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Agenda 01-12-10
q N TCQ YA H,C East Side— est Side—Seaside Renaissance CRA Board Meeting Tuesday, January 12, 2010 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order - Chairman Jerry Taylor 11. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda V. Announcements & Awards: A. Ocean Avenue Concerts B. Movies on the Ave. VL Consent Agenda: A. Approval of Minutes - CRA Board Meeting December 8, 2009 B. Approval of Period Ended December 31, 2009 Financial Report C. Monthly Procurement Purchase Orders D. Approval of ILA to Reimburse City for Engineering and Design Expenses Related to Seacrest Streetscape Project E. Approval of Table at Chamber of Commerce Annual Recognition & Installation Luncheon F. Approval of Sponsoring the Palm Beach County Business Development Board's 2009 Familiarization Program (FAM) G. Approval of Table at Chamber of Commerce Annual Dinner Dance H. Approval of Commercial Facade Grant for South Florida Mastercraft L Approval of Commercial Facade Grant for Smithcase, LLC VII. Pulled Consent Agenda Items: VIII. Information Only: A. CRA Policing Activity Report for the Month of December 2009 and District Statistics for the Months of November and December 2009 B. Public Comment Log Monthly Update C. CRA Media IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Old Business: A. Consideration of Issuing an RFP for 8 Lots in MLK Corridor B. Consideration of Lien Release for Village Homemade Ice Cream C. Consideration of Amendment to HAP Program D. Review of Project and Contract Status and Option to Cancel Agreement with American Realty regarding Ocean Breeze XI. New Business: A. Consideration of Economic Development Programs 1. Commercial Rent Subsidy Program 2. Business Signage Improvement Grant Program 3. Commercial Interior Build -out Program B. Consideration of Proposal from Community Caring Center to Provide Funding of $35,000 - $50,000 XII. Future Agenda Items XIII. Comments by Staff XIV. Comments by Executive Director XV. Comments by CRA Board Attorney XVI. Comments by CRA Board XVII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. r t YAF,4� I qh�{T I RA East Side -West Side—Seaside Renaissance CRA Board Meeting Tuesday, January 12, 2010 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order - Chairman Jerry Taylor H. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda V. Announcements & Awards: A. Ocean Avenue Concerts B. Movies on the Ave. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting December 8, 2009 B. Approval of Period Ended December 31, 2009 Financial Report C. Monthly Procurement Purchase Orders D. Approval of ILA to Reimburse City for Engineering and Design Expenses Related to Seacrest Streetscape Project E. Approval of Table at Chamber of Commerce Annual Recognition & Installation Luncheon F. Approval of Sponsoring the Palm Beach County Business Development Board's 2009 Familiarization Program (FAM) XVI. Comments by CRA Board XVII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. TIT 6ifY0"1I_A1;KIJ� VAM*6-�a Movies on the Ave. Ocean Avenue Movies on the Ave. ( Ocean Avenue Movies on the Ave. 1 Ocean Avenue Movies on the Ave. j Ocean Avenue Movies on the Ave. 1 Ocean Avenue V. ANNOUNCEMENTS & AWARDS: A. Ocean Avenue Concerts �• ` YNT A�CRA East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 Consent Agenda I I Old Business { I New Business I I Public Hearing I X I Other SUBJECT: Ocean Avenue Concert — Friday, January 15, 2010. SUMMARY: • On Friday, January 15, 2010, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post and Rick Lococo will present an Ocean Avenue Concert, • The Bulldog Rock & Roll Band will be performing. • This FREE concert will take place from 6:00 PM to 9:00 PM • Located at the Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. • Food and Drink vendors are available. • Please bring your folding chairs. • Parking onsite. • No pets please. FISCAL IMPACT: Budgeted in line item 02-58500-480. RECOMMENDATIONS: None Kathy Biscuiti Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01- 12-10 Meeting\Feb 2010 Ocean Avenue Concert.doc FA 0 00 V. ANNOUNCEMENTS & AWARDS: B. Movies on the Ave. YNTC1 d,]OE A IZA East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 Consent Agenda j I Old Business I I New Business I I Public Hearing I X I Other SUBJECT: Movies on the Ave. — Friday, February 5, 2010. SUMMARY: • On Friday, February 5, 2010, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post will present a Movies on the Ave film screening, • The award winning musical Hairspray, PG, will be the featured film. • This FREE event will take place from 7:00 PM to 9:00 PM • Located at the Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. • Food and Drink vendors are available. • Bring your folding chairs or blankets. • Parking available onsite. • No pets please. FISCAL IMPACT: Budgeted in line item 02-58500-480. RECOMMENDATIONS: None All Kathy Biscufti Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\O1- 12-10 Meeting\Feb 2010 Movies on the Ave.doc movies on TAI AVI. jqy�Tpa i~ East Side—West S)de—Seaside Renaissance .VI• CONSENT AG-ENDA: roval 0f Minutes - 2009 A• App ecember 8, CRA Board Meeting D MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD TUESDAY, DECEMBER 8, 2009, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Woodrow Hay, Vice Chair Jose Rodriguez Marlene Ross Ron Weiland I. Call to Order — Chair Jerry Taylor The meeting was called to order at 6:30 p.m. II. Pledge to the Flag and Invocation Lisa Bright, Executive Director Jim Cherof, Board Attorney Vice Chair Hay offered the invocation followed by the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. IV. Agenda Approval None A. Additions, Deletions, corrections to the Agenda B. Adoption of Agenda Motion Mr. Weiland moved to approve the agenda. Ms. Ross seconded the motion that passed unanimously. V. Announcements & Awards: A. Small Business Development Program Orientation — December 10, 2009 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December S. 2009 Kathy Biscuiti, Special Events Director, announced the Small Business Development Program orientation would be held at the Carolyn Sims Center on Thursday, December 10th, from 6:00 p.m. to 7:00 p.m. The three-month program will be administered by the TED Center of Delray Beach and will run continuously. County Commissioner Priscilla Taylor and FPL's Tony Newbold, who is also Board President of the TED Center, will serve as guest speakers. The program is currently limited to 25 students per class and registration has been successful to date. Lisa Bright, Executive Director, noted staff had allocated $30,000 in the CRA budget in anticipation of the CRA Board changeover. A favorable turnout for the program was anticipated, and it appeared the continuous operation of the program would exhaust the funds allocated for this purpose. It was noted that pursuant to the 2010 schedule, Classes A, B, C and D will run from January through March. Ms. Biscuiti announced the annual Holiday Boat Parade, scheduled for Friday, December lith, commencing at 6:30 p.m. All boats will converge at the Boynton Inlet and continue on south to the C-15 Canal. The parade could be viewed from the Boynton Harbor Marina. Food and beverages will be available for purchase. The judges include: Jim Williams of JMWA Architects and incoming Chair for the Chamber of Commerce; Chuck Magazine, the City's Risk Manager; ♦ Tim Burger, a disc jockey with WIRK; and ♦ An avid boater (his name was not provided) who has worked on the Boat Parade committee for several years. There would be no VIP section for City officials. Two Georges Restaurant will be setting up outdoor tents and will offer food and beverages for purchase at reasonable prices. CRA staff will also set up tables and chairs. A large waterfront area will be available for viewing. The Toys for Tots drive will coincide with the Boat Parade, and it was hoped all attendees would bring toys. Letters were sent to all citizens residing along the water in the hopes that they would donate toys as well. Sea towboats would pick up the donations from residents' docks. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 8, 2009 Mr. Rodriguez had spoken with "Steve," at Two Georges. Steve had advised that the CRA requested two tables, one for the CRA and one for the Chamber, and he assumed the CRA table was intended for the CRA Board. Ms. Biscuiti indicated tables would be provided for the Boynton Chamber of Commerce, the Boat Parade committee members and the judges. Ms. Bright commended Ms. Biscuiti for her excellent work on last Saturday's very successful Holiday Extravaganza. She also noted the CRA offices were already filled with toys for the =toy drive, and she credited Ms. Biscuiti and Ms. Majoy for this early success. Chair Taylor attended the concert and commended staff for a superb job. Despite the rain and chill in the air, the turnout was wonderful and the concert was a tremendous success. VI. Consent Agenda: A. Approval of Minutes — CRA Board Meeting - November 10, 2020 B. Approval of Period ended November 30, 2009 Financial Report C. Monthly Procurement Purchase Orders D. Approval of Sponsorship for the Habitat for Humanity Collegiate Challenge in the amount of $500 E. Approval of Sponsorship for Special Events from Rick Lococo - $2,000 F. Approval to submit Water Taxi Facilities Grant application G. Approval of CRA Community Committee Meeting Process H. Approval of CRA district 2008-2009 Comparison Police Stats This item was pulled by Ms. Ross for discussion. I. Approval of Survey for Consideration of Modification of Branding This item was pulled by Mr. Rodriguez for discussion. I Approval of DMP 5 -Year Action Plan Update 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 8, 2009 This item was pulled by Ms. Ross for discussion. K. Approval of Funding for Ralph Desir up to $50,000 from HAP Motion Mr. Weiland moved to approve the consent