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Agenda 10-14-08 1IJ~~~Y~Te~ eRA iIi East Side~ West Slde~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, October 14,20086:30 PM 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 - September 2,2008 B. Approval of the Financial Report Period-Ended September 30,2008 C. Approval of Commercial Fa9ade Grant to Monnin Properties in the amount of$15,000 with an Exception to Program Guidelines D. Wavier of First Right of Refusal - Sasha Lagano - HAP Program VII. Information Only A. CRA Policing Activity Report for the Month of August, 2008 and District Statistics for the Months of August and September, 2008 B. Boynton Beach CRA and Trolley Website Updates C. INCA Newsletter D. Minutes of the Boynton Beach Arts Commission Meeting on August 26, 2008 E. Update on Boynton Beach Faith-Based CDC Development of3 Homes on Seacrest. F. Marina Operations G. Reimbursement from Fireworks by Grucci H. CRA Vendor List VIII. Pulled Consent Agenda Items: IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Public Hearing: Old Business: New Business: XI. Old Business: A. Recommendation to City Commission - Conceptual Approval of Seacrest Blvd. Redesign B. Consideration of Approval of Second Amendment to Work Order No. 1 with Kimley-Hom for Seacrest Blvd. Redesign in the amount of$51,600 C. Consideration of Approval of Work Order No. 08-0171 with MSCW, Inc. to Prepare the Request for Proposal to Solicit Construction Bids from Contractors for the Slip Renovation Project D. Consideration of Approval of Addendum to Work Order No. 07-0124 with MSCW, Inc. to Provide Construction Administration Services Relating to the Slip Renovation Project at the CRA's Boynton Harbor Marina E. Consideration of Options on Contract with American Realty - Ocean Breeze F. Update on SE Federal Hwy. Corridor Water Main, Storm Water & Roadway Improvement Project (4th Street Utility Project) G. Consideration of Proceeding with Sale of Liquor License Owned by the CRA H. Consideration of Approval of Master Development Agreement between the CRA and the Auburn Group for the MLK Corridor XII. New Business: XIII. XIV. XV. XVI. XVII. XVIII. A. Consideration of Transferring CRA Owned Property to City B. Consideration of Adopting Economic Development Plan for CRA/City C. Consideration of Recommending to City Commission to Allocate Funds to the MLK Corridor and Ocean Breeze Projects D. Consideration of Approval to Offer a Marine Fuel Discount Rate to Commercial Tenants, Neighboring Vessels Occupying Slips and Police Marine Units E. Executive Director Performance Appraisal Future Agenda Items Comments by Staff Comments by Executive Director Comments by CRA Board Attorney Comments by CRA Board Adjournment 1I1~~~Y~T8~ eRA _ East Side~West Slde~Seaside Rem;,ssance If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CRA Board Meeting Tuesday, October 14,20086:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beacb, 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 - September 2, 2008 B. Approval of the Financial Report Period-Ended September 30,2008 C. Approval of Commercial Fa~ade Grant to Monnin Properties in the amount of $15,000 with an Exception to Program Guidelines D. Wavier of First Right of Refusal- Sasha Lagano - HAP Program VII. Information Only A. CRA Policing Activity Report for the Month of August, 2008 and District Statistics for the Months of August and September, 2008 B. Boynton Beach CRA and Trolley Website Updates C. INCA Newsletter D. Minutes of the Boynton Beach Arts Commission Meeting on August 26, 2008 E. Update on Boynton Beach Faith-Based CDC Development of 3 Homes on Seacrest. F. Marina Operations G. Reimbursement from Fireworks by Grucci H. CRA Vendor List VIII. Pulled Consent Agenda Items: IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Public Hearing: Old Business: New Business: XI. Old Business: A. Recommendation to City Commission - Conceptual Approval of Seacrest Blvd. Redesign B. Consideration of Approval of Second Amendment to Work Order No.1 with Kimley-Hom for Seacrest Blvd. Redesign in the amount of$51,600 1 ."' C. Consideration of Approval of Work Order No. 08-0171 with MSCW, Inc. to Prepare the Request for Proposal to Solicit Construction Bids from Contractors for the Slip Renovation Project D. Consideration of Approval of Addendum to Work Order No. 07-0124 with MSCW, Inc. to Provide Construction Administration Services Relating to the Slip Renovation Project at the eRA's Boynton Harbor Marina E. Consideration of Options on eontract with American Realty - Ocean Breeze F. Update on SE Federal Hwy. Corridor Water Main, Storm Water & Roadway Improvement Project (4th Street Utility Project) G. Consideration of Proceeding with Sale of Liquor License Owned by the CRA H. eonsideration of Approval of Master Development Agreement between the eRA and the Auburn Group for the MLK eorridor XII. New Business: A. Consideration of Transferring CRA Owned Property to City B. eonsideration of Adopting Economic Development Plan for CRAleity c. Consideration of Recommending to City Commission to Allocate Funds to the MLK Corridor and Ocean Breeze Projects D. Consideration of Approval to Offer a Marine Fuel Discount Rate to Commercial Tenants, Neighboring Vessels Occupying Slips and Police Marine Units E. Executive Director Perfom'1ari.ceIAppraisal 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 VI. CONSENT AGENDA: A. Approval of Minutes CRA Board Meeting September 2, 2008 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD ON TUESDAY, SEPTEMBER 2, 2008, AT 8:15 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Lisa Bright, Executive Director Jose Rodriguez, Vice Chair James Cherof, Board Attorney Woodrow Hay Marlene Ross Ron Weiland I. Call to Order Chair Taylor called the meeting to order at 8: 18 p. m. II. Pledge to the Flag and Invocation Mr. Hay offered the invocation followed by the Pledge of Allegiance to the Flag. III. Roll Call The Deputy City Clerk called the roll and all members were present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda None B. Adoption of Agenda Motion Mr. Hay moved to adopt the agenda as presented. Mr. Weiland seconded the motion. The motion passed unanimously. V. Announcements & Awards: Chair Taylor announced the November meeting would be held on Thursday, November 6, 2008, at 6:30 p.m. The second Tuesday in November is Veteran's Day, a holiday. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting - August 12, 2008 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2,2008 Ms. Ross pulled Item VLA. for a correction. 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 Mr. Hay pulled Item VLD. for a comment. Vice Chair Rodriguez also requested this item be pulled. E. Approval of the Boynton Harbor Marina Dockage Agreement for FY 2008-2009 Vice Chair Rodriguez pulled Item VI.E. for discussion. F. Approval of Funding up to $1,500 from the Community Meeting Grant Program to Inlet Cove Association (INCA) Motion Mr. Hay moved to approve the Consent Agenda items with the exception of those pulled. Ms. Ross seconded the motion. The motion passed unanimously. 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 (No questions or comments were offered) B. Boynton Beach CRA and Trolley Website Updates (No questions or comments were offered) C. INCA Newsletter (No questions or comments were offered) VIII. Pulled Consent Agenda Items: VI.A. Approval of Minutes - CRA Board Meeting - August 12, 2008 Ms. Ross noted in several places the minutes referred to TRG, The Related Group, and the correct party is RTG, Room to Grow. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2, 2008 Motion Ms. Ross moved to approve the minutes of August 12, 2008 as amended. Vice Chair Rodriguez seconded the motion. The motion passed unanimously. VI.D. CRA District Noise Ordinance Recommendations Mr. Hay commented that it would be helpful if staff could give a more precise path to the referenced City ordinances. Vice Chair Rodriguez requested staff share the information garnered from other cities on the noise restrictions. Mike Simon advised he would provide the information. The midnight noise limit Monday through Thursday seemed somewhat strong to Vice Chair Rodriguez. Ms. Ross noted it was limited to the entertainment district. The proximity to residences was a concern. Chair Taylor indicated he had discussed the matter with Scott Blasie, Code Compliance Administrator, and he found the recommendations to be more appropriate. Mr. Simon indicated the restrictions were a collaborative effort of the CRA, Code, Police and City staff. There have been ongoing discussions regarding a possible entertainment permit process that would be less zoning district speCific and more use speCific to be utilized throughout the City. It would give Code Enforcement more power and Planning and Zoning would have more control, plus a potential revenue producer for permits. The City and CRA were jointly making the recommendation. Mr. W~i1and indicated he felt the hours should be one hour earlier to accommodate the elderly residents in the area. Ms. Bright pointed out the CRA and City could look at alternatives for areas like Renaissance Commons in relation to the downtown area. The CRA could only offer recommendations for the entertainment district downtown. Vice Chair Rodriguez suggested a few options be presented first. Mr. Simon stressed the City staff would have more experience and knowledge on the Land Development Regulations aspect of the ordinance for the City as a whole and the poSSible entertainment permit. Quintus Greene, Development Director for the City, stressed entertainment activities throughout the City, as well as downtown have to be taken into consideration. It must be addressed globally with less focus on the noise ordinance per se and more focus on regulating entertainment activity. The use of a yearly entertainment permit, granted by the City Commission, pursuant to a public hearing is being explored. The permit would be revocable upon violation of the noise ordinance. This would provide a broader range of establishments to have entertainment activities and yet give the City more control. He stressed the broader picture has to be considered. Motion Vice Chair Rodriguez moved to deny the noise ordinance recommendation. Mr. Weiland seconded the motion. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2, 2008 Chair Taylor did not have a problem with the recommendation submitted. Mr. Hay contended the downtown area needed to have some flexibility and agreed with the recommendation. Ms. Ross concurred with Chair Taylor and Mr. Hay. The motion failed 2-3. (Chair Taylor, Ms. Ross and Mr. Hay dissenting.) Motion Mr. Hay moved to approve Item VLD. Ms. Ross seconded the motion. The motion passed 3-2. (Vice Chair Rodriguez and Mr. Hay dissenting.) VLE Approval of the Boynton Harbor Marina Dockage Agreement for FY 2008-2009 Vice Chair Rodriguez inquired if there were any provisions for boats in the marina during hurricanes. Attorney Cherof advised there was language that tracks the Florida statutes requiring a vessel owner to remove the vessel in a pending storm if it would endanger the marina. Ms. Bright added the current hurricane plan that is administered by the marina management company would also apply. Attorney Cherof noted the vessel owners could be liable for damage, or the CRA could remove the vessel and charge the owner for the removal. He also noted the agreement is a working document and other changes have been made since distribution of the agenda. Any approval should be subject to additional staff/attorney comments. Motion Vice Chair Rodriguez moved to approve Item VLE subject to additional staff/attorney comments. Ms. Ross seconded the motion. The motion passed unanimously. IX. Public Comments: (Note: comments are limited to 3 minutes in duration) Herb Suss, 1711 Woodfern Drive, requested a copy of the answers to the questions posed by Hellderson Tillman at the City Commission meeting relating to the bonds and pending projects. It was his opinion that the Heart of Boynton would never happen. He also urged the Commission to appoint a civilian CRA Board. Gertrude Sullivan, 201 NE 6th Avenue, requested that the vacant CRA property along Sea crest Boulevard be enclosed. Ms. Bright responded fencing had been discussed; however, landscaping would also be necessary and the Ocean Breeze project was aggressively moving forward. Ms. Sullivan was upset with children on bikes, dirt bikes and little cars. Mr. Weiland reiterated large sums of money have been spent in the Heart of Boynton, and the Board and Commission have been committed to the project for many years. Some new houses have been built and working on the Ocean Breeze project and with Auburn Group indicates a huge commitment that continues. He stressed more money was spent in the Heart of Boynton than any other part of the City. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2, 2008 Chair Taylor pointed out $7.5 million has been spent on the Ocean Breeze project, over $2 million on the 4th and 5th Avenue assemblage, closing on 2.69 acres. The Homebuyers Assistance Program cost $1.4 million, closing on 21 homes. The residential improvement program cost $140,000 to repair seven homes with 13 more grant applications. $170,000 was spent in Chel1)' Hill, and Palm Beach County was going out to bid to demolish the buildings. $25,000 was spent under the Community Improvement Program for numerous trash pickups. On Urban Housing Infill $555,000 was spent for six lots being developed for single family homes and on the MLK corridor over $4 million has been spent. The total is over $16 million. Ms. Sullivan argued properties were being bought, but nothing was being replaced. Something needed to be added back. Chair Taylor advised market studies have been done for the area, and the CRA could not force businesses to come into the area. Mr. Hay contended the frustration of the public was based on the lack of what the public sees being done. The monies for the Heart of Boynton project are generated from Tax Increment Funding (TIF). There is currently a request to shrink the size and area of the CRA, reducing the possible funding source. It would result in a reduction of money available for the Heart of Boynton project. He reminded the Board of the purpose of the CRA to rid the City of slum and blight. Chair Taylor indicated due to the reduction in revenue, the City investigated all areas of possible revenue and all areas of cost reduction. Most of the possibilities were not implemented. Dissolution of the CRA was not considered. Mack McCray, 806 NW 4th Street, recalled in the beginning the community held meetings, and the residents were enthusiastic about the Changes. Bond monies were received and now the bonds have to be repaid. The properties bought along Martin Luther King Boulevard (MLK) are not being maintained. The residents need to see buildings being built. Monies were spent to buy a' bar in the southern section of the CRA and a fair distribution of monies being spent needs to take place. Chair Taylor noted the monies spent for the bar were for a new development on the site to generate more tax dollars to spend in the Heart of Boynton. Victor Norfus, 261 N. Palm Drive, commented on the problems of violence and safety at the vacant CRA lots in the Heart of Boynton that should be addressed. The police force should be better utilized to properly police all the CRA properties, rather than fighting crime and drugs. The issues of community safety and vagrancy needed to be addressed also. The fencing would have a cost factor and would probably be tom down, making it cost prohibitive. The police should respond to the citizens and be available for the citizens as an alternative to counter the complaints. Chair Taylor responded land was being purchased, and a developer had to be found to build affordable housing for the citizens. Lance Chaney, 4312 polemo Boulevard, indicated he supported the annexation of properties that would generate more funding. He requested there be greater communication to the 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2, 2008 citizens in the Heart of Boynton. He expressed concern there were no monies encumbered for the development of the Heart of Boynton as a guarantee of a commitment. There has been confusion in the community over the Ocean Breeze project and the proposals, because the community supports only single family homes. The purchase by the City of three properties for $60,000 then being bought by the CRA from the City for $1.3 million was outrageous to Rev. Chaney. He asserted too many CRA funds were being used to balance the City budget. Chair Taylor responded the land was bought as vacant land and had been appraised based on the proposed development. The CRA encumbered half the monies, and the City encumbered the other half in order to give land to the developer so he could afford to build affordable housing. He noted the Ocean Breeze project did include single family homes on the west side on the land given to them by the CRA. Rev. Chaney suggested the $1.3 million be retained by the CRA and given to developers as an incentive. He also recalled the previous CRA board had been chastised for doing the same type of incentive buying and selling. Mr. Weiland added the City would not be receiving $650,000 of the $1.3 million. Mr. Hay remarked, thinking outside the box, the purchase of the little market on Seacrest would alleviate some of the drugs and crimes in the area. Funds should be found to purchase the market and reduce the cost of police patrols and address safety issues. No one else coming forward, Chair Taylor closed the public audience. 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 Chair Taylor read the title of the resolution and explained the matter had been before the Commission and needed to be approved by the CRA by resolution. Motion Mr. Weiland moved to approve the resolution. Mr. Hay seconded the motion. The motion passed unanimously. XI. Old Business: A. Discussion and Approval of FY 2008-2009 Budget Vice Chair Rodriguez's review of the budget revealed no monies had been allocated for the MLK project because the developer did not need the money until 2010/2011. Due to budgetary concerns, he recommended some monies be set aside for the MLK project. He proposed using $666,000 from the surplus, $313,000 from the contingency fund and half of the $800,000 for 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2, 2008 the 4th Street project that has been deferred to 2012, and allocating $1.4 million to the MLK project in next years budget. This would address the citizens' concerns and offset the continued decrease in property values. Mr. Hay concurred with Vice Chair Rodriguez that the proposal would support due diligence in allocating funding for the Heart of Boynton Beach. Susan Harris, Director of Finance, indicated the $666,000 could be encumbered for the Auburn Group. She recalled the Board made two significant changes: one, reduced the money paid to the City for the land to $650,000, and second, deferred $800,000 for the 4th Street project until 2011/2012. The $665,000 can be encumbered this year and then used as needed to offset the $1.9 million. Cito Berguirstain, Auburn Development, advised a motion had not been made to encumber the $666,000 by reducing what the CRA would be paying the City. The $800,000 was encumbered for the 4th Street project and was not available for this fiscal year budget. The modification of the master developer agreement did allow for some of the funds to be made available during this fiscal year. Mr. Weiland pointed out the allocations were based on the assumption that property values would continue to decline. If that was not correct, the monies may be available. Ms. Bright clarified that Vice Chair Rodriguez was suggesting half of the money encumbered for the 4th Street project be encumbered in the next fiscal year for the MLK corridor. Vice Chair Rodriguez calculated that next year only $500,000 would be needed for the MLK project. Ms. Bright cautioned the CRA would not have any contingency fund available for emergencies if the proposed allocation was approved. Susan Harris admonished contingency funds are needed in the amount of $300,000. These funds, if not used, could be reassigned to the MLK project. Mr. Berguirstain felt confident that if $1.4 million were encumbered for the project, the development could move forward. Vice Chair Rodriguez suggested the $666,000 and $400,000 would be $1.1 million with the contingency monies rolled over if not used. Various alternatives to balance the budget were discussed. Mrs. Bright explained some flexibility has to be maintained to assist Auburn Group in moving the first phase forward. She also pointed out the 4th Street project may get moved forward and those monies would need to be available. Motion Vice Chair Rodriguez moved to encumber apprOximately $1.1 million for the MLK project and Auburn Group to move forward with the development along MLK and get a developer agreement. Mr. Hay seconded the motion. The motion passed unanimously. Mr. Berguirstain commended the .CRA Board and staff on their commitment to the project and revitalization of the area. Mr. Hay lauded the CRA staff for their achievements and announced only three CRA's had been pulled for special recognition for their achievements at a League of Cities meeting and Boynton Beach was one of the three. Chair Taylor noted Vivian Brooks, Assistant CRA Director would be making a presentation on affordable housing to an international level conference in Calgary, canada. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2,2008 In reviewing other budget items, Vice Chair Rodriguez further suggested membership fees, delivery services and office supplies could possibly be reduced. He questioned the $20,000 allotted for brownfield designation when that was rejected. Ms. Bright advised the MLK corridor was designated as a brownfield, and Tom Hinners had requested assistance with the economic development of the project, but had to do the paperwork with assistance from the CRA staff. The monies would go to legal counsel to make sure the brownfield designation was approved. The cost for the original brownfield designation would have been negligible. Assistance would be available through the CRA to property owners to access those credits. Ms. Harris pointed out any funds not used would be rolled over and the cost of an electronic agenda process would also have to be funded. Memberships have been reduced and the Business Development membership fee was split with the City. Since travel has been cut, staff wanted to assure newsletter subscriptions were maintained. It was explained that the office supplies had been increased because the marketing materials that had been outsourced are now being done in- house. Attorney Cherof advised the budget would be adopted and Exhibit "A" would be modified with the amendments being suggested. Gertrude Sullivan, 201 NE 6th Avenue, inquired if the Heritage Fest had been cancelled. She questioned why preparations were being made for the 4th of July and not the Heritage Fest. Ms. Bright responded the Heritage Fest concert and related events had been eliminated; however, the $5,000 Family Day at the Sims Center would be supported. Only two events would be sponsored this year: the 4th of July and the Holiday Event. Kathy Biscuiti, Special Events Manager, reported any events the community wanted could be held at the library. It was noted the attendance had been very poor. Mr. Hay noted the total cost of the Heritage Fest was $95,000. Myra lones apologized for some of the miscommunication and expressed her appreciation for the assistance of staff. Staff has already committed many things to the community. She suggested the neighborhood association presidents should meet and discuss their differences in private. Lance Chaney, 4312 polemo Boulevard, opined the $95,000 cost was high, but the Heritage Fest would reflect Boynton Beach's diverse, cultural community. He conceded there were attendance problems. Ignoring the various cultures within the City while spending over $80,000 for travel seemed contrary to affirming the minorities and diversity within the City. Vice Chair Rodriguez clarified the travel budget had been decreased from $80,000 to $19,000, a 77% reduction. The recent trip to Calgary was in the current year's budget. Ms. Bright stressed the Cuban Art Show was rejected, as were other cultural events, due to a lack of funding. Every effort was being made to get developers to underwrite the cost of any events. Auburn Group donated $50,000 for events and in-kind sponsorships. Those types of donations would not be forthcoming in the new fiscal year. The rationale would be to have a major event in the summer and major event during the holidays. Rev. Chaney urged the City or CRA to devote some dollars to affirm diversity within the City. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2, 2008 Chair Taylor remarked the City cut out funding for all events and turned the planning and events over to the CRA exclusively. The funding for the Holiday event had been trimmed back. Victor Norfus, 261 N. Palm Drive, had issues with the way the Heritage Fest was addressed. Ms. Bright acknowledged the CRA would not be funding the types of activities and programs it had in the past. Mr. Norfus stressed the original celebration was Black Awareness Day to showcase the accomplishments of the African-Americans to the City and Nation. It was an educational opportunity. Expanding the program and event overshadowed the educational factor. It needs to return to the citizens to be responsible for the celebration, with some type of support from the City. Mr. Hay recalled his sister, Lillian Artis, was integral to the concept of Black Awareness within the City. The event should continue in some form. He contended the CRA Board should donate some funds to the event. Mr. Hay encouraged the donation of discretionary funds to ensure continuation of the event in some form. Motion Vice Chair Rodriguez moved to adopt the resolution with Exhibit "A," incorporating the amendments made by the Board. Mr. Hay seconded the motion. B. Discussion of Contracts with American Realty - Ocean Breeze Attorney Cherof explained there was extensive information provided about the history of the Ocean Breeze project and the contract to purchase the property, plus the incentive packages offered. At the last meeting changes were requested to be made to the project as proposed. The policy issues that must be addressed are about the purchase and sale agreements entered into with Ocean Breeze. A deposit of $210,000 was required within ten days of final ranking of the 2008 Universal ranking of the application by the Florida Housing Finance Corporation, or October 31, 2008, whichever came first. The purchaser did not timely make that deposit, and the failure would constitute a technical breach of the contract. The contract also provided a curative period once the default is made. The first decision would be if staff should write a default letter to the developer, triggering their requirement to post the $110,000 deposit. The second issue is whether the modification proposed is a material difference from the project that was originally approved. If it is, consideration would be given to the other company that made a proposal, the Carlisle Group. Another alternative is to reject all the proposals and seek new requests for proposals. It was noted the project has been underway for some period of time, and the same amount of time would be necessary to start over again. Frank Chirkinian, American Realty, noted, on the west side, originally Community Housing Workforce Innovation Pilot Program (CWHIP) funds were being sought and as indicated in the RFP, were critical to the acquisition. When those funds did not materialize, an alternative concept for building on the west side was developed. Without the Community Housing Workforce Innovation Pilot Program funds, the entire project on the west side stalled. An alternative plan was recently presented to the board. Technically, a deposit should have been made based on the award of the Community Housing Workforce Innovation Pilot Program funds 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2,2008 of $3.6 million for the entire project. The Board could decide to not move forward with American Realty Group on the west side. Mr. Chirkinian offered to hold monthly meetings with the community to keep the citizens updated on the progress of the project on the west side and single family residences. American Realty was working with Room to Grow (RTG) on providing affordable housing at $90 a square foot. There was an application for tax credits on the east side and due to a proximity clause requiring access to a 10,000 square foot grocery store within a mile of the site, the credits would not be given. Ms. Bright agreed it was an issue with the MLK project as well and for any builder. Mr. Chirkinian advised he was committed to both the east and west side, but there were conditions beyond his control. Changes would be required on the proximity issue for tax credits to be given for any developer to proceed. It was suggested another six months was needed to allow for the language change and the tax credits. Vice Chair Rodriguez contended the Board had an obligation to offer the project to the second builder, the Carlisle Group. The Carlisle Group wanted to do all rental units. He felt there was a material difference from the original proposal to the current proposal, and the selected builder had defaulted in the payment. The Board should now proceed to the second builder and continue on to the third until a suitable builder could be found. Mr. Chirkinian countered that any developer would have gone through the same process and had the same outcome. Ms. Bright expressed her concerns from a redevelopment perspective. A request for proposal (RFP) was issued and three responses were submitted. The RFP was again issued and American Realty was chosen because they met the needs of the citizens of the Heart of Boynton for home ownership consistent with the existing plan and could go forward immediately. She stressed the goal needed to be redevelopment. The proximity clause was an issue for any developer. The RFP has gone out twice already this year and further responses were doubtful if the process was started all over again. Vivian Brooks, Assistant CRA Director, explained the first issue to be decided was if notification would be sent to American Realty. that they were in default of the contract on the east side. There are two separate and independent legal agreements. The second issue was if the last proposal by American Realty was a material difference from the proposal offered with the second RFP for the west side. Consideration has to be given to the market and flexibility will be necessary over a period of time for market adjustments. Financially, rentals are more desirable; however, rentals may not be best for the community. Attorney Cherof stressed an agreement was entered into with the CRA, and the parties negotiated the terms of the agreement, some of which were dictated by American Realty, including the deposit which is in default. The contract affords a curative clause, allowing American Realty to walk away from the contract or asking to renegotiate the contract. Mr. Chirkinian was not sure, if a default letter was sent, the monies would be forthcoming until the proximity issue could be survived. Ms. Brooks explained the point system for the award of the tax credits in relation to the proximity clause. It impacts not only the Ocean Breeze project, but the Martin Luther King Boulevard project with Auburn Group as well. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2, 2008 The options were discussed. Mr. Hay favored the single family homes on the west side, and American Realty had done a good faith "effort. He wanted to remain with the developer for the west side. He did not want to delay the east side development and, if necessary, renegotiate the contract for the east side. Chair Taylor summarized the consensus that there would be a new proposal for the west side, a default letter issued for the east side, and the second developer would be contacted. Attorney Cherof clarified that Mr. Hay suggested the declaration of default not be given for the east side, but afford them additional time to make the deposit and to maintain continuity with a developer for the entire project. Mr. Weiland wanted to renegotiate the west side and let the east side ride until the proximity clause was resolved. Ms. Ross concurred, as did Vice Chair Rodriguez. Vice Chair Rodriguez suggested the default letter be issued, but not acted on until the proximity issue was resolved. The second developer could then immediately be contacted. Attorney Cherof advised, if the default was not declared, the option to declare it at any time is reserved. The interest in the land should be held with the City. A very stringent timetable and time line should be included in the contract for negotiation. Mr. Chirkinian advised the next step would be to speak to the County and to the City for State Housing Initiatives Partnership Program (SHIP) funding, and obtain commitments to move forward. Vice Chair Rodriguez contended the deal was profitable if the City got something in return for the land. C. City's Long Range Revenue Increase Study Options: Shrink TIF District Motion Mr. Weiland moved to deny Item XI.c. Mr. Hay seconded the motion. Vice Chair Rodriguez questioned why the item appeared on the CRA agenda when it was a City issue. Ms. Bright was asking the Board if the determination of the boundaries was a real concern, how she could do her job in dealing with developers. Chair Taylor declared the CRA was not in favor of reducing the CRA boundaries. Kurt Bressner, City Manager, commented that none of the City staff had contemplated discussing any bond issue the CRA had for not going forward and paying the bonds. The backup materials indicated the City could allow bond issues to default. If that were allowed to happen, it would affect the whole faith and credit of the City over defaulted bond issues. Any analysis done with respect to any impact to the CRA, would not include defaulting on bonds. Mr. Bressner wanted the public to be clear it would be an irresponsible position for the City. The City would incur the debts whether bond counsel felt it was a legal obligation or not for the full faith and credit of the City. Mr. Hay and Ms. Ross appreciated the explanation. Mr. Bressner stressed he had a fiduciary responsibility to make sure the community, including the CRA, was protected. XII. New Business: 11 -- ,"'.......= Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 2,2008 XIII. Future Agenda Items XIV. Comments by Staff None. XV. Comments by Executive Director None. XVI. Comments by.CRA Board Attorney None. XVII. Comments by CRA Board None. XVIII. Adjournment There being no further business to come before the Board, Chair Taylor properly adjourned the meeting at 11:07 p.m. 12 VI. CONSENT AGENDA: B. Approval of the Financial Report Period Ended September 30, 2008 ~~~~Y~T2~ eRA . East Side~West Side~Seaside Rena",ssance eRA BOARD MEETING OF: October 14,2008 XI Consent Agenda I I Old Business I New Business I I Public Hearing I Otber SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the eRA Board representing the revenues and expenses for the month ending September 30, 2008. FISCAL IMP ACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve September financials. ~~ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Financial Report.doc 10/07/200812:11 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET FINANCIAL SUMMARY BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING REVENUE SUMMARY T.I.F.lNCOME 9,500,000 9,500,000 (125,659) 9,520,342 0 (20,342) -0.2% MARINA RENT & GRANT INC 1,453,200 1,453,200 62,977 1,326,081 0 127,119 8.7% MARKETING INCOME 0 0 795 4,605 0 (4,605) 0.0% FESTIVALS & EVENT INCOME 10,000 10,000 0 57,675 0 (47,675) -476.8% INVESTMENT INCOME 300,000 300,000 2,628 250,017 0 49,983 16.7% CONTRIBUTIONS & DONATION 0 0 0 0 0 0 0.0% MISCELLANEOUS 0 0 1,862 2,235 0 (2,235) 0.0% OTHER FINANCING SOURCES 0 1,000,000 0 0 0 1,000,000 100.0% TOTAL REVENUES 11,263,200 12,263,200 (57,397) 11,160,954 0 1,102,246 9.0% EXPENDITURE SUMMARY LEGISLATIVE 57,400 57,400 9,759 35,825 8,140 13,435 23.4% ADMINISTRATIVE 264,046 264,046 31,087 237,463 17,110 9,473 3.6% AUDITOR 26,200 22,200 9,500 21,700 0 500 2.3% FINANCE 168,280 168.280 16,481 145,512 2,191 20,577 12.2% INSURANCES 105,375 95,375 0 94,921 0 454 0.5% PROFESSIONAL SERVICES 560,120 785,120 25,168 436,823 194,314 153,983 19.6% PLANNING 717,395 872,395 25,178 650,613 190,937 30,845 3.5% BUILDINGS & PROPERTY 506,090 453,090 18,400 319,786 89,223 44,081 9.7% MARINA 1,410,000 1.410,000 98,893 1,264,570 39,089 106,341 7.5% COMMUNICATIONS & TECHNOLOGY 60,740 38,740 1,225 33,794 2,000 2,946 7.6% SOFTWARE & TECHNOLOGY 40,000 33,000 750 27,705 2.500 2.795 8.5% CONTINGENCY 274,000 224,000 0 0 0 224,000 100.0% POLICE 573,853 578,853 61,308 441,364 50,000 87,489 15.1% TRANSPORTATION 521,000 921,000 84,587 912,185 4,000 4,815 0.5% INCENTIVES & GRANTS 425,000 425,000 0 157,392 254,483 13,125 3.1% MARKETING 292,905 308,905 44,358 256,192 48,055 4,658 1.5% SPECIAL EVENTS 451,715 501,715 26,368 477,893 17,670 6,153 1.2% SIGNAGE PROGRAM 85,000 5,000 0 4,397 0 603 12.1% DEVELOPMENT PROJECTS 1.453,114 1,828,114 32,000 1,699,863 200.000 (71.749) 3.9% EMPLOYEE BENEFITS 204,979 204,979 30,261 177,217 0 27.762 13.5% DEBT SERVICE 3.065,988 3,065,988 0 3,065,988 0 0 0.0% TRANSFER OUT 0 0 0 0 0 0 0.0% TOTAL EXPENDITURES ----.-. 11,263,200 ..--.. ~~m..__ . -.-. . --- --.-_. 12,263,200 515,323 10,461,202 1,119,711 682,287 5.6% . ------- REVENUES OVER/(UNDER) EXPENDITURES 0 0 (572,720) 699,752 (1,119,711) 419,959 0.0% Page 1 of 25 10/071200812:11 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR-TO-DA TE TOTAL UNENCUMBERED BUDGET FINANCIAL SUMMARY BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING T.I.F.lNCOME 01-41000 T.I.F. COLLECTIONS 9,500,000 9,500,000 (125,659) 9,520.342 0 (20.342) -0.2% TOTAL T.I.F.INCOME 9,500,000 9,500,000 (125,659) (20,342) 0 (20,342) -0.2% MARINA RENT & GRANT INC 01-42115 MARINA RENTS 125,000 125,000 0 125,844 0 (844) -0.7% 01-42116 MIS RENTS FROM PROPERTIES 7,200 7,200 1,200 7.210 0 (10) -0.1% 01-42117 MARINA FUEL SALES 1,320,000 1,320,000 61,777 1,191,004 0 128,996 9.8% 01-42118 MARINA MISC INCOME 1,000 1,000 0 2,023 0 (1,023) -102.3% TOTAL MARINA RENT & GRANT INCOME 1,453,200 1,453,200 62,977 1,326,081 0 127,119 8.7% MARKETING INCOME 01-43100 TROLLY MARKETING INCO 0 0 795 4,605 0 (4,605) 0.0% TOTAL MARKETING INCOME 0 0 795 4.605 0 (4,605) 0.0 FESTIVALS & EVENT INCOME 01-44100 FESTIVAL & EVENT INCOME 10,000 10,000 0 57,675 0 (47,675) -476.8% TOTAL FESTIVALS & EVENT INCO 10,000 10,000 0 57,675 0 (47.675) -476.8% INVESTMENT INCOME 01-46100 INTEREST INCOME 300,000 300,000 2.628 250,017 0 49,983 16.7% TOTAL INVESTMENT INCOME 300,000 300,000 2,628 250,017 0 49,983 16.7% MISCELLANEOUS 01-48100 MISCELLANEOUS INCOME 0 0 1,862 2,235 0 (2,235) 0.0% TOTAL MISCELLANEOUS 0 0 1,862 2,235 0 (2,235) 0.0% Page 2 of 25 10/07/200812:11 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR- TO-DATE TOTAL UNENCUMBERED BUDGET FINANCIAL SUMMARY BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING OTHER FINANCING SOURCES 01-49100 OTHER FINANCING SOURC 0 1,000,000 0 0 0 1,000,000 100.0% TOTAL OTHER FINANCING SOURCE 0 1,000,000 0 0 0 1,000,000 100.0% TOTAL REVENUES 11,263,200 12,263,200 (57,397) 11,160,954 0 1,102,246 9.0% Page 3 of 25 10/071200812:11 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 01 -GENERAL FUND %OF LEGISLATIVE ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERVICES 01-51010-200 CONTRACTUAL EXPENSES 10,000 10,000 150 1,956 2,500 5,544 55.4% 01-51010-203 MISCElLANEOUS 13,000 13,000 0 2,981 0 10,019 77.1% 01-51010-216 ADVERTISING & PUBLIC NOTICES 2,700 2,700 0 1,823 0 877 32.5% 01-51010-225 ASSOC. MEETINGS & TRAVEL 27,500 27,500 9,351 26,659 5,284 (4,443) -16.2% 01-51010-227 DELIVERY SERVICES 3,600 3,600 258 2,321 300 979 27.2% TOTAL PURCHASED/CONTRACT SERVICES 56,800 56,800 9,759 35,740 8,084 12,976 22.8% SUPPLIES 01-51010-300 OFFICE EXPENSE 600 600 0 85 56 459 76.5% TOTAL SUPPLIES 600 600 0 85 56 459 76.5% TOTAL lEGISLATIVE 57,400 57,400 9,759 35,825 8,140 13,435 23.4% Page 4 of 25 10/07/200812:11 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 01 -GENERAL FUND %OF ADMINISTRATIVE ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-51230-100 PERSONNEL SERVICES 215.396 206,396 20,183 199,129 0 7,267 3.5% 01-51230-115 CAR ALLOWANCE 4,030 4,030 465 4,061 0 (31) -0.8% TOTAL PERSONNEL SERVICES 219,426 210,426 20,648 203,190 0 7.236 3.4% PURCHASED/CONTRACT SERVICES 01-51230-203 MISCELLANEOUS 2,000 2,000 0 2,354 0 (354) -17.7% 01-51230-225 ASSOC. MEETINGS & TRAVEL 14,190 23,190 3,231 11,943 11.177 70 0.3% 01-51230-226 MEMBERSHIP DUES 5,030 5,030 5,345 9,702 0 (4.672) 92.9% 01-51230-227 DELIVERY SERVICES 3,000 3,000 (98) 121 0 2.879 96.0% 01-51230-229 CAREER DEVELOPMENT 2,500 2,500 0 0 0 2.500 100.0% TOTAL PURCHASED/CONTRACT SERVICES 26,720 35.720 8.478 24,120 11,177 423 1.2% SUPPLIES 01-51230-310 OFFICE SUPPLIES 8,500 8,500 599 6,045 2.512 (57) .0.7% 01-51230-315 POSTAGE 2,000 2,000 0 1,648 737 (385) 19.2% 01-51230-355 SUBSCRIPTIONS 1,650 1.650 99 185 0 1,465 88.8% 01-51230-360 BOOKS & PUBLICATIONS ..-.....----""" 750 -..--.-.-,---- -- 750 0 604 0 146 19.4% TOTAL SUPPLIES 12,900 12.900 ,.,.....-.-.--....-.---- . 8,482'---.. 698 3,250 1.169 9.1% CAPITAL EXPENDITURES 01-51230-400 EQUIPMENT COSTS 5,000 5,000 1,263 1.672 2,683 645 12.9% TOTAL CAPITAL EXPENDITURES 5,000 5,000 1,263 1,672 2,683 645 12.9% TOTAL ADMINISTRATIVE _._---~_..__.._... 264,046 264,046 ---"17,110------ --. 9.473 -. 31.087 237,463 36% Page 5 of 25 10/0712006 12:11 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 01 -GENERAL FUND %OF AUDITOR ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTNlTY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERVICES 01-51320-202 AUDITORS FEES 26,000 22,200 9,500 21,700 0 500 2.3% 01-51320-227 DELIVERY SERVICES 200 0 0 0 0 0 0.0% TOTAL PURCHASED/CONTRACT SERVICES 26,200 22,200 9,500 21,700 0 500 2.3% TOTAL AUDITOR 26,200 22,200 9,500 21,700 0 500 2.3% Page 6 of 25 10/07/200812:11 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 01 -GENERAL FUND %OF FINANCE ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-51325-100 PERSONNEL SERVICE 140,400 140,400 14,452 119,913 0 20,487 14.6% TOTAL PERSONNEL SERVICES 140,400 140,400 14,452 119,913 0 20,487 14.6% PURCHASED/CONTRACT SERVICES 01-51325-200 CONTRACTUAL EXPEN 5,280 2,780 166 2,716 0 64 2.3% 01-51325-201 BANK FEES 3,600 1,600 175 2,127 0 (527) -33.0% 01-51325-225 ASSOC. MEETINGS & TRAVEL 8,000 16,500 1,129 14,460 2.071 (31) -0.2% 01-51325-226 MEMBERSHIP DUES 900 500 0 435 0 65 13.0% 01-51325-227 DELIVERY COSTS 1.500 500 51 162 0 338 67.7% 01-51325-229 CAREER DEVELOPMENT 3,000 0 0 0 0 0 0.0% TOTAL PURCHASED/CONTRACT SERVICES 22,280 21,880 1.522 "--~ 19,900 2,071 (91) 04% SUPPLIES 01-51325-310 OFFICE SUPPLIES 4.500 4,500 427 4,757 120 (377) 8.4% 01-51325-355 SUBSCRIPTIONS 0 0 0 0 0 0 0.0% 01-51325-360 BOOKS & PUBLICATIONS 100 500 80 574 0 (74) 14.9% 01-51325-365 OFFICE PRINTING COSTS ....~_.._,--,.- 1,000 1,000 ---_._---- 0 366 0 634 63.4% 5,600 6,000 --'---'---'-- '.~------- -~~-- - TOTAL SUPPLIES 507 5,698 120 182 3.0% -_._------_.__..~---------_._~.._-_._._-,.._.- 168,280 ",.n'___n""'___" TOTAL FINANCE 168,280 16,481 145,512 2.191 20,577 122!j'[. Page 7 of 25 10/0712008 12:11 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 01 -GENERAL FUND %OF INSURANCES ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERVICES 01-51410-200 CONTRACTUAL EXPENSE 26,090 16,190 0 16,145 0 45 0.3% 01-51410-213 GENERAL PROPERTY 70.050 70,050 0 70,050 0 0 0.0% 01-51410-214 EMPLOYEE FIDELITY 1,500 1 ,400 0 991 0 409 29.2% 01-51410-215 DIRECTORS & OFFICERS 7,735 7,735 0 7,735 0 0 0.0% TOTAL PURCHASED/CONTRACT SERVICES 105,375 95,375 0 94,921 0 454 0.5% TOTAL INSURANCES 105,375 95,375 0 94,921 0 454 0.5% Page 8 of 25 10/07/200812:11 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 01 -GENERAL FUND %OF PROFESSIONAL SERVICES ORIGINAL AMENDED MONTHLY YEAR- TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERVICES 01-51420-200 CONTRACTUAL EXPENSE 110,000 335,000 21,835 197,909 136.729 362 0.1% 01-51420-201 CONTRACT LEGAL 350,000 350,000 0 163,217 50,000 136,783 39.1% 01-51420-203 LOBBYING COSTS 90,000 90,000 3,333 67,415 7,585 15,000 16.7% 01-51420-204 CITY STAFF COSTS 10,120 10,120 0 8,282 0 1,838 18.2% TOTAL PURCHASED/CONTRACT SERVICES 560,120 785,120 25,168 436,823 194,314 153,983 19.6% TOTAL PROFESSIONAL SERVICES 560,120 785,120 25,168 436,823 194,314 153,983 19.6% Page 9 of 25 10/0712008 12:11 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 01 -GENERAL FUND %OF PLANNING ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICE 177,120 177,120 20,437 178,483 0 (1,363) -0.8% 01-51440-115 CAR ALLOWANCE 2,600 2,600 300 2,620 0 (20) -0.8% TOTAL PERSONNEL SERVICES 179,720 179,720 20,737 181.103 0 (1,383) -0.8% PURCHASED/CONTRACT SERVICES 01-51420-200 CONTRACTUAL EXPENSE 522.500 664,000 0 450,748 184,397 28,855 4.3% 01-51440-216 ADVERTISING & PUBLICATIONS 0 0 0 0 0 0 0.0% 01-51440-225 ASSOC. MEETINGS & TRAVEL 6,000 18,500 3,407 12,092 6,342 66 0.4% 01-51440-226 MEMBERSHIP DUES 1,225 2,225 509 1,985 70 170 7.7% 01-51440-227 DELIVERY SERVICES 2,000 2,000 98 546 5 1,449 72.4% TOTAL PURCHASED/CONTRACT SERVICES 531,725 686,725 4,014 465,371 190,814 30,540 4.4% SUPPLIES 01-51440-310 OFFICE SUPPLIES 3,500 3,500 427 3,429 120 (49) -1.4% 01-51440-355 SUBSCRIPTIONS 150 150 0 0 0 150 100.0% 01-51440-360 BOOKS & PUBLICATIONS 300 300 0 53 0 247 82.5% 01-51440-365 OFFICE PRINTING COSTS 2,000 2,000 0 657 3 1,340 67.0% TOTAL SUPPLIES 5,950 5,950 427 4,139 123 1,688 28.4% TOTAL PLANNING 717,395 872,395 25.178 650.613 190,937 30,845 3.5% Page 10 of 25 10/07/200812:11 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 01 -GENERAL FUND %OF BUILDINGS & PROPERTY ORIGINAL AMENDED MONTHLY YEAR- TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERVICES 01-51420-200 CONTRACTUAL EXPENSES 2,700 2,700 52 1,936 0 764 28.3% 01-51620-205 RENTAL OF OFFICES 50.760 50,760 2.634 48,884 3,225 (1,349) -2.7% 01-51620-206 MAINTENENCE & CLEANING 8,280 8,280 720 8,660 0 (380) -4.6% 01-51620-207 OFFICE SPACE CHARGES 10,000 10,000 1,378 7,346 0 2,654 26.5% 01-51620-208 EQUIPMENT LEASES 16,000 31,000 1,535 20,195 8,770 2,035 6.6% 01-51620-209 PROPERTY MAINTENANCE COSTS 312,850 269,850 10,839 178,893 74,053 16,904 6.3% 01-51620-228 BUILDING & DEMOLITION 87,500 62,500 0 44,006 1,675 16,819 26.9% TOTAL PURCHASED/CONTRACT SERVICES 488,090 435,090 17 .157 309,921 87,723 37.446 8.6% SUPPLIES 01-51620-325 ELECTRICITY COSTS 10,000 10,000 1,048 7,075 1.000 1.925 19.3% 01-51620-326 WATER CHARGES ---_.,.~_."--- 8,000 .-..---" 8,000 -_...._-".- 195 2,790 500 4,710 58.9% TOTAL SUPPLIES 18,000 18.000 1,243 9,865 1.500 6.635 36.9% -_.__._-"----_._--_._~-- 506,090 "~_'n. .. 18.400' -.--. -. ~-~"."". . - 44.081 TOTAL BUILDINGS & PROPERTY 453,090 319.786 89.223 9.7% Page 11 of 25 10/0712008 12:11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR-TO-DA TE TOTAL UNENCUMBERED BUDGET MARINA BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERVICES 01-51630-200 CONTRACTUAL 775 775 674 1,124 0 (349) -45.0% 01-51630-206 MAINTENANCE 0 0 0 750 0 (750) 0.0% 01-51630-209 PROPERTY MAINTENANCE 49,125 49,125 6,854 23,606 4,185 21,334 43.4% 01-51630-241 MARINA FUEL MANAGEMENT 125,000 125,000 12,333 137,297 0 (12,297) -9.8% 01-51630-242 MARINE FUEL STATION OVERHEAD 40,900 40,900 3,891 51,484 600 (11,184) -27.3% TOTAL PURCHASED/CONTRACT SERVICES 215,800 215,800 23,752 214,261 4,785 (3,246) -1.5% SUPPLIES 01-51630-325 ELECTRIC COSTS 20,000 20,000 1,729 18,859 2,650 (1,509) -7.5% 01-51630-326 WATER COSTS 3,000 3,000 252 1,597 400 1,003 33.4% 01-51630-327 GASOLINE & DEISEL PAYMENTS 1,140,000 1,140,000 68,806 1,002,583 30,000 107,417 9.4% 01-51630-328 MARINA DIESEL SALES TAX 19,200 19,200 1,226 18,024 0 1,176 6.1% TOTAL SUPPLIES 1,182,200 1,182,200 72,013 1,041,064 33,050 108,087 9.1% CAPITAL EXPENDITURES 01-51630-400 EQUIPMENT COSTS 12,000 12,000 3,128 9,245 1,254 1,500 12.5% TOTAL CAPITAL EXPENDITURES 12.000 12,000 3,128 9,245 1,254 1,500 12.5% TOTAL MARINA 1,410,000 1,410,000 98,893 1,264,570 39,089 106,341 7.5% Page 12 of 25 10/07/200812:11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR- TO-DATE TOTAL UNENCUMBERED BUDGET COMMUNICATIONS & TECHNOLOGY BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERVICES 01-51650-200 CONTRACTUAL EXPENSES 1,500 1,500 0 2,820 0 (1,320) -88.0% TOTAL PURCHASED/CONTRACT SERVICES 1.500 1,500 0 2,820 0 (1,320) -88.0% SUPPLIES 01-51650-330 TELEPHONE LINES 7,800 9,800 600 7,785 2,000 15 0.2% 01-51650-340 CELLULAR PHONES 7,440 8,440 625 8,199 0 241 2.9% 01-51650-350 WI-FI ANNUAL COST 44,000 19,000 0 14,991 0 4,009 21.1% TOTAL SUPPLIES 59,240 37,240 1,225 30,974 2,000 4,266 ' 1.50/0 TOTAL COMMUNICATIONS & TECHNOLOGY 60,740 38,740 1,225 33,794 2,000 2,946 '.6% Page 13 of25 10/071200812:11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 01 -GENERAL FUND %OF SOFlWARE & TECHNOLOGY ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERVICES 01-51680-200 CONTRACTUAL EXPENSES 2.500 2,500 0 0 0 2,500 100.0% 01-51680-210 IT SUPPORT 25,000 18,000 0 18,000 0 0 0.0% 01-51680-211 COMPUTER SOFTWARE 1,000 1,000 750 750 0 250 25.0% 01-51680-212 ACCOUNTING L1C & SUPPORT 6.500 6,500 0 8,955 0 (2,455) -37.8% TOTAL PURCHASED/CONTRACT SERVICES 35.000 28,000 750 27,705 0 295 1.1% CAPITAL EXPENDITURES 01-51680-400 EQUIPMENT COSTS 5,000 5,000 0 0 2,500 2,500 50.0% TOTAL CAPITAL EXPENDITURES 5,000 5,000 0 0 2,500 2,500 50.0% TOTAL SOFTWARE & TECHNOLOGY 40,000 33,000 750 27.705 2,500 2,795 8.5% Page 14 of 25 10/07/200812:11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 01 -GENERAL FUND %OF CONTINGENCY ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERVICES 01-51990-200 CONTRACTUAL EXPENSES 274,000 224.000 0 0 0 224,000 100.0% TOTAL PURCHASED/CONTRACT SERVICES 274,000 224.000 0 0 0 224,000 100.0% TOTAL CONTINGENCY 274,000 224.000 0 0 0 224,000 100.0% Page 15 of 25 10/0712008 12:11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET POLICE BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERVICES 01-53120-200 CONTRACTUAL EXPENSES 388,794 393,794 61,308 255,445 50,000 88,349 22.4% TOTALPURCHASE~CONTRACTSER 388,794 393,794 61,308 255,445 50,000 88,349 22.4% CAPITAL EXPENDITURES 01-53120-400 EQUIPMENT COSTS 45,445 45,445 0 46,305 0 (860) -1.9% 01-53120-410 POLICE CRUISER 139,614 139,614 0 139,614 0 0 0.0% TOTAL CAPITAL EXPENDITURES 185,059 185,059 0 185.919 0 (860) -0.5% TOTAL POLICE 573,853 578,853 61,308 441,364 50.000 87,489 15.1% Page 16 of 25 10/07/2008 12:11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR-TO-DA TE TOTAL UNENCUMBERED BUDGET TRANSPORTATION BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERVICES 01-55110-230 TROLLEY OPERATIONS 514,800 884,800 82,574 881,330 0 3,470 0.4% 01-55110-231 TROLLEY MARKETING COSTS 1,200 2,700 0 1,200 1,500 0 0.0% 01-55110-232 TROLLEY SYSTEMS COSTS 5,000 33,500 2,014 29,656 2,500 1,344 4.0% TOTAL PURCHASED/CONTRACT SERVICES 521,000 921,000 84,587 912,185 4,000 4.815 0.5% TOTAL TRANSPORTATION 521,000 921,000 84,587 912,185 4,000 4.815 0.5% Page 17 of 25 10/0712008 12:11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET INCENTIVES & GRANTS BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACTSERV 01-57200-200 CONTRACTUAL EXPENSE 0 0 0 0 0 0 0.0% 01-57200-236 PSC - DEVELOP. REGIONS GR 50,000 0 0 0 0 0 0.0% 01-57200-237 RESIDENTIAL IMPROVEMENT P 300,000 340,000 0 142,275 200,000 (2,275) -0.7% 01-57200-238 COMMERCIAL FA<;:ADE GRANT 75,000 75.000 0 14,601 45,000 15,399 20.5% 01-57200-241 COMMUNITY SUPPORT GRANTS 0 10,000 0 517 9,483 0 0.0% TOTALPURCHASED/CONTRACTSERV 425,000 425,000 0 157,392 254,483 13,124 3.1% TOTAL INCENTIVES & GRANTS 425,000 425,000 0 157,392 254,483 13,124 3.1% Page 18 of 25 10/07/200812:11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET MARKETING BUDGET BUDGET ------- ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING -- DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICED 82,080 82,080 9,612 83,597 0 (1,517) -1.8% TOTAL PERSONNEL SERVICES 82,080 82,080 9,612 83,597 0 (1.517) -1.8% PURCHASED/CONTRACT SERVICES 01-57400-200 CONTRACTUAL EXPEN 55,200 53,700 5,616 41,050 7.920 4,730 8.8% 01-57400-216 ADVERTISING & PUBLIC NOTICES 46.695 51,695 20.079 50,485 350 860 1.7% 01-57400-217 NEWS LETTER 14,000 14,000 7,325 14.000 0 0 0.0% 01-57400-218 ANNUAL REPORT & BROCHURES 48,000 53,000 0 46,146 6,829 25 0.0% 01-57400-219 FESTIVALS & EVENTS 16,980 20,980 0 (11,295) 29,274 3.001 14.3% 01-57400-225 ASSOC. MEETINGS & TRAVEL 9,500 11,000 826 7,373 3.262 365 3.3% 01-57400-226 MEMBERSHIP DUES 1,150 1,150 0 2,108 0 (958) .83.3% 01-57400-227 DELIVERY SERVICES 1,400 1,400 389 826 300 274 19.5% 01-57400-236 PHOTOGRAPHY 1 VIDEOS ---- 9,000 9,000 0 9,891 0 (891) -9.9% TOTAL PURCHASED/CONTRACT SERVICES 201,925 215,925 34.235 160.584 47.935 7,406 3.4% SUPPLIES 01-57400-310 OFFICE SUPPLIES 3.500 5.500 451 5,750 120 (370) -6.7% 01-57400-355 SUBSCRIPTIONS 0 0 30 30 0 (30) 0.0% 01-57400-360 BOOKS & PUBLICATIONS 400 400 30 45 0 355 88.8% 01-57400-365 OFFICE PRINTING COSTS ---_._...~... . ._._-~ 5,000 __.~~___~~'<_._..O'_U"~ 5,000 0 6,187 0 (1,187) -23.7% .~~..._..._.__._-- --_..~---- -.>----. ._--'-_.~_. TOTAL SUPPLIES 8,900 10,900 511 12.011 120 11,231) 11.3% _,,__..__ '" ._~...___,...~_~_____...<. _"_..n,"',____ 292,905 308.905 ""- ,..~--,_... TOTAL MARKETING 44.358 256,192 48,055 4,658 1.5% Page 19 of 25 10/071200812:11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET SPECIAL EVENTS BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES 78,840 78,840 9,238 80,086 0 (1,246) -1.6% TOTAL PERSONNEL SERVICES 78,840 78,840 9,238 80,086 0 (1,246) -1.6% PURCHASED/CONTRACT SERVICES 01-57500-219 FESTIVALS & EVENTS 352.000 402,000 14,478 385,246 12,000 4,754 1.2% 01-57500-225 ASSOC. MEETINGS & TRAVEL 9.500 12,000 2,127 7,827 4,164 10 0.1% 01-57500-226 MEMBERSHIP DUES 1,325 1,325 0 275 0 1,050 79.2% 01-57500-227 DELIVERY SERVICES 500 500 72 468 0 32 6.5% TOTAL PURCHASED/CONTRACT SERVICES 363.325 415,825 16,677 393,816 16.164 5.846 1.4% SUPPLIES 01-57500-310 OFFICE SUPPLIES 3,500 3,500 454 3,269 120 111 3.2% 01-57500-355 SUBSCRIPTIONS 250 250 0 0 0 250 100.0% 01-57500-360 BOOKS & PUBLICATIONS 300 300 0 64 0 236 78.7% 01-57500-365 OFFICE PRINTING COSTS 500 500 0 0 0 500 100.0% TOTAL SUPPLIES 4.550 4,550 454 3,333 120 1,098 24.1% CAPITAL EXPENDITURES 01-57500-400 EQUIPMENT COSTS 5,000 2,500 0 659 1,386 455 18.2% TOTAL CAPITAL EXPENDITURES 5,000 2,500 0 659 1,386 455 18.2% TOTAL SPECIAL EVENTS 451,715 501,715 26,368 477,893 17,670 6,153 1.2% Page 20 of 25 10/07/200812:11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET SIGNAGE PROGRAM BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERVICES 01-58000-224 SIGN CONSTRUCTION 85,000 5,000 0 4,397 0 603 12.1% TOTAL PURCHASED/CONTRACT SERVICES 85,000 5,000 0 4,397 0 603 12.1% TOTAL SIGNAGE PROGRAM 85.000 5,000 0 4,397 0 603 12.1% Page 21 of 25 10/0712008 12:11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 3D, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEVELOPMENT PROJECTS BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERVICES 01-58300-200 CONTRACTUAL EXPENSE 1,103,114 1,793,114 32,000 1,594,637 200,000 (1,523) -0.1% 01-58300-201 PROPERTY TAXES 350,000 35,000 0 34,068 0 932 2.7% TOTALPURCHASED/CONTRACTSERV 1,453,114 1,828,114 32,000 1,628,705 200,000 (591) 0.0% INTERFUND 01-58300-500 GAINILOSS OF SALE OF PROP 0 0 0 71,158 0 (71,158) 0.0 TOTALINTERFUNDnNTERDEPTMENTL 0 0 0 71,158 0 (71,158) 0.0 TOTAL DEVELOPMENT PROJECTS 1,453,114 1,828,114 32,000 1,699,863 200,000 (71,749) -3.9% Page 22 of 25 10/07/200812:11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET EMPLOYEE BENEFITS BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING DEPARTMENTAL EXPENDITURES 01-59000-151 F.I.C.A. 43,379 43,379 4,596 40,611 0 2,768 6.4% 01-59000-152 MEDICARE 10,145 10,145 1,075 8.012 0 2.133 21.0% 01-59000-153 RETIREMENT PLAN 401 (a) 76,927 76,927 24,569 63.945 0 12,983 16.9% 01-59000-154 WORKERS COMP INSURANCE 7,063 7,063 0 3.080 0 3,983 56.4% 01-59000-155 HEALTH INSURANCE 51.965 51,965 0 49,386 0 2,579 5.0% 01-59000-156 DENTAL INSURANCE 3,955 3,955 0 3,246 0 709 17.9% 01-59000-157 LIFE INSURANCE 2,580 2,580 0 2.909 0 (329) .12.8% 01-59000-158 LONG TERM DISABILITY 3,392 3,392 0 2,603 0 789 23.3% 01-59000-159 UNEMPLOYMENT CHARGES 5.000 5,000 21 2,947 0 2,053 41.1% 01-59000-160 VISION INSURANCE 573 573 0 477 0 96 16.7% TOTAL PERSONNEL SERVICES 204,979 204,979 30,261 177,217 0 27,762 13.5% _____..~____.___T._____ 204,979 M.._._'. _____'u~~_.____ 177,217 .,--- -~--- ""-~--'_.~ TOTAL EMPLOYEE BEBEFITS 204,979 30,261 0 27,762 13.5% Page 23 of 25 10/071200812:11 REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: SEPTEMBER 30, 2008 %OF 01 -GENERAL FUND ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEBT SERVICE BUDGET BUDGET ACTMTY BALANCE ENCUMBERED BALANCE REMAINING DEPARTMENTAL EXPENDITURES DEBT SERVICE 01-59800-810 LOAN PRINCIPAL 664,588 0 0 0 0 0 0.0% 01-59800-811 BOND #1 PRINCIPAL 615,000 0 0 0 0 0 0.0% 01-59800-812 BOND #2 PRINCIPAL 245,000 0 0 0 0 0 0.0% 01-59800-820 LOAN INTEREST 192,953 0 0 0 0 0 0.0% 01-59800-821 BOND #1 INTEREST 771,612 0 0 0 0 0 0.0% 01-59800-822 BOND #2 INTEREST 576,335 0 0 0 0 0 0.0% 01-59800-830 FINANCIAL AGENT FEES 500 500 0 450 0 50 10.0% TOTAL DEBT SERVICE 3,065,988 500 0 450 0 50 10.0% OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERV FUND 0 3,065,488 0 3,065,538 0 (50) 0.0% TOTAL OTHER FINANCING USES 0 3,065,488 0 3,065,538 0 (50) 0.0% TOTAL DEBT SERVICE 3,065,988 3,065,988 0 3,065,988 0 0 0.0% Page 24 of 25 TOTAL EXPENDITURES 11,263,200 12,263,200 515,323 10,461,202 1,119,712 682,287 5.6% REVENUES OVER/(UNDER) EXPENDITURES 0 0 (572,720) 699,753 (1.119,712) 419,959 0.0% Page 25 of 25 VI. CONSENT AGENDA: C. Approval of Commercial Fa~ade Grant to Monnin Properties in the amount of $15,000 with an Exception to Program Guidelines 1IJ~~~Y~T2~ eRA iIi East Side~ West Side~Seaside Renaissance eRA BOARD MEETING OF: October 14,2008 I XI Consent Agenda I I Old Business I New Business I I Legal I I Other I SUBJECT: Approval of Commercial Fac;ade Grant to Monnin Properties in the Amount of $15,000 with an Exception to Program Guidelines SUMMARY: Mary Ann Monnin, owner of Monnin Properties, LLC (the applicant) is requesting a commercial fac;ade grant for her property at 611 NE 3rd Street. Ms. Monnin recently constructed the industrial building and has had difficulty getting tenants due to the cost of build-out for the bays. Therefore Ms. Monnin is requesting a waiver from the normal commercial fac;ade program guidelines which allows only for exterior improvements. Under the current program guidelines, build-out is not an eligible expense. Ms. Monnin has two businesses interested in leasing the spaces but they are requesting that the owner pay for the build-out. The $15,000 requested will allow the applicant to complete the build-out and thus to complete the redevelopment of the property and bring two new businesses to the area. The applicant meets all the other program guidelines. FISCAL IMPACT: $15,000 CRA PLAN, PROGRAM OR PROJECT: Commercial Fac;ade Program RECOMMENDATIONS: Staff recommends approval of a Commercial Fac;ade Program grant to Monnin Properties at 611 NE 3rd Street in the amount of $15,000 with a waiver of number 3 of the program guidelines. ~tO& Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Monnin Properties LLC Commercial Facade.doc BOYNTON BEACH CRA COMMERCIAL F A(ADE PROGRAM APPLICANT(S) NAME: MONNIN PROPERTIES, LLC AMOUNT OF FUNDING REQUESTED: $15,000 PROPOSED ACTIVITIY: BUILD-OUT ASSISTANCE ITEMS INCLUDED FOR REVIEW: 1. EXECUTED APPLICA nON 2. BUSINESS PLAN INCLUDING: . DESCRIPTION AND BACKGROUND OF COMPANY . MARKETING PLAN . COMPETITION & PRICING OVERVIEW . FINANCIAL PROJECTIONS . SCHEMA TICS OF PROPOSED BUILD-OUT . EXECUTED LEASES ON PROPERTY TO DATE . PICTURES OF EXTERIOR OF PROPERTY AFTER REHABILIT A nON ':< :~<tYNTe~ C ":.~~, , .. V~il. A . iii East Side-West Side-Seas.lde Renaissance 2007/2008 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFROMATION Name of Property 1.1 au }--If-bn !Y\(n II 11\ Owner: Address of Property ') fu , Owner: ( /1 ( I . ,< I\+'LC~0i- \02. 'J City/State: \\. "~I v"\~n ~-Y":"( l'--.. ~'c. . --:: .,;t -?- ZIp Code: ~ ~) \ / -) L.J { Phone # Day: -- (( =>) '~:j_-5 ~S Ie L c)lc: I '-1/ 0?( 113 Evening: <)'1.(" I Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): (\, ( (" ~\ 11"-, (}, Lj).-7 -h (~\ {f ( ~ '~l " . ,C [-t. C ., (i" /.), )(, v\f-1'.\ -J- . ({'j, \ +n I L {(.t', 7 I ~). 'r.J. ~~ ~''J ') 1-\ I Lt l-J .i Ilfl Y'j ~1 ('L' ,t F\ r,\ 'Ii. If Different from Property Owner Name of Business: Address of Business: City/State: Zip Code: I Phone # Day: Evening: ~"._--_... Type of Business: ------ -- -- - - ---------- ------ ------------------- ---- ------ Years of Operation: Number of Employees: Annual Payroll: ~- .------. Number of Employees residing in Boynton Beach: PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fa9ade Grant Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterior improvements for this program include: . Painting. . Shutters. . Signage (located on the building or the property). .. Awnings/canopies. . Doors/windows. . Landscaping around the building. . Irrigation. . Parking lot re-paving, re-sealing, re-striping. . Exterior Lighting. . Patio or decks connected to the building. . Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement). . ADA improvements. 4. All work must be in compliance with applicable Boynton Beach Building Codes and. all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. } 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a dollar for dollar matching grant for eligible fagade improvements up to a total of fifteen thousand dollars ($15,000.00) of CRA funds. 6. The Fagade Grant program will honor expenditures completed up to 90 days prior to application, improvements underway and proposed improvements. 7. The Fagade Grant program may only be used one time in any three year period for anyone property. Properties may re-apply for additional grants any time after three (3) years from previous grant approval. Project phasing of up to two years can be requested. Property owners may receive grants for multiple property locations. Applicants shall be limited to one grant per CRA budget year (October 151 to September 30th). 8. The scope of work that is to be paid for with CRA funds for must be completed no later than 120 days from the approval of the grant by the CRA Board. 9. Disbursement of grant funds shall only occur if the following conditions are met: a. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City Building Department. b. Entire scope of work is completed. c. Applicant provides "After" photos. 3 - APPLlCA liON PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256 2. An original application and eight (8) copies of all materials are to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the eRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to insure that their submitted application is properly time stamped to document receipt by the CRA. 3. Upon approval, appropriate grant program documents will be prepared in the CRA Attorney's office and the applicant will be notified of approval by return mail. 4. The CRA will administer the commercial exterior facade program. In addition to the appropriate City inspections, the CRA will inspect the work to determine satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and understand all aspects of the Fayade Grant Program Agreement, including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. 