnel I Operating Services &nenses Total - 16.900 16,900 239,602 35,025 274.627 175.841 21,155 196,996 242.251 23.175 265,426 119,009 53,934 172,943 114,990 11,825 126.815 891,693 162,014 1,053,707 - 115.470 115,470 - 485,000 485,000 - 496,210 496,210 - 1,287.500 1,287.500 - 62,120 62.120 - 314,493 314.493 - 2.760,793 2,760,793 $ 891,693 $ 2.922,807 $ 3 814.500 3.066,581 2,771,419 2.000.000 1,000,000 $ 12.652._ $ - Amount (1,200.000) (165,100) 5.000 (5O.ooo) (200.000) (1,000,000) (2,610,700) 3,000,000 389.300 I 100% 3% Amount % (40,500) -71% (51.101 ) -17% (12,462) -6% 7,521 3% (34.090) -16% 1.014 1% (135,618) -11% 10.095 10% (440,215) -48% (31,380) -1% (122,500) -9% (38,620) -38% 90,493 40% (538.127) -16-/0 $ (673.145) -15-/0 BOYNTON BEACH CRA - GENERAL FUND FUND BALANCE ANALYSIS Fund Balance 9/30/07 - Undesignated $ 7,385,697 Less: Marina Allocation from County/Project Fund Rollover FY 06-07 Roadway Improvements FY2011/2012 Working Capital Needed for Operations Oct-Dec Note: TIF received end of December each year $ $ $ $ $ 3,000,000 1,000,000 800,000 2,500,000 7,300,000 I Balance $ 85,697 I C.R.A. BOARD Department I Budget Iner/(Deer) I FY 07-08 FY 07-08 Est. FY 08-09 Amount % General Fund 51010 200 CONTRACTUAL EXPENSES $ 10,000 $ 7.500 $ 7,500 203 MISCELLANEOUS $ 13,000 $ 3,000 $ - 216 ADVERTISING" PUBLIC NOTICES $ 2,700 $ 2,700 $ 2.700 225 CONFERENCES. MEETINGS" SEMINARS $ 27,500 $ 26,500 $ 2,500 227 DELIVERY SERVICES $ 3,600 $ 3,600 $ 3,600 310 OFRCE SUPPLIES $ 600 $ 600 $ 600 $ 57,400 $ 43.900 $ 16,900 I $ (40.500) -71%1 Note: Bold In details" FY 08-09 ex nS8 200 CONTRACTUAL EXPENSES MINUTES FOR BOARD MEETINGS- CITY STAFF $ 10,000 $ $ 13,000 $ 7,500 $ 3.000 $ $ 2,700 $ 2,700 $ 2.700 $ 27,500 $ 26,500 $ 2,500 225 I CONFERENCES, MEETINGS & SEMINARS FRA CONFERENCE IDA CONFERENCE LOCAL CONFERENCES DELIVERY SERVICES DELIVERY OF BOARD MATERIALS $ 1$ 3,600 $ 600 $ 310 OFFICE SUPPLIES 3,600 $ 600 $ 7,500 3.600 600 EXECUTIVE DEPARTMENT Depertment 51230 General Fund FY 07-08 I Budget Incr/(Decr) I FY 07.()8 Est. FY 08'()9 Amount 0/0 100 PERSONNEL SERVICES $ 283,078 $ 270.000 $ 239,602 115 AUTO ALLOWANCE $ 4,030 $ 4,030 $ 5,400 203 MISCELLANEOUS $ 2,000 $ 2,500 $ - 225 CONFERENCES MEETINGS. SEMINARS $ 14.190 $ 14,600 $ 3,750 228 MEMBERSHIP DUES $ 5,030 $ 5,030 $ 6,675 227 DELIVERY SERVICES $ 3,000 $ 3,000 $ 3.000 229 CAREER DEVELOPMENT $ 2,500 $ - $ - 310 OFFICE SUPPLIES $ 8,500 $ 8,500 $ 8.500 315 POSTAGE $ 2,000 $ 2.000 $ 2,000 355 SUBSCRIPTIONS $ 1,650 $ 700 $ 200 360 BOOK. PUBLICATIONS $ 750 $ 150 $ 500 400 EQUIPMENT COSTS I $ 5000 $ 5000 $ 5000 $ 331,7211 $ 316,110 $ 274,627 I $ 157101\ -17%1 $ 4,030 $ 4,030 $ 5,400 203 I MISCELLANEOUS COSTS $ 2,000 $ 2.500 S 225 I CONFERENCES, MEETINGS & SEMINARS $ 14.190 $ 14,600 $ 3,750 IDA CONFERENCE FRA ULI NATIONAL COUNCIL OF DEVELOPMENT FINANCE AGENCIES REGIONAL- LOCAL MEETINGS & MILEAGE 226 I MEMBERSHIP DUES $ 5,030 $ 5,030 $ 6,675 ULI BUSINESS DEV'L. BOARD (Shared with CIty) REGIONAL CHAMBERS OF COMMERCE FRA CDFA N.A.I.O.P. IDA ICSC OTHER DUES 227 DELIVERY SERVICES $ 3,000 $ 3,000 $ 3,000 229 CAREER DEVELOPMENT $ 2,500 $ $ 310 OFFICE SUPPLIES $ 8,500 $ 8,500 $ 8.500 315 POSTAGE $ 2,000 $ 2,000 $ 2,000 355 I SUBSCRIPTIONS $ 1,650 $ 700 $ 200 Palm Beach Post Sun-Sentinel Florida Trend Downtown Promotions Downtown Idea Exchange Misc. Subsalpt/ons 360 BOOK & PUBLICA TIONS $ 750 S 750 $ 500 400 EQUIPMENT COSTI3 $ 5.000 $ 5,000 $ 5,000 51325 I Budget Incr/(Decr) I FY 07-08 Est. FY 08-09 Amount "10 FINANCE Department General Fund FY 07-08 100 PERSONNEL SERVICES $ 181,578 $ 170,000 $ 175,841 200 CONTRACTUAL EXPENSES $ 5,280 $ 3,000 $ 2,280 201 BANK FEES $ 3,600 $ 3,000 $ 3,000 225 CONFERENCES, MEETINGS & SEMINARS $ 8,000 $ 13,052 $ 5,750 226 MEMBERSHIP DUES $ 900 $ 725 $ 725 227 DELIVERY SERVICES $ 1,500 $ 1,000 $ 1,000 229 CAREER DEVELOPMENT $ 3.000 $ - $ 3,000 310 OFFICE SUPPLIES $ 4,500 $ 4,500 $ 4.500 360 BOOK & PUBLICATIONS $ 100 $ 500 $ 500 365 OFFICE PRINTING COSTS $ 1,000 $ 500 $ 400 $ 209,458 $ 196,277 $ 196,996 I $ (12462f -6%1 $ 5,280 $ 3,000 $ 2,280 201 I BANK FEES I $ 3,600 $ 3,000 $ 3,000 I 225 I CONFERENCES, MEETINGS & SEMINARS I $ 8,000 $ 13,052 $ 5,750 FRA CONFERENCE FGFOA CONFERENCE (2 staff) IN CODE CONFERENCE COUNCIL OF DEVL. FINANCE AGENCIES GFOA CONFERENCE REGIONAL- LOCAL MEETINGS & MILEAGE BUDGET WORKSHOP 226 I MEMBERSHIP DUES 1$ 900 $ 725 $ 725 FGFOA SOCIETY HR PROFESSIONALS CDFA GFOA I 227 DELIVERY SERVICES 1$ 1,500 $ 1,000 $ 1,000 I 229 CAREER DEVELOPMENT (CERTlFICA TIONS) 1$ 3,000 $ $ 3,000 I 310 OFFICE SUPPLIES 1$ 4,500 $ 4,500 $ 4,500 I 360 BOOK & PUBLICA TIONS 1$ 100 $ 500 $ 500 I 365 I OFFICE PRINTING COSTS I $ 1,000 $ 500 $ 400 Budget Preparation Printing Blank Check Stock Budget Tab Preparation 51440 I Budget Incr/(Decr) I FY 07-08 Est. FY 08-09 Amount % PLANNING Department General Fund FY 07-08 100 PERSONNEL SERVICES $ 225,130 $ 225,130 $ 242,251 115 AUTO ALLOWANCE $ 2,600 $ 2,600 $ 5,400 200 CONTRACTUAL EXPENSES $ 5,000 $ 3,000 $ - 225 CONFERENCES MEETINGS & SEMINARS $ 16,000 $ 13,500 $ 11,000 226 MEMBERSHIP DUES $ 1,225 $ 825 $ 825 227 DELIVERY SERVICES $ 2,000 $ 1,000 $ 1,000 310 OFFICE SUPPLIES $ 3,500 $ 3,500 $ 3,500 355 SUBSCRIPTIONS $ 150 $ 150 $ 150 360 BOOK & PUBLICATIONS $ 300 $ 300 $ 300 365 OFFICE PRINTING COSTS $ 2,000 $ 1000 $ 1000 $ 257,905 $ 251,005 $ 265,426 I $ 7,521 3%1 Note: Bold In details" FY08-D9 ex ense 200 CONTRACTUAL EXPENSES $ 5,000 $ 3,000 $ Software maintenance for Property Database County Permitting/Llcenslng Fees-Planning Documents I .225 I CONFERENCES, MEETINGS & SEMINARS 1$ 16,000 $ 13,500 $ 11,000 FRA CDFA IDA Planning & Community Workshops Economic Development Broker Meetings Regional-Local Meetings/Mileage (ISCS & ULI) 226 I MEMBERSHIP DUES 1$ 1,225 $ 825 $ 825 .APA ICSC NAIOP ULI 227 DELIVERY SERVICES 1$ 2,000 $ 1,000 $ 1,000 229 CAREER DEVELOPMENT (A/CP Certification) I $ $ $ 2,500 310 OFFICE SUPPLIES 1$ 3,500 $ 3,500 $ 3,500 355 SUBSCRIPTIONS 1$ 150 $ 150 $ 150 ULI APA AICP 360 I BOOK & PUBLICA TIONS 1$ 300 $ 300 $ 300 365 I OFFICE PRINTING COSTS I Site Plans $ 2.000 $ 1.000 $ 1,000 100 PERSONNEL SERVICES $ 108,862 $ 108,862 $ 119,009 200 CONTRACTUAL EXPENSES $ - $ - $ 8,500 216 ADVERTISING" PUBLIC NOTICES $ 5,000 $ - $ 2,000 218 ANNUAL REPORTS" BROCHURES $ - $ - $ 10,000 219 FESTIVALS & EVENTS $ 60,980 $ - $ - 225 CONFERENCES. MEETINGS" SEMINARS $ 9,500 $ 7,905 $ 2,000 226 MEMBERSHIP DUES $ 1,391 $ 1,391 $ 1,334 227 DELIVERY SERVICES $ 1,400 $ 1,400 $ 2,500 236 PHOTOGRAPHY" VIDEOS $ 9,000 $ 8,000 $ 1 0,000 310 OFFICE SUPPLIES $ 5,500 $ 5,500 $ 7,500 355 SUBSCRIPTIONS $ - $ - $ 1,100 360 BOOK" PUBUCATlONS $ 400 $ 100 $ 100 365 OFFICE PRINTING COSTS $ 5,000 $ 5,000 $ 8,900 MARKETING & COMMUNICATIONS General Fund Department 57400 I Budget Incr/(Decr) I FY 07-08 FY 07-08 Eat. FY 08-09 Amount % $ 207,033 $ 138.158 $ 172,943 I $ (34,090) -16% SPECIAL EVENTS 57500 Department General Fund I Budget Incr/(Decr) I FY 07-08 FY 07-08 Est, FY 08-09 Amount % 100 PERSONNELSER~CES $ 104,926 $ 104,926 $ 114,990 225 CONFERENCES. MEETINGS & SEMINARS $ 9,500 $ 4,515 $ 2,500 226 MEMBERSHIP DUES $ 1,325 $ 975 $ 325 227 DELIVERY SERVICES $ 500 $ 400 $ - 310 OFFICE SUPPLIES $ 3.500 $ 3,500 $ 3,500 355 SUBSCRIPTIONS $ 250 $ 250 $ 250 360 BOOK & PUBLICATIONS $ 300 $ 250 $ 250 365 OFFICE PRINTING COSTS $ 500 $ - $ - 400 EQUIPMENT $ 5000 $ 5000 $ 5.000 $ 125,801 $ 119,816 $ 126,815 I $ 1,014 1%1 Note: Bold in details = FY 08-09 eXDensel I 225 I CONFERENCES MEETINGS" SEMINARS I $ 9,500 $ 4,515 $ 2,500 - Florida Festivals II Events (FFEA) - Governors Cont. on Tourism (Visit FL) - IDA: International Development Assoc. - FRA: Florida Redevelopment Association - Downtowns & Small Towns - Regional-Local Meetings (FFEA)lMlleage 226 I MEMBERSHIP DUES 1$ 1,325 $ 975 $ 325 IDA FRA FFEA Visit Florida 227 DELIVERY SERVICES $ 500 $ 400 $ 310 OFFICE SUPPLIES $ 3.500 $ 3,500 $ 3,500 355 SUBSCRIPTIONS $ 250 $ 250 $ 250 360 BOOK" PUBLICATIONS $ 300 $ 250 $ 250 365 OFFICE PRINTING COSTS $ 500 $ $ 400 EQUlPMEN1 1$ 5,000 $ 5,000 $ 5,000 INSURANCES Department 5 1 4 1 0 I Budget Incr/(Decr) I FY 07-08 FY 07-08 Est. FY 08-09 Amount "10 General Fund 200 CONTRACTUAL EXPENSES $ 26,090 $ 26,090 $ 28,916 213 GENERAL PROPERTY COVERAGE $ 70,050 $ 70,050 $ 76,394 214 EMPLOYEE FIDELITY COVERAGE $ 1,500 $ 1,500 $ 1,650 215 OFFICIALS & EMPLY. PRACTICES LIABILITY $ 7,735 $ 7,735 $ 8,510 $ 105,375 $ 105,375 $ 115,470 I $ 10,095 10%1 Note: Bold In details = FY 08-09 ex ense 200 CONTRACTUAL EXPENSES $ 26,090 $ 26,090 $ 28,916 Agency Fee Computers & Software Polley Marina Fuel Tank Coverage Special Events & Concerts Policy Contingency for additional property coverage 213 I PROPERTY & LIABILITY COVERAGE. 1$ 70,050 $ 70,050 $ 76,394 Polley for Property Inland Marina & WI-FI Coverage Polley for General Liability (Includes Marina) Marina Renovations - Builders Risk Policy 214 I EMPLOYEE FIDELITY COVERAGE 1$ 1,500 $ 1,500 $ 1,650 Money & Security Insurance - Crime and Computer Fraud 215 I PUBLIC OFFICIALS LIABILITY & 1$ 7,735 $ 7,735 $ 8,510 EMPLOYMENT PRACTICES LIABILITY PROFESSIONAL SERVICES Department 5 1 4 2 0 I Budget Incr/(Decr) I FY 07-08 FY 07.08 Est. FY 08-09 Amount '/0 General Fund 200 CONTRACTUAL SERVICES $ 525,095 $ 468,795 $ 276,000 201 LEGAL SERVICES $ 300,000 $ 200,000 $ 200,000 203 LOBBYING COSTS - STATE Ie FED. $ 90,000 $ 75,000 $ - 204 CITY STAFF $ 10,120 $ 10,120 $ 9,000 $ 925,215 $ 753,915 $ 485,000 I $ (440,215) -48%1 Marketing $ 203,895 $ 203,895 $ 50,000 Audit Services $ 26,200 $ 12,200 $ 26,000 Marina and Trust Fund Audit $ $ $ 9,500 TIF Consultants $ 8,000 $ 6,900 $ 10,000 Arbitrage Rebate & Bond Compliance Consultants $ 5,000 $ 5,000 $ 10,000 Fund Accounting System Conversion/Risk .Assessment Standards $ 50,000 $ 50,000 $ 30,000 Economic Development Plan $ 25,000 $ 25,000 $ 30,000 Small Business Development Assistance $ 24,500 $ 24,500 $ 30,500 Personnel Services $ 50,000 $ 50,000 $ 40,000 Enterprise Zone Development $ $ $ 20,000 Property Owner Assistance for Brownfield Deslgnatior $ $ $ 20,000 MS Project Database $ 9,600 $ 3,400 $ Downtown Master Plan and Marina Branding $ 16,400 $ 16,400 $ Historical Public Art Marker Project-Marina Area $ 10,000 $ 10,000 $ HR re Risk Assessment Standards $ 6,500 $ 6,500 $ Maintenance of Database - Business/Property $ 15,000 $ 15,000 $ Brownfield Legal & Professional Consultants $ 45,000 $ 10,000 $ Development of Retail/Commercial Database $ 30,000 $ 30,000 $ $ 525,095 $ 468,795 $ 276,000 I 201 LEGAL SERVICES 1$ 300,000 $ 200,000 $ 200,000 . I 203 LOBBYING COSTS 1$ 90,000 $ 75,000 $ I 204 I CITY STAFf I Fire Inspections $ 500 $ 500 $ 500 City HR ILA - SpeciallnvesUgations @ $125/Hour $ 625 $ 625 $ City HR ILA - Annual Pooling Charge (Stop Loss) $ 1,295 $ 1,295 $ 5,000 City HR ILA. Benefits Admin. 10 Empl @ $10/mo, $ 1,200 $ 1.200 $ 3,500 Cit HR ILA - Consultin $SOO/mo. $ 6,000 $ 6,000 $ City Training Classes @ 50lEmployee $ 500 $ 500 $ $ 10,120 $ 10,120 $ 9,000 BUILDINGS & GROUNDS General Fund Department FY 07-08 51620 I Budget Incr/(Decr) I FY 07-08 Est. FY 08-09 Amount % 200 CONTRACTUAL EXPENSES $ 2,700 $ 2,700 $ 2,700 201 PROPERTY TAXES It ASSOCIATION DUES $ 105,000 $ 105,000 $ 160,000 205 RENTAL OF OFFICES $ 50,760 $ 50,760 $ 50,760 206 MAINTENANCE" CLEANING OF OFFICES $ 8,280 $ 8,280 $ 12,880 207 OFFICE SPACE CHARGES $ 10,000 $ 1 0,000 $ - 208 EQUIPMENT LEASES $ 16,000 $ 19,000 $ 25,000 209 PROPERTY MAINTENANCE COSTS $ 312,850 $ 277,130 $ 216,370 224 SIGNAGE $ 10,000 $ 10,000 $ 10,000 325 ELECTRIC COSTS $ 10,000 $ 8,000 $ 12,500 326 WATER COSTS $ 8,000 $ 6000 $ 6000 $ 533,590 $ 496,870 $ 496,210 I $ (37380) -7%1 MARINA Department 51630 Budget Incr/(Decr) Amount % General Fund FY 07.08 FY 07.08 Est. FY 08.09 200 CONTRACTUAL EXPENSES $ 775 $ 500 $ 500 209 PROPERTY MAINTENANCE COSTS $ 50,025 $ 49,125 $ 35,000 241 MARINA MANAGEMENT CONTRACT $ 125,000 $ 137,334 $ 148,000 242 FUEL STATION OVERHEAD $ 40,000 $ 40,000 $ 50,000 325 ELECTRIC COSTS $ 20,000 $ 20,000 $ 20,000 326 WATER CHARGES $ 3,000 $ 1,800 $ 1,800 327 GASOLINE & DEIBEL CHARGES $ 1,140,000 $ 1,100,000 $ 1,008,000 328 DIESEL SALES TAX $ 19,200 $ 19,200 $ 19,200 400 EQUIPMENT COSTS $ 12,000 $ 7,500 $ 5,000 $ 1,410,000 $ 1,375,459 $ 1,287,500 I $ (122,500) -9%1 General Fund INFORMATION TECHNOLOGY Department FY 07-08 FY 07-08 Est. 51650 I Budget Incr/(Decr) I FY 08-09 Amount % .200 CONTRACTUAL EXPENSES $ 4,000 $ 4,000 $ 5,500 210 CITY IT SUPPORT $ 25,000 $ 20,000 $ 20,000 211 COMPUTER SOFTWARE & LICENSES $ 1,000 $ 1,000 $ - 212 FINANCIAL SOFTWARE MAINTENANCE $ 6,500 $ 6,500 $ 6,500 330 TELEPHONE LINES $ 7,800 $ 7,800 $ 12,200 340 CELLULAR PHONES $ 7,440 $ 7,440 $ 7,920 350 WI-FI ANNUAL COST $ 44,000 $ 15,000 $ - 400 EQUIPMENT COSTS $ 5.000 $ 5000 $ 10 000 $ 100,740 $ 66,740 $ 62,120 I $ 138.620\ -38%1 CONTINGENCY ACCOUNT Department 51990 I BUdget Incr/(Decr) General Fund FY 07-08 FY 07.()8 Est. FY 08.()9 Amount % I 200 I CONTRACTUAL EXPENSES I Contingencies $ 224,000 $ 224,000 $ 314,493 I $ 90,493 40%1 ExamDles of Board ADDroved Uses In FY 07-08 RIP Program - $40,000 Community Meeting Program - $10,000 Opportunity land/property/other capital outlay acquisitions such as Platinum Gold licenses. Other - 4th Street Roadway Improvement - Engineering Fees not previously billed by City per ILA. PROJECT FUND 200812009 2007/2008 Proposed Fundi Sources Estimate Bud Misc. Income $ $ 300.000 $ Remaining Bond # 2 Proceeds 1 000 000 500 000 Total Revenues 800,000 Transfers In from General Fund: other Fmancing SourceslTransfers In 4,708,967 4,708,967 2,771.419 (1,937,548) -41% Fund Balance ADDI'ODI'iation: :-111''-'- Other Fmancing SourceslTransfers In 3 000.000 3.000,000 100% _ _.......1 Total Revenues and Transfers In $ 9,208,961 $ 4,708.967 $ 6.571.419 $ -29% I Expenses ODeratina Exoenses Professional Services - Legal $ 50,000 $ 50,000 $ 75.000 $ 25,000 SO'I'o Professional Services - Development 552.500 552,500 300.000 (252,500) -46% Contingency 90000 90,000 100% Subtotal 602,500 602,500 465,000 (137,500) -23% CaDital Outlav Land Acquisition 1,677,114 1,677,114 650.000 (1,027.114) -61% Construction In Progress - Marina 2.000,000 2,000,000 100% Site Wor1t and Demolition Fees 87.500 50,000 75.000 (12,500) -14% SE Fed. Hwy Corridor Water Main Stonnwater and Roadway Improvement Programs 1,800,000 300,000 -500% :_111'$1.8 Subtotal 3,564,614 1,727,114 3,025,000 -15% --- ....... 1 Affordable Housina RIP - Residential Improvement Program 340,000 340,000 160,000 -53% HAP - Homebuyers Assistance- Bond #2 1,000,000 500,000 300,000 -70% HAP - Affordable Access Program 1 700 000 400 000 -325% Subtotal 3,040,000 840,000 860,000 -72% Economic Develooment Proarams Commercial Fa~ Grants 75.000 75.000 75,000 0% Transportation - Trolley 921,000 921,000 734,795 (186.205) -20% PBC Development Regions Grant SO 000 50,000 SO 000 -100% Subtotal 1,046,000 1,046,000 809,195 (236,205) -23% Proiects ...d Proarams Special Events 352,000 352.000 270,000 (82,000) -23% Police Budget 573,853 460,000 475,345 (98,508) -17% Community Support Programs 30 000 30 000 30 000 -100% Subtotal 955,853 842,000 745,345 (210,508) -22% Total Expenses $ 9.208,967 $ 5.057,614 $ 5.905,140 $ -36% : \lIIdcolI._ _ Surplus (Deficit) $ $ (348.647) $ 666.279 ....... for future....... OPERATING EXPENSES Department 58100 Budget Incr/(Decr) I Proiect Fund FY 07-0a FY 07 -oa Est. FY Oa-09 Amount % LEGAL SERVICES $ 50,000 $ 50,000 $ 75,000 PROFESSIONAL SERVICES $ 552,500 $ 552,500 $ 300,000 CONTINGENCY $ - $ . $ 90,000 $ 602,500 $ 602,500 $ 465.000 $ (137,500) -23%1 Note: Bold In details := FY Oa-09 expense) LEGAL SERVICES 1$ 50,000 $ 50,000 $ 75,000 I PROFESSIONAL SERVICES I Marina Construction Plans (MSCW) $ $ $ 165,000 MLK Project - Economic Analysis $ $ $ 15,000 RIP Scope of Services $ $ $ 20,000 211 E Ocean Site PlanlLand Use/Zoning Change $ $ $ 20,000 Seacrest Traffic Concurrency Plans $ $ $ 30,000 Surveys & Appraisals $ 50,000 $ 50,000 $ 50,000 Marina Conceptional Plans (MSCW) $ 180,000 $ 180,000 $ Seacrest Plans (Kimley-Hom) $ 255,000 $ 255,000 $ 211 E Ocean Construction Plans (REG) $ 67,500 $ 67,500 $ $ 552,500 $ 552,500 $ 300,000 CONTINGENCY 1$ $ $ 90,000 CAPITAL OUTLAY Department 58200 p. F d I Budget Incr/(Decr) I rOlect un FY 07-08 FY 07-08 Est. FY 08-09 Amount % LAND & OTHER CAPITAL EXPENDITURES 1$ 1,677,114 $ 1,677,114 $ 650,000 CONSTRUCTION IN PROGRESS 1$ . $ - $ 2,000,000 SITE WORK & DEMOLITION FEES $ 87,500 $ 50,000 $ 75,000 INFRASTRUCTURE & STREETSCAPE $ 1 800,000 $ - $ 300,000 $ 3 564.614 $ 1.727,114 $ 3,025,000 I $ (539,614) -15%1 Note: Bold in details = FY 08-09 ex ense LAND & OTHER CAPITAL ACQUISITIONS Platinum Gold UcensesfBurkey & Griffin Propertlesl Community Caring Center Purchase of CIty Property for MLK Project SITE WORK & DEMOLITION $ 1,677,114 $ 1,677,114 $ $ $ $ 650,000 $ 1,677,114 $ 1.677,114 $ 650,000 I $ $ $ 2,000,000 1$ 87,500 $ 50,000 $ 75,000 I CONSTRUCTION IN PROGRESS Marina Construction I INFRASTRUCTURE & STREETSCAPf SE Federal Highway Corridor Water Main Stormwater and Roadway Improvement Programs $ 1,800,000 $ $ 300,000 AFFORDABLE HOUSING Pro'ect Fund RESIDENTIAL IMPROVEMENT PROGRAM HOMEOWNERS ASSISTANCE PROGRAM I HOMEOWNERS ASSISTANCE PROGRAM Bond N 2 Affordable Access Program (RTG 8 Lots) Department 58300 I Budget Incr/(Decr> I FY 07-08 FY 07-08 Est. FY 08-09 Amount % $ 340,000 $ 340,000 $160,000 $ 2 700 000 $ 500 000 $ 700 000 $ 3 040 000 $ 840 000 $ 860 000 $ 340,000 $ 340,000 $160,000 $ 2,700,000 $ $1,000,000 $ $ 1,700,000 $ 500,000 $ 700,000 500,000 $ 300,000 $ 400,000 ECONOMIC DEVELOPMENT PROGRAMS Department 58400 F d I Budget Incr/(Decr) I PrOject un FY 07.08 FY 07-08 Est. FY 08-09 Amount % COMMERCIAL FACADE GRANTS $ 75,000 $ 75,000 $ 75,000 TRANSPORTATION PROGRAM $ 921,000 $ 921,000 $ 734,795 ECONOMIC DEVELOPMENT GRANTS $ 50.000 $ 50,000 $ - $1,046000 $ 1.046.000 $ 809,795 I $ (236,205) -23%1 $ 75,000 $ 75,000 $ 75,000 1$ 921,000 $ 921,000 $ 734,795 $ 874,800 $ 874,800 $721,795 $ 1,200 $ 1,200 $ 3,000 $ 45,000 $ 45,000 $ 10,000 I ECONOMIC DEVELOPMENT GRANTS I Palm Beach County Regions Grants $ 50,000 $ 50,000 $ PROJECTS & PROGRAMS Department 58500 I Budget Incr/(Decr) I P' F d roJect un FY 07-D8 FY 07-08 Est. FY 08-09 Amount % SPECIAL EVENTS $ 352,000 $ 352,000 $ 270,000 POLICE PROGRAM $ 573,853 $ 460,000 $ 475,345 COMMUNITY SUPPORT PROJECTS $ 30,000 $ 30,000 $ - $ 955,853 $ 842,000 $ 745,345 I $ (210,508) -22%1 Note: Bold in details = FY 08-09 expense) SPECIAL EVENTS 1 $ 352,000 $ 352,000 $ 270,000 Holiday Extravaganza $ 150,000 $ 150,000 $ 170,000 - Parade $ 30,000 $ 30,000 $ 30,000 - Tree, Lighting, Holiday Decorations $ 10,000 $ 10,000 $ 30,000 - Concert $ 110,000 $ 110,000 $ 110,000 Heritage Celebration $ 95,000 $ 95,000 $ - Hester Center $ 30,000 $ 30,000 $ - Ocean Avenue Concert $ 65,000 $ 65,000 $ Salute to Independence - 4th of July $ 95,000 $ 95,000 $ 75,000 - Fireworks $ 50,000 $ 50,000 $ 55,000 - Concert & Security $ 45,000 $ 45,000 $ 20,000 Oceanfront Concert Series $ 12,000 $ 12,000 $ 15,000 - January/February/March/Aprll/May Other Events $ $ $ 10,000 - Family Day at Sims Center $ $ $ 5,000 - Boat Parade $ $ $ 5,000 DEBT SERVICE FUND B:()~nton.Beach..GAA BUdget Sum.mary - Debt Se'rvice' Fund Funding Sources 2007/2008 Budget Transfers In from General Fund 3,065,988 3,066,581 593 o Expenses BOA - Loan Principal 185,697 196,829 11 ,132 6% BOA - Loan Interest 119,141 108,008 (11,132) -9% Bond #1 Principal 615,000 635,000 20,000 3% Bond #1 Interest 771,613 754,700 (16,913) -2% Bond #2 Principal 245,000 255,000 10,000 4% Bond #2 Interest 576,335 563,840 (12,495) -2% Marina - Loan Principal to TRG 478,891 503,392 24,501 5% Marina - Loan Interest to TRG 73,812 49,311 (24,501 ) -33% Financial Agent Fees 500 500 0% T ota. Expenses 3,065,988 3,066,581 592 0% ~~:r~It\Baril:l~;eajl~ . ,',~~p~~tt,<,,~,_,_:!~~~~$~',,~, " .~,.~~S -,~.-, ,',' i ;_m'" "," .'~,..;i, :4 'O~ "'1.'~~7 CX:..:: :1.~~~g~;'I" ..~- ~i J"{::i\,'j YEAR, BOA~IlGA'N BeNelllft BOND. #:,2. ~ttA TOTAL FY 2008-2009 $ 304,838 $ 1,389.700 $ 818,840 $ 552,703 $ 3,066.081 FY 2009-2010 $ 304,838 $ 1,385,650 $ 825.835 $ 552,703 $ 3,069,026 FY 2010-2011 $ 304,838 $ 1,389,525 $ 821,810 $ 184.234 $ 2,700,407 FY 2011-2012 $ 304,838 $ 1,385.900 $ 822,275 $ 2,513,013 FY 2012-2013 $ 304,838 $ 1,389,838 $ 816.975 $ 2,511.650 FY 2013-2014 $ 304,838 $ 1,385,838 $ 821,165 $ 2.511,840 FY 2014-2015 $ 304,838 $ 1,385.838 $ 824,335 $ 2.515.010 FY 2015-2016 $ 304,838 $ 1,389,638 $ 821,485 $ 2,515.960 FY 2016-2017 $ 1,705.000 $ 810.863 $ 2.515,863 FY 2017-2018 $ 1,706,750 $ 809,675 $ 2.516,425 FY 2018-2019 $ 1,705,500 $ 807,358 $ 2,512,858 FY 2019-2020 $ 1,706.250 $ 808,910 $ 2,515,160 FY 2020-2021 $ 1,702,250 $ a09,050 $ 2,511,300 FY 2021-2022 $ 1,707,250 $ 807,na $ 2,515,028 FY 2022-2023 $ 1,703.500 $ 810,093 $ 2,513.593 FY 2023-2024 $ 1.706,250 $ a05,713 $ 2,511,963 FY 2024-2025 $ 2,514,920 $ 2,514.920 FY 2025-2026 $ 2.512,665 $ 2,512,665 TOTAL $ 2,438,702 $ 24,744,675 $ 18,069,743 $ 1,289,640 $ 46,542,760 SALARIES AND BENEFITS BOYNTON BEACH COMMUNITY RI;DEVELOPMENT AGENCY SALARY SCHEDULE and RELATED PERSONNEL EXPENSES BUDGET WORKSHEET FOR THE FISCAL YEAR OCTOBER 1, 2008 - SEPTEMBER 30, 2009 FY 08-09 HEALTH & FY 07-08 PROPOSED CAR FICA & 457(b) WORKERS COMP TOTAL TOTAL POSmON SALARY SALARY ALLOW. MEDICARE & 401 (a) cOMP ABSENCES CURRENT PROPOSED DIRECTOR $ 125.000 $ 125,000 $ 6,500 $ 10,060 $ 13,875 $ 8,442 $ 4,000 $ 167,877 $ 167,877 ADMIN. SERVICES MGR $ 49,920 $ 51,917 $ 3,972 $ 5,763 $ 8,074 $ 2,000 $ 69,728 $ 71,725 ADMIN. ASST. $ 35,700 $ 35.700 $ 2,731 $ 3,963 $ 4,906 $ - $ 47,299 $ 47,299 ASSISTANT DIRECTOR $ 101,520 $ 105,581 $ 3.900 $ 8,375. $ 11,719 $ 8,283 $ 3,000 $ 136,797 $ 140.858 FINANCE DIRECTOR . $ 80,250 $ 83,460 $ 6,385 $ 9,264 $ 8,112 $ 3,000 $ 107,011 $ 110,221 FINANCE ASSISTANT $ 45,000 $ 46,800 $ 3,580 $ 5,195 $ 8,045 $ 2,000 $ 63.820 $ 65,620 - . DIR. OF PlANNING $ 86,000 $ 86,000 $ 6,579 $ 9,546 $ 8,160 $ - $ 110,285 $ 110,285 DEVELOPMENT MGR. $ 75,600 $ 78,624 $ 6,015 $ 8.727 $ 5,027 $ 3,000 $ 98,369 $ 101,393 ECONOMIC DEVL. DIR. $ 87,000 $ 87,000 $ 6,656 $ 9,657 $ 8,160 $ . $ 111,472 $ 111,472 SMALL BUS. DEVL COOR. S 55,000 $ 55,000 $ 4,208 $ 6,105 $ 8,110 $ - $ 73,422 $ 73,422 MKTING. & COMM. DIR. $ 64,800 $ 67,392 . $ 5,155 $ 7,481 $ 8,140 $ 3,000 $ 88,576 $ 91,168 MARKEllNG/EVENTS $ 37,000 $ 38,480 $ 2,944 $ 4,271 $ 7,986 $ 2,000 $ 54.201 $ 55,681 SPECIAL EVENTS MGR. $ 61,560 $ 64,022 $ 4,898 $ 7,106 $ 8,123 $ 3,000 $ 84.687 $ 87,150 OPTION 1: No Increases IOPTION 2: I COl: Pool of 4%-Staff Only 1$ 20,626 FY 2008-2009 with increases $ 891,691 POSITION CLASSIFICATIONS & SALARY RANGES I MINIMUM II MID-POINT II MAXIMUM POSITION ,',C . Executive Director Assistant Director ':''''0 ,.,...,....: .'O.ci,'.". --:-c Planning Director Development Manaaer . /",.,<".,.c" .... Economic Development Director Small Business Development Specialist -. Marketing & Communications Director Special Events Manager Marketing & Events Assistant ... Finance Director Finance Assistant ".,', --;- --:-::- Administrative Services Manager Administrative Assistant Key -- Yellow highlighting. VACANT position Green highlighting = In recruitment $ 94,000 $ 78,000 $ 72,000 $ 58,000 $ 75,000 $ 40,000 'T $ 55,000 $ 45,000 $ 30,000 .... $ 66,000 $ 45,000 ,...., $ 42,000 $ 30,000 $ 116,000 $ 90,000 $ 86,000 $ 74,000 i. $ 87,000 $ 55,000 .\' - $ 67,000 $ 60,000 $ 38,000 $ 80,000 $ 64,000 ,. $ 56,000 $ 38,000 $ 140,000 $ 110,000 $ 98,000 $ 90,000 $ 99,000 $ 70,000 $ 84,000 $ 75,000 $ 46,000 $ 92,000 $ 80,000 $ 75,000 $ 46,000 Source: 2005/2006 HR Organizational StUdy of CRA and Job Analysis Study by L. J. Craig & Associates __ -.J Planning Economic Marketing & Finance Directo Director Development Communications Director Director Finance Development Small Business Special Events Development Assistant Manager S cialist Manager Kev: To be hired In recruitment 111E WALt ~"REET JOURNAL. TIIe.rinIJ_I,. ,.,:.. G" J WffKHRff .~", -- - WRo_kfMe '" {._~f1~ ~YCUUknWne(J ~ 19.tKrfie News Today'. Hlwapaper My Onllnl Journll Multimedia & Onllnl Extraa Ma;" Career.Journal S..rch C.r..rJoum.1 Article. o ALSO ON CAREERS . How I Got H...: Lea<fng IKEA In Noo1h America . M,B.A . Sklp On.(;amplJ' Reau1fng . tIO Olys. Rltady to Retife? Fi'.l Plan E>dt Str.I09Y TODAY'S MOST POI'ULAR 1. OpInion For Obama. Ta~e-s Ate About F.lme.. 2 congress Passes ftM'est U>.I.... Most R.solutions 3 OJinion Obama'$ Tll>< Plan I. Reelly a "''ollerePlan 4 Amal_ Sdenlis.. Se.' Fusion Reacti<m 5 0p/IlIM T81J< About AudaOtyl 6 Ru..;a _ny Selle. GoorsPan I'ort 7, OpInion Obama on Clartl~ Thorna. 6 OJinioo: fnllation I. 8 Oe.' et>d Pre.ent D.nger e OpInioo Rus.i.l, Sb!/ . Hung<y Empire 10 OpInion Gul Check MOST EMAILED 1 opnlon Ob.m.', To,,( 1'1.,1 Is Really a We:fatG Plan 2 "'h.t', Comlrg From Vou' Tap? 3 Oplnion For Obarna, T a1.es At. Abollt F8~mes5 4 Oplnioo Obema On Clarence Thoma'$ 5. Congreu Pas"~ F......i!sl laws, Mo.t R ..0Mon. S Hertlalleg."'" 7 $kmed Trade. 5.., WO<1<... e OpInion Inllationls .O..r end Present D.nger e Juli. Child The OSS Vear. 10, 80"" R0911I.tiM [l<lba'o Heals Up CAREERS Inflation May Offset Pay Increases in '09 IIJ SARAH 1:. NEEDLEI'oIAN Despite the weak U.S. economy, employers nationwide are eXpe1:ted to raise workers' salaries next year at the same rate as they did this year, a new survey shows. But the Increase may be offset by rising inflation rates and lower 2008 bonuses tied to company performance. '/~3;{,8 Rank-and.file workers can expect to see their base pay rise by an average of 3.5% in 2009 .. the same amount they receh'ed this year, reports Watson Wyatt Worldwide Inc., a global human-resources consulting firm. High performers are projected to fare better, aaining an average of 4.4% in base pay, while mediocre performers are likely to see their paychecks Increase by 2% or less. Containing Costs (omp~n"'s SolY they \',IIl ,." I""Sf S''''09'.' '0 (lit Nd if "oMrnk WOC'ifOltlrll'Jr In May, Watson Wyatt, based in Arlington, Va, surveyed 1,3119 companies with 250 or more employees, 276 of them in the U.S., CrorlOfflS Ififll9 lilt fofk.wi/Ii tr>fINds I.)olls ,~Sl Or~'.II~t;M.1 ,esltuciu", J 4.~ Hirlll\llnwr . , W Sm.,II~r s.'.ry "'b., 1'.,127 Sol.rv r...,le"" n !."Iy'eliremenl V,IM"'"'_9 Ro;d\Kfd \',or~ ",,,,L .. R S;..t... \'ht";>l\'jtJh'I"\'~"';~!'Sot, ;fl~i t~"t "t}. 1'c<<t',.., i,t,~US 1 ~.:~:' fl';'\:'i''"tt. .""" in a wide range of industries. But even with a 3.5% raise, most workers will likely find that extra cash consumed by rising costs for everything from food to gasoline. The latest report from the U.S. Labor Department showed inDation rising at a brisk 5% in June.. more than the raise most employees will receive in 2009, "Inflation has crept up to a pace where even your better-perfonning employees won't make up the difference," says Laury Sejen, global director of strategic rewards consulting at Watson Wyatt. "They're going to be losing ground relative to inflation," Workers in critical and difficult.to.fill positions may be an exception. Employers who must retain talent are likely to offer those workers higher salary increases, says Steve Mllior, a business-unit president at CBIZ lnc., a consulting rum based in Cleveland. "Wll8CS will take off if there's any kind of competitive pressure for employees," he says. What's more, he says. expanding industries also are likely to boost salaries above others. Star1in& base salaries for finance directors at companies with annual sales of $1 00 million to $250 mil1ion rose 5.5% in 2008, reports Robert HalfIntemational Inc., a global staffing firm based In Menlo Park, Calif. And another study by the firm showed that 56% of 4.000 hiring managers surveyed were having trouble filling accounting and fmance jobs. http://online.wsj.comlarticle/SB 121678057371476163 ,html Page 1 of2 More I Enta' Syml>o!(s) 0' Koy,.ord(.) [ SEARCH I Sel My Home FellS I Cuslome, SIlVie. Marklts Data & TClOI. classlfled. EMPLOYER IERVlCIS -'-"'- .__........... . , Post e Job . I'IND A JOII !'~.e!oyer Log;r~L Keywords Slate/Province City .......,........ Advanced Searcl1. Posl YOlJ( Resume. ---~ , FIND 1~~ JOBS , ~ ~c~"=-----~ RESUME SERVICE - FREE CRITIQUE - ='''"' ,--,,"O....----.-~-_ RESOURCE CENTER WHO'S HIRING Job Seeker LOllin. MARKETPLACE - Partntr ....rket Opportun:ties ~~, ,CFO,c.~,O.c, TO, ,CIO ~I ~ ~!~ '100}{~ Job~_. S."ch Finn' lOOK Jobs . Top Executive. Avail. . L;g!J~;;~ ~I;';;'. ,- I ~!n.ge~~~t Oppori~n1t1. ..101 &.!"!~eUng ~ I ~cce'!,,~,,!ors ., ~~u.~~~ O.R. RH, . 1~.r18r1_er Job S.~rch. Online_Dog!:!,... I Sal.~~-",Too~~ F~l1une 51lO-"IlOK+Job. L~!..u~e WrlUn~~!l'n~. Nt~~,!<!"i. I ~.....r Cou~..eU,!~. ~~.t1<elpl.ce. ! ~'~.r!,nleed I~rv..!!!!~ cUIT8~~rr''!iIl!~ l!I~+ Jobi Data,~.e. D1vmllyJDMBA,c:orn. I Six Slgmal',!ll1lnp. ~b~~~ Score. I /Il1.p.no,-,,~,,!.! Educ..'!~~.tketplace. I Contact Rtcrultero. , R~_lIme s.rvt.. . I . CAREI!RJOURNAL VlDI!O CENTER rr;-] HQl Yoga ~ Chrtllill Cody, I nalionalaa:ounl manager at p~. ahara. her m. for hot... i~.. J>L~~' J fr.;tl Trps on Finding Flexible or Part-TIme Work ~ WSJ'. Sill ShellflbarQer shire. .orne IOfullons for those II-homl parents Iookng.., ~~ H.A'\,- rr;-]", Mapping OIA !he Employmenllendscape l':?J T1g GiIIiIm, c:hIel axec:utivl oIIIcet or stalling r~m Adecxo North Amine., talks,.. L!' ~~J\ 8/2012008 Page 2 of2 health care, government and education, according to a recent report from the Labor Department. See.AU CareerJOOflWI Videos Even in the tight economy, Ms. Sejen says she isn't surprised by the Watson Wyatt fmdings that most employers arc still planning to Increase wages In 2009. "There's a very strong, built-in, almost entitlement mentality surrounding the annual merit increase within American businesses," sbe explains. Reducing workers' annual pay increase could also jeopardize employers' abUity to retain talent, says Robert Trumble, professor of management at Virginia Commonwealth University and director of tbe Virginia Labor Studies Center in Richmond. "We can't get 100 far bebind inflation because employees get upset, " he says. "Human nature is such that we're willing to stay as we arc, but we're very reluctant 10 move back, and all employers know that. It's why very rarely you see pay cuts. " But those cuts could happen should the economy suffer a major blow down the road, the Watson Wyatt survey suggests. Two-thirds of respondents said they have formal plans in place to protect themselves in the event of future economic downturns. And wbile slightly more than half of those plans involve laying off workers, 27% said they would enforce smaller salary increases and an additional 13% said they would freeze wages. Another downside for workers: Bonuses tied to company performance will likely be Significantly less this year than last, says Mr. Trumble. "Bonuses are defmitely going to be down," he says. "The economy as a whole is down and most [bonuses] are performance-related." Write 10 Sarah E. Needleman at sarah.ncedlcm<ln@\\sj.com Sponsored Unks Unpaid Overtlm. Wig..? Net ~1lIng />lid 'or ,~ YQUly,'OIlI tim.? No '..s/costs U no recovery \\v.w,bobertaw com Insld. Watson "'Yo" Get WIlson Wi'<< Consu'lonl Surveys: Finn C<1/lUro. PlY & Mor,' VtWNVeult c:ClOlJCon$ulting Consulllng Firm l.o... P!ic4d ConsUting firm Consuf6ng Finn Savings I Consutting-F'wm C!uesl011nfo REl.A TED ARTICLES FROM ACROSS THE WEB RI\etld ContinI may roquir. I lubserlption , Sub,crlbe Now - Gt' 2 w..h fReE More related content P.w.rodbySph.,. ~ lS2I ~ liP L~Ql'\ MllffillG .. "'0>1 P~1AIl 4R. ~f1!!!lli b YAHOOlaUll /';OJGGms C"MYSPACe 10~et':lSS-~GEIRSS FEEOS Retum To Top WSJ DllIltel H.lwork: MarkelWatch I earronscom I AIlTh'"llsOigita' 00\V Jones News Alarts I Filife I MORE E-MAIL SIGN.tJP SIGn up to /Ieelve our WHldy ~1IIIt 01 ClIterJoumal headlinU. CIIeck the box, then dick 80... SottinQs to subscribe. LJ CareerJoumal .... "lings To v'_ ell or clleng. 'flY of your l-maJ sottinQs. c!;ck to the E."'al Selup Ce",.. Sub.crlbe RSS - - aublClille 10 update ear-JourneI headlines to read tom 'nyMletl on ilia Wa... For mora lbout RSS, dlcI< hefe Iii! Ca_rJotlmal Subscribe l.og In TaKe a Tour Contact Us Help Email Setup Cuslomer Service: Online I Prillt Privacy Policy Subwiber Agreement & Terms of Use Copyright Policy Mob~e Devices RSS Feeds News l.lcensing Advertisil19 About 00\V Jon.s Copyright e 2008 Dew Jones & Company, Inc All Rights Reserved 0,-.- http://online.wsj.comlarticle/SB 1216780573714 76163.html 8/20/2008 TRAVEL SUMMARY Board eRA Director Finance Planning Marketing Events Total eRA Travel Summary I FY 07-08 Budget I FY 07-08 Est. I FY 2008-2009 I $ 27,500 $ 26,500 $ 2,500 $ 14,190 $ 14,600 $ 3,750 $ 8,000 $ 13,052 $ 5,750 $ 16,000 $ 13,500 $ 3,000 $ 9,500 $ 7,905 $ 2,000 $ 9,500 $ 4,515 $ 2,500 $ 84,690 $ 80,072 $ 19,500 Increase/(Decrease) Bud et VS. FY 08-09 Amount % $ (25.000) -91 % $ (10,440) -74% $ (2,250) -28% * $ (13,000) -81% $ (7,500) -79% $ (7,000) -74% $ (65,190) -77% * Planning budget for FY 08-09 = $11,000 - $3,000 for travel, $8,000 for workshops. 1,206.62 669.00 703.76 669.00 669.00 Vivian Brooks MikeSitnon eRA:Boafd 1'iai" . , ", '.