agenda, with the exception of those items pulled for discussion. Vice Chair Hay seconded the motion that passed unanimously. VII. Pulled Consent Agenda Items: H. Approval of CRA District 2008-2009 Comparison Police Stats Ms. Ross brought this item to the Board's attention as she felt the information was important. She highlighted statistics contained in the staff report which noted that southern CRA crimes over the past year had been reduced by 2.7%. Matt Immler, Police Chief, advised the City Commission had been receiving emails from residents in the southern portion of the CRA district regarding an increase in crime and concerns that crime would worsen. Statistics are reviewed by the Police Department almost daily in order to combat crime. Chief Immler had previously provided Mr. Rodriguez with a Comstat (computer statistics) report which compared a two-week period in the current year with a two-week period in the previous year. Statistics were viewed as a predictor as to where a problem might occur rather than as a "report card" reflecting the Police Department's performance. Comstat is a method by which a police force is deployed based upon hard evidence. The Police Department holds weekly Comstat meetings to review crime statistics, intelligence, neighborhood complaints and any other information that might be pertinent to the community. A decision is then made as to deployment. Holiday deployment is currently being addressed and, as such, most of the discretionary patrol is deployed in the Mail and other shopping areas along Congress Avenue. Chief Immler explained flex forces in the City were comprised of the CRA Police unit and Community Action Team (CAT). The flex forces are utilized to their maximum capability and are immediately deployed where needed. CRA staff provides a monthly report to the Board reflecting projects such as search and seizure warrants and neighborhood complaints which also are addressed immediately. One of the larger cases involving the CRA Police unit pertained to burglaries in the southern part of the City. A number of arrests had been made as reflected in the report. Ten more arrests were made this year over the preceding year. Another case in which the CRA unit was involved pertained to an arrest made of the owner of the Atlantic Lodge. The owner had been 0 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 8, 2009 involved in fencing stolen property. The CRA Police units had been able to recover stolen goods through the use of surveillance, informants and other undercover capabilities. While a conviction was handed down last week, the Police unit was still attempting to take possession of the property. The comprehensive report reflected a decrease in crime in the southern end of the CRA district. While a similar decrease was observed in the City overall, decreases or increases in the 2%, 3% or 3.5% range were considered more of a normal crime fluctuation. Chief Immler noted crime was currently 17.5% lower than in 2004, shortly before he became the Police Chief. Mr. Rodriguez opined that notwithstanding the statistics provided, he had been receiving a deluge of emails and telephone calls from citizens in the southern portion of the City where crime apparently had not been reduced. He asked that the Police Force continue its proactive stance. Chair Taylor felt the Police Force had been proactive, as witnessed by the arrests made relating to the motel and strip club operations. Additionally, holiday deployment at the mall and along Congress Avenue resulted in little, if any, criminal activity last year. Unlike the cities of West Palm Beach, Boca Raton and Delray Beach, when a crime is committed in Boynton Beach, the perpetrators are apprehended and arrests are made. Chair Taylor commended the Police Department for a superb job. Vice Chair Hay concurred with Chair Taylor, adding the Police Force has continued to do a phenomenal job. Vice Chair Hay had been advised that District II was perceived as a high -crime area. Chief Immler explained that District II was not a high -crime area, but rather a high -call area. Vice Chair Hay suggested measures be taken to correct misperceptions regarding District II. Ms. Bright added that in addition to the crimes and arrest statistics set forth in the monthly reports provided to the Board, calls -for -service statistics were also included by Sgt. DeGuilio. Motion Ms. Ross moved to approve item H. Vice Chair Hay seconded the motion that passed unanimously. I. Approval of Survey for Consideration of Modification of Branding Mr. Rodriguez referred to the Board's action at the last meeting directing staff to explore the renaming of the downtown area. Mr. Rodriguez did not believe there was k, Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 8, 2009 any value or incentive in renaming the area "Old Towne." Additionally, a cost factor would be involved as reflected in the staff report. Motion Mr. Rodriguez moved that the Board deny moving forward with this at all and leaving things as is. Chair Taylor seconded the motion. Ms. Ross was not firm with renaming the area "Old Towne." However, she was eager to obtain feedback from the business community and believed an identity was important. An undefined area would be more obscure. She had observed what Palm Beach County, as well as what other states and cities had done and believed it would be very effective to have a certain brand, not only from a marketing perspective, but from an overall community sense as well. Mr. Weiland could not agree to move forward at this time but could do so after the downtown was more established. Vice Chair Hay agreed he could consider moving forward with this issue when the time was right. The motion passed unanimously. J. Approval of DMP 5 -Year Action Plan Update Ms. Ross brought this item to the attention of the Board and wanted to ensure the major updates were noted. Ms. Ross noted the brownfield resolution excluded mixed- use districts within the Central Business District at Ocean Avenue and Federal Highway. The exclusion would also prohibit property owners from drawing down the job creation tax credit incentives and 6% sales tax construction tax credit incentives. The CRA would have to bear part of the cost to assist property owners. Ms. Ross wanted to be sure the Board was aware of this as she believed the Board would be asked to reconsider the brownfield issue. Ms. Bright believed there appeared to be a good deal of confusion about the Central Business District area in the Downtown Master Plan. She noted the area stretched all the way to Ml.K Boulevard and just south of Ocean Avenue. Previous discussions included whether to include a historic district in the area. If the CRA were to support the developer of the Bank of America site, the CRA would be responsible for the cost of the brownfield designation or for assisting the developer in terms of incentivizing the particular area. Ms. Bright requested the Board take a position with the Downtown Master Plan. There would not be much she could do in a particular budget year if the Board did not 0 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 8, 2009 appropriate monies for the Downtown Master Plan activities. The commercial activity areas at Seacrest and MLK Boulevard were readily available tools for the development community and every source of funding was necessary. Ms. Bright noted residents' concerns with the eminent domain process. She advised that legislation had been signed by Governor Bush on May 11, 2006 prohibiting the eminent domain process. Pursuant to Amendment 8, private property could not be taken without a vote of three-fifths of the Legislature. As such, Ms. Bright wanted to ensure residents were aware that the process was complex and against the Constitution of the State of Florida. She also wished to dispel the misconception that the CRA would take private property for public redevelopment. Vice Chair Hay believed clarification was needed before proceeding. He did not wish to block existing development. However, in reviewing the brownfield map, he felt there were too many unanswered questions with regard to properties to be declared brownfields. He noted the brownfield areas were limited to commercial and industrial uses. Vice Chair Hay suggested the CRA Executive Director and Legal Department review this further. Mr. Rodriguez indicated the map was not comprehensive. The resolution adopted by the Board was limited to commercial and industrial zoned parcels. He agreed with Vice Chair Hay that further work was necessary on this issue, but believed this should be left to the City Commission to handle. Ms. Ross reviewed the 13 major action plan updates as set forth in the staff report, which she believed were important. She requested clarification with regard to the enterprise zone. Ms. Bright advised the enterprise zone was similar to a brownfield designation with incentives included. Unfortunately, however, the Governor had not designated any city in the State of Florida an enterprise zone for the past two years and his office did not anticipate any such designation would be considered in the near future. Ms. Bright requested that Ms. Harris advise the Board as to the amount of funds allocated for the enterprise zone. Susan Harris, Finance Director, advised $20,000 had been designated for the enterprise zone. Ms. Bright requested that if the City Commission were to table the enterprise zone issue, CRA staff would request direction from the Board to reallocate the funds for any individual property owners for whom a brownfield designation would be helpful. N Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 8, 2009 Vice Chair Hay requested a "ballpark" figure for the cost of a brownfield inspection report. Ms. Bright advised the cost would depend upon the legal work and surveying required. However, she felt $20,000 would be helpful with regard to several of the properties that would require a brownfield