4 PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: . Project work write-up(s) describing in detail the scope of the project, . Plans or sketches if applicable, . Site plan and plant list for landscape projects, . Third-party cost estimates from three (3) licensed contractors, . Estimated time line, . Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), . A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", . Signage design with colors & materials proposed if applicable, . Project color chips I material samples if applicable, . And material specifications. Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agree ent, and I understand and agree to comply with its content. I'; /! 1,'[ 1(/f/GV / 1/ /- )'1 ,/)" S/\ h. ,\ Ii / P j~4 //" " X'"< #1 ' \ \' ~.' '. Witne (Date) (Date) rope Owner (Property owner's signature must be notarized) Witness (Date) Tenant/Business Owner (Date) eRA Director (Date) 5 STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, ~ ----~-------..__... personally appeared _~__, who i~~~O me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this q day of ~_, 200-.8 /, / " / / r' ( NOTARY PU~ J":;i'UH"__'- RAYMOND C. LANZI ftCMn- My Commission Expires: ) II 2-/~1/ i' :\ Expires 7/11AOtt I I ./ L.._ F'IIItdI...-..... 6 Business Plan for Monnin Properties, LLC Background Monnin Properties, LLC was incorporated in 2000 as a limited liability corporation. The focus of the business is real estate development specializing in commercial properties, both new construction and rehab. Originally, the company was formed focusing on residential development; however, with the escalating insurance rates and property taxes, the needed level of rents could not be supported. The residential properties were sold and the focus switched to commercial properties. The first commercial properties were purchased along 30th and Congress. The 2 warehouses were successfully rented out very quickly. Expanding upon its success, additional industrial space was purchased at 611 NE 3rd Street in the Boynton Beach Community Redevelopment Area. The property was purchased in December 2005. The property was rehabbed to the point where it is today with personal financing. The property consists of 4 individual bays available for lease. Bay #4 is currently leased up to a paving contractor. Leases have been executed on 2 of the 3 remaining bays with tenants to take occupancy in the very near future. Funding Request Monnin Properties, LCC is requesting $15,000 from the commercial fa9ade program and a waiver to allow the build-out to be an eligible expense. The original contractor, who did an outstanding job, can complete this project as designed by the architect and approved by the City. Specifically, the funds would be used to construct office spaces within the bays in order to lease them up to interested businesses. Leases have been signed with the expectation the space can be build-out by Monnin Properties. We are very proud of our building and glad to be involved with the CRA's vision for this area. We are hopeful the CRA can be of assistance. Marketing Interest has been very strong in the property. To attract tenants, Monnin Properties, LLC has worked closely with the Business Development Board of the Palm Beaches. In addition, advertising in local venues has proven successful. 2 interested tenants have executed leases conditioned upon the bays having been built-out completely with office space provided. The interested tenants have not had the ability to complete the build-out themselves for one reason or another. In order to lease up 2 of the bays, the bays need build-out. The total amount needed is approximately $20,000 of which Monnin Properties, LLC can contribute approximately $5,000, leaving a balance of $15,000. Competition & Pricing Most new commercial warehouse/office construction has been west of 1-95. Although the economy is in a downward spiral, the limited amount of industrial space within the City of Boynton Beach bodes well for the lease up of the property. The only rental industrial/warehouse space within the immediate area is on the same street, NE 3rd Street. The property owners have 1700 sq ft and are asking $1850/month, or $13.06. They have an office space and 3 bay garage doors; however, the condition of the bays and property are greatly inferior. Other rentals found are west of 1-95 at the end of Industrial Road. One larger unit of 2200 sq ft is for rent with an asking lease rate of $10 per sq ft per year for the first year and $11 per sq ft for the second year on a 2 year lease. Also available are warehouse rentals off Congress and 30th Street at 1400 sq ft or more. Average rents go for $12 per sq foot per year. The current asking lease rate for the property located at 611 NE 3rd Street averages $18.18. The smaller sizes of the bays provide a competitive advantage over other available properties. With the economy performing poorly, many businesses have downsized their operations and thus are requiring less space. In addition, the spaces can operate as retail as well for certain businesses, which generates greater revenue. Monnin Properties, LLC Ooeratina Proforma for 611 NE 3rd Street Assumptions 1. Income trended at three percent (3%) per year. 2. Expenses trended at four percent (4%) per year. 3. Commercial Rentable Sq. Footage: Bay #1 810 - Rent of $1.200 Bay #2 810 - Rent of $1.000 Bay #3 813 - Rent of $1.000 Bay #4 1000 - Rent of $2.000 (includes outdoor storage space) Total 3433 sq ft $5,200 4. Avg Lease Rate: $18.18 Income Assumptions Oct '08 Nov '08 Dee '08 Jan'09 Feb'09 March '09 ADril'09 Mav '09 June '09 Jul" '09 AUQ'09 Sem '09 Oct'09 Nov '09 Dee '09 Scheduled Commercial Rents $5.200 $5.200 $5.200 $5,200 $5.200 $5.200 $5.200 $5.200 $5,200 $5,200 $5.200 $5,200 $5,200 $5,200 $5.200 Less: Vacancy $1,000 $1,000 $1,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal $4.200 $4,200 $4,200 $5,200 $5,200 $5,200 $5,200 $5,200 $5,200 $5,200 $5,200 $5,200 $5,200 $5,200 $5,200 State Sales Tax $252 $252 $252 $312 $312 $312 $312 $312 $312 $312 $312 $312 $312 $312 $312 Total Effective Gross Income $4,452 $4,452 $4.452 $5.512 $5,512 $5,512 $5,512 $5,512 $5,512 $5.512 $5,512 $5,512 $5,512 $5,512 $5,512 Expense Assumptions Maintenance $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 Legal $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 Advertising/Marketing $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 Utilities $115 $115 $115 $115 $115 $115 $115 $115 $115 $115 $115 $115 $115 $115 $115 Insurance $302 $302 $302 $302 $302 $302 $302 $302 $302 $302 $302 $302 $302 $302 $302 Replacement Reserves $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 Real Estate Taxes $360 $360 $360 $360 $360 $360 $360 $360 $360 $360 $360 $360 $360 $360 $360 Sales Tax $252 $252 $252 $312 $312 $312 $312 $312 $312 $312 $312 $312 $312 $312 $312 Total Expenses $1,304 $1,204 $1,204 $1,264 $1,264 $1,264 $1,264 $1.264 $1,264 $1,264 $1,264 $1,264 $1,264 $1 264 $1,264 Net Operating Income $3,148 $3,248 $3,248 $4,248 $4,248 $4,248 T $4,248 I $4,248 $4,248 T $4,248 T $4,248 I $4,248 $4,248 $4,248 $4,248 Debt Service (Mortgage) Debt Service Coverage Rallo Cash Flow Monnin Properties, LLC Operating Proforma for 611 NE 3rd Street Assumptions 1. Income trended at three percent (3%) per year 2. Expenses trended at four percent (4%) per year 3. Commercial Rentable Sq. Footage: Bay #1 810 - Rent of $1 ,200 Bay #2 810 - Rent of $1,000 Bay #3 813 - Rent of $1,000 Bay #4 1000 - Rent of $2,000 (includes outdoor storage space) Total 3433 sq ft $5,200 4. Avg Lease Rate: $18.18 Income Assumptions 2010 2011 2012 2013 2014 2015 2016 2017 2018 Scheduled Commercial Rents $64,272 $66,200 $68,186 $70,232 $72,339 $74,509 $76,744 $79,046 $81,418 Less: Vacancy (5%) $3,214 $3,310 $3,409 $3,512 $3,617 $3,725 $3,837 $3,952 $4,071 Subtotal $61,058 $62,890 $64,777 $66,720 $68,722 $70,783 $72,907 $75,094 $77,347 State Sales Tax $3,664 $3,773 $3,887 $4,003 $4,123 $4,247 $4,374 $4,506 $4,641 Total Effective Gross Income $64,722 $66,664 $68,663 $70,723 $72,845 $75,030 $77,281 $79,600 $81,988 Expense Assumptions Maintenance $1,560 $1,622 $1,687 $1,755 $1,825 $1,898 $1,974 $2,053 $2,135 Legal $390 $406 $422 $439 $456 $474 $493 $513 $534 Advertising/Marketing $780 $811 $844 $877 $912 $949 $987 $1,026 $1,067 Utilities $1,794 $1,866 $1,940 $2,018 $2,099 $2,183 $2,270 $2,361 $2,455 Insurance $4,711 $4,900 $5,096 $5,299 $5,511 $5,732 $5,961 $6,200 $6,448 Replacement Reserves $1,560 $1,622 $1,687 $1,755 $1,825 $1,898 $1,974 $2,053 $2,135 Real Estate Taxes $5,616 $5,841 $6,074 $6,317 $6,570 $6,833 $7,106 $7,390 $7,686 Sales Tax $3,810 $3,773 $3,887 $4,003 $4,123 $4,247 $4,374 $4,506 $4,641 Total Expenses $20,221 $20,841 $21,637 $22,464 $23,322 $24,214 $25,140 $26,102 $27,101 Net Operating Income $44,501 $45,823 $47,027 $48,260 $49,523 $50,817 $52,142 $53,498 $54,887 Debt Service $37,200 $37,200 $37,200 $37,200 $37,200 $37,200 $37,200 $37,200 $37,200 Debt Service Coverage Ratio 1.20 1.23 1.26 1.30 1.33 1.37 1.40 1.44 1.48 Cash Flow $7,301 $8,623 $9,827 $11,060 $12,323 $13,617 $14,942 $16,298 $17,687 II' ,".'''''''' 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""""""" -.,~~ ii I\La. .JAto ", ....., .' ~ io (SGI)' At1u 6~ -'. .'...., . ~ ) c ~ .rJi --...,~ ~Ai ~ ....-- €.~, ~ ......."...... ~/ ~-- o . --__ ,;,jp --- 10/03/2008 15:22 5512787374 [IECI<' AHD DRII./E PAC;E COMMERCIAL LEASE AGREfMEN1[ This lease is ml\de and entered into this s~ day of {J C.W'-1. , 2008, by and between MO~NIN PROPERTIES, LlC whose address is 11545 Old Ocean Blvd. 10. Boynton Beach, FL 33435 heremafter calle.j Lessor, and JEREMY POLSTON, whose principal place of business is 3010 Sw 14th Place, Bay 10, t.oynton Beach, Florida 33426, hereinafter called Lesseel. 1. PREMI: ,ES: Lessor hereby leases to Lessee and Lessee leases from Lessor for the term and conditio 11S hereinafter set forth: I ;11 NE 3l'd Street, Bay 2, Boynton Beach, Aorida 3343S, 2_ TERM: The term of the lease shall be for 12 months oommElnclng on November 1,2008, and contlnuj'lg until October 31,2009, unless sooner terminated as hereinafter provided. 3. RENTAl.: Lessee shall pay to Lessor 1 months' advance rent Rn the amount of $1,000.00 upon executi(!n of this tease. Such rental shall be payable in lawful money of the United Slates of Amelio;;. at the address of the Lessor as set forth in this Lea~~ or at such other place to which Lessor ~.hall have given Lessee notice_ Payments will be due <m the J ,,:>r of every month al1d if 10 days late a $50.00 late fee will apply. 4. TAXES ON OR IN RESPECT OF RENTALS: In the evenlt of the enac1ment, adoption or enforcer ilent by any governmental authority (including the Ul'1ited States, any state and any political or governmental subdivision) of any assessment, le\i'll or tax, whether sales, iJse or otherwis..;!!, on or in respect of the rentals and charges set forth herein, or on or in respect of the right to hase, use or occupy the leased premises, Lessee shall pay such assessment, levy or tax to Less< :r, or, at Lessor's option Lessee shall pay such assessment, levy or tax directly to the governn 'ental authority. 5_ SECUR~ TV DEPOSIi: Upon execution of this lease, LesseE' shall pay to Lessor a security depositn the amount of $1000.00 to secure the faithful performance by Lessee of all of the terms, c,mditions, and covenants of this lease. If Lessee fails to pay rent or other charges due under tr is lease or otherwise defaults with respect to any proyision of this lease, Lessor may use, apl,ly or retain any part of the deposit to cure the default or to compensate Lessor for all damage'; sustained as a result of lessee's default. If any part of the deposit is so used or applied, Lessee shall upon demand deposit cash with Lessor in an amount sufficient to restore the secl,.dty deposit to its original amount Lessee's failure to de) so shall be a material breach of this leas'~. 6. DEFAUI T: In the event Lessee shall default in the payment of the monthly rent as provided herein, I essor shall so notify Lessee in writing, and failure of Llessee to cure such default within five (5) (jays after the date the rent was due shall, at the option ()f the Lessor, work as a forfeiture of this Loase. or Lessor may enforce the provisions of this leasEt In any manner provided by law, and Les ';or shall have the right without further notice or demand to re-enter and remove all persons from Lessor's property without prejudice to any remedies for arrears of rent or breach of covenan ':, or Lessor may resume possession of the prop9l1y and relet the same for the remaind~ lr of the term at the best rental obtainable for the account of Lessee, who shall pay any deficient y_ In the e,'ent Lessee shall default in the performance of any of the terms or provisions of this Lease 01 her than the payment of monthly rent, Lessor shan so notify Lessee in writing. If Lessee Page 1 of 5 113/133/2008 16:22 5612787374 DECK AND DRIVE PAGE 03/11 shall fa~l to cure such default within fifteen (15) days after receipt of such notice or if the default is of Stich character as to require more than fifteen (15) days to cure and ~ shall fail to commE'nce to do so within fifteen (15) days after receipt of such notice and thereafter diligently proceed to cure such default, then such failure shall, at the option of the lessor work as a forfeitu1 e of this Lease, or lessor may enforce the proviSions of this lease in ~ny manner provided by law. Lessor may, at its option, cure such default and such expense shall be added to the ront otherwise due. 7. USE m PREMISES: Assisting Veterans with their Benefits. A Retail buSiness. 8. ASSIG~jMENT AND SUBLETTING: Lessee shall not assign this lease nor any interest in it and shall no~ sublet the premises or any part of it without Lessor prior written consent The Lessor shall ha'/e the right to assign or transfer its righ~ title, and interest in and to this Lease without the conkent of the Lessee. No assignment or sublease shall operate to relieve the assigning or sublettir\g party of any obligation or liability arising under the terms of this Lease unless the other party he reto shall specifically agree in writing that such proposed agreement shall so release ltIe assignil"1g party. 9. AL TERJ\TIONS, MECHANIC'S LIENS: lessee shall not make, direclly or indirectly, any atteratio:l$ without first obtaining the written consent of lessor. Any alteration shall become at once a r Qrt of the realty and belong to Lessor, subject to lessors right to require removal of the altaratiol and restoration of the premises. Lesseeihall have no authOrity to create or place any lien or encumbrance of any kind whatso~,er upon or in any manner to bind the interest of the lessor in the demised premises, and LeSbee covenants and agrees promptly to pay all sums legally due and payable by it on account >f any labor performed on the demised premises upon which any lien is or could be asserted upon the demised premises or the improvements thereon. 10. REPAIR;: Lessee, during the term of this Lease Or any extension or renewal of this Lease, shall, at its expense, make all repairs as shall be reasonably necessary to keep said leased premise i in good condition and repair. Lessee further agrees that all damage or injury done to the pren',ises by Lessee or by any person who may be in or upon the premises, except Lessor, Lessor's agents, servants, and employees, shall be repaired by Lessee at its expense. Lessee agrees SJt the expiration of this lease or upon the earlier termination thereof, to quit and surrender said prelr1ises in good condition and repair, reasonable wear and tear excepted. 11. INSURA"ICE AND INDEMNITY: a. PERSONAL PROPERTY INSURANCE: Lessor carries no insurance for Lessee's property. Lessee shall responsible for insuring its O\'lm property. t LIABILITY INSURANCE: Lessee hereby covenants and agrees that at all times during the tenn hereof, at Lessee's own cost and expense, to obtain and maintain and keep in force comprehensive general public liability insurance against the claims for personal injury, death or property damage occurring in, on or about the demised premises or on an occurrence basis with aggregate single limit coverage in an amount not less than $ I, ObO, 0Qp - _ for bodily injury I personal injury (including death) anCl $ ~ tJCt:I. - with respect to damage to property. lessee agrees that all of the above--noted insurance shall be non-cancelable without ten (10) days written notice to Lessor. Lessee and Lessor further COvenant and agree that the insurance required to be carried hereunder shall name the Lessor's lenders, if any, as additional insureds as their interests appear. Lessee shall provide Page 2 of5 10/03/2008 15:22 5512787374 DECf< A~m flP 1\/F Pi41:+ 1.1 " evidence of such insurance to Lessor at the commE~ncement of the term and on each renewal of the policy_ . INDEMNIFICATION: lessee shall keep, protect '~nd save the Lessor harmless of ". any lo.ss. costs. or expenses of any sort or nature, and from any liability to any person or entIty, on account of any damage to person or property arising out of any failure of lessee to comply with and perform with and perfc:>rm any of the requirements and provistons set forth in the Lease. Lessee further agrees to hold harmless from and to indemntIY Lessor against any and all claims maclE~ by anyone injured or otherwise damaged while in or about the premises whether occasioned by Lessor's fault or otherwise except those claims arising from the act or acts of Lessor or its employees. 12. CONDE MNATION: If the whole of the leased premises, or such portion thereof as will make premise'S unusable for the purpose herein leased, be condemned by any legally constituted authorit/ for any public use or purpose, then in either of the said events the term hereby granted shall ce,~e from time when possession thereof is taken by public authorities and rental shall be accounlf~d for as between Lessor and Lessee as to that date. If only a portion of the premises is taken sc: I as not to render the premises untenantable, this Lease shall continue in force as to the remainh'9 portion of the demised premises and in such event: the rental thereafter payable by lessee "hall be adjusted and prorated in the exact ratio that thEl value of the premises remaining after sllch condemnation bears to the value of the premises immediately preceding the condem'lation, and Lessor shall, at his own expense, make such repairs and alterations made necess.NY by condemnation. It is further understood and agreE~d that the Lessee shall not have any rlgh's in any award made by the condemnation authority. 13. BANKRUPTCY: Should Lessee make an assignment for the benefit of creditors, file for voluntaN bankruptcy or be adjudicated bankrupt, such action shall constitute a breach of this Lease ~ Ir which Lessor, at its option, may terminate all righb of Lessee or its successors in interest mder this Lease. 14. SERVICE OF NOTICE: Every notice, approval, consent or other communication authorized or required by this Lease shall not be effective unless the same shall be in writing and delivered either ir, person or sent postage prepaid by United States relgistered or certified mail, return receipt mquested, to the following addresses; LESSOI.::11545 Old Ocean Blvd, Unit D, Boynton Beach, FL 33435 LESSEE: 607 NE 3td Street, Boynton Beach, Florida 33435 or other address as either party may designate by notice given from time to time in accordance with thi5, Paragraph. Any notice given in accordance with the F)rovisions of this Paragraph shall be deer'led to have been given as of the date of such notice shall have been placed in the United ~;tates postal service. The rent payable by Lessee hereunder shaH be paid to Lessor at the samr;} place where a notice to Lessor is hereby required to be directed. 15. COMPLI ANCE WITH LAWS: Lessee will promptly comply with all applicable and valid laws, ordinanc'9s and regulations of Federal, State, County, Mun1cipal or other lawful authority pertainirl'~ to the use and occupancy of the leased premises. 16. ATTOR"-IEY'S FEES: If either Lessor or lessee shall obtain legal counsel or bring an action against 1 'le other by reason of the breach of any covenant, wanranty or condition of this lease or Page 3 of 5 113/133/213138 16:22 5612787374 DECK AND DRIVE PAGE 135/11 15. COMPliANCE WITH LAWS: Lessee will promptly comply with all applicable and valid laws ordinaMes and regulations of Federal, state. County, Municipal or other lawful authOritY pertaini'1g to the use and occupancy of the leased premises. 16. Arr:OR:\fEY'S FEES: If either Lessor or Lessee shall obtain legal counselor bring an action against the other by reason of the breach of any covenant warranty or condition of this lease or otherwil'.;e arising out of this lease, the unsuccessful party shall pay to the prevailing party reasontible attorney's fees and court costs, which shall be payable whether or not the aotion is proseCLted to judgment 17. WORK ra BE PERFORMED BY LESSOR: Lessor shall not be required to perform any work upon th,~ premises of any type or nature unless a special agreement to that effect is expressoo in a rider E,ttached to and forming a part of this lease. The rider shall be signed by both lessor and Lessee ,and shall clearly identify its applicability to this lease. 18. SIGNS l)R ADVERTISING: It is understood and agreed that any signs or advertising to be used in connoction with the premises shall be first submitted to Lessor for written approval before installation of sam(l!. 19. QUIET ENJOYMENT: Lessee upon paying the rent and performing the covenants and agreemt lnts of this Lease Shall quietly have, hold and enjoy the demised premises and all rights granted lessee in this lease during the term hereof and extensions hereto, if any. 20. SURRE~~DER OF PREMISES: lessee shall, after the last day of the term or any extension thereof, or upon any earlier termination of such term, surrender and yield up to Lessor the building and other improvements on the demised premises in good order, condition and state of repair, r'~asonable wear and tear and the provisions of the DAMAGE TO OR OESTRIUCTION OF PRE MISES Paragraph hereof excepted. 21. TRANSf 'ER BY LESSOR: In the event Lessor shall sell or transfer the premises and as a part of such tra"saction shall assign its interest as Lessor in and to this lease, then from the effective date' of wch sale, assignment or transfer, Lessor shall have no further liability under this lease to Lessee IIXcept as to any matters that have accrued and are unsatisfied as of such date. 22. HOLDfN G OVER: In the event Lessee continues to occupy the premises after the last day of the tenn hell!by created, or after the last day of any extension of said tenn, and the lessor elects to accept $Iid rent thereafter, a tenancy from month to month only shall be created under and subject 10 aU other provisions contained herein. In the event L.essor does not consent to such holding nver, a tenancy from month to month only shall be created at a rental amount equal to twice thE' rent payable if the lease were still in effect. 23. TIME IS OF THE ESSENCE: Time is of the essence in this lease and each of its provisions. 24. AMENDMENT: This lease contains all the agreements of the parties with respect to the subject matter a'ld cannot be amended or modified except by written agreement signed by Lessor and lessee. 25. INVALID ITY OF PROVISION: If any tenn, covenant, condition or provision of this Lease or the applicau In thereof to any person or circumstance shall, at any time, or to any extent, be invalid or unenl,:>rceable, the remainder of this Lease or the application of such term or pro\fision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be a.'fected thereby, and each tenn, oovenant, condition and provision of this Lease shall be valid ant enforceable to the fullest extent permitted by law. Page 4 of5 10/03/2008 15: 2~~ 5512787374 DECK Atm [IRI\:E PA(;f~- '1~,' 1 26. CAPT[CiNS; The captions appearing in this Lease are inserted only as a matter of convenience and in I 0 way define, limit, construe or describe the scope Or intent of Such Paragraphs of this Lease c,r in any way affect !his Lease. 27. COMPl iETE AGREEMENT: This Lease contains a complete expression of the agreement betwee'"' the partie$ and there are no premises, representations or indu~ments except such as are herE'in provided. 28. SUCCE3S0RS AND ASSIGNS: The terms, conditions and c>>venants of this Lease shall be binding Jpon and shall inure to the benefit of each of the parties hereto, their heirs. personal represelltatives, successors or assigns, and Shall run with the land; and where more than One party sh,ill be Lessor or lessee under this Lease, the word "Lessor" or "Lessee" whenever used in this LHase shall be deemed to include all Lessors or lessees jointly and severally. Executed by the. .essee this ~ day of ~dulo..~ ,2008 LESSEE: ~~("~~~ a/~..)J~ ~~/ - Wit'=!ss .~. l/ Exe(~uted by the 1.essor this day of ,2008 -~ t ." :,r I L LESSOR./' /'t ' :Tt - _._~-- 1/ /.;" ./ y: /, Wltn / Page 5 of 5 10/03/2008 15:22 5512787374 DECK AND DRIVE PAGE 07/11 COMMERC~LLEASEAGREEMENT This lease is made and entered into this I day of Ot2/, ~ , 2008, by and between MONNIN PROPI:RTIES, LLC whose address is 11545 Old Ocean Blvd. #0, Boynton Beach, Fl33435 . hereinafter callec; Lessor, and CHARLIE GROVE & ASSOCIATES. INC whose principal place of business is 2869 SE 1 sI PI; Ice, Boynton Beach Florida, hereinafter called Lessee. 1. PREMI*,ES: Lessor hereby leases to Lessee and Lessee leases from Lessor for the term and conditions hereinafter set forth: f 11 NE 3rd Street, Bay 1, Boynton Beach, Florida 33435 2. TERM: The term of the lease shall be for 12 months commencing on November 1, 2008, and continuillg until October 31,2009, unless sooner terminated as hereinafter provided. 3. RENTAl: Lessee shall pay to Lessor 1 months' ad'Vance rent in the amount of $1,200.00 upon executic 11 Of this lease. Such rental shall be payable in lawful money 01 the United States of America at the address of the Lessor as set forth in this Lease or at such other place to which Lessor ~hall have given Lessee notice. Payments will be due on the first day of each and every calendal month and if 10 days late a $50.00 late fee will apply. The first 'llOnth'S rent, last month's rent and security deposit shall be paid upon the execution of this leaSE:-. 4. TAXES' ':)N OR IN RESPECT OF RENTALS: In the event of the enactment, adoption or enforoerqent by any governmental authority (including the United States, any state and any political ,r govemmental subdiviSion) of any assessment, levy or tax, whether sales, use or otherwlM, on or in respect of the rentals and charges set forth herein, or on or in respect of the right to II lase, use or occupy the leased premises, Lessee shall pay such assessment, levy or tax to Lesso', or. at Lessor's option Lessee shall pay such assessment, levy or tax: directly to the govemm,;mtal authority. 5. $ECURI rY DEPOSIT: Upon execution of this lease, Lessee shall pay to Lessor a security deposit j'1 the amount of $1,200.00 to secure the faithful performance by lessee of all of the terms, 0 tflditions, and covenants of this lease. If Lessee fails to pay rent or other charges due under thiS lease or otherwise defaults with respect to any provision of this lease, Lessor may use. app'y or retain any part of the deposit to cure the default or to compensate Lessor for all damage: sustained as a result of Lessee's default. If any part of the deposit is so used or applied. '.essee shall upon demand deposit cash with Lessor in an amount sufficient to restore the secu' ity deposit to its original amount. Lessee's failure to do so shall be a material breach of this least- '. 6. DEFAUL r: In the event Lessee shall default in the payment of the monthly rent as provided herein, l!!ssor shall so notify Lessee in writing, and failure of Lessee to cure such default within five (5) d,.ys after the date the rent was due shall. at the option of the Lessor, wolt as a forfeiture of this L~!ase, or Lessor may enforce the provisions of this lease in any manner provided by law, and lesr.or shall have the right without further notice or demand to re--enter and remove all persons "rom Lessor's property without prejudice to any remedies for arrears of rent or breach of eovenan1, or Lessor may resume possession of the property and relet the same for the remaindtr of the term at the best rental obtainable for the account of Lessea, who shan pay any deficjenc .,. Page 1 of 5 5512787374 !)EC'l< At'-lD DRI',,'i=" PN+ '1;~\ ' 10/03/2008 15:22 remain(ler of the term at the best rental obtainable for the accclUnt of Lessee, who shall pay any deficiel1 ,:y. In the <<!vent lessee shall default in the perfonnance of any (:If the terms or provisions of this Lease (.ther than the payment of monthly rent, Lessor shall so notify Lessee in writing. If Lessee shall far~ to cure such default within fifteen (15) days after receipt of such notice, or if the default is of su(::h character as to require more than fifteen (15) days to cure and Lessee shall fail to commerlce to do so within fifteen (15) days after receipt of SUl~h notice and thereafter diligently procee<j to cute such default, then such failure shall, at the option of the Lessor, work as a forfeitur!~ of this Lease, ot Lessor may enforce the provisions of this lease in any manner provide I by law. lessor may, at its option, cure such default slIod such expense shall be added to the rE'nt otherwise due. 7. US~ OF PREMISES: Office for general contracting and home improvement business, 8. ASSIGN IVIENT AND SUBLETTING: Lessee shall not assign this lease nor any interest in it and shall not sublet the premises or any part of it without Lessor prior written consenl The Lessor shall ha\Je the right to assign or transfer Its right, title, and interest in and to this Lease without the cons.;!nt of the Lessee. No assignment or Sublease shall operate to relieVE!! the assigning or sublettin<.J party of any obligation or liability arising under the terms of this lease unless the other party heu~to shall specifically agree in writing that such proposed agreement shall so release the assignin!1 party. 9. AL TERA nONS, MECHANIC'S LIENS: Lessee shall not make, directly or indirectly, any alteratior\s without first obtaining the written consent of Lessor. Any alteration shall become at once a part of the realty and belong to Lessor, subject to Lessor's right to require removal of the alteratiOr' and restoration of the premises. Lessee s r1all have no authority to create or place any lien or encumbrance of any kind whatsoe\Hr upon or in any manner to bind the interest of the Lessor in the demiSed premises. and lesS! Ie covenants and agrees promptly to pay all sums legally due and payable by it on account c' f any labor performed on the demised premises upon which any lien is or could be asserted l'pon the demised premises or the improvements thereon. '10, REPA'R~;: Lessee, during the term of this Lease or any extension or renewal of this Lease, shall. at ,ts expense, make all repairs as shall be reasonably necessary to keep said leased premises in good condition and repair. Lessee further agrees that all damage or injury done to the prem"!la$ by Lessee or by any person who may be in or upon the premises, except Lessor, Lessor'S, tgents, servants, and employees. shall be repaired by Lessee at its expense. Lessee agrees at the expiration of this lease or upon the earlier tennination thereof, to quit and surrender said prerr lses in good condition and repair, reasonable wear and tear excepted. '! 1. INSURANCE AND rNDEMNITY: a. PERSONAL PROPERlY INSURANCE: Lessor carnes no insurance for Lessee's property. Lessee Shall responsible for insuring its own property. b. LIABILITY INSURANCE: Lessee hereby covenants and agree$ that at all times during the term hereof, at Lessee's own cost and e,cpense, to obtain and maintain and keep in force comprehensive generat public liability insurance against the claims for personal Injury. death or property damage occurring in, on or about the demised premises or on an occurrence basis with aggregate single limit coverage in an amount not less than $ I. 0001 OX) - _ for bodily injury, personal injury (Including death) and $ ~ (yy)- ~ with respect to damage to property. Page 2 of 5 113/133/213138 16:22 5612787374 DECK AND DRIVE PAGE 09/11 Lessee agrees that all of the above-noted insurance shall be non..cancelable without ten (10) days written notice to Lessor. Lessee and Lessor further covenant and agree that the insurance required to be carried hereunder shall name the Lessor's lenders, if any, as additional insureds as their interests appear. Lessee shall provide evidence of such insurance to Lessor at the commencement of the !enn and on each renewal of the policy. c. INDEMNIFICATION: lessee shall keep, protect and save the Lessor harmless of any loss, COSts, or expenses of any sort or nature, and from any liability to any person or entity, on account of any damage to person or property arising out of any failure of Lessee to comply with and perfonn with and perform any of the requirements and provisions set forth in the Lease. Lessee further agrees to hold harmles9 from and to indemnify Lessor against any and all claims made by anyone injured or otherwise damaged while in or about the premises Whether occasioned by Lessor's fault or otherwise except those claims arising from the aot or acts of lessor or its employees. 12. CONDEMNATION: If the whole of the leased premises, or such portion thereof as will make premiseh unusable for the purpose herein leased, be condemned by any legally constituted authority for any public use or purpose, then in either of the said events the term hereby granted shall OOcl5e from time when possession thereof is taken by public authorities and rental shall be accountt'd for as between Lessor and Lessee as to that date. If only a portion of the premises is taken $0 as not to render the premises untenantable, this lease shall continue in force as to the remaininq portion of the demised premises and in such event the rental thereafter payable by Lessee !.hall be adjusted and prorated in the exact ratio that the value of the premises remaining after SUI':h condemnation bears to the value of the premises immediately preceding the condemt;ation, and Lessor shall, at his own expense, make such repairs and alterations made necessal V by condemnation. It is further understood and agreed that the Lessee shall not have any right:, in any award made by the condemnation authority. 13. BANKRL PTCY: Should Lessee make an assignment for the benefit of creditors, file for voluntaf) bankruptcy or be adjudicated bankrupt, such action shall constitute ill breach of this lease fo~' which lessor, at its option, may terminate all rights of Lessee or its successors in interest IJ "der this Lease. 14. SERVlCI OF NOTICE: Every notice. approval, consent or other communication authorized or required ':'Jy this Lease shall not be effective unless the same shall be in writing and delivered either in person or sent postage prepaid by United States registered or oertified mail, return receipt te'1uested, to the following addresses: LESSOR I '?;''' 0\ 0 bee" '1 'Bl v d .J,I, -0 \ oyV\lun ~ec.Ci-...., PL 3?3Y~ lESSEE: ;>8 S ~ (04 Sl.;" I r ~/11 "hY1 bC'C... c t.-, F'L 33l/ or other ilddress as either party may designate by notice given from time to time in accordance with this I ~ragraph. Any notice given in accordance with the provisions of this Paragraph shall be deem! ld to have been given as of the date of such notice shall have been placed In the United Stites postal service. The rent payable by Lessee hereunder shall be paid to Lessor at the same place where a notice to Lessor is hereby required to be directecl. Page 3 of 5 55127:37374 [IECV AHD DRI\!E PAI;E 10/03/2008 15:22 15. COMPL lANCE WITH LAWS: Lessee will promptly comply with all applicable and valid laws, ordinanr :es and regulations of Federal, State, County, Municipal or other lawful authority pertainillg to the use and occupancy of the leased premises. 16, ATTORNEY'S FEES: If either Lessor or Lessee shall obtain legal counselor bring an action against : he other by reason of the breach of any covenant, warranty or condition of this lease or otherwi~;,e arising out of this lease, the unsuccessful party shall pay to the prevailing party reasonal)le attomey's fees and court costs, which shaH be payable whether or not the action is proseCUI ed to judgment. 17. WORK '1'0 BE PERFORMED BY LESSOR: Lessor shall not be required to perform any work upon thE"' premises of any type or nature unless a special agreement to that effect is expressed in a rider a'tached to and fOrming a part of this lease. The rider shall be signed by both Lessor and Lessee pod shall clearly identify its applicability to this lease. 16. SIGNS (IR ADVERTISING: It is understood and agreed that any signs or advertising to be used in connE'ction with the premises shall be first submitted to lessor for written approval before installatlc ,n of same. 19. QUIET I :NJOYMENT: Lessee upon paying the rent and performing the covenants and agreeme "ts of this lease shall quietly have, hold and enjoy the demised premises and all rights granted I essee in this lease during the term hereof and extensicms hereto, ff any. 20. SU~RENDER OF PREMISES: Lessee shall, after the last dBI)' of the term or any extension thereof, I Ir upon any earlier tennination of such term, surrender and yield up to Lessor the building .'Iod other improvements on the demised premises in good order, condition and state of repair, re,isonable wear and tear and the provisions of the DAMAGE TO OR OESTRIUCTION OF PREMISES Paragraph hereof excepted. ;~1. TRANSF,I:R BY LESSOR: In the event Lessor shall sell or transfer the premises and as a part of such tran'3action shall aSSign its interest as lessor in and to this lease, then from the effective date of Stich sale, assignment or transfer, Lessor shall have no further liability under this lease to Lessee e;,:cept as to any matters that have accrued and are unsatisfied as of such date. ~!2. HOLDINC. OVER: In the event Lessee continues to occupy the premises after the last day of the term heret)y created, or after the last day of any extension of said term, and the Lessor elects to accept Sri> id rent thereafter, a tenancy from month to month only shall be created under and subject to all other pro>lisions contained herein. In the event Lessor does not consent to such holding ol,er, a tenancy from month to month only shall be crealled at a rental amount equal to twice the I ent payable if the lease were still in effect. 23. TIME IS (iF THE ESSENCE: Time is of the essence in this lease and each of its provisions. 24. AMENDMI:NT: This lease contains all the agreements of the parties With respect to the subject matter and cannot be amended or modified except by written agreement signed by Lessor and Lessee. 25. INVAlIDI1 Y OF PROVISION: If any term, covenant, condition or provision of this Lease or the applicatiofi thereof to any person or circumstance shall, at any time, or to any extent. be invalid or unenfol,::eable, the remainder of this Lease or the application of such term or proviSion to persons 01 circumstances other than those as to Which it is held Invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition and provision of this Lease shall be valid and el,forceable to the fullest extent permitted by law. Page 4 of 5 10/03/2008 15:22 5512787374 DECK AND DRIVE PAGE 11/11 26. CAPTIC INS: The captions appearing in this Lease are inserted only as a matter of convenience and in \'\0 way define, limit, construe or describe the scope or intent of such Paragraphs of this Lease (Ir in any way ~ this Lease. 27. COMPl ErE AGREEMENT: This Lease contains a complete expression .of the agreement betweel" the partieS and there are no premises, representations or inducements except such as are hell'in provided. 28. SUCCe'3S0RS AND ASSIGNS: The terms, conditions and oovenants of this Lease shall be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal represet ItatiVeS. successors or assigns, and shall run with the land; and where more than one party sMII be Lessor or lessee under this Lease, the word GLessor'" or -lessee" whenever used in this Lf !8se shall be deemed to include all Lessors or Lessees jointly and severally. Executed by the . .essee this --L-.- day of 6r2.Jz '\b~ ,2008 LESSEE: ..... "').. ?' By '/4 a; () /1 (/'!- ~. ~ WitnesS .'\ I 1 { l ./ "'----... Witness Executed by the l r;!SSOr this day of ,2008 LESSOR: ~I/(~~ ~~ ~. 14..--11 ---. Witness I / I Page 5 of 5 c ~\""~, ~, ....- ::: ~ ~ -'" ",;,i . . , \. " '.' ,//7// / 1'// e .,..,....."~......-... ,..~;,;;;.rm.~;'i'.'::.,.'.~,.:.":'~:~:;::<m:~,:_'~\';;.;,,_$lr$~~--:'~r~1 '; VI. CONSENT AGENDA: D. Waiver of First Right of Refusal- Sasha Lagano-HAP Program 11~ i'" ~~~~Y~T2~CRA ill East Side-West S",de-Seaside Renaissance eRA BOARD MEETING OF: October 14, 2008 I x I Consent Agenda I I Old Business I I New Business I Public Hearing I I Other I SUBJECT: Approval Not to Exercise "First Right of Refusal" in HAP Mortgage for 1990 NE 5th Street, The Preserve SUMMARY: At the November 14,2007, CRA Board meeting, the Board approved a Homebuyers Assistance (HAP) Grant to Ms. Sasha Lagano for the purchase of 1990 NE 5th Street, in The Preserve which closed on January 18, 2008. On September 29, 2008, CRA staff received written notice from Ms. Lagano of her intention to sell her property. Under the terms of the HAP Agreement and Promissory Note, the grant recipient is required to notify the CRA of their intent to sell the property and the CRA is given 45 days to respond. In return for receiving grant funding, the HAP Agreement and Promissory Note specify an equity pay-out formula to the CRA for a thirty (30) year duration. Under Ms. Lagano's scenario, the CRA is to receive eighty percent (80%) of the equity earned from the date of her purchase, if any. Given the present real estate market conditions and current CRA property inventory, staff recommends waiving the "First Right of Refusal" terms as specified in the HAP Agreement and Promissory Note. FISCAL IMP ACT: None CRA PLAN, PROGRAM OR PROJECT: Homebuyers Assistance Grant Program RECOMMENDATIONS: Approval of the CRA's right to waive the "First Right of Refusal" terms as specified in the HAP Agreement and Promissory Note secured by the property located at 1990 NE 5th Street, The Preserve and currently owned by HAP grant recipient Sahsa Lagano. -.. ~~~ Mic ael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Waiving of First Right of Refusal-lagano-HAP prgrm.doc Sasha Lagano SE;) ') c /:j~1 , ,~. ,~' ~ <,fV'-, 1990 NE 5th St. Boynton Beach, FL 33435 Lisa Bright, Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 RE: HAP Program Funds 22 September, 2008 Dear Ms. Bright: Per Mike Simon's instructions I am providing the CRA with notice of intent to sell my condominium unit at The Preserve at Boynton Beach (address referenced above). I closed on my unit on 18 January, 2008 and received $50,000. in funding from the eRA. Until 1 receive correspondencefrorn you regarding the eRA's position I do not plan on listing the property for sale. Per Mike Simon it is unlikely that the CRA wiH purchase this property from me. However, in light of the present real estate market I am hoping that perhaps the CRA (or the Boynton Beach CDC) might be able to assist me m ~ocatmg a buyer that wouki qualify for the grant program who is looking for newer construction. Thank you in advance for your reply, as we11 as any assistance or infonnation that you can provide. Yours Truly, Sasha Lagano c!:>O\sh?.~0 - VII. INFORMATION ONLY: A. CRA Policing Activity Report for the Month of August 2008 and District Stats for the Months of August and September 2008 ~~~~Y~T8~ eRA iii East Side~ West Side~Seaside Renaissance eRA BOARD MEETING OF: October 14, 2008 I I Consent Agenda I I Old Business I I New Business I I Public Hearing IX I Other I SUBJECT: CRA Policing Activity Report for the Month of August 2008 and District Stats for Months of August and September, 2008 (Info. Only) SUMMARY: Monthly report, providing activity and data on Crime in the CRA District: Auaust 2008: . Crimes - 73 . Arrests - 15 . Calls for Service - 1504 September 2008: . Crimes - 64 . Arrests - 23 . Calls for Services - 1539 FISCAL IMPACT: Cost budgeted in 2007/2008 from General Fund Budget 01-53120 CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations RECOMMENDATIONS: Info. Only FISCAL IMP ACT: Cost budgeted in 2007/2008. CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations RECOMMENDATIONS: Info. Only T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\CRA Crime Monthly Stats.doc eRA Police Team MONTHLY ACTIVITY REPORT I MONTH: AUGUST 2008 I 08-04-08 . ',' 08-11-08 " "'i. ;',. ' ,J:}. t~: ' ~~.:.;~:::' ";t/,~~~>' .:<:i '~;'I',i';' ' ;}~~~;;;~;~i~~::f~iJ;;: ' t . "1'" '1 ~ . ,^ ,.' ""'"..,- . :',;:. .;.: :':'~J~~'~ Y , . .h~~';~t~~!~~~~. -------------- oj 08-18-08 ,.. ,", ;~~~ '. ,', ,',.,; ", .- .i<' 'to . ~ 08-25-08 .IITe\l\ ('olllruf'Ulld For!eililrel :jMis.,..:: ;~~m~."...,~~.'...':.~f.'.':..'~..~.r~{:,'1;'~ t gg~.;~~~~;;~{ ;11~~~i~{' 1"'".,.9.... ~" . ~~Jl~''',l',k.j:! FeldIl'; '.I' "'Ii"'" Metll1m"'h'etamirtts . .' ':'Vehicles , ".,._Y"",..",,,-,,,..,. ~_"_",_",p.,_.._._,_,,,_,,, .'" ,','",'.' _ ..," . ;J~~;t";":Nr: : " WarrantsExecuted;' ". '~" 'iUs 'i".~_.: '."''i,;"",:,~""",'~J:.'.~'v;:!,,h}'>ier'ik:j;lt'..'{, "'U'. F,'~ -, ;"f';' ...>...., ',;.'... '.' _ .,. ........ _ ' I TOTAL ARRESTS [1[] ScJteqHl~JII Schediiie'fv I ' ' ,Guns, Boynton Beach Police Department Year-To-Date Crime Report 2007/2008 CRA District SEPTEMBER 2008 CRIMES Sep-08 Sep-07 + /- Aug-08 + /- Y-T-D Y-T-D + /- 2008 2007 Criminal Homicide 0 0 0 0 0 1 2 -1 Sexual Offense 0 1 -1 0 0 0 4 -4 Robbery 5 9 -4 6 -1 61 49 12 Aaaravated Assault 11 8 3 8 3 97 115 -18 Burglary 11 21 -10 16 -5 120 148 -28 Larceny 30 35 -5 35 -5 278 316 -38 Auto theft 7 4 3 8 -1 55 37 18 TOTAL 64 78 -14 73 -9 612 671 -59 ARRESTS Sep-08 Sep-07 + /- Aug-08 + /- Y-T-D Y-T-D + /- 2008 2007 Criminal Homicide 0 0 0 0 0 1 4 -3 Sexual Offense 0 0 0 0 0 0 0 0 Robbery 6 2 4 3 3 27 9 18 Aggravated Assault 6 2 4 5 1 54 55 -1 Burglary 1 2 -1 0 1 14 30 -16 Larcenv 7 4 3 7 0 52 70 -18 Auto theft 3 0 3 0 3 8 2 6 TOTAL 23 10 13 15 8 156 170 -14 Sep-08 Sep-07 + /- Aug-08 + /- 1539 1469 70 1504 35 14522 -607 10/3/2008 VII. INFORMATION ONLY: B. Boynton Beach CRA and Trolley Website Updates JJ~~~Y~Te~ eRA iIi East Side~ West Side~ Seaside Rena',ssance eRA BOARD MEETING OF: October 14, 2008 I I Consent Agenda I I Old Business I I New Business I I Public Hearing I X I Other I SUBJECT: Boynton Beach CRA and Trolley Website Statistics SUMMARY: Year end report, generated by Google Analytics, providing data on the number of visitors to the CRA and Trolley websites: 2007/08 Fiscal Year Summary Aaencv Trollev September, 2007 889 308 October 1,083 285 November 1,401 373 December 1,102 325 January, 2008 1,377 498 February 1,509 543 March 1,213 482 April 1,589 614 May 1,235 563 June 1,353 639 July 1,286 565 August 1,144 601 September, 2008 971 448 Totals 16,152 6,244 FISCAL IMP ACT: Cost budgeted in 2007/2008 from General Fund Budget CRA PLAN, PROGRAM OR PROJECT: Transportation Concurrency Exception Area (TCEA) RE~OMMENDZ~~: Info. Only " ~ T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Monthly Website Stats Sept 093008.doc Dashboard - Google Analytics Page ,'; I' adelspergerm@ci.boynton-beach.fl.us I Settings I My Account I Help I Sign Qu1 Analytics Settings View Reports: www.boyntonbeachcra.com My Analytics Accounts: Boynton Beach CRA . I Dashboard I eM wE6si 1{ Saved Reports Export Email Visitors Traffic Sources Content Dashb... Aug 31, 2008 - Sep 30, 2008 Goals Settings Visits All Visits Graph by: Em~ll · M ;-\\.., /...1\. /\ / Help Resources . \ ~\ t ~\ I About this .-. .-. .-. .../ ...... ReQort Conversion i Sepember 1, 2001 I SfpIember I, 2001 ! September 15. 2001 :SetJlembern 2001 University l Site Usage -=_"'.,"""u-.....==,',.,."...,..,"'''''-_"''''"'''~_.=__..... =_...~"'.=-.-"'.., Common ~~...._-~----_....__._._-~-_.. - Ql.iestlons l"\.r '''\/"'...."\ /"--'''/ 971 Visits .. V\."./'. ..~ 47.89% Bounce Rate \ , 2,583 Pageviews ,I '\ 00:02:20 Avg. Time on }'\,! '-r\.A../ ~f"', lv' ."'~ ' Site ,'. .l..,I\...v\ll,." 2.66 PagesNisit ....j\.-f,..-J\..J " 52.83% % New Visits I - ..~ I '~'."'"""-"^'-~^',,,,, Visitors Overview Map Overlay , " - 596 Visitors view report view report I Traffic Sources Overview ~I Content Overview ~..- .....- L..L.L__ __ 1'-___ 1 I 1 " I "... "11""'\"-"'''''''-1'''''- '1 ^ 1"1 j;",\Af'\n Dashboard - Google Analytics Page 1 of2 adelspergerm@ci.boynton-beach.fl.us I SettinID! I My_Account I tielg I Sign Out Analytics Settings View Reports: www.boyntonbeachtrolley.com IJIt My Analytics Accounts: Boynton Beach Trolley. I Dashboard I ,<<OL~eY ~6S i~ Saved Reports [Eport J!- Email Visitors Traffic Sources Content Dashb.. . Aug 31,2008 - Sep 30,2008 Goals Settings Visits i All Visits Graph by: Email 30 30 Help !\I\j\ ^ I\. · Resources t,.,\./...." I ,/' .../...../ ,.,,,.,"'.......15 About this Report Conversion 1"'1,. l,,-uoI I",IUOI 1....12. 2001 I University I Site Usage I Common Questions ~ 448 Yi~1t$ ~ 29.69% a2Uoce R~te ~ 1,321 Pilglilvlew$ \.rA-vJ\ 00:02:43 Avg, Time on Site ~ 2.95 Page$lVi~it ~ 80.80% % New Yisit$ I Visitors Overview II Map Overlay I 30 30 , - 384 Visitors vlewDJlQ[t 'llewrep-ort I Traffic Sources Overview II Content Overview I https://www.google.com/analytics/reporting/?scid=2436191 10/1/2008 VII. INFORMATION ONLY: C. INCA Newsletter 4- . lews ---. ~ ~ '''''''-- '~".--- > ,.~ Past Presidents: Jerry Broening, Susan Buchanan, Harry Woodworth, Brian Edwards, Tom Willi, Maryanne Duncan, David Fellows, Suzette Urs, Buck Buchanan, Steve Homrich, Stan Nitkowski, Lulu DaCamara Board of Directors Me,eting Open to the General Membership Wednesday October 8,2008 @ 6:00 - 7:00 pm Location: Intracoastal Park Come one, Come all. Crucial Issues at Stake! New, New, New E~Mail List Update Meeting Date, Time & Location Many of you are receiving this Newsletter via email this month. More than 20% of you have provided Due to diligent and persistent work your email address. Thank you very much @ by our President, Belinda Murphy, Please send your name, E-Mail address, phone # with the CRA and their grant and street address to morris_g@bellsouth.net so you can be added to the list and receive the newsletter program, INCA has secured a electronically. NOTE: We DO NOT SHARE OUR EMAIL LIST with facility at the Intracoastal Park for anyone, and it will ONLY be used for legitimate INCA the next 12 months. related communication. Under no conditions will we ever share this list with anyone for any other reason, No matter how well intentioned Please note the new day and time: ***************************************************** Seeking WEB Designer 2nd Wednesday of each month The INCA Views is seeking a new web master 6:00 p.m. - 7:00 p.m. to come up with the new, (BETTER), web site. If you would like to volunteer to put a fresh look We look forward to seeing you at on our web image, please contact the meeting! morris _g@bellsouth.net INCA Views 1 --.. ...-.,-,.- INCA CONTACTS CALENDAR OF EVENTS OFFICERS President: Belinda Murphy 312-7546 Belindabythesea@bellsouth.net 760 Mariners Way Vice President: Jonathan Keith 752-2046 Jkeith@jwkpa.com 641 Shore Drive Treasurer: Brad Cooper 740-9579 URSCOOPER@aol.com 611 N.E. th Avenue Secretary: Paula Melley 310-3970 paula@mellevconstruction.com 720 Mariners MEETINGS Way Tue, Oct 7--City Commission @ 6:30 p.m. DIRECTORS Wed, Oct 8--INCA Open Board Meeting @ Coquina Cove: Pam Keith 752-2046 Intracoastal Park, 6:00 - 7:00 p.m. Pkeith@jwkpa.com 641 Shore Drive Tue, Oct 14-CRA @ 6:30 p.m. Harbor Estates: Genevieve Morris 732-5244 Tue, Oct 21-City Commission @ 6:30 p.m. morris q@bellsouth.net 660 South Road Harbor Hall Inlet Club II: Betty Rudy 752-0699 Fri, Oct 24-Boynton Inlet Committee @ Brudv67585@aol.com 689 N.E. 6th Court, #104 Intracoastal Park-9:30-11 :30 a.m. Manatee Cove: Pat Dolan 742-2966 Tue, Oct 28-P&D Board @ 6:30 p.m. N/A 704 Mariners Way Tue, Nov 4--City Commission @ 6:30 p.m Mangrove Walk: Nancy Chandler 767-0836 Tue, Nov 11-CRA @ 6:30 p.m. chandlern26@yahoo.com 914 N.E. ih Street Mariners Village: Susan Weeks 767-6480 Wed, Nov 12-INCA General Meeting @ spwplumb@aol.com 743-2 N.E. 1ih Terrace Intracoastal Park--6:00 - 7:00 p.m. Murano Bay: Bob Knorr 734-1462 BaQPipeBob@msn.com 3010 Murano Bay Drive (Meetings @ City Hall unless otherwise W.S. Shepard's Sub.: Betty Roe 436-8420 specified. ) businessmgr@palmbeachnational.com 637 Oak St Yachtman's Cove: John Alvaroe 738-9579 JOHNALVAROE@aol.com 680 N.E. 15th Place HOLIDAYS Thu, Oct 9-Yom Kippur Sun, Oct 12-National Children's Day Mon, Oct 13-Columbus Day (observed) Thu, Oct 16-National Boss Day Fri, Oct 24-United Nations Day Mon, Oct 27-Navy Day Fri, Oct 31-Halloween Sun, Nov 2-Daylight Savings Time ends (Set clock back 1 hr.) Tue, Nov 4-Election Day USEFUL LOCAL PHONE NUMBERS Tue, Nov 11-Veterans' Day Bovnton Beach P. D.-- Non-Emergency 732-8116 SPECIAL REMINDER Citv of Bovnton Beach-- 742-6000 Effective August 4--garbage, recycling, (Website: www.boynton-beach.orq) bulk/vegetation pick-up changed for INCA District II Commissioner-Woodrow Hay 310-7095 Citv Manaaer-- Kurt Bressner 742-6010 area; as follows: Garbage = Wed & Sat; Mavor-- Jerry Taylor 734-7940 BulklVegetation = Wed; Recycling = Sat --. INCA Views 2 VII. INFORMATION ONLY: D. Minutes of the Boynton Beach Arts Commission Meeting on August 26, 2008 . 'L MINUTES OF THE BOYNTON BEACH ARTS COMMISSION MEETING HELD ON TUESDAY, AUGUST 26,2008 AT 6:30 P.M. AT THE BOYNTON BEACH LIBRARY, BOYNTON BEACH, FLORIDA PRESENT: Barbara Ready, Chair Debby Coles-Dobay, Public Art Cheryl Arflin, Vice Chair Administrator Barbara Lentz Christine Moeller Nubia Richman (arrived 6:08 p.m.) Anderson Slocombe (arrived 6:14 p.m.) Halena Wolf Dana Cook, Alt Sherrie Tengbergen, Alt 1. Call to Order Chair Ready called the meeting to order at 6:01 p.m. II. Roll Call of Members Self introductions were made. A quorum was present. III. Agenda Approval Chair Ready noted Dana Cook would be leaving the meeting early. She explained Annette Gray was also present to make a brief presentation why she would like to be their facilitator. The members had no objection to hearing Ms. Gray's presentation first. Motion Ms. Lentz moved to approve the amended agenda. Ms. Moeller seconded the motion that unanimously passed. Debby Coles-Dobay, Public Art Administrator, explained there was brief discussion at the last meeting about a facilitator and the VisioninglMaster Plan for public art. Ms. Gray was present and could speak with the members and then answer any questions. Ms. Gray explained she has sat on both sides of the table - as a Board member, and as a facilitator. She explained she would move forward the Arts Commission agenda and programs, and would facilitate creativity and thought. She explained sometimes it 1 Meeting Minutes Arts Commission Boynton Beach, Florida August26,2008 helped to have an outside perspective to move elements along and be thought provoking with someone who was knowledgeable with the issues. She worked with the Boynton Beach CRA and for downtown West Palm Beach and had to deal with projects with a very limited budget. She has a love of art, but does not practice art and could point out issues and how they could beautify things. She would help the members move the creative process forward. Some debate would arise, but it would be handled efficiently and effectively so their visioning plan could become the best possible plan. Ms. Gray answered a few questions posed by the members. The goal was to stick with the plan the Arts Commission already had, just fine tune it to become a visioning plan. Ms. Gray was originally in marketing, but the second half of her career was in community redevelopment in Boynton Beach. Her skills in programming, facilitation, business development and economic development have come to the forefront of her career over the last eight years. Ms. Lentz believed the Commission needed a facilitator and explained there was a big difference between what the members were doing and using a facilitator. She explained she was in the Genesis model and complimented Ms. Gray on how she handled facilitating the model. Ms. Gray thanked the members for the opportunity to speak. IV. Approve Meeting Minutes A. Approval of July 22, meeting minutes There was agreement to strike the last paragraph of discussion on item VIII (A) Congress Community Park on page 5. There was a correction on page eight; the first full paragraph pertained to the Florida Trust for Historic Preservation, not the National Heritage Trust. Motion Mr. Slocombe moved to approve the amended minutes. Ms. Lentz seconded the motion that unanimously passed. B. Approval of June 14 workshop minutes Lisa Bright, CRA Executive Director, had reviewed the minutes of the workshop and emailed Ms. Coles-Dobay comments about them for clarification. It was noted the plans mentioned in the minutes were conceptual ideas and the concepts "could" happen as opposed to "would" happen. 2 Meeting Minutes Arts Commission Boynton Beach, Florida August 26, 2008 On a different issue, some members felt it was inappropriate to have a presentation during a workshop and that it was not a good use of time. Motion Ms. Moeller moved to accept the minutes of the June 14th workshop. Ms. Wolf seconded the motion that unanimously passed. V. Announcements A. September 23, 2008 - New meeting place and time Ms. Coles-Dobay explained there was no news about where they would hold the next meeting. The Chamber of Commerce was moving to Renaissance Commons and the prior meeting place was no longer available. There was discussion of the Arts Commission meeting at the Library. The meetings could continue until 8:30 p.m. and could begin at 6:30 p.m. as opposed to 6:00 p.m. The later time would assist some of the members who come directly from work. Ms. Coles-Dobay was exploring the Sims Center and noted they could meet in one of the other rooms in the Library when they were completed. B. Next workshop Meeting Date The next workshop date was set for October 11, 2008 from 10 a.m. until 2:00 p.m. Ms. Coles-Dobay would schedule a location and it was hoped that Intracoastal Park was available. VI. FAPAA Year in Review presentation A Florida Association of Public Art Administrators (FAPAA) slideshow was given. The presentation featured art from various artists that depicted work publically displayed throughout the State. Examples of some of the projects were: ~ murals ~ sculptures ~ laminated glass ~ multi-media pieces using light and metals and wood ~ terrazzo and acrylic reveals with embedded memorabilia including fossils ~ stone walls ~ suspended glass sculptures ~ monoliths ~ copper panels ~ other multi-media pieces The art pieces were displayed in a variety of public places such as: 3 Meeting Minutes Arts Commission Boynton Beach, Florida August26,2008 )0> recreation centers )0> beach resorts )0> waterfront parks and civic buildings )0> theaters and museums )0> Miami and Tampa International Airports )0> cruise terminals )0> public passenger/bus shelters )0> college libraries )0> parking garages )0> laboratories The art budgets associated with the projects varied from $3,000 to $5 million and some were incorporated into the infrastructure of the building while others were standalone pieces. A copy of the slideshow is attached to the meeting materials for review. There was a brief discussion regarding the art on exhibit at Miami Airport that was paid for by funds collected under an Art in Public Places Ordinance that was similar to the one enacted in Boynton Beach. Mr. Cook left the meeting at 6:54 p.m. VI. Avenue of the Arts A. Status of Installation Ms. Coles-Dobay explained the new art installations for the Avenue of the Arts would occur on September 3,2008 and the balance on September 11th, 2008. There was one piece left to be removed. Overall, the Avenue of the Arts was receiving good publicity. Everyone benefitted and the committee made good choices with the art they selected. The Rings of Promise artwork, which the City recently purchased, was $14,000 and the Seahorse was $20,000. The Seahorse would be made into a fountain at the Library and the artist would put in the elements to make the sculpture into a fountain. Ms. Coles-Dobay also obtained quotes for the base and found one contractor that would do the work for an amount that was within their budget. Ms. Tengbergen observed the sculpture at Veterans Park was dirty and getting damaged from the trees, which were messy. Ms. Coles-Dobay explained if the City owns the piece, there is a maintenance contract with the artist and the artist was responsible for its maintenance. Similar to the Veterans sculpture, Ms. Coles-Dobay noted the "Wave" piece was located in Wellington for many years. The piece came to Boynton Beach where it was closer to the ocean and car traffic. As a result, there was oxidation and rust on the base. Accordingly, the artist cleaned and maintained the artwork three times so far. There was also brief discussion of the Serena mermaid 4 Meeting Minutes Arts Commission Boynton Beach, Florida August26,2008 piece. Chair Ready announced the selected pieces for the Avenue of the Art were approved by the City Commission. VIII. Recreation & Park Projects A. Jaycee Park - (Documents emailed August 20) Ms. Coles-Dobay advised she had no updates on Jaycee Park, and the item would be brought back at a later time. Vice Chair Arflin distributed information obtained from the Finance Department and explained the documents reflected the Art in Public Places fund balance. It was thought when projects come before the members they needed to know what funds were available to make a reasonable decision. She also indicated she reviewed the Arts Commission's Guidelines and Ordinance. She explained from those two, she came up with the Arts Commission's responsibilities when it comes to approving and interacting with projects by third parties. She thought the members were floundering when it came to third party projects. She distributed an "Assessment of Public Art Projects Initiated by Third Parties." It was pointed out the distributed information was not on the agenda; however, Vice Chair Arflin contended it was important because the members would be asked to make decisions about Congress Community Park. She suggested the members look over the information, specifically the fundraising and unveiling plan, as well as the maintenance information. The members acknowledged they have to approve the maintenance plan and determine if it was appropriate. It was suggested using the document as a guideline. It was pointed out that some of the items on the Assessment of Public Art Projects document distributed by Vice Chair Arflin may be a duplication of process, because City Staff reviews the projects. The document; however, was intended to make the process more consistent. Further discussion whether the Arts Commission would be interjecting itself and dictating to a developer how they would go about the process ensued. The Committee was asked to approve projects they had nothing to do with. Ms. Coles- Dobay acknowledged the Arts Commission's purpose is to advise the City Commission on matters related to the arts. The City would review whether the item was a park project or a development project. While the items do not go through site plan review, the projects undergo a Planning review. Then a recommendation is made to the City Commission. The members also recognized there are two different plans such as the Visioning Plan and the Master Plan and there may be some repetition. The developer does not come to the Arts Commission and make a presentation, rather Ms. Coles-Dobay goes to them and receives a report. She then distributes a final project list to the members. This process was used with the new Fire Station and Emergency Operations Center. The 5 Meeting Minutes Arts Commission Boynton Beach, Florida August 26, 2008 Arts Commission created the concept of public art for them and a museum was created in the lobby of the facility. The City Commission looks to the Arts Commission for their expertise in reviewing the projects and whether they feel what is proposed is appropriate in terms of cost and public art. The Arts Commission has subcommittees and selection panels to ensure the artists are public artists, and to review their qualifications and their work. She explained these issues have been addressed all along and if the members wanted a tool, they could explore that. The document could provide a baseline criterion which could avoid someone returning and complaining. There was agreement the members would review the document and put it on a future agenda. Another item the document suggested be reviewed, pertained to developing a file of known projects to use as a resource. Ms. Coles-Dobay explained that aspect had already been addressed. B. Congress Community Park Chair Ready announced the Congress Community Park was funded. When the project is completed there would be a grand opening. Ms. Tengbergen requested notifying her and she would try to get a film crew there. There were still some unresolved issues, however, associated with the park. One of those concerns pertained to a sculpture having cutouts. It was discussed there were some measures that could be taken to ensure the piece would not have safety issues. Ms. Coles-Dobay explained the safety concerns were already addressed. The City Engineer reviewed the project and the artist would be smoothing the edges; there would be no pieces sticking out, or rough walls. Further discussion ensued there are many items that are reviewed during a project review and if the project was approved, it is not the task of the Arts Commission to enforce the Codes. It was thought if the Arts Commission sees a problem, it should be addressed as part of due diligence. It was thought attaching their concerns to a project when it goes to the City Commission would be sufficient to put them on notice there may be liability issues. The cost for the walls created by Beth Ravitz for the park was discussed since a concern was raised about it at the last meeting. It was noted, at times, cost was relative and generally large projects have a better cost. Material costs change every day and vendors give prices that are only good for 10 days. After seeing the FAPAA presentation of public art, it was thought the price was reasonable. The timeline for the project was also supposed to be reviewed according to the guidelines distributed earlier; however, the Arts Commission did not want to be responsible for holding up the project. The members were asked to read the guidelines, and ensure the documents were appropriate or should be modified. 