-", ~ > '. . .' . > All Board Members 7 Staff Members $135.00 $135.00 1/11/08 .. 1/12/08 Ft. Lauderdale $ 4,536.00 Vivian Brooks MikeSimoll Lisa Br' ht Susan Harris $ $ $ $ 1,554.66 1,499.16 1 879.61 1,489.31 , ' "' .' '. . -'~-~"""i'1?':;:"~i!f;'T' -'i":"~"':"'l:-',r~~~"'~~~~I__ , \ II '" i. '}' ~ \" ~~~ t~~~~~~~_~~~_,",":~~:_;::~~~:~:'~J :.!:1 ~)J~!~L~~l~~ J '~~i:~~~i ~ Susan Harris $ 2,055.08 Ghish Villanueva $ 619.09 r.,.,. ',,; . ,- . ,'>"~>' -="~~~?"'"'<r; ~''''''''P''''r(:'\:'''';-''-~~r;:,l'~''''r~~_ 1, h. ","III.H\I~t"...Y, :'''''~~':~'; 'r\/i\\,jl!.~ ~~) .{IJ.1/ ~~l",'%~~~~<" f r:'t\Vl,)' l .. _~,. _..~ __....=~=~.__~. _,""_.~__ . Jio,.._ .~J~"!,-n_. ._.<.~_{J _~ Kathy Biscuiti $ 3,515.17 Margee Adelsper~er $ 3,772.64 T:\ADMINISTRATIVE\Conference and Travellnfo\Conference Travel FY 07-08 ;~'-;-''; ;:..-. ;::. . " ~~~::':~"': ~''''-~:<;e-;- ;.;;i~":~J~l'l;;:' '>r;7j~\",::':;o;';-=:J;;:';;;J?~~~"'7';ol;~'i!"?2;'~?11'lI~~~~ l::~1['j, <\.....),!(~~\,!,(t{,."-'<)((. ;p<~~,<". ;(i,i)" ')'),'--\If:''i"'~',.)J~, '" ::UX''''.clr'!'liilll~S',1'''1 .-';';":-~-~-~--.......'....-'::~_"::"":"'~~:"..~:/~.~__....:w:;:.:t._~~~~""l.:...2__"...i:3:.-.....:::._ ~~ _~."~~ ~~ , Lisa Bright $ 2,103.37 Susan Harris $ 1,465.24 Mavor Taylor $' 1,750.25 Commissioner Ross $' 1,489.32 Commissioner Hay $ 1,510.57 Commissioner Weiland $ 1,556.74 ';'?:",- :,='.:: - ,: u - ::~-.-'~ c';~-~'-C-:':~'?":'i-.-';f'\.-'fC:"""'i~~~''''-P~'{-z'~7~~~[i[":7'~x'~,,*,"j;~TIllll~~~_ ,',' :." r ,..J . . .:) "h' '.:' lr'""~.c<':.~'h<P,,,::.1('_~n\j!<\;~~ .".Ii"j,j",i.1iJ ';r"~~it:1<,,;;;,.,,,j I<I~)i~al~'4', ~ru~ !': __._""i. _ .~_~~... ____~_._~_______~_"')_~~~_' ~;.;,._ _ i:!i:l;/i. Clf ...~....:;rH"~~___ 'i--=~ =_ _~ '>1ii:.<l"::;; Susan Harris GhisWane Villanueva $ $ 1,987,96 1,512.65 4 Board Members LB,VB lCSC ULI FRA LB,VB $ LB, VB, MA, MS $ LB, MA, KE, MS + 2 Ed. $ 3,000 $ 6,000 $ 6,000 $ 3,000.00 6,000.00 6,000.00 $ 79,947.75 T:\ADMINISTRATIVE\Conference and Travellnfo\Conference Travel FY 07-08 1I!!I~<tY~T8~ eRA Iii East Side-West Side-Seas'ode Renalssance eRA BOARD MEETING OF: September2,2008 I I Consent Agenda I X I Old Business I I New Business I I Leaal I I Other SUBJECT: Discussion of Contracts with American Realty - Ocean Breeze SUMMARY: At the August 12th 2008 CRA Board meeting, Frank Chirkinian of American Realty reported American Realty was not selected to receive Community Workforce Housing Initiatives Program (CWHIP) funds for the west side homeownership project. Mr. Chirkinian further explained American Realty has determined the multifamily townhome component of this project is not financially realistic at this time. However, current market conditions and demand would support a single-family homeownership project on the west side. In October of 2007, the CRA Board unanimously awarded American Realty the opportunity to redevelop the more than eight acre vacant site formerly known as Boynton Terrace. A brief chronology of the CRA's redevelopment efforts to date is as follows: Ocean Breeze Site Chronolol!V March 2007 CRA Enters into Purchase Agreement wlBoynton Associates - Source: 2005 Bond II - Affordable Access Funds March 2007 CRA Issues RFP for Site July 2007 eRA Board Hears Presentations from Three Affordable Developers - Two ofthe Proposers Drop Out ofthe RFP Process leaving only one Proposer for Board selection - Board Attorney Recommends Reissuing the RFP to seek a larger Respondent Pool for Board selection July 2007 RFP Reissued - Three Responses Received - American Realty - Carlisle Group - Auburn-Proposal rejected failed to meet minimum qualifications. T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetlngs\08 09 02 CRA Board Meeting September\Ocean Breeze.doc 1I!!I~<tY~T8~eRA Iii East Side-West Sode-Seaslde Renalssance October 2007 CRA Board Selects American Realty's Proposal - 84 Rental Units on East Side- dba Madison Breeze LLC - 56 For-Sale Townhomes on West Side- dba Oceanbreeze LLC January 2008 Boal'd Enters into Two (2) Separate Purchase Agreements with American Realty $1.68M for West Side - d/b/a Oceanbreeze LLC Deposit requirement- Section 2 a. of the Agreement- Within ten days of the receipt of a notice by the Florida Housing Finance Corporation of the award offimding, or October 31, 2008 whichever occurs first, purchaser shall pay to Seller a deposit of $140,000.00. The failure to tender the deposit by the referenced date shall constitute a default under the terms of this Agreement. $2.52M for East Side - d/b/a Madison Breeze LLC Deposit requirement- Section 2 a. of the Agreement- Within ten days of final rankings of the 2008 Cycle Universal Applications of the Florida Housing Finance C01poration, or October 31, 2008, whichever occllrsfirst, Purchaser shall pay to Seller a deposit of$21 0, 000. 00. Both Agreements were contingent upon receipt of State housing fund awards May 2008 American Not Awarded CWHIP Funds for West Side - State discontinues CWHIP Program - No dedicated large source of funds for for-sale product - Capital Markets have tight restrictions July 2008 American Not Awarded LIHTC for East Side - Florida Housing Finance Corp. Rule Change Still Needed for Proximity Issue (No Grocery Store in HOB) August 2008 CRA Board Hears American Realty Proposal for West Side - Townhouse component eliminated - 37 S/F for sale homes - Cottage style-single family homes - Greater Subsidy Needed due to Fewer Units - Board indicated preliminary approval to transfer land to American at no cost RTG to construct home component T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 .2008 Board Meetings\08 09 02 CRA Board Meeting September\Ocean Breeze.doc ( 1I!~~<tY~T8~ eRA Iii East Side-West Slde-Seaside Renalssance Following the American Realty project update presentation, the Board indicated its willingness to transfer real property to American Realty to facilitate their redevelopment of the project (see attached minutes from August 12, 2008 meeting) Several policy decisions must be addressed by the Board prior to formalizing the Board's endorsement of American Realty's revised plan: FAILURE TO MAKE PURCHASE MONEY DEPOSIT The purchase and sale agreement which the Board entered into with Oceanbreeze, LLC for the east-side project required the deposit of $210,000 "within ten days of final rankings of the 2008 Cycle Universal Applications by the Florida Housing Finance Corporation, or October 315\ 2008, whichever occurs ftrst." The purchaser has failed to timely make the deposit. Such failure constitutes a technical default under the terms of the contract, although the purchaser has the ability to cure the default when provided with five business days' notice by the CRA. MODIFICATION OF PROJECT The Board must make a policy decision whether the revised American Realty plan for the west side of the project constitutes a material deviation from their original proposal. The original proposal was for 56 for- sale townhomes on the west side and 84 rental units on the east side. If the modification is not a material deviation, the Board can proceed with American as the designated project developer and the requisite documents necessary to transfer land will be prepared. Alternatively, if the Board determines that the proposal is a material deviation from the plan which American proposed to obtain the award of the RFP, the Board can set aside the American Group proposal and move to the second proposer, the Carlisle Group. The Carlisle Group proposed to build 148 rental units on both the east and west parcel. A third alternative is to reject all prior proposals and seek new Requests for Proposals to redevelop the properties. Once the Board provides policy direction on the American Realty project modification, the Executive Director and her staff, with the assistance of the Board Attorney, will proceed to implement that direction. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 09 02 CRA Board Meeting September\Ocean Breeze.doc 1I!!I~<tY~T8~ eRA Iii East Side-West Side-Seaslde Renalssance FISCAL IMPACT: None at this time. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan OPTIONS: Purchase Money Deposit 1. Board authorization is sought to put the purchaser on notice of their default to make the purchase money deposit in order to start the five-day cure period running. Material Difference in Proposal I. Determine that that American's current proposal for the west side is not a material difference from the plan in American's original proposal submittal and direct staff and legal to proceed with creating the requisite documents necessary to transfer the land on the west side for $10.00. 2. Determine that the proposal for the west side is a material deviation from the plan which American proposed to obtain the award of the RFP and set aside the American Group proposal and move to the second proposer, the Carlisle Group. 3. Reject all prior proposals and seek new Requests for Proposals to redevelop the properties. ~ isa A. Bright Executive Director James Cherof CRA Legal Counsel T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 09 02 CRA Board Meeting September\Ocean Breeze.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2008 D. Presentation on Ocean Breeze Funding Options - American Realty Ms. Brooks explained the Community Housing Workforce Innovation Pilot Program {CWHIP} on the State level has been discontinued and the CRA has been working with American Realty to move their project forward. Frank Chlrklnlan, American Realty, had previous'ly provided an update and announced American Realty did not receive the CWHIP funds for the west side project, They were determining whether they could move forward with the project, and had committed to developing the west side. In an effort to find a new way to accomplish their goal,they were In contact with The Related Group (TRG) who was doing work on Seacrest, They were building eight new homes behind Seacrest. Of those eight homes, TRG received 50 phone calls for them, In addition to American Realty not receiving the CWHIP funds and the market changing, they determined the town homes would not be realistic on the west side. There was already a saturation of townhomes In the market and there was a desire for single-family homes. He gave a presentation and explained there was nothing unusual about the homes which were consistent with Delray Beach's Community land Trust area, The homes would be situated on 40 foot lots and there would be 32 units as opposed to 56 townhDmes. The two models of homes ranged from 1,300 square feet to 1,400 square feet and both had one-car garages, With the garage space Included, the total square footage under roof would be up to 1,525 and 1,625, The price for the lesser model was $194K and $205K for the larger model. American Realty conducted an affordablllty analysis based on an Individual earning about $39K, The analysis showed they would need $107K In down payment subsidies. If the Income increased, the subsidy would be less. The subsidy would require County and State exceed Initiative Plan (SHIP) funds In addition to Housing Assistance Plan (HAP) and a CRA match. The builder would only charge the construction price and would mitigate their developer's fee, American Realty explained they had to retool the land deal and In their proforma they committed to spending $20K per land unit on the west side for the 32 units. As each property was sold, the monies would be returned as HAP. Ms. Brooks explained some buyers would not need the HAP at all. Ms. Ross, Chair Taylor and Mr. Weiland disclosed they met with the developer. Ms. Brooks advised there was no money involved In the transaction, basically It was the land, An appraisal made about six months ago for both land parcels and the value of both properties was for $7,2M together. The builder needed half that amount. The time frame for construction on the west side was anticipated to occur In the first quarter of next year. A site plan had been prepared already and the front yard setbacks would not be as depicted on Mr. Chlrklnlan's presentation, but would be more similar to a PUD. They would buffer the homes along Seacrest and the homes faced one another in order to give more of a community feeling as opposed to a linear design, Wee Chair Rodriguez left the dais at 8:52 p.m. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida AU~Ust 12, 2008 The discount TRG was giving the project was they would charge $90 per square foot as opposed to $95 per square foot. The program was conceptual. SHIP funds were critical and they would approach the County for a set aside. Most of the SHIP funds would be for low- income applicants. Ms. Brooks thought obtaining a set aside would be a challenge for the moderate-income applicants; however, they would know within the next few months whether the set aside for SHIP on the City and County level was doable. Vice Chair Rodriguez returned to the dais at 8:57 p.m, Discussion about how the project would compare with the Auburn DevelDpment took place. Mr. Chirklnian explained it was consistent with the plan and the Florlbbean design project. A concern was raised about so many subsidies beIng required; however, Ms. Brooks explained it was typical with affordable housing, In the Preserve, the subsidy amount was about $lOOK. She explained using a bell curve, the curve where the income would fall would be about $3SK and there was still a gap of about $ lOOK. Another concern was how an applicant would maintain the home. Ms. Brooks explained, as a proponent of affordable housing, she was in favor of installing a 50- year roof on the home as opposed to a lO-year roof, and to ensure they have a garage to store equipment needed to maintain the home, The market in the HOB area was not anticipated to be pulling Individuals making $75K or more because there was not enough activity in the community to support that income range. The next round of housing could Include higher income individuals. American Realty had used 60% Average Median Income (AMI) for their parnes and as that percentage increased, the percentage of subSidy reduces. It was noted $66K was considered the average income. There was consensus to move ahead with the project by giving American Realty the land. Staff also supported the request which was to develop the property on the west side. Ms, Brooks noted the contract would have to be redone and the item would come back to the board. Additionally, they would need to figure out details about how to develop the project on land they did not own. E. Dumpster Art Program Status and Request for seven additional dumpsters. Chair Taylor explained 10 dumpsters were painted so far and there was a balance in the project fund of $4,312.66. The Dptions were to paint seven more dumpsters or discontinue the program. There was discussion the program did not address the mission of the CRA to eliminate blight and with the cuts, the funds should be used for something else. Converseiy, it was argued it did help with blight and the program should be completed. It was suggested using local high school students to paint in the future. 16 OCEAN BREEZE SITE September 5 RESPONSE TO REQUEST FOR PROPOSAL ISSUED BY BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 7 CARLISLE DEVELOPMENT GROUP . ~~~~~l~~~ ..,t. 1. A written general statement of the qualifications of the proposing firm or entity, including examples of experience with similar projects, as well as background Information on the principals. Good intentions and public support are important, but building better communities also requires expertise in real estate finance, design, construction, and management. Carlisle Development Group's diverse team - which combines decades of real estate development and management experience and demonstrated success winning tax credits and subsidies - sets us apart from our competitors. No other Florida developer can boast of as many successful public/private partnerships as Carlisle. From working with local nonprofits to redevelop neighborhoods to collaborating with public agencies on financing and site design, Carlisle has proven its ability to bridge the public and private sectors. Carlisle has the financial strength, technical expertise, and proven public/private experience to successfuliy complete the Ocean Breeze project. Carlisle is committed to working closely with Boynton Beach CRA to assure revitalization of the Heart of Boynton community. Our approach is to work closely with our partners, community groups, and the surrounding neighborhoods to seek their input, share preliminary plans, and shape the development so that it is viewed as a long-term asset to the community, both aesthetically and functionally. Typically, our developments create a critical mass that stimulates rehabilitation of surrounding developed property as well as high quality in-fill development of surrounding vacant property. Our development process begins by putting together an expert team of Carlisle professionals who will be responsible for the project from the initial planning phases through to occupancy. This team will work with the local neighborhoods, the local government and other stakeholders to promote the development. Once we have a vision for the site that meets the needs of the community and future residents, we begin the master planning, architectural design and permitting processes. Concurrently, Carlisle will determine the optimal capital structure for the project and negotiate the best terms possible with lenders, equity syndicators and public funders. We will oversee the construction process to ensure that the vision we agreed on is the reality we build. A list of past and present Carlisle projects, of similar composition, is attached hereto. Ocean Breeze Site - RFP Page 1 I ~~~!:L~_~~ The owners of Carlisle Development Group are Lloyd J. Boggio and Matthew S. Greer. L1o\(d J. Boggio Lloyd Boggio is Principal and Chief Executive Officer of Carlisle Development Group. Under his leadership, Carlisle has developed more than 40 affordable housing developments, providing over 6,000 units of housing in the State of Florida. Mr. Boggio plays an active role in Florida's affordable housing public policy discussions. Governor Jeb Bush appointed Mr. Boggio to serve on the State's Affordable Housing Study Commission, and he has served as a member of the Board of Directors of the Coalition of Affordable Housing Providers. Prior to starting Carlisle Development Group, Mr. Boggio was a co-founder and principal of The Cornerstone Group, another Florida affordable housing development firm. In that capacity, he developed 10 affordable housing developments with more than 2,000 units. In 1988, Mr. Boggio co- founded C/inton International Group, Inc., an integrated real estate firm headquartered in Coral Gables, where he directed property management of 760 rental apartments and more than one million square feet of commercial and office retail space. Matthew Greer Matt Greer is Principal and COO of Carlisle Development Group. Mr. Greer oversees the daily operations of the development, management, and construction divisions totaling over 140 employees. During Mr. Greer's tenure, Carlisle has doubled its tax credit activities and emerged as the premier affordable housing developer in the Southeast. Mr. Greer joined Carlisle after receiving a Masters with Honors in Real Estate Development from Columbia University's School of Architecture. Mr. Greer's finance experience includes work in investment banking and private equity at Goldman Sachs} Investment Banking Division and Lazard Freres' Private Equity Group. Prior to receiving his Masters, Mr. Greer graduated from Columbia University, earning a B.A. with Honors. Ocean Breeze Site - RFP Page 2 . ~~~-b-l~bg 2, A certificate of good standing from the Secretary of State in which the corporation does business. Please see attached. 3. A list of team members and their professional qualifications along with a list of projects on which they have actively participated. Kenneth Naylor Ken Naylor is a Senior Developer for Carlisle Development Group. Mr. Naylor has diverse experience in real estate development including land acquisition, site planning, sourcing of equity and debt, construction management, and sales/leasing supervision. Mr. Naylor is currently working on several other developments in South Florida including Tallman Pines in Deerfield Beach and Dixie Court in Fort Lauderdale. Prior to joining Carlisle, Mr. Naylor gained project management experience as a Senior Associate at GVA Hunter, a land development and site location consulting firm based in Chattanooga, Tennessee. He completed a three-semester exchange program at Kansai Gaidai University in Osaka, Japan prior to graduating with Honors from the University of Miami. Lindsav lecour Lindsay Lecour is a Project Manager for Carlisle Development Group. Ms. Lecour comes to real estate development with experience in public finance, management consulting and project management. Ms. Lecour is currently working with Mr. Naylor on the Dixie Court developments, as well as other developments 1n Miami-Dade and Hardee Counties. Prior to joining Carlisle, Ms. lecour was an analyst for a Seattle-based regional investment bank specializing in public finance, and a management consultant in the financial services and nonprofit Ocean Breeze Site - RFP Page 3 . ~~~l:.:~~b~ sectors. Ms. Lecour holds an MBA from Yale University and earned a B.A. in International Relations from Stanford University, where she studied for a year in Santiago, Chile. Mitchell Rosenstein Mitch Rosenstein is Vice President of Finance for Carlisle Development Group. His areas of responsibility include managing Carlisle's relationships with its financial partners, negotiating and structuring equity and debt terms, forecasting of construction and operating costs, and evaluating new financial instruments. During his tenure at Carlisle, Mr. Rosenstein has overseen nearly half a billion dollars in debt and equity financing for 30 developments encompassing over 5,000 affordable housing units. Mr. Rosenstein also advises state and local funding agencies on how allocation rules and requirements impact the financial feasibility of affordable housing. He graduated from University of Florida with Honors, earning a B.S. in Finance with a minor in Economics. Elizabeth Wong Liz Wong is Vice President for Applications and Underwriting for Carlisle Development Group. She has over 10 years of experience overseeing applications to the Florida Housing Finance Corporation, state and local governments, and private lenders and investors. Ms. Wong's deep experience with subsidy funding processes gives Carlisle's development team a distinct competitive advantage in the competition for scarce funding sources. She is also responsible for satisfying the many credit underwriting requirements of public and private sector funding sources and for the successful closing of financial and partnership transactions. Before joining Carlisle Development Group, Ms. Wong was a member of Mr. Boggio's team at Clinton International Group, Inc. Ms. Wong is a graduate of Saint John's University, where she earned a B.S. in Accounting. She is also a licensed Florida Real Estate Salesperson. Janette Giddings Janette Giddings is Senior Vice President of Carlisle Property Management, Inc. and manages day-to-day operations of Carlisle's portfolio of nearly 30 completed properties. Her responsibilities include supervising and training the property management and maintenance staff, ensuring compliance with governmental regulations, budgeting and accounting, implementing resident retention programs and services, and community relations. Prior to joining Carlisle, she managed Williams Island, an 81-acre island located in Aventura, where she supervised 200 employees. Ms. Giddings attended Kingsway College in London and majored in Business Administration. Ocean Breeze Site - RFP Page 4 I S:~~k!~~g 4. A written list of projects developed by the entity including photographs, addresses, date the project was completed and general project description. Please see project list attached hereto. 5, A detailed description of the proposed project, with text and graphics. This should include a schematic site layout plan, proposed density, parking locations, typical floor plans and elevations. If the project is to be phased, please describe the phasing plan and timing. Carlisle foresees the development of 148 units at +/- 18.5 units per acre; and constructed as one phase. Please see attached site layout, parking locations, typical floor plans, and elevations. 6, List of number of units and types, including number of bedrooms, rental or for sale units, etc. Please estimate the number of units and type of units that will meet HUD's definition of "affordable", Such estimate should not be less than twenty percent of the total project. The project will consist of 116 two bedroom units and 32 three bedroom units, all of which will be rental units and comply with HUD's definition of "affordable." 7. A preliminary estimate of the total project cost, including any required Infrastructure costs, aiong with the types and sources of financing including public subsidy or incentives ( monetary of in kind), if any. Total project costs are currently estimated at $25,424,465 which we anticipate obtaining from the following funding sources: 9% tax credits, TIF Funds, Palm Beach County SHIP Funds, fee waivers, and conventional debt. Ocean Breeze Site - RFP Page 5 . ~~~.h~~_~~ 8. Demonstrate extensive experience with obtaining project-based subsidies far affordable housing by listing projects and the amount and type of subsidy utilized, See attached list of projects. 9. A signed written statement outlining the role that a local non-profit Community Development Corporation would play in the proposed development project, Signed statement is attached hereto. 10. A signed written statement cammltting to using local residents In the development of the project. Signed statement is attached hereto. 11, A signed written statement to purchase the property indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection If selected as the qualified proposer. Signed statement is attached hereto. 12, A preliminary commitment letter from a credible lending institution to fund the purchase of the property. Financial commitment letter is attached hereto. Ocean Breeze Site - RFP Page 6 , ~~f3bl,.~~!::~ 13, Proof of financial capability to complete a project of this scope. Please see attached financiats. 14. A letter attesting that the respondent has read and understands all procedures of this RFP, please see letter attached hereto. 15. A promotional powerPolnt presentation, consisting of 10 to 15 slides, Please see enclosed PowerPoint diskette. 16, A list of aI/Individuals who have been engaged to lobby on behalf of the Proposer, Carlisle has not engaged any individuals to lobby on its behalf for this project. Ocean Breeze Site - RFP Page 7 OD:3'~ :J.9E:;o, Florida Department of State Division of Corporations Public Access Sys~ Electronic FiJing Cover Sheet .....:-..............._. ._...... '0. ..__ _.........1............ " Note: Please print thlt page and use it a8 8 cover sheet. Type the fax audit number (shown below) on the tOll and. bottom of all pages of the document (((H0700007S8SS 3))) . . ,'. :'.',..:: 1. :', '1IIltllllllfllllllllllllltllllllllllf nIIIIIIIIIIIlIJIIIIIIII~IIfIIIIlIIIllIfIlIllIlIIlIII' ," '.:' ~ ~ ~ :-:. . . J'. HOTOOOO758553~4 'Note~ DO NOT.bit the RBFRESH/RELOAD button on your browser from lhis . page. Doing 9o.wlll generate another cover sheet .u___... _. .... ....--..-............. =--~.."'.. ..~~. .;r..._..._~ TO: . '. Divislon o.E Corporations , Fax Number {B50)205-0383 From: Account Nam.e Accoum; Numbe,;- Ph one FilX Number STEARNS WEAVER MILLER WEISSLER AL~AOEF & r~0060000135 (305)789-3200 (30SP89-3395 . l::l o - -...I ... ':S tr... (I'l:.... S;' oS: :;0 :z.i;~ J'.) ~~-:-: SITTE~N, df~P 0::> ..,-: ;ps ~Ol'"~ ::I: ~-:--:.- Sv> CO .....~ .. ';...~ ~- or:- <5!"""': Con ;:t: rjl . . C">.J Q N W ,:.:.. >- :E: - c:( W U) (.) N OJ 0::. 0:: ~ ....... 0 FLORIDA/FOREIGN LIMITED LIABILITY CO. ~C3 ~cr ~t;)g u.u:.; OLlJ ;-w I): Uj "CC/J ,_.~ I.J.J~ cc..c &1~ (/)~ CDG, LLC Cerdflcatc of Status 1 Certified COpy I Paae Count ()2 EstiIDated Char2C $160.00 ~ ., - '. _~_......._...._...... _ _u__......... ....-.. .. t. u.. ....._._ Electronic Filing. Menu . Corporate Filing Menu Help https:J/eflle.sunbiz.orglscrlpWefilcovr.exe 3/2212007 " , 03/23/2001 17:38 FAX 3057993385 STEARNS WEAVER MILLER , . H07000075855 3 ARTICLES OF ORGANIZATION OF COO, LLC Tbe undersigned. for the purpose: offorming a limited liability company under the Florida Limited Liablllty Company Act. Florida St/rtUtes Chapter 608, as amended, hereby makes, acknowledges and files the following ~cles of.Organization, ~ .:: ~. . ~ . f /', .! . . '. ARTICLE 1- NAME .' . ".: ....t ,t\ . The name of the limited'liability c6mpany is COG, Ltc (the "COl'Opatly"), ARTICLE n - ADDRESS The mailing ~ddres8 and street address of the principal'office of the Company is 2950 S. W. 27th Avenue, Suite 200, Miami, Florida 33133. . 6B-~CLE ill - DURATION The period of duration for the Company sliall be: perpetual. ARTICLE IV - REGISTERED OFFICE AND AGENT AND ADDRESS The nam~ and street address of the registered agent of the Company in the State of Florida are: ~ Address Brian J. McDonough 2200 Museum Tower 150 West Flagler Street Mianrl. Florida 33130 AR'flC1,~ V - MANAGEMENT The Company is a me~ber~mBJ18ged limited liability company. HD7000075855 3 iii 002/003 " . o S! -.j :S~" ::n: ~~ > 0_ ::0 :r: ;;, N ~>"'I 0'\ n;:;;; P: o......:~ ~ .:g9c e~ 9? ).; :;"'1 -4~ eM u; J:'" (J1 03/23/2007 11:39 FAX 3057893355 STEARHS WEAVER MILLER ~ 003/003 .",.. . 001000075855 3 IN WITNESS WHEREOF, the undersigned authorized representative of the Members has made and subscribed these Articles of Organi7Ation this ~ day of March, 2007. REGISTERED AGENT'S ACCEPTANCE . . ~ '., I . Having been named as registered agent and to ac<<lpt service ofptocess for eno. LLC..a' t' " Florida limited liability company, at the place designated in this'certificate, the undersigned'hereby: accepts the appOintment as registered aaent IUld agrees to act in this capacity, The undersigned . , . . . further agrees to comply with the provisions of all stafutes relating to the proper and ~mptete:. \ , . \.' performance ofiti duties, IUld is familiar wi1hand accepts the obligations orits position as registeted . "':':'. agent 8$ pl'o'Yided for'in Chapter 608, Florida Statut~. 1;\W,4;0\3A'S6\OOO\CIXl\AOO.d~ o o,.,J s: :::g N 0'\ :ra :c: ~ z:- U1 ~ <,0') v:iT1 -C"") 0... =[:1 ~>~ c.,;:; r !2-<rr; ~~CJ o' :::><.11 >~ ~-. 0"" ;z: Ul H07000075855 3 2 Project Name proiect Address # of Units Type &; Source of Construction Finance &; Subsidy Amount Marlcet Set.Aside 1 CRESTVIEW PARK 2903 Lake Trafford Road 208 PNC $ 13,000,000 Family 56% @ 50% AMI Lease- Up Immokalee, FL 34142 9% Aonual Credits, PNC $ 1,300,000 44% @ 60% Collier County 2 ARBOR CREST On Cleveland St & King $1. 