designation within the CRA. She would keep the Board apprised of anyone wishing to work with staff and legal counsel on the issue. Chair Taylor inquired whether any Board member wished to make a motion to transfer the enterprise zone funds which would not be utilized. Motion Ms. Ross made a motion to move the enterprise zone funding to brownfield designation funding as needed. Vice Chair Hay seconded the motion. Ms. Bright clarified the monies would be used for remediation and to remove the brownfield barrier in order to take advantage of the job creation tax incentives and the 6% savings on the construction costs needed for the brownfield designation. Vice Chair Hay inquired whether the Downtown Master Plan included the Seacrest and MLK corridors. Ms. Bright replied in the negative, adding one of the intentions under the Economic Development Five-year Action Plan was to include a brownfield designation to create redevelopment incentives. If the Commissioners approved the designation, they would determine where in the CRA district they wanted the designation. Additionally, an overlay district could be created, allowing any individual to opt out. If the brownfield designation were not approved by the Commission, each parcel would have to be individually surveyed by CRA staff, with the necessary expenses incurred. Ms. Bright noted staff had attempted to have the entire CRA area designated a brownfield in 2008, and a presentation to that effect had been provided in March 2008 by Greg Veday of the Treasure Coast Regional Planning Council. In May 2008, the City Commission voted unanimously to abandon the brownfield designation. This year, Buck Buchanan, as President of the Chamber, asked that the CRA revisit the brownfield issue. Ms. Bright noted staff was currently aware of two sites that would need assistance, and she would appreciate the ability to work with the individuals immediately if possible. Vice Chair Hay would support staffs request. However, he was not comfortable with designating only District II as a brownfield area, as reflected in the map. He felt there had to be areas other than District II that needed brownfield tax credits. Chair Taylor pointed out that the map before the Board was not comprehensive and at the last City Commission meeting, the Commissioners had been provided with a map of Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December S. 2009 the entire CRA area with all of the designations included. He reiterated the Board would not be voting on the brownfield designation. The motion would allow the $20,000 to be used as a tool for the CRA until the City Commission made a determination regarding the brownfields. If the brownfield designations were approved, the funds could be reallocated by the Board at a future meeting. The motion passed unanimously. VIII. Information Only A. CRA Policing Activity Report for the month of November 2009 and District Statistics for the months of October and November 2009 B. Public Comment Log Monthly Update C. CRA Media D. Economic Development Activity Report IX. Public Comments: (Note: comments are limited to three minutes in duration) Victor Norfus, 261 N. Palm Drive, believed Quantum Park and MLK Boulevard had previously been designated enterprise zones. While Quantum Park had been developed, MLK Boulevard had not. He was not certain why staff had discussed bringing back an issue that already existed. Secondly, he did not believe the brownfield issue had been discussed at any of the community meetings, and he contended no one was aware of the issue. Chair Taylor explained the brownfield issue had been discussed at a number of meetings and citizens from Mr. Norfus' community had commented on the issue, both positively and negatively, at the meetings. Ms. Bright believed confusion existed with regard to the motion made in March calling for staff to hold a public meeting immediately in order for the community to provide input as to the manner in which the $1.6 million should be spent. On May 12, 2009 the Community Committee's recommendations were brought forward by CRA staff and approved by the CRA Board. Ms. Bright noted the issue had been discussed for two years and was included in the Five Year Master Plan. Currently, however, the issue was at the Commission level. The Citizens Community Committee meetings were a means of imparting information to the community. The last Citizens Community Committee meeting held October 12th focused on the Heart of Boynton and those issues were 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 8, 2009 being addressed as part of the overall work program approved by the Board on May 12th. The agenda for that meeting reflected discussion on the Downtown Master Plan Five -Year Action Update and "Economic Development -The Brownfield Designation Program." Chair Taylor added the matter would be addressed at the December 15th City Commission meeting. Vivian Brooks, Assistant Director, noted the economic enterprise zone referred to by Mr. Norfus was not the enterprise zone referred to by Ms. Bright. The previous designation was targeted toward industrial uses and was not a Florida enterprise zone. Victoria Castello, 406 Seacrest Blvd., inquired of Attorney Cherof whether he had observed any inconsistencies in the CRA Agency Board's actions and statements at the November 10, 2009 meeting regarding the Downtown Master Plan and their statements and voting record as City Commissioners at the November 17, 2009 meeting. Attorney Cherof replied that he had not, adding Ms. Castello was referring to two separate legal entities -- the City Commission and the Community Redevelopment Agency Board, each of which had its own goals and missions. Ms. Castello suggested Attorney Cherof contact a former City Attorney and Mayor with regard to a lawsuit levied against the City that resulted from a "flip-flop." Steven Drucker, Village Homemade Ice Cream, noted he and a partner had purchased a retail condominium at Marina Village several years ago at the time of the downtown revitalization. The property was secured by a mortgage. Mr. Drucker and his partner had opened an ice cream shop and obtained grants in the amount of $50,000 from the County and $50,000 from the CRA. The business failed as a result of the economic downturn, and the bank was prepared to foreclose on the property. Bank officials were willing to do a short sale provided the partners could reach an agreement with the CRA and the County. The appraised value of the business was less than 50% of what the partners owed. Mr. Drucker noted he was personally on the verge of bankruptcy as well. Ms. Brooks noted the County's grant had been provided pursuant to an economic development program. However, the County stopped providing the grants two years ago as a result of the economic crisis. Ms. Brooks noted the CRA was responsible for the entire $100,000 as the grants were tied to the creation of jobs. Ms. Brooks had anticipated receiving a proposal from either Mr. Drucker or the bank with regard to the indebtedness. She suggested Mr. Drucker appear before the Board with the proposal as she was not authorized to make policy decisions. Mr. Drucker acknowledged he did not have a proposal at this time. He confirmed that the lender's attorneys were taking measures to begin the foreclosure process. It was 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 8, 2009 believed once the foreclosure process had been finalized, neither the City nor the CRA would receive any monies. Attorney Cherof informed the Board that Ms. Brooks was correct. The first step was for either of the parties to provide a written proposal as to the action they feel should be taken by the Board with respect to reducing the indebtedness. Mr. Drucker advised the bank was expecting to do a short sale. The bank officials believed that with all the foreclosures pending, it would be 18-24 -months before they could foreclose. While the bank officials would rather dispose of the property at a reduced rate, the encumbrance of the CRA lien prevented them from doing so. Ms. Brooks noted the lien would be repayable if jobs were not created. For new businesses replacing out -of -business operations, the County allowed the CRA to count those new jobs toward the job creation obligation. If an agreement could be reached with the CRA, it would enhance the bank's ability to sell the property and equipment. Pursuant to the request of the Board, Mr. Drucker would provide a letter from the bank. Attorney Cherof inquired whether the property or the business was the subject of recent ongoing litigation. Mr. Drucker responded neither he nor his partner had any problems other than the inability to operate a successful business. Mark Karageorge, 240A Main Boulevard, requested the CRA move forward with the brownfields, enterprise zones and transit district initiative which were necessary in order for the City to become a destination point. He believed it was important to provide the CRA with the tools necessary to establish economic development. With regard to the brownfields, it was known that owners of a particular business were prepared to open in District III, and this would create 200 jobs. However, in order for this to happen, a brownfield designation was needed. No one else having come forward, the public comments were closed. X. Old Business: A. Consideration of Environmental Clean-up — 1002 MLK Blvd./Betty's Place Ms. Brooks noted the CRA had been under contract with Mr. and Mrs. Roberts for their property at the corner of MLK and Seacrest Boulevards. The property was commercially zoned. Due diligence had been completed with a Phase I environmental assessment which indicated a gas station was formerly located on the site. Thereafter, a Phase II environmental assessment was conducted and while a tank was discovered, no soil or water contamination had been detected. The tank measured 8" x 4" and contained a bit of petroleum. The DEP (Department of