6 Meeting Minutes Arts Commission Boynton Beach, Florida August 26, 2008 Chair Ready asked for a motion to approve the Congress Community Park as they know it. Motion Mr. Slocombe made a motion to move forward to approve. Ms. Lentz seconded the motion that passed 6-1 (Ms. Arflin dissenting.) IX. CRA Beautification (AKA) Dumpster Mural Report A. Status (emailed documents and website images, August 21) Ms. Coles-Dobay had previously emailed the members documents and images depicting what was accomplished. There were 10 dumpsters and the CRA made the determination they have the funds to paint more. The members were asked to be on the lookout for locations to place additional dumpsters. It was noted the project was considered a temporary art project with an anticipated life span of only so many years. The dumpster is painted and a protective coating is used to prolong the life of the artwork. Unfortunately, chipping was noted to be inevitable. X. Unfinished Business A. Master Visioning Plan Facilitator Vice Chair Arflin had several objections to using a plan facilitator and distributed the Master Planning Structure using Article XI Arts Commission, of Chapter 2 Administration, Part II Code of Ordinances for Boynton Beach indicating what has to be included in the master plan. She thought it was irresponsible to spend $900 for a facilitator, per session, for four sessions, when the Art in Public Places fund was in the negative. She expressed the members needed to become a cohesive unit to work through problems. She felt there was a problem with the procurement process. She also expressed concern about conflict of interests and cautioned about spending public funds without going through the bid process. Additional discussion took place about the facilitator being paid out of the Art in Public Places budget. Ms. Coles-Dobay explained the fund had a negative balance carried over from the last three years. She reported the City Commission was aware of that fact and agreed to forward them the funds. The budget next year had the line items to run the program, and the goal of the Arts Commission was to develop a Master Plan! Visioning Plan. The Master Plan, meaning Guidelines and Recommendations were already adopted under the Ordinance. They need a Visioning Master Plan. The Mission Statement was already adopted. Chair Ready explained the last time this was discussed, it was tabled. 7 Meeting Minutes Arts Commission Boynton Beach, Florida August26,2008 Motion Ms. Moeller moved to put on the table the consideration of having a facilitator. Ms. Wolf seconded the motion that unanimously passed. Vice Chair Arflin explained the motion should be to take it off the table. Motion Ms. Wolf made a motion that the Arts Commission not hire a facilitator. Chair Ready explained motions are to be framed in the positive. Ms. Wolf moved to work without a facilitator. Ms. Arflin seconded the motion. Ms. Wolf amended her motion to include the words, "at this time". Ms. Arflin agreed to the amendment and the motion passed 6-1 (Ms. Lentz dissenting.) XI. New Business A. Art Donation Ms. Coles-Dobay distributed information about an art donation. The donor was an artist and a student who had exhibited in various arts fairs and circuits. The piece is a ceramic piece that makes a statement about senior citizens, and more specifically, the neglected senior citizens. Ms. Coles-Dobay explained she approached the Director of the Senior Center who indicated he would be interested in accepting the piece at the Center, if it was appropriate. The artist indicated she would make a base for the artwork. The members discussed the piece evoked strong sentiments and felt it was not appropriate for the Senior Center. Other sentiments expressed were that art did not have to be pretty. The location of the piece did not need to be decided on at the meeting. Motion Ms. Arflin moved to accept the gift and immediately respond to the artist expressing gratitude for thinking of them and they would delay determining where the piece would go until they've had time to consider it further. Ms. Wolf seconded the motion that passed 6-1 (Ms. Moeller dissenting.) Ms. Coles-Dobay suggested referring to the guidelines and recommendations because it has methods of accepting donations. B. Norm Gitzen, Endangered Species artwork presentation 8 Meeting Minutes Arts Commission Boynton Beach, Florida August 26, 2008 Ms. Coles-Do bay distributed information regarding Mr. Gitzen's work for the next meeting. She explained he would like to attend the next meeting to showcase the art. Vice Chair Arflin objected to artists coming to the meeting to try to sell their work and thought the Arts Commission needed to promulgate a Board Governance document. There was consensus the members did not want to be bogged down with sales pitches, but agreed great information was distributed regarding the work. It was thought the artist should respond to a call to artists. Ms. Coles-Dobay explained using a call to artists was not the only way to contact the artists. They could invite artists directly, and that was how they did the first and second Avenue of the Arts. C. Historical Public Art Markers This item was not addressed. XII. Adjournment There being no further business to discuss the meeting properly adjourned at 8:21 p.m. C! a-~;u'-v...i (~it:Vu) - Catherine Cherry d Recording Secretary 090808 9 VII. INFORMATION ONLY: E. Update on Boynton Beach Faith-Based CDC Development of 3 Homes on Seacrest " , f..-, " eRA BOARD MEETING OF: October 14, 2008 I I Consent Agenda I I Old Business I I New Business I I Legal I X I Other I SUBJECT: Update on Boynton Beach Faith-Based CDC Development of 3 Homes on Seacrest SUMMARY: The CRA and the Boynton Beach Faith-based CDC entered into a Purchase and Development Agreement (see attached) on December 18, 2006 to develop three single-family affordable homes on land owned by the CRA. The CRA sold the land to the CDC for $10.00. The CRA purchased the land in 2006 for $380,000 to prevent the City from being sued under the Burt J. Harris law since the City down-zoned the property from Local Retail Commercial to Low Density Residential. The CDC has completed the units but has not sold the units per the terms of the Purchase and Development Agreement. Two of the buyers they had lined up to purchase the units have either dropped out or been denied a mortgage. The third unit is scheduled to close within the next few weeks. Buyers are struggling with tighter lending rules and less down-payment assistance from the City and County. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS: Informational Only ~& . / . 1 ~>D-I\. \1ivian . Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\CDC Home Update.doc \ /, ~~<4 ."'" ....... :r'\\'.. : ,. "'1~\\\'1r~.' '. . ,.r', . .,' , . '. .. .", 'f,' " . 11 ~ ,"i)~" .,.. . .... It II ..\' ~ ';' I i I I I J . ~1r , .. . . ""- ..o...--.....,~ J , l\',,-, ~. ".\ 't"i, . ''\. '. \ ' '\ \ l~!' . From: Keturah Joseph Page! (.i! ' ~ at&t U'rint] [Clr From: Keturah Joseph <kjbbfbcdc@yahoo.com> To: vlbrooks@bellsouth.net Cc: brooksci@ci.boynton-beach.fl.us Subject: Re: 603-607 Seacrest Date: Monday, September 29,20084:06:22 PM Vivian: As we discussed on Friday, construction on all three units have been completed and the CO's for each unit were issued on 17/10/08 . The units were all "pre-sold" prior to construction however, two of the three "pre-approved" buyers were unable to proceed to closing as we approached the closing date. The buyer for 605 N. Seacrest informed the CDC that he was not able to come up with the $8,000 needed for closing and he canceled his contract. He used the "verified funds" he had for closing to pay for college tuition and other expenses intending to replace the funds before construction was completed but was unable to do so. We immediately secured another buyer for the unit. The current contracted buyer have obtained loan approved and the appraisal is pending. We hope to close that unit within the next 2-3 weeks. The sale for 607 N. Seacrest was delayed because the unit appraised for less than the contracted purchase price of $219,000. In July the unit appraised for $220.00 six weeks later in preparation for closing the lender requested a second appraisal and the appraised value decrease to $205,000. The file with the reduced purchase price of $205,000 is currently in underwriting pending final approval. Please note that the loan was previously approved, but because of the value issue it did not close on time and the loan approval expired. The buyer for 603 N. Seacrest was denied approval due to some immigration issues with the spouse. His legal status is unclear so the lender withdrew the loan approval during the "pre-closing" process. We have an interested buyer for the unit whose loan application has been submitted. We anticipate executing the sales/purchase contract for that unit within the next few days. The CDC has performed on items a thruj as delineated in 18.2 of the Purchase and Development Agreement. Regretfully, due to the current real estate and economic market conditions, buyers are experiencing difficulty in securing loan approvals due to unusually strict credit underwriting guidelines. We are working diligently to close the sale of these units and hope to do so within the coming weeks. Thank you for your understanding and patience. Please advise if you have any questions or comments. Thanks. ----- Original Message ---- From: "vlbrooks@bellsouth.net" <vlbrooks@bellsouth.net> To: kjbbfbcdc@yahoo.com Cc: brightl@ci.boynton-beach.fl.us Sent: Wednesday, September 17, 2008 2: 11 :00 PM Subject: 603-607 Seacrest Keturah, attached please find the Purchase Agreement between the CDC and the CRA. Pursuant to the terms of . " . ., .. .1 .. _1_.- TW/../..._IAQD1 A 1" ^{\{\{\QA 1'::;Ll{\{\{\{\'71,,)Ll,,),,),,)~()'7()hl,,)Qp.()A{Y)n'J()QQAOA nononnnQ From: Keturah Joseph Page 2 of2 the Agreement, please provide the CRA an update in writing on the progress of the project including the timeline for the closing of the properties, name of buyers, income levels, etc.. I need this information by next Friday. I have tried to call you on several occasions to get an update. I cannot e-mail to a yahoo account from my City e- mail, thus I am doing from my private e-mail. Vivian Brooks http://webmail.att.net/wmc/en-US/v/wm/48E 1415A0008A 1540000712422230706129BOA02D2089B9A... 09/29/2008 :'.fJ.:.".\.... .'.,~~,.\\ J!J~qy!te~ltRA . East Slde~West Side-Seaside Renaissance September 24, 2008 Ms. Keturah Josephs Certified/Return Receipt Interim Executive Director Boynton Beach Faith-Based CDC 2191 N. Seacrest Blvd. Boynton Beach, FL 33435 Re: Purchase and Development Agreement between the Boynton Beach CDC and CRA Dear Keturah, I have attempted to contact you on a number of occasions to no avail. Per the attached Purchase and Development Agreement executed December 12,2006, the CRA sold the CDC tlU'ee lots along SeaCl'est for $10.00 in exchange for the development oftlu:ee affordable homes. According to Section 18.4 of the Agreement, the CDC is obligated to have constmcted and sold the homes to income-qualified buyers by July 12,2008. The CRA has received 110 information 01' repOlt on the CDC's progress in selling the homes. I am requesting a written report on the CDC's progress and estimated timeline to complete the CDC's obligations under the Purchase and Development Agreement by October 10,2008. Please call me if you have any questions regarding this letter. ~~ 1/ i I /' l../~~~ V IVlan L. Brooks Assistant Director co: Lisa A. Bright, Executive Director Mike Simon, Development Director Jim Cherof, CRA Legal Counsel CRA Board of Directors 915 South Fedel"al Highway Boynton Beach. Florida 33435 Ph: 561-737-3256 Fax: 561-737-3258 /l'V1\'I.h( ~)'n tonht'},~u .Ill. r.t .~'nt I t . . . . . COMPLETE THIS SECTION ON DELIVERY . Complete Items 1, 2, and 3. Also complete A. Signature Item 41f Restricted Delivery Is desired. X o Agent . Print your name and address on the reverse o Addressee so that we call return the card to you. B. ReceIved by ( Printed Name) I O. Data of Datively . Attach this card to the back of the mall piece. or on the front If space permits. D. Is deflVery address different from Item 1? CI Yes 1. Article Addressed to: If YES. ente.r detlvery address below: DNa Ms. Ketumb Josephs Interim Executive Director Boynton Beach Faith-Based CDC 3. SeMce'tYPe 2191 N. Seaerest nIvd. .<~rtlfled Mall CI Expre8$ Mall Roynton Beach, FL 33435 CI Registered CI Return Receipt for Merchandise o Insured Mail o C.O.D. 4. Restrloted Dllllvet'y1 (EXtra Fae) DYes 2. ArtIcle Number 7007 1490 0001 6719 0888 (rransfer from service labl _m____".'. .-.-..~- I PS Form 3811, February 2004 Domestic Return REKielpt 1025115002.M-1540 I I - ~~,~"..\~,!...'t::t~'~.iel~'" ~. .-.. liT... 1 '-':;'1fn- ltf llOHNT OWN ST A 11 ON BOYNTON BEACH. Florida 33q359998 U.S. Postal Service ,n 1169180261 -0096 CERTIFIED MAIL" RECEIPT 09/25/2008 (800) 275-8777 03:21:00 PM cO (Domestic Mall Onty; Na Insurance Coverage Provided) Sales Receipt cd cO . " , " Product Sale Unit Final a (I ~-:~~f~i i~ !I Description Qty Price Price Ir BOVNTON BEACH FL 33435 $0.76 M HUE, i"- Postage S Zone-O First-Class ..n Letter M Certified Fee 2.80 oz. a Relurn Receipt Fee Return Rcpt (Green Card) $2.20 a (Endorsemenl Required) CertIfied $2.70 a Label H: 70071490000167190888 Reslctcted DetivelY fell a (Endommllnt Required) Customer Postage -l5.66 lr Subtota 1 : 0.00 .::t' 10lal Postage & Fees M Total: $0.00 l'- Paid by: a Cl l"- Order stamps at USPS.com/shop or call 1-800-Stam~24. Go to USPS.com/cllcknshtp to print s Ipptng labels with postage. For other Information call 1-800-ASK-USPS. Bill H: 1000402464167 (0'0'3 33<J~.9(::~. Cl erk: 08 <:" '1""('" QJ .1,1 \'., All sales final on starn '=> nd po~age. -...', Refunds for guaranteed s@ ices '0 ~ is; Thank you for your bu~ ness: J)' **ll*ll**ll*'/l'/lU*U'/lltU'/lltltllltllltllU~lt~ltltU 'f..O,l *1t**ll'/l'lr'K'/l'K'/l'/l'/lU'/l'/lUU'/l'/lllUUU ri'/('i~irlt.~_/ HELP US SERVE YOU BETTER " Go to: http://gx.gallup.com/pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS *1t***'lrllltltltltltltltltllllltltltltltltltltltltltltSltllllllSllllltllll ***lt1t*'/l1t***ltlt'/llt'/l**lt'/l'Kltllltltlt1tltllllltltllllllltllSltll Cu'>\OnI0I' (';opy PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement") is made and eittered into as ofthe. Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMuNITy REDEVELOPMENT AGENCY; a public agency created pursuw)t to Chapter 163, Part III, of the Florida Statutes (hel'einafter "SELLERU) and BOYNTON BEAcH FAITH- BASED COMMUNITY DEVELOPMENT CORPORA TrON (hereinafter "PURCHASER"), having an address of2191 N. Seacrest Blvd, Boynton Beach, Florida, 33435. In consideration of the mutual covenants and agreements herein set forth, the PW1ies hereto agree as follows: 1. PURCHASE AND SALEIPROPERTY. SELLER agrees to sell and cOlwey to PURCHASER. and PURCHASER agrees to pure base and acquire from SELLER, 011 the tenns and conditions hereinafter set f011h, the Propelty which consists of three parcels located in Palm Beach County, Florida (the "Prope11y") and more particularly described as follows: See Attached Exhibit "A". 2. PURCHASE PRICE AND PAYMENT, The Purchase Price to be paid for the Property shall be Tell Dollars ($10.00), receipt of which is hereby acknowledged. The parties agree tbat SELLER is conveying the Prope11y to PURCHASER for the construction of three single-family homes to be sold to families who earn below 120% of Median Household Income for Palm Beach County. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Propelty to PURCHASER. 3. DEPOSIT. Not applicable. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the. last one of the SELLER and PURCHASER has signed the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on ot before JWlUary 12, 2007 (the "ClosiI1g"), unless extended by other provisions of this A~reement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing; SELLER shan convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee silnple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Pemlitted Exceptions"): (a) general real estate taxes wld special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, e.asements, dedications, rights-of-way wld matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PUR~HASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. r PURCHASE AGREEMENT Page 2 of 13 '. - o. I 7. INVESTIGATION OF THE PROPERTY. During' the term of this Agreement ("Feasibility Period"). PURCHASER, and PURCHASER'S agents, employees, designees. Contractors, surveyors; engineers, architects, attorneys and other consultants (collectively, ctAgents"), shall have the right, at PURCHASER'S expense. to make inquides of, and meet with members of Governmental Authorities regarding the Property and to eilter upon the Property. at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business intelTUption, to perfonn any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period. PURCHASER may elect, in PURCHASER'S sole and absolute discretion. to telminate this contract. If PURCHASER el~cts to terminate this Agreemellt in accordance with this Section, PURCHASER shall: (i) leave the Propel1y in substantildly the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (Hi) release to SELLER, at 110 cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses; expenses, demands and liabilities, including, but not limited. to, attorney's fees, for nonpayment for services rendered to PURCHASER (inch.lding, without limitation, any construction liens resulting therefi'om) 01' for damage to persons 01' prQPe.rty (subject to. the limitatkHl on practicability provided above) arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations 1.1l1der this Section shall survive the termination, expiration or Closing of this Agreement. SELLER hereby agrees to indemnifY and hold PURCHASER hmmless from and against all claims, losses, expenses, demlqlds and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to SELLER 01' for damage to persons 01' property (subject to the limitation 011 p.racticability provided above) arising out of PURCHASER'S investigatiol1 of the Property. SELLER'S obligations under this Section shall survive the termination~ expu's,tion or Closing of this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Sectio11 768;28, Florida Statutes, and CRA does not otherwise waive its sovereign innnunityrights. 7.1 Seller's Documents. SELLER shall deliver to PURCHASER the following documents 81;ld instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including enviromnental, engineering, surveys, soil bodngs and other physical reports) in SELLER'S possession 01' control with respect to the physical condition of the Propeliy, if any. 7.2 Title Review. Within ten (10) days o.f the Effective Date, PURCHASER shall obtain, at the. PURCHASER'S expense, from a Title Company chosen by PURCHASER (he.remafier "Title Company"), a Title Commitment covering the property and proposing to insure PURCHASER ill the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instrUments identified as conditions or exceptions in Schedule B of the .Title Commitment. SELLER shall examine the Title Commitment and deliver written notice. to'PURCHASER-no later thml twenty (20) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title PURCHASE AGREEMENT Page 3 of 13 I (hereinafter "PURCHASER'S Title Objections'?). If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review pel'iod, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to diligently and ill good faith undeitake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cute and remove, or cause to be cured and removed, the PURCHASER'S Title Objectiol'i$ within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be retumed to PURCHASER and the Patties shall have no fl.ltther obligations ot liability here~U1der, except for those expressly .provided herein to survive tel1nination of this Agreement. Plior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Pi'opelty. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURHCASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections adsing from the Title Update shall be the same as objections to items appearing ill the Title Commitment, subject to the provisions ofthi8 Section. 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a. CUITel1t boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroaclunents on the. Property or that improvements located thereon encroach' on setback lines, easements, lands of others or violate any resttictions, covenants of this Agreement, or applicable govel'11mental regulations, the same shall constitute a title defect and shall be govel'11ed by the provisions of Section 7.2 concel'11ing title objections. 8. CONDITIONS TO CLOSING. PURCHASER sha11 not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 8.1 Representations and WalTanties. All of the representations and w811'anties of SELLER contained in this Agreement shall be tlUe al~d calTect as of Closing. 8.2 Condition of Property. The physical condition of the Property shall be the Saine on the date of Closing as on the Effective Date, reasonable weal' and tear excepted. 8.3 Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other gove~'nmental proceeding of any kind whatsoever, pending 01' threatened~ which has not been disclosed,'l?rior to closing, and accepted by PURCHASER. . PURCHASE AGREEMENT Page 4 of 13 ~ - ~ I 1 8A Compliance. with Laws and Relllilations. The Propelty shall be in compliance with aIt applicable federal. state and local laws, ordinances, rwes, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute arid deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed. A Wal1'8.11ty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Propelty free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall fumish to PURCHASER an owner's affidavit attesting that.. to the best of its knowledge, no individual or entity has any' claim against the Property under the applicable construction lien law; fUld that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is Wlable to delivel'its affidavits referenced above, the same shall be deemed an tmcured title objection. 9.3 Closing Statement. A closing statement setting f011h the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 9.4 COl1:ective Documents. Documentation required to clear title to the Property of all liens, enctuilbrances and exceptions, if any, other than Permitted Exceptions. 9.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS. CLOSING COSTS AND CLOSING PROCEDURES. iO.l Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the CUlrent year's millage is not fixed and cUlTent year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on pl'ior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. T . PURCHASE AGREEMENT Page S of13 I 10.2 Closing Costs. SELLER shall pay for docufnelltary stamps on the deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). 10.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing; (i) disburse the sale proceeds to SELLER;(ii) deliver the Closing Documents and a "marked-up" Title Commi1ment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. lOA Existing Mortgages and Other Liens.' At Closing, SELLER shall obtain, 01' cause to be obtained, satisfaction or release of record of all mOltgages, liens and judgments applicable to and encumbering the Property. ' 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. 11.1 Seller's Representations and W8.lTanties. SELLER hereby represents, covenants and warrants to PURCHASER, as oftlle Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been takeil to make this Agreement valid and binding on SEL.LER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authodzed to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of valid, good, mw:ketable and insurable fee simple title to the Property, free and cle8.l" of all liens, encumbra11CeS al1d restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1 Purchasees Default. In the event that this transaction fails to close due to a wrongful refusal to close or cIefault on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by; through or under PURCHASER, but not otherwise. 12.2 Seller'S Default. In the event that SELLER shall fail to fully and timely perfOlm any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, the~, notwithstanding anything to the contrary contained in this Agreement, PURCHASE AGREEMEN.T Page 6 of 13 '. ~ " I PURCHASER may~ at its option: (1) declare SELLER in default untter this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and neither Party shall have any fuliher rights hereunder. 12.3 Notice of Default. Prior to deelaring a default and exercishtg the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to detenrtine the action necessary to cure the default. The defaulting,Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension. shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non~defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination ofthis Agreement 13. NOTICES. All notices required in this Agreement must be in wdthlg and shall be considered delivered when received by cedified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Boynton Beach COlmnunity Redevelopment Agency Attention: Executive Du'ector, Lisa A. Blight 915 S. Federal Highway Boynton Beach, Florida 33435 With a copy to: KennethG. SpiIlias, Esq. Lewis, Longman &. Walke!', P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Paltn Beach~ Florida 33401 If to Buyer: Boynton Beach Faith Based Community Development Corporation Attention: David Zimet Street Address: 2191 N. Seacrest Blvd Boynton Beach) Florida 33435 14. BINDING OBLIGATION/ASSIGNMENT. The teInlS and conditions of this , Agreement are hereby made binding on, and shall inure to the benefit of~ the successors and permitted assigns of the Parties hereto. SELLER may ~ot assign its interest in this Agreement without the prior written conSent of PURCHASER, which shall not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER. \. . 15. RISK OF LOSS. In the eveilt the condition ofthe Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASE AGREEMENT Page 7 of 13 I PURCHASER may elect, as its sole option, to terminate this Agteement and the parties shall have no further obligations lmder this agreement, or PUlliICASER may accept the Pi'operty without any reduction in the value oftIle Propelty. 16. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall illdenmify, defend and hold harmless the other P~ty from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney;s fees) of any kind or character arising out of or resulting from any agreement, alTangement or understanding alleged to have been made by either Pmty or on its behalf with any broker or finder in cOlmectioll with this Agreement. However, SELLER'S indenmification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does 110t otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing 01' termination of this Agreement. 17. ENVIRONMENTAL CONDITIONS. To the. best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws; ordinances, regnlations, licenses, permits and authorizations, including, without llinitation, applicable zoning mld enviromnentallaws and regulations. 18. DEVELOMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge tbat the Property is being sold to PURCHASER for the sole purpose of developing, marketing and selling three single-family homes to families whose income does not exceed 120% of median household income for Palm Beach County as set by HUD. 18.1 Construction and Sale. PURCHASER agrees to construct three (3) single family homes pmsuant to the construction schedule and requirements provided herein. PURCHASER must construct all three homes concuLTently (phasing is not permitted). Each home may not exceed a sale price ofTwo~Htmdred and Thitty-Thousalld Dollars ($230,000.00). Each home must be sold to a first-time homebuyer and must be occupied by the owner. 18.2 Constl1iction Requirements. The following amenities are. required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified: a. Three (3) bedrooms with one master bedroom. b. Two full bathrooms including one in the master bedroom. c. The master bedroom must be a minimum of 13'x 14' and must C0l1tai11 a walk-in closet. d. Double kitchen sink. e. InteriOl'''and ~'Xteriol' light fixture package. r PURCHASBAGREEMENT Page g 0113 , - ~ I f. Ceramic tile in the entl'yway; kitchen and bathrooms; carpet elsewhere. g. Appliances Inust be new and include: washer, dryer, self-cleaning range, range hood, garbage disposal, refrigerator with ice maker and water line, and ceiling fans in all bedrooms and living room. h. Wiring for: al81ID system, cable, internet and phone. i. Window treatments must be mini-blinds or upgrade. . Automated in-ground sprinkler system, including swale. J. k. One-car garage. 1. ltnpact-resistant windows (Dade-County standards). m. Standing seam metall'oof. n. Landscaping must exceed City of Boynton Beach code requirements. o. Overall design of each home must confirm to the design. recommendations in the Heart of B.oynton ("HOB") Community Redevelopment Plan and the' HOB Maste~ Plans and' Schematic Designs. 18.3 Seller Design Approval. SELLER shall have the right to approve of the design of each. home and such approval shall be provided in writing to PURCHASER within three (3) business days of receipt offmal plans. 18.4 . Development Timeline. The. following events must be docwnented in \Yl'iting and provided to the SELLER upon completion of each. Time is calculated from the Effective Date. a. Secure Construction Loan within three (3) months (copy of funding commitment letter shall be provided to SELLER). b. Completion of construction documents within three (3) months (stamped plans shall be submitted to SELLER). c. Permitthlgand installation of project marketing sign which. is to include SELLER'S logo and board member names and shall be pre.:.approved by SELLER within four (4) months. d. Executed agreement with General Contractor within four (4) r months ( copy of executed agreement to be provided to SELLER). . PURCaASEAGREEMENT Page 9 oft3 I e. Homes. must be marketed within six (6) months (Copies of advertisements or other marketing materials to be provided to SELLER). f. C01'1stltlctiOl1 permit to be issued within seven (7) months (Copy of permit to be provided to SELLER). g. Groundbreaking ceremony to be coordinated with SELLER'S Marketing and Events Manager within seven (7) months. . h. Commencement of construction within eight (8) 1110nths (photographs of site and/or written description of progi.'ess to be provided to SELLER). i. Qualification of Buyers within twelve (12) months (Copy of private mortgage ftmding commitment and documentation proving buyers qualify to income limits as set above to be provided to SELLER). j. Certificate of Occupancy to be provided within eighteen (18) months. k. Homes must be conveyed to buyers within nineteen (19) months (copies of closing statement, proof of income qualification and executed deeds to be provided to SELLER). 18.5 Reverter. lfthe timeline outlined in Section 18.4 above is not strictly met, and PURCHASER has not provided SELLER with a written notification as to the reason explaining that circumstances not under the control of PURCHASER have prevented PURCHASER fl'Oill meeting the timeline, then the Propelty shall automatically 1"eVelt back to the SELLER. SELLER agrees to work l'easonably with PURCHASER in working within the timefi:ames set forth above, but PURCHASER and SELLER agree that time is of the essence. Furthennore, if each home is not sold to income-qualified buyers as defined herein, the Propeliy shall revert back to SELLER. If Propelty reverts to SELLER, SELLER shall complete the construction of the homes and satisfy any outstanding constmction loans held by PURCHASER and shall reimburse PURCHASER from the sale of the homes if there are sufficient funds. 19. MISCELLANEOUS. 19.1 General. This Agteement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an oligillal and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a. Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No in.odification or amendment of this Agreement shall be of any force or effect,unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and PURCHASE AGREEMENT Pag~ 10 ofl.3 '. - .... I supersedes all prior and contemporaneous negotiations~ understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the. State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the FIfteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States Distl'ict Court for the Southern District Court of Florida. 19.2 Computation of Time. Any reference herein to time periods whletl are not measured in Business Days and which a1'e less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation. thereof. Any time period provided for in this Agreement which ends on a Saturday, Surtday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 19.3 Waiver. Neither the failure of a party to i1.Jsist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by. a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent bl:each or default in any of such tertus, provisions, covenants, agreemehts 01' conditions. This paragraph shall survive termination of this Agreement and the Closing. 19.4 ConstructiOll of Agreement.' The Parties to tIns Agreement, through counsel, have participated freely in the negotiation and preparation hereof; Neither this Agi'eeitlent nor any amendment hereto shall be more stdctly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, alld the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 19.5 Severability. If any provision of this Agreement Or the application thereof shall) for any reason and to any extent, be invalid or unenforceable, neither the l'emainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 19.6 Handwritten Provisions. Handwdtten provisions inserted in this Agreement and initialed by CRA and SELLER shall control all printed provisions in conflicttherewith. 19.7 Waiver of Jurv Trial. As an inducement to PURCHASER agreeing to enter into this Agreement; PURCHASER and SELLER hereby waive trial by jury in any action or pro.ceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or irt any waycOlmected'with this Agreement. . . F PURCHASE AGREEMENT Page] 1 of]3 I 19.8 Attorneys Fees and Costs. Should it be ndessary to bring an action to enforce any of the provisions of this Agreement, reasonable atiomeys' fees and costs, inc11.1ding those at the appellate level, shall be awarded to the prevailing party. 19.9 Binding Authority. Ea.ch party hereby represellts and warrants to the other that each person executblg this Agreement on behalf of the CRA and SELLER has full right and lawful authodty to exectl-te this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signil1g with respect to all provisions contained in this Agreement. 19.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 19.11 Smvival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and PURCHASER'S possession onhe Property. 19.12 SELLER Attomevs' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incul1'ed by SELLER in connection with the transaction contemplated by this Agreement. SIGNATURES ON FOLLOWING PAGE '. r '. - ,. IN WITNESS WHEREOF, the Parties have executed this Jt.greement as of the Effective date. I BUYER SELLER BOYNTON BEACH BOYNTON BEACH COMMUNITY FAITH-BASED COMMUNITY REDEVE~TAG~NCY DEVELOPMENT CORPORATION BYl ~ ~-'~ By: .. 4- P1'intNa1ne:r/')t//l~~;/ ~.',...., f/ . Print Name: Henderson Tillman Title: Chairperson Title: Date: L0p-/o~ Date: I). h);JtJ 'I t' . Witnesses: Witnesses: ttJ I ~ !Robert ~ iRearrIon Appr ed as to form and legal sufficiency: 1:\Clfcnt DOCilments\Boynlon Bench CRA\2419..0\ l\Misc\Purchasc end Development Agreement for Porker Lots 11.30.06.doc " r Exhibit "AH I , Legal Description PCN: 08-43~45-21~07-002-1311 And PCN: 08-43-45-21-07..002-1320 And PCN: 08-43-45-21-07-002-1321 , VII. INFORMATION ONLY: F. Marina Operations '- ~y,,,,- !:~ . r ~~~<!Y~T8~ eRA ill East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: October 14,2008 I I Consent Agenda I Old Business I I New Business I Public Hearing I X I Other SUBJECT: Marina Operations (information only) SUMMARY: At the request of CRA Board Vice Chair Jose Rodriguez, staff has provided you with an overview of the current marina operations and chronology of events from site identification to today. . At the December 15, 2005, CRA Board meeting, the Board approved entering into a Purchase Agreement with DSS Properties, LLC, for the purchase a 24 slip marina and a two-story, 2,200 square foot commercial/retail building at the location formally known as the 'Two Georges Marina". The intent of the marina purchase was to provide continued public access to the waterfront as well as an attempt to preserve the existing commercial fishing industry and working waterfront in Boynton Beach. At the time the CRA purchased the marina property in March 2006, there were certain pre-existing conditions that the CRA knew would need to be addressed under the newly adopted Marina Redevelopment Plan renovation project. Those conditions are as follows: 1) Condition: The electrical service for the newly purchased CRA slips remained connected to the Two Georges FPL meter. Estimates for separation at the time of purchase were in excess of $50,000. Short-term Solution: Knowing the CRA slips would be completely renovated at a future date along with various upland improvements, the CRA agreed to pay Two Georges for the electricity used by the agency's 24 slips. The CRA owns 80% and the Two Georges owns 20% of the slips on the FPL meter. Using this formula to calculate the eRA's FPL charge, an average monthly bill is $625.00. 2) Condition: The restroom facilities were not available to the newly acquired CRA slips because the existing restrooms are the property of the Two Georges restaurant. Short-term Solution: Knowing that new CRA marina restroom facilities would be built as result of the future marina renovation project, the CRA was offered temporary use of the Two Georges restrooms for the slip tenants at a rate of $25.00/per day, seven days a week from 7:30am-12am. 3) Condition: The newly acquired slips did not have separate garbage facilities or service to transfer to the .,-<- ,eRA at purchase. The only dumpster in close proximity to the slips is owned by the Two Georges restaurant. Short-term Solution: Knowing that as part of the future marina renovation project marina slip trash collection would be addressed in a uniform and standardized manner, the CRA slip tenants have access to the Two Georges dumpster. (The roll-off cans owned by the Sea Mist cannot be used for the slip tenants). The total annual cost to the CRA for using the Two Georges restrooms and the dumpster is $9,125.00 ~4~~.~~ Michael Simon, Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Marina operations-info only. doc VII. INFORMATION ONLY: G. Reimbursement from Fireworks by Grucci 'I'" ~~~~Y~T2~ eRA iIIi East SideNWest SideNSeaside Renaissance eRA BOARD MEETING OF: October 14, 2008 I I Consent Agenda I Old Business I I New Business Public Hearing IX I Other I SUBJECT: Fireworks by Grucci - July 4, 2008 Reimbursement Check SUMMARY: . July 4, 2008 Boynton Beach presents its annual 4th of July "Salute to Independence" at Intracoastal Park. . The Fireworks vendor is Fireworks by Grucci which has a five-year contract with the agency. . Eight minutes into the show Grucci has technical difficulty and the fireworks stop. . The crew works on the problem and after 15 minutes shoots the remainder of the shells for the finale'. . Grucci is asked to show good faith on its relationship with the eRA and staff requests financial consideration be remitted to the CRA. . CRA receives check for $4,500.00. FISCAL IMP ACT: None None ~t~X Kathy Bisc iti Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\GRUCCI RE-IMBURSEMENT.doc VII. INFORMATION ONLY: H. CRA Vendor List ~~~~Y~Te~ eRA . East Side-West Side-Seas"lde Rena"lssance eRA BOARD MEETING OF: October 14, 2008 I I Consent Agenda I I Old Business I I New Business I I Public Hearing I XI Other I SUBJECT: eRA Vendors SUMMARY: . At previous CRA Board meetings, the Board provided policy direction for CRA staff to utilize vendors from Boynton Beach where practical and cost effective. . This item is brought forward as a result of an email sent to the CRA Board from a local firm requesting consideration for a cleaning contract. Subsequently, Vice Chair Rodriguez requested a report that outlines those vendors providing services to the CRA but not located within the City of Boynton Beach (see attached email). . Attached is a statistical summary and three versions of the CRA vendor list (1-by CRA business operation; 2-by state/city; 3-alpha). 1. Overall the CRA has utilized 248 vendors 2. 192 vendors or 77% are in Florida 3. 53 in Boynton Beach or 28% of Florida vendors and 21 % of total vendors. . As a measure of practicality, it would be ideal for 100% of the CRA vendors to be located in Boynton Beach; however, this is often not cost effective. For example: (a) Landscaping fees are paid by the CRA to the City for maintenance of the Boynton Beach Boulevard Extension and the Marina property. These two City maintenance vendors are from Loxahatchee and Miami. (b) The recent marina sewage break problem will be resolved with the use of another City vendor headquartered in Lake Worth. FISCAL IMP ACT: None CRA PLAN, PROGRAM OR PROJECT: None T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Vendor List.doc ~!I~<tY~T2~ eRA . East Side-West Side-Seaside Renaissance RECOMMENDATIONS: CRA staff should continue to follow Board procurement policies to utilize Boynton Beach vendors whenever practical and cost effective. ~ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Vendor List.doc Page I of3 Harris, Susan N________.___.__'_____.'~.________.n~___.~._.__~_.___________.,_ ._.__.___.,,~_,~__~~___ ._.,...____,___~___~~______.__'.._.._ rrom: Bright, Lisa Sent: Wednesday, September 10, 2008 11 :03 AM To: 'jreguez@aol.com'; Brooks, Vivian; Utterback, Theresa; Hay, Woodrow; Ross, Marlene; Taylor, Jerry; Weiland, Ronald Cc: Harris, Susan; Simon, Michael; 'Jim Cherof Subject: RE: Cleaning and Maintenance Services Importance: High Attachments: Landscape Invoices.pdf ---., _._- -_..--~--,-~---_._-~_._.,~-,--_.._----~-~----~._---',.-~~~_._~.~-.--,_.-.---...~-~ From: jreguez@aol.com [mailto:jreguez@aol.com] Sent: Tuesday, September 09,2008 10:35 PM To: Bright, Lisa; Brooks, Vivian; Utterback, Theresa; Hay, Woodrow; Ross, Marlene; Taylor, Jerry; Weiland, Ronald Subject: Re: Cleaning and Maintenance Services Lisa, a couple of questions. Is it coincidental that Mr. Fisher had been trying to communicate with you since April with no response, but yet this contract was renewed in June. I am not sure why I did not receive or recollect a previous email from Mr. Fischer? I would have automatically forwarded his request to Susan and/or Mike who also do not recollect receiving emails from him? I thought it would have been discourteous and ilTelevant to let him know I had T ~eceived his previous emails. Nevertheless, we are in the second year of a three year contract. My email requested staff to include Total Home Management in next year's process for bid. Mr. Fischer sent an email to everyone on the distribution list last night at 8:40 p.m. and maybe you did not receive your copy; however, Mr. Fischer was appreciative of the response and is "looking forward to the opportunity." Why have you failed to respond to him, and it took him to copy the board for you to do so? Again, I calU10t say why I did not receive his emails? You may remember you had a similar experience with CRA emails this past spring regarding the "Trolley Launch Event." You did not receive any of Margee's emails about the event due to an unknown technological snafu. This snafu kept you totally out of the loop with regard to the event which created a scheduling conflict for you that would prevent your attendance at the event. CRA staff did not focus on the technological snafu of why you did not receive Margee's emails, but proactively rearranged the Trolley Launch Event so that you could attend the event. Is the current contract a Boynton company? Who are they? Yes, Wilson's. The board had requested that we look to move our contracts to local Boynton companies if appropriate. Can you please provide me an update on this... report that outlines those vendors that are providing services to the CRA but yet reside outside the city. My understanding of Board direction was to utilize vendors within the City and/or members of the Boynton Chamber if r-~~tical and cost effective. This direction was an outcome of a Delray Blueprint invoice in which the vendor was not , but had an exclusive service. Boynton Beach does not have a blueprint vendor and none of the printing companies that are members ofthe Boynton Chamber had blueprinting equipment. 10/0312008 :i L::c' Alsu, durill~~, till' [)OWllll)\\ll \la~tl'r PLtnllllpkl1h.'IILill' 1 I)li,"'" 'i"', Ii '" iI \,1 ~i 'li,'li Raton" \\a" 11111hc Impleml..'ntdtion ('0I11111ltk'I' 11.11'.1 1\'111\.'1l1 ,{ 1Ii \\ ,1111,,\11 ! i \\;'fii'!I",in, )"':\' i,l'l I' asked (0 ~Cl'\i.~ (\n the ( (lmmittee hecau:--c lih tim \\ ,,,,,hl'l !)i"~\ I, Il!<ll;., i i 'I', h" it I )" 'It 'I' ,'I \VoolhrwhtTcder:tI hili. h;I'-'! "ilrpnr;ll.,' Illl'!,'I' 1.11,' !~I I i' i Also, if I recall the line item for cleaning was around $ Ilk, and that might have included the Marina bathrooms? Who is doing that?? It is SlJ, 125.00 a year Pl'\l\ilkd III 1 \\0 (icorges Rc..,taurant "ho has thclr 0\'v11 cleanl ,:..: '-'c'I'\ i. in exchange t()j' our marina slip renters, SeaMi:,! .:u"r, )1Ih'l", Jill] Di\,' Shop cLlstomers 10 utili!.\:' th('i1' resIn". Uil111 such timi.:' ;IS a public restroom will be con..,tTulkcl \!" \1 ! I\~qlle"tin~ f hk Sti.'\l~ "ca,ugs \\ho 11\' IISt''-' ii' !i':11l11lL his rl.?strool1lS) We always try utilize local vendors when practical <lnd \.ost effeetiH.:, Hut much ilkI..' the llty piggybaCK \', i.~Iltl~. government contracts with vendors who do not havt: a hl.?adqllarter" in BOynton Ht:ach, 1'.11" cxarnpk', ,\\.'1'. rl" for landscape services for the BBB extension and Manna in the amount (\1"527,01611\.'1 yl'''' Iw ( IIV', , & Sons which IS based out of Loxahatchee We looked It the ('R/"\ d(\lllg thi" Illdependenth hut it !" 111111 effectivl.? .IS the rate the City has with Vila & Slllb We will provide a complete eRA vendor list with addresses ;,.., an "lnt()f'Il1atH\llal !!l'll) for (ktoh(.'1' 14th (!.; I1ll~\.:tll", Jose -----Original Message----- From: Rodriguez, Jose <RodriguezJ@ci.boynton-beach.f1.11s> To: jreguez@ao1.com Sent: Tue, 9 Sep 2008 5 :02 pm Subject: FW: Cleaning and Maintenance Services jAtta-cheCJMessage ! From: Harris, Susan <HarrisSu@cLboynton-beach.fl.us> I To: Bright, Lisa <BrightL@cLboynton-beach.fl.us>; Simon, Michael <SimonM@ci,boynton-beach.fl.us> Cc: timfischer@totalhomemgmt.com; Brooks, Vivian <BrooksVi@ci.boynton-beach.fl.us>; Utterback. Theresa <UtterbackT@ci.boynton'beach.fl.us>: Hay, Woodrow <hayw@ci.boynton-beach.fl.us>; Rodriguez, Jose <RodriguezJ@cLboynton'beach,fl.us>; Ross, Marlene <RossM@cLboynton-beach flus>, Taylor, Jerry <TaylorJ@cLboynton-beach,fl.us>; Weiland, Ronald <WeilandR@cLboynton-beach.fl.us> i Subject: RE: Cleaning and Mainte nance Services i, _o..~~:___~2 9 S,:? ~??~ 17:02:56 '040,0 Lisa and Mike, Yes, we will rebid the cleaning next year, most likely in June. We'll contact Mr. Fischer at that time, Susan Susan Harris Finance Director Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Tel: 561-737-3256 Ext. 203/Fax: 561-737-3258 Email: harrissu@ci.boynton-beach.fl.us 1 r\ fA""t l"'A1\O Page 3 of3 - ,._~.. .---.-~- '-.. -.,~." - ~ - - 0--_'_- From: Bright, Lisa ~-"'t: Tuesday, September 09,20081:58 PM .iimon, Michael; Harris, Susan Cc: 'timfischer@totalhomemgmt.com'; Brooks, Vivian; Utterback, Theresa; Hay, Woodrow; Rodriguez, Jose; Ross, Marlene; Taylor, Jerry; Weiland, Ronald Subject: FW: Cleaning and Maintenance Services Importance: High Hi Mike and Susan, Offhand, I believe the only cleaning for offices at 915 S. Federal Highway is $5,400 per annum for a 2,062 sq ft building. Our local vendor is on a month-to-month contract for one more year. I believe you intend to rebid next year prior to the budget cycle. Would you please add Mr. Tim Fischer's company, Total Home Management, to the list of "Interested Parties" to bid when execute this process in 2009. If I have misinterpreted anything in this email, please send a corrective email to the entire list of recipients. Thank you. OA Lisa . .-- - - -- From: timfischer@totalhomemgmt.com [mailto:timfischer@totalhomemgmt.com] Sent: Monday, September 08, 2008 5:41 PM To: Bright, Lisa Taylor, Jerry; Ross, Marlene; Hay, Woodrow; Rodriguez, Jose; Weiland, Ronald ~_..;ject: Cleaning and Maintenance Services Dear Mrs. Bright, On April 28th and on two other occasions I sent you emails inquiring about your current cleaning contracts that the CRA may have. I have not heard back from you or anyone else from the CRA. I'm very interested in bidding on these but have found it very difficult to gather info. Again, I am a small business owner here in the Boynton Beach community and would appreciate the opportunity to discuss my services. My company is Total Home Management, on the web at (www.totalhomel11gmt~com) for a list of services provided. I have copied the eRA board in hopes of receiving a response. Tj:lanks, Tim --'.- _.~-----,._-~-- .-_.- --- ,-_.. -,.'-'- _ __ ,_ 'Y'__T." _ _,. ~ _ 0...- ~_ '-.'.'. -- .nn... __ Looking for spoilers and reviews on the new TV season? Gel AOL's ultimat~guide to fall IV. 10/03/2008 ILD TO City of Boynton Beach .. -----...-.'- ,-- . SON kkA t.~~!!f'f' lDRESS 100 E, Boynlon Beach Blvd ~-,~ - -.--.--."" Boynton Beach, FL 33425-0310 -_.._..._-~- )NTACT Glenda Hall A'__._~_ PHONE: 561-742-6310 VILA e. SON lANDSCAPING CORPORATION FAX: .~--'._.~- ,"",--,. 1 930 D Road ,4... I oxal,atcllee, FL 334 7D 15(1) 795.3070 F ~\X (S61) 7953B 7:, ~OJECT Boynton Beach Blvd, Extension INVOICE NO 6563 '~--_'_"~.,..,- )GATION: West Palm Branch : .;) .~. ~ DATE ~_.__...- 3/24/2008 PROJECT NO 734 -..---" ".,.~-_._,-- ,\~A~{ ;. l- ull!) CUSTOMER ~rms Net 20 days POll - ---.-.,,- "-----..-- ITEM DESCRIPTION I TOTAL AMOUNT MonthlY maintenance orooram for March ~ Bovnton Beach Blvd. Extension' .__.._-_..~-- , '. $1,479.25 \ .. ----- ......,-' --- _._.~-_.------- ....~- --~_'__,""'-~'. ,,- . ... .""........ -".'~---"~-- I ~ --- -. TOTAL AMOUNT DUE THIS INVOICE ---1 $1,479.25 C)0 \ ~ oj' 00 \ -590.- y ~~ -19, ?O-=+1 CLOaQO ~ \~J1t ::s1d-.~(o<6 J.) Irl 0 ,-, IJ ( (/Or;,.(i ,1/7 V ~'l ~ Fv -;; 0 C) 7 -. ,:;J., 0 c) k '?,S l )?) I '~"''''''' ---- ---- ~ rid F=- y" rJ.()() [{ (j()O'! 7' ~7~) 't; J II (tt)te, G )~pd<'4 ,I/JIII/ ~..A.~ <-f} / <? /y /~J 'lO TO: City of Boynton Beach SON 1~A4 lG .DRESS. 100 E. Boynton Beach Blvd Bovnton Beach, FL 33425-0310 t'e. lNT ACT Glenda Hall PHONE: 561-742.6310 VILA & SON LANDSCAPING CORPORATlON FAX: 1930 0 Road loxa/lalchee. Fl 33470 (561)795-3070 FAX (561) 795-3879 tOJECT: eRA Fuel Dock Pad INVOICE NO. 6582 >CATtON West Palm Branch .' ! ~,. F ./~ )-.,; ce. :>~ '.' --I DATE. 3124/2008 i i ;\4 t1,~ : " . uOi, i PROJECT NO, 734 I CUSTOMER ! rms Nel20 days j pon ITEM DESCRIPTION TOTAL AMOUNT $772.11 TOTAL AMOUNT DUE THIS INVOICE $772.11 A~~~ A av~ ~ ,/7'/4 - (vIA- ri"'" rt F'I ~eo 7"" ~og :. 9'. d. b S- ~ - ~ 0 e - "J-OO 9 pi F'f - -- 3/ 'd-.l (o~ -Pc> ~ ~Od.-<10 OCn - 500 \ - S-'10 -Lj 10 -9~ c:; u ~e.;,..-> ~ L.t:JJ H~f e pv~oog - d- Oor if 10) 99S ~ ..0 (!o,o.f-r/.<~~~ fa. Co- . y ,. . I CRA VENDORS ACTIVE AS OF 7/1/2007 l Total # Vendors 248 # Vendors in Florida 192 % of Florida Vendors of Total 77% # Vendors in Boynton Beach 53 % of Boynton Beach vendors in FL 28% I Category 1# of Vendors 1# in Boynton I Percent I Benefits 6 0 0% Building Maintenance 14 7 50% Community 5 4 80% Development 31 5 16% Events 69 13 19% Finance 19 0 0% Insurance 3 1 33% IT 6 0 0% Legal 5 1 20% Lobbyist 2 0 0% Marina 20 7 35% Marketing 6 3 50% Membership 21 1 5% Operations 26 6 23% Police 1 0 0% Property Maintenance 9 4 44% Subscriptions 2 0 0% City 1 ; 100% I Wi-Fi 2 0 0% (a) Total 248 53 21% (a) Represents payments to City of Boynton Beach for various services/projects. Payments include landscaping vendors for Marina and BBB Extension, not all of which are located in Boynton Beach, BOYNTON BEACH CRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: eRA Business Operation ICRA Business Op.IVENDOR NAME IADDRESS I CITY I STATE IZIP I Benefits BLUE CROSS BLUE SHIELD OF FLORIDA P.O. BOX 105358 ATLANTA GA 30348 Benefits COMP BENEFITS - VISION GROUP NO. VS5252 ROSWELL GA 30076 Benefits leMA RETIREMENT CORPORATIO A TTN: CORPORATE ACCOUNT BALTIMORE MD 21263-1554 Benefits L.J. CRAIG & ASSOCIATES P.O. BOX 1628 BOCA RATON FL 33429-1628 Benefits LINCOLN NATIONAL LIFE INSURANCE P.O. BOX 0821 CAROL STREAM IL 60132-0821 Benefits METLlFE DEPT CH 10579 PALATINE IL 60055-0579 Benefits Count 6 Bldg Mtn AIR REF CO 550 INDUSTRIAL WAY BOYNTON BEACH FL 33426 Bldg Mtn ASTRO AIR, INC P.O. BOX 397 BOYNTON BEACH FL 33425 Bldg Mtn BEST ELECTRIC CONNECTIONS, 802 SOUTH 10TH STREET LANTANA FL 33462 Bldg Mtn BOYNTON ACE HARDWARE 510 EAST BOYNTON BEACH BOYNTON BEACH FL 33435 Bldg Mtn CRITTER CONTROL 2895 WEST PROSPECT ROAD FT LAUDERDALE FL 33309 Bldg Mtn DAVCO ELECTRICAL CONTRACTORS 4885 PARK RIDGE BLVD. BOYNTON BEACH FL 33426-8316 Bldg Mtn GATOR HOME SERVICES, LLC 6208 JAIPUR CT. BOYNTON BEACH FL 33437 Bldg Mtn HOMETOWN PEST CONTROL, INC 1714 COSTA DEL SOL BOCA RATON FL 33432 Bldg Mtn HULETT ENVIRONMENTAL SERVICES P.O. BOX 220928 WEST PALM BEACH FL 33422-0928 Bldg Mtn NOZZLE NOLEN, INC. 3975 COCONUT ROAD LAKE WORTH FL 33461 Bldg Mtn PROCTOR FIRE EXTINGUISHER. 1499 SW 30TH AVE BOYNTON BEACH FL 33426 Bldg Mtn RUSSELL B. JENNINGS, INC 2703 N DIXIE HWY DELRA Y BEACH FL 33483 Bldg Mtn SCHOLZ PLUMBING INC, BRYON 149 SWAIN BLVD GREENACRES FL 33463 Bldg Mtn WILSON'S CLEANING & MAINTE 11338 MILLPOND GREENS D BOYNTON BEACH FL 33437 Bldg Mtn Count 14 Community BOYNTON BEACH SISTER CITIES 100 EAST BOYNTON BEACH BOYNTON BEACH FL 334265 Community COMMUNITY CARING CENTER 145 NE 4TH AVE BOYNTON BEACH FL 33435 Community FRATERNAL ORDER OF POLICE GOLD COAST LODGE #49 BOYNTON BEACH FL 33425 Community HISPANIC WOMEN OF DISTINCT 1975 E SUNRISE BLVD. # FT. LAUDERDALE FL 33304 Community SCHOOLHOUSE CHILDREN'S MUSEUM 129 EAST OCEAN AVENUE BOYNTON BEACH FL 33435 Community Count 5 Development ANDERSON & CARR, INC. 521 SOUTH OLIVE AVENUE WEST PALM BEACH FL 33401-5907 Development ARS ENVIRFONMENTAL, INC. 10097 CLEARY BOULEVARD PLANTATION FL 33324 Development BOYNTON BEACH FAITH BASED CDC POST OFFICE BOX 337 BOYNTON BEACH FL 33425-0337 Development CALLAWAY & PRICE, INC. 1639 FORUM PLACE WEST PALM BEACH FL 33401 Development DELRAY BLUEPRINT CO. 550 NE 5TH AVENUE DELRA Y BEACH FL 33483 Development DWIGHT HOFFMAN 500 SE 13TH STREET POMPANO BEACH FL 33060 Development EDAW. INC. 817 WEST PEACHTREE ST ATLANTA GA 30308 Development ENVIRODESIGN ASSOC.. INC, 298 PINEAPPLE GROVE WAY DELRAY BEACH FL 33444 Development FIRST AMERICAN TITLE COMPANY 1630 SOUTH CONGRESS AVE PALM SPRINGS FL 33461 Development FIRST FLORIDA TITLE COMPANY 4800 NORTH FEDERAL HIGH BOCA RATON FL 33431 Development GEOWEB CONSULTING SERVICES 117 SOUTH SEACREST BLVD BOYNTON BEACH FL 33435 Development HARRY C. NEWSTREET & ASSOC 1330 WEST NEWPORT CENTE DEERFIELD BEACH FL 33442 Development HEDRICK BROTHERS CONSTRUCT 2200 CENTREPARK WEST DR WEST PALM BEACH FL 33409 Development HURRICANE ALLEY 529 EAST OCEAN AVENUE BOYNTON BEACH FL 33435 Development KIMLEY-HORN AND ASSOCIATES P.O. BOX 932520 ATLANTA GA 31193-2520 Development KU HOLDINGS LLC d/b/a VILLAGE ICE CREAM BOYNTON BEACH FL 33435 Development M. P. CONSULTANTS, INC. 11257 56TH PL. N. WEST PALM BEACH FL 33411 Development MARY LAW LAW REALTY BOYNTON BEACH FL 33435 Page 1 of 6 BOYNTON BEACH CRA VENDOR LIST VENDORS ACTIVE AS OF 71112007 Ranked by: CRA Business Operation ICRA Business Op.IVENDOR NAME IADDRESS ICITY I STATE IZIP I Development MOLL Y'S TROLLEYS 2625 MERCER AVENUE WEST PALM BEACH FL 33401 Development POST,BUCKLEY.SCHUH BOX 409357 ATLANTA GA 30384-9357 Development REG ARCHITECTS INC 307 EVERNIA STREET WEST PALM BEACH FL 33401 Development RIDGEWOOD TITLE OF SOUTH FLORIDA 530 SAWGRASS CORPORATE SUNRISE FL 33325 Development RIGHT ON CONSTRUCTION, INC 123 SOUTH GOLF VIEW DRI LAKE WORTH FL 33460 Development SCHOOL DISTRICT OF PALM BEACH CTY 3300 FOREST HILL BLVD. WEST PALM BEACH FL 33406 Development SCOTT KLINE 1441 Brandywine Rd. 400 WEST PALM BEACH FL 33410 Development THE GALLEON ATTN: SUZANNE SANDERS BOCA RATON FL 33496 Development TOTER INC. P.O. BOX 5338 STATEVILLE NC 28687 -5338 Development TRANS-STATE TITLE INSURANC 18205 BISCAYNE BLVD AVENTURA FL 33160 Development TREASURE COAST REGIONAL 301 EAST OCEAN BLVD. ST STUART FL 34994 Development TROPICAL DEMOLITION, INC. 2760 PINE LILY LANE COCOA FL 32926 Development YACHTSMAN PROPERTIES LLC C/O KOBY COHEN DELRAY BEACH FL 33483 Development Count 31 Events A ALL STAR ENTERTAINMENT 5465 BERRY BLOSSOM WAY WEST PALM BEACH FL 33415 Events ALJOHNSON 2070 RESTON CIRCLE ROYAL PALM BEACH FL 33411 Events ALL AMERICAN GAMING 1820 N DIXIE HIGHWAY BOCA RATON FL 33432 Events ALL ON STAGE PRODUCTIONS, 128 NW 20TH STREET, UNI BOCA RATON FL 33431 Events B & B GRAPHICS 730 BELVEDERE ROAD WEST PALM BEACH FL 33405 Events BEAR LAKES MIDDLE SCHOOL 3505 SHENANDOAH BLVD WEST PALM BEACH FL 33409 Events BILL ADAMS 7762 HOFFY CIRCLE LAKE WORTH FL 33407 Events BOCA RATON EDUCATIONAL TELEVISION 327 PLAZA REAL, SUITE 3 BOCA RATON FL 33432 Events BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD BOYNTON BEACH FL 33426 Events BOYNTON CULTURAL CENTRE 129 EAST OCEAN AVE BOYNTON BEACH FL 33435 Events BOYNTON WOMAN'S CLUB. ING. P.O, BOX 1135 BOYNTON BEACH FL 33425 Events C4 PARTY RENTAL 173 N, CLEARY ROAD. D-1 WEST PALM BEACH FL 33413 Events CBS RADIO, INC 701 NORTHPOINT PARKWAY WEST PALM BEACH FL 33407 Events CELEBRATION SOURCE, INC PO BOX 224058 HOLL YWOOD FL 33022 Events CHEZ GOURMET 1716 CORPORATE DRIVE BOYNTON BEACH FL 33426 Events CHIP POWELL 4975 PARK RIDGE BLVD BOYNTON BEACH FL 33426 Events CLAMBAKER PRODUCTIONS 4047 OKEECHOBEE BLVD. S WEST PALM BEACH FL 33409 Events CRAWFORD, CHARLES J. 550 WATERSIDE DRIVE HYPOLUXO FL 33462 Events ELLIE'S CATERING/CULINARY 2410 N FEDERAL HIGHWAY DELRA Y BEACH FL 33484 Events ERIC W. AKERS 124 NW 4TH AVE DELRA Y BEACH FL 33444 Events EVOLUTION ENTERTAINMENT 948 NW 37TH AVENUE DELRA Y BEACH FL 33445 Events FIREWORKS BY GRUCCI. INC ONE GRUCCI LANE BROOKHAVEN NY 11719 Events FISHER GRAPHICS. INC. 528 FERGUSSON LANE WEST PALM BEACH FL 33415 Events FLORIDA FESTIVAL AND EVENTS ASSOC 4174 PALO VERDE DRIVE BOYNTON BEACH FL 33436 Events FRIENDLY JOHN, INC. P.O. BOX 440665 MIAMI FL 33144 Events HOLIDAY ILLUMINATIONS, INC 9337-B HOWELL LANE PALM BEACH GARDENS FL 33418 Events INTERNATIONAL PARKING SYSTEM 4781 N. CONGRESS AVE, S BOYNTON BEACH FL 33426 Events JANIS BUCHER 6372 LA COSTA DRIVE, #4 BOCA RATON f'.'L 33433 Events JASON COCHRAC 1701 LAKE WORTH ROAD LAKE WORTH FL B460 Events ,JEFF CHAFIN 5091 WOODSTONE CIRCL.E: LAKE WORTH f'.'l 1346.