120 Neighborhood Lending Partners of West Florida, Inc. S 5,200,000 Family 10%@30%AMI Lease- Up Quincy, F L 32351 9% Annual Credits, Related Capital Company S 750,000 90% @ 60% Gadsden County 3 VALENCIA GARDEN 635 South 5th Avenue 104 Neighborhood Lending Partners of West Florida, Inc. S 2,775,000 Family 7% @ 30% AMI Lease- Up Wauchula, FL CDFI Loan S 260,000 93% @ 50% AMI Hardee County 9% Annual Credits, Richman Group S 975,000 4 ROYALTON (Rehab) 131 SE 1" Street 100 Wachovia Formerly 80% @ 30% or below Miami, FL 33130 State Apartment Incentive Loan (SAIL) $ 3,000,000 Homeless 20%@ 60% AMI Miami.Dade County SURTAX Loan $ 2,250,000 HOME County/City S 1,405,000 Shelter Plus Care $ 2,000,000 9% Annual Credits, Wachovla $ 921,555 5 CHRISTINE COVE 3730 Soutel Drive 96 California Trust (Duval County MFRB) $ 6,000,000 Elderly 100% @ 60% AMI Lease- Up Jacksonville, FL 32208 SAIL Loan S 4,000,000 Duval County Duval County Loan $ 1,000,000 JEA Loan . $ 130,887 4% Annual Credits, AIG/Sunamerica $ 342,640 6 ALABASTER GARDENS 929 Massachussettes Ave. 147 California Trust (FHFC MFRB) $ 9,000,000 Elderly 100%@60%AMI Lease- Up Pensacola, FL 32505 SAlL Loan $ 4,000,000 Escambia County Escambia County Hurricane Housing Rental Loan $ 2,000,000 4% Annual Credits, AIGI$unamerlca S 526,410 7 BELL RIDGE 4500 Pace Lane 122 Bank of America $ 5,600,000 Family 100% @60% AMI Pace, FL 32571 Santa Rosa Hurricane Housing Rental Program Loan $ 1,400,000 Santa Rosa County 9% Annual Credits, Richman Group $ 892,500 8 BELL RIDGE II Pace Lane & Skipper Lane 48 Bank of America (FHFC MFRB) S 4,750,000 Family 25% @ 35% AMI Pace, FL 32571 FHFC Rental Recovery Loan Program $ 4,700,000 75% @ 60% AMI Santa Rosa County Santa Rosa Hurricane Housing Rental Program Loan S 300,000 4% Annual Credits, Richman Group $ 263,130 9 MAGNOLIA CROSSING Thornton & Albany Street 56 Bank of America (FHFC MFRB) $ 5,750,000 Family 25% @ 35% AMI Pace, FL 32571 FHFC Rental Recovery Loan Program $ 5,700,000 75% @ 60% AMI Santa Rosa County Santa Rosa Hurricane Housing Rental Program Loan $ 300,000 4% Annual Credits, Richman Group $ 275,500 10 COUNTRY WALK 250 Maxwell Drive 64 Bank of America (FHFC MFRB) $ 5,200,000 Family 25% @ 35% AMI Wauchula, FL 33873 FHFC Rental Recovery Loan Program $ 5,800,000 75% @ 60% AMI Hardee County 4% Annual Credits, Richman Group $ 365,816 11 ST. LUKE'S LIFE CENTER 909 Quincy Street 150 Neighborhood Lending Partners of West Florida, Inc $ 3,400,000 Elderly 18%@30%AMI Lakeland, FL 33815 Polk Cty Hurricane Housing Rental Loan/Grant $ 1,502,763 82% @ 60% AMI Polk County 9% Annual Credits, Richman Group $ 1,511,082 12 AMBER GARDEN 1301 NW 23rd Streel 110 Wachovia $ 3,700,000 Elderly 13% @ 30% AMI Miami, FL 33142 FHFC SAIL Loan $ 1,125,000 87% @ 60% AMI Miami-Dade County SURTAX County Loan $ 3,825,000 HOME City Loan $ 675,015 9% Annual Credits, Wachovia $ 1,694,617 13 SONRISE VILLAS II No, Willow Sl & Sonrise PI 80 Neighborhood Lending Partners of West Florida, Inc $ 3,500,000 Farmworker 100% @60%AMI F ellsmere, FL 32948 9% Annual Credits, Allian! Asset Management S 900,000 Indian River County 14 TALLMAN PINES NE 41st Street & 8th Ave 176 Bank Of America $ 5,300,000 Family 15% @ 30% AMI Deerlield Beach, FL 33064 HOME County Loan $ 1,000,000 85% @ 60% AMI Broward County 9% Annual Credits, Richman Group $ 2,435,000 15 VILLA PATRICIA 234-42 NE 79th Street 125 Neighborhood Lending Partners of So. Florida, Inc. S 4,500,000 Elderly 18% @ 30% AMI Miami, FL 33138 FHFC SAil Loan $ 1,562,500 82% @ 60% AMI Miami-Dade County SURTAX County Loan $ 5,380,000 HOME City Loan $ 674,000 9% Annual Credits, Richman Group $ 1,850,390 CARLISLE. CONSTRUCTION PROJECTS 2960 SW 27th Avenue, #200, Miami, Florida 33133 Aug.o7 CARLISLE PROJECTS Carlisle Development Group, LLC does hereby endeavor to seek a partner with a local CDC to provide local outreach for construction hiring and leasing. We would also look to the selected CDC for support in the procurement of local funding and fee waivers. rlisle Development Group, LLC By: Matt Greer Carlisle Development Group, LLC does hereby endeavor to hire local residents, where feasible, by making contracting information available to local residents, encouraging subcontractors to identify opportunities for participation by local residents, and by working with local assistance organizations and a CDC partner to reach out directly to the residents that could participate. ~ By: Matt Greer Carlisle Development Group, LLC is agreeable to purchasing the subject site for $4,500,000 by signing a purchase and sale agreement within ninety (90) days of being selected as the qualified proposer. The sales price shall be contingent upon Carlisle's ability to procure the following funding sources: 9% tax credits, TIF Funds, Palm Beach County SHIP Funds, and fee waivers. sle Development Group By: Matthew Greer i . D1\.IC ':.", .. r I 'I , MULT1FAMIL Y CAP1TAL July 25, 2007 Revised August 28, 2007 Via Email Mr. Charles Picciola Carlisle Development Group 2950 SW 27th Avenue, Suite 200 Coconut Grove, Florida 33133 Re: Ocean Breeze Site, Boynton Beach, Florida Predevelopment Financing Dear Charles: Thank you for the opportunity to submit this preliminary letter of intent to provide predevelopment financing for the above reference project located in Boynton Beach, Florida. We have reviewed the information you have provided regarding the project. Subject to normal and customary due diligence and underwriting, PNC will provide predevelopment financing in the amount of $4,500,000 as well as an amount to cover customary real estate acquisition and closing cost associated with the acquisition of the land. The terms of the predevelopment financing are anticipated to be consistent with the other predevelopment facilities PNC has recently provided Carlisle Development Group. We look fOlward to continuing our relationship with you and your associates at Carlisle Development Group. Sincerely, PNC MultiFamily Capital Carlisle Development Group LLC Income Statement Period(s) Ending July 312007 INCOME Developer Fee Income Other Income TOTAL INCOME PAYROLL& EMPLOYEE BENEFITS Payroll-Staff Payroll-Taxes Payroll-Subcontractor Bonuses Employee Benefits Workmans Camp los TOTA.L PAYROLL ADMINISTRATION Auto Allowance/Expense Bad Debt Computer Exp. Consulting Dues & Subscriptions Electricity Employee Recruiting Insurance Interest/LOC Expense licenses & Fees t'liscellaneous Expense Office Leases office Expenses Postage & Delivery Professional Fees Rent & Parking Telephone Travel & Entertainment TOTAL ADMINISTRATION TOTAL OPERATING EXPENSES NET OPERATING INCOME/(LOSS) ~ certified to be t ve to the best of our Total 5,870,138 343,579 6,213,717 715,361 81,007 49,066 19,989 14,622 9,894 889,939 3,842 2'2/829 117,716 57,322 2,799 10,381 79,900 12,813 499,7<16 11,982 40,473 31,621 26,332 10,811 17,920 145,503 39,2<15 148,472 1,279,707 2,169,646 4,044,071 Carlisle Development Group LLC Balance Sheet July 31, 2007 ASSETS Total Cash 5,297,306 Accounts Receivable 734,117 Accrued Developer Fees 3,082,769 Total Current Assets 9{114,193 FIXED A$J)ETS Furniture & Fixtures 7,746 Equipment 258,872 Accum.Depreclatlon (174,902) Total Fixed Assets 91,716 OTHER ASSETS Due from Affiliated Companies 438,565 Pre-Development Cost 9,033,237 other Assets 11,434 Total Other Assets 9,483,236 TOTAL ASSETS 18,689,145 LIABIUTIES Accounts Payables 33,094 Loan Payable- L.O.C. 10,146,007 Total Current L1abilitJes 10,179,101 Partners' Capital 8,510,044 TOTAlLIABILlTY&PARTNERS' CAPTIAl 18,689,145 certified to be tru Carlisle Development Group, LLC has reviewed all terms and procedures ofthis RFP and is accepting of such. M~ Idiill~~ II I 1111111 ,1111111111 fBJIS ~ oA"!t mill !liiS II ~ ~ 'I~ ~ J I 3~~ < lilliUu ~~ 11 i i I ; ~ l!! III II I · I 'l J 1.& I IIII ih II' (K I ~ ~ I I PROPOSAL A "Floribbean" style, mixed-income transformati'on of the Oceanbreeze Site . City of Boynton Beach American Realty Development, LLC P .L. Group, Inc. rag~ 1 of 12 ('I ( The BoyntoliBeach Community Redevelopment Agency Developer Qualification and Proposal Solicitation Heart of Boynton -Ocean Breeze Site City of Boynton Beach, Florida Project Descriotion The Boynton Beach Community Redevelopment Agency (CRA) is issuing a request for qualifications and proposals tor the redevelopment of an eight (8)(+/-) acre vacant site located in the HeaIt of Boynton community known as the "Ocean Breeze Site;'. Proposals must be c,onsisteht with recommendations made within the eRA's Heart of Boynton Community Redevelopment Plan:. The Plan's goals are to leverage the publicly owned real estate asset to support the redevelopment of the area, to increase the residential opportunities in the. area, and to provide quality public enhancements that Improve the recreational~ economic. and cultural quality of life for residents~ The central location, pro:?'hnity to the coastal area, and significant public support creates a particularly attractive development opportwlity. Community and Economic Settine /;' t l The City of Boynton Beach, with a population of about 63,000, is the third largest city in Palm. Beacb County, Florida. It is lQcated approximately 45 miles north of Miami and 15 miles south of West Palm Beach. This puts it in the heart of southeast Florida's rapidly growing tn-county Miami-DadelBrowardIPalmBeach Metropolitan area. ( By virtue of its location, Boynton Beach has direct access tQ the Intracoastal Waterway; futerstate 95 and the Florida Turnpike. It also has a market of more than 6 million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. The H~ of Boynton is bounded to the west by 1-95~ Federal Highway to the east, the Boynton Beach Canal (C-16) to the north and Boynton Beach Boulevard to the south. Seactest Bow.evard runs north-south through the center of the cOIhniunity. TIle Heart of Boynton Community Redevelopment Plan represents the second of the five- part eRA plan update. The area consists of approximately 338 acres located immediately north and west of the historic downtown core of the city. According to the 2000 census, the area contained 3,193 people, 89 percent of whom were African-American with a median household mcome of approximately $27, I 00. Given the location, history and demographic makeup ofthe community, there is a natural concern that redevelopment would mean "gentrification" and displacement of existing residents. Therefore, responses to the RFP should address this concern. ! I 'I i \ T:\DEVELOPMEN~ Breezc\RFP Reissue\Ocean Breeze RFP Reissue.doc Page 2 of 12 (- Site and Strategic Planiiinit Considerations All development proposals must include the following: 1. Enhanced sfreetscapes to encourage pedestrian traffic and encourage additional privateinv~tment. 2. A covered trolley stop at Seacrest Blvd. 3. A site plan that conforms to accepted urban design principles. 4. An affordable housing component, a minimum of twenty percent (20%) of the project. Architectural and Desi2Il Considel'ations The project should inchide. quality architectural design and site developOleht standards that enhance the area and adjacent neighborhoods. The Heart of Boynton Community RedevelopJ11~t Plan and the Heart of Boynton Master Plans & Schematic Design should be relied on for design guidance. Proposals that do not adhere to these plans will not be considered. Commitment to the Proiect ( \ The plllpase of the eRA is to encourage redevelopment and civic improvements in its designated area. The Community Redevelopment Plan enables the area to generate tax increment 1-eVell.ue that can be used for a variety of activities associatecJ. with the redevelopment of the Heart of Boynton community. The eRA's Direct lncentive Programs may be available for developments that meet the program criteria. Proposals shall tnclude l!. statem~nt indicating to what extent the Proposal is contingent, if at all, on the receipt of incentives from the CRA, the City of Boynton Beach, or any other govertunental entity. Documents Availabie For Review To better understand the eRA's objectives, as well as the opportunities and constraints for redeveloping the site, the following documents are available in electronic format and may be retrieved from the eRA at: http://www.boyntonbeachcra.com Heart of BOYllton Connnunity Redevelopment Plan Heart of Boynton Master Plans & Schematic Designs City of Boynton Beach Ordinance 07-008 (disclosure oflobbying) AU proposals must include a certification by the Proposer that the Proposer has reviewed the foregoing listed documents and that the Proposal complies with the objective set forth in those ddcuments. T:\DEVELOPMENT\Ocean BretzelRFP ReissuelOcean Breeze RFP Reissue.Me Page 3 of12 r"i Submission Criteria Sealed. developer qualifications and proposals must be received by the Boynton Beach COIllI11unity Redevelopment Agency at 915 S. Federal Highway, Boynton Beach) Florida 33435, no iater than 3:00 p.m. (E.S.T.) on September 5, 2007. Faxed proposals will not be permitted. The failure to strictly meet this deadlin~ will result in t}le submittal being rejetted !lnd returned unopened. Any question regarding whether a submittal has been snbmltted timely shall be resolved by reference to the time kept at the CRA office by the CRA's receptionist or other delegated representative for the receipt of the submittals. All of the following documents must be submitted or the proposal will not be considered (original plus twelve (12) copies of all documents and a disk containing the submission documents): 1. A written general statement of the qualifications of the proposing fum or entity, including examples of experience with similar projects, as well as background information on the principals. A copy of the most recent Federal Form 254 should be provided, if available. If the selected development entity is a public corporation, it may also be asked to provide c()piesofits annual report or SEC filings as appropriate. I'"~ \ 2. A certificate of good standing fi'om the Secretary of State in which the corporation does business. 3. A list of team members and their professional qualifications along with a list of projects on which they have actively participated. 4. A written list of projects developed by the entity including photographs, addresses, date the project was completed and general project description. S. A detailed descriptlott of the proposed project; with text and graphics. This should include Ii schematic site layout phm, proposed density, parking locations, typical floor plans and elevations. If the project is to be phased, please describe the phasing plan and timing. 6. List of the number of units and types, including number of bedrooms, rental or for sale units, etc. Please estimate the number of units and type of units that will meet HUD's definition of"affordable". Such estimate should not be less than twenty percent of the total project. 7. A preliminary estimate of the 'total project cost; including any required infrastructure costs; along with the types and sources of financing including public subsidy or incentives (monetary or in kind), if any. T:\DEVELOPMENlIOcean Breeze\RFP Rei$sue\~&J Breeze RFP Reissue.doc Page 4 of 12 (-"\ i ~.Prop9seJ must demon~trate e~ellsive experience with obtaining project-based subsidies foJ;' affordable housing by listing projects and the amQunt and type of subsidy utilized. 9. A signed written statement outlining the role a local non-profit Community Development Corporation would play in the proposed development project. 10. A signed written statement committing to using local residents in the development of the project 11. A signed written statement (0 purchase the property indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selecte<i as the qualified proposer. Any Purchase an~ DeveloJlll1,ent Agreement ('~ Agreement") will contain performance criteria~ agreertieuts for tim~ limitations for having fu.Qding in place and construction to commence, limitations on transferability or assignability of the Agreement without prior approval from the CRA, termination provisions for failute to meet the criteria listed. and other provisions to adequately define the rights, duties and obligations of the parties. 12. A preliminary commitment letter fl.-om a credible lending institution to fund the ptItchase of the property. /' \; , , 13. Proof of financial capability to complete a project of this scope. Financial information should be submitted in a separate, sealed envelope or package and marked ~confidential'. Financial infOlmation will 'be accepted. only from the proposing entity. 14. A letter attesdng that the respc)lldellt has read and understm'1ds all procedures of this RFP. 15. A promotional PowerPoint presentation, consisting of 10 to 1S slides. , 16, A list of all individuals who have been engaged to lobby on behalf nf the Proposer r1 / If' ()fferjn~ The CRA is offering for sale an approximate eight acre vacant area (See Attached Site Map), located along the east and west side of Seacrest Avenue. This site has been selected for its high visibility and the opportunity to advance the redevelopment of the commwlity . It is expected that the new development will compliment (not replicate) the existing physical character of the community. Accordingly, building heights should not exceed 35 feet and the style, color and building materials should reflect the sub-tropical characteristics of south Florida and the Caribbean (Floribbean). T:\DEVELOPMtN1\Ocean Breeze\RFP Rcissuc\Ocean Breeze RFP Reissue.doc Page S of 12 ,r,\ , I It is further expected that the development proposals will be consistent with the Heart of Boynton Community Redevelopment Pian, include additional amenities, as wen a~ enhap,ce or improve ex.isting community assets. Overriding goals include quality design through the use of urban design principles, the use of altemative energy sources, encouragement of various modes of transportation and the provision of affordable ho~ing, ReSpondents are encouraged to exercise creativity in defining a concept that satisfies the vision of the l'edevelopinent plan, applicable zoning or entitlements, and sound real estate development practices. Addjtionally, the proposal shall include the enhancement of public spaces as indicated in the Heart of Boynton Redevelopment Plan and the Heart of Boynton Master Plans and Schematic Design. ZOnillg: The current land use designation is High Density Residential and the zoning classification is Multi~Fanlily (10.8 dwac). Proposer may request that the property may be rezoned to Special High Density and Infill Planned Unit Development (20 duJac). Process r ,. , All proposals shaH be preliminarily reviewed by the eRA staff for compliance with the requirements of submittal. All proposals which fail to meet the submission requirements shaH be rejected by the Executive Director and the proposer notified by certified mail of the grolnids fot the rejection of the proposal. . If there are more than two qualified proposals submitted in response to this RFP, the selection committee shall evaluate the proposals using the following criteria. eRA staff shall forward the selectiol1 COlnmitlees tanking information to the Board. The Board will conduct a public heating, consider the Selection Committee recommendation and the presentations by all Proposers, select a pl'oposer and direct that negotiations with the selected Proposer commence If only one qualified proposal is received, the eRA Board shall direct that negotiations with the sole Proposer commence. Whether by commIttee or Board action, evaluation and ranking of proposals shall be based upon the following criteria: 1. Experience with development in markets similar to the project area, 2. Ability to proceed immediately from a financial and organizational perspective. 3, Adherence to the adopted Heart of Boynton Community Redevelopment Plan 4. Experience in obtaining project-based Florida housing subsidy funds. 5. P~oject design, amenities and public benefits. T:\DEVELOPME;NTIOcean Breeze\RFP Reissue\Oeean Breeze RFP Rcissuc,doc Page 6 of12 f'\ 6. .7. 8. Experience . with Working with iocal non-profits. Commitment to use local residents in the constrUction of the project Cost ofincentives to the CRA or the City of Boynton Beach. sought by the Proposer. ~roposers will make their presentation before the Board of the CRA. PowerPoint presentations are required and twenty-five (25) printed copies of the presentation shall be made available. Following the pub1i~ pn:sentations. a P~'oposer will be selected by the CRA Board. The eRA ij11d the suc;cessful proposer will coI11inence negotiation of a Purchase and Development Agreement for the land. Should a Purchase and Development Agreement satisfacto,ry to both parties not be. able to be agreed upon within ninety (90) calendar days of the selection of the sliccessful proposer, the negotiations sna.Il be deemed unsuccessful arid termiriated. Upon termination, the eRA shall have the right to. initia.te negotiatioris with the second r!U1ked Proposer orio resubmit the project for requests for proposals. There are two phases of the RFP process. Phase One conUI:lences with the announcement of the RFPartd ends with the submission of proposals. Phase Two begins following submission of the proposals. During J;>hase One ofthe RFP process aU COnlI11unications from Proposers, whether direct or indirect, shall be through the CRA Executive Director or her designee. Proposers shall have no communica.tion, directly or indirectly with members of the CRA Board or Selection Committee during Phase One.. Communications to the Executive Director or her designee 'lIe exclusively for clarification regarding ptbcedmcs and objectives. During Phase Two Proposers may commlinicate with. members of the CRA Board provided they do so in compliance with the City of :Boynton Beach Lobbying Ordinance, Ordinance 07-008. Communicat~on with any individuals in violation of the foregoing restrictions may result an individual or firm to be disqualified from participating in the development solicitation wheli such communication is determined by the Board of the CRA to have materially affected the RFP process. AU questions or inquiries should be directed to Brightl@ci.boynton-beach.fl.us. Anticipated Schedule and Sequence of Events: All dates, with the exception of the Pre-submission and RFP submission dates are tentative. Pre-submission meeting: Wednesday, August 8, 2007, 9:00 am T:\DEVELOPMENTlOcean B.reeze\RfP Reisspe\Ocean Breeze RFP Reissue,doc Page 7of12 r-'. J RFP submission deadlIne: Wednesday, September 5, 2007, 3:00 pm Completion of Staff review for compliance with submission requirements: Tuesday, September] 1, 2007 Distribution of Responses to Selection Committee for Ranking Tuesday, September 11, 2007 Selection Committee; Responses Due to eRA Staff Wednesday, September 19,2007 Distribution ofRankings to eRA Board Friday, September 21,2007 Presen41tfons and Selection of Proposer by CRA Bqard Tuesday~ October 9~ 20007 Colitacts All corresponcience and requests for information regarding the Heart of Boynton commumty, in general, and this project in particular, should be directed to: Lisa Bright Executive Director Boynton Beach Community Redevelopment Agency 915S.Federalflighway Boynton Beach, Florida 33435 Phone:" (561) 737~3256 Fax: (561) 737:'3258 brightl@ci.boynton-beach.fl.us NOil~DiscrimiIiatioi1 The selected Proposer, its successors and assigns, agree that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination. Should discrimination occur, the eRA will provide notiCe to the Proposer of a breach of this condition and thereafter, Proposer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any ollie,r actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occulTed may be relied upon by the eRA as conclusive proof of a breach of this provision. If Proposer does not demand arbitration within 15 days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occUtted, the CRA shall have the right to tenninate any such Agreement it has entered into with Proposer and pursue any and all Other lawful remedies. T:\DEVELOPMENT\Ocean Br~eze\RFP Rei55uc\~n Breeze RFP Reissue.doc Page 8ofl2 (", t Protests Arty and aU decisions by the eRA Board to modify the schedule described herein, requests for additional infoi1ilation, reject insu.fficient or unclear proposals, formulate an objective point system for review, r~te. and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the eRA's sole discretion and no protests whatsoever shall be con,sidere.d by the CRABo'ard. Submittal of a reply to this RFP on the part of any all proposers constitutes ltcceptan~e of this policy_ Formation of Contract The existence of a contractual relationship between the parties is contingent upon the terms and conditions of the contract being n~gotiated to the satisfaction of both p811ies and the execution of said contract by both patties. The contract documents shaH include, but not be limited to, tentIs and conditions of this RFP) the submitted proposal inclusive of qllaliijcations, the negotiated services as agree<l by both parties, and the ordering mechanism. Permits. Taxes and Licenses Proposer shall at its own expense Qbtltin aU necessary permits, pay all licenses, fees and taxes, r~Wred to comply with aif local ordinances, state, and federal laws, rules and regulations applicable tp the business to be carried on under the contract. Public Records Florida law provides that records of' a public agency shall at all times be open for pep;onal inspec.tioti by any pel'SOh. Section 119.01> F.S., the Public Records Law. Information and materials received by the CRA, in connection with a sUQmittal sh~ll be deemed to be public records subject to public inspection. However; cert~ exemptions to the public records Jaw are statutorily provided for in Sectioh 119.07, F.S. If the :Proposer believes. a,ny of the information contained in its Submittal of Proposals is exempt from the Public Records Law, then the Proposel' must in its response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption and the CRA will. eval!1ate the material to d~terrnine whether it is exempt from the. Public Records Law. Otherwise, the CRA will treat aU materials received as public records. Public Entity Crimes !'A Person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may 11(>1 submit Proposals, bids or qualifications (as applicable), in response to a solicitation for said products/services in support of a public T:\OEVEWPMENTlOccan B(e<:~\RFP Reissue\OCc3l1 B~CUl RFP Reissue.doc Page 9 of 12 f"-' J 'I entity, and may not submit qualifications, a proPQs~l or bid on a, contract with a public entity for the constniction or repair of a public building or public 'Work, may not submit bids on leases of real prop~rty to a public entity; may not be awarded or perfotm work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact businesses with arty public entity in excess of the threshold amount provide4 in SectiOh 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list" Drue Free Workplace Certification All Proposers must complete and sign the attached "Drug Free Workplace Certification by Vendor", and submit it with their Proposals. Failure to do so may result in rejection of you!:, proposal. T;\DEVELQPMENT\OcelUl Breez<\\RFP Reissu<\\Ocean Br~c: t{Fp Reissue.doc Page 10 of 12 {'>. I J CERTIFICATION QF DRUG FREE WORKPLACE PROGRAM 1 certirY the finn of (}~},~e.z...e tt....e- .. responding to this RFP maintains a drug,..free workplace program, ~d Ulat the following conditions are 'met: (1) We publish a statement notifying employees that 'the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We infonn employees about the dangers of drug abuse in the workplace, the company'~ policy of maintaining a drug-free workplace? any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violati(lns. (3) We give eaCh employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). ( (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they wi,II abide by the terms of the statement; and Will notify the employer of any conviction of, or plea of guilty ot nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occuning in the workplace no later than five (5) days after such conviction. (5) We impose a sall.ction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the. employee's community, by any employee who is convicted. (6) We make a gOOd faith effort to continue to maintain a drug-free workplace through implementation 01 this section. AS the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature: ~~ Name & Title (typed) .y, t? I) /.. 134/Z-t:.-/C- , Date~ 7 ,.,( JhVI't-t;, ~ ( T:\DEVELOpMENnoceaI1 Btee:ze\RFP Reissue\Ocean Breeze RFP Reissue.doc Page II of 12 ,r--......., i EXlIIBIT A LEGAL DESCRIPTION OF PROPERTY Parcell: A portion of Block C of the Plat of Boynton Hills, Boynton Beach, Palm Beach County, Florida, according to the plat thereof as recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach County, FIoridaj described as follows: Commence at the Northeast corner of Lot 147 of said Block C; thence South (assumed), along the.East line of said Lot 147, a distance of 20.00 feet to the Point of Beginning; th,ence continue South, along the East line of said Block C, 228.36 feet to the Southeast comet of Lot 134 of said Block C; thence West, along the South 11ne of s~id Lot 134, a distance of 100 feet to the East line of Lots 135 and 136 of said Block q thence South along said East line and the Southerly prolongation thel'eof, 189.19 feet to the centerline of Grand Circle "N'" being a curve concave Southwesterly having a radius of 591.65 f~t, (a line radial to said curve bears. North 410 04r 57" East); thence Northwesterly, along the arc of said curve 5.01 feet through a: central angle of 0029' 11" to the intersection with the Northerly prolongation of the. East Hne of Lot 129 of said Block C, (a line radial to said curve at the said point of Intersection beatS North 400 35' 46" East); thence South along the said Northerly prolongation of the East line of Lot 129, a distance of 57.60 feet to the SoutheasJ comer of said Lot 129; thence West along the South Iiileof said Lot 129 and the South line of Lot 128, a distance of 150.00 feet to the West Hne of said Lot 128; thence North, along said Westlii1e, 15.00 feet to the South line of Lots' 127 and 126 of said Block C; thence West, along the said SOtlth line of Lots 127 and 126, a distance of 100.00 feet to the West line of s!!jd Lot 126; thence North, along said West line, 45.00 feet to the South line of Lots 124 and 123 of said Block C; thence West along saId South line, 100.00 feet to the West line of said Lot 123; thence North along said West line and the Northerly prolongation thereof, 193.2~ feet to the i:ntersection with the Westerly prolongation of the South line of Lot 141 of said Block C; thence North 760 46' 35" East, along said Wesferly prolongation, 157.99 feet to the West line of said Lot 141; thence North, along said West liIie~ 101.25 feet to the North line of ~aid Lot 141; thence North 830 17' 55!1 East~ along the North line of said Lots 141 and 142 of said Block C, a distance of 75.51 feet to a line 25 feet West of and parallel with the East line of Lot 150 of said Block C; thence Northl along said parallel line, 92.44 feet to the North line of Lots 150, 149, 148 and 147 of sai<l Blpck C; thence East along said NOlth line, 205.00 feet to the beginning of a curve concave Southwesterly having a radius of 20,00 feet and a central angle of 900 00' 00"; thence Southeasterly, along the arc of said curve, 31.42 feet to the Point ofBegiIUling aforedescribed. T:\DEVELOPMENT\Qcean Brc:eze\RFP Rcissl.ie\Ocelili Breezc RFP Reissue,doc Pagl;l12 of 12 l.r--.~_ j Parcel 2: Lots 1 through 12, inclusive; Block 1, Palm Beach Country Club Estates, according to the Plat thereof as recorded hi plat Book 11, Page 43, of the Public Records of Palm Beach COWlty,Florlda: and the South 1/2 of the East 1/2 of Lot 2, of Subdivision of the West 1/'2 of the Southeast 1/4 of Section 21, Township 45 South, Range 43 East, according to the plat thereof, as recorded m pil.lt Book 1, Page 4, of the Public R~cords of Palm Beach County, Florida, LESS the South 125 feet, thereof and LESS the right of Way for "Seacrest Boulevard" as shown on Road Plat Book 5, Page 182, of the Public Records of Palm a each County, Florida. Parcel 3: Lots 130. 