Environmental Protection) recommended the 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 8, 2009 petroleum be removed and a tank closure be performed. The cost for the removal and disposal of the tank would be approximately $15,000. The average "Mom and Pop" operation could not afford to purchase the property, set up the business and have the environmental remediation performed. As such, the CRA would clean up the property and prepare it for development. As the tank cleanup would disrupt the business operation of Mr. and Mrs. Roberts, following discussions with Attorney Cherof, staff recommended a closing be held on the property, with the tank cleanup to follow. Chair Taylor agreed th&cleanup project should move forward. As the contract was contingent upon a clear environmental assessment, Mr. Rodriguez felt staff should advise the property owner of the findings of the environmental inspection and offer to reduce the property by $15,000 or at least split the cost with the homeowner. Attorney Cherof noted that could be done. The contract with the CRA provided a cancellation clause if unsatisfactory conclusions were noted in the environmental inspection. Vice Chair Hay felt it was important for the area to be cleaned up and developed. For the amount of money involved, he believed the Board should move forward and show due diligence in an effort to take positive measures for the area. Mr. Weiland felt the property owner should be responsible for the full cost. However, as noted by Chair Taylor and Vice Chair Hay, for the amount of money needed to clean up the property and move the project forward, he would begrudgingly go along with the recommendation, He would not want to see the deal fall apart and would, therefore, approve the project. Ms. Bright pointed out the area was considered by staff to be a key commercial property, and was important to the community. The citizens had noted their interest in local commercial retail. As the CRA owned the Jesus House of Worship, the opportunity would be available, if the CRA were to purchase the property at 1002 MLK Boulevard, to have a small building constructed by a commercial developer to provide the incubation type of businesses sought by the community. This would also tie in with the Heart of Boynton plan and the goals of the Community Committee. Ms. Bright noted the area was considered by the CRA Police to be the second highest crime spot in the City. Motion Vice Chair Hay moved that the Board recommend approval of keeping the closing date of January 25, 2010 and the expenditure of $14,910 +/- (plus or minus) to conduct the underground tank storage removal and closure. Mr. Weiland seconded the motion that passed unanimously. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December S. 2009 B. Consideration of Deeding a portion of CRA -owned Land to Palm Beach County Ms. Brooks noted the request related to the streetscape project for Seacrest between Boynton Beach Boulevard and the C-16 Canal. Seacrest Boulevard was a County road with federal funding administered by the State. The City was installing medians in the streetscape to allow for beautification and landscaping. The medians required U-turn areas. As such, staff proposed that the U-turns be planned on property owned by the. CRA so that there would be no additional acquisition costs relating to the project. A deed, which was included with the meeting materials, had been reviewed by Attorney Cherof. Also included was a sketch and a description of the right-of-way. Ms. Brooks stressed the County would not approve the project without the tum -around. Motion Vice Chair Hay moved to approved. Mr. Weiland seconded the motion that passed unanimously. C. Consideration of Options on Mortgage Foreclosure -HAP Recipient Kathleen Barbee Mike Simon, Development Director, noted the Board had approved the distribution of Homebuyer's Assistance Program (HAP) funds of $50,000 to Ms. Barbee in November 2007. The closing was held December 3, 2009. On October 29, 2009, the CRA was served with a complaint for foreclosure by HSBC Mortgage. Staff sought direction from the Board on the manner in which to answer the complaint. The options presented in the staff report were the same options presented to the Board in September for a similar situation regarding a Homebuyer's Assistance Program (HAP) recipient. Attorney had suggested the following options: ♦ Option #1 was to file an answer only. If the foreclosure were to go through and the property was sold, some or all of the monies left over after satisfaction of the first and second mortgages would be provided to the CRA. ♦ Option #2 was to file an answer and cross-claim to foreclose on the CRA's third mortgage. The Board had previously approved Option #1 for the aforementioned Homebuyer's Assistance Program (HAP) recipient, which was to file an answer only and for the CRA to be kept apprised of the foreclosure proceedings. The CRA had an option in its mortgage that allowed a first right of refusal to purchase the property for the appraised 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 8, 2009 value. This option had not been previously exercised. The CRA had not heard from the bank as to their short -sale offer. Ms. Ross expressed concern that more complaints of this nature would be received. In fact, a complaint had already been presented to the City Commission. At this point, she was hoping the Board would set a precedent and consider Option #2 as people could come into money at some point, and the CRA's judgment could be satisfied. Mr. Weiland agreed with Option #2 as well. He could not justify Option #1. Chair Taylor inquired whether there was any way to track persons relocating out of the State to determine whether they indeed came into money. Attorney Cherof advised it would be difficult to do so. Individuals holding judgments could request an asset or records search to track persons every few years, but the results would be "hit or miss" at best. Mr. Rodriguez believed the Board had an obligation to consider Option #2. While the situation was unfortunate, the Board would not be causing any damage to Ms. Barbee. The Board would be filing a response in order to protect the interests of the taxpayers of Boynton Beach. If at some point in the future, or during the sale of the property, there were monies remaining, the monies would be returned to the CRA. Attorney Cherof agreed that no damage would be caused to Ms. Barbee and at a minimum, Option #1 should be considered. Option #2 would be an add-on with no significant additional costs involved and would result in a judgment against the homeowner. Monies to satisfy the judgment could be collected if Ms. Barbee were to win the Lottery or come into money by other means. Ms. Ross agreed with Option #2 which would provide the opportunity to collect monies in the future. Mr. Weiland believed Option #2 would protect the citizens of Boynton Beach. The $395 cost to file a cross-claim would allow the CRA to place a lien against the homeowner. If the homeowner ever came into money, the homeowner would be required to satisfy the judgment. Option #1 would result in a losing situation for all three parties. Vice Chair Hay noted his support for Option #1 to file an answer only. If the foreclosure were to go through and the property were sold, and if money was left over after satisfying the first and second mortgages, the CRA would receive some or all of the remaining money. Option #2 would be "wishful thinking" as he did not feel the homeowner would win a lottery. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 8, 2009 Motion Mr. Rodriguez moved for Option #2 at this point. Ms. Ross seconded the motion. Chair Taylor pointed out from comments made, it appeared the CRA would be faced with more of these cases. As such, he suggested the program be examined to determine whether the CRA should continue to provide the funding. Chair Taylor requested this issue be addressed at the next meeting in January to reconsider the funding. Mike Simon noted that after the last approval, $180,000 remained for the program, with $150,000 to be distributed to RTG Properties and $30,000 to the general public. Vice Chair Hay pointed out that each time the Board was faced with a foreclosure complaint, it would cost the CRA $395 if Option #2 were selected. The motion passed 4-1 (Vice Chair Hay dissenting). Chair Taylor inquired whether the Board wished to provide direction for staff to place a hold on the program pending further discussion of the issue in January. Motion Mr. Rodriguez moved to put a hold on the program until the Board had recommendations to review in January. Vice Chair Hay seconded the motion. Mr. Simon noted Assistant City Attorney Jamila Alexander was currently working on this particular foreclosure, and in comparison, she mentioned foreclosure notices had been coming through almost weekly with regard to the City's programs. Ms. Harris pointed out to the Board that the Agency had an existing contract with RTG which ran through June 2010. As such, she questioned whether staff would be able to put a hold on a request for funding. It was Attorney Cherofs understanding that the motion would apply to any new transactions, and not anything for which the CRA was under contract. He added the CRA was bound by its contractual obligations to RTG in the event application was made. Mr. Rodriguez inquired whether the program could be modified and, if so, whether RTG would be bound by the modified program. Attorney Cherof advised he would review the language of the contract to determine the CRA's obligations at the time the contract was entered into. He agreed to bring back his findings to the January meeting. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 8, 2009 Keturah Joseph, of the Boynton Beach Faith -Based CDC, cautioned the Board against curtailing a very good program. While there were foreclosures nationwide, the lowest incidences of foreclosures were observed in affordable housing. Mr. Rodriguez pointed out the program funds were allocated by taxpayer dollars and as such, were subject to a different level of scrutiny. Ms. Bright stressed the CRA's primary business involved affordable housing. As the Boynton Beach CRA could not be the only CRA experiencing foreclosures, staff would research other CRAs to determine the manner in which foreclosures were handled. There was no vote on the motion. Piotr Blass, 113 West Tara Lakes Drive, mayoral candidate, commented his vision for the City would include a 10 -year moratorium to stop foreclosures in the City and allow citizens to remain in their homes while paying what they could afford. Chair Taylor emphasized this was not possible as the banks, and not the City foreclosed on properties. XI. New Business: A. Consideration of Work Order with REG for Master Plan of Sara Sims Park Ms. Brooks noted the item related to the Heart of Boynton redevelopment plan. Under a continuing contract with the CRA, REG was proposing a conceptual master plan for Phase I of Sara Sims Park. The master plan would be incorporated into the Recreation and Parks Department's overall parks plan and would hopefully be funded in the future by the City and CRA through a Five-year Capital Improvement Plan. The proposed work would enhance Sara Sims Park and align the main entry of the Park off Seacrest with 9th for a more impressive entrance. Monies were available for this project from Heart of Boynton funds. Staff recommended approval of the REG work order. Motion Vice Chair Hay moved to approve. Mr. Weiland seconded the motion that passed unanimously. B. Consideration of Executive Director's performance Appraisal Chair Taylor reviewed the appraisal with the Executive Director. Ms. Bright received an overall score of 4.25% after averaging all of the Board members' scores. Chair Taylor 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December S. 2009 noted Ms. Bright's evaluation was outstanding, as the highest score one could achieve was 5%. He commended Ms. Bright for her leadership and guidance over the past year which resulted in countless accomplishments by her and the CRA staff. While Ms. Bright was certainly deserving of a salary increase, in light of the economic crisis, no one would be receiving a salary increase. Motion Mr. Rodriguez moved to accept the performance review. Vice Chair Hay seconded the motion that passed unanimously. XII. Future Agenda Items A. Consideration of Economic Development Programs 1. Rent Subsidy 2. Signage Improvement program 3. Tenant Improvement XIII. Comments by Staff None XIV. Comments by Executive Director Pursuant to a discussion at the November 10, 2009 meeting, Ms. Bright was attempting to develop a plan with Joe Zalman, Executive Director with the Palm Beach County Housing Authority, to obtain 26 parcels of land to become part of the CRA's Urban Infill Housing Program. Ms. Bright would keep the Board apprised of the progress made on this issue. With regard to the Chinese Drywall problem at the Preserve, Ms. Bright advised the Board that Attorney Cherof was addressing the issue and assisting those residents where possible. The City Manager and Development Director were working on a business retention program with the Chamber. Ms. Bright informed the Board she had been asked by the City to participate in a business survey to determine the needs of the business community and the manner in which the community could be assisted by either the City or CRA. A first meeting was recently held and the survey was scheduled to go out in January. 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December S. 2009 XV. Comments by CRA Board Attorney None XVI. Comments by CRA Board Mr. Weiland reiterated earlier comments made by the Board. He commended Ms. Biscuit! for a flawless job on last Saturday's parade and concert. He also extended kudos to the Executive Director and her staff for their excellent teamwork and for a job well done. Ms. Ross enjoyed the parade and expressed gratitude to the staff for the wonderful event. This was the third time she had attended the parade and concert and it was good to see the citizens lining the streets each year. She felt the chill in the air added to the festivities. Ms. Ross and her guests took pleasure in the music of Gloria Gaynor and that of the opening band. Mr. Rodriguez wished everyone a Merry Christmas and Happy Holidays. He asked that staff call him at home if they needed any help with the Toys for Tots drive. Chair Taylor noted he had received at least three telephone calls with respect to the Chinese Drywalls, asking what the City would do about the problem. Two of the calls were from people west of the City boundaries. He referred all callers to the City Attorney's Office as the situation was a nationwide legal issue. He suggested all such calls be referred to the City Attorney's Office. Vice Chair Hay commended staff for a job well done and to continue in this direction next year and in years to come. XVII. Adjournment There being no further business to discuss, the meeting property adjourned at 8:24 p.m. c� Stephanie D. Kahn Recording Secretary 120909 IN A�-E�-�A: ON SENT V1.I, C er 31.) 7,009 d D ecemb eri°d Enke rt royal °f P cial hep° � • App Finan yANT 2 rl�C RA East Side --West Side --Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 X I Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending December 31, 2009. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve December financials. Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\Financial Report.doc 1-05-2010 04:54 PM 1 -GENERAL FUND INANCIAL SUMMARY 'EVENUE SUMMARY T.I.F.INCOME MARINA RENT & GRANT INC COTAL REVENUES 3XPENDITURE SUMMARY LEGISLATIVE ADMINISTRATIVE FINANCE INSURANCES PROFESSIONAL SERVICES PLANNING BUILDINGS & PROPERTY MARINA COMMUNICATIONS & TECHNOLO CONTINGENCY MARKETING SPECIAL EVENTS EMPLOYEE BEBEFITS DEBT SERVICE TRANSFER OUT TOTAL EXPENDITURES REVENUES OVER/(UNDER) EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: DECEMBER 31ST, 2009 16 OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 6,818,294 6,818,294 4,238,364.00 4,238,364.00 0.00 2,579,930.00 37.84 926,700 926,700 0.00 145,226.68 0.00 781,473.32 84.33 7,744,994 7,744,994 4,238,364.00 4,383,590.68 0.00 3,361,403.32 43.40 49,750 49,750 1,069.11 1,686.77 0.00 48,063.23 96.61 209,725 209,725 961.60 17,682.68 0.00 192,042.32 91.57 148,270 148,270 203.21 8,641.45 540.00 139,088.55 93.81 101,750 101,750 0.00 57,725.72 0.00 44,024.28 43.27 376,000 376,000 2,689.53 ( 39,075.69) 80,000.00 335,075.69 89.12 208,600 208,600 602.99 16,919.33 0.00 191,680.67 91.89 470,190 470,190 17,767.99 69,303.90 26,400.00 374,486.10 79.65 926,700 926,700 2,738.55 153,329.58 0.00 773,370.42 83.45 57,860 57,860 680.23 9,640.61 0.00 48,219.39 83.34 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 140,702 140,702 383.24 12,174.88 8,655.00 119,872.12 85.20 95,052 95,052 176.61 7,415.61 1,349.91 86,286.48 90.78 228,824 228,824 5,656.07 22,283.59 0.00 206,540.41 90.26 3,119,526 3,119,526 0.00 0.00 0.00 3,119,526.00 100.00 1,512,045 1,512,045 0.00 0.00 0.00 1,512,045.00 100.00 7,744,994 7,744,994 32,929.13 337,728.43 116,944.91 7,290,320.66 94.13 0 0 4.205,434.87 4,045,862.25 116,944.91)( 3,928,917.34` 0.00 i 1-05-2010 0, PM 01 -GENERAL FUND REVENUES BOYNTON BEACH REVENUE & EXPENDITURES REF (UNAUDITED) AS OF: DECEMBER 31ST, 2009 W OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING T.I.F.INCOME 01-41000 T.I.F. COLLECTIONS 6,818,294 6,818,294.0 4,238,364.00 4,238,364.00 TOTAL T.I.F.INCOME 6,818,294 6,818,294 4,238,364.00 4,238,364.00 MARINA RENT & GRANT INC 01-42115 MARINA RENTS 86,400 86,400.0 0.00 7,231.59 01-42116 MISCELLANEOUS RENTS FRO PROPE 0 0.0 0.00 1,200.00 01-42117 MARINA FUEL SALES 840,000 840,000.0 0.00 136,795.09 01-42118 MARINA MISC INCOME 300 300.0 0.00 0.00 TOTAL MARINA RENT & GRANT INC 926,700 926,700 0.00 145,226.68 MARKETING INCOME INVESTMENT INCOME CONTRIBUTIONS & DONATION MISCELLANEOUS OTHER FINANCING SOURCES TOTAL REVENUES 0.00 2,579,930.00 37.84 0.00 2,579,930.00 37.84 0.00 79,168.41 91.63 0.00 ( 1,200.00) 0.00 n_nn 7nA_7n4 91 stl_71 0.00 781,473.32 84.33 7,744,994 7,744,994 4,238,364.00 4,383,590.68 0.00 3,361,403.32 43.40 ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- -2- L-05-2010 04:54 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: DECEMBER 31ST, 2009 1 -GENERAL FUND EGISLATIVE ORIGINAL AMENDED MONTHLY YEAR-TO-DATE EPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE URCHASED/CONTRACT SERV 01-51010-200 CONTRACTUAL EXPENSE 22,500 22,500 0.00 130.00 01-51010-203 MISCELLANEOUS 7,000 7,000 0.00 0.00 01-51010-216 ADVERTISING & PUBLIC NOTI 2,700 2,700 123.84 216.72 01-51010-225 ASSOC. MEETINGS & SEMINAR 13,050 13,050 895.27 1,290.05 01-51010-227 DELIVERY SERVICES 3,500 3,500 50.00 50.00 TOTAL PURCHASED/CONTRACT SERV 48,750 48,750 1,069.11 1,686.77 SUPPLIES 01-51010-310 OFFICE SUPPLIES 1,000 1,000 0.00 0.00 TOTAL SUPPLIES 1,000 1,000 0.00 0.00 TOTAL LEGISLATIVE 49,750 49,750 1,069.11 1,686.77 OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 22,370.00 99.42 0.00 7,000.00 100.00 0.00 2,483.28 91.97 0.00 11,759.95 90.11 0.00 31450.00 98.57 0.00 47,063.23 96.54 0.00 1,000.00 100.00 0.00 1,000.00 100.00 0.00 48,063.23 96.61 1-05-2010 Os PM BOYNTON BEACH REVENUE & EXPENDITURES REF (UNAUDITED) AS OF: DECEMBER 316'1', 2009 01 -GENERAL FUND ADMINISTRATIVE % OF 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 178,125 178,125 0.00 13,701.92 0.00 164,423.08 92.31 01-51230-115 CAR ALLOWANCE 5,400 5,400 0.00 416.00 0.00 4,984.00 92.30 TOTAL PERSONNEL SERVICES 183,525 183,525 0.00 14,117.92 0.00 169,407.08 92.31 PURCHASED/CONTRACT SERV 01-51230-225 ASSOC. MEETINGS & SEMINAR 4,000 4,000 0.00 1,202.71 0.00 2,797.29 69.93 01-51230-226 MEMBERSHIP DUES 6,200 6,200 582.00 1,217.00 0.00 4,983.00 80.37 01-51230-227 DELIVERY SERVICES 3,000 3,000 92.47 219.92 0.00 2,780.08 92.67 01-51230-229 CAREER DEVELOPMENT 1,500 1,500 