< Events JENKINS, JIMMIE 1251 NW 44TH STREET MIAMI FL ,3M? Events JOHN I LEONARD H!GH SCHOOL 4701 10TH AVE NORTH GREENACRES FL ,346:J --',:-f'1 It f_ BOYNTON BEACH CRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: CRA Business Operation ICRA Business Op.IVENDOR NAME IADDRESS I CITY 1ST A TE IZIP I Events JUSTIN JACOBS 1900 NORTH AUSTRALIAN A WEST PALM BEACH FL 33407 Events LAKE WORTH COMMUNITY HIGH SCHOOL 1701 LAKE WORTH ROAD LAKE WORTH FL 33460 Events LEAH SCHILLINGER 9601 SW 142ND AVE MIAMI FL 33186 Events MANHATTAN TROPHIES 1411 NORTH DIXIE HWY LAKE WORTH FL 33460 Events Me CLEARY, MICHAEL 907 W. RICH AVENUE DELAND FL 32720 Events MILT JOSLIN 4701 10TH AVE NORTH GREENACRES FL 33463 Events NES TRAFFIC SAFETY. INC. 3100 NW 7TH AVENUE MIAMI FL 33127 Events PROFESSIONAL GOLF CAR CORP 5385 LAKE WORTH ROAD GREENACRES FL 33463 Events PYRAMID BOOKS 544-2 GATEWAY BLVD. BOYNTON BEACH FL 33435 Events R. M. LEE COMMUNITY DEVELO 900 NORTH SEACREST BLVD BOYNTON BEACH FL 33435 Events REGAL FLAGS AND POLES, INC 1395 NW 17TH AVE DELRA Y BEACH FL 33445 Events RICKY R. ROUNDTREE 405 N.W. 16TH AVENUE BOYNTON BEACH FL 33435 Events ROB LARSON 10331 N. GREENTRAIL DRI BOYNTON BEACH FL 33436 Events ROBERT WALLACE 371 21ST STREET RIVIERA BEACH FL 33407 Events ROOSEVELT MIDDLE SCHOOL 1900 NORTH AUSTRALIAN A WEST PALM BEACH FL 33407 Events SANDY-JAMES FINE FOODS CAT P.O BOX 4804 WEST PALM BEACH FL 33407 Events SHOWPRO, INC. 8202 WILES ROAD CORAL SPRINGS FL 33067 Events SIGN A RAMA, INC. 10114 SOUTH MILITARY TR BOYNTON BEACH FL 33436 Events SIOBHAN Y. FERGIELS 3505 SHENANDOAH BLVD WEST PALM BEACH FL 33409 Events SUNSET ENTERTAINMENT GROUP 1420 NORTH SWINTON AVEN DELRAY BEACH FL 33444 Events SUNSHINE GOLF CAR 9740 WEST ATLANTIC AVEN DELRA Y BEACH FL 33446 Events T.J. SALTER 15426 82ND LANE NORTH LOXAHATCHEE FL 33470 Events THE BAHAMAS JUNKANOO SHAKE 1720 NW. 90TH STREET MIAMI FL 33147 Events THE EMBROIDERY LOFT 600 NW 26TH COURT BOYNTON BEACH FL 33426 Events THELMA LYONS 7669 BRUNSON CIRCLE LAKE WORTH FL 33467 Events TIM NANCE 1901 AVE S RIVIERA BEACH FL 33404 Events TIMOTHY BURGER 2555 PGA BLVD PALM BEACH GARDENS FL 33410 Events TIMOTHY FRALEY 709 SW 4th COURT FT LAUDERDALE FL 33312 Events TONY THOMAS 514 SHADY PINE WAY, A2 WEST PALM BEACH FL 33415 Events TOUCHPOLL OF SOUTH FLORIDA 10625 NW 47TH COURT CORAL SPRINGS FL 33076 Events TOWN OF LANTANA 500 GREYNOLDS CIRCLE LANTANA FL 33462 Events UNITED RENTALS P.O. BOX 100711 ATLANTA GA 30384-0711 Events V2E PARTY PLANNERS LLC 3125 W 80TH STREET HIALEAH FL 33018 Events WILL HICKS 2546 WESTCHESTER DRIVE RIVIERA BEACH FL 33407 Events Count 66 Events/Operations EXOTIC SIGNS, INC. 7928 CORAL STREET HYPOLUXO FL 33462 Events/Operations FASTSIGNS, INC. 421 NORTH LAKE BLVD NORTH PALM BEACH FL 33408 Events/Operations SUPERB SIGNS, INC. 7521 ANSON COURT LAKE WORTH FL 33467 Events/Operations C 3 Finance ACCOUNTEMPS 12400 COLLECTIONS CENTE CHICAGO IL 60693 Finance BANK OF AMERICA, NA PO BOX 660576 DALLAS TX 75266-0576 Finance CRAMER COMPUTER SUPPLIES D/B/A DATA FLOW AMARILLO TX 79120-2566 Finance DASZKAL BOL TON LLP 2401 NW BOCA RATON BOUL BOCA RATON FL 33431-6632 Finance DATA FLOW P.O. BOX 32566 AMARILLO TX 79120-2566 Finance DUFRESNE & ASSOCIATES, CPA P.O. BOX 1179 ORANGE PARK FL 32067 Finance FLORIDA DEPT. OF COMMUNITY AFFAIRS FINANCE & ACCOUNTING OF TALLAHASSEE FL 32399-2100 Page 3 of 6 BOYNTON BEACH CRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: CRA Business Operation ICRA Business Op.IVENDOR NAME IADDRESS ICITY I STATE IZIP I Finance GNP SERVICES, CPA, PA 357 STILES AVENUE ORANGE PARK FL 32073 Finance PALM BEACH COUNTY-FINANCE DEPT. PALM BEACH COUNTY WEST PALM BEACH FL 33401 Finance PALM BEACH COUNTY-TAX COLLECTOR P.O. BOX 3353 WEST PALM BEACH FL 33402-3353 Finance PFM ASSET MANAGEMENT. INC. TWO LOGAN SQUARE, STE 1 PHILADELPHIA PA 19103 Finance PMG ASSOCIATES, INC. 4171 WEST HILLSBORO BOU COCONUT CREEK FL 33073 Finance RELATED GROUP OF FLORIDA 315 SOUTH BISCAYNE BLVD MIAMI FL 33131 Finance THE MERGIS GROUP P.O. BOX 100153 ATLANTA GA 30384 Finance TROY GROUP, INC. 940 SOUTH COAST DRIVE COSTA MESA CA 92626 Finance TYLER TECHNOLOGIES, INC. INCODE LUBBOCK TX 79416 Finance US BANK, INC CM-9705 SAINT PAUL MN 55170-9705 Finance VANTAGE POINTS TRANSFER AG C/O M & T BANK - PLAN # BALTIMORE MD 21264-4668 Finance VITAVER & ASSOCIATES, INC, 2385 EXECUTIVE CENTER D BOCA RATON FL 33431 Finance Count 19 Insurance BURKEY RISK SERVICES, INC. 2240 WOOLBRIGHT ROAD BOYNTON BEACH FL 33426-6332 Insurance FLORIDA RETAIL FEDERATION P.O. BOX 32034 LAKELAND FL 33802 Insurance FLORIDA U.C, FUND 5050 W TENNESSEE ST TALLAHASSEE FL 32399 Insurance Count 3 IT CONVERGED SOLUTIONS & SERVICES 1405 NORTH CONGRESS AVE DEL RAY BEACH FL 33445 IT DELL COMPUTERS C/O DELL USA L.P A TLANT A GA J0353-4118 IT INTERNET MANAGEMENT CORP 6742 FOREST HILL BLVD WEST PALM BEACH FL 33413 iT ON-HOLD TECHNOLOGIES 2247 PALM BEACH LAKES B WEST PALM BEACH FL 33409 IT SOFTWARE HOUSE INTERNATIONAL P.O.BOX 8500-41155 PHILADELPHIA PA 19178 IT TELE-COMMUNICATION. INC. 7100 OLD KA TY ROAD HOUSTON TX 77024-2112 IT Count 6 Legal GOREN, CHEROF, DOODY & EZR 3099 EAST COMMERCIAL BL FT. LAUDERDALE FL 33308 Legal JOHNSON,ANSELMO, MU RDOCH, BU 2455 E. SUNRISE BLVD FORT LAUDERDALE FL 33304 Legal LEWIS, LONGMAN & WALKER, I 1700 PALM BEACH LAKES B WEST PALM BEACH FL 33401 Legal RICHARD L, SHEPARD & ASSOC 219 SE 23RD AVE, BOYNTON BEACH FL 33435 Legal RUDEN MCCLOSKY 4800 N FEDERAL HWY SUIT BOCA RATON FL 33431 Legal Count 5 Lobbyist ALEKSANDER GROUP. INC. p,O, BOX 11007 TALLAHASSEE FL 32302 Lobbyist SMITH & BALLARD 403 EAST PARK AVENUE TALLAHASSEE FL 32301 Lobbyist Count 2 Marina A-1 SUN MOVERS 651 SEAVIEW AVE BOYNTON BEACH FL 33435 Marina AFFORDABLE RESTORATION & DETAILING 375 CHATHAM STREET WEST PALM BEACH FL 33417 Marina DEP- STORAGE TANK REGiSTRATION p,O, BOX 3070 TALLAHASSEE FL 32315 Marina FLORIDA CRUISING DIRECTORY P.O. BOX 21586 FT, LAUDERDALE FL 33335 Marina FLORIDA DEPT OF BUSINESS 1940 NORTH MONROE STREE TALLAHASSEE FL 32399 Marina FLORIDA DEPT OF REVENUE ACCOUNT NO. 99801684 TALLAHASSEE FL ".0:'399-0180 Marina MADSEN/BARR CORPORATION 12113 INDIAN MOUND ROAD LAKE WORTH FL 33467 Marina MANSFIELD OIL COMPANY OF G 1025 AIRPORT PARKWAY GAINESVILLE GA 30501 Marina MARINA ENGINEERING & CONST 130 SW 24TH AVENUE BOYNTON BEACH FL 13435 Marina MARINA VILLAGE AT BOYNTON '~25 CASA LOMA BLVD BOYNTON BEA.CH Fl -)343~ Marina MOBILE MINI. INC ~J 0 BOX 79149 PHOENIX l\"L CJ14' Marina MSCW.INC. H50 NEW BROAD STREE' ORLANDO FL ;2814 Marina PETROLEUM & CONSTRUCTlm~ '" 1330 S ANDREWS AVE POMPANO BEACi-' FL 30n" ::)l ,t I~ I BOYNTON BEACH CRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: CRA Business Operation ICRA Business Op.IVENDOR NAME IADDRESS ICITY I STATE IZIP I Marina SEA DIVERSIFIED, INC. 1200 NW 17th AVENUE DELRA Y BEACH FL 33445 Marina SEA MIST MARINA, INC. 700 CASA LOMA BLVD BOYNTON BEACH FL 33425-0190 Marina SEA SPILL INTERNATIONAL PO BOX 1178 SOUTHOLD NY 11971 Marina TOW BOA T US BOYNTON 720 RIDER ROAD BOYNTON BEACH FL 33435 Marina TWO GEORGES WATERFRONT GRILLE 728 CASA LOMA BLVD. BOYNTON BEACH FL 33435 Marina US CHART SERVICES, INC 930 TEQUESTA STREET FORT LAUDERDALE FL 33312 Marina WAYPOINT MARINA INC P.O. BOX 747 BOYNTON BEACH FL 33425 Marina Count 20 Marketing ACADEMY TROPHIES & AWARDS, 21073 POWERLlNE ROAD, # BOCA RATON FL 33433 Marketing AMBIT MARKETING COMMUNICAT 2455 EAST SUNRISE BLVD FORT LAUDERDALE FL 33304 Marketing GRT AD SERVICES, INC 1194 DIXIE HWY#15 LAKE PARK FL 33403 Marketing INNOVATIVE PRINTING 310 N. FEDERAL HIGHWAY BOYNTON BEACH FL 33435 Marketing PRO DVD MAKERS 112 SOUTH FEDERAL HIGHW BOYNTON BEACH FL 33435 Marketing VIRTUAL TECHNOLOGY ENTERPR 1375 Gateway Blvd BOYNTON BEACH FL 33427 Marketing Count 6 Membership APA AMERICAN PLANNING ASSOC. P. O. BOX 97774 CHICAGO IL 60678-7774 Membership BOYNTON BEACH CHAMBER OF COMMERCE 639 EAST OCEAN AVENUE, BOYNTON BEACH FL 33435 Membership BUSINESS DEVELOPMENT BOARD 310 EVERNIA STREET WEST PALM BEACH FL 33401 Membership COUNCIL OF DEVELOPMENT FINANCE 301 NW 63RD STREET SUIT OKLAHOMA CITY OK 73116 Membership DOWNTOWN IDEA EXCHANGE 712 MAIN STREET BOONTON NJ 7005 Membership FGFOA P.O. BOX 10270 TALLAHASSEE FL 32302 Membership FLORIDA REDEVELOPMENT ASSOC. P.O. BOX 1757 TALLAHASSEE FL 32302-1757 Membership FLORIDA TREND SUBSCRIBER SERVICE DEPT MT MORRIS IL 61054-0493 Membership GOVERNMENT FINANCE OFFICERS ASSOC. 3076 EAGLE WAY CHICAGO IL 60678-1030 Membership GREATER BOCA RATON CHAMBER 1800 N. DIXIE HIGHWAY BOCA RATON FL 33432 Membership GREATER DELRAY BEACH CHAMBER 64A SE FIFTH AVE DELRA Y BEACH FL 33483 Membership HOUSING LEADERSHIP COUNCIL 700 SOUTH DIXIE HIGHWAY WEST PALM BEACH FL 33401 Membership INTERNATIONAL COUNCIL OF SHOPPING CENTER P.O. BOX 26958 NEW YORK NY 10087-6958 Membership INTERNATIONAL DOWNTOWN ASSOCIATION 1250 H STREET, NW WASHINGTON DC 20005 Membership INTERNATIONAL ECONOMIC DEV'L BOARD 73415 STREET NW, SUITE WASHINGTON DC 20005 Membership NAIOP. INC. NAT'L ASSOC. OF INDUSTR CHANTILL Y VA 20153-3353 Membership SHRM - SOCIETY FOR HUMAN RESOURCES P.O BOX 791139 BAL TIMORE MD 21279-1139 Membership ULI THE URBAN LAND INSTIT DEPARTMENT 186 WASHINGTON DC 20055-0816 Membership ULI - URBAN LAND INSTITUTE AlC #910-0035702-000 CHICAGO IL 60673-1211 Membership VISIT FLORIDA POST OFFICE BOX 1100 TALLAHASSEE FL 32302 Membership WALL STREET JOURNAL 200 BURNETT ROAD CHICOPEE MA 1020 Membership Count 21 Operations AMERICAN EXPRESS P.O. BOX 360002 FORT LAUDERDALE FL 33336-0002 Operations AQUA SPRINGS NATURAL WATER 540 NW 77TH STREET BOCA RATON FL 33487 Operations AT&T PO BOX 105262 ATLANTA GA 30348-5262 Operations BARADA ASSOCIATES, INC. 130 EAST SECOND STREET RUSHVILLE IN 46173 Operations BAYARD ADVERTISING AGENCY, P.O. BOX 5158 NEW YORK NY 10087-5158 Operations C.K.'S SECURITY SYSTEMS 301 S.E. 4TH STREET BOYNTON BEACH FL 33435 Operations CINGULAR WIRELESS PO BOX 31488 TAMPA FL 33631-3488 Operations CLEAR COPY, INC. 1304 N. FEDERAL HWY BOYNTON BEACH FL 33435 Operations COASTAL EXPRESS. INC. 139 LAKE MONTEREY CIRCL BOYNTON BEACH FL 33426 Page 5 of 6 BOYNTON BEACH CRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: CRA Business Operation ICRA Business Op.IVENDOR NAME IADDRESS ICITY ISTATE IZIP I Operations FED EX P. O. BOX 660481 DAllAS TX 75266-0481 Operations FPl FLORIDA POWER & LIGHT Operations MAil FACILITY MIAMI Fl 33188 Operations HOME DEPOT - DEPT. 32-2540 P.O. BOX 9055 BOYNTON BEACH Fl 33435 Operations KONICA MINOl TA BUSINESS SOLUTIONS 21146 NETWORK PLACE CHICAGO Il 60673-1211 Operations MilNER, INC P.O BOX 923197 NORCROSS GA 30010-3197 Operations OCE IMAGISTICS INC, P.O. BOX 856193 lOUISVlllE KY 40285-6193 Operations OFFICE DEPOT, INC. P.O. BOX 633211 CINCINNATI OH 45263-3211 Operations OFSI - OCE FINANCIAL SERVI 13824 COllECTIONS CENTE CHICAGO Il 60693-0000 Operations PITNEY BOWES INC. RE: COPIER lEASE lOUISVlllE KY 40285-6179 Operations SAFE & SECURE SELF STORAGE 2512 N. FEDERAL HIGHWAY DElRA Y BEACH Fl 33483 Operations STAPLES DEPT. 51-7819556308 DES MOINES IA 50368-9020 Operations SUNDOWNER MOTOR INN, llC 1112 WESTWICKE lANE lUTHERVlllE MD 21093 Operations SUNTRUST P. O. BOX 4928 BOYNTON BEACH Fl 33435 Operations THE BLOSSOM SHOPPE 402 EAST OCEAN AVENUE BOYNTON BEACH Fl 33435 Operations ULlNE 2200 S lAKESIDE DRIVE WAUKEGAN Il 60085 Operations UNITED SHIPPING SOLUTIONS ATTN: ACCOUNTS RECEIVAB FORT lAUDERDALE Fl 33310-5566 Operations UPS P.O. BOX 7247-0244 PHilADELPHIA PA 19170-0001 Operations Count 26 Police C KAlOGEROPOUlOS/ AR DETAI 375 CHA THAUM SOUTH WEST PALM BEACH Fl 33417 Police Count 1 Property Mtn ACTION FENCE CORPORATION 4663 S.w. 45TH STREET DAVIE FL 33314 Property Mtn BRIDGES & SONS INC. 207 SW 10TH STREET BOYNTON BEACH Fl 33444 Property Mtn BURKHARDT CONSTRUCTION 1400 ALABAMA AVENUE #20 WEST PALM BEACH Fl 33401 Property Mtn CAMllUCCI SIGNS, llC 350-A NE 4TH ST. DElRA Y BEACH FL 33444 Property Mtn FIRST GENESIS lAWN SERVICE P.O. BOX 244061 BOYNTON BEACH Fl 33461 Property Mtn JOSEPH PHllLlSTIN 1420 N. SWINTON AVENUE DELRA Y BEACH Fl 33444 Property Mtn NATIVE TECHNOLOGIES, INC 814 S. MILITARY TRAil DEERFIElD BEACH FL 33442 Property Mtn SCOTT HARVEY 8480 RAYMOND DRIVE BOYNTON BEACH Fl 33437 Property Mtn WASTE MANAGEMENT 651 INDUSTRIAL WAY BOYNTON BEACH Fl 33426 Property Mtn Count 9 Subscription PALM BEACH POST 2751 SOUTH DIXIE HIGHWA WEST PALM BEACH FL 33416 Subscription SUN-SENTINEL P,O. BOX 100606 ATLANTA GA 30384 Subscription Count 2 Various CITY OF BOYNTON BEACH p, 0, BOX 310 BOYNTON BEACH FL 33425 Various Count 1 Wi-Fi CONTROL COMMUNICATIONS 1029 N. FORIDA MANGO RO WEST PALM BEACH FL .B40SJ Wi-Fi INSIGHT PUBLIC SECTOR PO BOX 713096 COLUMBUS OH 43271 ...._-<- Wi-Fi Count 2 Grand Count 248 " ,f BOYNTON BEACH CRA VENDOR LIST VENDORS ACTIVE AS OF 71112007 Ranked by: State, City I Description IVENDOR NAME IADDRESS ICITY ISTATE I ZIP I (1 ) Marina MOBILE MINI, INC P.O. BOX 79149 PHOENIX AZ 85062-9149 AZ Count 1 (2) Finance TROY GROUP, INC. 940 SOUTH COAST DRIVE COSTA MESA CA 92626 CA Count 1 (3) Membership INTERNATIONAL DOWNTOWN ASSOCIATION 1250 H STREET, NW WASHINGTON DC 20005 (4) Membership INTERNATIONAL ECONOMIC DEV'L BOARD 73415 STREET NW, SUITE WASHINGTON DC 20005 (5) Membership ULI THE URBAN LAND INSTIT DEPARTMENT 186 WASHINGTON DC 20055-0816 DC Count 3 (6) Development TRANS-STATE TITLE INSURANC 18205 BISCAYNE BLVD AVENTURA FL 33160 (7) Marketing ACADEMY TROPHIES & AWARDS, 21073 POWERLlNE ROAD, # BOCA RATON FL 33433 (8) Events ALL AMERICAN GAMING 1820 N DIXIE HIGHWAY BOCA RATON FL 33432 (9) Events ALL ON STAGE PRODUCTIONS. 128 NW 20TH STREET, UNI BOCA RATON FL 33431 (10) Operations AQUA SPRINGS NATURAL WATER 540 NW 77TH STREET BOCA RATON FL 33487 (11 ) Events BOCA RATON EDUCATIONAL TELEVISION 327 PLAZA REAL, SUITE 3 BOCA RATON FL 33432 (12) Finance DASZKAL BOL TON LLP 2401 NW BOCA RATON BOUL BOCA RATON FL 33431-6632 (13) Development FIRST FLORIDA TITLE COMPANY 4800 NORTH FEDERAL HIGH BOCA RATON FL 33431 (14) Membership GREATER BOCA RATON CHAMBER 1800 N. DIXIE HIGHWAY BOCA RATON FL 33432 (15) Bldg Mtn HOMETOWN PEST CONTROL, INC 1714 COSTA DEL SOL BOCA RATON FL 33432 (16) Events JANIS BUCHER 6372 LA COST A DRIVE, #4 BOCA RATON FL 33433 (17) Benefits L.J. CRAIG & ASSOCIATES P.O. BOX 1628 BOCA RATON FL 33429-1628 (18) Legal RUDEN MCCLOSKY 4800 N FEDERAL HWY SUIT BOCA RATON FL 33431 (19) Development THE GALLEON ATTN:SUZANNESANDERS BOCA RATON FL 33496 (20) Finance VITAVER & ASSOCIATES, INC. 2385 EXECUTIVE CENTER D BOCA RATON FL 33431 (21 ) Marketing PRO DVD MAKERS 112 SOUTH FEDERAL HIGHW BOYNTON BEACH FL 33435 (22) Marina A-1 SUN MOVERS 651 SEAVIEW AVE BOYNTON BEACH FL 33435 (23) Bldg Mtn AIR REF CO 550 INDUSTRIAL WAY BOYNTON BEACH FL 33426 (24) Bldg Mtn ASTRO AIR, INC P.O. BOX 397 BOYNTON BEACH FL 33425 (25) Bldg Mtn BOYNTON ACE HARDWARE 510 EAST BOYNTON BEACH BOYNTON BEACH FL 33435 (26) Membership BOYNTON BEACH CHAMBER OF COMMERCE 639 EAST OCEAN AVENUE, BOYNTON BEACH FL 33435 (27) Development BOYNTON BEACH FAITH BASED CDC POST OFFICE BOX 337 BOYNTON BEACH FL 33425-0337 (28) Events BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD BOYNTON BEACH FL 33426 (29) Community BOYNTON BEACH SISTER CITIES 100 EAST BOYNTON BEACH BOYNTON BEACH FL 334265 (30) Events BOYNTON CULTURAL CENTRE 129 EAST OCEAN AVE BOYNTON BEACH FL 33435 (31 ) Events BOYNTON WOMAN'S CLUB. INC. P.O. BOX 1135 BOYNTON BEACH FL 33425 (32) Property Mtn BRIDGES & SONS INC. 207 SW 10TH STREET BOYNTON BEACH FL 33444 (33) Insurance BURKEY RISK SERVICES. INC. 2240 WOOLBRIGHT ROAD BOYNTON BEACH FL 33426-6332 (34) Operations C.K.'S SECURITY SYSTEMS 301 S.E. 4TH STREET BOYNTON BEACH FL 33435 (35) Events CHEZ GOURMET 1716 CORPORATE DRIVE BOYNTON BEACH FL 33426 (36) Events CHIP POWELL 4975 PARK RIDGE BLVD BOYNTON BEACH FL 33426 (37) Various CITY OF BOYNTON BEACH P. O. BOX 310 BOYNTON BEACH FL 33425 (38) Operations CLEAR COPY, INC. 1304 N. FEDERAL HWY BOYNTON BEACH FL 33435 (39) Operations COASTAL EXPRESS, INC. 139 LAKE MONTEREY CIRCL BOYNTON BEACH FL 33426 (40) Community COMMUNITY CARING CENTER 145 NE 4TH AVE BOYNTON BEACH FL 33435 (41) Bldg Mtn DAVCO ELECTRICAL CONTRACTORS 4885 PARK RIDGE BLVD. BOYNTON BEACH FL 33426-8316 (42) Property Mtn FIRST GENESIS LAWN SERVICE P.O. BOX 244061 BOYNTON BEACH FL 33461 (43) Events FLORIDA FESTIVAL AND EVENTS ASSOC. 4174 PALO VERDE DRIVE BOYNTON BEACH FL 33436 Page 1 of 6 BOYNTON BEACH CRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: State, City I Description IVENDOR NAME IADDRESS ICITY ISTATE I ZIP I (44) Community FRATERNAL ORDER OF POLICE GOLD COAST LODGE #49 BOYNTON BEACH FL 33425 (45) Bldg Mtn GATOR HOME SERVICES, LLC 6208 JAIPUR CT. BOYNTON BEACH FL 33437 (46) Development GEOWEB CONSULTING SERVICES 117 SOUTH SEACREST BLVD BOYNTON BEACH FL 33435 (47) Operations HOME DEPOT - DEPT. 32-2540 P.O. BOX 9055 BOYNTON BEACH FL 33435 (48) Development HURRICANE ALLEY 529 EAST OCEAN AVENUE BOYNTON BEACH FL 33435 (49) Marketing INNOVATIVE PRINTING 310 N. FEDERAL HIGHWAY BOYNTON BEACH FL 33435 (50) Events INTERNATIONAL PARKING SYSTEM 4781 N, CONGRESS AVE. S BOYNTON BEACH FL 33426 (51 ) Development KU HOLDINGS LLC d/b/a VILLAGE ICE CREAM BOYNTON BEACH FL 33435 (52) Marina MARINA ENGINEERING & CONST 130 SW 24TH AVENUE BOYNTON BEACH FL 33435 (53) Marina MARINA VILLAGE AT BOYNTON 625 CASA LOMA BLVD. BOYNTON BEACH FL 33435 (54) Development MARY LAW LAW REALTY BOYNTON BEACH FL 33435 (55) Bldg Mtn PROCTOR FIRE EXTINGUISHER. 1499 SW 30TH AVE BOYNTON BEACH FL 33426 (56) Events PYRAMID BOOKS 544-2 GATEWAY BLVD. BOYNTON BEACH FL 33435 (57) Events R, M. LEE COMMUNITY DEVELO 900 NORTH SEACREST BLVD BOYNTON BEACH FL 33435 (58) Legal RICHARD L. SHEPARD & ASSOC 219 SE 23RD AVE. BOYNTON BEACH FL 33435 (59) Events RICKY R. ROUNDTREE 405 NW. 16TH AVENUE BOYNTON BEACH FL 33435 (60) Events ROB LARSON 10331 N. GREENTRAIL DRI BOYNTON BEACH FL 33436 (61 ) Community SCHOOLHOUSE CHILDREN'S MUSEUM 129 EAST OCEAN AVENUE BOYNTON BEACH FL 33435 (62) Property Mtn SCOTT HARVEY 8480 RAYMOND DRIVE BOYNTON BEACH FL 33437 (63) Marina SEA MIST MARINA. INC 700 CASA LOMA BLVD BOYNTON BEACH FL 33425-0190 (64) Events SIGN A RAMA, INC. 10114 SOUTH MILITARY TR BOYNTON BEACH FL 33436 (65) Operations SUNTRUST P. O. BOX 4928 BOYNTON BEACH FL 33435 (66) Operations THE BLOSSOM SHOPPE 402 EAST OCEAN AVENUE BOYNTON BEACH FL 33435 (67) Events THE EMBROIDERY LOFT 600 NW 26TH COURT BOYNTON BEACH FL 33426 (68) Marina TOWBOAT US BOYNTON 720 RIDER ROAD BOYNTON BEACH FL 33435 (69) Marina TWO GEORGES WATERFRONT GRILLE 728 CASA LOMA BLVD. BOYNTON BEACH FL 33435 (70) Marketing ~RTUALTECHNOLOGYENTERPR 1375 Gateway Blvd BOYNTON BEACH FL 33427 (71 ) Property Mtn WASTE MANAGEMENT 651 INDUSTRIAL WAY BOYNTON BEACH FL 33426 (72) Marina WAYPOINT MARINA INC P.O. BOX 747 BOYNTON BEACH FL 33425 (73) Bldg Mtn WILSON'S CLEANING & MAINTE 11338 MILLPOND GREENS D BOYNTON BEACH FL 33437 (74) Development TROPICAL DEMOLITION. INC, 2760 PINE LILY LANE COCOA FL 32926 (75) Finance PMG ASSOCIATES, INC 4171 WEST HILLSBORO BOU COCONUT CREEK FL 33073 (76) Events SHOWPRO, INC, 8202 WILES ROAD CORAL SPRINGS FL 33067 (77) Events TOUCHPOLLOFSOUTHFLO~DA 10625 NW 47TH COURT CORAL SPRINGS FL 33076 (78) Property Mtn ACTION FENCE CORPORATION 4663 SW 45TH STREET DAVIE FL 33314 (79) Development HARRY C. NEWSTREET & ASSOC 1330 WEST NEWPORT CENTE DEERFIELD BEACH FL 33442 (80) Property Mtn NATIVE TECHNOLOGIES, INC. 814 S. MILITARY TRAIL DEERFIELD BEACH FL 33442 (81) Events Me CLEARY. MICHAEL 907 W RICH AVENUE DELAND FL 32720 (82) Property Mtn CAMILUCCI SIGNS, LLC 350-A NE 4TH ST DELRAY BEACH FL 33444 (83) IT CONVERGED SOLUTIONS & SERVICES 1405 NORTH CONGRESS AVE DELRA Y BEACH FL 33445 (84) Development DELRAY BLUEPRINT CO 550 NE 5TH AVENUE DELRAY BEACH FL 33483 :85) Events ELLIE'S CATERING/CULlNAR\' 2410 N FEDERAL HIGHWAY DELRAY BEACH FL '3484 (86) Development ENVIRODESIGN ASSOC INC "98 PINEAPPLE GROVE \,vA' DELRA Y BEACH ,-, J,3444 r-'[ 187) Events ERIC W AKERS 124 NW 4TH AVE DELRA Y BEACH r- 33444 (88) Events EVOLUTION ENTERTAINMENT 948 NW 37TH AVENUE DELRAY BEACH F 33445 (89) Membershlr' GREATER DELRAY BEACH CHAMBEF' R4A SF FIFTH AVE OELRAY BEACH F '348:> ~,) rll )t ;- , BOYNTON BEACH CRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: State, City I Description IVENDOR NAME IADDRESS ICITY ISTATE I ZIP I (90) Property Mtn JOSEPH PHILLlSTIN 1420 N. SWINTON AVENUE DELRAY BEACH FL 33444 (91) Events REGAL FLAGS AND POLES, INC 1395 NW 17TH AVE DELRAY BEACH FL 33445 (92) Bldg Mtn RUSSELL B. JENNINGS, INC 2703 N DIXIE HWY DELRA Y BEACH FL 33483 (93) Operations SAFE & SECURE SELF STORAGE 2512 N. FEDERAL HIGHWAY DELRAY BEACH FL 33483 (94) Marina SEA DIVERSIFIED, INC. 1200 NW 17th AVENUE DELRAY BEACH FL 33445 (95) Events SUNSET ENTERTAINMENT GROUP 1420 NORTH SWINTON AVEN DELRAY BEACH FL 33444 (96) Events SUNSHINE GOLF CAR 9740 WEST ATLANTIC AVEN DELRA Y BEACH FL 33446 (97) Development YACHTSMAN PROPERTIES LLC C/O KOBY COHEN DELRAY BEACH FL 33483 (98) Marketing AMBIT MARKETING COMMUNICAT 2455 EAST SUNRISE BLVD FORT LAUDERDALE FL 33304 (99) Operations AMERICAN EXPRESS P.O. BOX 360002 FORT LAUDERDALE FL 33336-0002 (100) Legal JOHNSON,ANSELMO,MURDOCH,BU 2455 E. SUNRISE BLVD FORT LAUDERDALE FL 33304 (101 ) Operations UNITED SHIPPING SOLUTIONS ATTN: ACCOUNTS RECEIVAB FORT LAUDERDALE FL 33310-5566 (102) Marina US CHART SERVICES, INC 930 TEQUESTA STREET FORT LAUDERDALE FL 33312 (103) Bldg Mtn CRITTER CONTROL 2895 WEST PROSPECT ROAD FT LAUDERDALE FL 33309 (104) Events TIMOTHY FRALEY 709 SW 4th COURT FT LAUDERDALE FL 33312 (105) Marina FLORIDA CRUISING DIRECTORY P.O. BOX 21586 FT. LAUDERDALE FL 33335 (106) Legal GOREN, CHEROF, DOODY & EZR 3099 EAST COMMERCIAL BL FT. LAUDERDALE FL 33308 (107) Community HISPANIC WOMEN OF DISTINCT 1975 E SUNRISE BLVD. # FT. LAUDERDALE FL 33304 (108) Events JOHN I LEONARD HIGH SCHOOL 4701 10TH AVE NORTH GREENACRES FL 33463 (109) Events MILT JOSLIN 4701 10TH AVE NORTH GREENACRES FL 33463 (110) Events PROFESSIONAL GOLF CAR CORP 5385 LAKE WORTH ROAD GREENACRES FL 33463 (111 ) Bldg Mtn SCHOLZ PLUMBING INC, BRYON 149 SWAIN BLVD GREENACRES FL 33463 (112) Events V2E PARTY PLANNERS LLC 3125 W 80TH STREET HIALEAH FL 33018 (113) Events CELEBRATION SOURCE, INC. PO BOX 224058 HOLLYWOOD FL 33022 (114) Events CRAWFORD, CHARLES J. 550 WATERSIDE DRIVE HYPOLUXO FL 33462 (115) Events/Operations EXOTIC SIGNS. INC. 7928 CORAL STREET HYPOLUXO FL 33462 (116) Marketing GRT AD SERVICES, INC 1194 DIXIE HWY #15 LAKE PARK FL 33403 (117) Events BILL ADAMS 7762 HOFFY CIRCLE LAKE WORTH FL 33407 (118) Events JASON COCHRAC 1701 LAKE WORTH ROAD LAKE WORTH FL 33460 (119) Events JEFF CHAFIN 5091 WOODSTONE CIRCLE N LAKE WORTH FL 33463 (120) Events LAKE WORTH COMMUNITY HIGH SCHOOL 1701 LAKE WORTH ROAD LAKE WORTH FL 33460 (121 ) Marina MADSEN/BARR CORPORATION 12113 INDIAN MOUND ROAD LAKE WORTH FL 33467 (122) Events MANHATTAN TROPHIES 1411 NORTH DIXIE HWY LAKE WORTH FL 33460 (123) Bldg Mtn NOZZLE NOLEN, INC. 3975 COCONUT ROAD LAKE WORTH FL 33461 (124) Development RIGHT ON CONSTRUCTION, INC 123 SOUTH GOLF VIEW DRI LAKE WORTH FL 33460 (125) Events/Operations SUPERB SIGNS, INC. 7521 ANSON COURT LAKE WORTH FL 33467 (126) Events THELMA LYONS 7669 BRUNSON CIRCLE LAKE WORTH FL 33467 (127) Insurance FLORIDA RETAIL FEDERATION P.O. BOX 32034 LAKELAND FL 33802 (128) Bldg Mtn BEST ELECTRIC CONNECTIONS, 802 SOUTH 10TH STREET LANTANA FL 33462 (129) Events TOWN OF LANTANA 500 GREYNOLDS CIRCLE LANTANA FL 33462 (130) Events T.J. SALTER 15426 82ND LANE NORTH LOXAHATCHEE FL 33470 (131 ) Operations FPL FLORIDA POWER & LIGHT Operations MAIL FACILITY MIAMI FL 33188 (132) Events FRIENDLY JOHN, INC. P.O. BOX 440665 MIAMI FL 33144 (133) Events JENKINS, JIMMIE 1251 NW 44TH STREET MIAMI FL 33142 (134) Events LEAH SCHILLINGER 9601 SW 142ND AVE MIAMI FL 33186 (135) Events NES TRAFFIC SAFETY, INC. 3100 NW 7TH AVENUE MIAMI FL 33127 Page 3 of 6 BOYNTON BEACH CRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: State, City I Description IVENDOR NAME IADDRESS ICITY ISTATE I ZIP I (136) Finance RELATED GROUP OF FLORIDA 315 SOUTH BISCAYNE BLVD MIAMI FL 33131 (137) Events THE BAHAMAS JUNKANOO SHAKE 1720 NW. 90TH STREET MIAMI FL 33147 (138) Events/Operations FASTSIGNS, INC. 421 NORTHLAKE BLVD NORTH PALM BEACH FL 33408 (139) Finance DUFRESNE & ASSOCIATES, CPA P.O, BOX 1179 ORANGE PARK FL 32067 (140) Finance GNP SERVICES, CPA. PA 357 STILES AVENUE ORANGE PARK FL 32073 (141 ) Marina MSCW,INC, 4750 NEW BROAD STREET ORLANDO FL 32814 (142) Events HOLIDAY ILLUMINATIONS, INC 9337-B HOWELL LANE PALM BEACH GARDENS FL 33418 (143) Events TIMOTHY BURGER 2555 PGA BLVD PALM BEACH GARDENS FL 33410 (144) Development FIRST AMERICAN TITLE COMPANY 1630 SOUTH CONGRESS AVE PALM SPRINGS FL 33461 (145) Development ARS ENVIRFONMENTAL, INC. 10097 CLEARY BOULEVARD PLANTATION FL 33324 (146) Development DWIGHT HOFFMAN 500 SE 13TH STREET POMPANO BEACH FL 33060 (147) Marina PETROLEUM & CONSTRUCTION S 1330 S ANDREWS AVE POMPANO BEACH FL 33069 (148) Events ROBERT WALLACE 371 21 ST STREET RIVIERA BEACH FL 33407 (149) Events TIM NANCE 1901 AVE S RIVIERA BEACH FL 33404 (150) Events WILL HICKS 2546 WESTCHESTER DRIVE RIVIERA BEACH FL 33407 (151 ) Events ALJOHNSON 2070 RESTON CIRCLE ROYAL PALM BEACH FL 33411 (152) Development TREASURE COAST REGIONAL 301 EAST OCEAN BLVD. ST STUART FL 34994 (153) Development RIDGEWOOD TITLE OF SOUTH FLORIDA 530 SAWGRASS CORPORATE SUNRISE FL 33325 (154) Lobbyist ALEKSANDER GROUP, INC. P.O. BOX 11007 TALLAHASSEE FL 32302 (155) Marina DEP- STORAGE TANK REGISTRATION P.O. BOX 3070 TALLAHASSEE FL 32315 (156) Membership FGFOA P.O. BOX 10270 TALLAHASSEE FL 32302 (157) Marina FLORIDA DEPT OF BUSINESS 1940 NORTH MONROE STREE TALLAHASSEE FL 32399 (158) Marina FLORIDA DEPT OF REVENUE ACCOUNT NO. 99801684 TALLAHASSEE FL :,2399-0180 (159) Finance FLORIDA DEPT. OF COMMUNITY AFFAIRS FINANCE & ACCOUNTING OF TALLAHASSEE FL 32399-2100 (160) Membership FLORIDA REDEVELOPMENT ASSOC P.O. BOX 1757 TALLAHASSEE FL 32302-1757 1161 ) Insurance FLORIDA U.C. FUND 5050 W TENNESSEE ST TALLAHASSEE FL 32399 (162) Lobbyist SMITH & BALLARD 403 EAST PARK AVENUE TALLAHASSEE FL 32301 (163) Membership VISIT FLORIDA POST OFFICE BOX 1100 TALLAHASSEE FL 32302 (164) Operations CINGULAR WIRELESS PO BOX 31488 TAMPA FL 33631-3488 (165) Events A ALL STAR ENTERTAINMENT 5465 BERRY BLOSSOM WAY WEST PALM BEACH FL 33415 (166) Marina AFFORDABLE RESTORATION & DETAILING 375 CHATHAM STREET WEST PALM BEACH FL 33417 (167) Development ANDERSON & CARR, INC. 521 SOUTH OLIVE AVENUE WEST PALM BEACH FL \:\401-5907 (168) Events B & B GRAPHICS 730 BELVEDERE ROAD WEST PALM BEACH FL 33405 (169) Events BEAR LAKES MIDDLE SCHOOL 3505 SHENANDOAH BLVD WEST PALM BEACH FL 33409 (170) Property Mtn BURKHARDT CONSTRUCTION 1400 ALABAMA AVENUE #20 WEST PALM BEACH FL 33401 (171 ) Membership BUSINESS DEVELOPMENT BOARD 310 EVERNIA STREET WEST PALM BEACH FL 33401 (172) Police C KALOGEROPOULOS/ AR DET AI 375 CHATHAUM SOUTH WEST PALM BEACH FL 33417 1173) Events C4 PARTY RENTAL 173 N. CLEARY ROAD, 0-1 WEST PALM BEACH FL 33413 (174) Development CALLAWAY & PRICE, INC 1639 FORUM PLACE WEST PALM BEACH FL 33401 (175) Events CBS RADIO, INC 701 NORTHPOINT PARKWAY WEST PALM BEACH FL 33407 1176) Events CLAM BAKER PRODUCTIONS 4047 OKEECHOBEE BLVD, S WEST PALM BEACH FL 33409 177\ Wi-Fi CONTROL COMMUNICATION~ 1029 N. FORIDA MANGO RO WEST PALM BEACH Fl 13409 178) Events FISHER GRAPHICS, INC 528 FERGUSSON LANE WEST PALM BEACi-' F[ 1341[-; :1791 Development HEDRICK BROTHERS CONSTRUe 2200 CENTREPARK WEST DR WEST PALM BEACH i=[ ~3409 (180) Membership HOUSING LEADERSHIP COUNCIL 700 SOUTH DIXIE HIGHWAY WEST PALM BEACH FL ~3401 181 i Bldq Mtn HULETT ENVIRONMENTAL SERVICES POBOX 220928 WEST PALM BEACH FI '.,r):092p. :',JH~I ' . Ii f" BOYNTON BEACH CRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: State, City I Description IVENDOR NAME IADDRESS ICITY ISTATE I ZIP I (182) IT INTERNET MANAGEMENT CORP 6742 FOREST HILL BLVD WEST PALM BEACH FL 33413 (183) Events JUSTIN JACOBS 1900 NORTH AUSTRALIAN A WEST PALM BEACH FL 33407 (184) Legal LEWIS, LONGMAN & WALKER, I 1700 PALM BEACH LAKES B WEST PALM BEACH FL 33401 (185) Development M. P. CONSULTANTS, INC. 11257 56TH PL. N. WEST PALM BEACH FL 33411 (186) Development MOLLY'S TROLLEYS 2625 MERCER AVENUE WEST PALM BEACH FL 33401 (187) IT ON-HOLD TECHNOLOGIES 2247 PALM BEACH LAKES B WEST PALM BEACH FL 33409 (188) Finance PALM BEACH COUNTY-FINANCE DEPT. PALM BEACH COUNTY WEST PALM BEACH FL 33401 (189) Finance PALM BEACH COUNTY-TAX COLLECTOR P.O. BOX 3353 WEST PALM BEACH FL 33402-3353 (190) Subscription PALM BEACH POST 2751 SOUTH DIXIE HIGHWA WEST PALM BEACH FL 33416 (191 ) Development REG ARCHITECTS INC 307 EVERNIA STREET WEST PALM BEACH FL 33401 (192) Events ROOSEVELT MIDDLE SCHOOL 1900 NORTH AUSTRALIAN A WEST PALM BEACH FL 33407 (193) Events SANDY-JAMES FINE FOODS CAT P.O BOX 4804 WEST PALM BEACH FL 33407 (194) Development SCHOOL DISTRICT OF PALM BEACH CTY. 3300 FOREST HILL BLVD. WEST PALM BEACH FL 33406 (195) Development SCOTT KLINE 1441 Brandywine Rd. 400 WEST PALM BEACH FL 33410 (196) Events SIOBHAN Y. FERGIELS 3505 SHENANDOAH BLVD WEST PALM BEACH FL 33409 (197) Events TONY THOMAS 514 SHADY PINE WAY, A2 WEST PALM BEACH FL 33415 FL Count 192 (198) Operations AT&T PO BOX 105262 ATLANTA GA 30348-5262 (199) Benefits BLUE CROSS BLUE SHIELD OF FLORIDA P.O. BOX 105358 ATLANTA GA 30348 (200) IT DELL COMPUTERS C/O DELL USA L.P, ATLANTA GA 30353-4118 (201) Development EDAW. INC. 817 WEST PEACHTREE ST ATLANTA GA 30308 (202) Development KIMLEY-HORN AND ASSOCIATES P.O. BOX 932520 ATLANTA GA 31193-2520 (203) Development POST, BUCKLEY, SCHUH BOX 409357 ATLANTA GA 30384-9357 (204) Subscription SUN-SENTINEL P.O. BOX 100606 ATLANTA GA 30384 (205) Finance THE MERGIS GROUP P.O. BOX 100153 ATLANTA GA 30384 (206) Events UNITED RENTALS P.O. BOX 100711 A TLANT A GA 30384-0711 (207) Marina MANSFIELD OIL COMPANY OF G 1025 AIRPORT PARKWAY GAINESVILLE GA 30501 (208) Operations MILNER, INC P,O BOX 923197 NORCROSS GA 30010-3197 (209) Benefits COMP BENEFITS - VISION GROUP NO. VS5252 ROSWELL GA 30076 GA Count 12 (210) Operations STAPLES DEPT. 51-7819556308 DES MOINES IA 50368-9020 IA Count 1 (211 ) Benefits LINCOLN NATIONAL LIFE INSURANCE P.O. BOX 0821 CAROL STREAM IL 60132-0821 (212) Finance ACCOUNTEMPS 12400 COLLECTIONS CENTE CHICAGO IL 60693 (213) Membership APA AMERICAN PLANNING ASSOC. P. 0, BOX 97774 CHICAGO IL 60678-7774 (214) Membership GOVERNMENT FINANCE OFFICERS ASSOC. 3076 EAGLE WAY CHICAGO IL 60678-1030 (215) Operations KONICA MINOLTA BUSINESS SOLUTIONS 21146 NETWORK PLACE CHICAGO IL 60673-1211 (216) Operations OFSI - OCE FINANCIAL SERVI 13824 COLLECTIONS CENTE CHICAGO IL 60693-0000 (217) Membership ULI - URBAN LAND INSTITUTE Ale #910-0035702-000 CHICAGO IL 60673-1211 (218) Membership FLORIDA TREND SUBSCRIBER SERVICE DEPT MT MORRIS IL 61054-0493 (219) Benefits METLlFE DEPT CH 10579 PALATINE IL 60055-0579 (220) Operations ULlNE 2200 S LAKESIDE DRIVE W AUKEGAN IL 60085 IL Count 10 (221 ) Operations BARADA ASSOCIATES, INC. 130 EAST SECOND STREET RUSHVILLE IN 46173 IN Count 1 Page 5 of 6 BOYNTON BEACH CRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: State, City I Descri ption IVENDOR NAME IADDRESS ICITY ISTATE I ZIP I (222) Operations OCE IMAGISTICS INC, P.O. BOX 856193 lOUISVlllE KY 40285-6193 (223) Operations PITNEY BOWES INC. RE: COPIER lEASE lOUISVlllE KY 40285-6179 KY Count 2 (224) Membership WAll STREET JOURNAL 200 BURNETT ROAD CHICOPEE MA 1020 MA Count 1 (225) Benefits leMA RETIREMENT CORPORATIO ATTN: CORPORATE ACCOUNT BALTIMORE MD 21263-1554 (226) Membership SHRM - SOCIETY FOR HUMAN RESOURCES P,O BOX 791139 BALTIMORE MD 21279-1139 (227) Finance VANTAGE POINTS TRANSFER AG C/O M & T BANK - PLAN # BALTIMORE MD 21264-4668 (228) Operations SUNDOWNER MOTOR INN. llC 1112 WESTWICKE lANE lUTHERVlllE MD 21093 MD Count 4 (229) Finance US BANK, INC CM-9705 SAINT PAUL MN 55170-9705 MN Count 1 (230) Development TOTER INC. P.O. BOX 5338 STATEVlllE NC 28687 -5338 NC Count 1 (231 ) Membership DOWNTOWN IDEA EXCHANGE 712 MAIN STREET BOONTON NJ 7005 NJ Count 1 (232) Events FIREWORKS BY GRUCCI, INC ONE GRUCCI lANE BROOKHAVEN NY 11719 (233) Operations BAYARD ADVERTISING AGENCY. P.O. BOX 5158 NEW YORK NY 10087-5158 (234) Membership INTERNATIONAL COUNCil OF SHOPPING CENT P.O. BOX 26958 NEW YORK NY 10087-6958 (235) Marina SEA SPill INTERNATIONAL PO BOX 1178 SOUTHOLD NY 11971 NY Count 4 (236) Operations OFFICE DEPOT, INC. PO, BOX 633211 CINCINNATI OH 45263-3211 (237) Wi-Fi INSIGHT PUBLIC SECTOR P.O. BOX 713096 COLUMBUS OH 43271 OH Count 2 i238) Membership COUNCil OF DEVELOPMENT FINANCE 301 NW 63RD STREET SUIT OKLAHOMA CITY OK 73116 OK Count 1 (239) Finance PFM ASSET MANAGEMENT, INC. TWO lOGAN SQUARE, STE 1 PHilADELPHIA PA 19103 (240) IT SOFTWARE HOUSE INTERNATIONAL P.O.BOX 8500-41155 PHilADELPHIA PA 19178 (241 ) Operations UPS P.O. BOX 7247-0244 PHilADELPHIA PA 19170-0001 PA Count 'J, (242) Finance CRAMER COMPUTER SUPPLIES D/B/A DATA FLOW AMARillO TX 79120-2566 (243) Finance DATA FLOW P,O. BOX 32566 AMARillO TX 79120-2566 (244) Finance BANK OF AMERICA, NA PO BOX 660576 DALLAS TX 75266-0576 (245) Operations FED EX P O. BOX 660481 DAllAS TX 75266-0481 (246) IT TELE-COMMUNICATION, INC 7100 OLD KATY ROAD HOUSTON TX 77024-2112 (247) Finance TYLER TECHNOLOGIES, INC. INCODE LUBBOCK TX 79416 TX Count h i248) Membership NAIOP. INC NAT'L ASSOC. OF INDUSTR CHANTlll Y VA 20153-3353 V A Count Grand Count >lP )4 (It i BOYNTON BEACH eRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: Alpha I Description IVENDOR NAME IADDRESS ICITY I STATE I ZIP I (1 ) Events A ALL STAR ENTERTAINMENT 5465 BERRY BLOSSOM WAY WEST PALM BEACH FL 33415 (2) Marina A-1 SUN MOVERS 651 SEAVIEW AVE BOYNTON BEACH FL 33435 (3) Marketing ACADEMY TROPHIES & AWARDS. 21073 POWERLlNE ROAD, # BOCA RATON FL 33433 (4) Finance ACCOUNTEMPS 12400 COLLECTIONS CENTE CHICAGO IL 60693 (5) Property Mtn ACTION FENCE CORPORATION 4663 S.w. 45TH STREET DAVIE FL 33314 (6) Marina AFFORDABLE RESTORATION & DETAILING 375 CHATHAM STREET WEST PALM BEACH FL 33417 (7) Bldg Mtn AIR REF CO 550 INDUSTRIAL WAY BOYNTON BEACH FL 33426 (8) Events ALJOHNSON 2070 RESTON CIRCLE ROYAL PALM BEACH FL 33411 (9) Lobbyist ALEKSANDER GROUP, INC. P.O. BOX 11007 TALLAHASSEE FL 32302 (10) Events ALL AMERICAN GAMING 1820 N DIXIE HIGHWAY BOCA RATON FL 33432 (11 ) Events ALL ON STAGE PRODUCTIONS, 128 NW 20TH STREET, UNI BOCA RATON FL 33431 (12) Marketing AMBIT MARKETING COMMUNICA T 2455 EAST SUNRISE BLVD FORT LAUDERDALE FL 33304 (13) Operations AMERICAN EXPRESS P.O. BOX 360002 FORT LAUDERDALE FL 33336-0002 (14) Development ANDERSON & CARR, INC. 521 SOUTH OLIVE AVENUE WEST PALM BEACH FL 33401-5907 (15) Membership APA AMERICAN PLANNING ASSOC. P. O. BOX 97774 CHICAGO IL 60678-7774 (16) Operations AQUA SPRINGS NATURAL WATER 540 NW 77TH STREET BOCA RATON FL 33487 (17) Development ARS ENVIRFONMENTAL, INC. 10097 CLEARY BOULEVARD PLANTATION FL 33324 (18) Bldg Mtn ASTRO AIR, INC P,O. BOX 397 BOYNTON BEACH FL 33425 (19) Operations AT&T PO BOX 105262 ATLANTA GA 30348-5262 (20) Events B & B GRAPHICS 730 BELVEDERE ROAD WEST PALM BEACH FL 33405 (21 ) Finance BANK OF AMERICA. NA PO BOX 660576 DALLAS TX 75266-0576 (22) Operations BARADA ASSOCIATES, INC. 130 EAST SECOND STREET RUSHVILLE IN 46173 (23) Operations BAYARD ADVERTISING AGENCY, P.O. BOX 5158 NEW YORK NY 10087-5158 (24) Events BEAR LAKES MIDDLE SCHOOL 3505 SHENANDOAH BLVD WEST PALM BEACH FL 33409 (25) Bldg Mtn BEST ELECTRIC CONNECTIONS, 802 SOUTH 10TH STREET LANTANA FL 33462 (26) Events BILL ADAMS 7762 HOFFY CIRCLE LAKE WORTH FL 33407 (27) Benefits BLUE CROSS BLUE SHIELD OF FLORIDA P.O. BOX 105358 A TLANT A GA 30348 (28) Events BOCA RATON EDUCATIONAL TELEVISION 327 PLAZA REAL, SUITE 3 BOCA RATON FL 33432 (29) Bldg Mtn BOYNTON ACE HARDWARE 510 EAST BOYNTON BEACH BOYNTON BEACH FL 33435 (30) Membership BOYNTON BEACH CHAMBER OF COMMERCE 639 EAST OCEAN AVENUE, BOYNTON BEACH FL 33435 (31 ) Development BOYNTON BEACH FAITH BASED CDC POST OFFICE BOX 337 BOYNTON BEACH FL 33425-0337 (32) Events BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD BOYNTON BEACH FL 33426 (33) Community BOYNTON BEACH SISTER CITIES 100 EAST BOYNTON BEACH BOYNTON BEACH FL 334265 (34) Events BOYNTON CUL TURAL CENTRE 129 EAST OCEAN AVE BOYNTON BEACH FL 33435 (35) Events BOYNTON WOMAN'S CLUB, INC. P.O. BOX 1135 BOYNTON BEACH FL 33425 (36) Property Mtn BRIDGES & SONS INC. 207 SW 10TH STREET BOYNTON BEACH FL 33444 (37) Insurance BURKEY RISK SERVICES, INC. 2240 WOOLBRIGHT ROAD BOYNTON BEACH FL 33426-6332 (38) Property Mtn BURKHARDT CONSTRUCTION 1400 ALABAMA AVENUE #20 WEST PALM BEACH FL 33401 (39) Membership BUSINESS DEVELOPMENT BOARD 310 EVERNIA STREET WEST PALM BEACH FL 33401 (40) Police C KALOGEROPOULOS/ AR DETAI 375 CHATHAUM SOUTH WEST PALM BEACH FL 33417 (41) Operations C.K.'S SECURITY SYSTEMS 301 S.E. 4TH STREET BOYNTON BEACH FL 33435 (42) Events C4 PARTY RENTAL 173 N. CLEARY ROAD, D-1 WEST PALM BEACH FL 33413 (43) Development CALLAWAY & PRICE, INC. 1639 FORUM PLACE WEST PALM BEACH FL 33401 Page 1 of 6 BOYNTON BEACH eRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: Alpha I Description IVENDOR NAME IADDRESS ICITY 1ST A TE I ZIP I (44) Property Mtn CAMILUCCI SIGNS. LLC 350-A NE 4TH ST. DELRA Y BEACH FL 33444 (45) Events CBS RADIO, INC 701 NORTHPOINT PARKWAY WEST PALM BEACH FL 33407 (46) Events CELEBRATION SOURCE, INC. PO BOX 224058 HOLL YWOOD FL 33022 (47) Events CHEZ GOURMET 1716 CORPORATE DRIVE BOYNTON BEACH FL 33426 (48) Events CHIP POWELL 4975 PARK RIDGE BLVD BOYNTON BEACH FL 33426 (49) Operations CINGULAR WIRELESS PO BOX 31488 TAMPA FL 33631-3488 (50) Various CITY OF BOYNTON BEACH P. O. BOX 310 BOYNTON BEACH FL 33425 (51 ) Events CLAMBAKER PRODUCTIONS 4047 OKEECHOBEE BLVD, S WEST PALM BEACH FL 33409 (52) Operations CLEAR COPY, INC. 1304 N. FEDERAL HWY BOYNTON BEACH FL 33435 (53) Operations COASTAL EXPRESS, INC. 139 LAKE MONTEREY CIRCL BOYNTON BEACH FL 33426 (54) Community COMMUNITY CARING CENTER 145 NE 4TH AVE BOYNTON BEACH FL 33435 (55) Benefits COMP BENEFITS - VISION GROUP NO, VS5252 ROSWELL GA 30076 (56) Wi-Fi CONTROL COMMUNICATIONS 1029 N, FORIDA MANGO RO WEST PALM BEACH FL 33409 (57) IT CONVERGED SOLUTIONS & SERVICES 1405 NORTH CONGRESS AVE DEL RAY BEACH FL 33445 (58) Membership COUNCIL OF DEVELOPMENT FINANCE 301 NW 63RD STREET SUIT OKLAHOMA CITY OK 73116 (59) Finance CRAMER COMPUTER SUPPLIES D/B/A DATA FLOW AMARILLO TX 79120-2566 (60) Events CRAWFORD, CHARLES J 550 WATERSIDE DRIVE HYPOLUXO FL 33462 (61 ) Bldg Mtn CRITTER CONTROL 2895 WEST PROSPECT ROAD FT LAUDERDALE FL 33309 (62) Finance DASZKAL BOLTON LLP 2401 NW BOCA RATON BOUL BOCA RATON FL '\3431-6632 (63) Finance DATA FLOW P,O. BOX 32566 AMARILLO TX 79120-2566 (64) Bldg Mtn DAVCO ELECTRICAL CONTRACTORS 4885 PARK RIDGE BLVD BOYNTON BEACH FL 33426-8316 (65) IT DELL COMPUTERS C/O DELL USA L.P. ATLANTA GA 30353-4118 (66) Development DELRAY BLUEPRINT CO. 550 NE 5TH AVENUE DELRA Y BEACH FL 33483 (67) Marina DEP- STORAGE TANK REGISTRATION P.O. BOX 3070 TALLAHASSEE FL 32315 (68) Membership DOWNTOWN IDEA EXCHANGE 712 MAIN STREET BOONTON NJ 7005 (69) Finance DUFRESNE & ASSOCIATES, CPA P.O. BOX 1179 ORANGE PARK FL 32067 (70) Development DWIGHT HOFFMAN 500 SE 13TH STREET POMPANO BEACH FL 33060 (71 ) Development EDAW,INC, 817 WEST PEACHTREE ST ATLANTA GA 30308 (72) Events ELLIE'S CATERING/CULINARY 2410 N FEDERAL HIGHWAY DELRA Y BEACH FL 33484 (73) Development ENVIRODESIGN ASSOC , INC 298 PINEAPPLE GROVE WAY DELRA Y BEACH FL 33444 (74) Events ERIC W. AKERS 124 NW 4TH AVE DELRA Y BEACH FL 33444 (75) Events EVOLUTION ENTERTAINMENT 948 NW 37TH AVENUE DELRA Y BEACH FL 33445 (76) Events/Operations EXOTIC SIGNS, INC. 7928 CORAL STREET HYPOLUXO FL 33462 (77) Events/Operations FASTSIGNS. INC. 421 NORTH LAKE BLVD NORTH PALM BEACH FL 33408 (78) Operations FED EX P O. BOX 660481 DALLAS TX . ';2fiG-0481 (79) Membership FGFOA PO. BOX 10270 TALLAHASSEE FL 32302 (80) Events FIREWORKS BY GRUCCI. INC ONE GRUCCI LANE BROOKHAVEN NY 11719 (81 ) Development FIRST AMERICAN TITLE COMPANY 1630 SOUTH CONGRESS AVE PALM SPRINGS FL 33461 (82) Development FIRST FLORIDA TITLE COMPANY 4800 NORTH FEDERAL. HIGH BOCA RATON FL. ,343; (83) Property Mtn FIRST GENESIS LAWN SERVICE POBOX 244061 BOYNTON BEACH "L .':14f (84) Events FISHER GRAPHICS. INC '"128 FERGUSSON Li\Nl:: WEST PALM BEAU F'::L _~34 -1 [ (85i Marina FLORIDA CRUISING DIRECTOR' PO BOX 21580 FT LAUDERDALE: f"L i333E 1861 Manna FLORIDA DEPT OF BUSINESS 1940 NORTH MONROE STREE TALLAHASSEE FL 3239~! -"1 nf' BOYNTON BEACH eRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: Alpha I Description IVENDOR NAME IADDRESS ICITY I STATE I ZIP I (87) Marina FLORIDA DEPT OF REVENUE ACCOUNT NO. 99801684 TALLAHASSEE FL 32399-0180 (88) Finance FLORIDA DEPT. OF COMMUNITY AFFAIRS FINANCE & ACCOUNTING OF TALLAHASSEE FL 32399-2100 (89) Events FLORIDA FESTIVAL AND EVENTS ASSOC. 4174 PALO VERDE DRIVE BOYNTON BEACH FL 33436 (90) Membership FLORIDA REDEVELOPMENT ASSOC, P.O. BOX 1757 TALLAHASSEE FL 32302-1757 (91) Insurance FLORIDA RETAIL FEDERATION P,O. BOX 32034 LAKELAND FL 33802 (92) Membership FLORIDA TREND SUBSCRIBER SERVICE DEPT MT MORRIS IL 61054-0493 (93) Insurance FLORIDA U.C. FUND 5050 W TENNESSEE ST TALLAHASSEE FL 32399 (94) Operations FPL FLORIDA POWER & LIGHT Operations MAIL FACILITY MIAMI FL 33188 (95) Community FRATERNAL ORDER OF POLICE GOLD COAST LODGE #49 BOYNTON BEACH FL 33425 (96) Events FRIENDLY JOHN, INC. P.O. BOX 440665 MIAMI FL 33144 (97) Bldg Mtn GATOR HOME SERVICES, LLC 6208 JAIPUR CT. BOYNTON BEACH FL 33437 (98) Development GEOWEB CONSULTING SERVICES 117 SOUTH SEACREST BLVD BOYNTON BEACH FL 33435 (99) Finance GNP SERVICES, CPA, PA 357 STILES AVENUE ORANGE PARK FL 32073 (100) Legal GOREN, CHEROF, DOODY & EZR 3099 EAST COMMERCIAL BL FT. LAUDERDALE FL 33308 (101 ) Membership GOVERNMENT FINANCE OFFICERS ASSOC, 3076 EAGLE WAY CHICAGO IL 60678-1030 (102) Membership GREATER BOCA RATON CHAMBER 1800 N. DIXIE HIGHWAY BOCA RATON FL 33432 (103) Membership GREATER DELRA Y BEACH CHAMBER 64A SE FIFTH AVE DELRAY BEACH FL 33483 (104) Marketing GRT AD SERVICES, INC 1194 DIXIE HWY#15 LAKE PARK FL 33403 (105) Development HARRY C. NEW STREET & ASSOC 1330 WEST NEWPORT CENTE DEERFIELD BEACH FL 33442 (106) Development HEDRICK BROTHERS CONSTRUCT 2200 CENTRE PARK WEST DR WEST PALM BEACH FL 33409 (107) Community HISPANIC WOMEN OF DISTINCT 1975 E SUNRISE BLVD, # FT. LAUDERDALE FL 33304 (108) Events HOLIDAY ILLUMINATIONS. INC 9337-B HOWELL LANE PALM BEACH GARDENS FL 33418 (109) Operations HOME DEPOT - DEPT. 32-2540 P.O. BOX 9055 BOYNTON BEACH FL 33435 (110) Bldg Mtn HOMETOWN PEST CONTROL, INC 1714 COSTA DEL SOL BOCA RATON FL 33432 (111 ) Membership HOUSING LEADERSHIP COUNCIL 700 SOUTH DIXIE HIGHWAY WEST PALM BEACH FL 33401 (112) Bldg Mtn HULETT ENVIRONMENTAL SERVICES P.O. BOX 220928 WEST PALM BEACH FL 33422-0928 (113) Development HURRICANE ALLEY 529 EAST OCEAN AVENUE BOYNTON BEACH FL 33435 (114) Benefits ICMA RETIREMENT CORPORA TIO ATTN: CORPORATE ACCOUNT BALTIMORE MD 21263-1554 (115) Marketing INNOVATIVE PRINTING 310 N, FEDERAL HIGHWAY BOYNTON BEACH FL 33435 (116) Wi-Fi INSIGHT PUBLIC SECTOR P.O, BOX 713096 COLUMBUS OH 43271 (117) Membership INTERNATIONAL COUNCIL OF SHOPPING CENTER: P.O, BOX 26958 NEW YORK NY 1 0087-6958 (118) Membership INTERNATIONAL DOWNTOWN ASSOCIATION 1250 H STREET, NW WASHINGTON DC 20005 (119) Membership INTERNATIONAL ECONOMIC DEV'L BOARD 73415 STREET NW, SUITE WASHINGTON DC 20005 (120) Events INTERNATIONAL PARKING SYSTEM 4781 N. CONGRESS AVE, S BOYNTON BEACH FL 33426 (121 ) IT INTERNET MANAGEMENT CORP 6742 FOREST HILL BLVD WEST PALM BEACH FL 33413 (122) Events JANIS BUCHER 6372 LA COSTA DRIVE, #4 BOCA RATON FL 33433 (123) Events JASON COCHRAC 1701 LAKE WORTH ROAD LAKE WORTH FL 33460 (124) Events JEFF CHAFIN 5091 WOODSTONE CIRCLE N LAKE WORTH FL 33463 (125) Events JENKINS, JIMMIE 1251 NW 44TH STREET MIAMI FL 33142 (126) Events JOHN I LEONARD HIGH SCHOOL 4701 10TH AVE NORTH GREENACRES FL 33463 (127) Legal JOH NSON ,ANSELMO ,MU RDOCH ,BU 2455 E. SUNRISE BLVD FORT LAUDERDALE FL 33304 (128) Property Mtn JOSEPH PHILLlSTIN 1420 N. SWINTON AVENUE DELRAY BEACH FL 33444 (129) Events JUSTIN JACOBS 1900 NORTH AUSTRALIAN A WEST PALM BEACH FL 33407 Page 3 of 6 BOYNTON BEACH eRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: Alpha I Description IVENDOR NAME IADDRESS ICITY I STATE I ZIP I (130) Development KIMLEY-HORN AND ASSOCIATES P.O. BOX 932520 ATLANTA GA 31193-2520 (131 ) Operations KONICA MINOL TA BUSINESS SOLUTIONS 21146 NETWORK PLACE CHICAGO IL 60673-1211 (132) Development KU HOLDINGS LLC d/b/a VILLAGE ICE CREAM BOYNTON BEACH FL 33435 (133) Benefits L.J. CRAIG & ASSOCIATES P.O. BOX 1628 BOCA RATON FL 33429-1628 (134) Events LAKE WORTH COMMUNITY HIGH SCHOOL 1701 LAKE WORTH ROAD LAKE WORTH FL 33460 (135) Events LEAH SCHILLINGER 9601 SW 142ND AVE MIAMI FL 33186 (136) Legal LEWIS, LONGMAN & WALKER, I 1700 PALM BEACH LAKES B WEST PALM BEACH FL 33401 (137) Benefits LINCOLN NATIONAL LIFE INSURANCE P.O, BOX 0821 CAROL STREAM IL 60132-0821 (138) Development M, p, CONSULTANTS, INC, 11257 56TH PL. N, WEST PALM BEACH FL 33411 (139) Marina MADSEN/BARR CORPORATION 12113 INDIAN MOUND ROAD LAKE WORTH FL 33467 (140) Events MANHATTAN TROPHIES 1411 NORTH DIXIE HWY LAKE WORTH FL 33460 (141 ) Marina MANSFIELD OIL COMPANY OF G 1025 AIRPORT PARKWAY GAINESVILLE GA 30501 (142) Marina MARINA ENGINEERING & CONST 130 SW 24TH AVENUE BOYNTON BEACH FL 33435 (143) Marina MARINA VILLAGE AT BOYNTON 625 CASA LOMA BLVD. BOYNTON BEACH FL 33435 (144) Development MARY LAW LAW REALTY BOYNTON BEACH FL 33435 (145) Events MC CLEARY, MICHAEL 907 W. RICH AVENUE DELAND FL 32720 (146) Benefits METLlFE DEPT CH 10579 PALATINE IL 60055-0579 (147) Operations MILNER. INC P.O BOX 923197 NORCROSS GA ,10010-3197 (148) Events MILT JOSLIN 4701 10TH AVE NORTH GREENACRES FL 33463 (149) Marina MOBILE MINI, INC P.O. BOX 79149 PHOENIX AZ "15062-9149 (150) Development MOLL Y'S TROLLEYS 2625 MERCER AVENUE WEST PALM BEACH FL 33401 (151 ) Marina MSCW, INC. 4750 NEW BROAD STREET ORLANDO FL 32814 (152) Membership NAIOP, INC. NAT'L ASSOC. OF INDUSTR CHANTILL Y VA 20153-3353 (153) Property Mtn NATIVE TECHNOLOGIES, INC 814 S. MILITARY TRAIL DEERFIELD BEACH FL 33442 (154) Events NES TRAFFIC SAFETY, INC. 3100 NW 7TH AVENUE MIAMI FL 33127 (155) Bldg Mtn NOZZLE NOLEN. INC. 3975 COCONUT ROAD LAKE WORTH FL 33461 (156) Operations OCE IMAGISTICS ING. P,O. BOX 856193 LOUISVILLE KY 40285-6193 (157) Operations OFFICE DEPOT, INC. P.O. BOX 633211 CINCINNATI OH 45263-3211 (158) Operations OFSI - OCE FINANCIAL SERVI 13824 COLLECTIONS CENTE CHICAGO IL 60693-0000 (159) IT ON-HOLD TECHNOLOGIES 2247 PALM BEACH LAKES B WEST PALM BEACH Fl 33409 (160) Finance PALM BEACH COUNTY-FINANCE DEPT PALM BEACH COUNTY WEST PALM BEACH FL 33401 (161 ) Finance PALM BEACH COUNTY-TAX COLLECTOR P.O. BOX 3353 WEST PALM BEACH Fl 13402-3353 i 162) Subscription PALM BEACH POST 2751 SOUTH DIXIE HIGHWA WEST PALM BEACH Fl 33416 (163) Marina PETROLEUM & CONSTRUCTION S 1330 S ANDREWS AVE POMPANO BEACH f:'L :13069 (164) Finance PFM ASSET MANAGEMENT. INC TWO LOGAN SQUARE. STE 1 PHILADELPHIA PA 19103 (165) Operations PITNEY BOWES INC. RE: COPIER LEASE LOUISVILLE KY 40285-6179 (166) Finance PMG ASSOCIATES, ING. 4171 WEST HlllSBORO BOU COCONUT CREEK Fl 33073 (167) Development POST,BUCKLEY,SCHUH BOX 409357 ATLANTA GA 10384-9357 (168) Marketing PRO DVD MAKERS 112 SOUTH FEDERAL HIGHW BOYNTON BEACH FL 13435 ,169\ Bldg Mtn PROCTOR FIRE EXTINGUISHER 1499 SW 30TH AVE BOYNTON BEACf-J , n42i. ,1701 Events PROFESSIONAL GOLF CAR COR~' 5385 LAKE WORTH ROAD GREENACRES FL ,346:, 171 Events PYRAMID BOOKS 544-2 GA TEW A Y BLVD BOYNTON BEACH Fl )343: 1721 Events R. M. LEE COMMUNITY DEVELO 900 NORTH SEACREST 8L VD BOYNTON BEAC/-< ,- ; <1435 ,Yi ~ BOYNTON BEACH CRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: Alpha I Description IVENDOR NAME IADDRESS ICITY I STATE I ZIP I (173) Development REG ARCHITECTS INC 307 EVERNIA STREET WEST PALM BEACH FL 33401 (174) Events REGAL FLAGS AND POLES, INC 1395 NW 17TH AVE DELRAY BEACH FL 33445 (175) Finance RELATED GROUP OF FLORIDA 315 SOUTH BISCAYNE BLVD MIAMI FL 33131 (176) Legal RICHARD L. SHEPARD & ASSOC 219 SE 23RD AVE. BOYNTON BEACH FL 33435 (177) Events RICKY R. ROUNDTREE 405 NW. 16TH AVENUE BOYNTON BEACH FL 33435 (178) Development RIDGEWOOD TITLE OF SOUTH FLORIDA 530 SAWGRASS CORPORATE SUNRISE FL 33325 (179) Development RIGHT ON CONSTRUCTION, INC 123 SOUTH GOLF VIEW DRI LAKE WORTH FL 33460 (180) Events ROB LARSON 10331 N. GREENTRAIL DRI BOYNTON BEACH FL 33436 (181 ) Events ROBERT WALLACE 371 21 ST STREET RIVIERA BEACH FL 33407 (182) Events ROOSEVELT MIDDLE SCHOOL 1900 NORTH AUSTRALIAN A WEST PALM BEACH FL 33407 (183) Legal RUDEN MCCLOSKY 4800 N FEDERAL HWY SUIT BOCA RATON FL 33431 (184) Bldg Mtn RUSSELL B. JENNINGS, INC 2703 N DIXIE HWY DELRA Y BEACH FL 33483 (185) Operations SAFE & SECURE SELF STORAGE 2512 N. FEDERAL HIGHWAY DELRAY BEACH FL 33483 (186) Events SANDY-JAMES FINE FOODS CAT P.O BOX 4804 WEST PALM BEACH FL 33407 (187) Bldg Mtn SCHOLZ PLUMBING INC, BRYON 149 SWAIN BLVD GREENACRES FL 33463 (188) Development SCHOOL DISTRICT OF PALM BEACH CTY, 3300 FOREST HILL BLVD. WEST PALM BEACH FL 33406 (189) Community SCHOOLHOUSE CHILDREN'S MUSEUM 129 EAST OCEAN AVENUE BOYNTON BEACH FL 33435 (190) Property Mtn SCOTT HARVEY 8480 RAYMOND DRIVE BOYNTON BEACH FL 33437 (191) Development SCOTT KLINE 1441 Brandywine Rd. 400 WEST PALM BEACH FL 33410 (192) Marina SEA DIVERSIFIED, INC. 1200 NW 17th AVENUE DELRA Y BEACH FL 33445 (193) Marina SEA MIST MARINA, INC. 700 CASA LOMA BLVD BOYNTON BEACH FL 33425-0190 (194) Marina SEA SPILL INTERNATIONAL PO BOX 1178 SOUTH OLD NY 11971 (195) Events SHOW PRO, INC. 8202 WILES ROAD CORAL SPRINGS FL 33067 (196) Membership SHRM - SOCIETY FOR HUMAN RESOURCES P.O BOX 791139 BALTIMORE MD 21279-1139 (197) Events SIGN A RAMA, INC. 10114 SOUTH MILITARY TR BOYNTON BEACH FL 33436 (198) Events SIOBHAN Y. FERGIELS 3505 SHENANDOAH BLVD WEST PALM BEACH FL 33409 (199) Lobbyist SMITH & BALLARD 403 EAST PARK AVENUE TALLAHASSEE FL 32301 (200) IT SOFTWARE HOUSE INTERNATIONAL P.O.BOX 8500-41155 PHILADELPHIA PA 19178 (201) Operations STAPLES DEPT. 51-7819556308 DES MOINES IA 50368-9020 (202) Operations SUNDOWNER MOTOR INN, LLC 1112 WESTWICKE LANE LUTHERVILLE MD 21093 (203) Subscription SUN-SENTINEL P.O. BOX 100606 A TLANT A GA 30384 (204) Events SUNSET ENTERTAINMENT GROUP 1420 NORTH SWINTON AVEN DELRAY BEACH FL 33444 (205) Events SUNSHINE GOLF CAR 9740 WEST ATLANTIC AVEN DELRA Y BEACH FL 33446 (206) Operations SUNTRUST P. O. BOX 4928 BOYNTON BEACH FL 33435 (207) Events/Operations SUPERB SIGNS, INC. 7521 ANSON COURT LAKE WORTH FL 33467 (208) Events T.J. SALTER 15426 82ND LANE NORTH LOXAHATCHEE FL 33470 (209) IT TELE-COMMUNICATION, INC. 7100 OLD KATY ROAD HOUSTON TX 77024-2112 (210) Events THE BAHAMAS JUNKANOO SHAKE 1720 NW. 90TH STREET MIAMI FL 33147 (211) Operations THE BLOSSOM SHOPPE 402 EAST OCEAN AVENUE BOYNTON BEACH FL 33435 (212) Events THE EMBROIDERY LOFT 600 NW 26TH COURT BOYNTON BEACH FL 33426 (213) Development THE GALLEON ATTN: SUZANNE SANDERS BOCA RATON FL 33496 (214) Finance THE MERGIS GROUP P.O. BOX 100153 A TLANT A GA 30384 (215) Events THELMA LYONS 7669 BRUNSON CIRCLE LAKE WORTH FL 33467 Page 5 of 6 BOYNTON BEACH eRA VENDOR LIST VENDORS ACTIVE AS OF 7/1/2007 Ranked by: Alpha I Description IVENDOR NAME 'ADDRESS ICITY I STATE I ZIP I (216) Events TIM NANCE 1901 AVE S RIVIERA BEACH FL 33404 (217) Events TIMOTHY BURGER 2555 PGA BLVD PALM BEACH GARDENS FL 33410 (218) Events TIMOTHY FRALEY 709 SW 4th COURT FT LAUDERDALE FL 33312 (219) Events TONY THOMAS 514 SHADY PINE WAY, A2 WEST PALM BEACH FL 33415 (220) Development TOTER INC. P.O. BOX 5338 STATEVILLE NC 28687 -5338 (221) Events TOUCHPOLL OF SOUTH FLORIDA 10625 NW 47TH COURT CORAL SPRINGS FL 33076 (222) Marina TOWBOAT US BOYNTON 720 RIDER ROAD BOYNTON BEACH FL 33435 (223) Events TOWN OF LANTANA 500 GREYNOLDS CIRCLE LANTANA FL 33462 (224) Development TRANS-STATE TITLE INSURANC 18205 BISCA YNE BLVD AVENTURA FL 33160 (225) Development TREASURE COAST REGIONAL 301 EAST OCEAN BLVD. ST STUART FL 34994 (226) Development TROPICAL DEMOLITION, INC. 2760 PINE LILY LANE COCOA FL 32926 (227) Finance TROY GROUP, INC, 940 SOUTH COAST DRIVE COST A MESA CA 92626 (228) Marina TWO GEORGES WATERFRONT GRILLE 728 CASA LOMA BLVD, BOYNTON BEACH FL 33435 (229) Finance TYLER TECHNOLOGIES, INC. INCODE LUBBOCK TX 79416 (230) Membership ULI THE URBAN LAND INSTIT DEPARTMENT 186 WASHINGTON DC 20055-0816 (231) Membership ULI - URBAN LAND INSTITUTE AlC #910-0035702-000 CHICAGO IL 60673-1211 (232) Operations ULlNE 2200 S LAKESIDE DRIVE WAUKEGAN IL 60085 (233) Events UNITED RENTALS PO. BOX 100711 ATLANTA GA 30384-0711 (234) Operations UNITED SHIPPING SOLUTIONS ATTN: ACCOUNTS RECEIVAB FORT LAUDERDALE FL 33310-5566 (235) Operations UPS P.O. BOX 7247-0244 PHILADELPHIA PA 19170-0001 (236) Finance US BANK, INC CM-9705 SAINT PAUL MN 55170-9705 (237) Marina US CHART SERVICES, INC 930 TEQUESTA STREET FORT LAUDERDALE FL 33312 (238) Events V2E PARTY PLANNERS LLC 3125 W 80TH STREET HIALEAH FL 33018 (239) Finance VANTAGE POINTS TRANSFER AG CIO M & T BANK - PLAN # BALTIMORE MD 1264-4668 (240) Marketing VIRTUAL TECHNOLOGY ENTERPR 1375 Gateway Blvd BOYNTON BEACH FL 33427 (241) Membership VISIT FLORIDA POST OFFICE BOX 1100 TALLAHASSEE FL 32302 (242) Finance VITAVER & ASSOCIATES, INC 2385 EXECUTIVE CENTER D BOCA RATON FL 33431 (243) Membership WALL STREET JOURNAL 200 BURNETT ROAD CHICOPEE MA 1020 (244) Property Mtn WASTE MANAGEMENT 651 INDUSTRIAL WAY BOYNTON BEACH FL 33426 (245) Marina WAYPOINT MARINA INC P.O. BOX 747 BOYNTON BEACH FL 33425 (246) Events WILL HICKS 2546 WESTCHESTER DRIVE RIVIERA BEACH FL 33407 (247) Bldg Mtn WILSON'S CLEANING & MAINTE 11338 MILLPOND GREENS D BOYNTON BEACH FL 33437 (248) Development YACHTSMAN PROPERTIES LLC CIO KOBY COHEN DELRA Y BEACH FL '13483 , XI. OLD BUSINESS: A. Recommendation to City Commission-Conceptual Approval of Seacrest Blvd. Redesign . ~v L---' . ~~, ~~~~Y~T2~lCRA ill East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: October 14,2008 I I Consent Agenda IX I Old Business I New Business I I Legal I I Other I SUBJECT: Recommendation to City Commission - Conceptual Approval of Seacrest Blvd. Redesign SUMMARY: In 2005, the CRA began to create designs for Seacrest Blvd. from Boynton Beach Blvd. north the C-16 canal to make the road more pedestrian friendly and attractive for future redevelopment. . Initially, City staff did not support reducing the number of through lanes. . The CRA entered into a continuing contract with Kimley-Horn to design the roadway with the original width and lanes, but to include a larger sidewalk and more landscaping and upgraded lighting. . At a February 2008 meeting with City staff, they recommended reducing the number of ~raffic lanes to two with a turn lane and adding a round-about. . The change from four lanes to two, requires traffic studies and will require a County Comprehensive Plan amendment since Seacrest is a County road. . The new concept will be two through lanes with a turning lane, eight foot wide sidewalks, new lighting, landscaping and a round-about at MLK and Seacrest. . In order to process the Comprehensive Plan amendment, the County requires that the local municipality approve conceptually the reduction of lanes. FISCAL IMPACT: $51,600 to be approved under separate item CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS: "- Make a recommendation to the City Commission to approve an amendment to the Palm Beach County . -Comprehensive Plan to reduce the number traffic lanes from four to two on Seacrest Blvd. from Boynton Beach Blvd. to the C-16 canal. ~~4( Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Seacrest Conceptual Design Approval.doc October 2, 2008 Lorenzo Aghemo Director - Palm Beach County Planning Division 2300 North Jog Road West Palm Beach, Florida 33411 Re: Map Amendment Request for Round 09-1 Seacrest Boulevard Boynton Beach, Florida Dear Mr. Aghemo: The City of Boynton Beach, in coordination with the Boynton Beach Community Redevelopment Agency would like to request a modification to the Palm Beach County Comprehensive Plan to reduce the number of lanes on Seacrest Boulevard between Boynton Beach Boulevard and the Boynton Canal from 4 lanes to 2 lanes (plus a center turn lane). The "Future 2020 Roadway System By Number of Lanes" map included in the Palm Beach County Comprehensive Plan currently shows this segment as 4 lanes (plus a center turn lane). We respectfully ask that you include this request in the 09-1 Round of proposed Comprehensive Plan changes. We will work closely with Palm Beach County Planning Division and Traffic Division staff to provide analysis showing the impacts of the proposed map amendment. If you have any questions or need any information from us, please do not hesitate to call. Sincerely, ~- Jerry Taylor Mayor The inscribed circle diameter , which defines the influence area of the roundabout, should be approximately 80 to 130 feet for a single lane roundabout. Figure 1 illustrates the general terminology for miscellaneous roundabout parameters. Figure 2 illustrates the approximate impact area for both the 80 foot and 130 foot inscribed diameters. Figure 3: Key Roundabout Parameters Figure 4: Inscribed Circle Area In addition to the parameters listed above, there are several other design parameters that should be considered prior to designing the roundabout which include the entry width, entry and exit curves, circulating roadway width, splitter islands, center island, and bicycle lane accommodations. Also, since the surrounding area is residential in character, the provision for pedestrian crossing should be highly considered in the design and could impact the overall operational performance of the roundabout. :,- - , '- .\, ;,.t~. t"" '-"'\ ~ -'i'-~",{ ;re!if"""; ,: ';'1>,;1'" .,,-...... \F", :" ' /'-' , ",'" '~i\;> -t:, .,~"",'- " :'{/ '" " f.c.. ~~, ,;'"" ~.~i'~~:'~~~\'~~ - . ~ - }". v ~ ~~ \ . . i -- 1 \ ~t_' ,',. ~~ i.~ .;.. > ...-...- . -- ~ / ... . j . tr ~.. y,..... }t:\ . '.,i#- ;~ o.!cl ~~' " rl1 '~; , '. :":'11 b;\ ii)/""* 'I ~ ,'.' I: It: ~ -. 'ji , . ",. ~ . .~ . . ." 11M .. -........ ~ , . " 10. I, . 1 .~ . ill""" ' .' <~ ' 1 ! .- \ \ . . " -' . :1 .11I,' .., . . '. 2' CURB & GUTTER I ,/':J":"-, :;' s/W .<;' s/W AJ'--.... i {~ V"'< X'STING 'XTENS'O~ I I : Z; r-) 1 ~ ,"> ~ I I I I x::. ~ '-.~'L'-.)I: I 'S Vt- ~ \. >n<4: SHRUB BED I I I..,. c ~~ ~~IN. 2' WIDE I I : 'i ~ d \,( ~ 0=~ ~ I :: v <: '- "/ ~ $S~ ~ I I I l"-' \5" " ~ ~ I 1- ~ ~ I I I L, '" I 1 I ~~ .S& ~ I I I f ~~~ \ ~ I : : ~~~ ~ 2' LANDSCAPE I A I I I ( <<~~ f--S' ~ ..... I I I ~ ~"~lJ ~ A I I} '"' ~0l'lI- ..... I :: \.,-\ ~J ~ I I I I ~'I., ~ I : f.. ~ B' ""'0; "~lO' SETBACK ~ I I : ....~ ~~ V:J ~ . I , , :1. t-1 r ICj '\. ~ I I :--:: '-;,0. V \ - Iff!fj I I Ilr.1~ I I I f\Z --GROUNDCOVER I II ~ I ~ BED I I i+~~~i ~, 1 0 I ':) . (Y I I I . . ~ <( I I I '. . II..... I ~ > I i1~ l1s' S!W 13' S!W ~~ w I --.J I :::> I 11~f\~ ~ 0 I m ~ CURB & GUTTER I !i~l1 ~~ l- (f) I i.j;~ ~~ ~ I I I, 1"-. W I ::~ ......~ I ~~ (Y I U ..N 1 1 ~~RUB BED <( I : I ........ .... '/ / MIN. 2' WIDE W I (f) I :1j7t' t V - I "~~ <::::0'/ W I : : ...... "-s, t ~ ~ ~ I I IL:: ~~ ~ ' I I '! I :: ~~~\ ~ I I i ! ~~ ~ 2' LANDSCAPE I I I I 'l. ~ ~ -5' I :: ~t ~ I I II G~ ~ - "11 I II A)(~ ~ I :: ~~ ~ ~ I I : i-~ ~ ~ ~ ~~ I I I I /<:. ~ / I i'ji :>1 t ~ '>. ~,,~ NOTE: I I THE SHOWN LOCATIONS OF THE I I ~'.'~ " ~~ PROPOSED TREES AND PALMS I WILL VARY DEPENDING ON THE I II. ....... ~~' ~ ~ BED STREETSCAPE STANDARDS BY I I y' .' ) PALM BEACH COUNTY. I :1'" ~I ~ I I : ~Z~ )(5' S/W 3' S/W "~ OPTION 3 I I " '. I ~,><. XI. OLD BUSINESS: B. Consideration of Approval of Second Amendment to Work Order No.1 with Kimley-Horn for Seacrest Blvd. Redesign in the amount of $51,600 ~1~'tY~T2~ eRA iii East Side ~ West Side~Seaside Renaissance eRA BOARD MEETING OF: October 14, 2008 I I Consent Agenda I X I Old Business I I New Business I I Legal I I Other I SUBJECT: Consideration of Approval of Second Amendment to Work Order No. 1 with Kimley- Horn for Seacrest Blvd. Redesign in the amount of $51,600 SUMMARY: In June 2007, the CRA entered into Work Order Number 1 with Kimley-Horn to create drawings to redesign Seacrest Avenue from Boynton Beach Blvd. north to the C-16 Canal to compliment the proposed redevelopment of Ocean Breeze and the MLK Corridor. At that time, City staff did not support reducing the number of roadway lanes from the current four. However, at a February 20, 2008 meeting with the City, Jeff Livergood of Public Works and Mike Rumpf of Planning, Jeff Livergood recommended reducing the number of through lanes to two with a roundabout at MLK and Seacrest. Based on those comments, the CRA entered into an amendment to Work Order NO.1 to change the project design. Since Seacrest is a County road, the City's recommended change from four to two lanes, necessitates an amendment to the County's Comprehensive Plan. The County will be processing amendments in November. There is an additional fee needed to process the amendment since this was not part of the original scope of work with Kimley-Horn. FISCAL IMPACT: $51,600 from Budget Line Item 02-58100-203 CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS: Approve Amendment No.2 to Work Order No. 1 with Kimley- Horn in the amount of $33,800 for the preparation of Palm Beach County Comprehensive Plan Amendment application and related work for the Seacrest Blvd. redesign. ~4~ Vivian L Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Seacrest.doc AMENDMENT NUMBER 2 TO THE AGREEMENT BETWEEN THE BOYNTON BEACH CRA AND KIMLEY-HORN AND ASSOCIATES, INC. AMENDMENT NUMBER 2 DATED October 1, 2008 to the agreement between the Boynton Beach CRA, ("Client") and Kimley-Horn and Associates, Inc., ("Consultant") dated August 14, 2007 ("the Agreement") concerning Seacrest Boulevard (from Boynton Beach Blvd to Boynton Canal), (the "Project'l The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement. Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be perfonned by Consultant and provisions for additional compensation by the Client to the Consultant, all as set forth in Exhibit A hereto. The parties ratify the tenns and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference. Boynton Beach CRA: ~'~1:E)ASSOCIA~' INC. ,;:e:;~--: _d.'~' -~ By: By: Michael Spruce. P .E. Title: Title: Vice President - Exhibit A to Amendment Number 2, dated October 1,2008 Consultant shall perform the following Additional Services: Consultant will coordinate the processing of the comprehensive plan amendment change with Pahn Beacb County for the narrowing of Seacrest Boulevard from 5 lanes to 3 lanes. Consultant will meet with Palm Beach County, the Florida Department of Transportation, and the Client to coordinate the effort. Consultant will develop conceptual roadway design plans for the 3 lane alternate and coordinate that effort with Client and Palm Beach County. The services currently authorized to be performed by Consultant in accordance with the Agreementand previous amendments, if any, shall be modified as followed: The following tasks shaJl be added: Task 1- Pre.Aoolication Meeting KHA will attend one pre-application meeting with the Palm Beacb County Traffic Division and Pahn Beach County Planning Division at their offices. The goal of this meeting is to determine the parameters for analysis of the proposed narrowing of Seacrest Boulevard with respect to other roadways in the vicinity. The application of the FSUTMS model, the assumptions in the model. use of existing counts, capacity assumptions. growth assumptions, and future land uses are among the topics to be discussed. Representatives from the Florida Deparbnent ofTrnnsportation (FOOT) will be invited to express their requirements for analysis of FOOT facilities. Task 2 - Analvsis The scope for this task is dependent upon the results of the pre-application meeting in Task 1. However. it is expected that the following analysis will be required. The FSUTMS model will be run with the subject portion of Seacrest Boulevard as 5 lanes (existing) and 2 lanes plus turn lanes (proposed). If it is desired to change the land use of adjacent parcels of property in the proposed scenario, these uses will be modified per data to be provided by the CRA. A growth rate will then be applied to roadways in the study area.. The models will then be compared to determine the percentage change in roadway volumes due to the Seacrest narrowing. These proposed roadway volumes will then be compared to capacities. A report will be prepared to document the analysis. Task 3 - StJJ(f Reoort Assistance KHA will assist the Planning Division in preparation of the staff report required for the public hearing process. Task -I - Meeti1U!S and Hearin1!S KHA will attend up to two follow-up meetings with Palm Beach County to discuss the results of the report. KHA will attend one meeting with FOOT to discuss their issues and concerns. KHA will attend the following Palm Beach County public hearings: Land Planning Agency (LPA) Transmittal, LPA Adoption, Board of County Commissioners (BOCC) Transmittal, BOCC Adoption. KHA will attend County Commissioner meetings at your request. In addition, KHA will attend two coordination meetings with the Client. Task 5 - Coordination. Exhibits and Meetinlls For Conceptual Desilln K.HA will coordinate and attend a limited number of meetings with the client, CRA Board, City staff, County and other agencies. Meetings, exhibits and coordination will be limited to the budget specified for this task. Additional meetings and coordination beyond the set budget will be provided as additional services. This task includes preparation of miscellaneous preliminary exhibits for meetings including preliminary roundabout designs. The scope however doesn't include final design geometry for the project. KHA will also provide one opinion of probable construction cost for the proposed 3 lane alternate. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of detennining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. lfthe Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. Consultant and Client agree to the following general schedule in connection with the Additional Services set forth above: Consultant shall prepare a draft of the analysis prior to the first Land Planning Agency hearing in February 2009. Consultant shall prepare concept plans based on a mutually agreed upon schedule. For the Additional Services set forth above, Client shall pay Consultant the following additional compensation: Consultant will provide the Scope of Services on a labor fee plus expense basis. Labor fee will be billed according to the attached rate schedule, which is subject to annual adjustment. Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. An allocation amount of 5% will be added to each invoice to cover certain other expenses such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. Administrative time related to the project may be billed hourly. Teclmical use of computers for design, analysis, GIS, and graphics, etc. will be billed at $25.00 per hour. All permitting, application, and similar project fees will be paid directly by the Client. Fees will be invoiced monthly based on the actual amount of service perfonned and expenses incurred. Payment will be due within 25 days of your reCeipt of the invoice. For planning purposes the fee will be as follows: Task 1 Through Task 4 - Engineering Services (hourly basis) , $31,000 Allocation $1,900 Computer Expense Estimate $900 Task 5 - Coordination, Exhibits and Meetings For Conceptual Plans (hourly basis) $14,500 Allocation $1,400 Computer Expenses $1,900 Total (hourly services) $51,600 :J=~ Kimley-Horn and Associates, Inc. July 12, 2007 ti Sune 109 5200 NW. 33rd Avenue Ms. Vivian Brooks Fl.lauderdale. Florida Planning Director 33309 Boynton Beach CRA 915 S. Federal Highway Boynton Beach, Florida 33435 Reo' Seacrest Boulevard (from BOYlzton Beach Blvd to Boynton Canal) Proposal for Professional Consulting Services Dear Vivian: After our successful selection to provide design and professional services for the Boynton Beach CRA, KimIey-Hom and Associates, Inc. (KHA) is pleased to submit this proposal to complete the design and permitting of Seacrest Boulevard. To date our services have included the development of 30% design documents from Boynton Beach Blvd to MLK Boulevard. These documents have defined the proposed roadway cross section, identified proposed planting materials, and defined the proposed median openings. The CRA has now requested that we continue our efforts and move the project forward by completing the current design. adding an additional segment between MLK Boulevard to the Boynton Canal, and improving the area behind the back of curbs with new sidewalks, landscaping, and street lighting. I have attached the aforementioned scope and fee for your review and comment. We look forward to continue working with you on this exciting project. Cordially, ASSOCIATES, INC. . TEL 954 535 5100 FAX 954 739 2247 ~J=~ Kimley-Horn Boynton BeachCRA, July 10. 2007. Pace 2 and Associates, Inc. SCOPE OF SERVICES Task 1 - Additional Survey 1.0 Seacrest Boulevard The consultant shall obtain additional survey infonnation that identifies the topographic features of NW Sl11 Court and NW 9111 Court for one block west of Seacrest Boulevard. This survey will be utilized for the design of the road closures at these locations. Additionally, the consultant shall obtain the additional topographic survey for the Seacrest Boulevard right--of-way between MLK Boulevard and the Boynton Canal. These surveys will include the location of surface features, inverts and locations of storm/sanitary structures. Task 2 - Construction Documents (60% and Final) Based upon the approved Design Development alignment (30% plans), the Consultant will proceed with construction documents (60% plan sets). Upon review and approval by the CRA. the Consultant will proceed to Final Construction Documents. Construction documents for each roadway will be developed separately and may include the following: 2.1 Cover Sheet A cover sheet utilizing the standard Boynton Beach eR,A cover sheet will be provided. 2.2 Survey Sheets Survey sheets detailing survey information obtained for the 30% plans with the additional survey required in Section 1.0 of this proposal will be provided. 2.3 Storm Water Pollution Prevention Plan A stonn water pollution prevention plan shall be provided. 2.4 Typical Roadway Sections Typical sections will be prepared, detailing the proposed work for mainline and cross street construction. 2.5 Plan and Prorde Sheets Horizontal alignments and geometric improvements will be detailed on the plan sheets. Proposed mainline and cross street vertical profile grades will be detailed on the plan sheets. CJ=~~ Kimley-Horn Boymon Be;Jch eRA. July 10,2001. P-.gc:1 and Associates, Inc. 2.6 General Notes General notes defining the basis of design and construction requirements will be provided. 2.7 Landscape, Hardscape and Irrigation Improvements Landscape and irrigation layouts will be provided as outlined within the approved Design Development submittal. Included will be the mainline layout of the irrigation system for the project. Details of hardscape elements will also be provided. In addition to the current plans, the CRA has indicated that they would like to have additional landscape trees, sidewalks, and lighting added along both sides of the roadway. 2.8 Intersection Improvements There is one intersection that will be improved as part of this project; Seacrest Blvd and NE 10111 Ave. The geometry of this intersection will be evaluated and enhanced where necessary. Aesthetic improvements will also be developed. 2.9 Miscellaneous Construction Details These sheets will provide construction details, which are not included in the Florida Department of Transportation Standard Indexes, or City of Boynton Beach details. 2.10 Signing and Pavement Marking Plans Construction plan sheets indicating typical signing and pavement marking applications to be applied within the project limits will be provided in the plan set. Construction Plan set summary of estimated sheets: Seacrest Blvd. Cover Sheet I Survey Sheets 5 Tvpical Sections 1 SW3P Plan 5 Plan and Profile Sheets 5 (Roadway) General Notcs 1 Miscellaneous L Construction Details Signing and Pavement 5 Marking Plans Landscape Horizontal 5 Conll'o] Plans -- Intersection and Area 3 -- CJ=~ Kimley,Horn BoyntOll BcachCRA. July 10. 2007. Pagc4 and Associates, Inc. Enlanzeroents Irrigation Plans and 3 Details Electrical Street 5 Lighting Plans Total Number of Sheets 40 The Consultant will provide 5 copies of the construction document plan sets to the CRA for distribution to the appropriate departments for their review at the 60% submittal. After sufficient review time, a meeting will be scheduled with CRA to review the fmal design plans and then proceed into fmal design. Any modifications to the plans after the 60% submittal by the CRA will be completed as an additional service. Task 3 . Specifications It is intended that the Florida Department of Transportation technical Specifications be used for this project. Supplemental Technical Specifications will be prepared by the Engineer that will address construction elements not addressed in said standard technical specifications or that are included but require modifications to make them project specific. These Supplemental specifications will be forwarded to the eRA for review and approval. Task 4 - Permit Submittals All permit fees will be paid directly by the eRA and are no't included in the lump sum fees. Any significant plan revisions caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control. additional lneetings or coordination will be considered as Additional Services. It is anticipated that permits will be required for this phase of the improvelnents from the following agencies: 4.1 South Florida Water Management District (SFWMD) 4.2 Florida Department o/Transportation (FDOT) 4.3 Palm Beach County Engineering 4.4 Boynton Beach Engineering Task S - Public MeetinlZS and Presentations Our proposal includes attendance at one Public meeting (CRA Board Meeting) in addition to the meetings that are described within the above tasks. The consultant shall prepare graphics for and present the plans to the CRA board at the completion of the construction documents. The intent of this meeting is to review the proposed improvements as well as discuss the project cost and schedule. "J-~ Kimley.Horn Buynton Beach CRA. July 10.2007. ['age 5 ~ -- and Associates, Inc, Task 6- Limited Construction Phase Services (12 Month Duration) 6.1- Attend Project Meetings The Consultant will attend one pre-construction conference meeting and one progress review meeting per month. The intent of the progress review meeting is to address questions that have developed regarding the construction documents and assist with assessing tbe project schedule and progress. 6.2 - Review Shop Drawings The Consultant shall review and approve or take otber appropriate action in respect to Shop Drawings (as that tenn is defined in the General Conditions of each construction contract) and Samples and other data which the Contractor is required to submit, but only for confonnance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Engineering services are not included in this proposal for private utility shop drawing review. The Consultant shall evaluate and detennine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicabl~ standards of state or.Iocal government entities. Additional, the consultant shall attend meetings with the contractor to review the proposed landscape material at nurseries. During these meetings, the Consultant shall apply a tag on the plant material that the contractor sball install along the project corridor. This effort shall be limited to three days. 6.3 Resident Project Representation A Resident Project Representative ("RPR") shall be furnished by the Consultant and shall act as directed by the Consultant in order to assist the Consultant in observing perfonnance of the work of tbe Contractor(s). The duties, responsibilities, and limitations on the authority of the RPR and assistants will be in accordance with the sections ofEJCDC Document No. 1910-1 (1996 Edition) associated with this issue. The RPR shall visit the site for up to five (5) hours per week for up to fifty (50) weeks at the various stages of construction to observe the progress and quality of the executed work of the Contractor(s) and to determine if such work is proceeding in accordance with the contract documents for the construction of the improvements (the "Contract Documents"). The RPR shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by eontractor(s) or the safety precautions and programs incident to the work of CJ=~ Kimley-Horn Boyntoll Beach eRA, July 10. 2007. Page 6 and Associates. Inc. Contractor(s). The RPR's efforts will be directed toward providing the CRA with a greater degree of confidence that the completed work of Contractor(s) will conform to the Contract Documents. The RPR shall not be responsible for the failure of Contractor(s) to perform the work in accordance with the Contract Documents. During such visits and on the basis of on~site observations, the Consultant shall keep the CRA infonned of the progress of the work, shall endeavor to protect the CRA against defects and deficiencies in such work, and may disapprove or reject work if it fails to confonn to the Contract Documents. The COilsultant shall perfonn the observations in accordance with the standard of care of the profession at the time of service. The RPR shall prepare and submit monthly reports of the field visits describing the general working conditions, areas of construction activity, tests perfonned, and special and unusual events. 6.4 - Contract Administration The Consultant shall issue clarifications and interpretations of the Contract Documents to Contractor as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be tonsistent with the intent of the Contract Documents. Field Orders authorizing variations from the requirements of the Contract Documents will be made by CRA. 6.5 - Project Close-Out Promptly after notice from Con1rclctor that Contractor considers the entire Work ready for its intended use, in company with CRA and Contractor, the Consultant shall conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of the items with the exception of those identified on a final punch list. If after considering any objections of CRA, Consultant considers the Work substantially complete; Consultant shall notify CRA and Contractor. The Consultant shall conduct a final site visit to detennine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list. The Consultant shall not be responsible for the acts or omissions of any Contractor~ ot of any of their subcontractors, suppliers, or of any other individual or entityperfonning or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. CJ=~ Kimley-Horn Boynton Beach C.R^. J\lly 10. 20m. Pa~ 7 and Associates, Inc. ADDITIONAL SERVICES Upon your authorization, we will provide any additional services that may be required beyond those described in Task 1 through 6. These services may include but are not limited to such items as the following: . Preparation of right of way acquisition sketches or descriptions. . Significant redesigns of the drainage system to meet additional requirements caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control. . Making additional traffic counts or undertaking other traffic related analysis. . Traffic signal plans. . NE 2nd A venue Plans. COMPENSATION We will provide the scope of services as described as outlined below. Basic Sen'ices tump Sum Amounts Seacrest Boulevard Task 1 - Survey $22,000 Task 2 - Construction Documents $130,000 Task 3 - Specifications $14,000 Task 4 - Permit Submittals $28,000 Task 5 - Public Meetings / Presentations 3,000 Task 6 - Limited Post Design Services $58,000 Total $255,000 CLOSURE In addition to the matters set forth herein, our agreement shall include, and shall be subject to, the Design and Professional Services Agreement dated June 28. 2007 between Kimley-Horn and Associates. Inc. and the Boynton Beach CRA. If you concur in the foregoing and wish to direct KHA to proceed with the aforementioned services, please execute the enclosed copy of this letter agreement in the space provided and return the same to the undersigned. Fees and times stated in this agreement are valid for sixty (60) days after the date of agreement by the Consultant. CJ=~ Kimley"Horn Boynton Ile:Ich eRA. July 10. 2007. Palle 8 and Associates, Inc. We appreciate this opportunity to submit this proposal. Please contact me at (954) 535-5100 if you have any questions. Sincerely, AND ASSOCIATES, INC. Agreed to this , If fl day of AIAr~ , 200,1. Boynton Beach CRA By: /c ' ChaiIperson (Pri~or Type~ame ...=r;~ _ 00 r S',",C' z. R 0 ended G:'~I: ~ , Executive Direc~or " t or ~elame) 1" t..!ff/} . ~ ufficiency: . CRA. Attorney C:\Documents and Setlings\RusseIl. Bames\My Documcnl~\scopcfinalseacrcslblvdbbbux:anaJ.c.Ioc: ~I-r~ Kimley-Hom - and Associates, Inc. AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN THE BOYNTON . 1690 S. Congress Avenue BEACH CRA AND KIMLEY-HORN AND ASSOCIATES, INC. Suite 100 Delray Beach, Florida 33445 AMENDMENT NUMBER 1 DATED March 18, 2008 to the agreement between the Boynton Beach CRA, ("Client") and Kimley-Horn and Associates, Inc., ("Consultant") dated August 14, 2007 (ttthe Agreement") concerning Seacrest Boulevard (from Boynton Beach Blvd to Boynton Canal), (the "Project"). The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement. Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by Consultant and provisions for additional compensation by the Client to the Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference. Boynton Beach eRA: KIMLEY -HORN AND ASSOCIATES, INe. By: By: Michael Spruce, P .E. Title: Title: Vice President . TEL 561 330 2345 FAX 561 330 2245 ~-n Kimley-Hom _ . and Associates, Inc. Exhibit A to Amendment Number I, dated March 17,2008. Consultant shall perform the following Additional Services: On February 20, 2008, the Consultant and CRA representative met with the City's Director of Public Works and Engineering, Mr. Jeft. Livergood, and Planning Director, Mi". Michael Rumpf, to discuss the proposed improvements to Seacrest Boulevard. Mr. Livergood recommended a change to the current design which was to reduce the number of through traffic lanes from the existing four lanes to two, addition of bicycle lanes and replacement of the signa.lized intersection control at Martin Luther King Boulevard and Seacrest Boulevard with a roundabout. Reduction of traffic lanes on this County road would require an amendment to the County's Comprehensive Plan. Consequently, CRA staff requested from the Consultant a proposal to investigate the feasibility of Jeff's recommendation to reduce lanes and provide roundabout control to improve the environment for the adjacent neighborhood. The services currently authorized to be performed by Consultant in accordance with the Agreement and previous amendments, if any, shall be modified as followed: Consultant shall investigate the idea of redeveloping Seacrest Boulevard from a 5- lane road to a 3-lane road within the existing project limits. Since this will involve a change to the Comprehensive Plan, Consultant will prepare a limited traffic analysis/review of the corridor and the surrounding roadways to test the viability of the proposal and to gauge the County's reaction to the idea. This will consist of Consultant obtaining current traffic count information on the area in question from Palm Beach County Traffic Division. Then Consultant will analyze long-range growth pa.tterns along Seacrest Boulevard using the MPO's FSUTMS model. An analysis of the immediate parallel corridors will be performed to account for the redistribution of traffic based on the decreased laneage on Seacrest Boulevard. The result of this analysis will be a memorandum summarizing the analysis. As part of this analysis, Consultant will prepare graphics for presentation in one meeting with representatives from the Palm Beach County Traffic Division to discuss the viability of the proposed Comprehensive Plan change. After that meeting the Client will decide whether to pursue the idea further which would require another change to the scope and schedule of the project, or to continue with the original design. Consultant and Client agree to the following general schedule in connection with the Additional Services set forth above: ~_,.~ KimleY-Horn ! - . and Associates, Inc. The traffic review will be prepared within three weeks of receipt of notice to proceed from Client. The Client understands that the actual comprehensive plan change application can only be submitted twice a year. The first opportunity has passed and the second one is in October of2008. The actual process of the review by the different government agencies would extend into 2009. However, based on the County's position, Client may decide to precede with the plan changes without having to wait for the final approval of all government agencies. For the Additional Services set forth above, Client shall pay Consultant the following additional compensation: Consultant will provide the Scope of Services on a labor fee plus expense basis. Labor fee will be billed according to the attached rate schedule, which is subject to annual adjustment. Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. An allocation amount of 5% will be added to each invoice to cover certain other expenses such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. Administrative time related to the project may be billed hourly. Technical use of computers for design, analysis, GIS, and graphics, etc. will be billed at $25.00 per hour. All permitting, application, and similar project fees will be paid directly by the Client. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be duc within 25 days of your receipt of the invoice. For planning purposes the fee will be as follows: Engineering Services (hourly basis) $4,800 Allocation $240 Computer Expense Estimate $900 XI. OLD BUSINESS: C. Consideration of Approval of Work Order No. 08-0171 with MSCW, Inc. to Prepare the Request for Proposal to Solicit Construction Bids from Contractors for the Slip Renovation Project -- -- ?" t I": ( 11~'tY~Te~ eRA iii East Side-West Side-Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 14, 2008 I I Consent Agenda I X I Old Business I New Business I I Public Hearing I I Other I SUBJECT: Consideration of Approval of Work Order No. 08-0171 with MSCW, Inc. to prepare the Request for Proposal (RFP) to solicit construction bids from contractors for the slip renovation project. SUMMARY: . At the August 2007 CRA Board meeting, MCSW, Inc. was authorized to perform design services for the Master Redevelopment Plan of the Boynton Harbor Marina under Work Order # 07-0124. . On May 13, 2008, the CRA Board approved Work Order # 07-124.6700 with MCSW, Inc., to provide construction drawings for the Boynton Harbor Marina Slip Renovation Project. The Work Order authorized the preparation of plans and recommendations for slip changes, water & electrical systems analysis and engineering, design/architectural drawings, construction documents and specifications for the bidding of the project. . Under the attached Work Order, MSCW, Inc. will provide the CRA with the construction and engineering expertise necessary to write a Request for Proposals (RFP) in order to solicit bid proposals from contractors to perform the slip renovation project at the Boynton Harbor Marina. MSCW will provide technical expertise as it relates to appropriate regulatory bodies such as DEP, Army Corps., etc. that CRA staff does not possess nor can provide oversight approval. . MSCW, Inc. will prepare the written RFP and exhibits, scope of work, pre-bid conference to provide technical assistance to the potential bidders, bid proposal review and ranking, short list selection and recommendation. FISCAL IMP ACT: $11,250.00 Source of Funds: 2007 PBC Waterway Bond Grant-$2,OOO,OOO awarded to the CRA. RECOMMENDATIONS: Option 1: Board direction to utilize one of the three contractors currently under continuing contract with the CRA; Burkhardt Construction, Kaufman Lynn, Inc. or Hedrick Brothers Construction. Option 2: Approval of Work Order No. 08-0171 to prepare a RFP to solicit construction bids from marine contractors to perform the slip renovations at the CRA's Boynton Harbor Marina. 7 < ~~~~~ Michael Simon, Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\MSCW WO # to prepare RFP for marine contractors.doc t i. ~ \\:~, r i'l'tlf" / _<\;//i,'~' 1 i),.UaUf'/,"','(\ MSC\V AGREEl\1ENT FOR PROFESSIONAL SERVICES ;\1:'( :\\', In..., (1\1:-\< '\V~') .md till' B.lrn10!1 B,'arh ( Oll1tl11Jr1lf\' Rnk"dopl11CrH \gvIK: ("t 11('111"~ ellter intI' Ihis\grlTml'nl and ;lgrl'l' as full(1\\ s: 1. PROJECT DESCRIPTION MSCW No. 08-0171 f\1S( :\\/ t~ plca~t'd III pro\'iut' this proposal 10 dw Bo) mllll Ik'~ch ClJmmunity R('(knlopnwnr i\g"JKr ("( 'R -\") f( 11 the dl'vl.lopmf'nt of the HC'jut's! for Prllro~ill for the Boynton/hrhen ,\lanna ( :onstrucUOl) Jmpro\'l~ml'nt~, This rf(lpo~al is based Upllll our mn.tinw with (;it) and (;RA Staff. and till' r1c'(l'""i1r tll dl'\'elOP }l dVlaill.'d Rt:lllll'st [OJ Pwpui'ld (I) lllmli~ spl'dllC (C1!1n;.tctlln: to perfilI'm the rel)uir(,G n.nstruction s<,'n'in~:-; ~lS appro\'(.'d and shown in the fin:ll i\lltnl111 i\rea IIllPW\'t'\Jlt'llt Plans ~nd 111(. t\J~rjn;J .\a'~ \Iaskr PhIn. as pn..,.jou<o;ly prepared MSC\X'\,: JerRiled SlOpe u( ~l'r\'i(t,,, i" }b f(jll(l\\,~: II. SCOPE OF MSCW SERVICES AND PEES A. PI~tUlin~ S~I}'i~~~ L Dl'vclopulI.'l\( of MariuR An:a ImptlJ\'t'1nt'nts Request for Ploposal ('IRFP") MSCW' No. 08.0171.6000 ;1- f\ISC\X< WIll pn'parr Ii written (digltalJ documelll fOllhl' marin:1 ar{"Ol Imprownwnts RI'P following . hi. nandard (If: of Hoynwl1 Buell HYP rc:mp!<ili:(S). if :lni!;:;hk' af rhl' linlt' lIf ell'\ dllpll)CllT. Tlli:; dll((\llwnt will be di'\'e!oj1nf with Ih( inr('llt to pre qual if) mnrina (onstruction gl'ncP,11 corHractor:; :IS wdl al' th<:u ,Hsocland Hlb- l(Jll~Ullanb and/or ~llh c()ntrallllr~ [hilI may pcrform work n!1 tht: associrlh:d plOjert. 'l1,is doclIml"tlI \villllurlirj{' tht" following: . l:hsic Projl'cr l)('scripljoo . Prokc! Scope of S('f\-lC('S .~, . Projl'ct Sclwdllk Dc\'dopnl<'nr Ht'qllirclllC'IlIS .. PlOjl'cl Conslrllnillll Miks!ooc R('qum:tn("l1ts . Rcquin'tnc11f!: for '-rilt7arion of Local Trades ~nd Materials .. Outhnc for Scnpl' and h.{. Propmal Dc\'('lopnwO! .. Dir("ction:; nnd Outlint fOJ "("(' Schedulc- })('Vc-!opmcnl .. Jn~Utarl(l' and ] .icensc(~;) Hnjuiremcnts .. 1\fBl-: / \X1l\JBF / SBF lh''-!uirt"l1wnls II (:onstruclion B(IJlJ lsswlI1cc.' R('~uir('nwn!s I i j !. : "I, ~...: ;' ,,', if .~.~ . Pcf1altlt'~' \~,"U;j;t.'J \".11); PI' 'I" t I kLI' , IUP J{{'q., \\ ; 1It; ..:. <i!1:1j .. Jill!. I, '"I~I \\ \\dJptl"pCli.: 'l'h',>tl...,ld!il""!"'."',r,iJl, Illl'r',C;.Il!I.il"'I~U'I<II' 1"1'1.,11' I.. ~1(1'''lnp,lll'' ill( H.,.plt"" ;", 1,.,1" "." f h. ',. I .,II,h.:., "Ii: .1, ;,1( I' l "llI:.d h:l>!. " 1\'. ,rk, ~1"I'('di. i. {I C..., 1\ r ~ I t r ;...... I.. ~ 't I JI I" t ~, ", d. I lIll.d ill', I" ;:1' . ;\'I:IlI"d I~ LP 1\' .' ~")n~T\t..JCUl~IJ pLlll'~.1 li]i:r !('Pl_kj'~lg'< 111 rlH. ~Jr<I.!~'I.~('\{ rn~ltt"" 'i!.'~ 1 ,,:'r I !II:", ;,'. 1 I ii,t <Ii pt/"lirit'n! ("n1 Cl' ,,',,"1 l. In \\ hIL'pl."'" l III an cf(..n III prll\hh .1 ""Illl,!l t"rn:lil t"'1 hl\l .1;1;:h'l~ ;\1](.1 r,',')t\\.. \\-'.( ,\\ 'olli! pn-P:l.!'C;l Pldtmin;w. hid tllt'lii ,1hnl \h:11 \\!lllw n'<.:juuct! 1', ill' ")lIlpleted Il\ ! ! Il 111anfl:, C('IJ-,lnlll\"" (l.'l!L.(t.). .1', r:,1 "I il1( !{t'I' ,'m:d sui lInl':">'.n d 1\ 1;;( ~\\ will -llll1lili ,;il c11 ll.ull){ ill" III i III 1'1, >\!Jt, 'f; Ikaci, ( !( \ ,)1"1 l( t... i 01 k,,',.;! ~ I \llll~d Tn it\\ ;I lit I ,!l~rrill!jll(. I I'. 111( i n, I;n I,ll! ClfH 11 I (>t flu 'l:t cHlliill pllhlll l11ltiil,';dl"ll, dhtni'lll!'lfl, I':"~ 11\11 1:'11::t':--.-fH (' Cf H)rl,lln..tl~(in tdlll, d:ln'!~rt'h Illi 't (I l!' "fill! (,,'mal pI 'IH....;:I. '\ 1:'-( \\ ,,'r\'tCl'" u(...u,tbni III t/'). ',,'d""-! \.dl '): PI.-li()1n'iC{1 ;l}t Ilnnr ..\Ilil .( " ~'L(}:.u.np, plll~ n,!!nbUf""hlt l ":f'(!J'~ L eRA RrYllcst for Propos;.! I Sllhmil'sioll AnHh!'i:-: MSCW No. OR-017J.6100 .\!~( .\\ \,111" \Ij'"'' '<'lip. ,d rill i"flll 11 p''''pl ,...ai-, ,,'~,l-l ii". l, lIt !Ii In P~( \', ldlll? ..'liliud l(\'!l',\ Hl1d ...dl.t!t~,n 11\ ila ,,11(1" il'lcd !111I1". :lfltL'llf. ulnl1l.Hth. tl1, Ill';:! "t.)t ,llt>l! lit rllt' IHn...1 "lu~:\It;( d 111.1111\;, I' ,',..,f, III ftlln c', nlliln. lJ, \" "U\ II. '"... ( \\ "III pr(l\'ldr Wnlle!) n ,P')J !~L'-, YU("~I \, Ill' II! l;1rifH..i:pl )11'" ~f i thf f H \ rll: II ;111 I.. Il, :iddrt'~:-t'd 1)\ ,ht' (1lIItl.ll!llr~ (1ll:ll hltlllt: "!Ij(tl'l ill/, ~w;,rd "i Illd h I, 'pOll fill a J s;."Il'( IJ( )11, :\1":( \\' \I' Ii I :ir:. f t . It 'I Il"l IJ ;1'\ ~I!d -.1 11 II' ~l lei rcd < 'Im!':1t !nr/biddu I >ull;nlng t Ih rt'i..)lIln'nwlll~ fu: fill;,!! ~l op" I'lld ft.l fllHp' ,-';\1 ~l1hlnl~:;J. In a~ \\ <:U ,,- Ill, nC,t!,' '1IHHI!1 PI" l(l';~ and appro\Td c. ,m.trlii'tJllTl "dwdult ;' prl\\'jo(,'d jn tilt ongl1l;i1I{IJ"1f ;,' m:n 11:.\, hn'll moJifinl ba't"<l (Ill tlw \(.\ Ii'\\ " rill' HI'P 'llbmi<;~i'l!l~. Thi~ ..h"uilH,nt \\ill hl r\.'llUUtd 10 hI ~ig-1Hci b\ th< s('lt'lnl (1IntmcI01/hiddcl ad,nO\\kdglllg rill' pHlln I {'I m"tl\l(WJ11 sc\wduk ;\!HJ thell alJiltt \ " p{~r(t Inn rlH' :--Cc,>pc . ,( :--t'J \'k t:'; ,,11,1 me( ; t h, ''''lullcd dt:;lJhl1t'- '\ I Sl \\' ~tT\ lCl~:; Jl-..cribed ill !IIi,. ~,'( II. llj \\ ill III 1'1"i'r'Il11l'l1 f', II ,I lun,p f'1l!l1 let ( .1 L?,HO(l.OO. plu!. H'11nhun.:ihlt t",!wnq", I ,\, I', l 1\. III r ~ l\\,'11\lIllt\ I{~ d.'y'~1.lJlnH..l'd \"\ L "";" . ~. .. ~i .. 1\' '." I . .' . ,,' " , 1\ ~ l!"~ f.' ., (,\! 4' t ~...~ i (JIJ! J l:.lJ.' {} I \ B. Mcct:ing~ a!!!U-icariul!!i 1. Go\'cmmt'nt, Client, PfOjl'ct Cuordination MI;<:"tings and He}uings MSCW' No, 08-0171.0710 During rh(O RI'P proC('ss MSC\V !--tatf will prq.art for and iittftJd up In;j (( ,1:11 (If fnm (4) Ilwdings (up If> a total ot t\\Tnty (20) hOlll~) with CR \ ~taiT to coordin:lt(.: rffol1~ ;Jt1d pro\ alto 11.." ie\,. of R FJ1 S\lrll nis..inn dOClIllll'lU;:', hlSC\X' ~l'1'\'jn's d(.t<niheJ in Ihi:. Sl't ,iult \\111 1)(' pClfoIllWd ('lr ;.1 lump sum kt' ot S\I)!ltl.j)O. plll~ l'f.imlHllsahh' f'''(WIN'. III. TIMING !\1S<:\\' will bL'gln work three (.~) d:1Ys afler MSC.\'\'\ !CCl'lPl pf thi~ cxcc\lRd j\gn'cml.nt. :-'lS( ~\X! Ilndl'r~Iflnd.. rlw ,;i!:,"nifu fllln' of rhL' proj(.n ~dH'd\lk :lnd will Uq' it,;; h"st "fforts t(, perform Ihe scrvic('s in :m :llll'mpl to meel llw prllject lich,'dllle. \frt'! (On suIting \\'ilh Clit'nl, I\lSCW shalJ establish a mutllillly agn:eablc unwtabk- to pnforlll it:-; :-;I..'l\in'~ IV. INSURANCE \)lIril1~ the CtltlrSl' of lwtfnrming scnl((,~ untl" IhlS ,\gn'('I1lt:lIl and for II period of Otll' (1) \Tal 1 Ill'n.,dleT, tvl SfW ~hallll1aintaill :l minimum (If S 2.0(l( I.UO() in pn l(('ssinnal maJpract1n' insurar1rc. (:IH:lil flWTl'~ thHt r\'l~( '\V\ lil1bility for !In) d}Jmag('~, Clllflrnc~ {(,(S, ;lnd costs on account 01 any l'rWl', omission OJ 01l1<:r prof~'~sjI)1l3111cgligencl' shall be limited t/l ~l :,um not 10 l':-cenl the limits of l\1SC\Xf's insurance lun'rage,ol 5(1"'ll {If the cOlIslructiun \'lllul'l)f Iht' pttruon of Ih(' proj('(t {ksignccl by 1\1S( "X" undeT this .\gl'('C'tncm. whiclwn'l is ks~. H (:liem eket:; to hin'/.' hIgher limits of proti:s~iflllHl1i3bjljIY imutH1Kt' thall ct1ITiHl b\ M~( \Xi, Client shall oouf" f\1S< .\\ :mJ (:licnt shall pa) the ('of;! of slIch llddidonlll pr<:mium al lh\.' tlm\.' of ext.cuung Ihi~ Agn:('mclH. I )uring the (our~(~ of performing ~t'n'icl:s und<:t thit< ,\gIH'l1H'nl, !\lSCW :-.hall also matntain a mlOlnmlTI ot S 1,000.0110 in gennal compn'hcnsin liabilit). In~uranCl.:. ". V. OUTSIDE CONSULTANTS AND SERV1CES f\lSC\\""s sen'in'~ arc lirniltxl to thOl;l' HT\kn ~pl"cifit'd in St'oiO!1 11 of this Agre<.:mt:nl Client l't'cogniz('~ thar other Sl'ITiccs~ costs~ and I..'xpcnscs for outside consultants and outside st:rvin:-s m~y he rt'guin.'d but arc nol illc1ud<.'d in this AJ.,J'n:l:nwnt. UiClll ~hall contn\Cl directly with .111 such out~id,~ ('ol1Sultanls and olllsiJe ~cn'iC{ providt.rs. \lSC\\' shall nol be liable for the pcrfom'lUlcc of all) oLltsidt. consultant or outsidl' sl'r"icl' prm'idcr'!>': work or sCf\'icci'. n01' b(' habk for paring tht, inn\ices of liame. HOyot')1l f\{':I~h (.ommUJ1il} R!;d<:\'dupmccIH . \f~(,H()' Potg. '\ of"l I, I li. t ':l1." ; ! ' '\ I , , " , "I,,,:, , \ ~ r, IU:':'If\1Bl1H~ABLl... EXPENSr'~~ ),1~C\V No, O~-OO17].Ol:lOlJ i{'liilbll''';:!'!' ,. \P' i',"(' ;ir, Ch,llJ!,C d f'I,;, d1ll\ ,', .,' !;"ct- l1r'tl' ;i \'1\.11'1,1, ,1\ I I .< ('in)hJ~ t.~tbl( t ~'.r"'-' l~ llli I: I.!... hi!' .1,' Ill.. 11!1111cd III, "II ['lln1' :dld liTH' Hilll 'I,.n "I''' :""", 1;1k,' .... ph il 1""11 i'Tln: , Hl I t 1'1' "h ,ethic,: ;)\ .,,,I;I.P-y ;l n d s hi! 'pin~.: II 1[1! dlq" rIC, ,-:,11, b hlll.<.H 11\ .i1 Ld. :'.1': LJI L: II! , f I" I}'l , ,Vt:l11pllll , !l 1, I :.tI: :,! j ,l, '.rn1'o1 '; ,'t .1 tl ,j\, ,,1 i 11.1 hi tI" II 'Inn: ' '.1 fJ 1l1i Ii r;It Il"~ , ,i I h ( Iv II lr, I t 1]( t' : ,t \, 1 ~( \.\. ':- C mr I, '-,' . fll1 LHr,llni' d'l !nlll'1 ii" IlIlllldt food. !1~IH"I)r)rrlnllll' hr1gl11il 'i ,'I. . nd 'Jnl, J~;r H, 1111hurs:1blc l'Xr(n~('s art l11 :ldJlu,-.n H. elll d,c hlJllp ~llm ;lnd /)"ulh ki'" :Ih,.\ l VI1. A })Dl'TIONAI, SERVICES MSCW: No. Og-0l7U1900 ;-'c'IYln'~ PDt ~pl'flfKllJh llH I \iI.1e d \f1 :-;( '( tl (\ n I' \\1l1 hi p~'r("lTjL'd \lplllJ ( h( I", ,111.II""/:;Jflll). :;' addl1lj'llai ~,n IC~'~ ()II ali hourh (,.c ba:il', Idl!~ rl"illilllJl~abk n:f'<.'iI"l" ;ll,,'jldu'g t" I ..hlh" ,. .," lIT' 'It/'Jlu! b\ ,\1:--( \\ {I'l "U\ln:- \Il1du 1111" \1~1"<'11)('11' :,)~ b,\~,'d ,'Ii 'h" HliIl111)} [!ql, ;'1 )'. ,LIt'" Ill. I hr ~ , :ltJl) 1>1"1 ~.p('nl1 j"(V\lI(lnl'!l~ :H1d prl)I(')(" In !lJf'(l' ;1. id tlll d:HC ,,! I hj- .\ (1) (,llllt n! "'''11'' lid ('111."" h 111I('II)1~ltll)n ll'" bl ,1('( ural( (JI "hllUld ch:1l1gl." III till'" lcgublJoj\~ ;,no pnlIClC. ukl pl:K~. dUlIn).!, I'!' , "t II "l" (d \ I ~( \\ '" I \ II.l'~ hUt'tll \\ hlC I, 1 c~ \lit ill ,Hldll" .n:d ;\ 1:-.1 \\ \\ I.rl, le''-Ium I11l1\1 ~ ,i IIcHl:-: h:tll iu ;\[~~I .\\' lh. n:,sIlI1JI,k addll\f ,nal ''',,' ,,( .,alll, ;,\ c. .ldlng I" I \hlbJl \ \n\ ....~ !',IU t.l-b .h:1I in;1\' ll'ljUlIl'd dllc I. > thud J1Hrl:, ubiv{ l(lh. ('hlljlH'1 i 2i! I s itt>lllnf.' RtlrlJ(.q.. \PJ'C;;)"I"tht (".\trl1lOl';'I\.1 ( ;,j,"h'l. :tllll II11l1'I 11,11.1 1';111,\ ,1111'l',tll')lHl ~""" ,h;.ll hI \"jhldl'll.d ~ddlil<.n:,i ,( n 1,(', 1 ;!'cp;01rul~', 1')1 , " ~~ n Ill)..' "... :; \\ ltl 1<:;-;" 1Il .1 II \ III iga Lion, :1 rbit r:llill:l. III (>lh~ J kgallll ;1 d III jllJo.;l nll'\ I pI< I( t'c-d1n,l;!. ansllli.~ ( J r Ii'tllt llllil'.( I III \I~( \'X '., S"1\ i, v. 4mll al..., , h ,.J\ :.dtllli, 111:11 ~;('l.. Id to hI p;ild h, ( il<.ll~ acc\lrJl1l1' II' 1.~11l1'1I "-\ VIII. PAYJ\'IENT \1:-;1\\' 111\ <>11t" wIll he suhmitted II) (Jtt'fll 1."('1\ II'!'! :.1; \\ c.(>!. ;,1\d p:l; mcnr 1" dlll' w)lhm Ihlrl\ :?,Il, da\",)ftht d<it<;..Ii.n\'oje(' ll1\'oicing fOllumr SlIm r"'ltTI" \\'lU IH' h:"l.tl on lh, ",film It qf rt:'rc('ll!;lp-' - of ~{,I"..in.', l' >mpkled through tll<: sC.f\'ic~ dale as j(,fC'Ji.'llU:d \\'llhill the 1l1\ Ill!; Ill\ (lIllOg lut hour" P1'(Jll.C1~ wllJ lnduJe all hours chargl';lhlc: Ihrough the '1'11'1((' d:HC ;<., ,dtn'Tleui widilll Ihl' :m (Jlu )j p:l~ In~'nl I~ nOI It:n.~l\ t d within thtrty ('1()) df'~'S fl'0111 dll Ie (I( tbe im 0jU:, Sl'!'\ -in., \\111 st op \Inl i1 I h( l()fa I unpaId balan(.{: ha~ bu::n t(..C(,j, t'd, The pl.rfuJ'm;\H('(' uf \IS! \\, ~,'IYlCt:~ CI. 'llll:mpl:1I ed ill the prO)ll ! ~d)niuk will he ~lIbj<'CI \0 Clil'nr'!, p~~'m<.'lll or fce;; \\ ithin the :Ih, "T ck-:crilwd dUll,' no} J:I\ ptri"d \ n lntUT~1 :-:ll( ,',f j : ;." f, will 1)( applied 10 am Il\llsr:t nding h;d:1l1c(' In execs;; III "i"t't (6fl) d:-t \'S fn till rllt ,I;: 1 t "f i11l< )i(l , (', ,mpuH-d from Ihirn (.'10) d:1 \ S (\<.m cblt (,f in\ c .ie, II, p:, ,I h 'j~' I If}l l'liH1J1.. 1(\ ~L.\'!. 1(lr:111..nl \ftl 1',1-" , ' . '; ,... ~ I,' ~? - \l; , . / (,' /.,'.:;. ~ ) : ,) T':' ,I.} r", /. /! i to", ,- IX. ADVANCE RETAINER 1)1$. III th(' (:!il'nl'~ (':-'lahlis!H:d r(;]ariooship \\'1th i\I~( \\'. fht r<"(I'.I1rCI111.:nt In1 :111 :llhHlkC rdhllH'1 j~ lleft:!;' wain:d X. GENEHAL CONDITIONS rlw t ;('ncr:t1 ( Onl,.htllll1S alr:H:lwu ;1<; Exhibit "$'> He :-1 parI (I( II\!:- \gll"Unl'11t mlll :.Jll ilH Ol rOI<,tl.d hen.ill Xl. CLIENT INFORMATION Cltelll 11I(flnn:1I101l l~ llllTenth nn fill' wid. !\lSC\V t-..(, HJdill<lllHl infnnnHtiw1 i, Il"ljtlilul ".id, this .\~n,:(:ml'nr. \ rplO\ nl and. \cn-ptnl lhi.. .___ ____ da\' qf _ _ .. _... . .. --. - -- - - ,2()l):-). :MSC\V,INC. BOYNTON BEACH COMMUNITI' REDEVEI~OPl\.1ENT AGENCY , lh: .- , I. lh: });l,'id .\. l'lTl\, 1{1 1', ,\~l.\ -I': __ ___ _..____________________ca, Dalt' ~igwltllr{' I )at{" ~TLldi() J ,(:;ldCl , , \ . rha II I kSlgll / J .anuSl.'iljH: ,\ rchit('ulll(' -.---..---- - ~/.. / PrilltcJ '~1m(.' ~,J"" ".~) .,.~/I " Ik />.' /L r___. / .;{; /.v .' k::' L~1J .. I , ., . _J~._ "_,~_. ____._____._..J-__ I~~'in T. \\'a1,h, P.L. D:-1I(' .__._-_._-_._.~ . -_.._..~--_..'-,..,.,....",.-.,.,...."..",- I :.xccllliH' Viet, President & C.( U l. '1 itle .,. g(l~ nlOll R..;,{ h ('( ,mIllU1Ul~ }{.:J( \'dnpm(,111 '\f!,L'I1t')" bg(':i of:' I' ' '.' {,j". "I ,_ _ \ , \ 1.."'.'.' : I .:;., j , i I ". , I II' .1 il' , . . ... 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TIll' lllIlIl' ,UllI rn, :Illd hudgll ntlm;tk r,.,.~, N..'i 1..111, 11' lit, \gllTllIull an' \':llld fo, nf,hlt'l n " I 1;: month, "ftt:! Ill(' dalc o( 'l~lIill!'. of Jlw\~~n"'I1\('lIl h:, hllll. p;,ni..". It'g,lIdk,' (If lh, Illlll 01 ,h,'\gl("'IlWOI (Jr Chll,lllon of \151 \\-~ ~,n'i...(.~ Illl'II',.il,'1. tht 1\11111' "11\11 11'0 and blldgd nlllll:;!" fn" ,1i.!!l11I '\lhll"t I 10 d;allj:." ami ll'.nql.uu;nnl .2 r,~ Ill< l;lIl'" fe~"" allll plll"1- ~..I fOllh III (lti~, .\glll'lll('J11 ,to n"" [J,elll.!' pt'lI1l1l. .[rrh~';H10Il, ur fibnr in. ( helll shall b,_ n 'pon,ihll f( 'I I hl' p;I':IlH'n I of ~';iJll'. ~-J.( 1 (.It''lll "t~'l'n 11".1 '.IS', 1:\. l> nlln:nth "IlLll' (rt,<: ,II "m tJlll' ill Ih, hilllti; III p1o\'ld< ~t:t....lt.:n to other ;"'I~( \\ l'h(..nt~ lot )1101<''-'' Il'i rlw ,,,me ~<l1!r'lpl'll" ;lH.1 ,I, CIl<'T1I', 1'1'{))C(\ In rl1< ('vult Ih:11 ,h,> .\gll'('m{'l1l i, "nrlll1,Il..r! iOI .111) n.';,l"OlI (h, nt ,;~It" th;.t \1'('\\' I;, fr,'(' ,.. p,o\,idr ,.('r"i~". I" ,,111Ll 1\bl \'(' e1ll nt, ["f Pt<'>lct:!' In! Ill, ,,,me prllpt'll;' r>1 ill 11t(' ,;111,' I",,\f!o;, ," l'It,'j,,', PrI',"'!. (.IIelll il.Hknl,md- Ih,lr ,\I.~( \\' CHIlli" dIH'I",( III Client nUl other (!J('IlI,,' l(lntidcll1l:11 1111<:1111('11-. ]11"1""<'.1 u"." \';')U,i11"II', ..Ild "',I,in,. S~ I'l':.ltl< ,tl;'hll'~ n.'!?,IHllllg {hell l'ro,u h. l.il;l'\\"<' :\l~( \X ('i!t111l.1 dh.,l, )>,' eh, nl'~ mnrl11 ,of\ftdl'ntj,.l Informilll()!1 10 ..Iher :\1:;1 '\\ dlClll> !\ 1:'<:\\ hclt('\'t'~ Ill", Ihl' nnn <llq.lo_\l1'1" 01 nmfllkl11i,l1 il,f,,;lH:lli...., will not intllll'nCt: r\1~.( \X'\ pFJ!('"inn>>1 <'n~lI1<'l'rmg judgment Ill' Ih,. 'lu:IIII',' ill llw ~l-r\ln" l'l'(1u\.l. d In I: hc"n' ( IWI1I .'y.n'l', In \\'.11\ l' :11l\' ".nihll; (,j it'lI{'Il'''1 , I, .'\1.'.1 or TC'b t ('(I 10 ,hI' "h,]\',', ~, 1..xhil>l~ "H' (;,1;('1,.' ( OI\',!I\I;1l1o I" .\;.'It''1'''"1I1 PJf\' '\ 'If " L, .! '. !.. " ,. XI. OLD BUSINESS: D. Consideration of Approval of Addendum to Work Order No. 07-0124 with MSCW, Inc. to Provide Construction Administration Services Relating to the Slip Renovation Project at the CRA's Boynton Harbor Marina f:;... r IJ~<!Y~T8~ eRA Ii East Side-West Side-Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 14, 2008 I Consent Agenda I X I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Consideration of Approval of Addendum to Work Order No, 07-0124 with MSCW, Inc. to provide construction administration services relating to the slip renovation project at the CRA's Boynton Harbor Marina, SUMMARY: At the June 12, 2007 CRA Board meeting a continuing contract for marine engineering and design services was approved with the firm MCSW, Inc. whose expertise is in marine engineering. MCSW, Inc. was authorized to perform design services for the redevelopment of the Boynton Harbor Marina under Work Order # 07-0124 at the August 2007 Board meeting, . MSCW, Inc. will provide the CRA with field construction administration services . Field observation visits and site meetings with contractor . Provide weekly status reports and milestone schedules to CRA and contractor . Provide photographic record of construction progress and history . Maintenance of FTP site any and all documents pertaining to the project available for review . Upon completion, provide the CRA a digital record file of all documents and correspondence FISCAL IMPACT: $18,000.00 Source of Funds: 2007 PBC Waterway Bond Grant- $2,000,000 awarded to the CRA. RECOMMENDATIONS: Approval of Addendum to MSCW, Inc.'s Work Order No. 07-0124 to provide construction administration services during the slip renovation project at the CRA's Boynton Harbor Marina. ~~~~::- Michael Simon, Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\MSCW addend to WO# for construction admin services.doc . "------~---_._-_.._--.- \% create lasting communities, " MSCW ADDENDUM TO AGREEMENT FOR PROFESSIONAL SERVICES MSCW, Inc. ("MSCW") and the Boynton Beach Community Redevelopment Agency ("Client") enter into this Agreement and agree as follows: I. PROJECT DESCRIPTION MSCW No. 07-0124 (Original Agreement) Pursuant to Section II. of the original Agreement (MSCW No. 07-0124), MSCW provides this Addendum as outlined in Section II, the Additional Scope of Services below, All services shall be accomplished in accordance with the conditions of the original Agreement. MSCW is pleased to provide this proposal to the Boynton Beach Community Redevelopment Agency ("eRA") for field construction administration services as it relates to the Phase 1 construction of the slip renovation project at the Boynton Harbor Marina. This proposal has been provided at the request of CRA staff to assist staff in providing limited field construction administration services, reporting and review of pay recommendations requests during the course of the marina construction. MSCW's detailed scope of services to be provided is as follows: II. SCOPE OF MSCW SERVICES AND FEES A. Construction Administration Services 1. Construction Administration Services - Phase 1 Slip Renovation MSCW No. 07-0124.6910 a. MSCW will perform periodic field observation visits (up to a total of sixteen (16)) during the course of construction. For the purposes of this proposal, it is estimated that the construction duration will last approximately four (4) months, MSCW will schedule periodic site construction meetings with the selected marina contractor, CRA representative and marina design engineer to review the current status of work, coordinate outstanding issues and review the project schedule, 4750 New Broad Street I Orlando, PL 32814 I Tel: 407.422.3330 I Fax; 407.422.3329 I www.mscwinc.com -,~. we create lasting communities. 'u b, Based on each field observation visit, MSCW will prepare a written status report that outlines the current status of the project, any deviations from project construction milestone schedules or other issues to be coordinated either with the CRA or the City of Boynton Beach Public Works or Building Departments. MSCW will provide these reports in both digital and hardcopy format to the CRA for their records and/or coordination purposes. c. MSCW will provide a photographic record of each site observation visit, d. During the course of construction, MSCW will establish and maintain an active FTP site to make all construction plans, project construction records, photographs, exhibits, change orders or other associated docwnents readily available for review or download for printing at any time, e. At the conclusion of the site construction, MSCW will provide a digital record file of all documents and correspondence to the CRA for their records. MSCW servic,es desC11bed in this section will be performed for a lump sum fee of $18,000.00, plus reimbursable expenses. B. Meeti~s and Hearings 1. Government, Client, Project Coordination Meetings and Hearings MSCW No. 07-0124.0710 MSCW principals and/ or project managers will prepare for and attend required meetings to represent the project. In addition, MSCW will meet with the eRA Staff or other City Staff, as requested, to coordinate and update staff as to the current status of the project construction, MSCW services described in this section will be performed on an hourly rate basis with a budget estimate of $3,500.00 according to Exhibit <<A", plus reimbursable expenses. ... Boynton Beach Community Redevelopment Association Page 2 of 4 4750 New Broad Street I Orlando, FL 32814 I Tel: 407.422.3330 I Fax: 407.422,3329 I www,mscwinc,com - ._.._--,,~.'- .--.,..-,--..-.-.---.-.--. ~ create Lasting communities," III. TIMING Timing shall be in accordance with the original Agreement. IV. INSURANCE Insurance shall be in accordance with the original Agreement. V. OUTSIDE CONSULTANTS AND SERVICES Outside consultants and services shall be in accordance with the original Agreement. VI. REIMBURSABLE EXPENSES MSCW No. 07-0124.0800 Reimbursable expenses shall be in accordance with the original Agreement. VII. ADDITIONAL SERVICES MSCW No. 07-0124.0900 Additional Services shall be in accordance with the original Agreement. VIII. PAYMENT Payment shall be in accordance with the original Agreement. IX. ADVANCE RETAINER Due to the Client's established relationship with MSCW, the requirement for an advance retainer is hereby waived. X. GENERAL CONDITIONS The General Conditions shall be in accordance with the original Agreement. Boynton Beach Community Redevelopment Association Page 3 of 4 4750 New Broad Screet I Orlalldo, FL 32814 I Tel: 407.422,3330 I Fax: 407.422.3329 I ,,,,'ww.mscwinc,corn ...... we create lasting communities,'. XI. CLIENT INFORMATION Client information is currently on file with MSCW. No additional information is required with this Agreement, Approved and Accepted this day of , 2008. MSCW, INC. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: By: David A, Perry, RLA, Signature Date Studio Leader Urban Design/Lands f:~ Printed Name By: t!/~ ate Executive Vice President & C.O,O. Tide ,. Boynton Beach Community Redevelopment Association Page 4 of 4 4750 New Broad Street I Orlando. FL 32814 I Tel: 407.422.3330 I Fax: 407,422.3329 I www,mscwinc.com -. - _....._._..~ -".--.- ..--.-.-...--.-..--."...... "We create lasting communities ,. EXHIBIT "A" 2007 - 2008 MSCW HOURLY RATE/DIRECT COST SCHEDULE Hourly Hourly Categol}' &E Catellol;y Rate Expert Witness & Testimony $400.00 CADD Team Supervisor $115,00 Preparation for Deposition/Trial 300.00 Transportation Designer 1 115.00 Senior Principal 235,00 Engineering Designer I 115.00 Team/Resource Leader 205.00 Senior Scientist 110.00 Senior Studio Leader 205.00 Senior Technician II 110.00 Studio Leader 205.00 Senior GIS Technician II !OD,OfJ Team/Resource Manager 185.00 IT Manager 100.00 Client Relationship Manager II 185.00 Construction Services Coordinator 100,00 Studio Manager 185.00 Project Engineer 100.00 Senior Economist II 165,00 Planner II 100,00 Senior Project Manager II 165.00 Designer II 100.00 Senior Project Manager I 155.00 Project Landscape Architect 95.00 Senior Economist J 150.00 Staff Engineer 90.00 Project Manager 140.00 Planner J 90.00 Client Relationship Manager I 140.00 Designer 1 90.00 Senior Transportation Designer II 135.00 Economist 90.00 Senior Engineering Designer II 135.00 Associate Scientist 85.00 Senior Project Engineer II 135.00 Senior Technician I 85.0n Senior Designer II 130.00 Senior GIS Technician I 85.00 Senior Planner II 130.00 Professional Staff 80,00 GIS/CADD Manager 130.00 LA Designer 80,00 Construction Services Manager 125.00 Environmental Specialist 75,00 Senior Transportation Designer I 125.00 Permitting Coordinator 7500 Senior Engineering Designer I 125.00 Engineering Technician 70,OU Senior Project Engineer I 125.00 Planning Technician 70.00 Senior Planner J 120.00 GIS Technician 70.00 Senior Designer I 120.00 Executive Assistant 70.0U Transportation Designer II 120.00 CADD Technician 60.00 Engineering Designer II 120.00 Administrative Assistant 55.00 Senior Landscape Architect 120.00 Office Assistant 50.00 Prelim Subdiv Plan Coordinator 115.00 Research Assistant S(WO Research Economist 115.00 Reimbursable expenses arc charged on a direct cost basis times a multiple of 1.1. Reimbursable expenses include, but arc not limited to, all prints and reproduction costs associated with reports, prints and reproduciblcs. postage and shipping; long distance calls; laboratory analysis; field kit charges; equipment rental; and expenses for travel outside a thirty (30) mile radius of the home office of MSCW's employee performing the travel (to include food, transportation, lodging, tolls and mileage). In cases where overtime work is performed by hourly paid employees, it shall be billed at a rate of one and one-half (1 '/2) times the- standard hourly rates. Hourly rates arc in effect through September 30, 2008, Rates shall be revised annually, effective October'!st 4750 New Broad Street I Orlando, FL 32814 I Tel: 407.422.3330 I Fax: 407,422.3329 I WW\v. mscwinc.co m - ~ create lasting communities." EXHIBIT "B" GENERAL CONDITIONS TO AGREEMENT 1. Client or a duly authorized representative is responsible for providing MSCW with a clear understanding of the Project nature and scope, Client shall supply MSCW with sufficient and adequate information to allow MSCW to properly complete the specified services. Client shall also communicate changes in the nature and scope of the Project as soon as possible dUl'ing performance of the services so that the changes can be incorporated into the work product. 2, Services performed by MSCW under this Agreement are to be conducted in a.manner consistent with the level of care and skill ordinarily exercised by members of MSCWs profession practicing contemporaneously under similar conditions in the locality of the Project. No set of Project plans are perfect. No warranty, expressed or implied, is made. Client recognizes and understands that the desjgn and construction process is complicated and that once Project plans are finalized that changes in the Project plans are a normal process and will become necessary due to subsurface conditions, new information, changed conditions, governmental requirements, conflicts with existing conditions, mistakes, errors, omissions and other issues, MSCW will correct any errors, mistakes, or omissions in its Project plans for no additional fee, but shall not be responsible or liable for the construction costs of changes required by same or other damages, 3. Client recognizes that subsurface conditions (soils, underground utilities, water tables, etc,) may not be known or may vary from those observed at locations where borings, surveys, studies, or other explorations are made, and that site conditions may change with time. Client understands and recognizes that such work may not reveal all nor any subsurface conditions. Client shall not hold MSCW liable for failure to locate or determine the presence of such subsurface conditions. Interpretations and recommendations by MSCW will be based solely on information available to MSCW at the time of the services. 4. Client will grant or obtain free access to the Project site in a timely manner for all equipment and personnel necessary for MSCW to perform the services set forth in the Agreement. 5. In the event Client has not paid a MSCW invoice within 30 days, then upon seven (I) days written notice, MSCW may suspend all services and work. Client agrees that MSCW shall not be liable for any damages or delays caused by MSCWs suspension of such services and work. MSCW shall not recommence services and work until Client has paid aU past due invoices in full. Client shall be responsible for and shall pay to MSCW, all of MSCW's reasonable attorneys' fees, court costs, expenses, and MSCW's employees' time, in the event MSCW is required to take any action to collect past due invoices. In addition, all invoices not paid within 30 days shall bear interest at 1,5% per month, 6. All reports, plans, specifications, field data, field notes, drawings, calculations, estimates, and any other documents prepared by MSCW are and shall remain the property of MSCW. Client is granted a non-exclusive license to utilize the documents prepared by MSCW only for the specific Project set forth in this Agreement. 7, Client agrees that all documents furnished to Client, which are not paid for, shall be returned upon demand and will not be used by Client for any purpose. 8. MSCW will store all documents, drawings, and files related to the work performed pursuant to tIus Agreement for a ,,- period of seven (I) years after substantial completion of the Project or seven (7) years after completion of MSCW's w01'k if a substantial completion certificate is not issued. At the end of the seven (7) year storage period, MSCW shall discard and destroy all said documents, drawings, and files. During the seven (7) year storage period upon reasonable notice and request, and as long as Client has paid all invoices, Client shall be free to inspect and copy any such stored documents, drawings, and files at Client's expense. 9. MSCW's drltwings, records, and documents shall not be used by Client on any other Project, fOl' additions to the Project, or for completion of tlle Project, unless approval is granted in writing by MSCW. 10. Client may not delegate, assign, sublet or transfer its duties or interest in the Agreement without the written consent of MSCW. . 4750 New Broad Streel I Orlando, FL 32814 I Tel: 407.422,3330 I Fax: 407.422,3329 I www.mscwinc.com ~ _._.______.____H___~_,._.__.._...__.._____~ -, ~--_._~_.- we create lasting communities ,.. 11. The laws of the State of Florida shall govern this Agreement. Venue for any dispute shall be 10 the courts of Change County, Florida. However, no suit shall be ftled in any court until after Client and MSCW have completed mediation of the dispute. Mediation shall be conducted pursuant to rules of practice and procedure of the Florida Supreme (~ourt The cost of the mediator shall be split equally between the parties. 12. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not be impaired. Limitations of liability and indemnities shall survive termination of the Agreement, regardless of cause of tennination. 13. MSCW does !lQ1 supervise the work of contractors. MSCW shall not, during site visits or as a result of obsenrations 01 any contractor's W01"k in progress, supervise, direct or have control over said contractor's work nor shall MSC\V have authority over or responsibility for the means, methods, schedule, techniques, sequences, or procedures of construction selected by said contractor or safety precautions and programs incident to the work of the contractor or for any failure of the contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the contractor furnishing and perfOtm1ng its work. Accordingly, MSCW does not warrant or guarantee the performance of the construction by any contractor nor shall MSCW have any responsibility for any contractor's failure to furnish or perform its work in accordance with the Contract Documents. Client shall not hold MSCW responsible for any contractor's failure to timely perform 01' complete the work. 14. Review of shop drawings shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 15. By recommending any payment to a contractor or subconsultant, MSCW shall not thereby be deemed to have represented that continuous or detailed rev1ews or examinations have been made by MSCW to check the quality and quantity of said work, only that the work has progressed to the point indicated. 16. MSCW may recommend that Client retain various other consultants to perform certain work such as soil borings, surveys, studies, and/or investlg.ttions. Client shall not hold MSCW responsible and MSCW shall not be liable to Client for the acts, errors, or omissions of any contractor, subcontractor, consultant, service provider, or supplier, 01- their agents and employees, or any other person (except MSCW's own employees). 17. Since MSC\V has no control over the cost of labor, materials, equipment, or services furnished by others, or over any contractor's of determining prices, or over competitive bidding or market conditions, MSCW's opinions of Project costs and construction costs are made on the basis of MSCW's experience and qualifications and represent MSCW\ best judgment as professional engineers familiar with the construction industry; but MSCW cannot and does not guarantee that proposals, bids, or actual Project or construction costs will not vary from opinions of costs prepared by MSCW. If prior to the bidding or negotiating phase Client wishes assurance as to Project construction costs, Client shall employ and pay an independent cost estimator. 18. Since MSCW has no control over government regulations and decision making, MSCW's op1tl.1ons on whether any potential Project or development proposal will gain governmental approval are based on MSCW's experience and qualifications and represent MSCW's best judgment as professional planners and/or engineers (depending on the contracted-for services); but MSCW cannot and does not guarantee that any governmental approval will be obtained. 19. In the event Client selects, specifies, or directs MSCW to utilize a specific product, system, or methodology in a design, then Client shall assume responsibility and liability for the performance of such product, system, or methodology and shall not hold MSCW liable for any failure of that particular product, system, or methodology to perform properly. 20. Either party may terminate this Agreement without cause upon giving the other party seven (7) days written notice. In the event of termination, MSCW will be paid for all services and reimbursable expenses completed through the date of termination based on the percentage of work completed at the time of tennination or Exhibit "A" as the case may be. A~ long as MSCW has been paid to date, Client will have the right to receive copies of drawings, calculations, and documents regarding services performed up to the time of termination. ] ~xhjbit "B" Gcneral Conditions to Agrcemcnt Page 2 of 3 4750 New Broad Street I Orlando, FL 32814 I Tel: 407.422.3330 I Fax: 407.422.3329 I WWW.1l1SCWfnc.l,Olll ___. ~ create lasting communities." 21. MSCW covenants and agrees that it shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestLy, 22. MSCW's opinions. concerning environmental regulatory matters, wetland jurisdiction, wetland permitting, wetland mitigation requirements, water quality, and threatened and/or endangered species, are provided based on data, site conditions, and information available on the date of our site review, These opinions are for general planning purposes only, and should not be used as a final determinant of regulatory agency position, final. development potential, or appraisal purposes. The final extent of agency wetland jurisdiction or mitigation proposal can only be determined through field location of the wetland limits and on-site agency review and approval of those limits, and are only valid for the length of time as allowed by the regulatory agency. Threatened and endangered species determination is subject to regulatory changes and the natural mobility and movement of animal species, We do not and will not make any survey, review, or investigation into hazardous wastes. 23. The rates, fees, and prices set forth in the Agreement are valid for 30 days from MSCW's transmittal of the Agreement to Client. If Client executes the Agreement or provides an Authorization to Proceed to MSCW more than 30 da}'S after MSCW's transmittal of the Agreement to Client, then the fees and prices shall be subject to change and re-negotiated, 24, The lump sum fees and budget estimate fees set forth in the Agreement are valid for eighteen (18) months after the date of signing of the Agreement by both parties, regardless of the term of the Agreement or duration of MSCWs services. Thereafter, the lump sum fees and budget estimate fees shall be subject to change and re-negotiated, 25. The rates, fees, and prices set forth in this Agreement do not include permit, application, or filing fees, Client shaD be responsible for the payment of same. 26. Client agrees that MSCW is currently and is free at an}' time in the future to provide services to other MSCW clients for Projects in the same geographic area as Client's Project. In the event that this Agreement is terminated for any reason, Client agrees that MSCW is free to provide services to other MSCW clients for Projects for the same property or in the same location as Client's Project. Client understands that MSCW cannot disclose to Client OUf other clients' confidential intentions, proposed uses, valuations, and business relationships regarding their Projects, Likewise, MSCW cannot disclose Client's similar confidential information to other MSCW clients. MSCW believes that this non-disclosure of confidential information will not influence MSCWs professional engineering judgment or the quality of the services provided to Client. Client agrees to waive any conflicts of interest created or related to the above. ,. Exhibit "R" Gcncral COl1dition~ to Agrecmcnt Page 3 of 3 4750 New Broad Street I Orlando. FL 32814 I Tel: 407.422.3330 I Fax: 407.422.3329 I ww\v. mscwinc.com XI. OLD BUSINESS: E. Consideration of Options on Contract with American Realty-Ocean Breeze (" ~~~~Y~T2~ eRA iiI East Side~ West S,de~ Seaside Rena",ssance eRA BOARD MEETING OF: October 14, 2008 I I Consent Agenda IX I Old Business I New Business I I Legal I Other I SUBJECT: Consideration of Options on Contracts with American Realty - Ocean Breeze SUMMARY: At the September 2, 2008 CRA Board meeting, the Board voted to renegotiate the contract for the west side and leave the west side until the proximity issue for the State was resolved. The following actions have taken place: . CRA staff contacted the second respondent to the RFP, The Carlisle Group, No response has been received to date. . Chairman Taylor, representatives from American and CRA staff met with PBC Addie Greene to discuss funding for down payment assistance or site development. . CRA staff met with Assistant County Administrator Shannon LaRocque and Ed Lowery to discuss the potential for County funding of the project. . Chairman Taylor investigated the potential for using the $750,000 in CRALLS funds, However, City staff has stated that only $100,000 is available. . CRA staff will attend the Florida Housing Finance Corporation's (FHFC) Rule Committee meeting in Orlando on October 30, 2008 to recommend a change to the proximity point's portion of the Universal Application. . On October7th, CRA staff met with brokers representing a grocery store looking to locate a new store in the Heart of Boynton. . American Realty's contractor, RTG, has secured a revolving line of credit in the amount of $1 M to begin construction of site. . -~~:" - . American Realty sent an addendum to the west side contract. The terms are as follows: - Purchase price - $20,000 per lot up to $600,000 - CRA to hold land until home buyer closing. - CRA shall fund $20,000 per lot to the Homebuyers Assistance Program to be allocated to purchasers of the Ocean Breeze homes - American Realty to pay for site development T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Ocean Breeze Options.doc \ ' '\ ,/. r~'~~qY~T2~ eRA iii East Side-West Side-Seaside Renaissance FISCAL IMPACT: None at this time. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDA TIONS: 1. Continue to work with American to develop the single-family portion of the project by ensuring a source of down payment funds. 2. Assist American, along with Auburn with the necessary rule change for the grocery store proximity issue. 3. Execute the addendum to Contract as presented. ~~ Assistant Director -~ T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Ocean Breeze Options. doc Oct 09 08 07:54a Wooster 561-369-5803 p.2 .~~asid@ ~. NIlI-.v.I....nl.