131, 132 and 133, Block "Cl' "BOYNTON HILLS", according to the plat thereof~ as recorded in Plat Book 4, Page 51; of the Public Records of Palm beach County, Florida together with vacated portion ofRW. 7th C0U11; lying adjacent to and southerly of Lot 130; Block "C" recorded in Plat Book 4, Page 51. \, T:IDEVELOPMENT\Otcan Breczc\RFP. Reissue\Ocean Breeze RFP Rei~suc.doc ~] AMERICAN REAL TV DEVELOPMENT, LLC 615 Crescent Executive Court, Suite 120 Lake Mary, Florida 32746 T (407) 333-1440 F (407) 333-1340 2 September 2007 Lisa Bright, Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, Florida 33435 RE: Developer Qualification for Heart of Boynton - Ocean Breeze Site Dear Ms. Bright, American Realty Development, LLC (" ARD") is pleased to have the opportunity to respond to the referenced request for qualifications. ,/ " ( I Our company has a long track record of developing all types of multi-family housing across Florida, Georgia, and Texas with a patticular emphasis on LIHTC tax credit financed housing. Our communities speak for themselves, as do the nearly 5,700 residents who enjoy an enhanced quality of life. Weare proposing a carefully thought out plan for the two parcels that makes sense in today's market environment: we propose the development of 84 affordable rental units on the east side of Seacrest Boulevard in a fully amenitized rental community and a 56 unit for-sale townhouse development west of Seacrest Boulevard targeting members of the essential workforce. The architecture of the two communities shares the same visual language and will support different market segments while acting as a catalyst to bring about the revitalization of the area. ARD and its team members are committed to commencing work immediately upon selection. Please feel free to contact me at (407) 333-1440 if you would like to discuss the submittal package in greater detail. Thank you for your interest and consideration of our proposal. ~ Todd Borck Partner K:\Boynton Narrative.doc (~i Developer Qualification and Proposal Solicitation Heart of Boynton Beach - Ocean Breeze Project Boynton Beach eRA Table of Contents 1. General Statement 2. Certificate of Good Standing for Entity 3. Team Members 4. Development Experience 5. Development Description 6. Unit Mix 7. Development Cost Pro-Forma(s) 8. Development Experience with Project-Based Subsidies 9. Role of Non-Profit Community Development Gorporation 10. Local Residents Statement 11. Property Purchase Statement 12. Community Trust Statement 13. Land Acquisition Lending Letter 14. Financial Capability 15. Respondent Certification Letter 16. Power Point Presentation (CD-ROM also enclosed) K:\Boynton Narrative,doc r-'\ General Statement American Realty Development, LLC ("ARD") is pleased to have the opportunity to submit our response for the Ocean Breeze Site to the Boynton Beach Community Redevelopment Agency (CRA). We believe that ARD is the most qualified firm for the project. We have been higWy successful in developing low-income housing throughout Florida, including the tri-county area. We have a successful track record of working with non-profit partners and revitalizing and redeveloping urban core areas. Most importantly, we believe our plan combines the right amount of density with correct emphasis on affordability, one that we believe will encourage other redevelopment in Boynton Beach. The scope and variety of ARD's recent development activities is impressive: J- Crescent Club is the recipient of two National Association of Home Builder awards. The project was built over the existing foundations of a condemned 1970' s era apartment complex. The re-concepting of oval building plans enabled ARD to turn a liability into one of properties biggest assets: the seven building courtyards became a secure environment for our senior residents in one of Orlando's toughest neighborhoods and was cited by the NAHB in their Innovation award. ( . Our development in Fort Pierce, Madison Cay, is in the final approval stages before breaking ground. In this location ARD has offered significant off-site improvements to the adjacent City-owned park as a means to raise the quality of life of the surrounding residents, in addition to creating an amenity for our own residents. . In response to the change in Florida Housing Finance Corporation guidelines for senior housing, ARD developed an entirely new model for its senior housing program. The new design was first built at Lansdowne Terrace in Lutz (Hills borough County) and then again in Jacksonville at Madison Manor. The "U" shaped buildings contain all of the units in one compact development, enabling easy access to the clubhouse, pool, fitness and computer areas. . ARD is designing a seven story mid-rise for the Madison Heights site in the central business district of the City of Tampa. This project willlnclude a parking garage, as well as the standard clubhouse, pool, fitness and computer amenities. ARD's key senior personnel and their organizational.roles are as follows: Pah-ick E. Law, Partner Mr. Law contributes thirty-five years of successful experience in multi-family development, construction, and management. K:\Boynton Narrative.doc r;~ In addition to the affordable housing and student housing development activities described below, Mr. Law has had direct responsibility for the development and construction of 4,000 multi-family units including: . Six 22 to 27-story condominium towers in Aventura, FL (1,225 units); . Rehabilitation of a 29-story apartment complex in Dallas; · 506 garden apartment units in Georgia and Florida; . 600+ single-family and townhome units in New Jersey. Mr. Law is a cum laude graduate of University of Kansas with B.S. in Business Administration. Todd L. Borck, Partner Mr. Borck's primary responsibility is to obtain tax credits, financing, and approval for the development of affordable housing with a more recent focus on senior housing. Mr. Borck has extensive experience in negotiating with state, county, and local governments in securing grants, loans, and low-income housing tax credits. Mr. Borck has also been active in the direct management of several thousand affordable housing units. He attended the University of Wisconsin and has a degree in Finance from Florida Atlantic University. r'\ ! ' James E. Dyal, Vice President is responsible for affordable housing development, joining the company in 2004. He has developed over 800 units of affordable housing while with the Courtelis Company. His duties include site acquisition, design, permit approval, and financing. Prior to joining the Courtelis Company Mr. Dyal was in charge of the Public Finance Group at First Housing Development Corporation in Tampa. In that capacity he oversaw the underwriting and closing of hundreds of transactions utilizing tax: exempt bonds and housing credits, with an aggregate value in excess of$l billion, for both the Florida Housing Finance Corporation and many housing finance authorities throughout Florida. He is a Director of the Florida Housing Coalition and has taught and spoken both regionally and nationally on affordable housing issues. Mr. Dyat's experience with affordable housing dates to 1985. Bradley A. Saint-Laurent, A.LA is a registered architect and real estate broker in the state of Florida primarily involved in land acquisition and development entitlements. He is experienced in all phases of land development including: . site selection criteria (zoning and land use changes in Texas, Georgia, and Florida), . water management issues, roadway access, price negotiation, . selection and procurement of consultants (environmental, geotechnical, civil, landscape, architecture, structural, MEP, special systems), . site layout and design, K:\Boynton Narrative,doc ("I . selection and procurement of contractor, construction project management, interface with marketing and sales, project closeout and turnover. A former Walt Disney Imagineer, he is now the principal architect and manager of Park Cities Design Development, LLC and the qualifying broker for Saint-Laurent Properties, LLC. He was a member of Tau Sigma Delta, an architectural honor society while attending Texas Tech University (Master of Architecture 1994) and received at Bachelor of Science in Radio, Television, and Film from the University of Texas in 1983. Greg01Y P. Law, President of Paramount Community Development Corp. Gregory Law has managed the design, development, approval and construction of over five thousand multi-family units during the last eight years. This includes over 3,500 garden apartments units, over 1,000 senior apartments units and over 1,300 student housing beds. This experience is augmented by the construction management of retail and commercial buildings, townhouses, single family houses and contractor oversight of high-rise construction over the last thirty years. He specializes in the integration and management of architecture, site planning, engineering, marketing, and construction disciplines. (\ Mr. Law has participated in the development and/or management of projects in Florida, Georgia, Texas, New Jersey, Illinois, Kansas, Nebraska, South Carolina, Virginia, Indiana and Michigan. Mr. Law is a licensed Building Contractor in Florida and a licensed Real Estate Broker in the states of Florida and New Jersey. He is a past president of the Metropolitan Builders Association of New Jersey. As a member of the Honors Program at the University of Kansas he graduated with a Bachelor of Science in Business Administration. K:\Boynton Narrative.doc {~l Team Members Our development profile allows for right combination of flexibility and structure to complete each of the varied tasks involved in the development and financing of the redevelopment project. Experience has shown that there are a combination of unique skins needed to obtain the required approvals, financing, design and construction. ARD has ad~quate capacity to devote to this project. Staffing Each of the two partners at ARD will contribute their unique skills in meaningful ways. Patrick Law will coordinate the different development options and lead the site acquisition efforts. Todd Borck, will conduct all facets of the application process for low income housing tax credits and negotiating with various state, county and municipal governments, obtaining waivers of impact fees, and obtaining grants and loans to complete fmancing packages. The key internal members for ARD will be: (-, Katherine Breslow-ChiefOperating Officer: Ms. Breslow will fulfill all of the accounting functions required on the project. She brings a wealth of experience in tracking project cost data and projecting expenditures. She is knowledgeable in all facets of construction draw requests, employee management, and project Wlderwriting. James Dyal - Vice President: Mr. Dyal will assist Todd Borck in preparing the Florida Housing LIHTC application. His duties will also include site acquisition, design, permit approval, and financing. Mr. Dyal has had extensive experience with affordable housing over the last twenty years. Thomas Borck - Asset Manager: Mr. Borck's management responsibilities include all compliance issues with section 42 of the IRS Code and other state and federal programs training on-site personnel and insuring that all compliance requirements are satisfied. He is also involved in the day-to-day oversight of property personnel, budgeting and occupancy rates as well as creating and initiating marketing programs. A primary focus of Mr. Borck's management responsibility has been in the area of senior affordable housing External team members will include: Park Cities Design Development, LLC -- Based in Lake Mary, Park Cities Design will be responsible for initial site layout and conceptual building design. Park Cites Design has significant experience in design-related issues and has provided services to ARD since 2001. The firm is noted for its exceptional client services, attention to detail, and selectivity in choosing projects. K:\Boynton Narrative.doc r'~ Slocum Platts Architects - Slocum Platts is an Architecture firm specializing in innovative design, located in Winter Park, Florida. Partners Randall J. Slocum and William P. Platts blend diversified portfolios in custom residential, multi- family, commercial, restaurant, resort hospitality, historic preservation, and religious/education facilities. The firm provides detail oriented service to their clients, stemming from combined talents in conceptual programming, planning, architectural design, documentation, construction administration and rendering presentations. Paramount Community Development Corporation is the construction manager and will interact with all pennitting agencies as well as all consultants. Once the project has broken ground Mr. Law will meet weekly on site with the contracting company to review budget and schedule issues, as well as provide quality control. Banyan Property Management, Inc. was founded in 1999 to provide property management, accounting, maintenance, janitorial and payroll services to communities throughout Palm Beach, Martin, Broward, and Dade Counties. Banyan brings experience in property management, construction, banking, horticulture, and landscaping and provides the necessary knowledge for proper [mandaI oversight as well as the ability to supervise many of the renovations, repairs and other projects many communities experience. 1'- , $ I Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.- Stearns & Weaver specializes in real estate and tax law. Brian McDonough and Curtis Sitterson, principals in the firm, oversee real estate and tax divisions and have extensive experience in LIHTC matters. Both Mr. McDonough and Mr. Sitterson have worked closely in the past with Messrs. Borck and Law. Three ofthe firm's shareholders, Brian McDonough, Patricia Green, and Richard Blinderman, practice primarily in the area of affordable housing. Their role includes the representation of developers who use tax credits, tax exempt bond financing and other public funds for the construction of affordable housing for low and moderate income households. The firm also represents lenders making construction loans or providing credit enhancement to developers of affordable housing. Mr. McDonough is widely regarded as one ofthe premier practitioners in the State of Florida in this area, and often speaks at conferences, workshops, and clinics attended by members of the affordable housing community. Mr. Blindennan has acted as bond counsel for several local housing finance authorities during his career; both he and Mr. McDonough are listed in "The Bond Buyer's Municipal Market Place lID", the so-called "Red Book" of the public finance industry. Ms. Green has extensive experience in representing developers seeking financing from Fannie Mae, HUD, local governments and various other financial institutions offering financing to developers of affordable housing. Richard Alhadeff, a senior shareholder in the Real Estate Department, has many years of experience dealing with federally assisted housing and he provides on- going technical assistance to this practice area; K:\Boynton Narrative.doc ,t\ Other shareholders in the fIrm provide signifIcant depth and experience to clients of the affordable housing group. Curtis Sitterson, the head of the firm's Tax Department, provides advice on matters of particular interest to clients such as proper structuring of developer fee payments, partnership tax allocations, and related matters. (--~'1 Greenspoon, Marder, Rajkin, & Berger, P.A. - Greenspoon Marder specializes in real estate law. Dwayne Gray, principal in the firm, has worked closely with ARD for many years in land acquisition. Greenspoon Marder is dedicated to serving the legal needs of discriminating businesses and individuals by providing personalized legal services. With a history dating back to the late 1970's, this people-oriented law fIrm has an extensive professional capacity and a background rich in the traditions of a full service practice. N. Dwayne Gray, Jr. is a graduate of Florida Southern College and Loyola University School of Law. He was a member and Chief Administrator of the Loyola Moot Court Board in law school and also served a one-year federal clerkship with Judge George Arceneaux in the United States District Court, Eastern District of Louisiana. Mr. Gray was admitted to the Florida Bar in 1983. He is a member of The Florida Bar, the Orange County Bar and the American Bar Association. Mr. Gray represents local and national developers in connection with acquisition, development and management of multi-family/garden apartments with further specialization in section 42 LIHTC funded multi-family segment. He also represents ARD in connection with the acquisition, development and management of multi-family market transactions. He has extensive experience in commercial and residential real estate matters, including various land use and zoning issues. He represents a number of banks in handling commercial real estate and asset based lending matters. It should be noted that the project team presented above has worked successfully together on numerous previous projects. ARD believes on preserving this continuity. K:\Boynton Narrative.doc r-'" ~ f /--. ~ 1 K:\Boynton Narrative.doc (-.-..... 1 Exhibit 1 Written General Statement of Qualifications This proposal is a joint venture between American Realty Development, LLC and P.L. Group, Inc. In addition to these two entities, Real Estate Education and Community Housing, Inc. (REACH) a Florida not-for-profit corporation will provide outreach, credit counseling, homebuyer training, and mortgage assistance to families participating in the homeownership component. Also, Frank Chirkinian will provide additional consulting services to the development team. P.L. Group, Inc. has been developing multifamily projects in Palm Beach County since 2003. Prior to 2003,. the principal, Pascal Levy, developed multifamily mid-rise buildings ranging from 4 - 6 stories in southern Spain and Morocco. The P.L .Group's local experience includes the following developments: Development Name Location Development Tvpe Embassy Place 816 Prosperity Chariots of Palm Beach Anushka Spa Mad Lab Paris in Town Paris in Town NMS West Palm Beach North Palm Beach West Palm Beach Palm Beach Gardens West Palm Beach West Palm Beach Palm Beach Gardens West Palm Beach Townhomes (12) Townhomes (6) Commercial (21,000 SF) Commercial (19,000 SF) Commercial (6,200 SF) Restaurant Restaurant Clinic ~ - I , r I R.E.A.C.H. is a Palm Beach County-based nonprofit corporation founded in January 2006 to serve as a springboard to county and statewide housing education and First Time Homebuyer Programs. It's mission is to serve the needs of low and moderate income families by helping them achieve home ownership through education and financial assistance. In its first year of operation over 90 families completed education classes which were held in three languages, English, Spanish, and Creole. These comprehensive classes are accredited through the NeighborWorks America and Realizing the American Dream programs. The classes are also approved for the Palm Beach County SHIP Program, the West Palm Beach Renaissance Program, and the Palm Beach County HOME Program. To help facilitate the purchase of a home, REACH assigns a planner to each family to assist with applications for grants and loans, as well as with the Closing of the transaction. It also follows up with each family to provide continued support after the closing. Further, REACH provides home maintenance classes and credit counseling classes to families after the loan closing. " ,. Slocum.P,latls Architects, P.A. is an,Archifectur~~fu1n,~peciJiI~mgih innovative design, located in , ,;,Winter Park, Florida. Partners Randall-J: Slo~\imallld'Wll1iaritP. P1atts.blenddiversified portfolios in custom residential, multi-family,commerdal, restaural).i/te~()rfh9spjtality, hiStoric preservation, and religious/education faCilities.' The firm .pfoVld~!l detail Qriented" s,ervice" to their clients, stemming from combined talents in conceptual programming, planning; architectural design, documentation, construction administration and rendering p~~~en.l~tions. ..... . William P. Platts J Principal .. Edufation: '", ~le~son Unive~s.ity,pems(jh~ ,South 'Carolina , Maiiters,De~ee.ln At~hitect4ie~ f?8~ '., ':::,Ch~Tles~. Pll.rti~l Cent,er forResearc~'~i1d ,UrQan ~tu~les, G'enoa; Italy; ,~~84 '.: ' . :. ProfessiOnal 'Regiirqtion: April ~:990; State 'ofFlorida, AR01326.7 . Ju.ne 199r" ~'NCA~ ' , S~pt. 20QO ,>;Stat~ of Texas, 17i31 ;& ~~~' ~ Ma~ 200'~~~ . .:' ~ 'St"t~ ofN~C., 9-1'44": '. : June 2002 Sti\~e ofGeorgi~,;RAO,~0907' June 200~ . StafeofMaryl~nd, OQ13S5.I May 2006 St~!~. of.Tennesse,~, OOJ()'32,~6' '.' .. . .- '-'.~~.~~ . . - " " , . " .' . ,; Rllnd;tll.J~,$l?~imi I rri~cipal . ,Educat{'oi1.: ' "";;, ..'.', ' , ',';"./ f ~. ~ . - ~ pr'(jftssional"Reg#traiion~' ",' May 199;O,~(' . State ofFibrid!l;AR00I33~O A~g. J?90 , ,.:'N<;~:;:(,'. '~.::'~.' " . j AptU1QOO St~teo.f-Georgia;,M009998,... 'Apri12001 .StateofN.~:;g~~6,.. .' " . Sept. 2001 . ;.State"OfMohtaila; 2,382, , ,.... ,'. . Mar.20Q3 State ofMichigan,'130r050271 , , ' . : "- .~- ; . J! !. . 'lyfontanaStat~ UnivefsitY~ BQzeman,MT. 5 Y~ar Bachelor 9f Arls:ill.'Ar.cb1tecfure, 1983 _ . < '., c~.., ~ , ~ ... \,' ".- '; . , " .... .'~ ;. , '. -, ", \.~ ~ ", '. ~.SlD~N.1'IAL,rROJECTS:. " Aurora Aw.ard"Winn.e;sin 19'99, JOdO, 2003, 2004; 1005 Q,,(/ 1006: ' , Scheri{{ Resid.e-n~e ~ 2006 ; :;," . .' . ' " Winter'Park, FL 2004 'M6.Ca~l~y~Resid~nce ~ 2QOr .' , In~i~ l,l:arbor ~~!.l~h~ f,l}' ~OP?, " Fuentes R~sjd~nce: ~.21)f!5" ',' ,.j, WinterPatk, FL2002 ,;: , \Pet:m~~ ,to)vri:.~om~s' ~~004. ' . Winter Park, FL:'2004, ~. .' GordelLResidence .; 2003 , .. . Winter Park; FL200j . , .< CQme1\'1 llellignni Isleworth,Resid~nce, -1003 . Windermere, FL 2001 B"Ke)U~r R:esidenc.e~2o,OO : ',' Lake County, FL 2000 , It t<.eller Resi<len.ce -1999 Winter Park,'FL 1999 Ly4d~'~e~idence North Caro,iin~ 2006" Ebipl,R.esidence.. , La.ke C~)\~nty,FL_20~6 . '. Gordon's Castle - PalendaS~.}Qh$jfL.ZOQ~: ....,. : "-: :Oi~tTich Residence, - . Wlntefp~rlc;' ~. 2006~'" .- ...;' 'Wel.k~i Resi4~nce' ..: '. ; OHahdo, FL~O'06 ';; ~~ac~!on~.}{esiden~e., Wint~i park;:n 2,006 1: ;.Binhorh~eSldeq~e' (. '! Winter ParK;:FL 20Q5' , ,,';1ohristop ,Resideri~e;:",~ ' ,. \Vini~r ~ark;F,L ~O()5 :Seigle R~idence 'i, Winter Park,;FL ~(i05 , .; Hajek Residence . , GuifPort, FL'2005 Labadie Residence Michigan 2004 ., . .... RESIDENTIAL PROJECTS - CONT~ED: Culp Residence Tovissi Residence ~B!iden Residence Her-hert Re.sidence Swann Residence " . Toye I Gliclonan Residence Bethel Residence lytcIntql!h Residence faJj.~tResidenc~ Ly(f~n Residenc.e: ' . " J affee Residenc~ ' ,:;, :PiiIi~lIa Reside~ce , " r. . , 'WeW~t Resid~ce , .e , ''LaWr.enbd Resfderice ' ,/. ,. ~ . '..~'. . ".-. ~'::. .".. -, ", ".' L. "-,~~: ":"" .,~~: '. 'f', ". ':~~.;.::. 'MULTI-FAMILY r~OJEcrS:; ~ " - -\ ...-",' _," I' Marl?elIa Apa!tments Kennesa\v Farms . _ <' ';..' f:: AfliligtbnPlac!i ' . 'j " La Amistad Phast;i\li' . Oviedo Town Cente~ : i. O~e~e Gondominiums. Apollo Beach C.oP~9rr1ini~m ' :Pa'rk; rowerS @ Yi>ttiW,ll: ' . :.rti$Ca)l Re~erve, Condominium; ,::A~~loh: ,Park Townhomes"' "t;flii)e~yme;P.lace Ap~ents.' Black Pearl: Condol1l1JUUIflS , BI~nton;Conunoh' <" 0,',' . " . :., . ,;BeIle Jsle,., ,.,: "Madison Gh:~u~ >- , . . .. -.~ . , . ~ , . The Hfg41andscit Heathbrook ' Walker Wbod~" ' ' .:,":. ' , 'qro~~iJi$~ at Le':s?ur~ . St..AnQ.rewsPomte ~Partments Ne-wp:oft ~Q~d Apartme~ts' '.' . HUl*lrs'Rlul JI Apartnieqts '. J ' ~ .:'!ll!-~p1:n~;Qroves ~f,f~i(Or~ge " ~, Co~n~;GlubOak~'." . ., Stone"" Harbor Apartmen~ Heather Glenn Apartments The Oaks at St. JOMS Woods Crossing II ' Park Place TQwDhomes .~Gieiibrodke P'hl~s:. "..;- . ~ ~ .l., . . "" '.-. _ .". . r ~r _ i \ '. .,:; J,Jun:~ers Run Apaitni~nts .' "'C~den Coye Apa~ents , Ashton Creek Apartments " .':.'" ."~ , ,,"\ " ~ ~ "'.:0,.. Senllnol~Cotility, FL 2004 Winter Park, FL 2004 Orllmdo, FL 2004 ,Phillips Lindjng, FL 2003 ,.9rIa~do, FL 2003 , " ,Wiiiter Park, FL 2003 WiD.t~r P5lrk, Ft,~OO;2 Wir1te'rpark, FL 2002 Winter Park, FL 2.002 ~inte; Park, FL.2002 ' Majtllmd, FL 2.00'1 Winter Park, FL700.l Whi(er'Park, FL2001 Win~er ParJ<:, FL2GOO ~I ~;{ c '-'\, . . , . ': Qrlaiido, tV 20,09, ' .. Tennessee, 2006 Winter Parlj:,',FL 2006 Orlando, FL2006, , Ovi~4o, Ft 2006 St: P-etersburg,FL 2006 'ApOllo'~~a.~h, FLf005 , "Altamonte Sprin~s;:I"L ,2005 'Pahn;C~as~FL 2005' ~I:lando, Fi>200S-"" , GaiJ.1esyill~, VI. 200? ", DaYtona aeacli;.FL 2005' Georgia,2(}04 Orhmqo, FL 2004 Jacksonville, FL 2004 Ocala, FL 2004 Vero Beach, FL 2004 " Le~sbJ.lfg, FL 2Q04 , Port St. Lude,FL 2004 .... .~ .New,StnyfDa Beach, FL 2004 i-lillsbOfi)\.Jg9' County, .FL 2004 " Port Ora~ge: FL 4004 " r, . Qrlando;fL 2094. . ~ana"!11a City, FL 2004, Okaloosa; FL 2Q()4 ~. Ocala, FL 20P4 Easton, MD2004 W~ter P!U'k,:FL 2003 . :; raffi.1rB.a.y, F~ ~M~' "';T~~pa,'FL 20Q~ .:' , .~: rNliples/FL 2003 " ' LawrencevilIe, GA 2003 ;. . MULTI-FAMILY PROJECTS~ CQN,TINPED: ~ ". Saxon Trace Apartments . B,ridgewater CIJ}b Apartments . Spmerset Club Apartments NeWn~~ Crossing Apart,ments Eagles Point~ Apartments . Cambridge,Cove AP~ents '. S~bal Palm Apartments !?versi9,e Ap~ents 13r~~any Bay Ap~ents "AOSPITALlTI' PROJECTS: . World Qtiest Resort 'Lake,Buerta Vista Resorts ," '1;, ..-.....-..., '. "." '. J-"' " ,\ ,.S\1,~$.el1)llAnsResort ' . ..~.. .. " ri1~pahri:~. Time Share Con.unutiity 'Celebration World Resort:.' . c,ypre~s, PMnis. R~scirt Admipi~tration Building , '. 1'. C9~E!UC~L PROJECT~: Win.dermere Corriers"" ~". rv1~esoia office B~i1~ili~, . Ron,da Motorcyclr,Dealerslllp.: ,. : Pr~oe BuSh Offic~ Building '. ,J~~li;Arl Studio',,~... " .. .; I. ... . .- , "~:~ . .; Hlfrh"otF:fldcml Bank Buddiilg ; '. ':..I3iWkiUace 6ffice Buirdi~gs " :Yte's~ N~w,~ngland Office Building D,exter's tvfulti-Use Building +.-', , , . :W ~TER;JNTRtJSION ItEHABILITATION:' . '':. ~ '. '. ...,~ '.. . . . . ,;.,;',.- , M:ilrina Latiain~ ,.: :" Park@ Lee, Vt.sta ApartmentS Camden Bay APartme~ts < McArthur Golf Club' bsptey Links Gates @ Harbor Town The, Vi1mings @ Delray B.each Jefferson Summit Apartments ,;: Eagle~ood ,Apartments ' ;..... . I' I,i.< . ... .',." '. ,.;. ~. ." Or~ge City, FL 20.0.3 . SpringHill, FL 2.0.0.3, Bartow Cp1,1nty, G4 20.0.3 . Coweta County, GA 20.0.3 : ..Gl~ CountY. GA 20.0.3 ,~e~a~d, FL 20.0.2 ..,.' :'.,Maij.atee Cpunty, fL,Z,902 TarPoiJ. Springs, F12002 . Naples, FL 20.0.2 . . i 'Qrange County, FL 2~04 . 20.0.6 Orange County, F'-' 2Dq4 - 2Q06 . . _.t.. '. ~ K1SSimm~, FL 20.0.6. ": ' Kissimmee, FI.. 20.0.0.-2006 . Kissirpmee; FL 20.00.'-2004 . Kisshlun.ee, FL 1999 ..'; ': - .' j, " Orange CoUnty, FL,2Q05 Winter l'~rJ{, FL2Q.05': . Oran'ge county Ffl~"ID02 I..; ..' 'l"~.", WUit~r,p~; fL.7.Qo.a . Winter Park; FL. 2000. . Jt.'Prer~e~cFL 20.'00.' ,.0: Metrowest; FL2QQD" Winter Park, FL'l !1.9'9 Winter l'ark, FL 1999 Qrlando, FL 20.0.6' Orlando, FL 20.0.5 Tampa, FL 20.0.5 Hobe Sound, FL ;20.0.5 Orlando, FL 20.0.4 Orlandq, FL 20.0.4 . Delray BeacIi,FL 20.0.4' Orlando, FL 2DO~, . Orlando, fL.2Q03. . able Attorney Biography http://www.swmwas.comlprlntbio.asp?id...9 S'r 1:;\ R N S \;\1 I ~ A V E R 1\11 L I. E It \V [ I S S L [ R ~Lr-{A[)Err: & SITTE rtS()N. P/\. :1 ,. :0,:....1,...'1'1 Shareholder, Real Estate, MiamI 305-789-3350 bmcdonough@swmwas.com Practice Areas Real Estate Arfordable Housing Public Finance Education lL.M., New York University, 1984 J,D., University of Notre /". Dame, 1981 ~ I B.S., cum laude, University of Florida, 1977 Bar Admissions Florida, 1981 Memberships The Florida Bar Brian J. McDonough Mr. McDonough is a shareholder in the firm and practices in the Real Estate Department. He heads the firm's Affordable Housing Group. Mr. McDonough Is a member of the firm's Board of Directors and its Executive Committee. Relevant Experience . Multifamily housing . low Income Housing Tax Credits . loan programs implemented by the U.S. Department of Housing and Urban Development . Representation of developers using government loan programs . Representation of community housing development organizations . Representation of 501.(c)(3) organizations using qualified 501(c)(3) bonds for multifamily housing developments . Representation of lender in all types of Real Estate loans and in particular loans related to affordable housing. Significant Representations . Represented seller of multiple affordable housing properties, partnership interests and management company affiliates having a value in excess of $200,000,000. . Negotiated and prepared contracts for properties for new and existing multi-family apartment buildings throughout the State of Florida. . Negotiated several workouts of tax-exempt bond financed projects involving state and local issuers of bonds. . Negotiated on behalf of developers the syndication of Federal low income housing tax credits the sale of which has raised, in the aggregate, over $500,000,000. . Issued, as an agent for various title companies, title insurance policies on behalf of owners and lenders in excess of $750,000,000 (total insured amount). Professional Experience ^'.lI""""^,, n n... ..It.... rintable Attorney Biography http://www.swmwas.comlprintbio.asp?id=9 '\ (1 · Mr. McDonough began his career in Miami, Florida as a tax specialist with Arthur Andersen. He then moved to New York City and, while attending the tax program at New York University Law School, worked with lOBI Managers, Inc., a provider of credit enhancement for users of industrial development bond financing. He began working at Stearns Weaver Miller in January of 1984 and became a shareholder in 1988. Community and Professional Involvement {~-' ~ · Past Committee member of the South Florida Business Hall of Fame. · Vice-Chairman of Law Student Division of American Bar Association (1981). · Former member of the Board of Directors of the Sanford L. Ziff Jewish Museum of Florida. · Acts as legal counsel to the Coalition of Affordable Housing Providers, an organization of developers, lenders, tax credit syndicators, and other pr.ofessionals involved in the acquisition, financing, and development of affordable housing in the State of Florida. · Does extensive pro bono work for community housing development organizations and other non-profit providers of affordable housing. · Former member of Miami Beach Marine Authority. · Founder and Executive Director of Give Kids A Chance, a charitable organization providing scholarships to low income students. Articles, Publications and lectures · Frequent lecturer and panelist on current matters affecting · affordable' housing · Author of several articles on matters affecting affordable housing Awards and Acknowledgments · Selected for inclusion in Florida Trend's Florida Legal Elite, 2004, 2005 and 2006 editions · Selected for inclusion in The Best Lawyers in America@ 2003, 2004,2005,2006 and 2007 editions · Who'sWho in American Law 9/4120079:01 AM :nspoon Marder, P.A. - N. Dwayne Gray, Jr. Florida Zoning Lawyer http://www.greenspoonmarder.comlattomeysfN-Dwayne-Gray .cftn ('} Call today: 954.491..1120 Greenspoon Marder, PA. Toll Free: (888) 491-1120 ,,--', Fort Lauderdale ~ I Trade CEintre South., Ste 700 100 W. Cypress Creek Road Ft. Laud. FL 33309-2140 Phone: (954) 491-1120 Fax: (954) 771-9264 Orlando Capital Plaza I, Suite 500 201 East Pine Street Orlando, Florida 32801 Phone: (407) 425-6559 Fax: (407) 422-6683 West Palm Beach One Clearlake Centre 250 S. AustraUan Avenue, Suite 1010 West Palm Beach, FL 33401 Phone: (888)491-1120 Fax: (561) 653-3937 Boca Raton One Boca Place 2255 Glades Road Suite 414-E Boca Raton, Florida 33431 Phone: (561) 989-0400 Fax: (561) 989-0487 Aventura 18851 NE 29 Avenue Suite 406 \ventura, FL 33180 'hone: (305) 940-8440 Fax: (305) 935-4614 Site Map I Bookmark GREENSPOON MARDER, P.A. -'-'--~"-------------.'--------.---- ATTORNEYS AT LAW Ci;/J.~.WMq4?~ N. Dwayne Gray, Jr. GreensDOOn Marder. P.A. Capital Plaza I, Suite 500 201 Easl Pine Street Orlando, Florida 32801 Phone: (407) 425.6559 Toll Free: (888) 491-1120 Fax: (407) 422-6583 E-mail: dwavne.arav(Q1Qmlaw.com N. Dwayne Gray, Jr. is a graduate of Florida Southern College and Loyola University School of Law. He was a member and Chief Administrator of the Loyola Moot Court Board In law school and also served a one-year federal clerkship with Judge George Arceneaux In the United Stales District Court, Eastern District of Louisiana. Mr. Gray was admitted to the Florida Bar In 1983. He Is a member ofThe Florida 8ar, the Orange County Bar and the American Bar Association. Mr. Gray represents local and national developers in connection with acquisition, development and management of mulfl-famllylgarden apartments with further specialization In section 42 L1KrC funded multi-family segment. He also represents multi-family developers in connection with the acquisition, development and management of multi.family market transactions. He has extensive experience in commercial and residential real estate malters, Including various land use and zoning Issues. He represents a number of banks In handling commercial real estate and asset based lending matters. Mr. Gray has extensive experienca In special asset workouts, representing a number of national and local financial Institutions. He represents a number of golf course developers and owner/operators and hoteVmotel owners and operators. In addition, he represents a number of closely-held corporations In cannecllon with general corporate and business mallers. Areas of Practice: · Real Estate Law · Commercial Real Estate . Zoning · land Use . Creditors' Rights · Administrative Law Bar Admissions: . Florida Education: · Loyola University School of Law (J.D., 1983) · FlorIda Southern College (B.S.. 1977) O/Annn"7 Q.nl ^~,,' Riverstone Residential Page 1 of 1 n _ ~~ ___~ _ _ _ ___ ~___~...._ M,... J-_ ,,_ _.-_ __ __....,---.,__~_ _ __ ~_~ _ _ <~ _ __ __~~_,.,_,.__...,.,_ _ ___~ _~ _ _~ ~~ _~ "..,., ..., =... -..., BANYAN' ""/;". :~Tt \ .. .: '~.\\l~.Ys L<?~~~3s~bi. ~~ (..,) >,' -" ""'ilpki;a- . ~f<;~ ~.~: ~,'\~ 1 ~ <;!; -i'i?iID'A] _: ~~';:~~,." ~?~~~'S'ji~~~ '"!;;.j( ;:.:~ (~'r,y{~':$~~'kTri~%i?"~l,,? -:.... \\. \.~,'tJ".r.~~,"&t~Q~;~:l.~i ~~_:i-:2M :f:~-;..:",~(--'~__~~-~f: ff11l~j;'filiit~?JJ11~ !~~-2{~::;~-~:;;;;::~{i:t~{~~uj~~lij Company Profile Overview & Background I Management Philosophy I Key Personnel Company Overview . Currently managing approximately 19,000 units encompassing 167 projects . 750 employees . Offices in Orlando, West Palm Beach & Houston Company Background . Professional Management of Central Florida, fnc and Reliance Management Services combined In Augusl 2004 as a third party fee manager ot apartments . National Focus in Affordable hOllsing & tax credit properties since 1992 . Active in 15 states . Investment advisor on acquisitions fOI various noHor-profits Company Profile I InfonnaUon I Communities I Careers I Associate Aocess I Contact Us . ' ~ ," ,~ it1 " -.1' ,_ , "." ," t, '-) i ,1 ~: ,.. 1, \, \'. . \ I J !' J \ !, (~ . \, 1.:' '. t I l' \ =-= 1/ ... I 1 - ..-._______1...... ---J--^r.l<>l"ron">...~n" nrnfil", htm 9/4/2007 Riverstone Residential Page 1 of 1 f) ...-.,- -.... - .-,....-.." -~~~-~ -- --~ --~---,.---~-~->~~ --..----.:---,---,.-,--~.,.-,..---....~--, ~--...-~...