0.00 0.00 0.00 1,500.00 100.00 TOTAL PURCHASED/CONTRACT SERV 14,700 14,700 674.47 2,639.63 0.00 12,060.37 82.04 SUPPLIES 01-51230-310 OFFICE SUPPLIES 6,500 6,500 66.62 95.14 0.00 6,404.86 98.54 01-51230-315 POSTAGE 2,000 2,000 14.95 589.34 0.00 1,410.66 70.53 01-51230-340 CELLULAR PHONES 1,200 1,200 205.56 309.37 0.00 890.63 74.22 01-51230-355 SUBSCRIPTIONS 300 300 0.00 0.00 0.00 300.00 100.00 01-51230-360 BOOKS & PUBLICATIONS 500 500 0.00 0.00 0.00 500.00 100.00 TOTAL SUPPLIES 10,500 10,500 287.13 993.85 0.00 9,506.15 90.53 CAPITAL EXPENDITURES 01-51230-400 EQUIPMENT COSTS 1,000 1,000 0.00 ( 68.72) 0.00 1,068.72 106.87 TOTAL CAPITAL EXPENDITURES 1,000 1,000 0.00 ( 68.72) 0.00 1,068.72 106.87 TOTAL ADMINISTRATIVE 209,725 209,725 961.60 17,682.68 0.00 192,042.32 91.57 -4- _-OS-2010 04:54 PM L -GENERAL FUND [NANCE EPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: DECEMBER 31ST, 2009 ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET ACTIVITY BALANCE ERSONNEL SERVICES 122,231.06 93.84 0.00 122,231.06 01-51325-100 PERSONNEL SERVICES 130,260 130,260 0.00 8,028.94 TOTAL PERSONNEL SERVICES 130,260 130,260 0.00 8,028.94 URCHASED/CONTRACT SERV 895.00 100.00 0.00 453.32 01-51325-200 CONTRACTUAL EXPENSE 2,825 2,825 0.00 175.00 01-51325-201 BANK FEES 3,200 3,200 0.00 0.00 01-51325-225 ASSOC. MEETINGS & SEMINAR 2,250 2,250 0.00 0.00 01-51325-226 MEMBERSHIP DUES 895 895 0.00 0.00 01-51325-227 DELIVERY COSTS 500 500 0.00 46.68 01-51325-229 CAREER DEVELOPMENT 3,000 _ 3,000 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 12,670 12,670 0.00 221.68 'UPPLIES 01-51325-310 OFFICE SUPPLIES 2,000 2,000 66.62 95.14 01-51325-340 CELLULAR PHONES 1,440 1,440 136.59 295.69 01-51325-355 SUBSCRIPTIONS 1,000 1,000 0.00 0.00 01-51325-360 BOOKS & PUBLICATIONS 500 500 0.00 0.00 01-51325-365 OFFICE PRINTING COSTS 400 400 0.00 0.00 TOTAL SUPPLIES 5,340 5,340 203.21 390.83 CAPITAL EXPENDITURES DEPRECIATION & AMORT 148,270 146,270 203.21 TOTAL FINANCE 8,641.45 96 OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 122,231.06 93.84 0.00 122,231.06 93.84 0.00 2,650.00 93.81 0.00 3,200.00 100.00 0.00 2,250.00 100.00 0.00 895.00 100.00 0.00 453.32 90.66 0.00 3,000.00 100.00 0.00 12,448.32 98.25 0.00 1,904.86 95.24 540.00 604.31 41.97 0.00 1,000.00 100.00 0.00 500.00 100.00 0.00 400.00 100.00 540.00 4,409.17 82.57 540.00 139,088.55 93.81 1-05-2010 0z PM O1 -GENERAL FUND INSURANCES DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV BOYNTON BEACH REVENUE & EXPENDITURES REF (UNAUDITED) AS OF: DECEMBER 31ei, 2009 OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 01-51410-200 CONTRACTUAL EXPENSE 28,650 28,650 01-51410-213 GENERAL PROPERTY COVERAGE 63,590 63,590 01-51410-214 EMPLOYEE FIDELITY COVERAG 1,000 1,000 01-51410-215 DIRECTORS & OFFICERS COVE 8,510 8,510 TOTAL PURCHASED/CONTRACT SERV 101,750 101,750 TOTAL INSURANCES 101,750 101,750 0.00 12,462.43 0.00 16,187.57 56.50 0.00 39,228.00 0.00 24,362.00 38.31 0.00 995.29 0.00 4.71 0.47 0.00 5,040.00 0.00 3,470.00 40.78 0.00 57,725.72 0.00 44,024.28 43.27 0.00 57,725.72 0.00 44,024.28 43.27 .-05-2010 04:54 PM L -GENERAL FUND ROFESSIONAL SERVICES EPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: DECEMBER 31ST, 2009 OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING URCHASED/CONTRACT SERV 01-51420-200 CONTRACTUAL EXPENSE 261,000 261,000 627.73 ( 43,161.49) 80,000.00 224,161.49 85.89 01-51420-201 CONTRACT LEGAL 100,000 100,000 2,061.80 3,922.00 0.00 96,078.00 96.08 01-51420-204 CITY STAFF COSTS 15,000 15,000 0.00 163.80 0.00 14,836.20 98.91 TOTAL PURCHASED/CONTRACT SERV 376,000 376,000 2,689.53 ( 39,075.69) 80,000.00 335,075.69 89.12 TOTAL PROFESSIONAL SERVICES 376,000 376,000 2,689.53 ( 39,075.69) 80,000.00 335,075.69 89.12 1-05-2010 0� PM BOYNTON BEACH lk REVENUE & EXPENDITURES RE: (UNAUDITED) AS OF: DECEMBER 31.,x, 2009 01 -GENERAL FUND PLANNING % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICES 184,205 184,205 0.00 14,169.62 0.00 170,035.38 92.31 01-51440-115 CAR ALLOWANCE 5,400 5,400 0.00 416.00 0.00 4,984.00 92.30 TOTAL PERSONNEL SERVICES 189,605 189,605 0.00 14,585.62 0.00 175,019.38 92.31 PURCHASED/CONTRACT SERV 01-51440-225 ASSOC. MEETINGS & SEMINAR 11,000 11,000 195.64 542.19 0.00 10,457.81 95.07 01-51440-226 MEMBERSHIP DUES 475 475 0.00 581.00 0.00 ( 106.00) 22.32- 01-51440-227 DELIVERY SERVICES 600 600 0.00 67.63 0.00 532.37 88.73 01-51440-229 CAREER DEVELOPMENT 2,000 2,000 0.00 0.00 0.00 2,000.00 100.00 TOTAL PURCHASED/CONTRACT SERV 14,075 14,075 195.64 1,190.82 0.00 12,884.18 91.54 SUPPLIES 01-51440-310 OFFICE SUPPLIES 2,000 2,000 66.62 147.04 0.00 1,852.96 92.65 01-51440-340 CELLULAR PHONES 1,620 1,620 218.78 349.50 0.00 1,270.50 78.43 01-51440-360 BOORS & PUBLICATIONS 300 300 121.95 121.95 0.00 178.05 59.35 01-51440-365 OFFICE PRINTING COSTS 1,000 1,000 0.00 524.40 0.00 475.60 47.56 TOTAL SUPPLIES 4,920 4,920 407.35 1,142.89 0.00 3,777.11 76.77 CAPITAL EXPENDITURES DEPRECIATION & AMORT TOTAL PLANNING 208,600 208,600 602.99 16,919.33 0.00 191,680.67 91.89 L-05-2010 04:54 PM 1 -GENERAL FUND UILDINGS & PROPERTY EPARTMENTAL EXPENDITURES URCHASED/CONTRACT SERV BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: DECEMBER 31ST, 2009 ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET ACTIVITY BALANCE 01-51620-200 CONTRACTUAL EXPENSE 3,050 3,050 01-51620-201 PROPERTY TAXES 160,000 160,000 01-51620-205 RENTAL OF OFFICES 42,600 42,600 01-51620-206 MAINTENENCE & CLEANING 7,560 7,560 01-51620-208 EQUIPMENT LEASES 30,000 30,000 01-51620-209 PROPERTY MAINTENENCE COST 201,980 201,980 01-51620-224 SIGNAGE 10,000 10,000 TOTAL PURCHASED/CONTRACT SERV 455,190 455,190 SUPPLIES 5,868.84 14,335.88 01-51620-325 ELECTRICITY COSTS 9,000 9,000 01-51620-326 WATER CHARGES 6,000 6,000 TOTAL SUPPLIES 15,000 15,000 DEPRECIATION & AMORT TOTAL BUILDINGS & PROPERTY % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 269.91 679.91 0.00 2,370.09 77.71 2,053.50 29,727.95 0.00 130,272.05 81.42 6,600.00 13,200.00 26,400.00 3,000.00 7.04 1,260.00 2,130.00 0.00 5,430.00 71.83 1,689.25 6,004.28 0.00 23,995.72 79.99 5,868.84 14,335.88 0.00 187,644.12 92.90 0.00 1,857.59 0.00 8,142.41 81.42 17,741.50 67,935.61 26,400.00 360,854.39 79.28 0.00 988.87 0.00 8,011.13 89.01 _ 26.49 379.42 0.00 5,620.58 93.68 26.49 1,368.29 0.00 13,631.71 90.88 470,190 470,190 17,767.99 69,303.90 26,400.00 374,486.10 79.65 1-05-2010 0 PM 01 -GENERAL FUND MARINA DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV BOYNTON BEACH 1 REVENUE & EXPENDITURES RE'. (UNAUDITED) AS OF: DECEMBER 31�t, 2009 % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 01-51630-200 CONTRACTUAL 500 500 0.00 450.00 0.00 50.00 10.00 01-51630-209 PROPERTY MAINTENENCE 28,100 28,100 775.00 2,337.50 0.00 25,762.50 91.68 01-51630-241 MARINA FUEL MANAGEMENT 148,000 148,000 0.00 24,666.00 0.00 123,334.00 83.33 01-51630-242 MARINE FUEL STATION OVERH 37,200 37,200 574.00 6,767.71 0.00 30,432.29 81.81 TOTAL PURCHASED/CONTRACT SERV 213,800 213,800 1,349.00 34,221.21 0.00 179,578.79 83.99 SUPPLIES 01-51630-325 ELECTRIC COSTS 17,100 17,100 878.85 3,309.80 0.00 13,790.20 80.64 01-51630-326 WATER COSTS 2,400 2,400 510.70 782.85 0.00 1,617.15 67.38 01-51630-327 GASOLINE & DEISEL FUEL PU 680,400 680,400 0.00 113,950.47 0.00 566,449.53 83.25 01-51630-328 MARINA DIESEL SALES TAX 12,000 12,000 0.00 977.09 0.00 11,022.91 91.86 TOTAL SUPPLIES 711,900 711,900 1,389.55 119,020.21 0.00 592,879.79 83.28 CAPITAL EXPENDITURES 01-51630-400 EQUIPMENT COSTS 1,000 1,000 0.00 88.16 0.00 911.84 91.18 TOTAL CAPITAL EXPENDITURES 1,000 1,000 0.00 88.16 0.00 911.84 91.18 TOTAL MARINA 926,700 926,700 2,738.55 153,329.58 0.00 773,370.42 83.45 -10- 1-05-2010 04:54 PM 1 -GENERAL FUND OMMUNICATIONS & TECHNOLO TPARTMENTAL EXPENDITURES ?URCHASED/CONTRACT SERV BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: DECEMBER 31ST, 2009 °s OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 01-51650-200 CONTRACTUAL EXPENSE 3,760 3,760 0.00 210.00 0.00 3,550.00 94.41 01-51650-210 CITY IT SUPPORT 21,000 21,000 0.00 0.00 0.00 21,000.00 100.00 01-51650-211 COMPUTER SOFTWARE & LICEN 3,000 3,000 0.00 0.00 0.00 3,000.00 100.00 01-51650-212 FINANCIAL SOFTWARE MAINTE 6,500 6,500 0.00 0.00 0.00 6,500.00 100.00 TOTAL PURCHASED/CONTRACT SERV 34,260 34,260 0.00 210.00 0.00 34,050.00 99.39 SUPPLIES 01-51650-330 TELEPHONE LINES 15,600 15,600 680.23 3,666.84 0.00 11,933.16 76.49 TOTAL SUPPLIES 15,600 15,600 680.23 3,666.84 0.00 11,933.16 76.49 :!APITAL EXPENDITURES 01-51650-400 EQUIPMENT COSTS 8,000 8,000 _ 0.00 5,763.77 0.00 2,236.23 27.95 TOTAL CAPITAL EXPENDITURES 8,000 8,000 0.00 5,763.77 0.00 2,236.23 27.95 TOTAL COMMUNICATIONS & TECHNOLO 57,860 57,860 680.23 9,640.61 0.00 48,219.39 83.34 1-05-2010 0 PM 01 -GENERAL FUND CONTINGENCY DEPARTMENTAL EXPENDITURES BOYNTON BEACH A REVENUE & EXPENDITURES RE'. (UNAUDITED) AS OF: DECEMBER 315i', 2009 ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET ACTIVITY BALANCE PURCHASED/CONTRACT SERV 01-51990-200 CONTRACTUAL EXPENSE 100,000 100,000 TOTAL PURCHASED/CONTRACT SERV 100,000 100,000 TOTAL CONTINGENCY 100,000 100,000 OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 0.00 0.00 100,000.00 100.00 0.00 0.00 0.00 100,000.00 100.00 0.00 0.00 0.00 100,000.00 100.00 1-05-2010 04:54 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: DECEMBER 31ST, 2009 1 -GENERAL FUND ARKETING ORIGINAL AMENDED MONTHLY YEAR-TO-DATE EPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE >ERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICES 87,392 87,392 0.00 6,722.46 TOTAL PERSONNEL SERVICES 87,392 87,392 0.00 6,722.46 PURCHASED/CONTRACT SERV OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 80,669.54 92.31 0.00 80,669.54 92.31 01-57400-216 ADVERTISING & PUBLIC NOTI 3,000 3,000 0.00 0.00 0.00 3,000.00 100.00 01-57400-218 ANNUAL REPORT & BROCHURES 10,000 10,000 0.00 0.00 0.00 10,000.00 100.00 01-57400-225 ASSOC. MEETINGS & SEMINAR 1,500 1,500 0.00 128.03 0.00 1,371.97 91.46 01-57400-226 MEMBERSHIP DUES 900 900 0.00 0.00 0.00 900.00 100.00 01-57400-227 DELIVERY