&.Trull. October 2, 2008 Mr. Jeffrey S. Wooster, President RTG Construction, Inc. 3300 South Congress Avenue, Suite 5 Boynton Beach, Fla. 33426 Re: Guidance Line of Credit Dear Mr. Wooster, Seaside National Bank and Trust, a national bank (the "Bank"), is pleased to offer this non-assignable Loan Commitment (tM .Commitment") to extend the loan as set forth below (the "Loan") to RTG Construction, Inc. (the "Borrower"), for the purposes and on the terms expressly set forth herein. This Commitment is based upon the accuracy of all facts, statements and financial information submitted to the Bank as part of the request for the Loa.n, as defined herein. It is also conditioned upon the terms outlined below and subject to execution and/or delivery of all documents required by the Bank or its counsel in connection with the closing of the Loan (the "Loan Closing"). The general terms of this Commitment (the terms hereof are not inclusive of all loan terms and additional terms and conditions may be contained in the loan documents executed in connection herewith) are defined and outlined as follows: BORROWER: RTG Construction, Inc. LOAN AMOUNTS: $1,000,000 Guidance Line of Credit (GLOC). Each residential unit funded under the Line will be evidenced by a sub-note structured as a non-revolving construction line of credit (NRLOC). PURPOSE: To provide funds for the vertical construction of affordable single family homes located in the Boynton Hills subdivision in Boynton Beach, Palm Beach County, Florida. TERMS: Interest only payments monthly on the outstanding principal balance. The entire principal balance of each sub-note is due upon sale of the constructed home or at maturity, whichever comes first. MATURITY DATE: The GLOC matures on June 1, 2010; concurrently with the CRA Commitment of Funds, Each sub-note (NRLOC) has a six (6) month maturity from origination. GUARANTOR: Jeffrey S. Wooster. Malinda Wooster, Gloria J. Hunt, ZMJ Investments. lLC -":',,- INTEREST RATE: Floating at the Wall Street Journal Prime Rate plus 50 basis points (.50%). As of October 1, 2008 indicative rate of 5.00% + ,50% = 5.50%. Interest due on the Loan sl1all be calculated on the basis of a year containing 360 days and shall be calculated for the actual number of days elapsed. FEES: 0.25% of the loan amount at commitment; 0.75% of the origination of each sub-note. COLLATERAL: First Residential Real Estate Mortgages on 8 residential lots plus Oct 09 02, 07 543 v\! ()OS te! 'h 1 -:~6S1-SF\U" .,,-\: \j ;Yo' 'I Page 2 ,"~~7w/ COLLATERAL: First Residential Real Estate Mortgages o~esidentiar Jots plus improvements, located in the subdivision of Boynton Hills, Boynton Beach, Palm Beach County, Florida L TV not to exceed 75%, LTC not to exceed 65% SPECIAL CONDITIONS: The Loan IS subject to the following additional conditions and covenants (1 ) The Borrower shall maintain their primary operating accounts w!th the Bank, which shall be maintained in a manner satisfactory to the Bank (2) The Loans shall be due and payable upon the sale of the Borrower or the Collateral Property, (3) All assets to be kept in good repair and insured; the Bank shall be listed as loss payee. (4) Advances on the NRLOC (the sub-note) are allowed up to t'"'!e lesser of (a) 100% of construction costs, (b) $115,000, (c) 75% of ~ appraised value (5) All necessary insurance coverage such as builder's risk, flood (If applicable), worker's compensation and contractor's liability with special endorsement as needed. The Bank shall be listed as loss payee or additional insured. (6) Borrower will maintain a minimum Interest Debt Service Coverage of 2.50x to be tested annually based on the Fiscal Year End financials. Interest Debt Service Coverage is defined as Pre distribution EBITDA divided by annual interest expense on the NRLOC and any other CPL TD on the Borrower's balance sheet (7) Furding limited to one (1) spec/model shouid a contractfall out It two or more "fallout" events occur, then the line would be frozer such that no new homes could be started. Conditions to Close/Fund: (1 ) Evidence of environmental due diligence prior to funding must be received, reviewed and approved by the Bank (2) All necessary insurance coverage such as builder's risk, flood (It applicable), worker's compensation and contractor's liability with special endorsement as needed The Bank shall be listed as loss payee or additional insured. ~ (3) Residential appraisal, indicating a L TV < 75% on each unit (4) P re-a pproval/Pre-qualification of the end ilomebuyer by a residential mortgage lender or the Bank. The Loan shall be governed by and subject to a fonnalloan agreement and other formal loan documents setting forth additional terms and conditions typical and customary in conjunction with the above-described loan transaction and consistent with prudent bank[ng practices Our proposal to extend the Loan is contingent upon the satisfaction of the follOWing conditions, which may be waived by the Bank in its sole discretion Oct 09 08 07:54a Wooster 561-369-5803 p.4 ------ ------------ Page 3 1. Financial Statements. etc. During the term of the Loan, the Borrower and the Guarantors'wiJl deliver, or cause to be delivered, to the Bank copies of each of the following: a. Borrower to supply complete copies of Business Tax Retums, including all schedules and K-l's, on an annual basis, beginning with the 2008 Business Tax Return. Receipt is to be no later than thirty (30) days past filing, b. Guarantors to supply complete copies of Personal Tax Returns, including all schedules and K-l's, on an annual basis, beginning with the 2008 Personal Tax Return. Receipt is to be no later than thirty (30) days past filing, c. Guarantors to submit a Personal financial Statement on an annual basis no later than 1 year from previous statement in file. d. With reasonable promptness, such other financial information as the Bank may reasonably request from time to time, in form and content acceptable to the Bank. 2. ManaQement. Control and Ownership. During the term of the Loan, without the prior written consent of the Bank, there will be no change in the management, control or ownership of the Borrower or the Collateral Property. 3. Oraanizational Documents. The Borrower shall provide to the Bank copies of the Articles of Incorporation and Bylaws of the Borrower and Guarantor, including all amendments, prior to the Loan Closing. 4. Good Standina Certificates. Prior to the Loan Closing, the Borrower shall provide to the Bank good standing certificates issued by the Secretary of State of the State of Florida for the Borrower and the Guarantor. 5. Approval of Documents. The Borrower shall duly execute and/or deliver such instruments, documents, opinions of the Borrower's counsel, assurances, arld do such other acts and things as the Bank may reasonably request, to effect the purpose of the transactions described in this Commitment. All proceedings, agreements, instruments. documents, and other matters relating to the Loan, and all other transactions herein contemplated, shall be satisfactory to the Bank and the Bank's Counsel and shall be drafted by the Bank's Counsel. 6. Fees and Expenses. By acceptance of this Proposal, the Borrower agrees to pay, regardless of whett1er or not the Loan is closed, any out-of-pocket expenses incurred by the Bank in connection with the underwriting of or incidental to the Loan as well as any post-closing costs, including applicable documentary stamp and intangibl€ tax (if any), recordingffiling fees, lien and financing statement search fees. title search expenses, inspection expenses, all fees and expenses of the Bank's Counsel, all insurance premiums for coverage required by the Bank and any other costs or expenses. 7. Confidentiality, This Proposal is made exciusivelyto the named Borrower, and it cannot be disclosed -..:, to any third parties (other than the Borrower's accountants and attorneys to advise it with respect to - the Proposal) without the express written consent of the Bank. Any attempt to disclose the Proposal without the Bank's prior written consent shall terminate the Bank's obligation to advance the Loan under this Proposal, but shall not terminate the obligation of the Borrower to pay any commitment fee Dr otherwise reimburse the Bank for loan costs. a. Modifications. Any modification of this Proposal or any part thereof shall only be valid and binding if in writing and executed by the Bank, the Borrower and the Guarantors. 9, Financial Condition. The Bank shall determine in its absolute discretion that there shall have been no significant adverse change in the financial condition of (i) the Guarantors and (ii) the Borrower as reflected in the most recent financial statements provided to the Bank and, except as provided herein, the Borrower shall be in compliance with all financial covenants and ratios set forth hereinabove. Oct 09 08 07558 Wooster ~,h! -3(~9-S8U:' Page 4 10. Loan ClosinQ Deadline. The transaction contemplated by this Proposal must, unless otherwise agreed by the Bank in writing, be closed on or before November 14, 200B 11. Law Governina. This Proposal shall be construed in accordance with and governed by the laws O' the State of Florida, without giving preference to any conflicts of the laws principles 12. Litiaation EXDenses, In any litigation (including any arbitration or bankruptcy proceedings) arising from this Proposal or any loan document, the Bank shalf be entitled to recover and receive its reasonable attorneys' fees and costs, including those for any appeal, and said amount shal' be secured by the Collateral securing the Loan if a loan Closing has been held 13. Resolution of DisDutes. If any dispute arises under the Commitment, the Loan, any loan document, or any other aspect of any transaction between the Bank and Borrower, whether or not specifically relating to any loan document, said dispute or any law suit which may arise involving the Commitment the loan. any loan document, or any other aspect of any transaction between the Ba1k and Borrower the exclusive venue for any action shall be in Orange County, Florida. 14. Waiver of JUry Trial. If any lawsuit arises under this Commitment, the Loan. any loan document, or any other aspect of any transaction between the Bank and Borrower, each party expressly waives any right to a jury trial. This provision applies only to a lawsuit and does not waive the right of the Bank to require arbitration as set forth in the preceding paragraph. Unless extended by the Bank in writing, this Commitment shall expire at the close of business on October 15 2008. This Proposal is not assignable. If the terms and conditions set forth herein are acceptable to you please so indicate by having the enclosed duplicate copy executed and returned to me together with a check in the amount of $2,500. This amount represents a non-refundable fee, which will be credited against the closing costs at the time of closing. Otherwise, thiS Commitment shall become null and void If you have any questions with regard to the foregoing, please do not hesitate to call me at (772) 600.3764 I iook forward to working with you Best regards, ~ -ky " 5 'ASI NATIONAL BANK & TRUST Acceptecl and Agreed to this _ day of ,2008: . " BORROWER: -_.- By: Title: Oct 09 08 07:55a Wooster 561-369-5803 p.6 Page 5 ACCEPTANCE AND JOINDER BY GUARANTOR(S) The undersigned does hereby accept this Proposal this ~ day of OCr ,2008. a'S' tlJom-A -~. - ~ . ~ooster, l~diViduallY ~~C~ b Malinda Wooster, Individually Gloria J. Hunt ./ ~---- ~ . -,;'-- DRAFT ADDENDUM TO CONTRACT FOR PURCHASE AND SALE AGREEMENT THIS ADDENDUM to Contract for Purchase and Sale is made as of the day it Is executed by both THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part '", ofthe Florida Statutes (hereafter "Seller") and OCEAN BREEZE, LLC, a Florida limited liability (hereafter "Seller"). The Purchase and Sale Agreement between Seller and Purchaser dated January 24, 2008 (the "Contract") Is hereby modified as follows: Section 1. Sale and Purchase. The second paragraph in subsection (b) is hereby deleted and substituted with the following provision: The Land is herein collectively referred to as the .Property." It is agreed and understood that prior to the first Closing (hereinafter defined), Purchaser shall, at its expense engage the services of an engineering firm and other land use professionals to create a plan (the "Master Plan") for the subdivision of the Land into approximately 30 single family residential lots (individually hereinafter referred to as a "Lot" and collectively as "Lots"), together with roads, draina~e snstems, common areas and other common infrastructure (the "Common Areas" . A I the improvements installed or built by Purchaser in the Common Areas shall be referred to as "General Improvements." The Lots shall be collectively referred to as the "Property:' The Property shall be conveyed to Purchaser in groups of one (1) or more Lots identified by Purchaser in accordance with the terms of this Agreement. The Land shall be conveyed free and clear of all liens, claims, and encumbrances except for taxes forthe year of closing and easements and restrictions of record, provided such easements and restrictions do not adversely affect Purchaser's ability to develop and construct an affordable single family housing project and General Improvements (the UProject"), Section 2. Purchase Price. The preamble to Section 2 and subparagraph (a.) are hereby deleted in their entirety and substituted with the following provisions: The total purchase price to be paid to the Seller by the Purchaser (the "Purchase Price") shall be Twenty Thousand Dollars ($20,000.00) per Lot, not to exceed Six Hundred Thousand Dollars ($600.000.00) for all of the Property, to be paid as fallows. a. The Purchaser shall, within one hundred and twenty (120) days fallowing, the granting of all requisite building and zoning governmental approvals for the Project (as determined by Purchaser in Purchaser's sole reasonable discretion) (the "Master Plan Approval"), and every one hundred and twenty (120) days thereafter, Identify by written notice to Seller the next group of Lots, on which Purchaser will close (the "Notice to Close"). The Lots shall be identified by the lot number assigned to each lot on the approved site plan. The Notice to Close shall include evidence of a deposit with Escrow Agent (hereinafter identified) of $2,000 for each Lot wh ich has been identified. The deposit shall be applied t6 the purchase price at closing. The balance fa the Purchase Price for each Lot shall be paid DRAFT at closing, Purchaser shall only be required to close on those Lots identified in each Notice to Close issued by Purchaser, Purchaser and Seller hereby agree that following the issuance of the first Notice to Close, Purchaser shall be required to issue either: (a) a Notice to Close to Seller at least every 120 days identifying 1 or more Lots, OR (b) a Notice to Close identifying 10 or more Lots during any 12 month period, on which it intends to close. Purchaser may continue to identify Lots on which it will close for a period of 36 months following the granting of the Master Plan Approval. Thereafter this Agreement shall terminate and, except as otherwise expressly setforth herein, all parties shall be released of all further obligations hereunder. Section 4, Inspection Period, Section 4, subparagraphs a, b, c and d are hereby deleted. Section 5. Contingencies. Section 5 is hereby deleted in their entirety and substituted with the following provisions: Creation of Homeowners Assistance Program Fund for Project. Seller agrees that at the closing of each Lot it shall instruct the Closing Agent to irrevocably transfer to the Escrow Agent a sum equal to $20,000.00 per lot for the sole purpose offunding a Homeowners Assistance Program ("HAP"}solely dedicated to the Project. The HAP shall provide financial assistance to qualified applicants to be applied towards the purchase price a sum of no less than $20,000.00 per residence, Section 6, Permits Approvals and Zoning Continqencies. All time period under Section 6 shall begin as ofthe date of the execution of this Addendum and not on the date the original agreement was executed. Section 7. Closing, Section 7, subparagraph (a) is hereby deleted in its entirety and substituted with the following provision: The closing ("Closing") of the sale of each Lot by Seller to Purchaser shall occur at a time and place designated by Purchaser within 30 days following the issuance of the Notice to Close, At closing documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. All ad valorem property taxes and unpaid assessments shall be prorated as of the closing date, DRAFT Section 8. Evidence of Title and Title Insurance Section 8, subparagraphs (a) through (d) are hereby deleted in their entirety and substituted with the following provision: a. Conditions otTitle. At Closing, the Property shall be delivered free and clear of all claims, liens, and encumbrances except for the matters set forth in the Owner's Title Insurance Commitment to be obtained by Purchaser, the exceptions for which have been approved by Purchaser (collectively, the "Permitted Exceptions"). Purchaser shall have fifteen (15~ days from the receipt of the Title insurance Commitment to object to any sue exceptions and, if no objection is received by Seller, such items shall be deemed "Permitted Exceptions". b. Preliminarv Title Commitment. Within thirty (30) days following the execution of this Addendum, Purchaser shall obtain, from a title agent selected by Purchaser, a Commitment for Title Insurance describing the Property(the "Title Commitment"). The Title Commitment shall provide that upon receipt of the standard seller's affidavit and receipt of a current survey, the Purchaser's title agent shall cause the title insurance company to delete at Closing the Schedule B-2, Exception 1, Exception 2, and the following Standard Exceptions: (I) rights or claims of parties in possession not shown by the public records, (Ii) easements or claims of easements, not shown by the public records, (Iii) encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises (provided the Purchaser provides a survey), and (Iv) any lien, or right to a lien for services, labor, or materials heretofore or hereafterfurnished, Imposed by law and not shown by the public records. If the survey shows any encroachments or similar matters which are acceptable to the Purchaser, exception may be made for same In the title insurance policy to be Issued pursuant to the Title Commitment after Closing. The title agent issuing the Title Commitment shall act as the closin~ agent for the sale of each lot. At closing Seller shall pay the cost of Purchaser s title policy at the minimum promulgated rate. . C. Survev. Within thirty (3D) days following the execution of this Addendum, the Purchaser will order a survey of the Property (the "Survey") to be timely made by a registered, professionar surveyor or engineer licensed to practice in the State of Florida and delivered to the Purchaser upon completion. Purchaser shall arrange for the surve~ obtained under this provisions of this Section to be certified to Seller, Purchaser, Se ler's title agent, and the title insurance company issuing any title insurance polley as required hereunder, all in such form as the Seller's title agent shall require. D. Title Defects and Cure. The Purchaser shall have twenty (20) days after receipt of the latter of the Title Commitment (together with copies of all recorded exceptions shown in Schedule 8-11 thereof) and the Survey within which to cause the Title Commitment and the Survey to be examined and to notify the Seller of any objections thereto. If the Title Commitment discloses liens, encumbrances, exceptions, objections or defects, or if the Survey discloses any encroachment, encumbrance or title defect (collectively, the "Defects"), said Defects shall, as a condition precedent to the Purchaser's obligation to close, be cured and removed by the Seller from the Property within 30 days following the receipt of notice from Purchaser ("Curative Period"). The Seller shall use due diligence and best efforts to remove or discharge all Defects, and, if the Seller is unable to remove, discharge or correct all Defects during the Curative Period, the Purchaser shall by written notice delivered to Seller within five (5~ days followin~ the Curative Period elect either to (I) terminate this Agreement or (Ii proceed to C ose by accepting title subject to such uncured Defects. Ifthe Purchaser shall elect to terminate this Agreement pursuant to this Section, thereafter this Agreement shall be null and void and of no further force or effect except for matters specifically stated herein to survive the termination hereof. If any Defects or other adverse matters arise between the effective date of the Title Commitment and the Closing of any of the lots, or between the date of the Survey DRAFT and the Closing, which render title unmarketable in the opinion ofthe Purchaser, then the Purchaser shall have the right to object to such matters in writing to the Seller and the Seller shall be required to cure the same in accordance with this Section; provided, however, that the Seller shall proceed immediately and diligently to cure such matters prior to Closing. Section 9. Survey Section 9 is hereby deleted in its entirety. Section 26, General Improvements The following shall be added as a new Section 26: The parties hereby acknowledge that in anticipation of completing the Project and Closing on all the Lots, Purchaser shall invest substantial resources and capital into the design and construction of the General Improvements. As consideration of the increase in the value of the Property attributable to the General Improvements, the parties hereby agree that the Purchaser shall be entitled to a full reimbursement (the "Infrastructure Reimbursement")ofall funds paid by Purchaserfor the design, development, approval and construction ofthe General Improvements, in a sum not to exceed Four Hundred and Fifty Thousand Dollars ($450,000.00), Purchaser shall provide to Seller a monthly accounting of all expenditures associated with the General Improvements. The Infrastructure Reimbursement shall be due and payable to Purchaser upon the earlier of; (1) 36 months following the granting of the Master Plan Approval; or (2) within 30 days following the termination ofthis Agreement for any reason whatsoever. The sum due to Purchaser as a Infrastructure Reimbursement shall be divided by the total numberof Lots In the Project to determine a per lot credit (the "Per Lot Credit"), The Per Lot Credit shall then be multiplied by the number of Lots on which Purchaser actually closes pursuant to the agreement of this calculation and the product shall be reduced from the amount due to Purchaser as a Infrastructure Reimbursement. The Infrastructure Reimbursement shall be paid to Purchaser within twenty (20) days from the date it first becomes due and thereafter shall accrue interest at the then current statutory judgment rate. Section 27. Home Owners Association, Th parties shall jointly create a Home Owner's Association (the "HOA") to maintain the common areas within the Project. Upon completion ofthe General improvements, Seller shall transfer title to the Common Areas to the HOA. Except as otherwise set forth herein the term ofthe Contract shall remain unchanged. In the event of a conflict between the terms of the Contract and this Addendum, the terms of this Addendum shall control. [Signature Page Attached] DRAFT IN WITNESS WHEREOF the parties have executed this Agreement on the date appearing by their signatures. Witnesses as to Purchaser: PURCHASER: OCEAN BREEZE, lLC, a Florida limited liability company By: Print Name: Title: Date: Witnesses as to Seller: SELLER THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, ofthe Florida Statutes By: Print Name Title: Date: XI. OLD BUSINESS: F. Update on SE Federal Hwy. Corridor Water Main, Storm Water & Roadway Improvement Project (4th Street Utility Project) ~~~ctY~T2~CRA ill East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: October 14,2008 I I Consent Agenda IX I Old Business I I New Business I I Legal I I Other I SUBJECT: SE Federal Hwy. Corridor Water Main, Storm Water & Roadway Improvement Project (4th Street Utility Project) SUMMARY: . February 7,2006, the City and CRA entered into an Interlocal Agreement for the purpose of sharing the cost of various improvements along the SE 4th Street Corridor (ILA attached), . The project area was from SE 2nd Avenue to SE 1 ih Avenue . The following improvements were envisioned for the project: 1.) Potable water main to deliver adequate fire flow to the redevelopment area 2.) Sanitary sewer improvements 3.) Storm drainage improvements 4.) Roadway improvements: on-street parking & raised center medians 5.) Relocating utility poles 6.) Lighting improvements 7.) Landscaping 8.) Placing all above-ground utility wires in underground conduits The above-referenced improvements were conceptual at the time of execution of the I LA. Since that time, the cost and/or ability to undertake some of the improvements caused them to be eliminated from the project scope, Such as: . undergrounding utility lines, . relocating/replacing FPL utility poles . sanitary sewer lines have been repaired by installation of a lining system-no excavation needed An addition to the scope of the ILA is: . ~.,- . inclusion of a 12-inch reclaimed water main (per the ILA, the CRA is not sharing in the cost of this item and the City is eligible for grant funds for this portion of the project) This project is back for Board review due to the fact that in 2006 the real estate market was strong and several large scale projects were approved to be built along 4th Street. Originally, it was the intent of the CRA to pass these infrastructure costs onto the developers as incentives or a TIF agreement. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\SE4thStreetUpdate-Lisa.doc '''.~ '/, , ~,~CfY~T8~ eRA IIIi East Side-West Side-Seaside Renaissance City and CRA staff having been working together to develop options for the Board to consider. Attached is a comprehensive analysis of the project and potential associated costs. FISCAL IMPACT: Under the existing ILA - $1.123M. . The CRA received a commitment letter from Palm Beach County Commissioner McCarty for $300,000 to cover streetscape elements. . The CRA Board deferred $823,000 from FY08-09 Budget to be paid in 2010 to cover 4th Street expenses. . At the CRA's Budget Discussion, the City Manager confirmed the $823,000 can be carried by the City until 2010. CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS: The Board may elect to take one of the following actions: 1. Maintain the existing ILA and current level of funding of $1.123M 2. Rescind the existing ILA. 3. Rescind the existing ILA and enter into a new ILA to change the scope of the project to include options 1 -8 which would make the CRA's financial participation $2.2 M. ~~- Ivian L. Brooks Assistant Director ~ T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2008 - 2009 Board Meetingsl09 10-14-2008 MeetingISE4thStreetUpdate-Lisa.doc SE 4TH Street Construction Cost Options Option Potential Grant Net Outlay No. Description Cost Funds After Grants eRA Share City Share Notes 1 No Construction $0 $0 $0 $0 $0 Reclaimed water line is partially 2 Construct only reclaimed water line $614,158 $245,663 $368,495 $0 $368,495 grant-funded if completed by 8/15/09 Potable water line is required to 3 Construct only reclaimed water and potable $1,872,108 $245,663 $1,626,445 $599,803 $1,272,306 meet fire-flow needs for this area to water lines re-develop. Recommend CRA fund 50% of potable water line Construct all water, stormwater, sewer laterals, Stormwater system is grant-eligible 4 sidewalks, curbs, medians, pavement and $4,750,952 $995,663 $3,755,288 $1,123,000 $3,718,802 conduits for future Iiohting if constructed by 2010 5 Option 4 plus center median lights $5,268,887 $995,663 $4,273,223 $1,686,850 $3,582,037 Lights will be owned and maintained bv the City or CRA 6 Option 5 plus center median landscaping $5,418,887 $995,663 $4,423,224 $1,836,850 $3,582,037 Landscaping estimated at $150,000 7 Option 6 plus relocation of all FPL poles, and $5,744,887 $995,663 $4,749,224 $2,162,850 $3,582,037 Relocation of power poles could change to concrete result in a 1-vear delav Additional cost to expand construction from SE Estimate does not include water, 2nd Ave. to Ocean Ave.- including landscaping reclaimed, or stormwater 8 in center median and along west side only; $300,000 $0 $300,000 TBD TBD improvements - Cost sharing center median lights; replacement of FPL poles, percentage for these surface and new sidewalk along west side. improvements to be determined * 9 Maximum Potential Funding by Source $6,044,887 $2,162,850 $3,582,037 * eRA revised cost Sharing 10/9/2008 . , . ~,. . " ~ '" ~ 1 ---- 4 ~ .. - I :~~ ,. zr / ..t_. ' ~ '1 ,. - ..",1\;,. . :~, i - - ' " -"--~..- t - - ~ . , I .. -',. -""."" ..<.... .-,. ; ? l ' i i \ 1 ~\ 1 i_ .. 'j -r - ""' . .1 Lt= ... t 1 I I . I ~", : - .. I ..t. . i - -'-----:-- .'" i ' , , . ~----"-r- i I - j~ ;, 'I' .. ,! [! ' I Ie I . ~ " I ! ; w ,- ~ i , I. _ . I I r- '", - , --' 3 i -.... ! i I \ I . '1 , .\' i , , ,I'" ;r -' -- ,. Ii , .- iii, " !- ~+.Ci BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida By:y~~~d",'r /1 eanne Heavilin, Chair Page 90f9 DNT:dnt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA Interlocal (SE4th Street) (I0-0S).doc CITY: Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Copy To: James A. Cherof, Office of the City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 CRA: Lisa A. Bright, Interim Executive Director Boynton Beach CRA 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 Copy To: Kenneth G, Spillias, Esquire Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 Section 17. INTERPRETATION 17.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Frida By: ATTEST: I. Page 8 of9 DNT:dnt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA InterlocaJ (SE4th Street) (IO-OS).doc Section 13. ENTIRE AGREEMENT 13,01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 14. SEVERABILITY 14,01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 1 S. CONTRACT ADMINISTRATORS 15,01 The Contract Administrators for each party shall be as follows: CITY: Kofi Boateng, Utilities Director City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Telephone (561) 742- 6401 Facsimile (954) 742-6298 CRA: Lisa A. Bright, Interim Executive Director Boynton Beach CRA 639 E, Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Telephone (561) 737-3256 Facsimile (561) 737-3258 Section 16. NOTICES 16,01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. Page 70f9 DNT:dnt S:\CA\CRA\CRA Interlocal (SE4th Street) (1O-05).doc Section 8. ASSIGNMENT 8,01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 9. TERNDNATIONIDEFAULT 9.01 Prior to the Boynton Beach City Commission approving a contract for the construction of the Project, this Agreement may be terminated by either party upon thirty (30) calendar days written notice. 9.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights, No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein, This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Section 10. COMPLIANCE WITH LAWS 10.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable, Section 11. VENUE 11.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County. Florida, or. if in federal court, in the United States District Court for the Southern District of Florida. Section 12. GOVERNING LAW 12.01 The validity. construction and effect of this Agreement shall be governed by the laws of the State of Florida. Page 6 of9 DNT:c1nt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA Interlocal (SE4th Street) (1O-0S).doc improperly failed to make timely payment due to CRA's improper failure to comply with its payment obligations pursuant to this Agreement. Section 6. INDEMNIFICATION, SOVEREIGN IMMUNITY, and INSURANCE 6.01 Without waiver of limitation as per Section 768,28(5), Florida Statutes, and to the extent permitted by law, the CITY and CRA agree to indemnify and hold harmless each other from any claims, losses, demand, cause of action or liability of whatsoever kind or nature that the CITY or CRA, or either party's agents or employees mayor could incur as a result of or emanating out of the terms and conditions contained in this Agreement, that result from CITY's or CRA's or any consultant's or contractor's negligence or willful conduct (or that of their respective agents or employees) or from breach of this Agreement. 6.02 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager and with the CRA's Controller, respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior written notice has been given to the other party. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published 6.03 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager and with the CRA's Controller, respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior written notice has been given to the other party, Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. Section 7. RECORDS 7,01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Project. Page 5 of9 DNT:dnt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA Interlocal (SE4th Street) (IO.05).doc Attn: Finance Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425. In the event of any dispute between the CITY and consultant(s) or contractor(s) over the right to receive all or any payments under the contract(s), the CRA shall comply with the direction of the CITY and shall be indemnified by the CITY as set forth in Section 6 below, Section 4. DUTIES AND RESPONSIBILITIES OF CITY 4.01 CITY shall be responsible for preparing contract documents, advertising for bids for the Project, selecting the contractor to construct the Project, supervising the Project, and insuring completion of the Project in accordance with the description of the Project as contained in Exhibit "B" which is attached hereto and incorporated herein by reference. The CITY shall provide the CRA with copies of all executed contracts in connection with the Project and shall keep the CRA regularly informed as to its progress. 4.02 CITY will make available appropriate staff to work with CRA staff in the planning and construction of the Project. It is further understood and agreed that, nothwithstanding the CRA's participation in the planning of the Project and providing assistance in overseeing the construction of the Project, the CITY retains all responsibility for compliance with the terms and provisions of the various design and construction contracts as the Project moves forward and for enforcement of the various contracts' terms as against the consultant(s) and contractor(s), 4.03 CITY will make all payments it is responsible for making in connection with the Project in a timely manner and will hold CRA harmless and will defend CRA against any claims by any consultant(s) or contractor(s) that CITY has improperly failed to make required payments under any Project contract(s), except insofar as any failure to make timely payment is due to CRA's failure to comply with its payment obligations pursuant to this Agreement. Section 5. DUTIES AND RESPONSIBILITIES OF eRA 5.01 CRA will make available appropriate staff to work with CITY staff in the planning and construction of the Project. 5.02 When requested, CRA shall provide CITY with documentation in its possession, including, but not limited to maps, surveys, and photographs in order to assist with the design and construction of the Project. Nothing contained herein shall require CRA to create documentation it does not presently possess unless agreed to by the parties in writing and included as an addendum to this Agreement. 5.03 CRA will make all payments it is responsible for making in connection with the Project and as set forth herein in a timely manner and will hold CITY harmless and will defend CITY against any claims made by any consultant(s) or contractor(s) that CITY has Page 40f9 DNT:dnt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA Interlocal (SE4th Street) (1O-05).doc Table 1: Revised Engineering Cost Sharing for Amendment 1: Task City Share CRA Share Total Survey $ 0 $ 3,000 $ 3,000 Geotechnical 0 3,000 3,000 Design 103,955 103,955 Permitting 2,565 2,565 5,130 Construction Services 137,323 34,331 171,654 Electrical Subconsultant 60,534 60,534 Expenses 5.865 1.466 7.331 I Total $145,753 $208,851 $354,604 Contingency 7.288 10.443 17.731 Total with Contingency $153,041 $219,294 $372,335 Table 2: Revised Estimated Construction Cost Sharing for Amendment 1: Item City Share CRA Share I!!!!! Roadway & Surface Imprve. $ 397,000 $ 250,000 $ 647,500 Stormwater & Irrigation 336,000 500,000 836,000 Water 210,000 5,000 215,000 Power Poles 0 200,000 200,000 FP&L Costs 0 TBD TBD Lighting 0 536.000 536.000 Total 943,500 1,491,000 2,434,500 Contingency 94.350 149.100 243.450 I Total with Contingency $1,037,850 $1,640,100 $2,677,950 I I The Parties agree to work in a cooperative manner to finalize the actual costs of engineering and construction, and shall execute a written amendment to this Agreement to provide for an updated cost sharing arrangement for the engineering and construction costs, if necessary. 3.02 Upon completion of portions of the Project, CRA shall pay CITY the CRA's share of the costs of engineering and construction. Payments shall be made according to a schedule of payments set forth in the contract(s) entered into by the CITY and upon written certification with supporting documentation by the CITY, that the task or tasks required ofthe consultant(s) and contractor(s), as appropriate, for the requested progress payments have been successfully completed. Payments shall be made by the CRA no later than fourteen (14) days after receipt of an invoice and the supporting documentation from the CITY. Said payments will be made payable to the City of Boynton Beach and mailed to Page 3 of9 DNT:dnt S:\CA\CRA\CRA Interlocal (SE4th Street) (lO-OS).doc Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or authorities which each such Governmental Unit shares in common and which each might exercise separately, permitting the Governmental Units to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such Governmental Units; and WHEREAS, this lnterlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the lnterlocal Cooperation Act; and WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. RECITALS 1.01 The above recitals are tru~ and correct and are incorporated herein. Section 2. TERM OF AGREEMENT 2.01 This Agreement shall be effective upon the approval of both parties and shall terminate at the conclusion of the Project. This Agreement may be terminated pursuant to Section 9 of this Agreement. 2.02 At the conclusion of the Project, the Parties acknowledge and agree that the CITY shall own, and be responsible for the maintenance and liability associated with the Improvements. Section 3. COMPENSATION 3.01 The Parties agree that the cost for the Project shall be shared by the Parties in accordance with the terms of this Agreement. The cost of the Project includes all architectural, engineering, construction, and consulting fees associated with the planning, construction, and completion of the Project. The estimated costs, and cost sharing for the engineering and construction of the Project shall be as follows: Page 2 of9 DNT:dnt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA Interlocal (SE4th Street) (IO-05).doc INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE INSTALLATION OF A PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET Ud~> THIS AGREEMENT, made and entered into on the_ 7'-#) day of t=i t5~1A..tlIt.1 ~ by and between: CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") AND CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 (hereinafter referred to as "CRA ") WIT N E SSE T H: WHEREAS, CITY AND CRA (the "Parties") desire to install public improvements, including, but not limited to on-street parking, sidewalks, stormwater drainage, streetlights, water, and landscaping within the right of way for Southeast 4th Street from Southeast 12th Avenue to Southeast 2nd Avenue (the "Improvements"), which public improvements are located within the boundaries of the CRA; and WHEREAS, the Parties have negotiated and desire to enter into an Interlocal Agreement ("Agreement") for the Parties to share in the cost of design, installation, and construction of the Improvements (the "Project"); and WHEREAS, the Improvements are to be designed, installed and constructed pursuant to Amendment No. 1 to Task Order No. U04-16-02 with PBS&J ("Amendment I") which is attached hereto as Exhibit A; and WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of the citizens and residents of both cities to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "lnterlocal Cooperation Act"), permits the Governmental Units, as public agencies under the Interlocal Page 1 of9 DNT:dnt C:\Documents and Settings\brooksv\ Vivian _ shares\SE4th Street\CRA Interlocal (SE4th Street) (I0-05).doc .. I i I 1 ! Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby approve the Interlocal Agreement between the City of Boynton Beach and the Boynton 3 Beach Community Redevelopment Agency to provide for the installation of public 4 improvements on Southeast 4th Street, a copy of said Agreement is attached hereto as Exhibit 5 "A". 6 Section 3, That this Resolution shall become effective immediately upon passage. 7 PASSED AND ADOPTED this 7..;1, day of February. 2006. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 i~~ :~ I-Mar 7 14 15 16 17 18 ommission~ ~~ ~t4rUt/~ ~~ ), CO:,,"SSioner~ 23 /~G- 24 Commissioner 25 A1rCEST: ~ · 26 . ';7/' ..~ / . :.. v',./ .'L . 27~~t//l.tt(~/ / " - /L:~~ 28 CIty Clerk . / .- ./ 29 . ~ . 31 (Corporate Seal) 32 33 S;\CA\RESO\Agreements\lntcrlocals\ILA with CRA SE 4TH STREET.doc ,. r 1 2 RESOLUTION NO. R06- ~'-i-O 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE BOYNTON BEACH COMMUNITY 9 REDEVELOPMENT AGENCY TO PROVIDE FOR THE 10 INSTALLATION OF PUBLIC IMPROVEMENTS ON 11 SOUTHEAST 4TH STREET; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the City and CRA desire to install public improvements, including but 16 not limited to on-street parking, sidewalks, stormwater drainage, streetlights, water and 17 landscaping within the right of way for Southeast 4th Street from Southeast I th which 18 improvements are located with the boundaries of the CRA; and 19 WHEREAS, the City and the CRA have negotiated and desire to enter into an 20 Interlocal Agreement to share in the cost of design, installation and construction of the 21 improvements; and 22 WHEREAS, the City Commission of the City of Boynton Beach, upon 23 recommendation of staff, deems it to be in the best interests ofthe residents and citizens of the 24 City of Boynton Beach to approve the Agreement between the City of Boynton Beach and 25 Boynton Beach Community Redevelopment Agency to provide for the installation of public 26 improvements on Southeast 4th Street 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1, Each Whereas clause set forth above is true and correct and 30 incorporated herein by this reference, S:ICA\RESO\AgreementsllnterlocalsllLA with CRA SE 4TH STREET. doc (. ~ ~ Cl.- ef) 0 0 N r. ~ ~ \0- m .D 0 t) 0 i I 4i " , C ; . /;.~ . . 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"V \ i , \ \ i I ~ ',' ! .' \ r-r r ',,' , \ .,' j- '!-'v'Jf. r ' -) ~ C\ t I \ ,if \ .....'-; (~.~~.~. :-~~. .r.;~ ~ "\ .j;. t ;' ',,'\; '. ~." \) , . I' I .J \j\, \ ~,-\"~ ;",- '; < l i I , I . , i , , i \ \' ! ' ! t I It .1 <::. I 1 ~l~. \ , ,,.f~ ' \ ,/'i', \ .~" " j ~ \ I~~ I ,\\ ~ (\ I r,i!i \ ! ,- \ J/ ' I t' j // ., " " , i . 'J .... :; /.: f i, I :r'~'; I ' -r-{ j: J. /' · i ti : ; i 'I jl ; ;" ' J, - !, , , . I .; , ' , t.: t: ! - I ,"'! \':', I , "~ "I i \ , 0, e>,)! ,'1 '; , ,/ , '.. ,- II .. , " 'l " ;, ;", \, J,. ,I 11 '! !. ;! 'I ~ I i I' i I. I ~, j'! :'; ~ :. I" .. , ! j ',\. i ~ , .'.r-- "4., n, ' 'J l' -.., ' ! .~ J ) 4" \ ',d:\(; ; /f j;!~r-2~: -.. " , , I, " >; 'xJ) " , ({ '; '.., "~I , t. ~ \ , . , ) ! f Ii-P.' 'I i J , 1 \ I ~~ ,._,,-.. \ , " f I I , , t , !', J \ r _ , , .1, i c. ' .- \ .1 1 \.;" I I ;! J /, \ " ,. I ,-~ -'-" / \ y//// ,/ , .,/" ~~/ ~ ' / i c:( cXS 0 ~7t \::::7 \ ) \.. . ',,--,;,~ -C-? XI. OLD BUSINESS: G. Consideration of Proceeding with Sale of Liquor License Owned by the CRA .... ~v ~.., ~' '. .~' ("', " ~~~~Y~T2~ eRA iIIIi East Side~ West Side~ Seaside Renaissance eRA BOARD MEETING OF: October 14, 2008 I I Consent Agenda IX I Old Business I I New Business I I Legal I I Other I SUBJECT: Consideration of Proceeding with Sale of Liquor License Owned by the CRA SUMMARY: On July 22, 2008, the CRA purchased the adult entertainment and liquor licenses from the owners of Platinum Gold at 3675 S. Federal Highway. The intent of the purchase was to remove a nuisance business and to prevent a similar business from reopening on the same site, The CRA has until June 2009 to either sell or activate the liquor license. Staff has contacted three of the most active commercial business brokers who specialize in bar and restaurant sales and leases to determine the cost to the CRA to sell the license, All three gave similar percentage price quotes. FISCAL IMP ACT: The CRA may realize $90,000 - $150,000 for the license less the broker fee. CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS: Staff recommends selecting the Prakas Group to sell the license based on their extensive experience in the South Florida restaurant/bar area. c(~ Vivian L. Brooks ~. Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\liquor license sale. doc 09/132/2008 16:08 56168152er? DIVISION OF ?\BTAl,COH PAGE 111 i U1 Ronda DepaTtment~ f-"'lslon of A1cohollo 13everages and Tob9~ B'uslnesl:~ ' Bureal,l of Ucensing / Sus<Jn Doherty, CtllBf Professl ~'al 1940 North MonroD Street Regulation TallahasSe~r Florida 32390-1021 Phone: 650.486.6&84' Fax: 660.921.7eoo - Chuck Drago, Interim Secret~ry Charlie) Crist, Governor July 24, 2008 Boytnon Beaoh Community Relfl~"e{opment Agency clo Lisa A. Bright,. Executive DIi'Elotor 915 S. Federal Hwy " Boynton Beach, Florida 33435 ~E: BOYNTON BEAC~H .COMMUNITY REDEVELOPMENT AGENCY DIB/A: BOYNTON aEA(~H COMMUNITY REDEVELOPMENT"AGENCY LICENSE#: 60..00711 4COP Dear Sir or Madam: This will ackl10wledge receipt o~ your request to transfer and place the above referenced alcoholic bev.eraga license in an Inactive .escrow status with the Division of Alcohollo Beverages and Tobacco. , The Division is pleased to advlE-Ci1 that your request to place this license in an Inactive escrow , status is hereby approved. Unrhar Florida l-aw your license must be active for a total of 210 days between January 17, 2009' and January 1a, 2010. Please bear In mind you are exoeoted to activate this license no later than June 16, ~OO9. Fall4re to comp'ly is a violation t,'f 561.29(1 }(I), Florida Statutes; which could result In administrative Charges being fil;Jd against the license, ' The DMslon may. waive or extend the requirement to aotlvate thIs license for good and sufficient cause. If for any reason the IIcul,se will not be activated timely, you are urged to notify the Olvlslon ImmedIately in writing in order to 'request an extension glvlhg the rea~on and prOViding documentation verifying the t'oa$On the license cannot be activated. Requests will be revIewed and the licensee notlf Eld. accordingly. If there should be any questlon:~. ple~se feel free to contact this office 'or the local DiviSion offIce serving your area. LAW/vlg c:c: West Palm Beach District Office LI(:E:Nse EFFlOl5NTL Y. R~GULATe FAIR!.. y, WWW,MYFlORIDAI.ICENSE.COM Page I of2 From: Tom Prakas [tprakas@prakasgroup.eom] Sent: Friday, September 19,2008 10:33 AM 'To: Simon, Michael .Jubject: RE: Proposal Request Attachments: imageOO1.jpg 1 ). Current estimated value of the license: 1 00 - 11 Ok 2). Costs/Broker fees associated with the listing: 10% or min 1 Ok 3). Proposed duration of the listing agreement: 6 months 4), Proposed marketing strategy: We are South Florida's largest Restaurant/ Hospitality brokerage and handle more sales and lease than any other brokerage in South Florida, We are on over 9 websites and are the premier partner with Florida Restaurant Lodging Associates and manage their website and sales site. We advertise in all local publications and have a powerful website (www,PrakasGroup.com) that relieves over 150,000 hits per month all from prospective restaurant/ hospitality operators. 5). Estimated time on the market: No one knows but priced correctly (lOOk :t) it should sell quickly, 30 - 60 days. Any questions please feel free to contact me directly at 561.929,0111 Regards, ~ ------ A, Tom Prakas President / Broker 703-705 E. Palmetto Park Rd. Boca Raton, FL 33432 Office: 561-368-0003 Cell: 561-929-0111 Fax: 561-368-4303 Email: tprakas@prakasgroup.com Website: WWWJ1~asgroup,com ,,_. .-. ....-...- From: Simon, Michael [mailto:SimonM@ci.boynton-beach.fl.us] Sent: Thursday, September 18, 2008 10:37 AM To: tprakas@prakasgroup.com Cc: Bright, Lisa; Brooks, Vivian Subject: Proposal Request ". September 18, 2008 Good Morning Mr. Prakas: The Boynton Beach Community Redevelopment Agency (CRA) has recently acquired a 4COP alcoholic beverage license which we have placed in an inactive status with the Florida Department of Professional Regulation's Division of Alcoholic ~everages and Tobacco. I have attached a copy of our status letter for your review. The CRA is currently interested in lacing this license on the market available for purchase. file://T:\DEVELOPMENT\A1coholie Bev Lie-Strip Club\Listing Proposal- Prakas Group.htm 1017/2008 III Ie" it The CRA would like to request a bid proposal from your firm to assist the agency as listing/selling agent for this license, Please include in your proposal the following considerations: 1). Current estimated value of the license 2), Costs/Broker fees associated with the listing 3), Proposed duration of the listing agreement 4). Proposed marketing strategy 5), Estimated time on the market The CRA would like to receive your proposal by 3pm, Friday, September 26, 2008, The CRA will review any and all proposals and select a firm as soon as is feasible. If you have any questions or need any additional information, please do not hesitate to contact me, Thank you for your interest and attention to this matter. Respectfu IIy, Michael Simon Development Manager Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(561) 737-3258 file://T:\DEVELOPMENT\Alcoholic Bev Lic-StriD Club\Listinl! ProDosal- Prakas GrouD.htrn 10/7/2008 Listing of Liquor Lic - Americas Realty proposal From: jimtraina@comcast.net Sent: Thursday, september 25, 2008 2:28 PM To: simon, Michael cc: rlackeyco@msn.com subject: Fw: proposal Request Attachments: Fw: proposal Request Hello Mr. simon, I am Jim Traina Owner and Broker of Americas Realth, Inc. Richard Lacke, asked me to contact you regarding t e sale of the liquor license. I have been sel ing licenses and restaurants for over 20 ,ears. Richard would like me to market the license (we would work to~ether on the sa e). One ~ust sold for $115,000. I would feel comfortable listlng it for $115,000. we c arge a 10% commission for the sale paid by the seller at closing. We would ask for a 6 month listing agreement. I advertise in Nations Restaurant News, and we are members of the Florida Restaurant and Lodging Association. we are also members of the Realtors Association of The palm Beaches, the Realtor~ commercial Alliance and the Business Brokers of Florida. I feel we can be successful in the sale of the license. If you have any questions please call me. Thank you, Jim Traina Americas Realty, Inc. serving The Entire State of Florida phone Numbers: Stuart: 772-223-7003 Boca Raton: 561-994-5366 Key Largo: 305-453-4747 Sarasota: 941-343-3067 cell: 561-441-7441 Fax: 561-892-0201 http://www.FloridaBusinessBrokers.net JimTraina@comcast.net http://www.JimTraina.com http://www.FloridaBroker,org http://www.FloridasBrokers,com http://www.FloridaRestaurants.org http://www.Floridasiteselection.com http://www.AmericasRealtyonline.com http://www.FloridaRestaurantsales.com http://www.FloridaCommercialRealtors.com -------------- Forwarded Message: -------------- ". From: "Richard Lackey" <rlackeyco@msn.com> To: "Jim Traina" <jimtraina@comcast.net> subject: Fw: proposal Request Date: Thu, 25 Sep 2008 01:30:53 +0000 > Jim, > > Once you've reviewed the form --- please give me a call! > > > Richard > ----- original Message ----- > From: simon, Michael<mailto:simonM@ci.boynton-beach.fl.us> Page 1 Listing of Liquor Lie Americas Realty proposal > To: rlackeyco@msn.com<mailto:rlackeyco@msn.com> > Sent: Thursday, september 18, 2008 10:4] AM > subject: proposal Request > > > september 18, 2008 > > > > > > Good Morning Mr, Lackey: > > > > The Bo,nton Beach community Redevelohment Agenc, cCRA) has recently acquired a > 4COP a coholic beverage license whic we have p aced in an inactive status with > the Florida Department of Professional Regulation's Division of Alcoholic > Beverages and Tobacco. I have attached a cop, of our status letter for your > review. The CRA is currently interested in p acing this license on the market > available for purchase. > > > > The CRA would like to request a bid proposal from your firm to assist the agency > as listing/selling a~ent for this license, please include in your proposal the > following consideratlons: > > > > 1) . Current estimated value of the license > > 2) . Costs/Broker fees associated with the listing > > 3) . proposed duration of the listing agreement > > 4) , proposed marketing strategy > > 5) . Estimated time on the market > > > > > > > > The CRA would like to receive ,our proposal by 3pm, Friday, september 26, 2008. > The CRA will review any and al proposals and select a firm as soon as is > feasible. > > > > If you have any questions or need any additional information, please do not > hesitate to contact me. > > > > Thank you for your interest and attention to this matter. > > > > Respectfully, > Page 2 Listing of Liquor Lic - Americas Realty proposal > > > > > Michael Simon > > Development Manager > > Boynton Beach eRA > > 915 S. Federal Highway > > Boynton Beach, FL 33435 > > off-(561) 737-3256 > > Fax-(561) 737-3258 > > > , page 3 Simon, Michael From: Simon, Michael Sent: Thursday, September 25,20083:33 PM To: 'hopmtgpro@aol.com' Subject: FW: Proposal Request Attachments: 4cop alcoholic beverag lie Itr1.pdf Michael Simon Development Manager Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(561) 737-3258 From: Simon, Michael Sent: Thursday, September 18, 2008 10:37 AM To: 'hopmtgpro@aol.com' Cc: Bright, Lisa; Brooks, Vivian Subject: Proposal Request September 18, 2008 Good Morning Mr. Kennemer: The Boynton Beach Community Redevelopment Agency (CRA) has recently acquired a 4COP alcoholic beverage license which we have placed in an inactive status with the Florida Department of Professional Regulation1s Division of Alcoholic Beverages and Tobacco, I have attached a copy of our status letter for your review. The CRA is currently interested in placing this license on the market available for purchase. The CRA would like to request a bid proposal from your firm to assist the agency as listing/selling agent for this license. Please include in your proposal the following considerations: 1). Current estimated value of the license 2). Costs/Broker fees associated with the listing 3), Proposed duration of the listing agreement 4). Proposed marketing strategy 5). Estimated time on the market The CRA would like to receive your proposal by 3pm, Friday, September 26, 2008, The CRA will review any and all proposals and select a firm as soon as is feasible. If you have any questions or need any additional information, please do not hesitate to contact me. Thank you for your interest and attention to this matter. Respectfu Ily, 1017/2008 Page 2 of2 Michael Simon Development Manager oynton Beach eRA ~15 S, Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(561) 737-3258 ,- 10/7/2008 R. J. CUNNINGHAM Be AssoC., P.A. 100 NE 5TH AVENUE, SUITE B-1, DELRAY BEACH, FL 33483 PH: 561.243.2125 FX: 561.243.21 26 September 26, 2008 Mr. Michael Simon Development Manager Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 RE: Bid Proposal for Listing of 4COP Alcoholic Beverage License Disposition Dear Mr. Simon: Thank you for requesting a bid proposal from our firm. R.J. Cunningham & Assoc. (RJC) is a local real estate firm primarily specializing in commercial real estate brokerage, leasing and property management in the Boynton Beach and Delray Beach market place. We currently manage and lease over 52,000 square feet retail and office space in the City of Boynton Beach. Additionally, RJC is involved in the brokerage of businesses and has experience in the restaurant and bar industry. Our proposal for the disposition of the CRA's 4COP Alcoholic Beverage License is as follows. We believe the asking price should be set at $125,000.00. We would ask for an exclusive listing agreement for a minimum of 6 months with a total commission of 10.0%. We believe the marketing, negotiating and closing process will take between 3 to 6 months. Our approach to the marketing process will include directed mail, targeted buyer contact, available listing services and mass advertising. Finally, we offer the ability to assistance with any financing needs a Buyer may have. This assignment will be handled internally by Hop Kennemer, Steve Parrott and our principal Bob Cunningham; a longtime Boynton resident offering over 50 years of combined brokerage experience. Thank again for your request and should you have any questions or require any additional information please do not hesitate to contact me directly at 561-441-0965. Sincerely, Hop Kennemer MEMORANDUM TO: Michael Simon, Development M FROM: D.J. Doody, CRA Attorney CC: James A. Cherof, CRA Attorn y - RE: Boynton Beach CRA! Liquor License DATE: October 8, 2008 The liquor license (60-00711 4COP) acquired by the Boynton Beach Community Redevelopment Agency ("CRA") from Southern Entertainment on July 15, 2008 is currently inactive having been placed in escrow with the Division of Alcoholic Beverages and Tobacco (the "Division"), In accordance with Section 561,29 (i)O) of the Florida Statutes the license must be activated for a period of 210 days or more during any 12 month period commencing six (6) months after the acquisition of the license. Therefore, the CRA must activate the license for a total of 210 days between January 17, 2009 and January 16, 2010. - Furthermore, the license must be activated no later than June 16, 2009, The failure to do so may result in the imposition of a fine by the Division. Anticipating that the CRA Board will want to sell the license, the Executive Director and her staff have contacted three firms to act as a sales agent on behalf of the CRA, If the Board authorizes the sale and transfer of the license to a bona fide purchaser for value, it may utilize the services for any of the three firms contacted by staff or it may solicit additional proposals, This matter should be brought to the Board's attention at the next Board meeting so that a determination can be made by the Board regarding the methodology to be used to effectuate the sale, The primary emphasis of staff and the Board should be to establish a "market value" of the liquor license held by the CRA. -~,~ Although not specifically applicable, Section 163.380 Florida Statutes 1 provides a good model to support the Board's efforts to establish the fair value for the license, In determining if the sales price is for fair value and serves a public purpose, the Board may consider: 1 Chapter 163 of the Florida Statutes provides direction for the disposition of real property in the CRA, However, the applicable section of the statutes does not specifically address the sale of property that does not constitute real property (land). MEMORANDUM TO Page 2 a. the long term benefits to be achieved by the CRA in the elimination of the adult entertainment use within the CRA area; b, does the value of the license serve to meet the objectives of the CRA Plan; c. does the elimination of the adult entertainment use prevent the recurrence of slum and blighted areas in the CRA area. As an additional measure to assure the best price is obtained by the CRA for the license, it is advised that prior to the sale of the liquor license, the CRA should give notice of the sale by publishing in a newspaper of general circulation at least thirty (30) days prior to the execution of a contract to sell the license to invite proposals and make the selling price available to any persons interested in purchasing the license. The notice must provide that proposals must be made by those interested within (30) days after the date of publication and that additional information is available at the office of the CRA. If proposals are submitted, the CRA shall consider the proposals and negotiate a purchase price. A purchase price would be accepted if deemed by the Board to be in the public interest and in furtherance of the Community Redevelopment Act. H:\2007\070473 BBCRA\08-10-08 MEMORANDUM Liquor License.doc ., 2 2 The Department is committed to assisting grantees in the implementation of the NSP at the state and local level. To this end, Secretary Preston is hosting a housing summit in Washington, DC on October 7 and 8 and I encourage you to attend to benefit from the most current information regarding the NSP and other aspects of HERA. Information on the housing summit can be found at www.hud.goy. Further, HUD will conduct a series of one day informational sessions on the NSP to be held at several locations across the country beginning October 10. Information on these sessions will be available on HUD's website as soon as details are finalized. As your staff undertake efforts to develop an NSP program, I urge them to contact the Community Planning and Development staff in your assigned HUD field office if they have any questions. HUD's field staff is, as always, the best source of guidance as to program requirements' and HUD's expectations. I look forward to working with you to ensure the rapid and successful implementation of the NSP to benefit the nation's communities. Sincerely, --P~ Susan D. Peppler Assistant Secretary ,- - ,t.\U,' I " o/'~~~d.~~C'\ U,S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENJ ~>: 11111111 *} WASHINCjTON.IlC 2041n.700n '9,s- . 