-~-- ..:.' '.. .' :."; -"nANYAN . . . . ~ ;(. "-\J~~il: .... ' ",,"'~~q~i~ ~ .. .p-_. . .., Company Profile Overview & Background I Manaaement Phllosollhy,1 Key Personnel Management Philosophy @~~~~-~~~]. . Focus on maximizing owner's profit . Occupancy . Control Expenses (-., ~r.~;';;~~i~l;t " ~ll'ts ...",-~~ - k:~5I;~ t3r;;f~l:~~~;; ~~ rtl},"'-~'~ -""1'.'- ~~~~~\(fff;;,J~~ . Resident relationships . Slate of the arl web-based accounting system, 1"--? :~ I-~?:'y~~ o:"~ t % -~Y'" '\'-.[~~'-(l"f'B-ntJ;; ?~~\?~~~~~_-::m~~it . Real time Information . Enhanced management response . Employees are most valuable assel. . Recruit . Train . Retention )]""ill""" '/1",', . ~ ......r....,_. (J,,-,-'\~ \.' ',V\, \. L;:..J . ~ Company ProfiJ!> I InfonnaUon I Communities I Careers I Associate Acc!>S$ ( Contact Us ~ - --- 1----r.l~/~n~nr....,...p.nt nhilr.<::nnhv.htm 9/4/2007 Riverstone Residential Page lof3 n ~-~-'l- . __ ~_ ~......,~ _~ __ _ __.-._~_~__, _ _. ___,.__~--.___ _ __ _ ..._ _____ _~ _~_..............___ ,.,_..........~-.--~_~...-____ _ _~~ _ r.:~~.- ,___~ ------..... -.-... -. - - ~ :iI~ t. . _ '_ 11M#~: ;.~~ty: ~^~~~{I#? ~---'- '.~l !~~~~_~~!~~"{, { f ~'~.?;~~~~;{1 ~~?t1t~:'n17 ~:~~:i{ Po :L;.~"..r~:,";;:,~..>( b~~ ;rg~<;~~~'}p.j;>> '. @ "1'\ .......;;>l"'-.....e~~~~~ i p/ :? ';X~'r_, ,~~ mtGjl ~~~~~~~MA~i COlnpany Profile Overview & Background 1 Management Philosophy I Key Personnel Louis E. Vogt. President, CEO . University of Illinois, 1971, BS. Finance . . University of Miami, Coral Gables, 1987, MBA. . 1972 - 1991 Various real estate lending and management positions with with Continental Morlgage Investors (Mortgage REIT). Southeast Bank, Citicorp Real Estate and Home Capilal, a subsidiary of HomeFed Savings Bank (Eastern RegIonal Director), . 1991, M1G Realty Advisors. Inc. ('MIG'). a real estate pension advisory firm; Principal. Senior Vice President and COO. MIG assets under managemenl totaled In excess of $2 Billion, In 1998, MIG was acquired by Associated Eslates Realty Corporation (NYSE: AEC) and Vagt became Senior Vice President of AEC responsible for operations of 30,000 apartment units for both the public company as well as all pension client assels served by M1G, Vagt was elected to the Board In 1999 and later named Preskfent and COO of AEC in March 2000. . In January 2003, VagtJoined Professional Management of Central Florida to expand the successful management track record for private and non-profit owners 10 Inslitutional clients. Scott Zimmerman, Sr. Vice President, coo . University of Florida, 1983, BS in Real Estale and Urban Analysis. . 1983-1988. Florida National Bank and Home Federal Bank handling over $500 million In new loan production. In 1989, his postuon went from lending to REO for Home Federal Bank handling a $250 million portfolio of primarily apartments all over the Southeast USA. . 1991. Vice President for Professional Management. Inc., acquisition, rehabilitation and lurnaround 0115 different communities. . In 2000, PMCFI was formed to handle all the third party fee management which has grown from referrals to approximately 9,000 unils today. Kathleen Alex, Sr. Vice President, CFO, CPA, CFA . B.S. In Accounting from SUNY at Buffalo (19;6). . Prior to moving to Florida, she worl<ed as an audil manager In public httn./Innun, ho:>n"o:>nTPo:>1t-v t'nmJnrnfilp!lcpv nPT<;:onp.ll1tm 9/4/2007 Riverstone Residential Page 2 of3 accounting in Buffalo. New York. (1, . Since moving 10 Florida nearly twenty years ago she has been involved in all aspects of real eslate reportlng, finance, technology and management (property, assel. portfotio. corporate and strategic). . From May 1985 - September 2002 she was the CFO for MIG Realty Advisors. Inc., a nallonal real eslate pension advisory IIrm located in West Palm Beach, from January 1999 through February 2001 she was the CFO for Associated Es\<lles Realty Corporation {NYSE: AEC} and also its Chief Information Officer from July 1998 through September 2002. . In October 2002, Alex joined Professional Managemenl of Central Florida, Inc. as lIs CFO. Deanna Davis, Sr. Vice President, Compliance . Ms. Davis graduated from Florida Mantic University in 1977 with a BS in Business Administration, . Ms. Davis was a Senior Regional Manager for Johnstown/Lane and Guilford Capital from 1979 to 1992 having responsibility for 27 residential communities. . In 1992 Ms. Davis focused entirely on compliance becoming Compliance Supervisor for the syndicator, Guilford Capital. Upon leaving Guilford In 1998 Ms. Davis became Direclor of Compliance for PMCFI. . She currenlly is responsible for staff training, and all aspects of reporting end compliance for SHIP, SAil, HOME, RTC, AHL, Housing Credit and BOND for over 8,000 units in florida, Texas and Georgia. " I Joan Copeland, Vice President, Southeast Region . 2000,present: Banyan Realty Management (Ilk/a PMCFI) Regional manager responsible for West Florida region totaling 2,000 units. In 2004, promoted to Vice President-Southeast Region responsible for an of Florida and Southern Georgia. Direct reports Include seven regional managers encompassing 10,000 units. . 1995,2000: General Manager - Omnl Property Management, Denver, CO. Responsible for lease-up through relocation of 1,000 military housing units. . 1993,1995: Property Manager- Woodmont Companies - California: Management of 700 unit apartment community. . 1985-1993: Marketing consultant to apartment owners in Northern California.: . Brevard Junior College - Associate Degree in Business Administration . Served on Board of Directors Denver Apartment Association and California Apartment Association. Angel Arroyo, CCIM, Sr, Aqulsitions/Olspositlons Manager . 1993, University of Florida, BS In Bvsiness Administration (majors: finance and economics). . 1995, Rollins College's Roy E. Crummer Graduate School of Business (Winter Pari<, Florida) MBA. . Licensed Florida real estate broker, mortgage broker and registered appraiser. . 1989, family owned business specialiZing in agricultural real eslate. Q/417007 ("\ f- ) Riverstone Residential Page 3 of3 · 1996, MIG Realty Advisors rMIGj, a real estate advisory firm. Senior Acquisitions Associate. In 1998, MIG was acquired by AS$OCia\ed Estates Really Corporation. Arroyo was responsible for closing real estate transactions valued In excess of $1 Billion. · February 2003. Professional Management of Central Florida, Senior Acqu{sitionSlOisposmon Manager CompllIlY Profile I lnforma~on I CommuniUes I Careers I Associate Ae<:ess I Confac1 U. f '. .,.," _I' '1-' @ I L" - ,'^~"~ ) ~~,-~ = ~~.: '~' "!--="""""~"'.~~-:1q;",~,,,~""""'~ ~ _ "".....,....~_ '~~"""'~." t.. 'f _.________f..ll.-. -----I___.....cl....n_.......... _....._........._....1 k+--. Q/i1I?007 Riverstone Residential Page 1 of 1 r-l ~_J~_"__ ~"..- ~-- _ ._-,__ _ _.____ .,.__ _ ~~_ ___,,_______~_~_...____._....,_""_~~~n_____.._....___~__ _...___ ,___ ___~__...._~ :~..--.-..U".d '-"';lJANY~ :-.. ,. . -' ,', ."'. :i~fW.'ri', , ._,;..... .~,!&;;.M I (;,~~;~~~t<it~,B (' ! f!tF~:i~ia~~' ~~,lf~",~j.0:i ~~~;;. o/,.,.,,,,,'<:.~.... _~. ";;S> tZ~f~~~~ t?~~tl~1~~;~~~~ '. "K\\~"""P '~,;.c"o ~::'~k~K::Jf;'";l~~t:1_-_.,::t"";:~::~" InfOlmation ProfessIonal Services llnvestment Credentials I Asset Management Asset Management . Responslbnities of the Regional Asset Managers include: . Recruiting qualilied oil-site personnel. . Training and development of on-site personnel. . Conducting salary and performance reviews of on.site personnel. . MonitOring and communicating progress towards meeting owner's objectJves. · Providing narrative reports to owners, . Assisting properties in developing ways to maximize revenue and conlfol expendilures. . Negotiating with vendors for besl pricing of products and services. . Submitting recommendations for maintenance and capltallmprovemenls. . Review and submission of annual property budget. . Review of marketing plans to ensure maximum effectiveness. . Inspection of properties to ensure compliance with Banyan standards. . Review of property proce<lures and records to ensure compliance with alf programs, . Participation in pre-acquisition and Flew business development. Company Prof~e I Information I CommuniUes I Careers I Associate Access I Contact Us I ." '.JI..l;c ~'~I:" '.' J'II" ',),~ ~~ ___ I ~ ..." fl' ",_.... l.. "~/ ..../} " 1_....,\...)1, ~a _ Io'!~..,.. ~ u . ., 0/11 nf\()7 Riverstone Residential Page 1 of 11 (') --- -~ ~ ~ ~ -~-- ~~~ -~~~.~ ~..(,-~ . - ~-~ ~ ._----"'---- ~--- ~~ - --- -~ ~- , -----...- ~ --.~--. ~-"..~----.. - --,-- --~-- ~-~~-"" :~.., . .', . "BANYAN . .' ,'. ",:1,!~loTY: . ~,' , . ~. ..h~~.~ I'Ch~s; a 518;;;-' ....-....,......--.,'.,'...---.------ l' - ~ iU11I~tl1~~~~~~~{~;!ty~~;!1 ~~ ~"f'~1_. ..c.~. =,,:,_:.~::. C>~'-" <" 'd $",,_ ~,"to;"~;~" .t'- ~ ....8-"., ..", .=.t'.-u:..L "'-" -,,-<,-~~_;:;..:....~- ~..,.,~ ",~",-..,!; __ ;;-.>.. ~:~,~~'~)0i~~~J~ ~ }:\~1~~~~})l. ;l~ -s::~ ;;~-;)-i:~~-;~~r"'~ Communities Florida South FL I Central FL I East FL I West FL I North FL I South Florida Redland Arms Family/Affordable Phone: 786.243-2221 Fax: 786,243.2820 950 North Davis Highway Florida City, Fl 33034 Units: 66 Phoenix Apts. Family/Affordable Phone: 305,247-5011 Fax: 305-245-5345 1554 N.E. 8th Street Homestead, FL 33030 Unlls: 164 Tradewinds Hammocks F amily/Afforda ble Phone: 305-451-1415 Fax: 305-451-1416 '00 Hammock Trail #2114 Key Largo, FL 33037 Unils: 66 Mariner's Cove Family/Affordable Phone: 305-295-1333 Fax: 305-295-0883 3330 Northside Drive. #214 Key Wesl FL 33040 Units: 78 Hardin Hammock Family/Affordable Phone: 305-252-9093 Fax: 305,252-4958 22555 S. W. 107th Avenue MiamI, FL 33170 Units: 200 Regency Garden Apts. Family/Affordable Phone: 954.972-6666 Fax: 954-972,3641 1525 Northwesl17lh Ave, Pompano, FL 33060 Unifs:94 o/A /'1(\(\'7 Riverstone Residential Page 2 of 11 r'j Cove at Sl Lucie Senior/Affordable Phone: 772-344-9995 Fax: 772-344-9996 4400 N. W, COve Circle Port 51. lucie, FL 34983 Units: 144 Gifford Groves Family/Affordable Phone: 772-770-9005 Fax: 772-770-1946 . 489530111 Avenue Vero Beach, FL 32967 Units: 61 Madison Chase Apartments Family/Affordable Phone: 561-790-0970 Fax: 561-784-5300 1096 Madison Chase West Palm Beach, Fl 33411 Units: 230 / t , Back To Top Central Florida 51. Cloud Village Family/Affordable Phone: 407-957-4111 Fax: 407-957-4834 201 Saint Cloud Village Court Kissimmee, FL 34744 Units: 208 Bella Grande Family/Affordable Phone: 863-675-5859 Fax: 863,675-5793 284 Bryan Avenue La Bene, FL 33935 Units: 30 EI Co rtez FamUylMarket Rate Phone: 407-671-9696 Fax: 407-611-1712 210 E, Morse Blvd. Winter Park, Fl 32189 Units: 35 HIdden Cove Family/Affordable Phone: 407-859-4667 Fax: 407-859-4661 4900 SOuth Rio Grande Ave. Orlando, FL 32839 Units: 128 Hollowbrook Family/Affordable Market Rate Phone: 407-275-9476 Fax: 407-281-8981 5465 Curry Ford Road Orlando, FL32812 Unlls: 144 La Belle Commons Family/Affordable Subsidized Of" /'1nfV7 Riverstone Residential Page 3 of 11 Phone: 863..075-5859 f'\ Fax: 883-676,5793 284 Bryan Avenue laBelle, Fl33935 Units: 32 Maitland Oaks Family/Affordable Market Rate Phone: 407-291-9925 Fax: 407-291-1477 8339 Pembroke Vinas Circle Orlando, FL 32810 Units: 100 Palms at Lake Tulane FamllylSubsidized Phone: 663.453,6551 Fax: 863.453.5554 1033 Hal McRae Loop Avon Park, FL 33825 Units: 80 Park Crest Terrace I & II Family/Affordable Phone: 863-382-3349 Fax: 863,382-9485 100 Park Crest Terrace Sebring, FL 33870 Units: 100 & 44 Tall Pines SubdivIsion Family/Affordable Phone: 863..074,0041 Fax: 863--674,0664 t"" 4111 Sabal Palm Ct. . . LaBelle, FL33935 f Units: 39 Moore Haven Commons Family/Subsidized Phone: 863-946-1262 Fax: 863,946,2142 1101 Cactus Avenue Moore Haven, FL 33471 Units: 28 Dakota Park Family/Affordable Phone: 863..082-7611 Fax: 863-682-7719 141 KetUesAvenue I.akeland, FL 33805 Units: 40 Renalssance@Washlngton Ridge Family/Senior AffordablelSubskllzed Phone: 863-682-7611 Fax: 863,682-7719 150 W. 14th St. lakeland, FL 33805 Units: 196 Spring Harbor Family/Affordable Phone: 352-735-5494 Fax: 352-735-2456 2500 Spring Harbor CirCle -- Ml. Dora, Fl 32757 ., Units: 248 Okeechobee Commons 1........._.11....................." l..-.n_uon_..o.nl+'17 ",n...,.."/,...,,,......,mnn;t;pC'/flnnrl".JI htm 9/412007 Riverstone Residential Page 4 of 11 r'i Family/Affordable Phone: 863-467-9771 Fax: 883-467-2555 402 N.W.l0th Street Okeechobee. Fl 34972 Units: 34 Crescent Club Apartments Senior/Affordable Phone: 407-487-0040 Fax: 407-254-5405 4100 S. Rio Grand Avenue Orlando. FL 32839 Units: 215 Dunwoodie Place Famlty/AtfOfdable Phone:407.S49-0921 Fax; 407-849-0952 4213 Dunwoodie Blvd. Orlando, FL 32839 Units: 172 Hollybrook Family/Affordable Phone: 407-291-3134 Fax: 407.291-9829 7599 Grove Oak Drive Orlando, Fl 32810 Units: 93 ,/" 1 Oak Glen Family/Affordable Phone: 407-294-4131 Fax: 407-294-4366 2018 Mercy Drive Orlando. FL 32808 Units: 88 Railroad Avenue FamIly/Affordable Senlor/Market Rate Phone:407.671.9696 Fax: 407-671-1712 303 Balfour Drive Orlando, Fl32792 UnIts: 129 Grove Park Family/Affordable Phone: 407-648.2008 Fax: 407-648-2082 542 W. WaShington SI. Orlando, FL 32801 Units: 8 MaKWell Gardens Apts. Senior/Affordable Phone: 407-447-1211 Fax: 407.447-1387 4049 S. Orange Blossom Trail Orlando, FL 32805 Units: 116 Palm Grove Family/Affordable Phone: 407-295-9873 Fax: 407-295-2184 3944 Country Club Drive Orlando, FL 32808 Units: 141 Callahan Oaks n 'If ''1(\(\7 Riverstone Residential Page 5 of 11 it Family/Affordable Pl\one: 407..(148-2008 Fax: 407-848-2082 859 W. Jefferson SL Orlando, Fl32801 Units: 40 Hidden Cove Family/Affordable Phone: 407,859-3960 Fax: 407-859-4667 4900 South Rio Grande Aveue . Orlando, Fl 32839 Units: 128 Hope Village Family/Affordable Phone: 407 -292.2600 Fax: 407-292-2571 3014 Orange Center Blvd, Suite 81 Orlando, Fl 32805 Units: 79 Maxwell TerraCe Apts. I, II, m Family/Affordable Senior/Subsidized Phone: 407-521-6335 Fax: 407-521-0921 2803 W. Arlington Street Orlando, Fl 32805 Units: 275 r MeeUnghouse@Bartow S€nior/Affordable Phone: 863-533-9180 Fax: 863-533-4937 1400 Old Winler Haven Road Bartow, Fl 33830 Units: 160 Richard Alhm Gardens Senior/Affordable Phone: 407-648-2008 Fax: 407-848-2082 720 Carter Street Orlando, Fl 32805 Units: 30 Boca Club Family/Affordable Phone: 407-299.4757 Fax: 407-299,9702 3114 C.R. Smith Road Orlando, Fl32805 Units: 216 Brandywood Apartments F am ily /Affordable Phone: 407-282-1972 Fax: 407-282-9309 6635 Breeze Way Orlando. Fl 32807 Units: 88 Brittany Bay Family/Affordable Marl<et Rate Phone: 407-521,6688 Fax: 407-521,0840 5200 Orange Blossom Trail Orlando. Fl32810 n I A ("1(\(\'7 Riverstone Residential Page 6 of 11 Un"s: 242 S'I I Brittany Rosemont Family/Affordable Market Rate Phone: 407-521-6688 Fax: 407,521-0640 5200 Onange Blossom Trail Orlando, FL 32810 Unils: 253 Forest Edge Family/Affordable Phone: 407-521-7710 Fax: 407-659-4667 2201 Weston Lane Orlando, FL 32810 Units: 48 Studio Concord Family/Affordable Phone: 407-648,2008 Fax: 407-648,2082 920 W. Concord SI. Orlando, FL 32803 Units: 26 Royal Palm Lakes Family/Subsidized Phone: 561,924-8006 Fax: 561-924-8048 1749 E, Main Street Pahokee, FL 33476 Units: 42 (''''', Sugar Cana Villas Family/Affordable Phone: 561-924-2648 Fax: 561-924,6110 38520 86th Street N., #2 Pahokee, FL 33476 Units: 87 Sandy Pines Family/Affordable Phone: 772-581-3877 Fax: 772-388-3341 150 Mabl)' SI. Sebastian, FL 32958 Units; 45 Hickory Glen TowRhomes Family/Affordable Phone: 407-891-71 t7 Fax: 407-891-7149 833 Dort Cl. 51. Cloud, fL 34772 Units: 34 Sawyer Estates Family/Affordable Phone: 407-891-7359 Fax: 407-892-9692 4201 Sawyer Circle 5l Cloud, FL 34772 Units: 192 i ! Golden Oaks Apts. Family/Affordable Phone; 407-671-2668 Fax: 407-671-2116 7701 Acorn Woods Circle Winter Park., FL 32789 Unils: 96 1_..........__ ./1_______ L...._...u...__.........l......." "'_....,..,.I,...^..........""""nrt1...;~u'l/f1n.....;r1Q htm 9/4/2007 Riverstone Residential Page 7 of 11 r\ Santa Barbara Apartments Family/Affordable Phone: 407.878.5450 Fax: 407-678-0522 6999 Aloma Avenve Winter Park, FL 32792 Units: 180 Verandas at Sliver Pines Famlly/Market Rate Phone: 407-292-2600 Fax: 407-292,2571 2153 Veranda Circle Orlando, fL 32808 Units: 79 WInter Park Oaks fa mily/Senio.r!Affordable Phone: 407-671-9696 Fax: 407-671-1712 303 Balfour Drive Winter Park, Fl 32792 Unijs: t29 WPHA - Tho Meadows Family/SubsidIzed Phone: 407-645.2869 Fax: 407,629-4575 718 Margaret Square Winter Park, FL 32789 Units: 119 (''l WPHA - Tranquil Terrace Family/Subsidized Phone: 407-645-2869 Fax: 401-629-4575 845 Swoop Avenue Winler Park, FL 32759 Units: 52 Back To Top East Florida Gardens of Daytona Family/Subsidized Phone: 386-253.0902 Fax: 386.255.8625 603 Jean Sleet, #3 Daytona Beach, FL 32114 Units: 256 Madison Groen Family/Affordable Madison Green Circle Phone: 386-586-4944 fax: 386-586-4945 Palm Coast, FL 32164 Units: 128 Back To Top West Florida Columbus Court Family/SUbsidized Phone: 813-251-3397 Fax: 813-254-7863 2802 Statelite COIJrt Tampa, Fl 33607 Units: 160 Edlsto Lakes Family/Affordable Phone: 239,437.3880 In . 1 _ 1_.....__ O!Anflfl7 Riverstone Residential Page 8 of 11 rl Fax: 239-437-3881 10770 Clear lake loop Ft Myers, Fl 33908 Units: 420 Manatee Pond Family/Affordable Phone: 941-746-3939 Fax: 941-746-4764 1449 17th St., Clrde East Bradenton. Fl 34208 Units: 40 River Trace Apartments Senior/Affordable Phone: 941-750-6292 Fax: 941-750,9425 2710 River Trace Circle Bradenton, Fl34206 Units: 178 River Oaks Family/Affordable Phone: 813,966-1191 Fax: 813,988,8501 4101 Oak Knoll Court Tampa, Fl 33610 Units: 250 Barbee Towers Senior/Subsidized Phone: 727-446-1045 Fax: 727-216-0730 1100 Dnuid Road South Clearwater, Fl 33756 Units: 150 f' 1 Homer VlIIas Family/Subsidized Phone: 727-461-9434 Fax: 727-443-6354 1864 N. Betty lane Clearwater, FL 33755 Units: 61 Malnstreet Family/Market Rate Phooe:727-443-3339 Fax: 727-441-3545 1100 Missouri Street Clearwater. FL 33756 Units: 204 Pineview Family/Market Rate Phone: 727-449-1955 Fax: 727-449,8132 1565 Greenleat Clearwater, Fl337 55 Units: 50 ~alph Richards Tower Family/Affordable Phone: 727-216-0144 Pax: 727-216,0740 211 S.Prospecl Clearwater, Fl33756 Units: 65 Sabal Walk Apartmets Pami/y/Market Rale Phone: 727-449-1956 Pax: 727-449-8132 2065 N. Highlands Avenue ... 1, Q/4I?007 Riverstone Residential Page 9 of 11 Clearwater, Fl 33755 Ii Units: 162 Hampton at Clearwater FamllylMarket Rate Phone: 727-126-8861 Fax: 727-725,2693 1099 McMullan Booth Road Clearwater, FL 33769 Units: 275 Landsdowne Terrace Apts. Senior/Affordable Phone: 813-971-0123 Fax: 813-971-0100 1470211vingston Avenue Lulz, Fl33559 Units: 160 WhistleT's Cove FamllyfAffordable Phone: 239-417-3333 Fax: 239-417-3392 11400 Whistler's Cove Blvd. Naples, FL 34113 Units: 240 Whistler's Green Family/Affordable Phone: 239-352,2999 Fax: 239-352-2424 4700 Whistler's Green Circle Naples, FL 34116 Units: 166 ( ~. I Calusa Deerfleld, Calusa Northport and Calusa Springs Family/Affordable Phone: 941-423,8637 Fax: 941-423-2876 4994 Trott Circle, Unit #6 North Port, FL 34287 Units: 95 Rotonda Lakes Senior/Affordable Phone: 941-698-8800 Fax: 941-698-9266 100 Rotanda lakes Circle Rotonda, Fl 33947 Units: 176 'rangate Apartments Senior/Affordable Phone: 813-645-8800 Fax: 813-645,8390 1820 Blair CasUe Circle Ruskin, FL 33570 Units; 160 Back To Top North Florida Carabelle Cove Family/Affordable Phone: 850-697-2017 Fax: 850,697,4173 807 Gray Avenue, #33 i Cerrabelle, FL 32322 Units: 32 Madison Woods LLL_ ..II..................... 1......_........._.."'n If-c., ,.,.,..."t"Y\ l,..nrnrY\11n;t;PC'/-f1nrlr1~ htm 9/4/2007 Riverstone Residential (~ ( Page 10 of 11 Family/Affordable Phone: 904-766-0002 Fax: 904-766-8040 10970 Lem Turner Road Jacksonvllle, FL 32218 Units: 240 Madison Commons Family/Affordable Phone: 904-278,6044 Fax: 904-278-7706 2285 County Road 220 Middleburg, FL 32068 Units: 160 Meetinghouse@Collins Cove Senior/Affordable Phone: 904-215-8686 Fax: 904-215-8883 5400 Collins Lake Drtve Jacksonville, FL 32244 Units: 160 Twin Oaks Villas Family/Affordable Phone: 850-455,5151 Fax: 850-456,7296 4600 Twin Oaks Drive Pensacola, Fl 32506 Units: 218 Country Club Woods F emUy/Affordable Phone: 904-964-1871 Fax: 904-964-2079 15088 SE 25th Avenue Starke, FL 32091 Units: 37 Whispering Oaks Family/Affordable Phone: 904-368-0007 Fax: 904-366-0008 900 Waters Street Starke, FL 32091 Units: 120 Oaks @ 51. John Family/Affordable Phone:904-599-9899 Fax: 904-599-9424 210 Nettles Lane 51. Augustine, FL 32095 Un~s: 160 Glen Oaks Family/Affordable Phone: 850-671-1790 Fax: 850,671-1793 2074 Midyette Road Tallahassee, FL 32301 Units: 256 Lakes at San Marcos Family/Affordable Phone: 850-942-1002 Fax: 850-942-4002 4680 Woodville Highway Tallahassee, FL 32305 Unils: 312 BaCK To Top Company Profile I Information I Communities 1 Careers I AsSOCiate Access I Contact Us 1. _ _ ___ 1_ _ ____u__~_~.L~__/.L1_-=,1..... 1....._ Q/.:1.!?n07 Florida DOS Division of Corporations - Online Payment Page 1 of 1 !I' PAYMENT RECEIPT Transaction Amount: $130.00 Email Address: kbreslow@ard.cc Date/Time Paid: 05/30/2007 11:34:56 Payment ID Number: 19773200 Reference Number: 200103518132 Thank you for using the LIIIdoov Online Payment System. Print this receipt for your records. I~g~~~ue..l ( ..'" . < - -, 'IT''> - _'A T.._ t.~_l\rtl'n7~, P;... "MmnhF>r=NP.W RrTTan~Am... 5/30/200 www.sunbiz.org - Department of State Page 1 ofl ,.1me Contact Us E-Fillng Services Document Searches Forms t:!elp Corporate Filing Payment Thank you for filing your Corporate document online. Your confirmation number Is 200103518132. Your charge amount Is 130.00. . Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. httns://efil e.sunbiz.orrz/ scriots/corerfs.exe 5/30/200' '7 (", { Certificate of Status I certify from the records of this office that OCEANBREEZE, LLC, is a limited liability company organized under the laws ofthe State of Florida, filed electronically on May 30, 2007. The document number ofthis company is L07000057044. I further certify that said company has paid all fees due this office through December 31, 2007, and its status is active. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code noted below. J\uthenticationCode:070531090649-200103518132#1 Given under my hand and the Great Seal ofthe State of Florida at Tallahassee, the Capital, this the Thirty Pirst day of May, 2007 titUlO j,. jl.aroluutug ~etretarp' of :&tnre " ---.. \ , , Team Organizational Chart American Realty Development P.L. GrouP. Inc. Todd LBorck Pascal Levy Patrick E. Law . R.E.A.C.H. Katie Breslow Brad Saint-Laurent Jim Dyal Greg Law Tom Borck Accounting PlanninglDesign Real Estate Finance Construction Mgt. Asset Mgt. ;' Exhibit 4 List of Projects ,r---" 1 Following is a complete list of projects that ARD (Todd Borck and/or Patrick Law) has developed. All of the following are affordable communities. Familvor Number Name Location Seniors Of Units Auburn Trace. Delray Beach, Palm Beach Family 256 County, Florida Boynton Bay. Boynton Beach, Palm Sen lors 240 Beach County. Florida Groves of Delray. Delray Beach, Palm Beach Seniors 158 County, Florida Madison Chase West Palm Beach, Palm Family 230 Beach County, Florida Beacon Hill. Orlando, Orange County, Family 192 Florida Cabana Club. Cutler Ridge, Dade Seniors 334 County, Florida Camden Club Orlando, Florida Seniors 215 Dunwoodie Place Orlando, Orange County, Family 172 Florida Glen Oaks tallahassee, Leon County. I=amily 256 Florida Hunter's Chase . Thomasville, Georgia Family 112 r .' Irongate ~uskin, Florida Seniors 160 Lindsey Gardens. Vero Beach, Indian River Family 96 County, Florida Madison Commons Orange Park, Clay County, Family 160 Florida Madison Green Palm Coast, Fiorida Family 128 Madison Meadows Statesboro, Georgia Family 120 MadIson Woods Jacksonville, Florida Family 240 Park Richey. Port Richey, Pasco Family 200 County, Florida Park Springs. Plant City, Hillsborough Family 200 County, Florida Pasco Woods. Wesley Chapel. Pasco Family 200 County, Florida Rotonda West Rotonda West, Charlotte Seniors 176 County, Florida Spring Harbor Ml. Dora. Lake County, Family 240 Florida The Cove at St. Port St. Lucie, Sf, Lucie Seniors Lucie County, Florida Walden Pond. North Miami, Dade County, Seniors 312 Florida Westchester Woods Pflugerville, Texas Family 250 Whistler's Cove Naples, Collier County, Family 240 Florida Whistler's Green Naples, Collier County, Family 168 Florida Whistler's Park at Kissimmee, Osceola Seniors 160 Lakeside. County. Florida Total 5,831 '" Indicates Developments where Mr. Borck was an employee of the Developer or a consultant to the Developer. r--" l I Most notable on the above list is the Crescent Club project. Completed in 2002, it was the culmination of several years of effort in converting an existing abandoned ap.artment complex in a blighted area in south Orlando. Building this apartment complex required demolishing an dilapidated 1970's vintage apartment complex that had been cited for building code violations by the County, securing funding using the Florida Front Porch program and winning a tax credit award from the State. In addition, the property was re-concepted as a senior-only project; its unusual circular layout actually helped to accentuate the security measures necessary in the neighborhood. Crescent Club was 100% leased within a year of completion and has remained so ever since. The adaptation of the existing siteplan to accommodate the proposed project earned ARD two National Ho~ebuilders awards. Photographs of the property are in the attached PowerPoint presentation. ( EXHIBIT 5 r-'\ PROJECT DESCRIPTION This development will be a major addition to the Heart Of Boynton redevelopment. As such, it will be designed in conformance with the criteria of the Heart of Boynton Community Redevelopment Plan. This Plan states that the overwhelming preference is for a combination of IIOld FloridaJl and IICaribbean" design standards (p. 55 of the Plan). Thus, we propose to develop a combination of 2- and 3-story residential buildings that incorporate the major elements identified in the Plan. These elements include: . Standing-seam metal roofs . Pastel colors . Siding (~- , · Dormers . Low-pitched porch roofs . Simple wood railings . Simple wood trim The streetscape is equally important for the success of the overall Heart Of Boynton Community Redevelopment Plan. We commit to making significant improvements to the adjacent portions of Seacrest Boulevard, as called for on page 63 of the Plan. This would include: · Abundant landscaping · Extensive lighting · New sidewalks · Other improvements to be determined in conjunction with City/CRA staff (-~l i .~ I ' J [" ".. l '. 'c () DO ,/ .This development has two distinct components: Townhomes on the west and Apartments on the east. ~\\Q The Townhomes; This will consist of 56 Townhomes to bg~ld .at prices affordable to the local workforce. The following pages contain a schematic site layout, as well as preliminary elevations. All units will have attached garages, either 2 or 3 bedrooms, and 2 full baths. The units will have medium- grade finishes, with optional upgrades to granite, tile floors throughout, and stainless steel. Energy efficiency will be a key factor as we keep in mind the future energy cost of the buyers. We expect to commence construction of the T ownhomes in mid-200B and be complete in late-2009. The Apartments: This will consist of 84 Apartment homes to be rented to households at a lower income range than could buy a T ownhome. Preliminary siteplans and elevations are provided on following sheets. The will be contained in garden-style buildings of approximately 20 units each. We expect to commence construction of the Apartments in early 2009 and be complete in early 2010. . Notwithstanding the fact that all units will be Affordable or Workforce, this development will be elegantly -designed, well-built, and heavily- landscaped. . You will not. be able to tell it is lIaffordable" when you drive by. SeaBreeze Apartments & Townhouses Boynton Beach, Florida Land Data 4.39 Ac:n:s ^pIII1JI1ent Parcel (East) 3.62 Acres TO\mbou.<, P,m:,,' (West) 8.01 Acres Total Apartment Building Data 1 Bedrooms 24 2 Bedrooms 36 3 IlcdIOOlllS 24 Total 8-1 Buiklingllcigbl: 3 ll10rics (45' or Icsll) Existing Zunin!:: up 10 20 dwelling units per acre 8.01 acres It 20 dulac" 160 lolal allowable units TOllll Projecl Dcnsilv: AJ)lII'bJlCnls 84 Units Townhouses 56 Units Tollll Units 140 Units ProIloscd Townhouse Building Data 2 Ilcdrooms 28 3 Bedrooms 28 Total 56 Building Heisf1t: 2 stories (45' or less) TOllII Pnrlting Requiml: 1261Jll1CCl1 (28x2 .. 56 + 2Sx2..5a 70) Tolal Parkins Provided: 126 opaccs 5 Se tember 2007 bO)ntonbeach.F1NAL.dwg SeaBreeze Apartments 2 & 3 Bedroom Unit Building Front Elevation SeaBreeze Apartments 2 & 3 Bedroom Unit Building Side Elcvation 00 aJ 00 ~ o ~ s:l ~ ~ o o .,p CI:S ~ ~ - aJ~ ~ N ~ aJrn Q.) H CO ro aJ r:n SeaBreeze Apartments 1 Bedroom Unit Building Entry Elevation 00 <L> 00 ~ 0 ~ s::: ~ = 0 0 .~ Cd ~ ~ ........ ~ Q) d) 0.0 N ~ Q) CJ Q) ~ ~ C\S Q) r./J SeaBreeze Apartments 1 Bedroom Unit Building Street Elevation r.-..". . ! , Townhomes, for sale: Unit Tvpe 2br 3br Numbe r 28 Size 1150NC, 1350 Total Exhibit 6 Unit Types Tar..C1et Tal11et Mfn Market AMI* Income Workforce, 80% Low-Mod Income Approx. $37,000 Workforce, 80% Low-Mod Income Approx. $40,000 Net Price to Buver 118,444 131,604 *AMI=Area Median Income as determined by US HUDand State of Florida. For 2007, the maximum 80% income for family of four in Palm Beach County is $51,500. ." .... 28 1300 AlC, 1500 Total Apartments, for rent: Unit IW! 1br 2br 3br Numbe r . Size Monthlv net rent TarQet TarQet Market AMI* Lower-income 28%-60% Min Income Approx. $21,000 Approx $24,000 Approx $27,000 *AMI=Area Median Income as determined by US HUD and State of Florida. For 2007, the maximum 60% income for family of four in Palm Beach County is $38,640. We also anticipate that up to a small percentage of the Apartments will be set-aside for very-low income households earning no more than 28% of the AMI, or $18,032. This is subject to the 2008 guidelines to be published by the State of Florida. Lower-income 28%-60% Lower-income 28o/~-60% Exhibit 7 Preliminary Estimate of Total Project Cost (-~"\ Townhomes Please see following sheets. For Construction financing, we anticipate a conventional First Mortgage in the amount of $7,000,000 from Sterling bank. We will apply for CWHIP funding from the State of Florida as well as SHIP/HOME funding from Palm Beach County totaling $6,450,000. Ap.artments please see following sheets. For Construction financing, we anticipate a conventional First Mortgage in the amount of $2.583,719. We will apply for an allocation of federal Housing Credits from the State of Florida as well as SHIP/HOME funding from Palm Beach County. [1 ( IBOYNTON BEACH CRA SOURCES AND USES DEVELOPMENT SOURCES ~ M!!!Yn1 1s1 Mortgage - Bank 50.74% 7,000,000 CWHIP/SHIP Other Soft 49.11% 6,775,000 Deferred Developer fee ~% 21,034 Total Sources 100.00% 13,796,034 USES' Per Unit Total LAND Acquisition costs 30,000 1,680,000 Land (other) - Other - Total land 1,680000 HARD COSTS Clubhouses, Pools, AmeniUes Inel Parldng In<:! Residential Bu~din9s 120,050 8,722,600 Slleworil 15,000 840,000 Other Construction Contingency 7518 421 000 Tolal Hard 142566 7 983 800 SOI'T COSTS Accounting 268 15,000 Appralsall Markel Studies 268 15,000 Arclillect Design 1,500 84,000 Arehitect'SupelVlslon k1cl Condo Assoc Prefunding 1,103 61,740 Engineering 1,000 56,000 Environmental Reports 89 5,000 Impact Fees 3,500 198,000 'nspeetlon Fees 536 30,000 Insurance (Bldrs Risk) 2,495 139,717 Inlerest - Senior 10,050 562,800 Interest - Other - - Legal. Rezoning 893 50,000 legal - Condo Docs 893 50,000 Legal - RE and loan Closings 1.339 75,000 legal -lender 625 35,000 loan OrlgilaUon . Senior 1,563 87,500 loan Cosls - Other 893 50,000 Marlcetlng - Office, Ads 2,679 150,000 Marlcellng - Broker Participation 2,679 150,000 Mise Consultants 1,786 100.000 Other Municipal Fees 893 50,000 Permit Fees 500 28,000 Project Management - - Property Taxes 693 50,000 son Test Reports 266 15,000 Survey 714 40,000 TillelRecordlngJDoc Stamps 1,266 71,000 UlIlity Connections 2,000 112,000 Soft Cost Contingency 3,255 182,301 Developer Fee 29,842 1,671,177 Tola, Sot! 73 790 4,132234 Tolllr Uses 246 35a 13796034 P.20(2 "'---"", .... ~----. ..) BOYNTON BEACH CRA Sellout Projection - Unit TYDIt 212TH .80% AMI 312 TH - 80% AMI Number of units 28 28 % of total 50% 50% UNIT SIZE (SF) I Day Cost per PRICING Ale Non-AlC Uvablo Gross SF Nominal Price Less SubsidY Price to Buyer Total Sales 1150 200 1,350 173 233,392 114,815 118777 3325,753 1,300 200 1.500 173 259,324 127,350 131,974 3,695,281 68,600 11,200 79,800 7,021,034 1,225 . 200 1,425 246,358 120,982 125,376 UNIT COUNT Total Ayaraga 56 100% Pag.1of1 OCEANBREEZE .