0" 4,) Dr\l~\- ASSISTANT SECRETARY FOR SEP 2 6 2008 COMMUNITY PLANNING AND DEVELOPMENT The Honorable Gerald Taylor Mayor City of Boynton Beach 100 E Boynton Beach Boulevard Boynton Beach, FL 33435 Dear Mayor Taylor: On behalf of Secretary Steven Preston, I am pleased to inform you that the City of Boynton Beach has been allocated $2,963,311 in funding through HUD's Neighborhood Stabilization Program (NSP). The NSP is authorized by the recently enacted Housing and Economic Recovery Act of 2008 (HERA) and is funded at a level of $3.92 billion. The purpose of the NSP is to assist states and local governments in addressing the effects of abandoned and foreclosed properties in the nation's communities. The uses of NSP funds are: . Establishment of financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties; . Purchase and rehabilitation of abandoned and foreclosed homes and residential properties: . Establishment of land banks for homes that have been foreclosed upon; . Demolition of blighted structures; and . Redevelopment of demolished or vacant properties. Pursuant to the statutory directive of HERA, the NSP is closely related to the long standing Community Development Block Grant (CBDG) program. As a result, HUD will implement the NSP by relying upon existing CDBG requirements and making appropriate adjustments to accommodate the directives of HERA. The guidance implementing the NSP is contained in a Notice to be available September 29,2008 on HUD's website at www.hud,gov/nsp and also published in the Federal Register during the first few days of October. This web site will also provide a wide range of other information which will be useful to NSP grantees. The Notice describes the application process that your jurisdiction will have to follow to obtain its NSP allocation. Briefly, the application will be an amendment to your jurisdiction's existing consolidated plan that governs the use of CDBG and other HUD formula program funds. '. This approach has the advantage of building upon planning actions already undertaken by your jurisdiction and, to further speed the process, HUD is abbreviating citizen participation requirements. These steps are intended to assist grantees in developing their program and submitting their application to HUD not later than December I, 2008. Failure to apply by December 1, 2008 will result in the reallocation of your jurisdiction's funds to other grantees. www,hud.gov espanol,hud,gov "',.,:-.v......., (~~, 'r':~ ~~~~y~T2~1c RA Ii East Side-West Side-Seaside Renaissance . The use of the above-referenced funds would be consistent with the City's Consolidated Housing Plan and the rules and regulations of each funding source. . The CRA is subsidizing both projects to the following extent: - Ocean Breeze West - CRA to sell 4.0 acres of land valued at $3.5M for $10 - MLK Corridor Project - CRA proposes to subsidize up to $23M over a ten year period. . The CRA has met with County officials to request matching funds. The redevelopment of the Heart of Boynton will be determined by the ability of various entities, the CRA, City and County in particular, to partner and leverage their resources. Committed funding for these two projects will ensure the likelihood of their success and the transformation of the Heart of Boynton community, FISCAL IMP ACT: None CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS: Make a recommendation to the City Commission to make an official allocation funds for the Ocean Breeze West and MLK Corridor projects. Vi1:i~-? Assistant Director "- T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\CRALLS + Housing FUnds.doc .\ " H ~ ~~YNT2~ eRA '>i1 " A.. '.. .',.... ,., iIIIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: October 14, 2008 I -- - I Consent Agenda I I Old Business IX I New Business I I Legal Other I SUBJECT: Consideration of Recommending to City Commission an Allocation of Funds to the MLK Corridor and Ocean Breeze Projects. SUMMARY: . American Realty is proposing to develop 30 single-family homes on the west side of the Ocean Breeze site. They are requesting $1.0M in down payment assistance for buyers in the development or approximately $32,500 per home in subsidy. This project can begin construction within six months if down payment assistance is secured. . The Auburn Group is planning approximately 40 - 60 single-family homes within the MLK corridor. Most of the buyers will need down payment assistance. Auburn feels that they can begin construction of the single-family homes immediately on eRA/City owned land. Auburn is requesting $2.12M for land acquisition, construction and down payment assistance dependent upon the execution of the Master Development Agreement. . In 2007, the City received $750,000 from a CRALLS (Constrained Roadway at a Lower Level of Service) designation to be used for affordable housing. . The City has been awarded $2.9 M through the Housing and Economic Recovery Act. . The City receives an annual allocation of $550,000 in SHIP funds for down payment assistance. . The City receives an annual allocation of $540,000 from CDBG. . Funds from the above sources are geared to very low, low and moderate income families or , neighborhoods. . The above-reference funds can be used for land acquisition, site development, down payment assistance and construction as long as the funds reduce the cost of the home to the buyer T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\CRALLS + Housing FUnds.doc XI. OLD BUSINESS: H. Consideration of Approval of Master Development Agreement between the CRA and The Auburn Group for the MLK Corridor ;..........................II...\...........30YNTON C RA · c. 3 ~ A C -H - ~ East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: October 14, 2008 I I Consent Agenda I X I Old Business I I N_~\~~\I~!II~s~__J__L____!-~~l!!.._ I I Other I SUBJECT: Consideration of the Master Development Agreement between the CRA and the Auburn Group for the MLK Corridor Project SUMMARY: The attached version of the Master Development Agreement was received by CRA staff on Wednesday, October 8th at 5:00 pm. CRA staff has made revisions to the agreement by deleting items in blue and adding items in green. In order to continue to move along negotiations staff is seeking policy direction from the Board on the following items: 1. Term of Aareement. Originally, Auburn requested a 20-year project term and staff recommended a 10-year term. Auburn has reduced the project term to 12 years. Given the volatile nature of the credit markets and reductions in City/CRA revenue; should the City/CRA enter into a long term development agreement? 2. Subsidy Amount Reauested bv Auburn. The draft agreement has subsidy amounts totaling approximately $23M but this projection is not tied to actual project costs and cannot be verified. City's/CRA's subsidize projects in an amount needed to make the project financially feasible including a reasonable rate of return to the developer. Financial verification of project costs is typically conducted by a third party. Should the CRA seek third party review of the project development proforma to verify the CRA subsidy is funding the project financial gap? 3. Auburn's Reauest for a 163 Aareement. Based on the future revenue volatility for the City/CRA is it fiscally responsible to enter into an agreement that binds the Agency's for a long term financial commitment of twelve years? 4. Number of Phases. Auburn is requesting that the Agreement cover all four phases of the proposed development plan. Again, given the uncertainty in the revenue stream, should the City/CRA commit funds beyond the first Phase? 5. Reauest for Public Subsidy for Market Rate Development. Auburn is requesting the CRA advance Auburn $11 M to construct a private parking garage for the market- rate condominiums to be built at Federal Highway, The public purpose of the CRA's $11 M advance is unclear. Should Auburn be required to provide a more concrete public benefit in exchange for eRA funds? T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meetlng\FY 2008 - 2009 Board Meelings\09 10-14-2008 Meetlng\Auburn MDA.doc Wil~~~~Y~T2~ eRA ~ .-. East Side~ West S',de NSeaside Rena,ssance 6. Reauest for Fundlna for Public Improvements. Auburn is requesting funds to construct a streetscape along MLK. Should the CRA be committed to an undetermined financial obligation without having an approved design or a project budget? Should these public improvements be constructed by the City/CRA under a competitive bidding process rather than having Auburn construct them? 7. Phasina Order. The project as described in the Agreement has the senior affordable rental as Phase I. However, without a legitimate grocery store in place, Auburn will not be able to win the necessary tax credits to construct Phase I. Should Phase I become the grocery store/retail portion of the Project? 8. Prolect SeODe. Auburn has added 7/10 of an acre to the project scope in the revised Agreement. In discussions, Auburn has indicated that they desire to extend the project scope south into the industrial area along Railroad Avenue for the market rate condominium portion of the Project. Is this considered a significant deviation from their submitted RFP response? Does the City/CRA wish to convert more of its industrial land to residential? 9. Retail. Auburn is requesting the CRA lease the retail space from them in an amount sufficient to cover their lenders required debt coverage ratio as well as the CRA must locate the tenants for the space, Typically, it is the role of the developer to finance, build and lease the space. Would the project and the CRA be better served working with a commercial developer specializing in developing retail in similar neighborhoods? 10. Heiaht. The Agreement states that Phase IV will be between 7 - 8 stories. Auburns RFP response indicates a maximum height of 2 - 3 stories. Given the communities sensitivity to height, should the number of stories be set for the entire project within the Agreement? 11. Financial CaDacltv. Given the requested term of the Agreement a periodic check of the financial health of Auburn is advisable if the Board elects to enter into the Agreement. Should the City/CRA receive audited financials annually? Should the developer demonstrate financial capacity prior to entering into the Agreement particularly since financials submitted in the response to the RFP are over two years old? 12. Liauldated Damaaes. In the latest version of the Agreement, Auburn is seeking $5M in liquidated damages if the CRA does not fund the requested $13M for Phase IV. Is this request appropriate when the developer has the reasonable expectation of earning a profit on the first three phases? Should the eRA seek liquidated damages if Auburn does not perform under the terms of the Agreement? T:'AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 . 2009 Board Meelings\09 10-14-2008 Meeting'Auburn MDA.doc -~~Y~T8~ eRA .. ~ East Side-West Side-Seaside Renaissance 13. Overhead Reimbursement. If Phase I does not go forward and the CRA elects to end the contractual relationship with the Auburn, Auburn is requesting their overhead expenses related to the project be reimbursed by the CRA. The overhead expense request includes office staff except for the five highest paid executives as well as all third party consultants and contractors but does not have a fee schedule to determine cost. Does the Board feel this is appropriate? If so, at what date does the clock start ticking to reimburse Auburns operational expenses? 14. Property ACQuisition/Pricina. The Agreement contains no provision for a price cap on property acquisition. If Auburn is placing properties under option contract at prices well above appraised value there will be a funding gap between the as-built appraisal and the funds required to close the construction loan. Is the CRA willing to provide these funds in order to make the project happen? 15. Rollover of eRA Funds. Auburn is requesting that if CRA funds are not used in a particular phase those funds roll over into the next phase, If CRA funds are not needed in a particular phase, should that amount be deducted from the overall CRA financial commitment? 16. Below Market Rate Financing. In the Agreement Auburn states they shall seek below market rate debt financing and grants for the project. Should the savings resulting from securing below market debt financing be deducted from the CRA's financial obligation? FISCAL IMP ACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: To be determined. RECOMMENDA TIONS~ Provide staff policy direction to move negotiations forward. ') I } " ~( \... \ /") i ( " I Il Usa A.. right II Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meetlng\FY 2008 . 2009 Board Meelings\09 10-14-2008 Meeting\Auburn MDA.doc Revised 9.23,08 IZcn:ivcd I ().l{ ox I"rolll 10m Ilil1l1t'1s . I Jack ('ll\Im~(.'s ( inTIl V. Ihoub, ( IV\ MASTER DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this day of October, 2008, by and between AUBURN DEVELOPMENT, LLC with an address at 777 E. Atlantic A venue, Suite 200, Delray Beach, FL 33483 ("Auburn"), the CITY OF BOYNTON BEACH ("City"), a municipal corporation of the State of Florida, with an address at 100 E, Boynton Beach Boulevard, Boynton Beach, FL 33425-0310 and the CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") with an address at 915 S. Federal Highway, Boynton Beach, FL 33435. WITNESSETH: WHEREAS, the City and the CRA have identified celtain areas of the City for I redevelopment dl .,', ih.d ,1.111\ 1(ldcl illl(;I,L :.il" :lIld as further described in Exhibit A; and WHEREAS, Auburn is a developer which specializes in redevelopment and desires to redevelop certain real propelties located in the City within its designated CRA District; and WHEREAS, the properties Auburn desires to redevelop are owned by several different property owners, including the CRA; and WHEREAS, in December, 2001, after several meetings with ,I lid input h0111 community residents. anG-f.t:\l*tt-I::rHllH11e 1'rensl:tre'.(;BustRegtetHll.P-latltl'mg. Council, the City and the CRA adopted a redevelopment plan entitled the "Healt of Boynton ('OIIIII1.tlJlily RedcvckllJllh:nl Plan" FTL:2878684: 1 1 I ("Plan") for approximately ~ndred fi.ft:Y-Hve--folll Iillllthed ('i~dllv (480) acres of the CRA District; and - WHEREAS, to improve upon it and to reflect changes in market conditions, the City and the CRA desire to amend the Plan to reflcct a revised \hiUII !(l! lilt Marlin Luther Kim~. .Ii, nhLl, ('( 'II ill, )i'Pi'ojeel-.plnnn{}wet1nt~IHf)lat~d by the City,-the CRA Hlld l\uburn; and WHEREAS, the City and the CRA agree to have Auburn serve as the developer of the first ;t;I-2h j acres to be redeveloped (sometimes referred to herein as the "Project"), which development will be located specifically within the Maltin Luther King RedevelopmeiTt-Aculridul m'ea; and WHEREAS, through a Request for Proposals ("RFP"), the CRA conducted a competitive selection procedure to select a master developer for the Redevelopment Site. In response to the Request for Proposals, the Developer outlined its qualifications through its written proposal to revitalize the Redevelopment Site through the development offor-sale housing, rental housing, and neighborhood serving retail in its submission dated August 7,2006 and further through responses to questions at interviews from CRA (collectively, the "Proposal"), which Proposal is incorporated herein by reference. WHEREAS, this Agreement is the culmination of discussions, conversations, negotiations and mutual understandings, among the parties, as well as the community, and the palties believe that it is in the best interest of each party to initiate the process to develop the propelties in accordance with the requirements described herein, and in accordance with applicable Florida law, the City's Charter, the City's Code of Ordinances ("Code") and the CRA requirements. NOW, THEREFORE, for and in consideration of mutual benefits and the public interest and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: FTL:2878684: 1 2 1. Recitals. The foregoing recitations are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. . 2. Authority. This Agreement is entered into under the authority of the Florida, the general powers conferred upon municipalities by statute and, the City's Charter, and the CRA requirements. 3. Effective Date. This Agreement shall become effective upon the date the last party executes the Agreement. 4. Expeditious Review. The City and the CRA will consider, as expeditiously as possible pursuant to the law, amendments to the Plan to reflect the changes contemplated by the parties. 5. Property Ownership. The parties acknowledge that because most of the properties within the Plan are owned by third parties, the development of such properties by Auburn is contingent upon acquisition ofthese properties. In the event Auburn is unable to acquire some of these properties the parties agree that the plans may need to be modified as mutually agreed. Auburn has contacted the owners of almost all of the properties within the 27 acres and has concluded that boundaries of the four phases will probably have to be changed f\'Om Auburn's initial boundaries to reflect the reality that some owners refuse to sell for any price, and some are demanding totally unreasonable prices or terms. The first phase, being for an enclosed senior rental community, and the fourth phase, being large condominium buiIding( s), must be built on contiguous parcels, whereas the second phase, being for single family and townhouse buildings can be built between and around parcels deemed difficult or impossible to acquire by Auburn. 6. Duration of Agreement. The duration of this Agreement shall be for a twelve (12) year period from the date this Agreement is effective and will only be extended by the mutual FTL:2676684:1 3 consent of the parties or their successors in interest which shall not be unreasonably withheld, delayed, or conditioned. - 7. Phased Development. The parties acknowledge and agree that the Project is contemplated to be developed in four (4) or more phases with up to 700 total dwelling units. Some properties may require amendments to the approved land use plan designations and rezoning in order to develop the properties in accordance with the Plan. Please see Exhibit" An for a more pal1icular description of the Project and the properties proposed for each phase of development. Except as specifically set forth herein, the eRA shall have no obligation to advance funds or land for a phase until the previous phase is substantially complete. However it is the intent of the eRA to obtain funding and acquire land throughout the 27 acres as quickly as possible if it is determined that an acquisition is at an opportune time and/or price 8. City and CRA Land. The City or the CRA, as applicable, shall convey to Auburn, for the nominal price of$1 0, marketable title in accordance with Florida Statutes and free and clear of all encumbrances to any portion of the land they own that is located within a particular phase within thirty (30) days after the City and the CRA receives written notice from Auburn that it intends to close on the last of the parcels it will acquire, in Auburn's sole discretion, for that pa11icular phase. 9. Development Support. The CRA shall provide all reasonable assistance to Auburn with respect to cooperation with State and local agencies, lenders, and other applicable parties. The CRA shall provide all reasonable assistance requested by Auburn in obtaining licenses, approvals, clearances, or other cooperation from local, State, and Federal agencies, the State of Florida, the Mayor's Office, the City Council and other local governing bodies, and shall support and seek the support of others for any application submitted by Auburn for allocations ofLIHTCs, tax-exempt bond volume cap, CWIDP funds, and other State or local funding needed in order to FTL:2878684:1 4 close any financing gap in the project. eRA and Auburn shall cooperate with each other in outreach to various stakeholders in the neighborhood to provide information and communication to the ~ neighborhood community about the Development. 11. Overall Commitment. The CRA and Auburn will take all reasonable actions as are within their respective authority and necessary to the accomplishment of the Development. Where any resources anticipated by the parties become unavailable in whole or in part, the CRA and Auburn will work together in good faith to agree upon changes or alternate plans which accomplish the original goals set forth in this Agreement to the maximum extent reasonably possible given available resources. 12. Land Use. The City and the CRA shall cooperate with Auburn in processing the land use amendments and l'ezoning approvals necessary for development of the four (4) phases of the Project. The City and the eRA agree that time is of the essence and they will expeditiously process the approvals required for these land use plan amendments and rezoning, provided the applications are completed on a timely basis. The City shall endeavor to complete consideration ofthe approvals for Phase 1 by March 15) 2009. The City shall initiate all necessary land~use and zoning changes if requested by AubUlTI and the CRA will provide assistance as requested by the City. 13. Funding Conditions. It is agreed to and acknowledged by the Parties to this Agreement that the CRA's advancements to Auburn shall be conditioned upon the appropriation of any funds available for advancement in the CRA's budget for the fiscal year in which Auburn requests the advancement of funds for Phase I , 2, 3 or 4, respectively. All funds advanced by the CRA to Auburn pursuant to the terms ofthis Agreement shall be advanced simultaneously with the actual closing of the construction loan for each phase. 14. Future eRA Land Acquisitions. The CRA may use encumbered funds for the project to purchase land in the Project area in an amount up to the agreed upon advancement cash FTL:2878684: 1 5 prior to the closing of the construction loan. This land will be conveyed to Auburn at construction loan closing for a given phase for ten (10) dollars. The CRA cash advancement at closing will be - reduced by the dollar amount the eRA paid using the budgeted advancement amount for that phase to acquire additional land between the date of this agreement and such closing. Such purchase amounts after the date of this agreement shall be subject to Auburn's approval. 15. Grants and Loans. Auburn and CRA shall diligently pursue government and charitable foundation grants from other sources so as to reduce the amount the CRA shall be obligated to advance to Auburn for Phase 1 and subsequent phases, as well as government and charitable foundation loans to accelerate the rate of land acquisition and construction of the Project. Please see Exhibit B for a more detailed example as to how this will work. In the event that the CRA does not have to advance the maximum amount for a given phase due to having received such grants, the portion of such advance no longer needed shall roll over for use in subsequent phases ("Rollover Amount"). The Rollover Amount shall apply consecutively to all subsequent phases of development in the event that the CRA has a reduced cash advance obligation as the result of grants obtained by Aubum or the CRA for the development. In the event that funds are made available for a subsequent phase of the plan, Aubum may begin that phase concurrently with the prior phase. Auburn and the CRA agree that Phase 3 may need to be developed first to meet the proximity requirement for a nearby grocery store necessary to acquire tax-credit financing. Phase 2 funding and construction will in all likelihood take place before Phase 1 because of opportune acquisitions, a shorter approval period for single family development and available funding. 16. Option to Proceed. Auburn shall have the option to proceed with the development of a subsequent phase of the Plan without completion of a prior phase but, in such event, Auburn shall have no right to any cash advance from the CRA, other than the amount of any of the aforementioned funds received from other government or foundation grants or loans, until the prior FTL:2878684: 1 6 phase is substantially complete or this Agreement specifically permits earlier development of the next phase. - 17. Eminent Domain. In the event Auburn determines, in its sole judgment, that it has exhausted all efforts to purchase a parcel needed for an assemblage for a particular phase, the City agrees, upon Auburn's or a CRA request in writing, to consider the use of its eminent domain powers to acquire such property for a public purpose use. The City and CRA, additionally, agree to consider any requests to amend the Plan as a result ofthe inability to acquire certain properties for the Project. 18. Chapter 163 Development Agreement. The parties acknowledge that after the land use designation for a particular phase is consistent with the City Land Use Plan and the Project Plan, and all appeal periods have expired, the parties intend on entering expeditiously into a Florida Statutes Chapter 163 Development Agreement for each phase. PHASE 1 19. Phase 1 shall consist of up to 160 senior low income rental apartment units on up to 4 acres of land, zoned 40 units per acre, and a senior center. Auburn shall determine, in its sole discretion, the exact number of units to be developed and the exact location of the land to be used for said development within the 27 acres. The CRA's contribution to Phase 1 shall be the land it already owns in Phase 1 plus $1,920,000 cash. Any cash advances by the CRA will be based on the maximum number of units funded by Tax Credits, and in the event less than 160 units are developed, the cash advance shall be reduced proportionately on a unit basis. For example, ifthe development is downsized to 140 units the cash advance shall be 140/160ths of$1,920,OOO, or $1,680,000. The CRA agrees to enter into a purchase and sale agreement with Auburn for the land in Phase I for the purpose of demonstrating site control to the Florida Housing Finance Corporation. The draft purchase and sale agreement is attached hel'eto as Exhibit C. FTL:2878684:1 7 19.1 Auburn shall acquire or place under contract on or before December 31,2012 the properties to be developed that are not already owned by the CRA to complete the proposed Phase 1 - assemblage ("Phase 1 Assemblage"). Within thirty (30) days after the City and CRA receive written notice from Auburn that it intends to close on the construction financing, and has fee simple title or has under contract the balance of the properties needed for Phase I, the City and the CRA shall convey to Auburn the land acquired by the City or the CRA for Phase 1 ("Phase 1 Conveyance") with marketable title in accordance with Florida Statutes and free and clear of all encumbrances for the nominal price of$10. The conveyance by the City and the CRA shall occur simultaneously with payment by the CRA ofthe $1,920,000 cash allocated to Phase I for closing on the land that Auburn has under contract for Phase 1, and for cash reimbursement to Auburn for land that Auburn has closed on within the Phase 1 boundary prior to the closing on all land for Phase I, less the monies expended by CRA for land within Phase 1 after the date of this agreement but prior to such closing. Auburn shall provide all other funds for the acquisition and development of the Phase 1 project, through private sources, loans, grants from other governmental agencies or m011gage lenders it selects, in its sole discretion. 19.2 At the same time as the closing on the last acquisition for the Phase 1 Assemblage, the CRA shall also provide a demolition grant in the amount of$300,000 for the cost of demolishing, clearing, grubbing, and removing of all underground utilities/subsurface structures and bringing the site to level grade. In the event that the actual demolition cost is less than $300,000, then the balance of the funds will be used towards the construction cost of Phase I. 19.3 The senior center shall be open to the public but also serve as a clubhouse and leasing office for the Senior Apartments and shall be a minimum of3,500 square feet. There shall be pedestrian access from the enclosed and gated Senior Apartments to the senior center through a pedestrian FTL:2878684:1 8 access gate. Auburn shall manage and operate the senior center and shall have the right, in its sole discretion, to contract with a third party for its management and operation. - PHASE 2 20. Phase 2 shall consist of up to 237 townhouses, condominiums or single family homes, or as modified by mutual consent of Auburn and the CRA, on approximately twelve (12) acres. Auburn shall develop these units under the City's Workforce Housing Ordinance. Auburn shall commence acquisition of the properties for the Phase 2 assemblage ("Phase 2 Assemblage") as soon as it wishes, but no later than the date upon which it has substantially completed Phase 1. It is agreed that the Phase 2 for-sale units may be developed and the land acquired in two (2) or more phases, as funding sources and market conditions allow. 20.1 The CRA agrees that it will advance to Auburn up to and not to exceed the amount of $2,844,000 (the estimated infrastructure costs) for Phase 2 ('.Phase 2 Advance"), less the amount of grants obtained by Auburn and CRA for the Project, at the time of closing on a constl'Uction loan for the homes to be built in Phase 2. Such advance shall be made within 30 days after the City and the CRA receive written notice from Auburn that it intends to close on the construction financing, and has fee simple title or has under contract the balance of the properties needed for Phase 2, or a substantial portion of Phase 2. At the same time as the advancement of cash funding the City and CRA shall convey fee simple title in accordance with Florida Statutes and free and clear of all encumbrances, for the nominal price of$l O. Auburn shall provide all other funds for acquisition and development of the Phase 2 Assemblage though private sources, loans, grants from other governmental agencies or mortgage lenders it selects, in its sole discretion. 20.2 The CRA shall also provide a demolition grant in the amount of$275,OOO to Auburn to cover the estimated cost of demolishing, clearing, grubbing, removing of all underground utilities, FTL:2878684:1 9 subsurface structures and bringing the Phase 2 site to level grade. The $275,000 payment shall be made at the same time as the Phase 2 Advance with the same notice provisions set forth in . Paragraph 20.1. 20.3 Within three (3) months after commencement of construction ofthe Phase 2 units, the CRA shall complete the acquisition of the land necessary for the Phase 2 town circle illustrated in Exhibit "A". The CRA shall pay to Auburn $1,000,000 for all streetscape needed for the Project, including the construction of the town circle, covering items such as pavers, benches, fountains and landscaping as well as curbs, gutters, parallel parking spaces, sidewalks, attractive lighting, signage and landscaping. The CRA shall use its best efforts to achieve an agreement with the owners of the church adjacent to the town circle which will allow the CRA to renovate the exterior of the church. Aubum shall commence construction of the streetscape, including town circle streetscape, within six (6) months after commencement of construction of the Phase 2 development and shall substantially complete the streetscape before fifty percent (50%) of the Phase 2 units are substantially complete. 20.4 The CRA shall create a dedicated $2,500,000 fund ealmarked exclusively for assistance to the purchasers of the Phase 2 units. Auburn shall designate a certain number of the Phase 2 units as workforce units pursuant to the requirements ofthe City's Workforce Housing Ordinance. The CRA shall provide assistance to purchasers of Phase 2 designated workforce units, according to their needs and ability, to qualify for necessary mortgage financing, until the dedicated $2,500,000 fund is exhausted. PHASE 3 FTL:2878684:1 10 21. Phase 3 shall consist of the development of a neighborhood retail complex on the Seacrest frontage north of Martin Luther King Boulevard. Auburn shall begin construction of Phase - 3 after the sale of seventy-five percent (75%) of the Phase 2 units. The CRA shall cooperate and assist Auburn in obtaining retail users for the retail complex. The CRA shalt lease the retail complex from Auburn at a rent rate that will provide a 1.2 debt service coverage ratio until such time as all Phase 4 advances from the CRA are funded, at which time Auburn shall convey the retail complex to the CRA for ten (10) dollars. Auburn and the CRA agree to consider allowing a third party grocery store owner operator the option to develop and manage this Phase. PHASE 4 22. Phase 4 shall consist of four (4) mid-rise (7 or 8 story), market rate mixed use buildings on five (5) acres. There will be two (2) buildings on Federal Highway and two (2) buildings on the west side of the FEC railroad tracks. The buildings shall contain up to 304 residential ownership units with retail and office space in the buildings on Federal Highway. Aubul11' s plan is to construct a bridge connecting the two (2) buildings on Federal Highway with the two (2) buildings on the west side of the FEC railroad tracks. The construction ofthe bridge shall require approvals from the FEC. The City/CRA shall cooperate and assist in obtaining these approvals. 22.1 The CRA shall provide a demolition grant to cover the cost of demolishing, clearing, grubbing, removing all underground utilities/subsurface structures, and bringing the site to level grade, in the amount of$150,OOO. This shall be paid to Auburn within thirty (30) days after written notice from Auburn that it will be closing within forty-five (45) days on the last of the properties it is able to acquire, in Auburn's sole judgment, for the Phase 4 Assemblage. 22.2 The two (2) buildings on the west side ofthe Phase 4 development shall consist of two (2) or three (3) floors of structured parking and five (5) or six (6) stories ofresidential units above the FTL:2878684: 1 11 parking, with no more than 8 total stories in such structures.. Auburn shall commence construction of the parking structures after Auburn has completed the acquisition of the Phase 4 Assemblage and . has conveyed to third party buyers 75% of the Phase 2 units. Auburn shall construct, at its own expense, the residential units above the parking structures. 22.3 The CRA shall advance to Auburn a maximum of$l ,216,000 for the estimated Phase 4 on- site infrastructure costs and $11,704,000 for the cost of construction of the two (2) parking garages ("Phase 4 Advance"). These funds shall be provided at closing, after the CRA receives written notice from Auburn that it intends to close within the next forty-five (45) days on the last of the properties it will acquire, in Auburn's sole discretion, for the Phase 4 Assemblage. This Phase 4 Advance is in addition to, and over and above, amounts obtained from other funding sources, but may be less than the maximum amount to the extent that Auburn and the CRA are able to obtain grants from other sources for the Project. Auburn shall provide all other funds for the acquisition and development ofthe Phase 4 Assemblage through private sources or mortgage lenders it selects, in its sole discretion. This Phase 4 Advance shall initially be a subordinate, interest free loan against the Phase 4 property, but shall be forgiven by the CRA at the time of the completion of construction and the issuance of the final certificates of occupancy for the Phase 4 buildings. 22.4 It is recognized that Phase 4 represents Auburn's best chance of earning a profit on this undertaking, and that if the eRA does not fund the required Phase 4 Advance, after Auburn has performed all required prior phases of the Project, Auburn will have suffered significant damages. It is hereby agreed that such damages are difficult to ascertain with certainty, and that for the purposes of this agreement such damages shall be deemed to be $5,000,000 liquidated damages. 22.5 If Auburn determines that it is economically infeasible or impossible to acquire the adult enteltainment property located on the northeast corner ofthe Project, then the Project area for Phase 4 may be moved to the south, but in no event shall the total Project area exceed 27 acres. In the event FTL:2878684:1 12 that this change is made, Auburn shall construct an attractive, architecturally compatible three or four story commercial building on the northwest comer of US 1 and Martin Luther King, Jr. - Boulevard ("MLK"), and the buildings envisioned for that area of Phase 4 north of MLK shall instead be built along Federal Highway and Railroad A venue to the immediate south ofthe currently designated Phase 4 area. Such total Phase 4 area may be larger, but not smaller, than is currently envisioned, but the total Project area may not exceed the aforementioned 27 acres. 23. General Contractor. Auburn shall have the right to serve as the general contractor for all phases of development and, in the alternative, shall have the right to select, in its sole discretion, general contractors for each phase of development. 24. Permits. The City or the CRA shall designate a specific Building Department representative to process building permits for the Project. 25. Termination by CRA. The CRA's obligations to provide funding as provided herein is contingent upon Auburn having provided to the CRA at least forty five (45) days pl'ior to the initial advancement offunds, an income tax basis financial statement prepared by a CPA to the CRA representing the financial condition of Auburn Development, LLC. The CRA, in its sole and absolute discretion, shall determine if Auburn has the financial ability to commence and complete that phase of the project as contemplated in the Agreement. In the event, in the sole and absolute discretion of the CRA, Auburn lacks the financial ability to commence and complete that phase of the Project, then the CRA may terminate this Agreement by providing written notice to Auburn, within 15 days after having received such financial statements, of its intent to terminate. In the event, however, that Auburn has secured a construction loan commitment from a commercial lending institution for such phase's construction, this clause shall not apply. Phase 1 is intended to be a senior Housing Credit community of up to 160 apartment units and a senior center. If Auburn is unable to obtain Housing Credits for the Phase 1 Senior Apartments from FTL:2878684:1 13 the Florida Housing Finance Corporation, or its successor agency by January 15,2012, the CRA shall have the option to terminate this Agreement and require Auburn to sell to the CRA all the land - contained in the Plan previously acquired by Auburn. The CRA purchase price in either of the above events shall consist of the amount of Auburn's investment, Auburn's verifiable development expenses and costs less CRA contributions to Auburn, with interest on the net amount at the rate of 7.5%. In the event that the CRA exercises this option, all of Auburn's development rights to develop the balance of the Plan shall be forfeited and the Agreement shall terminate with each party no longer having any obligations to the other. Auburn's verifiable development expenses shaIl not include the salaries of the four (4) highest paid executives of Auburn. Auburn will provide the CRA with quarterly expense reports and copies of executed contracts with any third party contractors and consultants. Any cost incuned in developing the RFP will not be included. 26. Termination by Auburn. If Auburn is unable to obtain Housing Credits for the Phase 1 Senior Apartments, acceptable to Auburn, in its sole discretion, by January 15,2012, Auburn may terminate this Agreement. If Auburn so elects to terminate this Agreement, then the CRA shall purchase all property acquired by Auburn within the Plan at the price Auburn paid for such property plus 7.5% interest from the date of Auburn's acquisition of the property. Auburn wi II not be entitled to the reimbursement of development expenses and cost unless the termination is the result of substantial default by the CRA, or because the CRA has not funded cash it committed to with respect to a given phase of the Project, In the event of substantial default by the CRA, or in the event that Auburn notices the eRA of its intent to close on the balance of the land and its construction financing for a given phase as described herein, and the CRA does not fund that phase of the project, then the CRA purchase price shall consist of the amount of Auburn's investment, Auburn's verifiable development expenses and FTL:2878684:1 14 costs less CRA contributions to Auburn, with interest on the net amount at the rate of7.5%. In the event of such termination, all of Auburn's development rights to develop the balance of the Plan - shall be forfeited and the Agreement shall terminate with each party no longer having any obligations to the other. Auburn's verifiable development expenses shall not include in overhead the salaries of the four (4) highest paid executives of Auburn. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK FTL :2878684: 1 15 AUBURN: AUBURN DEVELOPMENT, LLC - WITNESSES: By: Print name: Print Name: BRIAN J. HINNERS Title: President Print name: day of October, 2008 STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by , the of AUBURN DEVELOPMENT, LLC, freely and voluntarily under authority duly vested in him/her by said company. He/She is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2008. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: FTL:2878684:1 16 CITY: WITNESSES: CITY OF BOYNTON BEACH, a Florida - municipal corporation By: Print Name: , City Manager day of ,2008 Print Name: ATTEST: APPROVED AS TO FORM: By: , City Clerk , City Attorney STATE OF FLORIDA ) ) ss: COUNTY OF BROW ARD ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by , as City Manager of the City of Boynton Beach, a Flol'ida municipal corporation, on behalf of the City, freely and voluntarily under authority duly vested in him by said municipal corporation and that the seal affixed thereto is the true corporate seal of said municipal corporation. He is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of ,2008. Notary Public, State of Florida My Commission Expires: Typed, printed or stamped name of Notary Public FTL :2878684: 1 17 eRA: WITNESSES: CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT - AGENCY By: Print Name: , day of ,2008 Print Name: ATTEST: APPROVED AS TO FORM: By: , City Clerk , CRA Attorney STATE OF FLORIDA ) ) ss: COUNTY OF BROW ARD ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by , as Administrator of the City of Boynton Beach Community Redevelopment Agency, on behalf of the CRA, freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said CRA. He is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of ,2008. Notary Public, State of Florida My Commission Expires: Typed, printed or stamped name of Notary Public FTL:2878684:1 18 EXHIBIT "A" FTL:2878684:1 19 Document comparison done by Workshare DeltaView on Friday, September 05, 2008 6:20:26 PM Input: Document 1 interwovenSite:/IFTLDMS 1/FTL/2587 484/4 - Document 2 interwovenSite:/IFTLDMS 1/FTL/2587 484/5 Renderina set standard Legend: Insertion Deletion MO'led from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 106 Deletions 94 Moved from 5 Moved to 5 Style change 0 Format changed 0 Total changes 210 H:\DJDlREAL ESTATE DOCUMENTS\blackllne 4.5 Master Development Agreement Auburn_eRA (2).doc EXHIBIT B FUNDING EXAMPLE - It is the intention of the parties to apply for any available funding from the state of Florida or local governmental sources other than Boynton Beach, or charitable foundation funding for the Project, so as to accelerate the funding necessary for acquisition of the properties comprising the Heart of Boynton, and also to reduce the funding that the CRA has committed to in this agreement. Funding that comes in the form of a grant from a source other than the CRA will accomplish both of these objectives, whereas funding that comes in the form of a loan from a source other than the CRA will accelerate the acquisitions, and the CRA's tax revenue, but will eventually need to be repaid from future monies encumbered by the CRA for the Project, or monies received from other government bodies in the form of loans or grants. Auburn as Developer will be responsible for preparing all applications for such funding, but if it enhances the ability to obtain such funding, the CRA shall be the applicant. In 2009 and 2010 the CRA has agreed to encumber $1,920,000 for Phase One. Let us assume that we are successful in receiving $950,000 in grants for Phase 1 by the end of 2009. That would result in a rollover of$950,000 from the Phase 1 encumbered funds to Phases 2,3, and 4 to reduce the amount that was scheduled to be encumbered by the CRA for those phases. It is understood that the grants and loans we are discussing here do not include normal Housing Credit equity funding or tax exempt bond funding. Let us also assume that we are successful in obtaining $4,500,000 in 1 % loans from other government bodies in 2009, payable when we complete the entire redevelopment of Phases 1 through 4. These monies would not serve to reduce the monies scheduled to be encumbered by the CRA but would serve toenable us to acquire property earlier at lower prices, and would facilitate faster redevelopment than presently scheduled. Monies scheduled to be encumbered by the CRA total $6,994,000 during the five years 2011 through 2015 for Phases 1, 2 and 3. Let us assume that the parties would be successful in receiving from other governmental sources and from charitable foundations a total of $5,250,000 in grants for Phases 2 and 3 between 2010 and 2015. We would then have a total of $6,200,000 received from grants that would result in $6,200,000 of the eRA encumbered funds rolling over to Phase 4. Monies scheduled to be encumbered by the CRA in year 2016 for Phase 4 total $13,070,000, but that amount would have been reduced to $6,885,000 by virtue of the aforementioned $6,200,000 in grants received earlier. The total CRA funding for Heart of Boynton would then be $15,799,000 spread over the next nine years, for an average of$I,755,444 per year, not including the land to be contributed that the CRA already owns. 1IJ!II~Cf:Y~Te~ eRA iii East Side-West Side-Seas"ide Renaissance eRA BOARD MEETING OF: October 14,2008 I I Consent Agenda I I Old Business I X I New Business I I Public Hearing I I Other I SUBJECT: Master Development Agreement - MLK Corridor Project Area SUMMARY: On Tuesday, October th, CRA staff received a revised edition of the Master Development Agreement (MDA) from Auburn Development. This copy was forwarded to the CRA absent input and comments from Tom Hinners, principal for Auburn Development, as well as input from Auburn's legal counsel. The CRA board received a copy of this version of the MDA Tuesday evening. CRA staff and CRA legal counsel jointly reviewed this version of the MDA on Wednesday, October 8th, in the afternoon, in preparation for the upcoming Tuesday October 14th CRA Board meeting. At five o'clock on Wednesday, October 8th, Tom Hinners forwarded a newly revised MDA with several clarifications to the previous draft (Tuesday-October 7th version) and added provisions not previously discussed with the CRA. CRA staff is now analyzing the Wednesday, October 8th, version of the MDA with requested changes submitted by Auburn Development. Our goal will be to outline policy issues to be addressed by the Board. Once staff has completed the analysis of this version of the MDA, it will be forwarded to the Board as soon as possible. CRA REDEVELOPMENT PLAN: HOB Community Redevelopment Plan FISCAL IMP ACT: To be determined. To be determined. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\MDA Agreement.doc Supporting Documents will be Provided at a Later Date Page 1 of 1 Prainito, Janet From: Utterback, Theresa Sent: Tuesday, October 14, 20084:42 PM To: LaVerriere, Lori; Bressner, Kurt; Lejeune, Carisse; Prainito, Janet; Greene, Quintus; Rumpf, Michael Cc: Bright, Lisa; Brooks, Vivian Subject: Oct. 14, CRA Board Meeting-Consideration of MDA between CRA & Auburn Attachments: Old Business (H) Consideration of the Master Development Agreement between CRA and Auburn.pdf This is the back up for Agenda item - Old Business (H) Any questions, please feel free to call our office Theresa Utterback Administrative Assistant Boynton Beach eRA 91 5 South Federal Highway Boynton Beach, FL 33435 P: 561-737-3256 F: 561-737-3258 utterbackt@ci.boynton-beach.fl.us 10/14/2008 XII. NEW BUSINESS: A. Consideration of Transferring CRA Owned Property to City r- , 1!~~<!Y~T2~ eRA iIIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: October 14,2008 I I Consent Agenda I I Old Business IX I New Business I I Legal I I Other I SUBJECT: Consideration of Transferring CRA Owned Property to City of Boynton Beach SUMMARY: . In 2004 the CRA purchased land on the east and west side of Seacrest and MLK. . The original intent was to give the CRA property that was purchased on the west side of Seacrest to the City. . The City in exchange would give the CRA the City-owned properties along the MLK Corridor project area. . The City intended to use the CRA properties west of Seacrest to expand Sara Sims Park or for the completion of an urban infill housing project on the block south of Poinciana Elementary school. . The CRA intended to use the City's property along MLK for a larger redevelopment project that would encompass MLK from Seacrest to Federal Highway. . The CRA currently has no plans for the above properties and none of the properties could be used by any of the developers the CRA is currently working with. . It's possible these properties could be utilized by the City to execute projects. The CRA owns the following five properties along the west of Seacrest: PCN: Address: Appraised Value per PBCPA: 08-43-45-21-07 -004-1460 905 N. Seacrest $ 35,200 08-43-45-21-07 -004-1450 909 N. Seacrest $142,036 08-43-45-21-07 -004-14 70 103 NW 8th Ave $ 35,200 08-43-45-21-24-000-0101 NW 11th Ave. $ 63,424 08-43-45-21-24-000-0103 Seacrest $ 31 ,664 TOTAL: $307,524 T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\City CRA land exchange.doc ~~~~Y~T2~!C RA ill East Side-West Side-Seaside Renaissance FISCAL IMP ACT: None. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS: The Board has several options it could consider: 1. Keep the CRA property. 2. Recommend the CRA transfer the property to the City for the appraised value as stated by the Property Appraisers of $307,524. 3. Obtain market rate appraisal for the property and transfer to the City at that value. 3. Issue a Request for Proposal to sell the property to the highest bidder. 4. Issue a Request for Proposal to sell the property at below market value to develop affordable homes. C/1fJM Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\City CRA land exchange.doc ',.1 'i.. '~" .".,. . " 11-" '. - , i~ f.- ...,' - M,' ! t , i!r<, ~ ,J J i , .~ ~l! n I. -' $' ~i, ; l t': : ~: , ~ .r" ... ~ '.:,ik\L' i' f:!' < '. '.. C;, - 1'J ! '1> I t., .. ~!r' ~ >, I,jj .t.: "''''i'i~ .!, ,,,,,,..,- , ',' '1 rl~,-" =','~, E!!Si !... \ , ll.;L ; ;~i'" J, '., .,' u ~. I !~i ,.... U. t; -:""""~,,-,',,y".'""':'<i-'~~ r[l~ i.}il'<; . i'l\'l ft,. ",' " -i~'[ ~"- \"'~.~. '-. _; ~ { 'i I ~ A ;~' L"i). r , il ),1 iru, '- ..,. f" I'l .i i4 ~' .~ . .:~':(" ,;.. ~ , I' ~ ~ ,,~.-' - .- ~. Ii ~ t ! i ;.' ; , . 1 Palm Beach County Property Appraiser Property Search System ,_~ "HT~ " .. -- '\1. ;- ~ . ~' ,-' F-\ ~?rOP!lrlY ....[:r'~' ", " ~-- ~ \, ~, , , ~ ~, I V' .' ~~~~ , Property Information Location Address: 905 N SEACREST BLVD l~\'"..,,:f Municipality: BOYNTON BEACH r Calculate J Parcel Control Number: 08-43-45-21-07-004-1460 ['k,.OOlril.u,;, Subdivision: BOYNTON HIllS IN [' :.... ' "] ;W~...". ... ):~J,t~ Official Records Book: 17636 Page: 1837 Sale Date: Oct-2004 Reverse Side l.e.9al pg$(,:ripJ;ic:m: BOYNTON HIllS IT 146 BlK D Owner Information ~-II Name: BOYNTON BEACH CRA Mailing Address: 915 S FEDERAL HWY BOYNTON BEACH Fl 33435 5612 Sales Information Sales Date Book/Page Price Sale Type Owner ~"'htl~1 Oct-2004 17636/1837 $92,200 WARRANTY DEED BOYNTON BEACH CRA I Dec-2003 16332/1539 $80,000 WARRANTY DEED SCOTT DENISE T ! I Jan-2003 14799/1121 $44,600 WARRANTY DEED RAMDIN KELVIN I Exemptions I Full: Municipal Government: $35,200 Year of Exemption: 2008 I Totai: $35,200 i ! Appraisals I Tax Year: I Improvement Value: Property Information l Land Value: Number of Units: 1 Total Market Value: Use Code: 8900 Description: MUNICIPAL P = Preliminary Values Tax Year: Assessed Value: ~ Exemption Amount: Taxable Value: Tax Values Tax Year: 2()OllP ZOO] ZO.06 ~ Ad Valorem: 0 0 0 Non Ad Valorem: 0 0 0 ~~,J Total Tax: 0 0 0 Tax Collector WebSite i NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the http://www.co.palm-beach.fl.us/papaJaspx/web/detail info.aspx?p entitv=08434521 07004 I 460&geonav_ 10/05/2008 Palm Beach County Property Appraiser Property Search System Page 1 of 1 1_- :' - f "..,' I,:r ' - ,- , ')r~Ir.1:r"i' f\DCf2 '::f- -:. [).t ~ '::.: - -::~,.- I -I ' , t ",- ~ .\ I , . ,~ -~-~ ~:-~ Property Information Location Address: 909 N SEACREST BLVD Municipality: BOYNTON BEACH r~~~] Parcel Control Number: 08-43-45-21-07-004-1450 Subdivision: BOYNTON HILLS IN ~ Official Records Book: 19144 Page: 1604 Sale Date: Aug-2005 Rev(;;rseSide LID . t" BOYNTON HILLS LT 145 BLK D (LESS RTN CRV AREA SEACREST BLVD ega escrlp Ion: R/W) Owner Information Name: BOYNTON BEACH CRA '-WIlP...... ..~'"' I Mailing Address: 915 S FEDERAL HWY BOYNTON BEACH FL 33435 5612 Sales Information Sales Date Book/Page Price Sale Type Owner Aug-2005 19J44/1604 $223,725 WARRANTY DEED BOYNTON BEACH CRA Mar-2002 1.354.5/1179 $10 QUIT CLAIM SIMS GLASTON E 8r. Exemptions Full: Municipal Government: $142,036 Year of Exemption: 2008 Total: $142,036 Appraisals Tax Year: Property Information Improvement Value: Number of Units: 0 Land Value: *Total Square Feet: 1072 Total Market Value: Use Code: 8900 * in residential properties may indicate living area. P = Preliminary Values Tax Year: Assessed Value: ~ Exemption Amount: Taxable Value: Tax Values Tax Year: ~008P :l007 20Q6 ~ Ad Valorem: $0 0 0 Non Ad Valorem: $194 0 0 '-- --"I Total Tax: $194 0 0 Tax CollectorJl\lebSite r.lOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. http:/ /www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=08434521 070041450&geonav... 10/05/2008 Palm Beach County Property Appraiser Property Search System Page 1 ' - - - ' - . , '" - , fl' '--1 C 1 - , ~~--~- Property Information _._---,~--- Location Address: 103 NW 8TH AVE Municipality: BOYNTON BEACH Cf.=hJ Parcel Control Number: 08-43-45-21-07-004-1470 ( ---- ------------------',1 Subdivision: BOYNTON HILLS IN t. prQJlQ~l!<!11 ~ Official Records Book: 18452 Page: 1110 Sale Date: Apr-2005 · [{eyer;e Side" Legal Description' BOYNTON HILLS LT 147 (LESS R/W SEACREST BLVD &. RET CURVE AREA) , , . BLK D Owner Information 1 Name: BOYNTON BEACH CRA f.IIIrw-D-.., II Mailing Address: 915 S FEDERAL HWY BOYNTON BEACH FL 33435 5612 Sales Information ! Sales Date Book/Page Price Sale Type Owner I , Apr-2005 18452/1110 $100,000 WARRANTY DEED BOYNTON BEACH CRA Exemptions I Full: Municipal Government: $35,200 Year of Exemption: 2008 i I Total: $35,200 ! Appraisals I Tax Year: I Improvement Value: Property Information l ! Land Value: Number of Units: 2 i I Total Market Value: Use Code: 8900 Description: MUNICIPAL i I P = Preliminary Values Tax Year: Assessed Value: ~ Exemption Amount: Taxable Value: Tax Values Tax Year: ~(lQ8 P 2007 ~QQ6 ~ Ad Valorem: 0 0 0 Non Ad Valorem: 0 0 0 ~~,., .'-1 Total Tax: 0 0 0 Tax Collector WebSite NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?P _ entity=08434521 0700414 70&geonav ... 10/05/2008 Palm Beach County Property Appraiser Property Search System Page I of2 ;11" " t_; ~ 7 \ ~: ~ ~ ::" ~-::: ~\ Properl\, Apf;H;:< "[ '-, f' t" , /, - - - ' - . 1" - ~ ... .., ~ ~~ ~ .... ""'" , t " " - -:- -- Property Information Location Address: NW 11TH AVE I~,~"~~~,-~I Municipality: BOYNTON BEACH 1~~!~~J Parcel Control Number: 08-43-45-21-24-000-0101 Subdivision: MEEKS ADD TO BOYNTON IN ~J 7i'; "...... -, _i,c" "iF:,! Official Records Book: 19429 Page: 1378 Sale Date: Oct-2005 Reverse Side LID . t" MEEKS ADD TO BOYNTON N 100 FT OF LT 10 (LESS R/W OF SEACREST ega escrlp Ion: BLVD) Owner Information Name: BOYNTON BEACH CRA Mailing Address: 915 S FEDERAL HWY BOYNTON BEACH FL 33435 5612 r Sales Information Sales Date Book/Page Price Sale Type Owner ~"~="I Oct-2005 19429/1378 $1,118,000 DEED OF TRUST BOYNTON BEACH eRA Mar-2001 t242S/045Z $8,750 DEED OF TRUST KERN KEITH 0 TR Oct-1986 (t5049Lt~08 $100 QUIT CLAIM Exemptions Full: Municipal Government: $63,424 Year of Exemption: 2008 Total: $63,424 Appraisals Tax Year: Property Information Improvement Value: Number of Units: 0 Land Value: Acres: 0.18 Total Market Value: Use Code: 8900 Description: MUNICIPAL P = Preliminary Values Tax Year: Assessed Value: ~ Exemption Amount: Taxable Value: r Tax Values Tax Year: 200~_P :2007 2006 ~ Ad Valorem: 0 i(J 0 Non Ad Valorem: 0 0 0 ~"~""I Total Tax: 0 0 0 Tax Collector WebSlte http://www.co.palm-beach.fl.us/papa/aspxlweb/detail_ info.aspx?p _ entity=084 34521240000101 &styp=g... 10/05/2008 Palm Beach County Property Appraiser Property Search System ')af!e 1 l.l fr" . '^ , -,,~ " r ~~,' -., \_~,' -, I- "'- . :} f 0 n f< r ~ \' l [ . , ll\ ~""._..; , Property Information Location Address: SEACREST BLVD ~~,~..I Municipality: BOYNTON BEACH r Calculate 1 Parcel Control Number: 08-43-45-21-24-000-0103 I ,--\ .,-..------. ...,'.,-,<.'--_. --- . Subdivision: MEEKS ADD TO BOYNTON IN (.~t~,;, . J Official Records Book: 18883 Page: 295 Sale Date: Jul-2005 1\l'\tT.\C -.;idc !..eQ..aIDescriptlon: MEEKS ADD TO BOYNTON S 50 FT OF LT 10 (LESS R/W SEACREST BLVD) Owner Information ~ Name: BOYNTON BEACH CRA ~"'-,"'o",..ll Mailing Address: 915 S FEDERAL HWY I BOYNTON BEACH FL 33435 5612 Sales Information I Sales Date Book/Page Price Sale Type Owner I Jul-200S 16663/0295 $7,000 WARRANTY DEED BOYNTON BEACH CRA I i May-200S 16668/:1,950 $0 SUMMARY ORDER WHITE HAZEL a j Exemptions Full: Municipal Government: $31,664 Year of Exemption: 2008 Total: $31,664 I Appraisals I Tax Year: , Improvement Value: Property Information l I Land Value: Number of Units: 0 Total Market Value: I Use Code: 8900 Description: MUNICIPAL I P = Preliminary Values I i Tax Year: Assessed Value: ~ Exemption Amount: . ........ Taxable Value: Tax Values Tax Year: 2J)QsP 2007 2006 ~ Ad Valorem: !l;0 0 0 Non Ad Valorem: !l;0 ,0:0 ~""""\il Total Tax: !l;0 0 0 ' Tax Collector WebSite NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. t....._.lln~m" ^~ ...nl......_h"""'"h f1 l1",/n<ln<l/<l<;:mdUTPh/cip.tJ'lil info.asnx?n entitv=OR414521240000l Oi&~tvn=o IO/O'i/?()()R XII. NEW BUSINESS: B. Consideration of Adopting Economic Development Plan for CRA/City ~~ Lr'~~ . /~. ~,:~' ~~~~Y~T2~lC RA iiIIIi East Side- West Side-Seaside Rena",ssance eRA BOARD MEETING OF: October 14, 2008 I I Consent Agenda I I Old Business I X I New Business I I Legal I I Other I SUBJECT: Consideration of Adopting Economic Development Plan for the CRA/City SUMMARY: Under the Boynton Beach Assembly of 2007, the Neighborhood Revitalization, Affordable Housing, Business Development and Retention Sub-Committee was charged with the task of finding effective means to improve the economic health of Boynton Beach. The Sub-Committee recommended an Economic Development Plan be created to serve as an implementation guide for the City/CRA. The CRA contracted Scott Kline, an Economic Development Consultant, to prepare a plan that identifies where Boynton Beach stands today in term of its economic base along with current and future market trends, challenges facing the City, and current and future opportunities as well. This plan outlines the specific strategies and the resources that will be needed to overcome those challenges and to capitalize on the opportunities. The end goal is a more diversified and expanded tax base along with additional job opportunities for the community and an overall improvement in the quality of life for all residents. Input and feedback was solicited from the Boynton Beach Chamber of Commerce and from the City and incorporated into the plan. FISCAL IMP ACT: None at this time. CRA PLAN, PROGRAM OR PROJECT: All CRA Plans RECOMMENDATIONS: Approval of Economic Development Plan " ( GL,. C ., " \ a A. Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Economic Development Plan. doc eRA Economic Development Timeline: . 2005 CRA Business Genesis Program - to assist small businesses with business plan writing, grants and developer contact for retail/office space potential . 2005 Human Resources Study determined the CRA needed one FTE for small business development and one FTE for economic development (shared by City) . 2006 CRA funded both positions and failed to derive an economic development plan and create a small business program district wide . 2006 CRA Board placed a "hold" on these positions due to market decline and the development pro forma for "lnTown Partners" requested one FTE as part of their redevelopment program . 2007 City forgoes its shared partnership with the CRA for PBC Business Development Board and the CRA joins on its own . 2007 CRA Director and Chairman actively pursue economic development initiatives with and through the BDB to assist with a potential office market for Boynton Beach . 2008 the 2006 Boynton Assembly Implementation Committee makes recommendations to City Commission to improve City's economic health . 2008 due to severe budget constraints no funding available either at City or CRA for one FTE economic development position . 2008 PBC does not fund Development Regions Matching Grant Program for local municipalities leaving a huge small business funding gap up to $50,000 per applicant . 2008 PBC Commission appoints CRA Director to serve on the Board for the PBC Overall Economic Program Committee . 2008 CRA develops draft Economic Development Plan for CRA District to address the following: 1.) Promenade - CRA has two retail/office spaces (part of direct incentive program) 2.) Las Ventanas - 45,000 sq ft of small business opportunities 3.) Marina Village - existing retail vacancies 4.) Ocean Plaza - existing retail vacancies 5.) Sunshine Square - existing retail vacancies 6.) Winn Dixie Plaza - existing retail vacancies 7.) MLK - neighborhood retail 8.) HOB - retail opportunities . Chamber moves to Congress leaving small business void in CRA District and CRA to fill this void '" ECONOMIC DEVELOPMENT PLAN OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Prepared by: Scott Kline, Economic Development Consultant TABLE OF CONTENTS Executive Su m ma ry......... ,.................... ......... ,.. ,....,.............................,........................ ,.....2 Economic Profile: Popu lation........,...... ,........ ............ ,..... ...........".......................,.....,........,............ ,.. ...5 Race & Eth n icity....,........,.....,.....,...........,.......... ,..... ,....,..........................,..,..,..,... ...5 Ed ucation..,................................................ ,..........................,....................... ,....,.....,6 Age... ............,...... ..............,... ,......., .....,...... ,....,................................,........................7 La bor Force.............,........................,.................................................................... ...8 Income..,......... .......................,.....,.....,.....,... .....,...........,.......................,.....,..,.., ,.... ,9 U ne m p loyme nt....." .....................................................,..........................,...... .........9 F utu re Job Growth,...............................................,. ,............................................,13 Housing....... ..............' ...........,.....,......... ...... .............................. ........,.....,..., ....... ...14 La n d Use...............,.....,............,..........,.....................,.............................................l 5 Reta iI Ma rket.....,..... .....,.................,........,......... ,..........,.................. ,........ ,.......,...,16 I nd ustria I Market........... ............ ..............,..,.....,............... ,.. ,............................. ...18 Office Ma rket........,........,..,...........,..,.................,....., ,....,....................,...... ...... ......20 "- Imp I e men ta t ion... . ,.. .. , .. . ... .. , .. . .. . .. . .. . .. . ... .. . .. . .. . .. . .. . ... .. . .. . .. . .. . .. . .. , .. . ... ... ... .. . .. . .. , .. . .. . .. . .. . ... ... 24 Tech nica I Assista nce........................... ........,..,...........,... ..................................................24 Mea su ri ng Progress..........................................................,........,....................,..............., 24 1 I P age Executive Summary Economic development is defined as the process of creating wealth through the mobilization of human, financial, capital, physical and natural resources to generate marketable goods and services for the benefit of the community while expanding job opportunities and the tax base. In order to maintain, expand and diversify the economic base, an economic plan has been developed that identifies the challenges facing Boynton Beach's Community Redevelopment Agency (CRA) and the City of Boynton Beach along with opportunities for future economic growth. By strategically planning economic development activities today, resources can be allocated to be best utilized to overcome challenges and to capitalize on current and future opportunities. Over the past few years, significant redevelopment has occurred within the Boynton Beach CRA's boundaries; however, along with redevelopment came a softening of the real estate market fueled in large part by the subprime mortgage crisis. This in turn caused a subsequent decrease in the tax base. Recent figures indicate an 8.5% decrease in the city-wide tax base for 2008. Besides a soft real estate market, other economic challenges include, but are not limited to: 1. Relatively low level of wages for the area's workforce 2. Limited supply of available industrial land 3. National financial crisis with tightened lending requirements restricting the flow of much needed capital to small businesses and consumers. The crisis has contributed to increased vacancy rates across all of the major markets, including retail, industrial, and office markets of Palm Beach County and Boynton Beach 4. Increase in unemployment 5. Local government budget cuts 6. Increase in petroleum prices to record levels inflating prices of much needed goods and services, including food 7. Antiquated housing base within the eRA 8. Weak U.S. dollar resulting in high supply costs and higher prices for residents and local businesses 9. Weather conditions - threat of hurricanes and other natural disasters 2 I P age Despite today's challenges, many opportunities exist and significant developments are moving forward within the CRA. Large mixed-use developments along Federal Highway in the heart of the downtown area are in the process of being completed, both rental and homeownership projects. Numerous single family homes targeted towards the City's current and future workforce will be completed in the near future. Large residential developments in the Heart of Boynton Beach are moving forward. All these developments aid in: 1. Increasing the tax base while helping to offset an aging housing base within the CRA 2. Provide new urban housing opportunities for the City's residents and its workforce and 3. Provide opportunities for business owners to startup or relocate to Boynton Beach. Other future opportunities include, but are not limited to: 1. Available land and commercial space for redevelopment, including a marina and waterfront property within the CRA 2. Liquor license currently owned by CRA that can be used as an incentive to recruit new Eat/Drink establishments 3. Ability to redevelopment existing industrial land and to preserve it 4. Low inventory of office space as compared to other local markets 5. Record low interest rates 6. Other housing and mixed-use developments in the planning process 7. A diversifying population base 8. Strategic and central location 9. Possibility to capture future demand in industrial space due to the widening of the Panama Canal allowing Florida to now become the closest port for select exporting nations "'- 10. Weak dollar allowing exporters of goods and services to be more competitive in the global market place. Also, a weak dollar attracts further tourism dollars from outside the U.S. 11. Weather conditions - year round climate continues to attract new residents and tourists 3 I P age This economic development plan will identify where the City and CRA are today in terms of its economic base and will help guide the CRA in its efforts to successfully continue redevelopment. Specific goals are the redevelopment of the downtown commercial corridor the increase in the quality of life for its residents through increases in annual wages, Job and small business ownership opportunities and access to needed goods and services This plan identifies the vision, resources, partnerships, and planned activities of the CRA to accomplish these goals, 4 lpage Economic Profile Population Since 1990, the population within the City has increased by approximately 48% from 48,137 to 1 Despite past years of record growth, migration from outside the County has 67,908 . experienced a significant recent decrease. In 2007, the population within the County grew by only 99 individuals2. Emphasis on one year's growth must be taken in context in historical patterns; however, the overall economy in terms of the rapid increase in housing prices during the recent housing boom, high insurance costs, relatively low wages, and perhaps recent hurricanes have played a part in the stalled migration of individuals from outside the County. Historically, approximately 418,000 migrated to Florida during 2002-20063. Future population growth from 2007-2010 is expected to be half of that or approximately 209,000 people annually arriving in Florida3, According to Stan Smith, Director of the University of Florida's Bureau of Economic and Business Research, "A tremendous slowdown is forecasted over the next few years compared to what we've experienced during the last five years. The state has not experienced a decline of this magnitude since the mid-70s, when we were in a national recession." A contributing factor to the recent slow down in population growth is the slowdown in the housing market. The ability to relocate for most households is based upon the ability to sell an existing home. Conclusion: Population growth will primarily depend upon future job opportunities attracting workers from both within the County, from other areas of Florida and from outside the state. The level of property taxes, cost of homeowners insurance, overall cost of living, and other quality of life factors such as climate will also play a large role in the decision process of whether or not to relocate to the area. Race and Ethnicity A trend is occurring in which the number of non-Hispanic whites moving into the state of Florida and into Palm Beach County is declining. At the same time, an estimated 9,000 non- ". 1 U.S. Census Bureau, 2006 Population Estimates, 2000 Census, 1990 Census 2 U.S. Census, Population Estimates 3 Bureau of Economic and Business Research, University of Florida 5 IPage Hispanic white individuals left Palm Beach County in 2007. While the population of Palm Beach County and Boynton Beach is still predominately made up of as a whole of white non-Hispanic households, the area is experiencing a larger influx of Hispanic and black/African Americans as a percentage of the total net migration into the countl Race & Ethnicity 40000 -- ..- ---.----.--.... -. - ... ,.__.~..._- ,. -- 35000 . 30000 25000 20000 15000 . - .' 10000 . 'c' ~t 5000 , .. " _I 0 1: :J'''l'' ---...._--,.._~ ~ u~L. ------- White Black or American Asian Some other Two or more African Indian and race races American Alaska Nati\€ Source: 2006 American Community Survey Conclusion: The population within the City is becoming more diversified. As the level of diversification increases, so will the opportunities for small businesses catering to those specific ethnic populations. Education Level Between 1990 and 2004, the level of achieved education has improved within Boynton Beach. Today, of the population 25 years and older (approximately 44,000 individualsL 22.5% have had some college training, 8.3% earned an associate degree, 14% earned a bachelor's degree, and 9% earned a graduate or professional degree, Overall, 88.9% have a high school diploma or equivalent and 23.1% have a bachelor's degree or higher1. 12006 American Community Survey 6 I P age -_._--~-----_.._-"..._"---~_....,._~-_..._- .__. --. --- Educational Attainment II Less than 9th grade . 9th to 12th grade, no diploma o High school graduate (includes equivalency) o Some college, no degree . Associate's degree ."~"""'"" j . i;",,,,,,\:".'.\';:.t~'~'i:;'t,;JQ' .i" (.:.. .~.~ 1 " ~~::':,','~:' ".i,_;" -,. "V:~ \, -',-' 'L'r'~~-'~-t'.~, '.' .- ,.~. "C:,. 'i ".. . ..' ---.: " ",' .','. ---- --"-~.------------'-"---'-'----------'------....:.., .~-~~_._-- ~-~- -_..'--- -----' ----'--.'---. ----'-----~-----'---"-~._-"-----'---------- Source: 2006 American Community Survey Conclusion: The employment base has become more diversified and as a result more hirable than in the past; however, the City still lags behind neighboring municipalities. The CRA should help link residents to job training opportunities while continuously recruiting businesses to provide additional local employment opportunities. Job training opportunities include linking residents to programs offered through Florida Atlantic University, Palm Beach Community College, and other vocational/trade schools. Incentive programs could be created for small businesses to help offset the costs of the ongoing training of their employees needed to remain current or assist in bringing employees current with existing technology and trends. Age The median age within the City has declined from 42.5 in 1990 to 41.8 in 2000 to 38.5 in 20061. I ".......od..., Estimated Age of Boynton Beach Population 65 to ?~)'~~ ., " Source: 2006 American Community Survey 1 U.S. Census, 2000 Census, 1990 Census, 2006 American Community Survey 7 lpage Conclusion: This is typical of a younger population moving to Florida seeking job opportunities Also, retail and other service employment is typically comprised of a younger workforce, While the median age has declined, there exists a large segment of elderly households within the CRA Current and future opportunities exist for businesses catering to this population, Labor Force The current number employed within the West Palm Beach- Boca Raton Metropolitan Statistical Area (MSA) excluding agricultural employment is estimated to be approximately 563,560 individuals. The labor force within the City is estimated to be approximately 34,986. For the population 16 and older and within the City's labor force, the leading nonagricultural employment opportunities came from education services, health care and social assistance (23%) followed by retail trade (16%)1. 2008 West Palm Beach- Boca Raton MSA Labor Force and Wage Estimates Category - All Estimated Mean Estimated Median Estimated Entry Estimated Hourly Hourly Wage Hourly Wage Hourly Level Wage Experienced Wage 563,560 i $19.68 $15.02 $9.08 , $24.98 , i --- ~_J. ----.,-....-- Source: Florida Agency for Workforce Innovation Among the most common occupations were: . Management, professional, and related occupations, 34%; . Sales and office occupations, 30%; . Service occupations, 21%; . Construction, extraction, maintenance and repair occupations, 9%; and . Production, transportation, and material moving occupations, 5%. 85% of the people employed were private wage and salary workers. 10% were federal, state, or local government workers and 5% were self-employed. Conclusion: Boynton Beach has a slightly higher percentage of its labor force in the secondary labor sector (low wage retail and service sector) than Palm Beach County as a whole. The CRA should include businesses providing employment opportunities in the primary labor market in its recruitment efforts, 1 Florida Agency for Workforce Innovation 8 I P age Income According to the American Community Survey, the 2007 median income of households in the City was estimated to be $43,774 (2006 figures adjusted for inflation), lower than the County's median income of $53,149 for the same time period, also adjusted for inflation. Median household income in the CRA was well below the City's average at $40,9591. 70% of the households within the City received earnings and 17% received retirement income other than Social Security. 38% of the households received Social Security. The average income from Social Security was $14,090. These income sources are not mutually exclusive; that is, some households received income from more than one source2. Conclusion: The high percentage of households collecting Social Security skews median income downward. This is typical of a population with a large number in their golden years. Also, as previously mentioned, the City has a slightly higher percentage of its labor force in the secondary labor sector than Palm Beach County as a whole. With new and more diversified employment opportunities, this figure should proportionately increase. Unemployment As previously mentioned in the beginning of this plan, one of the challenges facing the CRA (and the City) is unemployment. Although Florida and Palm Beach County has enjoyed one of the fastest growth rates and highest employment levels within the past 10 years, the unemployment rate and the number of unemployment claims has risen over the past couple of years. In 2005, the statewide unemployment rate was 3.9% decreasing to a record low of 3.3% in May of 2006; however, in 2007 it rose to 4.0% and has continued to rise to its present rate of 6.8% as of August, 2008. On the local level, the County-wide unemployment rate is higher than the national and state average at 7.3% with 47,891 people unemployed. Unemployment within the City is lower at 6.4% so far for 2008, but higher than in previous years3. "'. 1 Median household income for the CRA was extrapolated from the 2006 Boynton Beach CRA Housing Needs Assessment, FlU Metropolitan Center and adjusted for inflation. All inflation adjustments were made using the inflation calculator from the Bureau of Labor Statistics 2 2006 American Community Survey 3 Florida Agency for Workforce Innovation, Labor Market Statistics Center 9 I P age National, State, and Local Unemployment Trends Unemployment Rates 200B-~ t IE Boynton Beach 2007 PBC 2006 II Florida , U.S, 2005 0.00% 2.00% 4.00% 6,00% Source: Florida Agency for Workforce Innovation By examining the trend of unemployment claims filed so far for 2008, the number can be expected to reach approximately 65,000 initial claims in 2008 as compared to 42,638 in 2007 in Palm Beach County, an increase of 52%, Also, as is typical in times of stagflation (where GDP retracts while inflation increases), the Consumer Confidence Index has declined significantly and reached an all time low in June, 2008 dropping to 591. Nationally, the index sits around 59.8 as of the end of September; however, the cutoff date for responses to the survey used to gauge consumer confidence was September 23 and doesn't capture the recent market plunge on Wall Street that wiped away $1.2 trillion in value from retirement funds, mutual funds and individual stock holdings. With the bail out plan for Wall Street having just passed on October 1st, there may be an increase in consumers' confidence in the economy. Below is a table released in September, 2008 showing changes in the number employed since last year in Palm Beach County along with the respective job classifications. 1 Florida Agency for Workforce Innovation, Labor Market Statistics Center 10 I P age Changes in Nonagricultural Employment - Palm Beach County Change from July 2008 to Aug Aug 2007 to Aug July Augus~ August 2008 2008 Industry Title 2008 2008 2007 Level Percent Level Percent - Total Nonagricultural 572,100 567,600 577,300 4,500 0.8% 5,200 -0.9% Employment - 505,400 507,500 511,100 -2,100 -0.4% 5,700 -1.1% Total Private - 57,000 56,900 62,300 100 0.2% 5,300 -8.5% Goods Producing - 39,500 39,500 43,700 0 0.0% 4,200 -9.6% Construction - 24,300 24,400 27,700 -100 -0.4% 3,400 -12.3% Manufacturing - 17,400 17,300 18,500 100 0.6% 1,100 -5.9% Service Providina Private Service 515,100 510,700 515,000 4,400 0.9% 100 0.0% Providina Trade, Transportation, and 448,400 450,600 448,800 -2,200 -0.5% -400 -0.1% Utilities 103,700 104,300 104,500 -600 -0.6% -800 -0.8% Wholesale Trade 22,800 22,800 22,600 0 0.0% 200 0.9% Retail Trade - Food and Beverage 70,400 71,000 71,600 -600 -0.8% 1,200 -1.7% Stores Health and Personal 14,400 14,600 14,700 -200 -1.4% -300 -2.0% Care Stores General Merchandise 5,800 5,800 5,700 0 0.0% 100 1.8% Stores Transportation, Warehousing, and 12,100 12,400 12,500 -300 -2.4% -400 -3.2% '"" Utilities 10,500 10,500 1 0,300 0 0.0% 200 1.9% Information 11,100 11 , 1 00 11,100 0 0.0% 0 0.0% Financial Activities - 38,500 38,900 39,900 -400 -1.0% 1 ,400 -3.5% Finance & Insurance 11 I P age I Depository Credit 25,100 25,000 I 25,200 i 100 I 0.4% -100 -0.4% i Intermediation . Professional and 7,500 7,600 7,800 -100 -1.3% -300 -3,8%'1 Business Services Professional and 122,100 123,500 122,000 -1,400 -1.1% 100 0,1% Technical Services Management of , Companies and 38,600 39,100 37,600 I -500 -1.3% 11,000 2 70/0 Enterprises I- ------L- L--l- Administrative and 8,900 8,800 8,500 100 I 1,1 % I 400 I 47% Waste Services -- ------ ---- ------ -+-- .-t -- --___ 74,600 75,600 I 75,900 I -1,000 -1.3% 11 ,30~ -1 7% Employment services____~------._f------- _________' ______ I _ Education and Health 43,500 43,500 44,700 II 0 0.0% 1,200 -2Pj(, Services I t Ambulatory Health 79,200 78,600 77,900 I 600 0,8% 1,300 1 7%. Care Services i I - 31,700 - 31,700 31,600--0-1-- 0,0% t--1OQ'--6jo70 Hospitals I Leisure and 16,500 --1~606---- 16,200 -100 -0.6% 'r-300 -'-19%- Hospitality i' =~! Accommodation and 69,100 69,400! 69,200 -300 1-. -44% ---100 --::O:10}o Food Services I 54,400 54,200 54,500 200 -I 0.4%, -100 -0,2% Accommodation t' , Food Services and 10,600 10,700 11,000'-' -100 ,-' -0.9% 1- -400 -36% Drinking Places .. i I' ~ 43,800-43,500e-- 43,500', . 300 I ..--0.7% '-- 3obT--(f.70k Other Services ~ i i t~ , 24,700 .-.-24,800 1--.- 24,200.-----:::100-+-- -0.4%; 500 I -21 % . i Total Government . I 66,700 - 60,100-- 66~260- 6,600 11,00/0- sooi--o'SO)o ! Federal 6,300 6,400 ---6,300" -100 -. -1,6% !----ot--oo% ~ State '__I i I . : 8,500 8,200 -- - 8,700 t--3QOT 3.7% I .200 r--=2:3% Local ., . ' I 51,900 . 45,501 51,200 I 6,400T 14.1 % 1-- 7001- 4'/, I 'I I - , __________n......_____ ~._____ _________L_______....L..._ _. . .L. Source: Florida Agency for Workforce Innovation Conclusion: Inflation along with the downturn in the real estate and credit markets has impacted the purchasing power of many households within Palm Beach County. Without consumer spending and without the ability to borrow capital, many businesses have not been able to retain their employment base. With regained access to credit for both consumers and small businesses, consumer confidence and lending should increase and unemployment rates should return to more historical patterns. The bailout plan that was just passed is anticipated to bring about the needed liquidity in the market place and induce banks to start lending again 12 I P age Future Job Growth Industry projections by the Florida Agency for Workforce Innovation provide a look into the job classifications expected to increase for Palm Beach County (Workforce Region 21). The largest increases are within Administrative Support Services, Professional, Scientific, and Technical Services, and Ambulatory Health Care Services. Future Job Growth Categories for Palm Beach County Emp10ymertt AnnuelGhfmge IndUstry Rank Gode Tit~e 2007 201& Total P~rcent 1 550 Management of Companies and Enterorises 9,654 13,853 525 5.44 2 621 Ambulatorv Health Care Services 32,742 46,433 1,711 5.23 3 712 Museums, Historical Sites, & Similar Institutions 699 962 33 4.70 4 540 Professional, Scientific, and Technical Services 39,663 54,207 1,818 4.58 Amusement, Gambling, and Recreation 5 713 Industries 13,410 17,830 552 4.12 6 610 Educational Services 8,368 11, 124 344 4.12 7 446 Health and Personal Care Stores 5,623 7,383 220 3.91 8 561 Administrative and Support Services 77,623 100,679 2,882 3.71 ISPs, Web Search Portals, and Data Processing 9 518 Services 1,766 2,290 66 3.71 10 524 Insurance Carriers and Related Activities 7,604 9,708 263 3.46 11 423 Merchant Wholesalers, Durable Goods 12,189 15,483 412 3.38 12 624 Social Assistance 7,825 9,929 263 3.36 13 515 Broadcasting (except Internet) 2,094 2,647 69 3.30 14 623 Nursina and Residential Care Facilities 12,793 16,115 415 3.25 15 442 Furniture and Home Furnishinas Stores 3,713 4,676 120 3.24 16 325 Chemical Manufacturing 1,018 1,281 33 3.23 17 339 Miscellaneous Manufacturina 1,590 1,994 50 3.18 18 812 Personal and Laundry Services 7,281 8,985 213 2.93 19 452 General Merchandise Stores 13,048 16,071 378 2,90 20 443 Electronics and Appliance Stores 2,644 3,238 74 2.81 t This table includes industries with a minimum of 500 jobs in 2007. Source: Florida Agency for Workforce Innovation ... Conclusion: The CRA should focus on recruiting the above industries and similar types of businesses most likely to continue to grow. Also, recruitment should focus on neighborhood goods and services to meet local unmet demand within the CRA. 13 I P age Housing "Future housing demand in the City of Boynton Beach will be largely determined by on-going and planned economic development activity that will result in expanded employment opportunities. Employment growth will occur through the retention and expansion of existing firms and new economic growth resulting from start-ups, spin-offs, and relocations to the city and the southern and eastern sections of Palm Beach County. Basically, populations follow job growth and the demand for housing will be defined by the location, type and wage levels of the City and County's future employment growth1." As previously mentioned, the large majority of the current labor force is comprised of workers within the secondary labor market (low wage retail and service sector occupations). These types of jobs are most affected by changes in the real estate market. It is critical to the City's economy to be able to house its workforce while simultaneously attract new businesses and industries offering higher wages and salaries. From 2002-2005, the City experienced a 16% los5 of renter-occupied units due to condominium conversions. The inventory of apartments decreased from 6,224 to 5,035 units. Of importance here is the majority of young professionals, who are most often the pioneers that move into urban redevelopment areas, are usually renters while starting their careers since entry-level salaries do not typically offer the ability for most of the young professionals to purchase their first home. The CRA needs to continue to build its residential rental base in order to attract the young urban professionals while building its inventory of quality affordable housing for homeownership to keep its workforce from moving to other parts of the County. Intermediate opportunities to rent exist within some of the new condominium and townhome developments; however, this is a short- term situation as a result of the downturn in the local housing market and does not meet current and future local demand nor affordability requirements. By the year 2025, 4,173 new workforce housing units (80 -120% of area median income) and 6,627 affordable rental housing units for new households earning 80% and less than area median income will be needed1. The CRA will is expected to absorb a significant amount of these units due to availability of land and other redevelopment opportunities. In the past few years, the CRA has actively acquired land designated for affordable housing and subsidized the cost to for-profit and nonprofit developers committed to quality workforce housing with several infill developments currently underway. Also, in order to match housing demand with supply, the CRA is one of the few CRAs in the state with a grant incentive program for first-time homebuyers. It should be noted that the eRA has received statewide and international recognition for its commitment to and knowledge of affordable housing. 12006 Boynton Beach CRA Housing Needs Assessment, FlU Metropolitan Center 14 I P age Conclusion: The CRA should continue to subsidize the cost of housing development in attempts to meet current and future housing demand and to work closely with the appropriate City Departments in expediting the development process (site plan related issues, permitting, etc). Also, the CRA should assist developers in accessing other subsidy sources from outside the CRA to help leverage the developers' and CRA's investments. The CRA should continue the down payment assistance program to assist in retaining and attracting its essential workforce. Through effective layering of various down payment assistance programs (State, County, and other local programs), the targeted income households can be served. Monitoring of the State and County down payment assistance programs will be necessary to effectively integrate the CRA's program. In addition the CRA could partner with existing Community Land Trusts (CLTs) in Palm Beach County to produce a permanently affordable housing stock while simultaneously preserving public subsidies for future generations. By partnering with existing CL Ts, startup and administrative costs can be eliminated. Land Use One of the prime factors in attracting new businesses and industries is the availability of commercial and industrial space. Over the past few years, industrial land was converted to residential in order to increase the tax base during a hot residential real estate market. The unfortunate consequence is that this land is no longer available for industrial use which typically provides for higher wages and salaries and also provides for more of a diversified employment base. In addition, industrial land typically requires less public services than other land uses which is critical during a time when the City's budget is constrained1. Strategic planning of the redevelopment of the downtown corridor is currently underway. Key to redevelopment of the area will be the creation of a central "downtown" area that has a uniform feeling or a sense of place. Much of the previously existing retail space within the CRA has been demolished or sits vacant awaiting redevelopment. These vacant sites along with vacant land have caused the central downtown district to lack a pedestrian oriented feel and sense of place. Existing businesses struggle due to these factors. Fortunately, the CRA had the foresight to acquire the marina in order to preserve public access to the waterfront. This should be the starting point on the creation of a sense of place within the downtown. Key to a ,- sense of place is fully-leased up commercial space. Commercial space within the marina currently has several vacancies. Adding to this vacant space will be large amounts of commercial space coming on line through neighboring mixed-use developments. The CRA can capitalize on this opportunity by focusing recruitment efforts to these spaces and helping to link 1 Palm Beach County Industrial Land Use Needs, IPARC Industrial Land Use Subcommittee 15 I P age businesses to the necessary capital. The CRA is currently reviewing designs and construction drawings to make the marina and existing downtown more of a destination for businesses to relocate to and the public to visit. Conclusion: Businesses thot cater to the seasonal and year round population should be expanded in the marina and downtown and morketed, such as jet ski rentals, kayaking, and other water activities including a water taxi. The CRA currently owns a handful of boat slips. These slips should be made available to new businesses and will also bring about a steady revenue stream to the CRA to help offset some of its costs. In addition, recent legislation that was passed requires the County to develop an Intracoastal Waterfront Economic Master Plan that capitalizes on its environmental asset. The CRA should partner with the County and be actively involved in the planning process. Also, any federal or state incentives should be explored to help offset the CRA's costs freeing up funds for other redevelopment activities. Also, it's recommended the CRA work with City staff on preserving the existing industrial land suitable for redevelopment. This can be accomplished by amending the current City Comprehensive Plan to include new goals and objectives centered on industrial land preservation. Interested property owners of converted industrial land should be encouraged to rezone their properties back to industrial. Other surrounding vacant and underutilized sites that may be suitable to be rezoned to from residential or from commercial to industrial should be examined and further explored to aid in the development and preservation process. Lastly, special marketing events have been underway and have resulted in large numbers of the public coming to the marina and other downtown areas. The CRA should continue to sponsor and put on these events. Retail Market The retail market has been one of the hardest hit segments due to the downturn in the housing sector and the decrease in consumers' disposable incomes caused by inflation. Vacancy rates have been increasing steadily over the past year. Large national retailers are riding out the downturn and temporarily putting expansion plans on hold until the economy recovers. Mom and pop establishments are experiencing a more difficult time causing problems as well for property owners in maintaining the lease-up of their spaces. Although the dominance of the Congress Avenue corridor will continue, new retail space in the marina and new retail space coming online (approximately 70,000 sq ft) along Federal Hwy in the heart of downturn will provide opportunities for small businesses catering to nearby existing and future residents once businesses are able to access capital. 16 IPage Retail Rents, Absorption, & Vacancy Rate Average lease rents have steadily increased over the past years despite the recent downturn in the economy. As of the 2nd quarter of this year, average lease rates (NNN) in Palm Beach County averaged $23.78. The Boynton Beach/Lantana submarket's average lease rate was $22.381. Net absorption of retail space continues to decline as weaker tenants continue to experience hard times due to the decrease in consumer spending and higher supply costs. New construction developments are limited which will aid in the stabilization of the market due to no over-building. Below is a table outlining significant trends in the retail market, including average asking lease rates and net absorption: Boca Raton 5,541,315 4.58% (90,824) 45,000 $28.75 Boynton Beach/Lantana 3,694,514 8.87% (216,173) 262,622 $22.38 Delray Beach 2,733,489 5.65% (60,446) 0 $22.77 Jupiter 2,492,886 5.40% (167,045) 0 $24.08 Lake Worth 4,086,797 9.89% (345,951) 37,806 $17.95 North Palm Beach 3,631,703 10.03% (287,301) 100,000 $25.98 Palm Beach 120,000 ---% --- --- --- Wellington/Royal Palm Beach 3,594,680 3.95% (117,688) 119,000 $28.03 West Palm Beach 4,503,046 7.27% (261,304) --- $20.37 , '\' ',' " 1 A ~ ~~ "OT4l~: ", "__, .:~ , ,BC}/39~iJ30, 6.95% t1i~46)13~J .i5fjJl}4~8 $23.Y8 , , . , Source: CB Richard Ellis, 2008 2 . Qtr Report The totals above reflect only properties with 25,000 sq ft or more of available retail space. Information will need to be gathered on other properties with smaller retail spaces. 1 CB Richard Ellis, 2008 2nd Qtr Retail Market Report 17 I P age Conclusion: The current level of vacancies will provide for ample space for new retail businesses wishing to startupJ expand or relocate to the CRA. An emphasis on restaurants and other Eat/Drink establishments should be the primary focus and can be incentivized by utilizing the liquor license currently owned by the CRA. With respect to the vacancy rates having increased, this factor bodes well for small businesses in negotiating with property owners for more favorable terms and concessions. The CRA should continue to fund and market the commercia! fafade program to assist retailers. Industrial Market Just as with the retail market, Palm Beach County's industrial market is experiencing corrections as evidenced by increases in vacancy rates, decreased lease rates, and overall negative net absorption. The correction can be attributed to the overall downturn in the economy with housing relating businesses taking a beating. It's anticipated the pattern will persist through the remainder of 2008. Vacancies will increase as more firms down size or move out from their existing buildings while at the same time new speculative projects will come on-line adding even more supply to the market1. Industrial Rents, Absorption, & Vacancy Rate The industrial lease rate in Palm Beach County averaged $8.34 as of the 2nd quarter of 2008 representing a decrease from the same time last year and is estimated to be a result of additional inventory coming on line and as a direct result of decreased operating costs which are (typically) passed onto tenants. Overall industrial leasing activity totaled approximately 386,000 sq ft countywide in the second quarter of 2008. Much of this activity occurred in the Boca Raton submarket. Sales of industrial land totaled 438,000 sq ft. Riviera Beach led the way in sales transactions of industrial space with approximately 240,000 sq ft. Tightened lending standards and increasing capitalization rates have impacted sales activity. The vacancy rate in Palm Beach County was 8.6% as of the 2nd quarter of 2008. The Boynton Beach/Lantana submarket's vacancy rate was higher at 13.5%1. Major efforts by both the government and private sector have focused on positioning Palm Beach County as a biotech and a research and development economy. In addition to Scripps Research Institute, other high tech relocations and start up companies are setting up 1 CB Richard Ellis, 2008 2nd Qtr Industria! Market Report 18 Ipage operations in Palm Beach County. Beginning early 2009, Max Planck, a German biotech firm is expected to be operating in its 100,000 sq ft facility in Jupiter. Palm Beach County Industrial Land m~~~~. ~~~g~mm m.. .... .mmmmm.~'.?~?''.Q~~ ..... ...m?:9~mmm~9.?'.?1?.m ..m mmm9 mm ....mmm mm$~g:~5.m. m m._?:~~ .1~.~':l~~ri~lmm... .. mmm. ..m~!~~~'.~?~mm 4.8 % {7 8, 7~?Jm . .......... m.m.=.~===m... .....m.mmm$~:?9.mmmm.~:~~mm .. Flex 3,887,938 5.2% 181,254 ----- $13.78 5.7% ..........................~......._._..._M ..................................... ...... .................................................... .......................................................... .......... .......................... ......................... .......... ................................................ .................................. ....................................... Delray Beach 3,346,767 10.7% (18,877) 0 $9.19 10.7% Industrial 2,394,261 11.6% 12,657 ------ $8.50 11.6% ........................... ........................... .... ........... ............................................... ............................................w..... ..................................... .......m......._....... ......_.. ....... ........................... ...m..................... ... ... ...................... ............. ................ .........................__.._......_. ....... ................................................... m~I~~mmm"mm .mm'mm ~??'.?.Q~__. 8.5 % ......mJ~~'-?~~lmm.. .....=.==.=_-=....._m_.mm.$~.9.:~~...... . ..mm...~:.?~m ~~y~~!?~~~~~~l~~~~~~_~..____ ~!.~~?'.!.~!'. ...!~~?~mm..mJ173, 17~t_mmm m ~mmmm$.?~?..~__.._.mm!~.3% ml~~~~!~i ~I .... ..mm ...................... .. ..... m._m_ 4:'.~_~~,Q~~ ......... m ~~:~~m. ..__J!~~,?~Q)____mm .~=====...........mmm. ....m$?:~~_. mmm!~~~~ ~I~~.m.. .mmmmm___. mmm_ mm~??'.~~_~ ............m~:~~m....._.J19,438)_m_ ..m======.mmmm. ..$.!Q~~.~.mm. 9.8% La ke Worth/Welling~<?~.~!.972,}.4.~m?:~% ...mmm?~'.?~? 4 7'~..?~..mmm. $?:~~.mm?:l % Industrial 3,340,207 4.6% 9,607 14,000 $6.95 4.6% ... ..........................- ......m ...._.........--.......... ................ ............... ............... -- -.-.......................... ................. .............-.......... .......................... ..... ................... ..................... __.._..... .. ......................... ........................ .. ..... .... .... .................... .................. .. .... .m.. ................ ........... ...... ............. ~I~>.'mm mm ..mm. .....m.mmmmm? ~?'?~~mmmm m!~:9.~ ..m~~.'~ ?~mmmmm mm??! ~?~mm .......mm ..m$~:~9..m_m~_~:O% ~~~!~~.I~ ~~~~~mm mm..~~!.!~'.~~? 7.4 % (~9,O!!lmm???.'??9..$~:9.~mmmm?:~ro .I~ d ustri a Immm. mm .. mmm ... m ......m~~!~~~'.?_~~ 6.3 % { 103,543 }mm.mm???'.?? 9. ..m mm .$?:?9.mm ... .~:~~. Flex 3,459,908 11.9% 54,532 ------ $10.60 11.9% .... ..........m........_ .............-......... ........-. ........... ................................................................................................................ ..... ........ .................. ...............................m_ .............. ...... ........................._...................... .. ................................................................. ... ~i~!~~~~~a c h .mm.m~9.!?~~'.??~m 9.2 % .......... .J!~~,~~?lmmm~?'.~~? .mm$~:.8!m.m mmm.~}% m~~d':l~!~i~I..mm... . .mmm_m~'. 3~~'.~.~_~. mm..~:9.~ . (l~~,-~~~). .....mm~~!~~?m mm$.E5:.?~_ ..mm..~:~ % m~.I~~............,.,mm.....mmm_mm..m!'--~_E5~!.~.~~.m!9.:?!om m.. m .......... {?~~ Lm m.mm.=.=.====..mmm.... mj_~.: l?mmmmmm~?:.~~ J':lpi~~ rmmmmmmmmm_m?!_~.~~'~~~m!~:l % 553, :3~?m ..m$~:9.:'!mm ..m_.~~:~% 19 I P age 11,577 I Industrial 2,751,571 13.4% 13,053 553,347 $8.50 13.4% Flex 874,852 16.4% (1,476) ------ $10.75 16.8% TOTALS: 53,384,031 8.6% (285,309) 940,057 $8.34 8.8% Industrial 41,129,071 8.2% (482,007) 906,099 $7.45 8.3% i Flex 11,800,601 9.9% 196,698 33,958 $11.46 10.2% Source: CB Richard Ellis, 2M Quarter 2008 Palm Beach Industria! Market Overview The above table does not include information about industrial properties space with less than 10,000 sq ft. Information will need to be gathered on other properties with smaller industrial spaces. Conclusion: CRA staff should work closely with commercial brokers and create incentives to attract new industrial-type businesses in order to compete with neighboring municipalities. eRA staff can work with individual property owners to become designated as Brownfields to access tax credits and other available incentives to encourage redevelopment. The existing commercial fa~ade program should continue to be marketed to industrial property owners and businesses as well. As previously mentioned in the Land Use portion of this plan" owners of previously zoned industrial land should be encouraged to rezone their properties back to industrial which will add to the available stock. Office Market Over the past few years, the office market in Palm Beach County has steadily grown. Boca Raton and West Palm Beach have become the office centers with more office space for lease than their neighbors combined. Given Boynton Beach's central and strategic location. opportunities exist for Boynton Beach to capture a larger share of the office market in Palm Beach County, especially in the Class A office market which is currently is minimal in Boynton Beach. Large tracts of undeveloped land exist within the downtown area upon which new office buildings can be developed bringing new job opportunities. The heahh care and professional services sectors have steadily grown and are expected to continue to grow which will require additional office space. Office Rents, Absorption, & Vacancy Rate Boynton Beach currently has approximately 348,063 sq ft of office space available for lease among the three classes with a majority within Class B (183,153 sq ft) as of the end of the 2nd quarter of 2008. Absorption is down along with asking lease rates and vacancies are up compared to the same time a year ago. In local economies that rely upon construction and 20 I P age banking for a large portion of total employment, such as Palm Beach County, there's a focus on business-to-consumer services and credit services (ex. mortgage lending). These types of economies are more violate to changes in the housing market. During housing booms, consumers have access to more disposable income (refinancing opportunities, profit from sales, etc.) and thus business-to-consumer firms generally do fairly well. In downturns in the housing market. the opposite occurs. These types of businesses layoff employees, reduce the scale of their operations, demand less space and/or sublet, adding additional inventory into the office marketplace1. Palm Beach County Office Space Overview Under Net Rentable YTD Net Construction Sq Avg Lease Rate Market Area Vacancy Rate Absorption Ft NNN Boynton Beach 348,063 19.5% (3,469) 0 $17.46 Class A 30.000 )c ----- ----- ----.. ----... Class B 185.153 23.3% 3,411 ----- $17.96 Class C 134.910 18.6% (6.880) ----- $16.89 Boca Raton 10,909,338 19.7% (73,425) 384,174 $18.71 Class A 5.303.659 14.6% 89.899 319.174 $21.33 Class B 5,408.627 24.4% (181.315) 65.000 $17..18 Class C 197.052 27.1% 17,991 ----- $16.50 Delray Beach 900,339 18.3% 14,446 ----- $14.84 Class A 40.000 20.0% 29.695 ----- $18.00 Class B 504.022 23.0% (20.982) ----- $14.71 ,,- Class C 356.317 11.5% 5,733 ----- $14.63 Jupiter 435,996 21.6% (15,626) 0 $15.59 1 Office Insight. CBRE Torto Wheaton Year End 2007 21 IPage I ---.~-~- -.-- _. . Class A _n__ n___ ______ ------ _n___ I I- Class B 354,613 25.7% - (15,626) _m_ $15.86- ~ I I Class C 81,383 6.2% _n__ __on $14.00 I - ~ Lake Worth 438,267 31.3% (53,546) 41,853 $13.45 ; r- - --. -t' .--.---.----- -.. ----1 I Class A _m__ -.---. ------ __n__ I nO_n ; ~ Class B 379,267 40.9% t (52,341) 41,853 - $13.45 ..- ~ I : Class C 59,000 17.2% (1,205) ------ n____ I r North Palm ---- -1 , 2,805,174 11.6% ! (1,702) 44,500 $20.51: Beach i , , :- Class A 1,203,999 7,6%---.-t--- 11,1-;5---.-+-- 44,500 -'--$22.88 ---' f Class B 1,326,923 15.9%-+ (11,814) - ___n_ $19.61 ----, I Class C 274,252 8.-0%- -r-'(l,06~- -.-------.----c--- $17.08- I Palm Beach 541,306 7.5%-- . -i~'-- (33,355)--,------;;-- ------- $54.89 .. j I Class A 132,626 8,7%- --- I (11,750) $62.21 I l-- -~--._+. - ..- --- , , . Class B 298,680 9.7% I (21.605) ------ $40.86 I ~ -- --..---+------- -.-- -- ----I I Class C i 110,000 n___. _m__ __n__ ------- ,I -i I l' .--. - . -- Ro al Palm 'I' y 296,578 4.1% I (2,000) 0 $27.00 Beach , I . I I ____._m_ __ _______...... Class A I 141,750 8.5% (2,000) ----'"- $27.00 I I Class B ___on ___n__ ___n__ ___nO' __nOn Class C I 154,828 m_O__ I ------ n_n~_ J __m__ --, I ' ~ I~ West Palm '--11 S'631'~, 18.5%----11'. --.-~36,59;-+---~~ '. $22.58 Beach i i I i . i : ! I I L__._~__._._.."__ 'n' u ____,_,_" /._ .. .~___.._ ~_.___ _____ ,,__l~_._ .____._. ._.L. _______ "".___..,_".___.__.___m_n'.....____._____,....,_.___.._.._n.m_,_"_..., ....,,_____.m.._._n_.....,_un. ._._ ~ n_.... _.___....._______ 22 I Page Class A 3,088,081 20.6% 188,038 ------ $24.91 Class B 2,006,145 18.0% (52,272) --..._-- $16.09 Class C 537,573 8.24% 829 ------ $12.98 TOTALS 22,306,860 18.1% (32,082) 470,527 $19.41 Class A 9,940,115 15.4% 305,057 363,674 $22.93 Class B 10,461,430 22.0% (352,544) 106,853 $16.93 Class C 1,905,315 10.5% 15,405 0 $15.07 Source: CB Richard Ellis, 2na Quarter 2008 Palm Beach Office Market Overview Whereas growth in the past few years has been led by the retail and construction activity, there's expected to be a shift from the current economic center to other types of activity. Future growth during the next 5 to 10 years will be led by exports (a weak dollar), corporate investing (continued large profit margins), and business-to-business services. Residential developers, retailers, and other business-to-consumer services will contribute less to overall growth than in previous years. What this shift means to the local market is increased vacancy rates, slower growth in rents, and the return of incentives and other landlord concessions1. The above table does not include office buildings with less than 30,000 sq ft, office condominiums, or medical and government buildings. Information will need to be gathered on those as well, also. Conclusion: With projects on hold due to the current credit crunch in the lending fields, absorption in the very near future will most likely be limited to affice space currently on the market or currently under construction aiding in the rebound of the office market. The CRA should focus marketing and recruitment activities to firms that provide business-to-business services and could incentivize lease-ups to capture a larger share of the office market. ~. Statistically, Boynton Beach lags far behind West Palm Beach and Boca Raton in the office market, especially Class A and B office spaces. Boynton Beach is strategically located near the center of the County providing access to southern municipalities and to Broward and Miami- 1 CB Richard Ellis, 2008 2nd Qtr Office Market Report 23 lpage Dade Counties. To the north, firms still needing access to the northern municipalities and to the northern portion of the state would be ideally situated in the Boynton Beach CRA, located just off of 1-95 and minutes away from Palm Beach International Airport. The CRA has a unique opportunity with its undeveloped and underdeveloped land near the intracoastal to capture a larger share of the office market. Implementation Implementation is a key component to economic development. A marketing campaign will need to be conducted to successfully reach new businesses and developers interested in building, expanding, or relocating to the area. A business relocation package consisting of economic data and other relevant information about the area, including available incentives should be created and made available that expand upon the opportunities outlined in this plan and the City's Economic Development Atlas. Incentives that focus on accessing capital, residential development, industrial development, and the development of office space should be maintained and/or created in such a way to set the Boynton Beach CRA apart from other coastal communities and other similar redeveloping areas. Staff will need to also actively network with professional peers and maintain involvement with professional organizations to promote the area. Organizations that should be included, but are not limited to the Business Development Board, the World Trade Center Organization, the Palm Beach County Economic Development Office, the International Council of Shopping Centers, and the Chamber of Commerce of Boynton Beach. In addition, regular contact with commercial brokers will be needed. To also assist existing businesses within the CRA, a new web page should be created listing the existing businesses, available job opportunities within the CRA, available job training opportunities, and commercial space available. Targeted businesses should include businesses that rely upon business to business services seeking office space and industrial space. As previously mentioned, business such as jet ski rentals & kayaking should be recruited for retail space within the marina. Technical Assistance A full-time professional staff person or a consultant should be added in FY 08 - 09 to assist in carrying out the Economic Development Plan, including providing the needed technical assistance to new and existing businesses, commercial brokers, and developers. Technical assistance will need to be provided to businesses interested in accessing not only the CRA's incentive programs, but other incentives such as the Brownfield program, Palm Beach County CDBG Economic Development Set-Aside grants, etc.. Initial efforts should focus on the redevelopment of the CRA, but could be expanded to encompass the entire City in the future An intern should be budgeted for to assist with economic development activities. 24 lpage Measuring Progress To effectively measure the results of the economic development efforts, a database should be established that will accurately depict annual median income within the CRA, the current number of businesses operating within the CRA, the type of businesses, number of employees, wage levels, amount of space currently owned and/or leased, and available space for businesses wishing to relocate or startup within the CRA. The database should be updated on a periodic basis. .... 25 IPage XII. NEW BUSINESS: C. Consideration of Recommending to City Commission to Allocate Funds to the MLK Corridor and Ocean Breeze Projects XII. NEW BUSINESS: D. Consideration of Approval to Offer a Marine Fuel Discount Rate to Commercial Tenants, Neighboring Vessels Occupying Slips and Police Marine Units ~~~,!Y~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: October 14,2008 I I Consent Agenda I I Old Business I X I New Business I I Public Hearing I Other I SUBJECT: Approval to offer a marine fuel discount rate to commercial tenants of the CRA's Boynton Harbor Marina, neighboring commercial vessels occupying slips within the marina basin and to the Police Marine Units. SUMMARY: The commercial vessels occupying the CRA's Boynton Harbor Marina and adjacent marina basin have recently been notified by the City of Boynton Beach Fire Department that they are to cease and desist with the fuel of their vessels by means of mobile fuel supply trucks. According to Section 42.3 of the NFPA 1, Uniform Fire Code, Florida 2005 Edition, there are many restrictions of the fueling process and the methods used by the mobile fuel truck. As a result of discussions with the Assistant Fire Marshall, the Board approved FY 08-09 marina dockage agreement was revised to prohibit the fueling of slip tenant vessel from mobile fuel trucks. In light of the current situation, CRA and Waypoint Marine, Inc. staff, have formulated potential ways to offer a discounted fuel price to these commercial vessels in an effort to provide an economic benefit to the local commercial fishing industry. The following is a list of suggested options for providing a discounted plan: . Eligible vessels: Any commercial vessel in good standing as tenants within the CRA's Boynton Harbor Marina slips. . Discount Rate for Gas fuel: Offer a $0.20 discount off the daily CRA fuel dock pump price. . Discount Rate for Diesel fuel: Offer a $0.30 discount off the daily CRA fuel dock pump price. . Method of Payment: Cash or company check. . Discounts will be offered Monday thru Friday FISCAL IMP ACT: Potential increase in marina fuel dock sales/revenue CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Master Plan, Boynton Harbor Marina Master Plan RECOMMENDATIONS: . Option 1: Approval to provide a $0.20 discount price for gas and a $0.30 discount price for diesel to Boynton Harbor Marina tenants in good standing as well as properly licensed commercial vessels occupying slips in the marina basin and to the City of Boynton Beach Police Marine units. . Option 2: Approval to provide a $0.20 discount price for gas and a $0.30 discount price for diesel only to Boynton Harbor Marina tenants in good standing as an addendum to the slip lease. _ W/~j~~ Michael Simon, Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Marine fuel discount request.doc XII. NEW BUSINESS: E. Executive Director Performance Appraisal -. r;. ~~ ~" r ,'" ~~~~Y~T2~CRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: October 14,2008 I I Consent Agenda I Old Business I XI New Business I I Public Hearing I I Other I SUBJECT: Executive Director Performance Appraisal SUMMARY: Attached is the executive director's summary sheet and composite score of individual board member's review of past year performance. FISCAL IMP ACT: None. RECOMMENDATIONS: None. a~~A~ A ey BU~ley Administrative Services Manager & HR Administrator T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\09 10-14-2008 Meeting\Executive Director Evaluation.doc , \ !. , \ " "~~~"'! ''\.~. " ..... ~ ~~~ctY~Te~tC . .. .. . . East Side-West Side-Seas'lde Rena'lssance TO: Chairman Taylor & CRA Commissioners FROM: Lisa Bright, Executive Directo~ RE: Annual Review /' DATE: September 29, 2008 During the past fiscal year the CRA accomplished a broad range of strategic initiatives in an effort to implement a long term plan for redevelopment Some of the past year's accomplishments include: . Conceptual completion approval of the Downtown Master Plan . Conceptual completion approval of the Marina Master Plan . Conceptual approval of the Master Development Agreement for the MLK Corridor Project . Purchase of Platinum Gold Licenses to remove a nuisance business . Approved Downtown Parking Plan . Approval of CRA Policing District contract . Approval of Transit Study for Traffic Concurrency Exemption Area (TCEA) . Executed 20 Homebuyer's Assistance Applications totaling $1.1 Million . Executed 7 Residential Improvement Grants totaling $140,000 . Executed 4 Commercial Fa<;ade Grants totaling $60,000 . Purchased 2.5 acres for 4th/5th Street Project . Resolution to the CRA Boundary Amendment Issue . Constructed 3 single-family infill homes in partnership with local CDC . Constructed 3 single-family infill homes in partnership with Habitat for Humanity . Continued refinement of Seacrest Boulevard Streetscape . Issued RFP for Insurance Brokerage Services . Issued RFP for Marina Management Services . Issued RFP for Auditing Services . Issued RFP for Ocean Breeze Project, selecting American Realty . Monitoring and expansion of CRA Trolley Program . CRA recognized by PBC Housing Leadership Council Page 1 of 2 . CRA recognized by Florida League of Cities for Workforce Housing . International Downtown Association guest speaker recognition for AffordableM'orkforce Housing initiatives . Planned, coordinated and executed Special Events-Holiday Extravaganza, Boat Parade, Heritage Festival, Ocean Front Concert Series and Salute to Independence-July 4th . Secured $50,000 Event Sponsorship with Auburn Development . Organized Board's participation in three development opportunities: Board Training Workshop in Ft Lauderdale, Council of Development Finance Agencies conference and International Downtown Association conference My goal is always to strive for continuous improvement of agency accountability. In this regard, I made it my personal mission to meet with the Palm Beach County Commissioner's whose districts are in Boynton Beach. This was accomplished by one-on-one meetings with a review of the CRA's 2007 Annual Report. The Annual Report received an award from the International Downtown Association at its recent international conference in Calgary, Canada. Lastly, I was appointed by the Palm Beach County Commission to serve as the CRA liaison for the Overall Economic Development Committee. I also received a nomination for the Executive Women in Leadership. This past year, much like every year, brings new challenges, new changes and new directions for both my professional and personal growth. I have enjoyed serving the CRA and City over the past three years and I am ready for the challenges of 2009. lib Page 2 of 2 I eRA Executive Director - 2008 Performance Appraisal Scores from Board of Directors I Administrative - Oral Competency Organizing - Communication & Written Across All Job Knowledae Plannina Leadership Interpersonal Adaptability Negotiation Communication Scores Competency Scores Chairman Jerry Taylor 5.0 4.6 4.0 4.3 4.7 4.9 4 4.5 Vice Chairman Rodriguez Board Member Ross 4.0 3.6 4.2 4.0 4.3 4.3 5.0 4.2 Board Member Hay 4.3 4.0 3.9 3.3 4.3 3.9 3.5 3.9 Board Member Weiland 5.0 4.8 4.7 4.3 5.0 4.6 4 4.6 Summary Score I 4.6 I 4.3 I 4.2 L 4.0 I 4.6 I 4.4 I 4.1 I 4.3 I Performance Summarv (Usina a 1-5 Doint scale Weighted Summary Scores Weight Scale Scores 1. Job Knowledge 4.6 15% 0.69 2. Administrative- Organizing - Planning 4.3 15% 0.64 3. Leadership 4.2 25% 1.05 4. Interpersonal 4.0 10% 0.40 5. Adaptability 4.6 10% 0.46 6. Oral Communication & Negotiation 4.4 20% 0.88 7. Written Communication 4.1 5% 0.21 IFinal Overall Score 4.32 I '--- - , City of Boynton Beach .::;:::i;:j:::i;::!:::i:::F:!::i;::i:::F::!:::F::!:::~:::i;::F::~::i:::!;::j:::!.::!:::!:::!::' iI_~lj Community Redevelopment Agency Builds a Better Way of life in Boynton Beach !\l/'~ Welcome to the premier issue of CRA "FYI", an annual publication dedicated to expanding your knowledglt of what the Boynton Beach Community Redevelopment Agency does, how it operates, and, what benefits it brings to our residents and city. ~ Redevelopment will always be,a pribrity in a diverse and densely populated state like Florida. The Florida State Statute 163.335 cautions "there exist in counties and municipalities of the state, slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, I and welfare of the residents of the state". To address those issues and aid in the revitalization of our cities, CRAs were created. T Across Florida, 141 active community redevelopment agencies work every day to build better communities. Because they do much of their work quietly behind the scenes, a lot of people aren't aware that CRAs are the mechanism through which many new housing units, thriving shops and businesses, job opportunities. community improvements and beautification efforts, and outdoor venues and festivals are funded. As our eRA applies its skills, expertise and funding provided by properties in the CRA area that increase in value, we've seen a Boynton Beach where commerce and investment, affordable housing, culture and entertainment, and community pride have reached exciting new benchmarks. Our CRA wit! continue to playa leading role in ensuring that the quality of life in Boynton Beach keeps getting better and better. ::::::::c?)r Boynton Beach Community Redevelopment Agency ~~f?r~8IRA _ East Side-West Side-Seaside Renaissance - - I I - - ;li~J;i::J~!~~[::tl&Jjl!~,l!~rr}~!:;I::~~:!:!~~ll:~~~\~~!!:::]~:j~;;!~:~:::~~j~::!q!!~~r~)::~Jl~:::j~~~~~~1jl!1 " \, , ~..,'~ ~:..,~I:1t ~;a:;,1v;~;,.l) ..'~,... .'';\",~l -c' ;i~ ,'~ J ' ",-.., ~ ~~/> J ~I~I~.-'\ I j ~ '"'"~.. 1, 'f~ J'~;~~;~:~~f?;~ ~r~,,~\~':'/,'~ ~\', :,C 'f:~~~~1 ;~~~":.,'" ':J,~~'O:(~?:?:~. ,,:,~~~;'v.j/:;;~;: ~~f~~ <:, ~,;'w\',.;"...~~ t" M!~;';;'~."" ~'~ ~"R ,',\;, u 'e ~~' Ji~" "", ,<" ~,.,.".~" ,'" H ~~,o~~'ft~: '",tr,,-'i;:, \ !.~I~~, %'/1;'~ 1~Jt<';:/,,,,,,,.~\~,~ :;t;,<e ,~,;/"'" ~~~.;~ :::::-~' Whi~ ' ~.,Afl,.~t "~M ,.,J." ,~",,, j~.~ " '" ~J ., " ~,., ,,~f!!IJ e8.". ,',< .,..~ ~,.. ~"" ,,,J:L"', ,";.;.' :;' , 11 ""'4~'j;",.,"'~h''< ;!r\j~.W,.!If'~"*' ~"t1J\)! ;,<"~,, '~"'''"~~' ~ , '''~j ,~ ~~#\'i " ~~!l'i :,;. .: '. ,',:. _M ,~J!" ' ,,~~L'f ""., It / }"" ~ ,t."."",,,!?,~,,,, "'k.fI,.~, "" , , """~,.",.,,,it',,,,~.,,~,,..,, ,. e ~m:;tl' lCJ1Adt~~ "i" . 1'!lH~'''' " ,. 'j,~~.,r?'I.'~"''',ru. '1_~1~~~~ 'w~]'" ""'~ 'f"' <Il, 'am t\t'" . ~:Qixei" ~ ~ I1t" .. ',f . 'ijr -, .","}"'::w ',:~,?~:/~~;~~~ ~ -'it~'J ., '~:' .. ,1-- . ..':', .. fJ" , ,""",'$' , "..,,,..., ,'" " .' "'>it'..... j ,..,. ~'l ,- ...,,1 :.~ .:~, -':~MBLVD. eRA History and Facts ~}$ ,.1 'i:i ~ " " '. 'w" ; ,:::t ;" + ,Z,,'" . The Boynton Beach Community Redevelopment Agency is a loca ':~~i~~~;~~1~~~;;lf;i. body established in 1982 under Chapter 163 of the Florida Statui to eliminate or prevent the spread of slum and blight conditions, promote crime reduction and provide for affordable housing. . Initially responsible for 180 acres east of Federal Highway, the Agency's district was expanded to 1,650 acres along the east sic " . -, ,. of Boynton Beach. It is comprised of five sub-districts identified . ' ' ." ~, as Federal.Highway, Heart of Boynton, Boynton Beach Blvd., " Town Square, and Ocean Avenue. . The CRA Board consists of five elected City of Boynton Beach officials: the mayor, vice mayor and three city commissioners. :;,,:'.;:j~,~;k';~'1. ;iil~ ;a.H&~;1 - \ ;-- - City of Boynton Beach Community Redevelopment Agency Builds a Better Way of life in Boynton Beach Welcome to the premier issue of CRA "FYI", an annual publication dedicated to expanding your knowledge of what the Boynton Beach Community Redevelopment Agency does, how it operates, and, what benefits it brings to our residents and city. l ~ Redevelopment will always be,a pribrity in a diverse and densely populated state like Florida. The Florida State Statute 163.335 cautions "there .exist in counties and municipalities of the state, slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, + and welfare of the residents of the state". To address those issues and aid in the revitalization of our cities, CRAs were created. Across Florida, 141 active community redevelopment agencies work every day to build better communities. Because they do much of their work quietly behind the scenes, a lot of people aren't aware that CRAs are the mechanism through which many new housing units, thriving shops and businesses, job opportunities, community improvements and beautification efforts, and outdoor venues and festivals are funded. As our CRA applies its skills, expertise and funding provided by properties in the eRA area that increase in value, we've seen a Boynton Beach where commerce and investment, affordable housing, culture and entertainment, and community pride have reached exciting new benchmarks. Our CRA witt continue to playa leading role in ensuring that the quality of life in Boynton Beach keeps getting better and better. :::::::~CJYr Boynton Beach Community Redevelopment Agency ~~RY~8lRA iI East Side-West Side-Seaside Renaissance - - I \ - - . .. I; eRA History and Facts .,j .~ ::Jl ,j ';11 ..;:~ .~ ...~, + . . . The Boynton Beach Community Redevelopment Agency is a loca Jax~~s(~~ iOi:~rjj~,,~mlll~nt. , body established in 1982 under Chapter 163 of the Florida Statu .; to eliminate or prevent the spread of slum and blight conditions, promote crime reduction and provide for affordable housing. . Initially responsible for 180 acres east of Federal Highway, the Agency'S district was expanded to 1,650 acres along the east sic .'<:J::;".Ji;i:\:;;,':,~:,' ., ..' , ." ....... of Boynton Beach. It is comprised of five sub-districts identified \1.> Taiba$etoJ~viOv~cn~$~rerrialnseon",*ahhi$ .. . as Federal,Highway, Heart of Boynton, Boynton Beach Blvd., . ".~If.t~~"t Town Square, and Ocean Avenue. . The CRA Board consists of five elected City of Boynton Beach officials: the mayor, vice mayor and three city commissioners. ;~~~~~ ='. .-.':~, .':. :'; -.: ~"-:";: "_'. , _ ~ - 0 - \ : . . . . .0- Ja:uV' aJOtdg CluuAJ2r,;, jlPU:YI Ir~111 sp;)r;soJlI IdC1!lJc101!1r'dpd) j~'lIi} ~ i-Jue ;J:-)ucj~!C)dch-_) lit!. '1M) pa:), P1j 1:1 )1 1.:11 fldJ\iJU=) ;Hd " :l1lft) [!';W Ii AjJ~lcJoJri UUII"!LII' !, i' :1', I .':'1 ' ,,/.,,(', ....." , ~"''''''' lll,Jr!(JJ:j i" I 11' 'I ) ,I:J: j Ij 'P'll J I ~ : ( ) f I ,,(, : '111 ); i C ~ : 1\ j r!, (I :_HJ \/' Ill, ll,i '....I~~I'q jlj,)lll;:-l':";J'h~., , L' \ J':J [,J] ell; . ... .. Jl /\:' 1<-1!; lJ:' . (~i) L" I U J: J tjl1q-'W1"1 s~,,_:tJi ~"Ic_l I.' [:1 ::'lllj;-JUJ~.r\I/l(jllJI 1[11 < 'IX ) ~ 1;.1, 'I' I )'.1!J)'1'<] ',;f i.) ,llj) , S L 1ll/'tO /q j~idUJII wnJ;'I,dl.J(J:) Iii i.' 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The CRA's special events sponsorship program combines private funding with public resources to cost-effectively produce annual events such as the Heritage Celebration, 4th of July Salute to Independence, the Oceanfront Concert Series, and the Holiday Extravaganza. "It Is gratifyinlll to know that, in addition to providing famlly-oriented activities and entertainment, these popular free concerts and festivals are having II positive effect on our local economy through events related spending by attendees~ said CRA Executive Director Usa Bright. IIJ"RY~T81: RA ill Eo~ Side-West Slde-Seasi....l\en.issance - I -