---':.. MaX. r \ No. Gross :d. of Unit Size Median He Utility Max Net Applicant rooms Baths Units (SF) Income % Rents Allowance He Rents Rents Annual Rents 1 1 .3 750 28% $338 $97 $241 $241 $8 676 1 1 21 750 60% $724 $97 $627 $627 $158 004 2 2 3 I. 975 28% $406 $113 $293 $293 $10,548 2 2 33 975 60% $870 $113 $757 $757 $299,772 3 2 3 1125 28% ,$469 $130 $339 $339 $12,204 3 2 21 1,125 60% $1 005 $130 $875 $875 . $220,500 Totals 84 80.100 $709,704 /- - ". I l. Construction Sources (" Interest Construction Source Lender Application Underwriter's Rate Debt Service .,(st Mortgage $2,583,719 $2,583.719 7.75% $500,000 SAIUHOME $0 $0 Local Contribution $0 $0 Tax. Credit Equitv $15,716,628 $15,716,628 ~i~;i~~~ [~~H ~i~~~~~~~~~~~i!i if~! ~ i~l ~~!~~~~~; ~t~~~~~~~~~~~~ ~~~~ Deferred Developer Fee $2,603,193 $2,603,193 ~~~~m~ii~!~ ~~~~~~ ~!~~!i~1~~ i~;!m~H~~!~~!i~mf~ ~ i~~~ ~i!~ ~1' ~ m ~~l~~~ n H ~~~!~ !!i!~~~~~~ ;!~ H~!!i!~~~1n~~n~I~1~i H~!~~ ~~~ Total $21,393,149 $21,393,149 $500,000 ( Pennanent Sources Interest Amort. Term Annual Debt '-, Source Lender Application Underwriter's Rate Yrs. Yrs, Service , \ ; . Mortgage $2,583,719 $2.583,719 7.75% 30.0 30 $222,121 ~AILlHOME $0 $0 Local Contribution $0 $0 Tax Credit Equity $18,490,151 $18,490,151 ;! i~ ~~~ N~i~ ~;~~~~!l ~Wm~~mmt! rmmmm~ ~~ H~i~iii ~~~ ~~~ ~~~i H~1~~~~~~. Deferred Davelooer Fee $319279 $319,279 HH?~~H~~HiH~~E~ 1H~iHHiHiim ~mm1i;i~i; ~~i;~Hm~~H;;iH;~1H!n;H . ~HnHmiiHHH~~ ~~~miHm~~~H ~m;HH~m: ~~ ~:~i ~;~ H ~~~!~ ~~n~ ~H ~~ i:~ 1 Total $21.393,149 $21,393,149 ~H!~~m~m~~~~m ~1HH!~!;~~H~i~ m;!H~i~1;i; $222,121 ( (1 DESCRIPTION ANNUAL PUPY Revenue Gross Potential Rental Revenue $709,704 $236 568 Other Income: WasherlDlVer Rentals $26460 $8 820 Cable Television $10886 $3.629 Miscellaneous Income ~ 2% $14194 $4.731 Gross Potentlallncome . $761,244 $253.748 Less: Vacancy Loss ~ 5% ($38 062) l$12.687) Collection Loss Ifi} 2% ($15,225) ($5.075~ Total Effective Gross Income $707.957 $235.986 Exnenses Fixed: Taxes $84 000 $1,000 Insurance $84 000 $1.000 Variable: Manaaement Fees fli) 4% $28,318 $337 General and Administrative $12600 $150 Pavroll Exoenses $105.000 $1.250 Utilities $50,400 $600 Marketina and Advertising $16.800 $200 Maintenance and Reoairs $33.600 $400 Grounds Maintenance and Landscapina $16,800 $200 Reclacement ReselVe $21,000 $250 Total ExDenses $452,518 $5,387 Net Ooerat;na Income $255,439 $85,146 Debt Service Pavments First Mortasae $222,121 $74.040 Second Mortaaae $0 N/A Third Morfaaae N/A N/A Total Debt Service Pavments $222,121 $74.040 Ontrallna.'ncome After Debt Service. Before Tax Cash Flow $33.318 $11 106 (.. 'I. Project Name: . Rev/slM Date: 05130/07 ("'\ Applicant's Application Total Revised Total He Ineligible Costs Cost Costs Actual Construction Cost Construction Contract Parklna $0 $0 $0 Off-Site $0 New Rental Units $11,088,401 $11,088,401 $0 Rehabilitation of Existina Unit~ $0 Accessorv BUildinas $0 Recreational Amenities $0 Rehabilitation of Common Areas $0 General Contractor Fees (max 14%) $1,552,376 $1,552,376 $0 Total Construction Contract . $12,640,777 $12,640,777 $0 Other - Hard Cost Contln!1ency $379,223 $379,223 $0 Total Actual Construction Cost $13,020,000 $13,020,000 $0 (' Applicant's Underwriter HC Ineligible Revised Total Cost Total Costs Costs General Development Costs Accountin!1 Fees $100,000 $100,000 $25,000 Appraisal $10,000 $10,000 $0 j\rchitecfs Fee - Desian $150,000 $150,000 $0 ., iitecfs Fee - SuoervlsJon $25,000 $25,000 $0 .der's Risk Insurance $100,000 $100,000 $0 Builder's Permit $175,000 $175,000 $0 Brokerage Fees - land $108;281 $108,281 $108,281 Brokerage Fees - Buildings $0 $0 $0 Closing Costs - Construction $0 $0 $0 Closina Costs - Permanent $0 $0 $0 Engineering Fee $175,000 $175,000 $0 Environmental Report $7,500 $7,500 $0 Financial Advisor $0 $0 $0 FHFC Administrative Fee $160,000 $160,000 $0 FHFC Application Fee $5,500 $5,500 $0 FHFC Compliance Fee $78,000 $78,000 $0 FHFC Credit Underwritino Fee $13,000 $13,000 .$0 Impact Fees $ 340,000 $ 340,000 $0 Insurance $0 $0 $0 Inspection Fees $25,000 $25,000 $0 LeaalFees $100,000 $100,000 $25,000 Market Study $7,500 $7,500 $0 Marketinaand AdvertisinQ $250,000 $250,000 $250,000 Pre-Constr, AnalvsisJExistina Prop, Eva!. $3,500 $3,500 $0 Property Taxes $75,000 $75,000 $26,250 Soil Test $25,000 $25,000 $0 Survey $15,000 $15,000 $0 Title Insurance $100,000 $100,000 $0 -"tv Connection Fees $500,000 $ 500,000 $0 ."iture, Fixtures, and Eauioment $150,000 $150,000 $0 Total General DeveloDment Costs $2;698,281 $2,698,281 $434,531 , .., Applicant's Underwriter HC Ineligible Revised Total Cost Total Costs Costs l )ncial Costs struction Interest $500,000 $500,000 $125,000 ulIQlnatior'\ Fees $51,674 $51.674 $50,124 Other - Debt Service Reserve $0 $0 $0 Other - loan Orlainatlon Fee $0 $0 $0 Total Financial Costs $551,674 $551,674 $175,124 Applicant's Underwriter HC Ineligible Revised Total Cost Total Costs Costs Non-land AcqUisition Costs Buildina Acquisition Costs Other Total Non-Land Acquisition Costs $0 $0 $0 ( \ Applicant's Underwriter HC Ineligible Revised Total Cost Total Costs Costs Development Cost before land and Developer Fee $16,269,956 $16,269,956 $609,655 Other Development Costs Developer Fee on ACQuisition of Buildinas $0 $0 $0 Developer Fee $2,603,193 $2,603,193 $0 IQther - Excess Leaal Fees $0 $0 $0 \ 'suiting Fees .al Other Development Costs. $2,603,193 $2,603,193 $0 ~ Applicant's Underwriter HC Ineligible Revised Total Cost Total Costs Costs Development Cost Before Land $18,873,149 $18,873,149 . $609,655 Land Acquisition Costs Land $2.520,000 $2,520,000 $2,520,000 Other $0 $0 $0 Total Land Acquisition Costs $2,520,000 $2,520,000 $2,520,000 Applicant's Underwriter HC Ineligible Revised Total Cost Total Costs Costs Total Development Cost $21,393,149 . $21,393,149 $3,129,655 ,.. -'\ --1 -,' Elchlblt 1 HiUsborough 15 Yur IncoJ1'l) and Expense ProlllCtlon DI'!':CRIPTION ear 1 vear2 Voor 3 Vear'" YearS Y......6 Vear 7 vear8 ear" Yearl0 -Yoorl1 V_12 Year 13 vear ,... vear IS II ' Polenlial RelllaJ R"""nue S09 $723 898 5738.376 5753.144 5768206 5783.571 5799242 5815227 S831'!I:"\T !UW:81~ "~"''1!r 4 SlIM,Om" 1ll18,07A 5~"'"{'<l -: . ~ !~!~ ~ ~ UIle. r_1s ~.- ~I $28641 529214 ill ::111 P=E ~1622 iJI Ie . 5 1104 S~ S11 784 ~9 512 ' 51 ~ ~ ~ Income <Il> 2% of EGR 514194 .11...... 514 :B I I 51 16 516 1 16 Income S7B1 744 5778.469 .1791 471> 5874.431 1.919 S 12 Less; ~ ~ ~ ~ ~ ~ V S3B.ll82 139600 S40 3112 542 024 s<hS.I;U S.44.5!IB $49.236 S&I.222 ".........M1OSS 57.812 . 57.920 $6.078 58240 4 R 144 58.919 S10.044 Total evenue 1 0 S729.861 5 44479 5759.368 5; 4.556 5790.047 $805.848 $821 965 Sll38 4lI\4 !Dl!t~ f7~ '587'"6 SM!l72 1 Sll.44 179 F.-S FImd: ~ ~ T_ ~'111 591.7159 5117 ;JIll 5100~ 5103.309 5~ S' 09flOl S"~ 5116276 S119 64 5~ ~ Insurance 1111 591 7eg sa r ;J7l1 $100. 51 w.309 51 510l1f!D' .1112 5116278 5119.76'1 51 512 v~ M nI Fees .. I ~,~ I $3~ m i3:l.el9 .' 534 89 HI ~Mn~- $1 5129 8 51 514 181 $14 1~.496 5 516 'II 1 1 S $10l! 1 $111 II 511 179 5121 2 51 ~ 537 1 5141111 $14 514 $ C::::iH~ 5! .726 180 5 6 ~. 1 .. '" 5 M Ilnd I 51 51 909 S194 6 ;i $21 5 .S'}! Eli 12 MaWiJai18n<>> 8l1d"'.....n S34 08 s: 817 s:!ll.ll 1 .. $42 840 54S1 'J"'.MiliiilaM8i1tensn<elltlll 51 51 D4 $17 3 16358 s' .909 $1946 i20.6li2 82 $21!l';>O ' $7.1578 1 412 RMJifii _ntRAMI'WI $21 000 $21 000 521.000 ~1.00v $21.000 S~I.UOO SZ~ 000 $21.001: 52UllX 521.00( $21.00c S21.IXX $21.lXX S21.0lX S21llOO ~ 01811',..,.",.". $4525111 s.u;s 491 $491 962 ~.78 5~"0.\1~1 5~34.6111 s:>4964 S581291 S697.75!l $614712 5632,167 S65Il.1311 SIlIl8.ll43 ""'I 0""""",,, /n(;Omo $263 os, $264 3,;0 $2B5ll45 !t7S7406 S2lll1.l511 $2 0.u2l> $41 If~ S".t72.z01 106 $2 3811 $274.517 $276.009 5275.348 $27552ll $275.536 , . 5222.121 S222.121 SZ22.12 5222.121 $22212' 5222.121 5.222121 5222.121 .21 $777121 -~1 S?>> 121 '$7"1" -:.1'""1 5222121 $0 $0 SO SO $0 SO $0 $0 !Ill SO $0 .Ill SI'l SO iiWij' . NfA N1A N1A NlA N1A N1A NlA N/A NlA NlA 'N/A N/A NlA N/A -N/A Iher'FeeS~ 50 SO SO $0 SO SO 50 $0 SO SO 50 SO SO SO 'liiii'1<'ees - rustfNii!l...w-....Ietc. -SO -S'n' SO SO SO $0 SO SO SO SO $0 $0 SO SO , TOle) De ServIce P..........II 121 $222121 S222.121 $222.121 =121 sza121 s;a;z,121 121 5222121 $222121 .c= 121 5222,121 5222121 =121 t'IniomtiiVilncomell.i!ilt"'ebf!<.ww.. -. llAforo ax C'...!Oh~k>W $41).,31 $4'269 ~1l24 $45285 S4Il.1l47 ~.u~1 51lO.0ll0 551]80 552397 552.888 S!i3227 5534115 553415 ~-- n..hI ~""'e- "'ht anN .1114 1,19/l 1.197 1.203 1.211l 1.215 1.220 1.225 .1. 1 1.238 1.239 1.240 1.240 Debt rvteeC'..mMtIl""_ 1.184 1.190 1,19 1.203 1.210 1.215 1.220 1.225 1.229 1.233 1.2"" 1.238 ti: r~~j 1.240 -A1I"""""""'s 1.1114 .1 !Ill 1.1Q7 1.203 1210 1.215 1.220 1.225 1?!f~' ,-",,~ .1-~ 1.2040 r .AI Mo Fees 1.184 1.190 1.1!l7 1.203 1.210 .1.215 1.220 1,225 1.229 1233 - f.:?35" 1.238 1.2'10 "'nanaal Ratln< 0 tio 63.2% 63.8'" 64,3"" 64.8" 65.3% 65.8% llII.3% titi.9% 67.4% 68.0'lI 88.5% 69.1"" 89.7'11 70.2% '0.6% aree~..I'""" RatiO 94.3% 942% 94.1% 94.0% 94.0% tl3.~ 93.9% 93.\/'Vo 93.9'.11 93.9 94.0% 94.1% 94.1% 94.2'l1o 943'11 Cash Flows NPV of Cash Flows $40,931 $359,601.09 $42,269 $43,824 $45,285 ~6,647 $47,905 $49.051 $50,080 550,985 $51,760 552,397 552,888 553,227 $53,405 553,415 (--.., ' /. Exhibit 8 Experience in Obtaining Affordable Housing. Subsidy Project Name Subsidy Subsidy Subsidy obtained 1 obtained 2 obtained 3 (source and (source and (source and . amount) amount) amount) Crescent Club lIHTC $8,572,393 SAIL $2,000,000 SHIP $1,878,919 Glen Oaks LlHTC $4,750,000 HOME $2,576,000 SHIP $758,001 Cove at St Lucie LlHTC $5,033,000 HOME $2,876,000 Fee Waivers $350,000 /--, r -', Exhibit 9 Role of a Local non-p~ofit Community Development Corporation . We have read the descriptions of the two COC's in this area: Bovnton Beach Faith Based CDC and R.E. Lee COCo We would be very pleased to involve either of these two groups in this development. The level of involvement would depend on their interest and capacity. It could range from helping to coordinate community outreach and pre- marketing, to providing tenant services, to participating in design meetings and bidding. /. If we are able ta enaaae one af these oraanizatians. we would commit to the followina: We will donate the rental development to the CDe upon completion of lease-up and conversion of all Permanent Financing,. subject to the consent of the lenders and investors. We will negotiate this .provision up front with the lenders and investors to ensure a smooth transition. This will allow the COC to have a permanent, significant presence in the neighborhood. It will allow them to control the residency of the apartments and reap the. cash flow benefits; thus, giving them a permanent source of income, (-., ~, Real Estate. Education. An.d Com.munity Housing. he. A WOJ.T.d . full of equal oPP01t.u.nities... IUJ.AONJ Rill Edlllo 1....._ An4 , ea..,Imil;J 1i0Uli0& I... O<t, .. . "'ri....wd (0 :.Co_ ...4 -....010 llow"" ._ ... lint Ii... be....~ 'lIlO1>olpo. a..clei Io1nr4 v.., Lo'" Lo.. .... lol.......t. 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'UlIlII.. << /.alloliwl, _ _. ...ot_ ...Ill";,,,.. oIa.nIol>l. ..-tll a...lrc Wri.. .. Ii.., otflltcQtI d..lI....., n. !uollIt ..q'" ".. u ftOlt* ouI.. t...... -';11..,.>1, or to",.... __ <1Itrwo. ..quin:d 10 __ or A~"" h."uS>>r~ l'-U.O.H. llmldM PMIlo! __ _.Iortbo.. _'oil -..Itldll t:bl V.., ......_.. ~ ..ldeDtIIlt.4 ill tbo ___S--Ji...blor WCS\ I'll. S...w... ll_ "u Soh,Ioct",~ ..oilUOlt:r, \Ill f\oIoU _~latloo "'-"'.. Q~""'"'l'i.......p__ Ed..c.tl.n nz, 1>.... 11001 0( 011 "'" o...atioool __ ODd _.bop.l, to It,bate, bib.... C><llnopUo. r."...lodudo.. ~I'l>fN._n>q ~:r.rt."'""'- ~A.elEd.l\IOIll r.t4oloq l....snr No... M__l~l O_dl.nl_ Rap,a..utatla.. pJOtiripalhw ll>dirlcluol. _ .... u..u-..... a ..._ RtJn.entoli,. n Phner 1'lb> will ......p"", n.... "-"'11 tll.> p........ AppUcetlob to 010'- q, ptO",oIi.. 0..-. Sup)>Ol1: ..<I Cmlil.iIq. t(ot N, Wikar,r t8iI. SoI_ 11~ P..Ba_QItdtDl.n.U<<1~ OIlI.., (1101) .n4VlQ fa; {Ii4Q'UlloS9>> ~., I .. t ( "\ ! IAnt ft....., E....t..,.." And C'AlmaDit, "ollolag, ..,. econr.ldiaq'l'Hol ...-IIQ "_0_. ",.BUIO _llil'4f'.lfla 'a:IIHI_ _ _ hlll:~... AItori*_,.wito~ ~1o~~diowtM "'-O(~, . iCon"-<<: Us Today~ S~1."4'1.".1'1f) A lA1<lrldfuJl.' eqwJ q>portunbiu.... 1.111 Real "Estate, Education And Community Housing, 'ne. . . 5-25-07 To Whom it may concern: Real Estate. Education And Community Housing Inc. (R.RA.C.H.) is a Florida Non-profit dedicated to helping people achieve the dream of homeowners hip. . Our organization fully intends to support the efforts of AlIDlPL Group in assisting homebuyers In the Boynton Beach communlty-Ocean Breeze Site. R.E.A.C.H. acts as a recourse to Coun,ty and Statewide housing education and homebuyer campatgns and will work with the Ocean Breeze buyers through Education, Counseling and Financial Assistance. We arc excited to be working with these expenenced developers. Pleaso feel free to contact roe with any additional questions. R.E.A.C.H. Jon Williams 0: (581) 491-1673 F: (561) 712-9993 JOn@reacMhDUSlng.org Our goals are your goalS! REAl. UTAft, fDueATlOI<. CoMH\lHn'f Mousrl<e.. ....IC.~~......IU ..............c.....,...n.sJot.. ~.C::.'l:l.:.;.':l' r-". I \ (" ,-' ." . ~ GUARD'lAN FINANCIAL NETWORK, INC. 5-25-07 To Whom It May Concern: Guardian Financial Network Inc. will be working with the ARDIPL Group on the Boynton Beach - Ocean Breeze Development. Guardian will provide financing to purchasers of homes in the project. Guardian Financial is an experienced mortgage lender and has a full range of mortgage products available to. Florida buyers. . We look forward to working with the buyers of the Ocean Breeze homes. Please fed free to contact me with any additional questions. Sincerely, Patricia Tracey Guardian Financial Network Inc. 8409 N. MilitalV Trail. Suite 111 · Palm Beach Gardens, Florida 33410 r,.r---~,. I ! Exhibit 10 Commitment use local residents We hereby agree to incorporate the strengths of local residents into the planning and construction of this development, in a manner to be agreed upon in coordination with theCRA. Signed: VjJr- Todd Borck ./-~ ..... '. /<"'"'" \ Exhibit 11 Statement regarding purchase of property . We hereby offer to purchase the properties contemplated herein (approximately 8 acres) for the sum of $4,200,000.00. We further agree to the other conditions regarding performance as stated in .the RFP. This offer is subject to signing a formal agreement between Purchaser and Seller. Signed: r \ (--'-~i Exhibit 12 Community Land Trust We hereby offer make all of the 56 Townhome units subject to a community land trust to be selected by the CRA. This offer is subject to a formal agreement between us as Developer and the CL T. It is further subject to the advice of our counsel and consent of our lenders. Signed: r- ! '- \. Exhibit'13 Preliminary commitment letter from lender . . Please see following sheets. .,~~ . i r, I o PNC MUL llFAM1L Y CAP1TAL September 1. 2007 Mr. Todd Borck Oceanbreeze, LLC c/o American Realty Development. LLC 615 Crescent Executive Court Suite 120 Lake Mary, FL 32746 RE: Oceanbreeze,Apartments Oceanbreeze, LLC. (the "Property") (the "Partnership") Dear Todd, I am pleased to provide you with PNC Bank's (the "Lender") term sheet to provide a $4,200,000 land acquisition loan Loan (the "Credit Facility") for Oceanbreeze, LLC, a 84-unit new construction affordable housing development for families and a 56 unit fee simple community located in Boynton Beach, Florida, subject to the following terms and conditions: t" i \ Borrower Oceanbreeze, LLC. a Florida limited liability company (the "Borrower"). The Construction Loan shall be full recourse to the Borrower until conversion to the Term Loan. Guarantor(s) Guarantees of repayment during the development period shall be provided by Todd Borck. and Pat Law or persons or entities acceptable to the Lender. (the "Guarantors" .) Credit Facility Land Acquisition Loan: $4,200,000 Term of Loan The Loan period will be one year. Interest Rates Floating at the One Month LiboT + 2.25% Commitment Fees (paid at Closing) Construction Loan: 1.00% (~f Collateral Environmental Indemnity Appraisal Reports and Debt Service Coverage Subordinated Debt Representation Warranties. and Documentation Closing Oceanhreeze. LLC Tenn Sheet September 1. 2007 The Credit Facilities shall be secured by a first priority fee mortgage on the land associated with the Project and all improvements to be constructed thereon. First priority assignment of leases. rents and income from the Project. First priority perfected assignment of the construction contract, subcontracts. architectural agreements, plans and specifications, permits and all other construction-related documents. First priority perfected security interest in all other assets of the Borrower related to the Project. The Borrower, Guarantor and other persons or entities specified by Lender shall indemnify and hold the Lender harmless from all liability and costs relating to the environmental condition of the Project and the presence thereon of hazardous materials. Lender must receive an appraisal report ("Appraisal Report") satisfactory to it in all respects within 90 days prior to the Construction Loan closing date. The Appraisal Report will be ordered by Lender from an appraisal firm selected by Lender which has either the "M.A.!." designation or is State Certified. The maximum loan-to-value based upon achievable restricted rents is 90%, and the debt service coverage ratio shall be consistent with Lender's policies. In addition to the construction and term loan, subordinated debt will be allowed subject to advance written consent of the Lender. All secondary fmancing shall be subordinate in an respects to the Lender's loans. Standard representations and warranties, terms and conditions, and loan documents as are typical in this type of financing as roay be required by Lender. Borrower will make usual representations and warranties as of the Construction Loan closing and the date of conversion to the Term Loan and in connection with each advance including, but not limited to, corporate existence. compliance with laws, enforceability. true title to properties. environmental protection, no material litigation. ERISA compliance, insurance, absence of default and absence of material adverse change, and availability oflow income housing tax credits. Lender's obligation to dose the Credit Facilities is subject to the Lender's receipt and review of the following reports and information, aU of which are to be in form and substance satisfactory to Lender and which shaH be provided no later than ninety (90) days from the date the tax credits are reserved or allocated: plans' and specifications and construction contract (providing for payment and performance bonds as may be required by Lender) approved by Lender's inspecting architect; final budget demonstrating adequate funds to develop the Project from sources acceptable to Lender; Phase I environmental report; title 2 I' l \ l~- ----'r '; Ocean breeze, LLC Tenn Sheet September I, 2007 insurance; survey; zoning; permits; opinions of counsel; evidence of reservation or allocation of tax credits; market study demonstrating feasibility satisfactory to Lender; financial statements of, and other infonnation relating to the business activities of, sponsor, developer, guarantors and any principal with a material financial ownership interest in the Project or the foregoing parties, (collectively the "Development Parties"), which is satisfactOlY to Lender; satisfactory progress and performance of other projects developed by the Developroent Parties and absence of prior default by any of the Development Parties with respect to any credit or equity facility provided by Lender; and such other infonnation which Lender may require or which are customary in similar transactions. " Loan Call Protection The executed loan documents will contain prepayment lockout, defeasance, yield maintenance and/or prepayment penalties. Assignment Borrower may not assign this commitment or any interest therein without the consent ofthe Lender. Expiration This firm commitment shall expire automatically, unless extended in writing by Lender, on December 31, 2008. Lender's obligation to provide the requested financing is expressly conditioned on the fact that no information submitted to Lender in connection with the Credit Facilities shalt prove to be false or misleading in any material respect, and that no bankruptcy, insolvency, receivership, or any other debtor's relief proceedings shall be commenced by or against the Borrower. 3 0; ( Oceanbreeze, LLC Teim Sheet September 1, 2007 Thank you for the opportunity to be of service to you. Should you have any questions, please do not hesitate to contact me. Agreed to and accepted: Oceanbreeze. LLC By: Senior Vice President PNC Bank, N.A. Its: Managing Member BY:~~ C Name: l1pt> L ~ .J!h~ Title: j{//fJI/~bf Date: r/; 7 4 y---',- Exhibit 15 Attestation of understanding of procedures We hereby attest that we have read and we understand all procedures of the RFP. Signed: Todd Borck --~~. '''': Exhibit 16 PowerPoint Presentation The requested Powerpoint presentation is included within the binder marked "Original" and clearly marked as the Powerpoil'lt presentation. The presentation is made a part of this proposal. . " American Realty Development, LLC DeVeloping' Corrirritiilities Across Florida, Georgia, and Texas - . ,- .,..... Septem~r2067 \ , '. l i J' . I. \/ ' \f\~erican Realty Development, LLC \~ / ' J' \; i i,., ' \ " I Ie' . I :.:. I Who\Ve'Are .' I I '" i' t Iii i .' I, j I I 'f." , /' \ . r J I , ','1/ \ I~:. OU,. rlResid~nts ' 1 .~ J / IJ " \ . \ I ~ , \ .:. ,{ti,<<Udlng Affordable . // ~otnmunities t'" \ ' J~ ;. i, '."1' .~ft Urban Inlill Communities l .p " , ~> ~j:J' se~~o..rfl:OUSing Communities ., \ ' . ~,' ."''\.i''.~>l~:l. .:.,. ;::]A:t{tre ; ~ .. \ h,,' I I ' \,' "~\I 't~ If' ~':\tt:{: , ~~.~ '01J1J ~"t:. I d r. t A' a~:tm ' 1. ,.. "~. p .~" ." .. j. t'.j64 ."". ) :. ~ , r', " "l;omntuti1t1e-s ,. ~. I 1I,1Ii;:...: ....1... 11111'" .. 'III,! ~\[~f · ~J ,}! I . . \ ~ ..... \ / ... WhQ WOe Ate I: American Realty Development, LLC is a full' "j service real esfate development company operating through various .' , related entities who's core business is providing affordable housing across the Southeast by building, leasing, and owning luxury styled multi-family communities at affordable price, points. ARD recognizes that working families often spend a disproportionate amount of their income on housing, often in neighborhoods where investment is scarce, the infrastructure is blighted and the hope of a better life is fleeting. American Realty Development recognizes that one of the most critical factors affecting Florida's growtll is the supple of affordable housing for its workforce. Qftittjr a~81clemoo' ", :,', >>,,~~. ';"""'''':':':'0 .o,'!"", i?<..;:.+,:':,.:.... ",~..'" -'/:>< '\1):;/.. ,," ..A;,..:.;~.'."'" '.~'.."t',"''l'<''''..''P.'''',~ .,/ Je,. ..,1,.:' .... ""i',<.""""'<;"""":' ,_,' ...,;;.... "";,;_!i).\,:;.':;'iic,;;i,*" TNt P,~Ppl~;Whp.'.I,IY~..IQJ;~N~1 dev~19peclc9fflmwltles are a ~~"".':... .............. ...........~11~.o....~.~~~.~.~.....~9~t<fp.rce oflfle0reglO'n. "'THeyinclOa~ police officerS, teachers, rlQr~es, fire fighters, banktellers, wait staff, a,"nd other working members of the community. As a reflection of the investMent that ARD makes in their developments, our residents share an equally strong ~tt~chment to this community. T/teresidents olllur cq",munities . . 'hfj,v,e t"e opportunitY tiJldwer .~:j~~!i"h,oliSlflg cQ$ts, ~l!~~'rve a (...-.'.'....... .... '. .. .. ' ..';',"~".., ~1i~p.pfn(Jn~l~h~it itt~omeby "..V4~e(Jj hit ev~fttflall .....~., .' '. . t)1 U rhan Infill Communities American Realty Development selects sites that are near where our future residents will live, work, and play. Our ability to locate and identify land that can be developed into multi-family housing in a cost-effective manner is unparalleled. Our principals - Todd Borck and Patrick Law - have a wealth of experience in property management, design, financing, and construction. They share the vision of providing affordable housing in all urban, suburban, and rural regions of the state of Florida. Completed Crescent Club Senior Apartments, 2003, Right Do we deliver? Artist's Computer Rendering of the Crescent Club Senior Apartments Proposed Construction, 2002, Left Senior Housing Communities American Realty 0 leader in affor t is an industry housing. We Garden Apartment Communities American Realty Development has developed over four thousand garden apartment units across Florida, Georgia, Texas, and New Jersey over the past ten years. This experience has given us an unparalleled degree of expertise in identifying market demand, creating viable financing strategies, maintaining effective cost control and project budgeting, and excellence in construction standards. . ~........"....' ..rr....... . .. . ,1'1.. . . . , . ,.. . . . ARD pays specific attention to each Florida Housing Finance COIporation tax credit application cycle and has a success rate that exceeds most competitors. . ~tudent Housi ~ ,< }" rican''J~~~ny'e d ~.,;t'I~Ii..r#F ' t d ;; ~~~/,~~~'ii~ P c ~:co:m~~lt(~s fa iti~~~in Georgia, enabling these schools to continue to grow and accommodate the influx of new students projected over the next decade. ARD has played a critical role in providing motiern, spacious, and luxurious hltt#.fngthat expands upon the """":~hoic~s available to t , 1J1~~.impl~mel(!qtj!!!'. ~f the ,~'J,~d cpncept enabl11 c6'ncentrate on thei*; '" : n % ~ e ~ ,;4 \;i .it rtlther than wrestle Jtith . .1" ';, ..,. '.' r th~:d~.l!cUlties often associate~j.bith '!'" .'- 'al housi!'K..'QiJt;ons. [f ! I 11 Public/Private Partnerships American Realty Development sees each community it develops as a collaboration with the local government. ARD seeks input from its public partners in developing best practices in the approach to each individual communities special considerations. ARD worked closely with Orange County to develop Crescent Club Senior Apartments. Tlte Building Depal.tment withheld demoltion of the existing, condemned apartments until ARD was able to establish a Florida Front Porch statusfor the Holden Heights neighborhood, which paved the way for the necessary tax credit financing. This process involved application in two different tax credit cycles. American Realty Development's Mission is to create public & private partnerships for the development of affordable communities and provide our tenants with quality construction, select amenities, and prompt, attentive management while creating economically viable investments for our partners. This commitment is embodied by our values of integrity, professionalism, and cost effectiveness. 9/412007 2:03 PM 2007 Brochure Master 11 American R$aity Development, LLC 615 Crescent Executive Court Suite 120 Lake Mary, Florida 32746 T 407333-1440 F 407333-1340 info@ard.cc 9/4/2007 2:03 PM 2007 Brochure Master 12 eRA BOARD MEETING OF: September2,2008 I I Consent Agenda I X I Old Business I I New Business I I Public Hearinl I I Other SUBJECT: City's Long Range Revenue Increase Study Options: Shrink TIF District SUMMARY: In the City's FY09-10 Budget and Beyond, the City Manager recommended a study be conducted to consider the following regarding the CRA: 1.) Reducing or eliminating CRA District/Boundaries 2.) The impact of either option above on CRA bond restrictions 3.) The costlbenefit of absorbing the CRA into City; i.e., current debt service vs. future gain in tax revenues (Exhibit #1) I would like to point out the City should be cautious when considering removing properties or disconnecting areas from the CRA boundary that are currently paying TIF and have been pledged for bond debt repayment. Please refer to the attached 2004 letter to the City Manager from City/CRA Bond Counsel, Mark Raymond (Exhibit #2). Mr. Raymond's letter verifies the following: 1.) It is unlikely that the City would have to pay the CRA's bond debt; 2.) If the CRA's TIF reaches certain levels; then the City's guarantee for the CRA bonds could be terminated: 3.) Payments to bondholders are dependent upon tax increment created by the CRA area in effect at the time the bonds were issued. In addition, our bond documents require disclosure to State of Florida depository agencies and bond rating agencies of any "release, substitution, or sale of property securing the repayment" of CRA Bonds (SEC Rule 15c2.12) (Exhibit #2). In my capacity as Director in 2005, I executed the 2005 Affordable Access Bond Issuance in conjunction with CRA Bond Counsel and CRA Financial Advisors, and the bond rating houses of Moody's and Standard & Poor's in order to secure a rating for the CRA Bonds independent of the City's guarantee (Exhibit #3). The following projects received land use designation unique to the CRA and were pledged as a source of revenue to service bond debt repayment for the 2005 bond issuance: I.) Palm Cove (Exhibit #4) 2.) Gulfstream Gardens (Exhibit #5) 3.) Waterside T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetlngs\08 09 02 eRA Board Meeting September\Shrlnklng_the_ TIF _District1.doc ~~~~Y~T8~ eRA iIIii East Slde~West S'lde~Seaside Renaissance 4.) Estancia 5.) Tuscan Villas In 2001, the City Commission adopted the Federal Highway Corridor Redevelopment Plan as an outcome of the Visions 20/20 Plan. One of the seven key goals was, "Commercial Revitalization; Objective 2.1 - Expand the CRA Boundary to increase financial resources during redevelopment plan implementation." (Exhibit #6) In the five years since the adoption of the Federal Highway Corridor Plan numerous steps have been taken toward implementation of the plan. A few of these initiatives are: purchasing the marina and securing additional marine related uses, TOD planning, launching a Trolley program to address future downtown traffic congestion and the approval of almost 3,000 residential units. The 2006 adopted update to the Federal Highway Corridor Plan featured a map specifically highlighting projects that were a direct result from the 2001 CRA boundary expansion (Exhibit #7). After CRA plans are adopted by the City Commission, City staff proceeds to ensure the CRA Plan is in sync with the City's Comprehensive Plan as is outlined in the adopted City Ordinance according to Chapter 163.362 of the Florida Statutes (Exhibit #S). Once this is accomplished, City staff will forward the updated Plans to the State Department of Community Affairs and the Palm Beach County Tax Appraiser's office. In July of 2006, CRA staff was contacted by the Property Tax Appraiser advising that properties within the Federal Highway Corridor Plan had been annexed into the City but had not formally been added to the CRA. CRA staff conducted research on the issue and determined that indeed this was the case on a number of projects located in Planning Area V of the Federal Highway Corridor Plan. Staff contacted the City attorney and followed up with a written request in January 2007 for a City Commission agenda item to address the amendment of the CRA boundary in order to place those projects that received Land Use exclusive to the CRA into the CRA (Exhibit #9). Staff was not informed of the outcome of this request until a call from the Property Appraisers office in early 200S pointed out that the inconsistencies in the CRA boundary had not been corrected. During the summer of 2007, the Gulfstream Gardens project developer approached the City requesting that their entire project be included in the CRA (approximately half of the site was in the CRA). Unbeknownst to the CRA, an estoppel agreement was negotiated with the City to exclude the properties from the CRA (Exhibit #10). This agreement was approved by the City Commission on December IS, 2007 despite the fact that the Gulfstream Gardens project had already been pledged in 2005 to cover CRA bond debt service. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\eompleted Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 09 02 eRA Board Meeting September\Shrinklng_the_ TIF _District1.doc ~~~~Y~T8~e RA iIIii East Slde~West Side~Seaside Renaissance In late December 2007, CRA Board members requested CRA staff calculate the tax increment loss to the City/CRA for the Gulfstream Gardens project (Exhibit 11). In his response to CRA staffs analysis, the City Manager claimed he was confused on the request to revisit Gulfstream Gardens and suggested we discuss disconnecting the Industrial Drive area from the CRA in exchange for adding Gulfstream Gardens to the CRA. Until I received the response email from the City Manager, I was not aware the City Commission was considering disconnecting Industrial Drive from the CRA Boundary or any other CRA property for that matter. At the January 15, 2008 City Commission Meeting, the Commission overturned its decision to move forward with an Estoppel Agreement with the developers of the Gulfstream Gardens project and determined that the project would be added to the CRA boundary. Of importance, Mr. Bressner's rationale for creating the Estoppel Agreement was to address the City's projected reduction in revenue stream (Exhibit 12). As we know the loss to the City was 8.5% in taxable value and the CRA's was 9.7% which resulted in a drop in tax increment revenue of $1.2 million or 13% reducing the CRA's TIF revenue stream to $8.3 million. The City Manager is astute in suggesting a study be conducted to determine the future of the eRA. If the City Commission plans to dismantle portions of the CRA, CRA staff cannot be in a position to make recommendations on various projects such as the MLK Corridor Agreement which has a long term financial requirements from the CRA. FISCAL IMP ACT: Unknown CRA PLAN, PROGRAM OR PROJECT: Everyone RECOMMENDATIONS: Request the City Commission immediately embark on an independent legal and financial analysis to evaluate the impacts to the City and CRA with regard to a reduction or elimination of the CRA district or boundary while evaluating the impact this would have on existing CRA bond restrictions, programs and redevelopment agreements. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\eompleted Agenda Item Request Forms by Meetlng\FY 2007 . 2008 Board Meetings\08 09 02 eRA Board Meeting September\Shrinklng_the_ TIF _DistrJct1.doc -, City of Boynton Beach Long Range Cost ReductionlRevenue Increase Study Options FY 2009-2010 Budget and Beyond (Supplement to Exhibit C - City Manager's Budget Memo - dated 7/15/08) Reduce Personnel Services Expenditures: > Employee Health Insurance Premiums/Co-Pays: HRlInsurance Committee will continue to: I) study various plan structures to identify potential savings in plan rates; 2) study and detennine cost savings for alternatives to city funded medical premiums a~ well as co-pays and insurance coverage. > Early Retirement Buyout: StaffwiB: 1) conduct a costlbenefit analysis to dctennine whether or not an early buyout program would be beneficial to the CitylEmployees; 2) evaluate long range benefits of a buyout initiative regarding post-tennination and filling vacated positions vs. job sharing. > Pension Analysis - Transition from Defined Benefit to Defined Contribution Plan: Staffwill: 1) evaluate alternative models of pension plans; 2) changes proposed would likely be for new employees only; 3) develop transition plan for current employees not yet vested; 4) pension plan for those employees not vested should be an employee option. > Pension Analysis - Evaluate City vs;. Employee Share: Staffwill evaluate employee contribution levels - City currently paying approximately 9% VB. employee 7% (general employees) - staff will evaluate various models. > Change Hours of Operations for City Facilities: . Staff will: 1) study feasibility/cost savings of reducing hours of operations for some or all city facilities (4 - 10 hr. work days); 2) detenmne feasibility/cost savings of reduced work hours i.e. 38 hr. work week, 37.5 hr. work week; 3) determine value of energy savings, reduction of custodial needs, fuel savings, employee commutes, etc. 4) evaluate feasibility of telecommuting. Revenue (Continulne "One Shots"): > Shrink TIF District: Staff will: 1) study impact ofreducingleliminating eRA districtlboundaries; 2) evaluate impact of bond restrictions; 3) conduct costlbenefit analysis of absorbing eRA into City i.e. current CRA debt service vs. future gain in tax revenues. ~ Sell One or More Parks: Staffwill inventory and study unimproved park sites the City either has no current plans to improve or cannot improve due to lack of funding. > Franchise Solid Waste: Staffwill determine feasibility of franchising solid waste services citywide: 1) evaluate franchise fees VB. transfer of Solid Waste Funds into the General Fund; 2) evaluate salc of equipment related cost savings; 3) evaluate billing mechanisms. > Franchise Towing Contract: Staff will: 1) present options for new contract to Commission including franchising towing services in the City; 2) identify potential level of new revenue as a result of franchising; 3) identify cost reduction measures for future contract models. > Implement electronic vendor payments with Bank or America: Program in process ofimplementation. Annual revenue anticipated to be $75,000. In I ttL MOYLE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A. ATTORNEY S AT LAW Office Address: 625 North Flagler Drive - 9'h Floor West Palm Beach, Florida 33401-4025 Post Office Delivery: P.O. Box 3888 West Palm Beach, Florida 33402-3888 Telephone: (561) 659.7500 Facsimile: (561) 659.1789 MARK E. RAYMOND Direct Line: (561) 822-0380 E-mail: mraymond@moylelaw.com Tallahassee Office (850) 681-3828 Wellington Office (561) 227-1560 September 21,2004 Kurt Bressner, City Manager City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: Community Redevelopment Agency Bond Issue Dear Kurt: The CRA is requesting that the City guarantee the payment of bonds to be issued by the CRA. While the historical tax increment revenues received by the eRA greatly exceed the expected debt selvice on the proposed bonds, the City's guarantee will result in a substantially lower interest rate on the CRA borrowing. It is expected that the City guarantee would not involve a pledge of any particular revenue stream of the City or the City's taxing power, but would instead be a covenant to budget from lawfully available non-ad valorem revenues any amount necessary to pay the bonds that could not be paid from the tax increment. It is not expected that the guarantee by the City will have any effect on the ability ofthe City to proceed with any debt issuance that may be undertaken by the City for the foreseeable future. However, in the unlikely event that the City is required to perform under its guarantee and pay the debt service on the CRA bonds, this would necessarily reduce City funds available for other uses by the City. The CRA intends to attempt to structure the bond issue so that if certain financial tests are met (for example, tax increment revenues to the eRA reach a specified multiple of debt service for a specified period of time), then the City guarantee will terminate. In the event the City decreases the size of the redevelopment area after the bonds are issued, this could be prospective only. That is, the bondholders would still have the right to be paid from the ..... September 21, 2004 Page 2 tax increment from the area as in effect at the time the bonds are issued. However, it might be possible to structure the CRA bonds so as to allow for a reduction in the size of the redevelopment area in the event financial tests similar to those outlined above could be met. Please let me know if you have any questions. I will be present at the City Commission meeting on October 5 to answer any questions that the Commissioners may have. Very truly yours, Mark E. Raymond MER/ams 0:\01345\36....\9.11.04 br......r hr.wpd funds aJ: dorm"" lfI.~. nond<~ J gWrl~.iI1 <h A.' [u-..:......... ,:tlH" old.:r : (J ntJ lJnd tl.:wunl cr~I,,-d un\kr Ih~ pru\'isipns or lhi~ R(solutiun; ee) lh~ rrindl'.1l amount ohll ;'rll.L"l i:U\k.-d. raid. (lUh;tu.,'lI or l\.'\k(InL'\I; Gnd (D) the amount", on &."fklsit at lhe ,,'fIlJ or l'UCh fist.";1' VeJr b) the L'n..'\Jit or each !lLIl.:h fund or O\....~URI. SEOION S.OX. An"u.J1 Autlil 1h.: Agc",.')' fOOl!. within onl: )'''''.If una the c1os.: or .....h fi~"OI1 YC'..r.cau~ 1M r.n3nc~15bb:m:ftborlhc A.cnq 10 ~ prop:r.)' DUdik.... by a 1\."\."Ol:niJ:L-d ;k..,..,.Jcn1 firm or <<rtir..:d publica,(OUnbnlll. end slull n.~uirc!Uclt KwunlilnlJ Id complc~ lheir ~ of such AnnUiJI Audit in oc..oRlOlIK'C' .,ith Ipplicabk l.1.w. A COP), or ClCh A"Awl AULlil dull ~ Uobrlyl\c rurniJhcd toanyC~'dil8Jnk.lo anylnsu~cr.~~ any Holder who shall ~\'.: rumiitK-d S adtJn:ss 10 1hc Es.<<Uth'~ Olfl,'l:lor and n."QUC!Itcd In wnuna; thai the Si1mc: hi: fum.tkd kl such ;~kkr. The Ascnt)' sh.;tll be rcrmith:d 10 mn"c. rt'OlSONbl..: Ch3~ (or furnishing 10 any Holdt:r SU,h Annwl Audit SECTION S.09. No Iml\.1if'11\6l Th~ pledain, of too PlcdSaJ Funds in lh.: manner rtD\ML.-d herein sh:lll not be subject 10 ~pc.1l. ..,cKHrlCiltion or impairmc:nl by Iny su~nl C(dinJr1\.~.I\.'"1o"'lion or other rl'OC't'Cdin~ orthe Boord ofCommi$Jioncrs, SECTION ~.IO. CO\'~ft3nU ",ilh Cudil Bank" and IMuren. The A~ncy 1lU)' m.l1.c JU'h '0' cl\:lftU IS it mil)' in iu solcdiscretioA. ddtnninc 10 be appropriate ",ilh IIny J~f. Cr~il e31\l or other fU\ilnd31 in.stilution aha. sMI D'rcc to iruun: or 10 pro\tid4: for Bonds of anyone or 1Mf'~ ~ria erNil or liquidity sopporl tlut sh.311 eMan<< the: :S<<OOI)' or I~ value of such Bonds. Su<h <o'en""..""'y....d forth in !he opplicable Supplemenlal R_lulion and wll ... binding on tbc A;<ncy. the Rqislrof. ~ '.)ine Acent aad ;I111~ Holders or 8ond~ the SJ.fl'le as ir SUi..... CO\crunls were sel rorth in full in this Resolution. .. SECTION S.I L Feckrallncomt! Tn rtn.-~n.1nlll' T:lubl~ Borwh:, (A) lbe Asencyco\'CnanIS with tIM: Holdcnofuch Scrh.."$ orBonds (othcr lhan Tuuble Iknis).~til shall not use the pro<<eds orsuch Scricsof8onc:bin IInym.tnner\\"ich wauk! C.JLlSC (he inkrcsl on sueft Series olOonds 10 be or become includJble in lhe er051 income oflhc Holder thmoffor fc&:ral income bx purpose~. (8) Tb..:: AlcncycO\'en"nll. with the Holden oreilCh Scrics of Bonds (oIhcr dun Ta.\abk (kml$) th:J1 neiCher I~ Alent)' nor any Person unckr ils control or direction willlmowinSly m.1lc ,ny_ oflhc prO<C<ds of lUCh Sen.. of Bonds (or .mognl< deemcd to'" proceeds under lhe: COole) in any maMCf which would caw.:: such Series ofDondJ 10 be arbilrage bonds v.ithin the ~ninv .rSectio. 14& of the Code. ond ...~he:r Ihc A.ency .or..y such other 'onon wll knowingly do ","y lel or E1i110 do any act which ,,"'Quid cause the inlCtulon such Series of Bonds 10 become mducbbk in I~ cross in..."OnlC oflh~ Holckr Ihereof m fedenl income til\ purpos~. SpeaftaJly. .ithout inlending 10 Iimil in any ....3y the lencralily of 1M foregoing. the Ageney connanls and 3'~~ (I) 10 poly to &he United SL1ICS of America from amounlsin the Reb.1le Fund and from any c3Ih.:r kJall)' avaibble fundS-It the limes required pursuant lo S<<tion 148(00f1M Code. the Clem oflhe amount Co1mtO on all non.purpose invc:slfMnrs(as defined in S<<tion 14!l(f)(6) or Ih. Cock) (other than in,..mncnl< Olln"bulcd to In ..,cess described in lhis ",ntetKc) o\cr lhe Ilmount y,hich would hnc been cOImcd ifsuc11 non-purpose in\'cslmcnrs ~.1 Sf.CTION '.Il. Cooli.uing Di<<Io,u", C"",.h3llCO. Th. A~.ney hereby CO"""." .nJ a.;tf'Cs ltul. 50 longaJ an)' orthe SeriCi 2004 Bonds r~nuin oul$lDndin.. iI....ill pro...idc. in a ",JnneT consisl~ty,ilhR.uk 15c2-12ofikSecurilies . . .... 'h ~b:_ 0 ftl . munKlpa es information re~ltorv f'NRMSIR13 .nd In Ihe fWlOpriale dCpoS1 oij traiji3Jed by I1\c ;:jUle 01 Aon~ ("51 ) ihny. (t)on or (ore one)"Car ,Ikr <.JCh fisc.1 ~ ond. fi...nebl inf.......tion and """Illlina clala of the AICncy. and ror so lonz ,,111< C;ly ;, 0 ....Ill.tor or the Son.. 2004 Bonds """...110 the GU.lllJIly. orlhc City. for lUCh fi",.I)... orlhc 1)1>< indudod in lhe: Officbl SI.I<m<nl for the: Serle. 2~ Bonds. ineludin..1xl1 IICI ""'....rily limilcd to tho """ralio. data COllIaincd undor the caplion 'SECURITY AND SOURCES OF 'AYMENT-T.., Incrcmm.Il.\OnllCSond .The C;ly Goa..nly" ond (iil ir nol Il:!miucd a, p.1rl oftbc .nnw' finaN:io11 information putswnl &0 (i). Ibm. ",hen and if .....ilable. l'.afikd 1iR3l1(ial slalcmcNs or the Alency. and for 10 Iont IS lhe Cily is a ~rantor of the Sc:riC$ lOOl Bond. pu"u.nt to the G.....ty. ofthe: City. _..... in acc:onIanc< wilh acn<r.lly o<<<pled "-"tOUntin, principles; (b) in a limely manner. to each NRMSIR or the Munkipal Sccurit~s .......kina Boan! ('MSRB"lond 10 the: I~ SID. ilony. "Til..n notice orlhc o<cuncno:e .r..y orlh. followin. O\".n.. with rCiJlCd to the Sori.. 2~ Bonds. if material: (i) prineipal and ink...1 paymenl ddinquooci..; (ii) llOf1.pa)1nent related dofaull<; (Hi) ul1$(hc:dolcd dill", on ckbl kf\lc:C ""n.es renedin, financial difrlatlli<<; (iv) unschecfulcd dr.nn on crtdit enmnccmcnts rtftcctin, n~ncial diffICUlties; (v) I~h'crsc Lu opinioRS. Of ncnls afT<<tina the 13.\--C'JCempt st.1tus .rlhc:S<<uriIY; (viI modilkallons to rlp...f sccurilyllold<n;(Yill'.y call ofthe: Serio. 2004 Bonds bredcmpliOll othcr than maftdatofy IIn1"'l lUnG rtdCmpbonS o(Tmn Bonds; (viii) dcfUit:lftCCS; li\lreltaw.5ubslilution.ors.:tleofpfopc SCC\I' there TnCnlofthcJC("urilics;(x)substilution otc~tqu r.llre ;(xlraUll,c ces:xltAychana.ein II< fiscal yw or the A....y; (c) in 0 timely _. 10 _ NRMSIR or the MSRB. and to Ihc lffropri.teSID.lf a.y. ",Till"" nolie.olo f.ilure of the A._y to provide the fillOncial infonn,'ion drscrib<d in (olli) lbovc. on or beron: dlc clale JilCCillcd obo\~. Ind (d) I.yothc:r mronn,tion rtquircd 10 ... disclosed 10 ony ...non to ",hom II i. requi..... to ... disclosed by Ihc Rulo. Noty..ilhstandia, the provi5ions o( 1M prlo'Ccdla. para.,eraph. Iny filin. unckr &he pr<<tdiftl "l3Jraph may'" madosololy ltrIRnsmitlin. such filin.to lhe: T.... ),Iunicipal Advhory Council (lllc 'MAC")o. provided II hllp:llwww.disclo...re........g.....1hc U.i.... Slales S<curitio. and bthZll&e Convllwion hOll \\'irhdf:lwft the intapreti\..c advice in ill kiter 10 the MAC dOlled Srpkmber 1. 2004. The A&ency olso <Ov...... to promplly providol 0 copy .r Ihc obo>e infonn.tion to tho Pa)i., Aacn~...k Insurer and the Ori.ioal ....._ oflhc Stries 2004 Bonds. The: 'oyio.A.onl "II_ide .... infonnalion to any _tin. _r of Ihc Sales 2~ Bond. and ony "",",Unllk...rocl.. Ow...". pro,idcd "'1 the: Payi.. A,O.' wll ... .ntilled to e...... such ~in,8ondho1dcr or _roeigl 0.._ an _., sufficiont to relmbu.... Ihc ill<lr ror costs Wlc'uncd for cop);nland shippin'tueh information. ....f~';<O:~~.:~::.'r~i1~:I~"'.:;:.::: =n".::: ~n.;.2:' s'::::-S't' ~n;: := "lkcrned to constitute an Event orOeraultor I breach or aay 0100 covcnanl under Ibis Resolution ~~.r Suppl<meglal llesoMion and lhe: sol. remedy for .uch 0 ckruult or breach wll ... .. ~"bed in the next pa,...raph. l" A-9 *'L- "~r~ in\'c,;b.-d 011 a r.)l~ cquJllo lhe )itld on'~ Bonds. fllu.." Dny in..:onll:ollributJbl( lo such C:~(',,~I( (lhl: "Rcklll: Amoont-); Il) to mJintain and rclOlln 1111 rlo"Lll<<ls pcrt.1ininlto 0100 IcJ k n.--spoMiJlc (\lr m....ing or t'auslng 10 bcm3~ aU ck'lcrminalioM and C".3kubtion.t onlte R,b.J&.: Amounl anti rcqui"'.... ra)11lCnN uribe RcbOlti: Amounr Cl.~ shall be n~~ry 10 comply with Ill<: Cod~; (l) 10 rt:rrain (rom mina proc;iC\.'dsfrom lhe Bonds in, mJnncr Ihal wouW cau....c 1ft.: Bonds or onyof1h1:m.lo bcC'la!i."inlo-d u privOIli:aclivitybvncb un&:r S<<lion 141(a) of thl: Code: and (4) 10 L1le anyaelion "",I would "'..'nl.and 10 .,rrain from laking ony<<tion llut wouhJ cau.sc.1he Bonck.or anyoflhtm, "'b<<om~ .rbittiJlcborkl'(undtr Sed ion IOl(b) and Section 148 o(the Code. Th<: AscIK)' und~f$tands th.1(lhc (OI"Cl;OiftJ C'O\'cmnls impose conlinuin, obliC.1tions on thl: AI'....)' to comply..ilh 1he:n:qulremcnt.ofScction 10l,nd 'a" IV ofSubehapterB OrChapler I or Iht: Code so long itJ such requirement, arc applicable. UnlcSlJ olhcn..isc sp<<ifiC'd in a SupplCmtntalltCfOlulion. Ihc AICr1C)' sh.111 tk.,i,n3lc a certified public accountanl. Bond CO\Insel. or ~hcr profcssion:Jl consullllnC havina the skill and expertise ~ry (the "kcb.1te An:d)'SI") to Nkc An)' .ndal' (akubtions rcquil'Cll pursu.:anllo (his Section rCJolrding the Re~lc Amounl Such calculiJlion lhall be moade in Ihe m3nft(r and al SlKh times.. .pccif"'d in lhe: Cod.. TIt.: Agencywll.nsoga Ind.hall'" n:sponsibl. fOfpayin'lhe: fees and e"pcns.."1 ofthe Rebate Anal)'St (C) The ACtDC)' may. if it so elects., issue one or more Series ofTuablt Bonds.. the inlcrcst on which is includible in the- ,eoss Income oflbe ffoldc:r thereof ~r federal income lualion rurpos<<. so long as each Bond of such $('ricsstOlles in &he body lhncofd\iJ1 inlerest pa)'mle thtreon Is subjecl to fcdelal income laxacion and providcdlhOlllhc issuance ltercofwm noIcause lIIe inlercst on .ny other Bonds theretofore issued hereunder ID beorbecome indudablc in Ihe,ross income of the: tlohkr lhcreoHor (ederallncomc: la, pulpOSC~. The cO\oen-.1nls set IOrth in subsections (A) cnd (0) of this Sedion 5,11 sh:lll not apply 10 any Tuable Bonds. SeCTION S.12. NODOre1C!:nlmenlor80nd," Dimod.ion ofUncbimM LI~v.ln lhe c\.cnl any Bond shall not b.: pre5C'llted ror pI)me81 Whell rhe- principallhcrcofb<<omes due. either IIlll3turily. orolhc,...bc. irfunds oumeicnllo pay any.ueII BoOO....1I N'" ..... made Iyailable 10 .ny Po)ing Agonl for lhe: ......fil oflhe lIolder thereof. ollliabilily of the Ao<no:y to the Holder thcrcorror lhe: pa)mentor .uch Bond .hall forlhwillt cnsc. dotennlno ond... eomp/<..,y disch.qcd. .nd Ihc,cupon it .hall ... lhe: duty of such 'ayi"ll A.ml to hold such runds. without li.bilily ror int<rest Ihe",on. for the ""ner. or the lIolder of .uch Bond. who ""'II lhe:...ner ... rcstrlelcd e~clusi\'dy to such IUtdt for an)' claim or....h..tc\.er nalute on the part orsuch Holder under Ibis Rosolution or on. or with ",,,,,,clio. such Bond. Any money'.. ckposil<d wilh and he:1d by'''' Payin, Alenl (orthe pa)ment of Bonds not SO claimed \\;Ihin sC:\.tn )~an .ner lheeble the p.3.)mtnl of such Bortck slull h3.\'c b<<ome dUf. w!lether al maturity or OIherwiw. shall be prcsum..-d .bandancd Ind.hall be relumod to the Agancy. Ind Ihc AS-Y .hall comply ",ith Ihc provi.ion. or Clupler 117. Florida SIOltuICf. Of Dny $U(CCS50r Ihcf'lXlr. in rC5p<<t orsuch monq.s. :u n" Bondhotderorany Series 200-1 Bond or Iny BenefICial Ovtntr ma)'eilhcr at law or in tquity. by suil. acrion. mancbmus or other pro<<edina in any court orcompckatjuriscliclion. pwlcd and C"fOKcllnyand all righlspankd or contained in this Scclion $.14 andfN)' enfolt"C any compel Ihe ...,rOllTlallC< 01011 dutio. required he:reby 10 ... ...rrormcd by Ihc Agency or by ony offKe" t~reor. NotwhhstandinllM rore.oins.1hecnCon:emcntorllteCO\'coonllConlcmpbted hcrtbyshJlI nol ..fr<<IIM validily or enron:c.1bilit)' orlhc S<ries 2004 bon<<h:. Not\\'ithstandin, any other pro'Jision orlhit Resolution. this Section 5.14 m.1y be lf1Kftdcd only as rano,,"s: (ta) Ihe 'Mendment mar only "made in conneclion with. clt.1nle in arCUm3itOUKcs lh:1tllrik.... from. chana:e in lc.aI requlremcnlJ. cbom,Ce in law, or clumgc in Ibc icknlily. I13lure or ,lal... orlhc Agancr or lhe: '>1>< ofbuti..., conducted by Ihe Agancy; (b) lhe: provi.ion. or Ihi. Seelion S.l4... gmended. would ha,', complied ..ith the: requirem<n" or Ilgio ISc2.12 or th, Securitic~ and Euh~&e Commission.s in effect as orthc &Ie ofissu.1ncc of the smcs 2004 Bonds. Inti" 1000in, iftto .ccounlany Imcndrncnu or intcrprc&atioas of the Rule. as wdlls any ehanga in dmonSlanees; and (.) the omcndm<.ldocs not maleri'Hy impair lhe: Internlorlhe:Serio... 2~ Bondholckn ondlor Bonellcial 0".." o. d<t<mincd byo.opinion ofBondC.......1 doli..rcd 10 lhe: Agency. or by Ipprovi"ll ,....ofthe: Iknef",bl Ow.." oflhc Seri.. 2~ Bonds ollhc Ii"", oflhe 8mt'ndmcnlln the c\'enl of..y arncnckMnl ht-rdo.1hc Innuol fimncial inlOnnation provkkd Jubscquenllo such amendment .lull C'Jopl.1in.. in Dilrnrivc f'orrn. the RUORJ for lhe amendmentlBel the impoct orth. ChanIC i.1hc Iyp< ofop<r.lli..lIala or n""nelallnrormalioo bclna provided by the AgenC)'. Iflhe: llllICndmcnlol1Ocl. the occoonti.. princlpl.. to II< follo"cd i. ,reparin. fi.ancial .....me... orthe Aacncy.!he oMu.1 nnl......1 infonnalion ror Ihc )..u in ..hich thechana<;, mod.: must prcstnl a comparison bclw.a lhe fin.1llCial .tJ.kmenb Of inf'orm.ation pl'cpued on the basis of the now oc",gntin. principles Ind!hose prepared on the ba.k oflhc: _ acc:....Ii.. principles. The comP30s0n mUll include. qualitative 4iscussion orlhedifkrcR<<s in the I(COUnlin, principles and lhe: Impact 0' the m..ga in lit. Ic<ountinJ principles on lhe: prescn"lion or the nnanclal inronn:ltion. in order 10 pro,"ide infonnation 10 (nvegan 10 fnablc them to cvatualc the ability .rthe Agency 10 m<<t I" obliplions. To the utenl _bly ....ibI.. the: compari"", should 01... be quanlilali,... A notie. of Ihc e...... in Ihc aceou.ti.. principles m...1 II< _I to ..eh NRMSIR Of the MSRB 0.-.1 lb. 'ppro",ute sm. ilony. lEnd or Article V] ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01. of Ocfaull hctttlnder. E:nn'~ofDrr:lIUlt The fonowins: e\'entsshall each constilulean E\'ent due. (A) Ddaultshoall be made in Ihe ~)111Cnr ohhc princip.d or or inlm:s1 on an)' Bond .. hen (B) Ther. .hall o<cur Ih. di.solution or liquid'lion of Ihc Agency. Of !he filin, by lhe: Aa.ncy or 0 vol.....ry pc\ilion in bankruptcy. or lho co.....i.sion by lit. A....y or uy act of b.1nkftlplC)'. Of udjudicotion orthe Aa<ncy.. bankrupt. Of I"lanmenl by the Aacncy for Ihc benefit or ill c..dilo... or lIpp<li.tm<n1 or. ree.;ver for lhe: Aa<ncy. or Ihc entry by the AJCney Inlo on J6 .1) Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Boynton and If It were not approved, the Board would be sending a message to the community that the CRA did not want redevelopment. Motion Vice Chair Tillman moved to approve the Ocean Breeze Direct Incentive Application and Agreement for Boynton Associates, Ltd, Including and up to the costs Incurred by the CRA for the demolition of the former Boynton Terrace Apartments. Mr. DeMarco seconded the motion. Attorney Spllllas stated the developer had presented a change In the definition of "developer" at the last minute and this had to be discussed. Attorney Splllias suggested the motion Include the approval was subject to any final definition approved by the attorney. Vice Chair Tillman and Mr. DeMarco agreed to Include Attorney Spllllas' statement In the motion. The motion passed 6-0. VII. NEW BUSINESS (heard out of order) A. Consideration of CRA Bond Issue #2 and Approval of Resolution 05-13 Robert Reardon, CRA Controller, introduced the Board's bond attorney, Mark Raymond, and Its financial advisor, Julie Turner. The Board was considering Resolution 05-13 representing a $12M bond Issue, a quarter of which was non-taxable and three-quarters of which was taxable, Mark Raymond, Moyle, Flanigan, Katz, Raymond s.. Sheehan, P.A., responded to Mr. Fenton's request to explain to the public why this bond Issue called for a preponderance of taxable bonds. Mr. Raymond explained that under Internal Revenue Code, the Indirect Federal subsidy available for tax exempt financing was limited to projects Congress considered to be for essential functions. More than half of the time, CRA projects did not meet the requirements for the subsidy. The only thing In the bond Issue that qualifies for the subsidized, non-taxable classification Is the acquisition of right-of-way improvements for public roads. It was poSSible there would be uses of the taxable bonds that could qualify for tax exemption, because they did not have to restrict the use of that money. On the tax-exempt portion, they would say, "This can only be used for things that I know satisfy the requirements for tax-exempt financing." On the other hand, for taxable, there was nothing that prohibits using that money for tax-exempt purposes, although It would not be the best way to borrow and they did not Intend for that to happen. If the cost of the road were to be more than expected, some of the taxable money could be used for It, for example. Under the Internal Revenue Code, no more than 10% of the proceeds of the taxes and bond Issue can be used for property that Is used In a private trade or business. They believe what the CRA Intends to finance with the bond proceeds Is the Heart of Boynton, the Workforce Development Plan, and this surpasses the 10% threshold. So, those bonds have to be Issued on a taxable basis. Mr, Fenton asked about the rating of the bond without the City's backing and Insurance. Could the CRA come to the market without the City? Ms. Turner responded they could possibly come to the market without the backing of the City, but they would pay much higher rates than they 5 ~3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 were currently paying, even on the taxable portion. It was more challenging to go to the market with a non-rated issue. Mr. Fenton asked why the big balloon at the end was about 50% when the first three years were very "skimpy" on the principal return. Ms. Turner responded the bond Issue was structured to provide overall level debt service, considering the CRA's outstanding debt - the 2004 bonds Issued and the outstanding parity note. This would provide the CRA with a level debt structure In the future of about $2.5M a year. Ms. Turner said since the yield curve was so flat currently, It was the perfect time to borrow long, If it were to benefit the CRA in the long term. Mr. Fenton asked what the debt ratio coverage was, and Ms. Turner responded, 1.53. Mr. Fenton asked what rating this would normally get. Ms. Turner responded If the City were not providing backing, It would probably be a lower Investment grade or possibly non-rated because tax Increment revenues are considered to be quite volatile. However, that was based on the prior year's revenues. The 2005 revenues were about $3.8M and the preliminary tax roll for 2006 was already $6.1M, so the CRA had quite a bit of coverage already with those preliminary numbers. Mr. Fenton asked what the undelWritlng fee was and Ms. Turner responded, 112 of 1 percent. Mr, Myott noted the designation of 4th Avenue on the design should be changed to 4th Street, and Planning & Zoning staff agreed. Mr. Myott believed the $750K was assisting the City with a larger project. Ms. Bright indicated the CRA had appropriated $225K in the 2004-05 budget year for the design and that would be coming before the Board at Its December 15, 2005 meeting. The City Manager asked the CRA to revisit the concept for the streetscape as well as the design/construction. The $750K would be for the actual construction in conjunction with the City's $1.2M. The CRA's part was $975K. Ms. Bright noted the design was put in the old bond and construction was put in this bond. Mr. Myott asked whether land assembly was CRA-wide, and Ms. Bright responded the $4M was targeted for Heart of Boynton land assembly, with $3,025,000 targeted for buy-down vouchers and the rest of the affordable program Initiatives, Mr. Myott asked if the CRA could use the money CRA-wlde If It so desired, and Ms. Bright responded that on advice of the bond attorney, they could do so. Motion Vice Chair Tillman moved to approve CRA Bond Issue #2 and Resolution 05-13. Mr. DeMarco seconded the motion that passed 5-1, Mr. Fenton dissenting. V. PUBLIC HEARING Old Business - None New Business: Attorney Spllllas asked the Board members If they had any ex parte communications with the developers before the Board at this meeting, Chair Heavllln and Vice Chair Tillman both noted they had some contact with the applicant for the Ocean Breeze project over a period of several months. Attorney Spllllas asked for and received confirmation they would make their decisions based on the information they heard at this meeting. 6 ~'t Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 200S Attorney Spillias noted this was a quasi-judicial board and the procedures were available to the public on a printed handout on a stand in the back of the room. He proceeded to swear In all persons who planned to speak during the Pub/Ie Hearing portion of the meeting. Annexation A. Annexation - Miller Road Pro1ect 1. Project: Agent: Owner: Location: Description: Palm Cove (ANEX OS-OS) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to annex a 4.456-acre portion of a 7.402- acre project Land Use Plan Amendment/Rezoning 2. Project: Agent: Owner: Location: Description: Palm Cove (LUAR OS-019) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial, Local Retail Commercial (City) and Medium Residential-S and Commercial Highj5 (County) to Special High Density Residential; and Request to rezone from C-3 Community Commercial, C-4 General Commercial (Oty) and RM Residential and CG General Commercial (County) to PUD Planned Unit Development Dick Hudson, Sr, Planner, reviewed the Palm Cove project, stating staff recommended approval of the requested annexation, land use amendment and rezoning for the following reasons: · The requested annexation is consistent with the Oty's annexation policy. · The property is contiguous to properties lying within the Oty of Boynton Beach and forms a reasonably compact addition to the City boundaries. · The future land use amendment Is consistent with the policies of the City's adopted Comprehensive Plan, particularly the portion of Policy 1.16,1 defining Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities. · The proposed redevelopment plan Is consistent with the vision and recommendations of the Federal Highway Corridor Community Redevelopment Plan. 7 ....., Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 . The requested land use amendment and rezoning meet the criteria for review, as required In the Land Development Regulations. Abandonment Description: Palm Cove (ABAN 05-008) Ruden Mcdosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to abandon the southwest corner of lot 6 of "Killian's Park;" thence east, along the north right-of-way line of Miller Road, a distance of 450 feet. 3. Project: Agent: Owner: location: New Site Plan Description: Palm Cove (NWSP 05-031) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request new site plan approval to construct 121 fee-simple townhouses, recreation amenities and related site Improvements on 7.402 acres In the Planned Unit Development (PUD) zoning district. 4. Project: Agent: Owner: location: Eric Johnson, Planner, presented an overview of the site plan and the abandonment request simultaneously. The project proposes 25 different buildings for a total of 121 dwelling units at a density of 16.34 du/acre. Town homes are permitted uses In the proposed zoning district. Staff reviewed the project for concurrency and found the Infrastructure and services are or will be In place prior to the Issuance of a building permit. The main point of Ingress and egress Is along Federal Highway. Along Dixie Highway there Is a point of egress only and It will be gated. The project requires 252 parking spaces and It provides 278 parking spaces. The west landscape buffer would be seven and a half feet and the south landscape buffer five feet, the north landscape buffer eight feet, and the eastern landscape buffer on Federal Highway twenty feet. Staff approves of the landscape plan. Approval of the site plan Is contingent on the approval of the accompanying request to abandon a portion of Miller Road. Staff determined the portion of the subject right-of-way to be abandoned does not serve a public purpose and approval was recommended. Condition of approval #3 requires the applicant to provide a turnaround area for the benefit of the houses on Miller Road. Mr. Johnson had verbal approval from Palm Beach County that this turnaround area would not be required. However, the condition of approval Is worded to say that If Palm Beach County determined Improvements were not required, no modification would be needed to the current configuration of Miller Road. Staff Is waiting for a written response from Palm 8 ~~ Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Beach County. All public agencies reviewed the abandonment request with no comment except that Florida Power & Light had approval with conditions. Staff recommended approval of the site plan, subject to the 50 conditions of approval. Staff also recommended approval of the abandonment request, subject to four conditions of approval. Vivian Brooks, CRA Planner, noted a recommendation was made to the applicant about creating a pedestrian environment consistent with the Federal Highway Plan and the Improvements were made on the frontage of the buildings along Old Dixie Highway and Federal Highway. The CRA found the request to be consistent with the goals and objectives of the Federal Highway Redevelopment Plan, Chair Heavllln asked the applicant whether the developer would agree to all the conditions of approval. Kim Glas-Castro of Ruden McClosky appeared on behalf of East Coast Communities and Indicated they agreed with all the conditions of approval. Mr. Myott asked staff If there were a plan for winding sidewalks or greenways along the wide rights-of-way. Mr. Hudson noted the extra wide right-of-way was a requirement of the City's Engineering Department. He did not know of any plans to do anything of that nature immediately. Mr. Myatt wanted to know If the sidewalk plan was tied to any other plan such as a master plan or a greenways plan. Mr. Hudson said the current pavement was far to the west side of the right-of-way and at some point, he believed the applicant wanted to relocate this closer to the center and widen it. It seemed to Mr. Myott that an opportunity was there for special landscaping, greenways, or meandering sidewalks. Ms. Castro summarized the various requests from the applicant and offered to answer questions. Eric Mills, Virtual Design Group, gave a PowerPolnt presentation of the site plan. Mr. Myott complimented the applicant on the elevations, which were the nicest he had seen to date. Chair Heavllln opened the floor for the public to speak on this Item, and closed It when no one wished to speak. Motion Mr. Barretta moved for approval of the annexation request for Palm Cove (ANEX 05-005). Mr. DeMarco seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the Comprehensive Plan change as requested for Palm Cove (LUAR 05-019). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) 9 ikS Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Motion Mr. Baretta moved approval of the Rezoning as requested for Palm Cove (LUAR 05-019). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the abandonment for Palm Cove (ABAN 05-008). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the site plan for Palm Cove (NWSP 05-031). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Vice Chair Tillman returned to the dais following these motions. B. Gulfstream Gardens Phase II Annexation 1. Project: Agent: Location: Gulfstream Gardens Phase II (ANEX 05-04) Bradley Miller, Miller land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to annex a 3.166-acre portion of a 5.47- acre project Owner: Description: Land Use Plan Amendment/Rezoning 2. Project: Agent: location: Gulfstream Gardens Phase II (LUAR 05-012) Bradley MlIIer, Miller land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., ParbbubbaI K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future land Use Map from General Commercial (GC), local Retail Commerclal (LRC) and Commercial High Intensity (CH) (Palm Beach County) to special High Density Residential (SHDR); and Owner: Description: Request to rezone from C-3 Community Commercial and (CG) Commercial General (Palm Beach County) to Planned Unit Development (PUD) 10 ire;.' Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Dick Hudson, Planner, stated staff recommended approval of the request for annexation and land use amendment change as requested. Gulfstream Gardens II was a follow-on project to Gulfstream Gardens I the Board heard a year ago. The project Is located just south of the Palm Cove project, which the Board approved at this meeting. The annexation request is consistent with the City's annexation policies; the property Is contiguous to properties lying within the City of Boynton Beach and forms a reasonable compact addition to the City boundaries. The future land use amendment is consistent with the policies in the City's adopted Comprehensive Plan, and particularly that portion of the land use element that defines Special High Density Residential and its uses relative to redevelopment planning and urban densities and housing opportunities. The plan for this property Is consistent with the vision and recommendations of the Federal Highway Corridor Community Redevelopment Plan and meets all of the criteria for review as required under the Land Development Regulations. Approval of the site plan would be required simultaneously with approval of the zoning and land use. New Site Plan Description: Gulfstream Gardens Phase II (NWSP 05-028) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request for new site plan approval to construct 110 townhouse units, recreation amenities and related site Improvements on a 5.47-acre parcel In the Planned Unit Development (PUD) zoning district. 3. Project: Agent: Owner: Location: Eric Johnson, Planner, reviewed the site plan request. The maximum density allowed by the Special High Density Residential land use is 20 du/acre, which would allow for 109 units In this project. The site proposes 110 town house units, which exceeds the project's maximum allowable density. If Gulfstream Gardens Phase I and Phase II were combined under a Unity of Title, this objection would go away. Gulfstream Gardens Phase I was approved with one unit short of what It could have. Staff reviewed the project In terms of concurrency and determined any Infrastructure or services that are not In place as of today would be In place prior to the Issuance of any building permits, In Phase II the site plan proposes an alternate point of emergency Ingress and egress with a driveway opening meant for the use of emergency vehicles only. Based on the number of units In the development, the overall design, and for safety purposes, staff recommended finishing the driveway for fulllngress/egress for use of the residents. 11 ~s Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 The project is over parked by 26 spaces. More than one half an acre of the subject property would have a "green area" designation. The buildings would be set back at least 16.4 feet from the east (front) property line along Federal Highway, The site plan proposes ten 3-story buildings throughout the development. Staff reviewed the site plan and recommended approval contingent upon meeting the 33 conditions of approval. Mr. Johnson asked condition of approval #20 be modified and replaced with the following language: The Special High Density Residential Land Use classification allows for up to 20 dujacre. Based on the projed acreage, the site plan would be limited to a total of 109 dwe/ling units, At the time of permitting, eliminate one dwelling unit and submit a rectified site plan so there are no more than 109 dwe/ling units; or, a redified master plan showing Phase 1 and Phase 2 combined with no more than 308 dwelling units, That Unity of Title Master Plan would insure the projed density would meet the requirements of Special High Density land use classification, Vivian Brooks, CRA Planner, met with the applicant and expressed a concern about the lack of a sidewalk in the City's easement from the individual units. She had requested this to create the pedestrian environment on Old Dixie Highway, but the applicant did not comply with her request. It created more of a gated community feel on Old Dixie, which is not consistent with a number of other developments approved by this Board In the recent past. She requested the applicant comply with that request to be consistent with other developments with Old Dixie frontage. This would be Condition of Approval #34, if the Board chose to add it. Mr, DeMarco asked for the timetable for Phase I and Phase II of the project, Staff commented the timetable for Phase 1 had been approved previously. He deferred to the applicant for more details on the timetable. The Board did not have any further questions. Bradley Miller, Miller Land Planning Consultants, Inc., appeared as representative for the owners of the project. Mr. Miller stated the applicants were In agreement with a majority of the Conditions of Approval. They agreed with Mr. Johnson's restatement of condition #20. They wanted to discuss condition #33. In regard to the sidewalk issue raised by Ms. Brooks, there are sidewalks that lead out to the Federal Highway side. On the Dixie Highway side there was going to be additional landscaping. This was a continuation of the already-approved Phase I project. The applicant proposed an emergency exit location at the northwest corner of the project. They had primary access points on Federal Highway, as part of Phase I, that led directly in to the clubhouse that will serve the whole community. There was also an access point on Dixie Highway. The applicant felt a third access point was not a requirement due to traffic conditions from the County or the City. They felt having it would breach some of the privacy they wanted to create with the community. The applicant felt the number and location of driveway Ingress and egress points was sufficient and requested that condition #33 be stricken. 12 ~s Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Mr. Barretta Inquired why the applicant objected to Ms. Brooks' recommendation for sidewalks. Mr. Miller responded they were trying to continue the same theme as Phase I. They were providing sidewalks on the Federal Highway side, but wanted to create privacy for the residents on the Old Dixie Highway side. Chair Heavllln noted a sidewalk on the Old Dixie Highway side was shown on the site plan for Phase I. Mr. Myatt responded It was the connections from the sidewalk to the front doors of the units. The ones on the Federal Highway side were very short but on Old Dixie Highway, because of the right-of-way, they would be quite long. He thought there could be some kind of "faux" design where the fences changed to mimic what was happening on the Federal Highway side - by changing the post pattern possibly. Ms. Brooks agreed with City staff's comments about a third point of Ingress/egress for the convenience of certain residents who would, otherwise, have to drive for quite a distance before they could exit the community. Mr. Myatt suggested tying the third emergency access road to the trash compactor site, which was oddly situated In the present design. Mr. Miller thought this was a possibility and agreed to continue to work with staff on this. Michael Rumpf, Planning & Zoning Director, stated the City was seeing more projects approved, even small ones, with two or more entrances. There was greater acceptance of a denser environment, but the need for more points of Ingress/egress would continue. Chair Heavllin opened the floor to the public and closed it when no one wished to speak. Motion Mr. Barretta moved to approve the annexation request for Gulfstream Gardens Phase II (ANEX 05-004). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the Land Use Plan Amendment/Rezoning request for Gulfstream Gardens Phase II (LUAR 05-012), Mr. Myatt seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the Rezoning request for Gulfstream Gardens Phase II (LUAR 05-012). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the site plan for Gulfstream Gardens Phase II (NWSP 05-028), subject to the 33 conditions of approval and the one condition of CRA staff. Vice Chair Tillman seconded the motion that passed 6-0. Mr. Miller asked If the motion had Included the modification to condition of approval #20, and Mr, Barretta said that was the condition of record. 13 ~ In September 1996, the City of Boynton Beach conducted a citywide visioning session. More than 100 community representatives participated in the American Ass'embly Process, which resulted in a policy statement that addressed seven key issues of concern. Among these were commercial revitalization and economic development. The City utilized , this policy statement to commence t~e process of specific planning efforts for the redevelopment of downtown and the marina areas, as well as for major roadway corridors. These efforts resulted in the Boynton Beach 20120 Redevelopment Master Plan (20/20 Plan) that was completed in September 1998. The 20120 Plan addressed ~he seven key issues identified during the American Assembly Process and restated them in terms of specific goals , ' and objectives. A number of these goals and objectives will be addressed in part or in whole through the preparation of the Federal Highway Corridor Community Redevelopment Plan. Generally, these focus on uses and needed development standards within the Federal Highway Corridor, and are summarized as follows: Goal 2: Conunercial Revitalization Objective 2.1 - Expand the CRA boundary to increase financial resources during j:K redevelopment plan implementation. Objective 2.4 - Prepare overall design standards for the entire length of Federal Highway within the 'City. Goal 3: Downtown Redevelopment Objective 3.1 - Create specific areas in the downtown that are pedestrian and bicycle friendly, and where mixed uses and infill development are encouraged, Objective 3.2 - Prepare conceptual area plans and design criteria for the cultural center/marina area district that addresses such issues as mix'ed uses, signage and landscaping. 3 "I, . , ...1 " Through the documented conditions of slum and blight contained in the 20120 Plan, the CRA board evidenced the need to expand the CRA to include those portions' of the Federal Highway Corridor to both the north and south City limits. consistent with Objective *' 2.1 of the 20/20 Plan. These are referred to as the North Subarea and the South Subarea. ,.~ While the boundaries were expanded, the redevelopment plan text was not updated to include .~ ." this additional land area. This plan, therefore. will serve two purposes. First. it is a -.: redevelopment plan for the Federal Highway Corridor that focuses on uses and development standards along Federal Highway, Second, it is of sufficient scope an~ format to meet the "1 .-t requirements of Chapter 163.362 to allow for the Community Redevelopment Plan text update for the expanded CRA area. The boundaries of this expanded area. on which this redevelopment plan is focused, 'fr , are the city limits on the north, the ICW on the east, the municipal boundary on the south, and ~ ! . ! the Florida East Coast Railroad and Palm Boulevard on the west. The entire Federal Highway Corridor area now contains approximately 1.094,98 acres. The legal description for the North and South Subareas is contained in the Appendix. Exhibit 1.1, which is contained on page 6, depicts the bouhdaries of the Federal Highway Corridor, including the North and South Subareas of the eRA that were added. The boundaries of the expanded Community Redevelopment Area were drawn to take into account the need for physical redevelopment as well as the need to protect neighborhood areas from the presence of blighting influences. Properties located within the redevelopment area that are not presently in need of redevelopment assistance, are threatened by the nearby presence of blighting conditions and, therefore. are included to preserve their long term 4 \ federal tUghway corridor Rede"e\optrlent studY BoundarY of corridor studY j.\.rea ._ .. ";:. .~_--=3:"'f:i,". ;:::.::' ., - - -" 0'.- _-.---- ., >- -;_.~ -I- ';i i -.----.- .- \.. -- - .. - .,. \. \., i I ~. -'"'- . ~ ...~t .~~ '\ ::::::-;:::::::::: \-::::::::-:.~. 05 0 0.5 .~.5 ] . ~~--- =------- -- ~-- --- ~ oate: March 30. 200'\ Mi\e5 N.. Ci~ eoundar{ ':::J water .' # .' Rai\roadS I Roads I8J eorndor StudY Mea ~.. -..- --' ~'1 FEDERAL ffiGHW A Y CORRIDOR COMMUNITY REDEVELOPMENT PLAN UPDATE Prepared for: The City of Boynton Beach Community Redevelopment Agency June 1, 2006 .'1 7--\~\ I ; \ - i L-- I \\ , \ \ ?"\ -, '\,- ) \ _ -' G,,\tstJea'" Gafdel\S ~J L- 1.lOOf~ - 1S I U ., \ . ORDINANCE NO. 001- ~O AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE FEDERAL mGHW AY CORRIDOR COMMUNITY REDEVELOPMENT PLAN; PROVIDING FOR CONFLICTS, SEVERAB~ITY, AND AN EFFECTIVE DATE. WHEREAS, the Federal Highway Corridor Redevelopment Plan constitutes a partial update ofthe existing 1983 CRA Redevelopment Plan; and WHEREAS, the Plan reviews land uses and development standards for the U.S. 1 corridor and is intended to: (1) guide public and private investment within the corridor and in adjacent neighborhoods, (2) ensure that future development is aimed at improving the business potential within the corridor, and (3) ensure that future development in the corridor is consistent with the intent of the "Vision 20/20 Redevelopment Plan" while meeting the needs of the community; and WHEREAS, this Plan conforms to the provisions of Chapter 163.362 of the Florida Statues regarding Community Redevelopment Plans and establishes the basis for Comprehensive Plan amendments, Code revisions and rezonings in the Federal Highway Corridor; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby adopts the Federal Highway Corridor Community Redevelopment Plan, prepared by Michele Mellgren & Associates, Inc., dated April 3, 2001. Section 2. That the Federal Highway Corridor Community Redevelopment \\CH\MAIN\SHRDA TA\CA\ORD\Federal Highway Plan Ord.docO-40601 ."to:. I ..- \ . , , . , w ( .~ Plan constitutes a partial update of the existing 1983 CRA Redevelopment Plan. Section 3. All laws and ordinances in conflict with any pr(:>visions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. This Ordinance shall become effective immediately upon passage. FIRST READING this n day of April, 2001. SECOND, FINAL REAl)ING AND PASSAGE this I!) day of May, 2001. iBACH, FLORIDA 1\ -~S- Commissioner " \ \ I \ I I Commissioner ATTEST: Cler~\\\\"'''''1/111. . #-~ ~OH I'lq~ ~ Lltt.~ ........ ~ ~ v ~('\ .... /J. ~ ~~ ~v O\<2.~ SH- ~ t'1 ,a:.:: =z ~o= - "-" !II.I- \\C -: ATA ~lHighwayPlanOrd.docO-40601 ~~ ~ ;:: ~ <<.......... ~ ~" 0 ~J.'O ~~ 1'111I1II""\\\\\\~ .-=--' . .:: \\( k,:-:: . (~~."a~: '/:;:'\'~< ' ~~~r;~; ~~] ~q~NT8~(~1:'~c'-'\~ ~(-,-..::"" ;<'; ._~., ,.".,- - .\ f.~Vf . ~,~ ~- . ;- . - . i}:: ;\~'~T: A .- \!~,;.;. -;;. \"...., . -'"\J'" . '".. r ' ~. . r_,tr't"i".t 1" ~.:,.. ,'.' -"'0;)',4 ~.; \ /~ ~~i .:;/( East SideNWest Side....Seaside Rena'lssance -trq r January 9, 2007 James Chernoff City Attorney City of Boynton Beach P. 0, Box 310 Boynton Beach, FL 33425-0310 VIA INTEROFFICE MAIL Re: Amendment to CRA Boundaries Dear Jim, We were recen~ly informed by the Property Appraisers office that several development projects which were annexed into the south end ofthe City have not been included in the Community Redevelopment Area. Specifically these projects are: Bayfront -,. . Palm Cove Gulfstream Gardens Tuscan Villas Boynton Bagels ANNEX 04-001 ANNEX 05-005 ANNEX 05-004 ANNEX 06-002 ANNEX 06-007 For your convenience in preparing the City agenda item amending the CRA boundaries, I am attaching copies of the surveys for the above-reference developments and a map depicting the City and eRA boundaries. Please call me if you have any questions or comments regarding this issue. .J Sincerely, v{)cfl~ Vivian L. Brooks CRA PlanniIig Director cc: Lisa A. Bright, Executive Director, CRA Mike Rumpf, Plamling Director, City of Boynton Beach 915 South Federal Highway, Boynton Beach. FL 33435, (0) 561. 737. 3256, (F) 561-737-3258 Meeting Minutes Regular City Commission Boynton Beach, FL .... '0 December 18, 2007 X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School - January, 2008 B, Discussion on timing of elections - January, 2008 C, Discussion of funding electronic agenda software D, Discussion on cancelling second meeting In November XI. NEW BUSINESS: A. Discuss request by developer for annexation of balance of Gulfstream Gardens parcel Into the CRA. (Postponed to December 18, 2007)(PropDSSd ResolutlDn No. R07-152) Motion Commissioner Ross moved to remove Item XI.A. from the table. CommissIoner Hay seconded the motion. The motion passed unanimously, Ms. Alexander read Proposed Resolution No. R07-152 by title only. Mr. Bressner explained the property was proposed f.or development through the eRA and the underl~lng zoning was approved as Special High Density, Subsequently It was determined the property was not annexed Into the eRA area. Mr, Bressner was concerned with the resulting , revenue stream and had referred the matter to the Legal Department. An ~greement was. . reached to allow the high density land use without the property being annexed Into the CSA .: area, The developer would have the same privileges as If It were within the CRA area and not reque~t annexation Into the CRA district, . Michael Weiner, representing Gulfstream Gardens, Indicated the owners had spent millions and pulled permits believing the high density was allowed. The agreement would uphold the high density zoning designation whether the property Is subsequently annexed Into the CRA district or not. Discussion ensued on the tax Increment ramifications and possible revenue stream distribution, Mayor Taylor stressed the proposed resolution only addressed acceptance of the settlement agreement and did not resolve the Issue of annexation. Herb Suss, 1711 Woodfern Drive, suggested the matter be tabled until the City Attorney, Jim Cherof, who had negotiated the settlement agreement, was present to better explain the consequences of the proposal, Vice Mayor Rodriguez and Commissioner Weiland advised they had Individually discussed the Issue with the City Attorney and were assured the agreement was appropriate, 18 I . .'0 XI. - NEW BUSINESS ITEMA. UPDATED AGREEMENT ,. SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT is entered into this 18th day of December, 2007 between the City of Boynton Beach, Florida (hereinafter "City") and Gulfstream Gardens II, LLC and GulfstTeam Gardens, LLC, (hereinafter collectively "GulfstTeam" or "Applicant"). WHEREAS, the City has heretofore issued a development order as described further' below (i) annexing certain property (the "Annexed I Property") owned by GulfstTcain into the City; (il) establishing a Future Land Use Designation for this Annexed Pr9perty and additional property which was already within the jurisdictional boundaiies of the City of Boynton Beach and also owned by Gu1fstT~am (the "Additional Property"); (iii) establishing zoning for the Annexed Property ano':t'dditional Property; and (iv) approving a site plan for the Annexed Property and Addi~onal Property, WHEREAS, the Annexed Property and Additional ~roperty is sometimes referred to collectively as the "Property" and is described in Exhibit "A." WHEREAS, GulfstTeam, following reconunendations from City Staff, the . . Community Redevelopment Agency and the Planning and Development Bo~d optained City Commission approval of (i) a land use designation o~. Special High Density Residential ("SHDR"); (ii) zoning of Planned Unit Development ("PUD"); and (Hi) a site plan, resulting in the issuance of development order amoIlg other things, for the Property; ~REAS, at the time of such approvals it was assumed that all of the Property was, or was soon to be, within the boundaries of the Boynton Beach Community 'j:..... Redevelopment Agency; and S:\CA\AOMTS\SBTrLEMBNT AORBBMBNT OULFSTREAM OAR))EN (i) (3).doc . . ~ \'0 p WHEREAS, the Annexed Property described in Exhibit "B" attached hereto and made a part hereof is not within the boundaries of the Boynton Beach Community J Re4evelopment Agency; and WHEREAS, Oulfstream detrimentally relied on a factual determination by the City's Development Department, which assumed that all of the Property would subsequently be incorporated into the Boynton Beach Community Redevelopment area; and WHEREAS, Gulfstream has substantially changed its position and incurred extensive exp~~~e base(f.~n -the information provided by the City's Development , '\" \. ! Department anCi a~' a result ~f the results at the aforementioned meetings; and WHEREAS, tp'-e City' and Gulfsteam following negotiations have reached a settlement which would r~olve any potential dispute regarding the boundaries. NOW, THEREFORE, the parties agree as follows: 1. The Applicant acknowledges that the Annexed Property described m Exhibit "B" is _ not within the boundaries of the Boynton Beach Community Redevelopment Agency, notwithstanding the land use of SHDR and the zoning approval of PUD, granted by the City, which land use and zoning are otherwise reserved for properties wholly within the Boynton Beach Community Development Agency boundaries. ~".! 2. The App1i~ant agrees not to seek or support inclusion of the Annexed Property described in Exhibit "B" to be within the Boynton Beach '.' Community Redevelopment Agency boundaries by administrative, '--~- . -.,;;. ':.".:"j .;.~. -": -" " i. l~ '; ~--_" .' . judicial action or otherwise. \ ' . .-. ,'.,. . .' '.;- : ) " ."' ~ ::~- S:\CA\AOMTS\SETIlEMENT AORB~ OULFSTRBAM GARD~N (3) (3).doc -2- " \ ~.. ~~ ~Ito '"_.I 3,'!'p,e Oity3:9}{.t19wle4ges th,at the Applicant h~s 4etrillleIltally r~lied on an ~*9rorfact1p.~tie l>Y th,e Ojtyfllldp,~~ relj~ iIlgo9d f~th on the City's , ...................... ... .................. ......... .. ..... .. ... ........... .. .. ... ... ..... . ...... ... ~~ij9IlS~<i#t4qi]lg ~o .!t~ sul>stantiall)'~l1AAged itspo$itionAAd inclirre4 . - -. ' '. . - ' - . . . .......................................................................... ~~t~~iv~~j(pe~~, t!t~GiW.1:\.1rt!t~ra91<no\Vl~4g~s t1l.at it is eq~it3:ble ~t()J?ped fr()Ip. " .' . , ' -' - . - ., . te$ci1l4i*~i.~ ill11qM$~ofSFIJ:)}~,,:z;onin,gaPpr()valofPUl)~i1l(Ul1esiteplllIl f9r. the Jli9P~ttYAAd the City will n()tirlitiate or support any c;hal1~nge to . . t4o.~~3:ppt9y3:1~~ 5, 'I'his$~ttIellleIltshallbe recor4ed by the City in thepubljc records of Paltn . :B~a,ch CoUllty,Florida. IN. WIl'~~S ~ltE.OF" the City. and Gulfstream have duly executed this Settlemellt Agreement as of the qates shown below, CITY OF BOYNTON BEACH, FLORIDA Attest: By: Kurt Bressner City Manager By: Janet M.Prainito, eMS City 91erk . Approved a$ to fOrm: :BY: .....i J. am. .es Cherof CityJ\ttomey S:\CA\AGMTS\SE'ITLEMENT AGRlffiMENT GULFSTREAM GARDEN (3) (3).doc . ~ \1) · ,. f!'- GULF.sT~.Al\1 GARDENS, LLC Attest: PiffifNaIhe ...., 13Y: ........... .........i..'..... ........ Its: ..~~ M~~~ip-~ :JI4~robefs Gulfstrearp. (3-aI'4~ns, LLC Jifijit Nan'ic Sl'Al'EOF 'FLQRi))A. CQUNTYPfJ:lAtij JlF.AGH J'he foregoing instnu11,ent was acknowledged before me this . .. . day of ........ ... .. ................. .. ,2007, by . ...... ....... .... ..... ... ...... .... as Managing Member of Gulfstream Gardens, LLC, a Florida limited liability company, on behalf of the ..' Signature of NotarY Public-:-State of Florida . Print,. Type, or Stamp Commissioned Name of NotarY Public My Commission Expires: Personally KnOwD._ OR Produced Identificatioll Type of Identific~tion Produced GPLFSTREAM GARDENS II, LLC Att€?st: piiilt Name :!3Y; ... . ...... ..... Jt$:*~ M~~~gMei1ibeis Gu1fstrefu:pG*4~n~1I, kLC PrintN~e S:\CA\A.GMTSISBTILEMENT AGREEMENT GULFSTREAM GARDEN (3) (3).doc -4 - J~1 f" ''':.-. $\.0 ~t~~~tfa~~ACJi 'the J()f~gqmgins~en.t'wasaclq1owl~dg~beforernetl1is ci~y ()f >-> ....................... ' ~061~b}' ..... ...... .................... ........ ............ ........................................asMantl~g MeIilbefQf G'ri1fstr~liI11Gard~lls II, I,.LC. ..~ Florid~ Urillt~d liabilitycpropan"y, ()ll b~haJfof 5. . . Sigp~tUie. ()fN()tary ~IJbli6:$tllHr()IFloiida Pririt, Typ.e, 'or StapipColfuTIissi()ned l'<laine ofN:otary Public' - MyColPlllission Expires: P~rsQnally Known ~ OR Produced Identification Type of Identification Produced ,.: :,< S:\CA\AGMTSISBITLEMBNT AGREEMENT OULFSTREAM GARDEN (3) (3).doc -5- ..$="" Zltcer, Phyllis From: Sent: To: Subject: Bright, Lisa Monday, December 31, 2007 4:39 PM Taylor, Jerry Fw: City Commission Mtg 12/18/07 - Agenda Item: Gulfstream Gardens I do not really understand what transpired on 12/18 or have any knowledge about the Industrial comment? Lisa Sent from my BlackBerry Wireless Handheld (www.BlackBerry.net) -----Original Message----- From: Bright, Lisa To: Bressner, Kurt CC: 'Jcherof@cityatty.com' <Jcherof@cityatty.com>; 'DDoody@cityatty.com' <DDoody@cityatty,com>; 'EBAtwood@Comcast.net' <EBAtwood@Comcast,net>i Greene, Quintus Sent: Mon Dec 31 13:24:25 2007 Subject: Re: City Commission Mtg 12/18/07 - Agenda Item: Gulfstream Gardens Hi Kurt, I was only asked to calculate the portion of monies that the County would no longer be obligated to pay idf this project is exempted from the CRA. Thus the 160K. I have not spoken to Michael Weiner about this matter in 9 months and do not know the actual delivery date of the project; maybe Michael can shed light on it. The board members reported that they had to vote on the agreement not the exemption to the CRA.. I believe they might think it is coming up again at City Commission? As far as Industrial--I have never heard this before now so could not comment. Be well and be safe. Lisa Sent from my BlackBerry Wireless Handheld (www.BlackBerry.net) -----Original Message----- From: Bressner, Kurt To: Bright, Lisa CC: 'Jim Cherof' <jcherof@cityatty.com>: 'DJ Doody' <DDoody@cityatty.com>: 'Barry Atwood' <EBAtwood@Comcast,net>: Greene, Quintus Sent: Mon Dee 31 11:21:56 2007 Subject: RE: City Commission Mtg 12/18/07 - Agenda Item: Gulfstream Gardens Lisa, Per my earlier e-mail over the weekend, here is the spreadsheet that Bill Mummert prepared last summer. The projected revenue loss to the City is $281,970 beginning in 2010-11, When Bill did the spreadsheet, he already included the current millage rate of 6.4553\ so I believe this to be accurate. I am confused by the request as the City Commission adopted the agreement with the developer that allows the development to go forward without annexation into the CRA, This was approved at the City Commission meeting of 12/18/07. 1 .1' Are we going to review this matter again? Also, are we going to discuss disconnecting the Industrial Drive area (west of I-95) from the CRA? Thanks, Kurt Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public records available to the public and media upon request, Your e-mail communications may therefore be subject to public disclosure, From: Bright, Lisa Sent: Saturday, December 29, 2007 3:05 PM To: Hay, Woodrow; Rodriguez, Jose; Ross, Marlene; Taylor, Jerry; Weiland, Ronald Cc: Bressner, Kurt; 'Jim Cherof'; 'DJ Doody' Subject: City Commission Mtg 12/18/07 - Agenda Item: Gulfstream Gardens Importance: High Dear CRA Board, Several of you requested CRA staff calculate the TIF throw-off from the aforementioned project. CRA staff has not spoken to the developer or the developer's rep for more than nine months when the original request came to the CRA to correct the boundaries for this project. Therefore, the TIF calculation is based on the original site plan. 1.) Project TIF Revenue: 861,973 City TIF Contribution: .0064553 x 95\ = 543,579 County TIF Contribution: .0037811 x 95\ = 318,393 Exclusion from the CRA will result in an approximate loss of revenue of $160,000 per year to the City. 2,) At the City and county's current absorption rate for units, it is difficult to predict when this project might be completed, but 2012 is a guesstimate. 2 $\~ Minutes Regular City Commission Boynton Beach, FL January 15, 2008 (This Item was previously added to the agenda and discussed prIor to the Closed Door Session.) Commissioner Weiland recalled at the second meeting In December, 2007, a discussion on the annexation had been postponed until Attorney Cherof could be present. The benefit to the City of Boynton Beach would be the additional revenue stream from the ad valorem taxes, If the entire parcel was annexed into the CRA area, additional Tax Increment Financing (llF) funding would be available, Although Commissioner Weiland realized tax cuts were a possibility, annexing the property Into the CRA would gamer an additional $160,000 a year from the County above and beyond the ad valorem tax, If it was not annexed Into the CRA, It would limit the leverage for bond monIes and decrease the funds available for the CRA to fight slum and blight. As a matter of principal the property falls within the CRA guidelines and Commissioner Weiland felt It was prudent to keep Gulfstream Gardens within th~ CRA. Mayor Taylor concurred with Commissioner Weiland's remarks, Commissioner Hay noted If the CRA benefits, the City would also benefit. He also agreed with the annexation Into the CRA. Attorney Cherof explained the property had already been annexed Into the City and the land use designation ,was changed, It had been anticipated the property would be within the CRA boundaries; however, the Commission did. not adopt an ordinance amending the CRA boundaries. The property owner's concerns brought the matter before the Commission In December based on the land use designation being Inconsistent with properties not In the eRA. The agreement that was approved In December acknowledged there were Issues of equitable estoppel and the City would honor the land use designation and zoning for the property even though It was not In the CRA, Commissioner Weiland understood the Commission could not grant the special high density designation, It was reserved for the CRA. Also, unless the property was annexed into the CRA, special incentives could not be offered to the developer, Attorney Cherof agreed with the comments relating to Incentives. The agreement entered Into previously was legal. The CRA cannot establish a land use designation or zoning change, Only the City ComlJ1lsslon has that authority. The high density Issue is unique to the CRA area. The developer had spent a great deal of money and effort based on the concept that they were going to be in the CRA district. The agreement avoided any litigation on the Issue. Commissioner Ross understood It would be questionable, If the property was not annexed Into the CRA, by the legislature and County, Mr, Bressner pointed out the developer was building mar~et rate housing and would not be seeking any incentives. The estoppel agreement was a vehicle by which the high density could be accomplished, If the property were annexed Into the eRA the City would lose approximately $225,000 a year In tax revenue from the development. Mr, Bressner's concern was fu~~~ revenue stream for the City that was In jeopardy, while the revenue stream for the C~ remained healthy, Mr, Bressner had removed the dlstusslon from the agenda feeling the issue was moot. 12