SERVICES 3,000 3,000 0.00 0.00 0.00 3,000.00 100.00 01-57400-229 CAREER DEVELOPMENT 3,000 3,000 0.00 909.70 0.00 2,090.30 69.68 01-57400-236 PHOTOGRAPHY / VIDEOS 20,000 20,000 0.00 3,800.00 8,475.00 _ 7,725.00 38.63 TOTAL PURCHASED/CONTRACT SERV 41,400 41,400 0,00 4,837.73 8,475.00 28,087.27 67.84 SUPPLIES 01-57400-310 OFFICE SUPPLIES 5,000 5,000 66.63 95.14 01-57400-340 CELLULAR PHONES 1,260 1,260 217.66 420.60 01-57400-355 SUBSCRIPTIONS 550 550 98,95 98.95 01-57400-360 BOOKS & PUBLICATIONS 100 100 0,00 0.00 01-57400-365 OFFICE PRINTING COSTS 5,000 5,000 0,00 0.00 TOTAL SUPPLIES 11,910 11,910 383,24 614.69 DEPRECIATION & AMORT TOTAL MARKETING 140,702 140,702 383.24 12,174.88 0.00 4,904.86 98.10 180.00 659.40 52.33 0.00 451.05 82.01 0.00 100.00 100.00 0.00 5,000.00 100.00 180.00 11,115.31 93.33 8,655.00 119,872.12 85.20 1-05-2010 0 PM BOYNTON BEACH \ REVENUE & EXPENDITURES REI (UNAUDITED) AS OF: DECEMBER 3i-, 2009 01 -GENERAL FUND SPECIAL EVENTS OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES 84,022 84,022 0.00 6,463.22 0.00 77,558.78 92.31 TOTAL PERSONNEL SERVICES 84,022 84,022 0.00 6,463.22 0.00 77,558.78 92.31 PURCHASED/CONTRACT SERV 01-57500-225 ASSOC. MEETINGS & SEMINAR 1,500 1,500 0.00 519.10 0.00 980.90 65.39 01-57500-226 MEMBERSHIP DUES 400 400 0.00 0.00 0.00 400.00 100.00 01-57500-229 CAREER DEVELOPMENT 2,000 2,000 0.00 0.00 0.00 2,000.00 100.00 TOTAL PURCHASED/CONTRACT SERV 3,900 3,900 0.00 519.10 0.00 3,380.90 86.69 SUPPLIES 01-57500-310 OFFICE SUPPLIES 2,500 2,500 66.62 103.32 0.00 2,396.68 95.87 01-57500-340 CELLULAR PHONES 1,680 1,680 109.99 329.97 1,349.91 0.12 0.01 01-57500-355 SUBSCRIPTIONS 250 250 0.00 0.00 0.00 250.00 100.00 01-57500-360 BOOKS & PUBLICATIONS 200 200 0.00 0.00 0.00 200.00 100.00 TOTAL SUPPLIES 4,630 4,630 176.61 433.29 1,349.91 2,846.80 61.49 CAPITAL EXPENDITURES 01-57500-400 EQUIPMENT COSTS 2,500 2,500 0.00 0.00 0.00 2,500.00 100.00 TOTAL CAPITAL EXPENDITURES 2,500 2,500 0.00 0.00 0.00 2,500.00 100.00 DEPRECIATION & AMORT TOTAL SPECIAL EVENTS 95,052 95,052 176.61 7,415.61 1,349.91 86,286.48 90.78 -14- 1-05-2010 04:54 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: DECEMBER 31ST, 2009 ,1 -GENERAL FUND :MPLOYEE BEBEFITS I OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET )EPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-59000-151 F.I.C.A. 41,838 41,838 0.00 2,834.64 0.00 39,003.36 93.22 01-59000-152 MEDICARE 9,785 9,785 0.00 752.68 0.00 9,032.32 92.31 01-59000-153 RETIREMENT PLAN 401(a) 71,049 71,049 0.00 250.00 0.00 70,799.00 99.65 01-59000-154 WORKERS COMP INSURANCE 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00 01-59000-155 HEALTH INSURANCE 62,208 62,208 4,743.09 14,326.47 0.00 47,881.53 76.97 01-59000-156 DENTAL INSURANCE 4,147 4,147 534.78 1,063.80 0.00 3,083.20 74.35 01-59000-157 LIFE INSURANCE 1,057 1,057 80.10 240.30 0.00 816.70 77.27 01-59000-158 SHORT / LONG TERM DISABIL 3,092 3,092 262.82 788.46 0.00 2,303.54 74.50 01-59000-159 UNEMPLOYMENT CHARGES 5,000 5,000 0.00 1,924.32 0.00 3,075.68 61.51 01-59000-160 VISION INSURANCE 648 648 35.28 102.92 0.00 545.08 84.12 01-59000-161 COMPENSATED ABSENSES 25,000 25,000 0.00 0.00 0.00 25,000.00 100.00 TOTAL PERSONNEL SERVICES 228,824 228,824 5,656.07 22,283.59 0.00 206,540.41 90.26 TOTAL EMPLOYEE BEBEFITS 228,824 228,824 5,656.07 22,283.59 0.00 206,540.41 90.26 1-05-2010 0, PM BOYNTON BEACH REVENUE & EXPENDITURES REE (UNAUDITED) AS OF: DECEMBER 31-, 2009 O1 -GENERAL FUND DEBT SERVICE g OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING DEBT SERVICE OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE 3,119,526 3,119,526 0.00 0.00 0.00 3,119,526.00 100.00 TOTAL OTHER FINANCING USES 3,119,526 3,119,526 0.00 0.00 0.00 3,119,526.00 100.00 TOTAL DEBT SERVICE 3,119,526 3,119,526 0.00 0.00 0.00 3,119,526.00 100.00 -16- L-05-2010 04:54 PM L -GENERAL FUND 2ANSFER OUT EPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: DECEMBER 31ST, 2009 ORIGINAL AMENDED BUDGET BUDGET THER FINANCING USES 01-59999-990 INTERFUND TRANSFERS OUT 1,512,045 1,512,045 TOTAL OTHER FINANCING USES 1,512,045 1,512,045 TOTAL TRANSFER OUT 1,512,045 1,512,045 'OTAL EXPENDITURES 7,744,994 7,744,994 32,929.13 96 OF MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 4,045,862.25 ( 116,944.91)( 3,928,917.34) 0.00 0.00 0.00 1,512,045.00 100.00 0.00 0.00 0.00 1,512,045.00 100.00 0.00 0.00 0.00 1,512,045.00 100.00 'OTAL EXPENDITURES 7,744,994 7,744,994 32,929.13 337,728.43 116,944.91 7,290,320.66 94.13 2EVENUES OVER/(UNDER) EXPENDITURES 0 0 4,205,434.87 4,045,862.25 ( 116,944.91)( 3,928,917.34) 0.00 1-05-2010 0 PM 02 -PROJECTS FUND FINANCIAL SUMMARY REVENUE SUMMARY OTHER FINANCING SOURCES TOTAL REVENUES EXPENDITURE SUMMARY OPERATING EXPENSES CAPITAL OUTLAY AFFORDABLE HOUSING ECONOMIC DEVELOPMENT PROJECTS AND PROGRAMS TOTAL EXPENDITURES REVENUES OVER/(UNDER) EXPENDITURES BOYNTON BEACH '\ REVENUE & EXPENDITURES RE; (UNAUDITED) AS OF: DECEMBER 3-, 2009 g OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 3,919,107 3,919,107 0.00 0.00 0.00 3,919,107.00 100.00 3,919,107 3,919,107 0.00 0.00 0.00 3,919,107.00 100.00 200,000 200,000 0.00 4,681.80 35,500.00 159,818.20 79.91 1,246,309 1,246,309 250.00 ( 28,721.00) 244,174.50 1,030,855.50 82.71 1,139,433 1,139,433 0.00 4,750.00 35,250.00 1,099,433.00 96.49 643,040 643,040 0.00 62,160.00 15,000.00 565,880.00 88.00 690,325 690,325 1,500.00 45,667.75 0.00 644,657.25 93.38 3,919,107 3,919,107 1,750.00 88,538.55 329,924.50 3,500,643.95 89.32 0 0 ( 1,750.00)( 88,538.55)( 329,924.50) 418,463.05 0.00 _18_ 1-05-2010 04:54 PM 2 -PROJECTS FUND EVENUES FESTIVALS & EVENT INCOME )THER FINANCING SOURCES 02-49100 OTHER FINANCING SOURCES 02-49900 TRANSFERS IN TOTAL OTHER FINANCING SOURCES TOTAL REVENUES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: DECEMBER 31ST, 2009 6 OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 2,407,062 2,407,062.0 0.00 0.00 0.00 2,407,062.00 100.00 1,512,045 1,512,045.0 0.00 0.00 0.00 1,512,045.00 100.00 3,919,107 3,919,107 0.00 0.00 0.00 3,919,107.00 100.00 3,919,107 3,919,107 0.00 0.00 0.00 3,919,107.00 100.00 1-05-2010 0- PM 02 -PROJECTS FUND OPERATING EXPENSES DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV BOYNTON BEACH REVENUE & EXPENDITURES REI (UNAUDITED) AS OF: DECEMBER 311, 2009 ORIGINAL AMENDED MONTHLY YEAR-TO-DATE BUDGET BUDGET ACTIVITY BALANCE °s OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 02-58100-203 CONTRACTUAL EXPENSE 150,000 150,000 0.00 4,681.80 35,500.00 109,818.20 73.21 02-58100-213 LEGAL FEES 50,000 50,000 0.00 0.00 0.00 50,000.00 100.00 TOTAL PURCHASED/CONTRACT SERV 200,000 200,000 0.00 4,681.80 35,500.00 159,818.20 79.91 TOTAL OPERATING EXPENSES 200,000 200,000 0.00 4,681.80 35,500.00 159,818.20 79.91 -20- 1-05-2010 04:54 PM 2 -PROJECTS FUND APITAL OUTLAY iEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: DECEMBER 31ST, 2009 OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING .APITAL EXPENDITURES 02-58200-400 LAND 100,000 100,000 02-58200-404 CONSTRUCTION IN PROGRESS 228,680 228,680 02-58200-405 SITE WORK AND DEMOLITION 50,000 50,000 02-58200-406 INFRASTRUCTURE AND STREET 867,629 867,629 TOTAL CAPITAL EXPENDITURES 1,246,309 1,246,309 TOTAL CAPITAL OUTLAY 1,246,309 1,246,309 0.00 0.00 0.00 100,000.00 100.00 0.00 ( 35,756.00) 16,922.50 247,513.50 108.24 0.00 0.00 0.00 50,000.00 100.00 250.00 7,035.00 227,252.00 633,342.00 73.00 250.00 ( 28,721.00) 244,174.50 1,030,855.50 82.71 250.00 ( 28,721.00) 244,174.50 1,030,855.50 82.71 1-05-2010 0 PM 02 -PROJECTS FUND AFFORDABLE HOUSING ORIGINAL DEPARTMENTAL EXPENDITURES BUDGET BOYNTON BEACH REVENUE & EXPENDITURES REE (UNAUDITED) AS OF: DECEMBER 31oi, 2009 AMENDED BUDGET CAPITAL EXPENDITURES 02-58300-420 RESIDENTIAL IMPROVEMENT P 199,805 199,805 02-58300-421 HOME BUYERS ASSISTANCE PR 939,628 939,628 TOTAL CAPITAL EXPENDITURES 1,139,433 1,139,433 TOTAL AFFORDABLE HOUSING 1,139,433 1,139,433 MONTHLY YEAR-TO-DATE ACTIVITY BALANCE 0.00 4,750.00 0.00 0.00 0.00 4,750.00 0.00 4,750.00 %- OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 35,250.00 159,805.00 79.98 0.00 939,628.00 100.00 35,250.00 1,099,433.00 96.49 35,250.00 1,099,433.00 96.49 -22- 1-05-2010 04:54 PM )2 -PROJECTS FUND 3CONOMIC DEVELOPMENT DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: DECEMBER 31ST, 2009 OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING ZAPITAL EXPENDITURES 02-58400-440 FACADE GRANTS -COMMERCIAL 105,000 105,000 02-58400-442 TRANSPORTATION PROGRAM 438,040 438,040 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 100,000 100,000 TOTAL CAPITAL EXPENDITURES 643,040 643,040 0.00 0.00 15,000.00 90,000.00 85.71 0.00 62,160.00 0.00 375,880.00 85.81 0.00 _ 0.00 0.00 100,000.00 100.00 0.00 62,160.00 15,000.00 565,880.00 88.00 TOTAL ECONOMIC DEVELOPMENT 643,040 643,040 0.00 62,160.00 15,000.00 565,880.00 88.00 -23- 1-05-2010 0, PM 02 -PROJECTS FUND PROJECTS AND PROGRAMS ORIGINAL DEPARTMENTAL EXPENDITURES BUDGET BOYNTON BEACH REVENUE & EXPENDITURES REI (UNAUDITED) AS OF: DECEMBER 31ai, 2009 % OF AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING CAPITAL EXPENDITURES 02-58500-460 COMMUNITY POLICING INNOVA 396,325 396,325 0.00 ( 37,454.17) 0.00 433,779.17 109.45 02-58500-480 COMMUNITY SPECIAL EVENTS 294,000 294,000 1,500.00 83,121.92 0.00 210,878.08 71.73 TOTAL CAPITAL EXPENDITURES 690,325 690,325 1,500.00 45,667.75 0.00 644,657.25 93.38 TOTAL PROJECTS AND PROGRAMS 690,325 690,325 1,500.00 45,667.75 0.00 644,657.25 93.38 -24- 1-05-2010 04:54 PM 2 -PROJECTS FUND RANSFER OUT - ASSET TRA EPARTMENTAL EXPENDITURES ETHER FINANCING USES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: DECEMBER 31ST, 2009 OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 'OTAL EXPENDITURES 3,919,107 3,919,107 1,750.00 88,538.55 329,924.50 3,500,643.95 89.32 tEVENUES OVER/(UNDER) EXPENDITURES 0 0 ( 1,750.00)( 88,538.55)( 329,924.50) 418,463.05 0.00 ?5 VI. CONSENT AGENDA: C. Monthly Procurement Purchase Orders NONE VI. CONSENT AGENDA: D. Approval of ILA to Reimburse City for Engineering and Design Expenses Related to Seacrest Streetscape Project yANT N' C F RA East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 X j Consent Agenda I I Old Business I I New Business I I Legal j I Other SUBJECT: Approval of ILA to Reimburse City for Engineering and Design Expenses Related to Seacrest Streetscape Project SUMMARY: The CRA contracted with Kimley-Horn in August 2007 for the engineering and redesign of Seacrest Avenue from Boynton Beach Boulevard to the C-16 Canal. The streetscape is a project proposed in the Heart of Boynton Community Redevelopment Plan. The CRA intended to bond to raise the funds to construct the project. However, the project was approved for ARRA funding of $1.9M. ARRA funds for roadways in Florida are administered by Florida Department of Transportation (FDOT). Under FDOT rules only a governmental entity can administer a roadway project if they have the proper certification which the City recently qualified for to undertake this project. The City is overseeing Kimley-Horn's scope of work. The CRA's independent auditor recommended that in order to reimburse the City for Kimley-Horn contract expense that the CRA and City enter into a formal Interlocal Agreement. The amount of reimbursement is limited to the remainder left on the CRA's purchase order. FISCAL IMPACT: $187,211 CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Approve the ILA between the CRA and City for reimbursement of Kimley-Horn's fees up to $187,211. Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\Seacrest ILA.doc INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE DESIGN OF PUBLIC IMPROVEMENTS ON SEACREST BOULEVARD THIS AGREEMENT, made and entered into on the day of 2010 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 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 915 S. Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to as "CRA") WITNESSETH: WHEREAS, CITY and CRA (the "Parties") desire to install public improvements, within the right of way of Seacrest Boulevard from Boynton Beach Boulevard to the C-16 Canal (the "Improvements"), which 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 CRA to reimburse the City for the cost of design of the Improvements, and WHEREAS, the Parties desire to have Kimley-Horn and Associates, Inc. provide the design services for the Improvements; and WHEREAS, the cost of the design of the Improvements is stated in the CRA's Purchase Order No. 000693 and 000538 to Kimley-Horn and Associates, Inc. with a remaining balance of $52,011.21 for Purchase Order # 000693 and a remaining balance of $135,200.00 for Purchase Order #000538 for a total remaining balance of $187,211.21, which is attached hereto as Exhibits "Al, A2, A3, A4"; and WHEREAS, the City has executed Purchase Order #091092 dated May 27, 2009 for an amount of $183,051.21, which is attached hereto as "Exhibit B" and as approved by the City Commission on April 7, 2009 to piggy -back the CRA's existing Agreement with Kimley-Horn as reflected in the CRA's Purchase Orders #000693 and 4000538; and Page 1 of 6 WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act"), permits the Governmental Units, as public agencies under the Interlocal 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 Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal 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 true 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 ninety (90) calendar days thereafter or after the maximum compensation is reimbursed to the City as incorporated in Section 3 below. Section 3. COMPENSATION 3.01 The Parties agree that the cost for the design of the Improvements shall be reimbursed by the CRA to the CITY in accordance with the terms of this Agreement. The amount to be reimbursed by the CRA as the cost of the design of the Improvements is not to exceed $187,211.21, as stated in the balance remaining on the CRA's Purchase Orders attached hereto as Exhibit "A2 and Exhibit A4." Page 2 of 6 3.02 The Parties agree that such payments have been made by the CRA or shall be made immediately, no later than thirty (30) days after the receipt of an invoice from the City attaching the Kimley-Horn invoice for services rendered pursuant to this Agreement properly approved for payment by the authorized. City representative and/or Department. Said payments will be made payable to the City of Boynton Beach and mailed to Attn: Finance Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425. Section 4. DUTIES AND RESPONSIBILITIES OF CITY 4.01 CITY will make payments to Kimley-Horn and Associates, Inc. for the design of the Improvements in the amount stated in Section 3 of this Agreement. Section 5. DUTIES AND RESPONSIBILITIES OF CRA CRA will reimburse the CITY for payments made to Kimley-Horn and Associates, Inc. for the design of the Improvements in the amount stated in Section 3 of this Agreement. Section 6. INSURANCE 6.01 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 Improvements. 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. Page 3 of 6 Section 9. DEFAULT 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. 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 Page 4 of 6 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 15. NOTICES 15.01 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. CITY: Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 CRA: Lisa A. Bright, Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Section 16. INTERPRETATION 16.01 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. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Page 5 of 6 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. ATTEST: Janet Prainito, City Clerk Approved as to form: Office of the City Attorney Approved as to form: Office of the General Counsel HA20071070473 BBCRA\ILA-City (Design of Seacrest).doc CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida Jerry Taylor, Mayor BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida Page 6 of 6 Jerry Taylor, Chair Exhibit A`1 oynton Bead. PURCHASE ORDER, B YNT N E�\ Community Redevelopment Agency A ►'j �: ��/"� 915 South Federal Highway rt East Side--WestS,de-Seaside Renaissance Boynton Beach FL 33435.5612 PO Number: 0 0 0 6 9 3 Request # : 000695 Date: 04/30/2009 Vendor #: 01 - 0 4 91 ISSUED TO: KIMLEY-HORN AND ASSOCIATES, I SHIP TO: BOYNTON BEACH CRA P.O. BOX 932520 97.5 SOUTH FEDERAL HWY ATLANTA, GA. 31193-2520 attn: HARRIS BOYNTON BEACH, FL 33435 ITEM UNITS DESCRIPTION PRICE 1 0.00 SEACREST FDOT DESIGN 02 -58100-203 0.00 AMENDMENT #3 TO KIMLEY-HORN CONTINUING CONTRACT - SEACREST FDOT DESIGN STANDARDS 04/30/2009 DATE 04/30/2009 DATE TOTAL AMOUNT 52,011.21 52,011.21 TOTAL TAx I TAX EXEMPT TOTALI 0.00 1. Original invoice plus one copy must be sent to Boynton Beach CRA, Accounts Payable Dept, 915 South Federal Highvay, Boynton Beach, FL 334355612. 2 Payment maybe expected wkhin 30 days of receipt of goods, unless otherwise stated. 3. C.O.D. shipment will not be accepted. 4. Purchase Order numbers must appear on all shipping containers, pacldng slips and invoices. Failure to complywith the above request may delay payment. 5. All goods are to be shipped F.O.B. Destination unless otherwise stated. 8. All materi�s and servk�s are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted Wthout approval of the Requesting Department. Material not approved wall be returned at no cost to the City. 7. All goods and equipment must meet or exceed all necessarycity, state and federal standards and regulations. 8.,Vendor or manufacturer bears risk of loss or damage until propertyrecolved andlor installed. 9. eller acknovAedges that buyer is an equal opportunity employer. Seiler will complyWth all equal opportunity We and regulations that are applicable to it as a supplier of the buyer. Finance Dept. (561) 737-3256 Fax (561) 737-3258 �4 Purchase Orders ! Down) File Edit Functions Options Help It &I MI 117 4`? - T- --- Exhibit A-2 -- PO# 000693 - Balance Remaining V P.O. Number 000693 f� Ordered 52,011.21 Receipk 0.00 Out 52,011.21 Req. Number 000695 Variance 0.00 Voided r 0.00 Item 1 Distribution Additional I Pending Invoices Misc. Req Approval Comments 1 Notes I Vendor Set 01-BOYT0N BEACH CRA Status Outstanding Vendor 0498 J.0 KIMLEY-HORN AND ASSOCIA Issued 413012009 4 Department 02-5$100 JG Est. Delivery 4}3012009 Approved by IHARRIS Last Receipt Ordered by HARRIS Completion 1TO, Summary Desc P.O. Description AMENDMENT #3 TO KIMLEY—HORN CONTINUING CONTRACT — SEACREST FDOT DESIGN STANDARDS I Internal Notes j ................ Return %- -- Exhibit A-3 s" Boynton Be PURCHASE ORDER. �3gY,NIPHI Comm unity Red eve iopmentAgency 915 South Federal Highway East Side WescSide— SeasideRenaissance Boynton Beach FL33435.5612 PO Number: -' `-' Request #: 0 0 0 5 3 9 Date: 05/08/2008 Vendor#: 01-0498 ISSUED TO: KIMLEY-HORN AND ASSOCIATES, I SHIP TO: BOYNTON BEACH CRA P.O. BOX 932520 915 SOUTH FEDERAL HWY ATLANTA, GA 31193-2520 attn: HARRIS BOYNTON BEACH, FL 33435 ITEM UNITS DESCRIPTION PRICE AMOUNT 1 0.00 FUND CONVERSION-KIMLEY 02 -58100-203 0.00 221,600.00 KIMLEY HORN SEACREST BLVD PLANS FUND CONVERSION - SEE ATTACHED PO 521 FOR DESCRIPTION 9F SERVICES DIRECTOR OF FINANCE EXECUTIVE DIRECTOR) 05/08/2008 DATE 05/08/2008 DATE TOTALI 221,600.00 TOTAL TAXI TAX EXEMPT 1 TOTAL I ° ° ° 1. Original invoice plus one copymust be sent to Boynton Beach CRA, Accounts Payable Dept, 915 South Federal Highveyt Boynton Beach, FL 33435.5612. 2. Payment maybe expected within 30 days of receipt of goods, unless otherwise stated. 3. C.O.D. shipment will not be accepted. 4. Purchase Order numbers must appear on all shipping containers, pacldng slips and invoices. Failure to complywith the above request maydelaypayment. 5. All goods are to be shipped F.O.B. Destination unless otherwise stated. 6. All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted without approval of the Requesting Department. Material not approved wig be returned at no cost to the City. 7. All goods and equipment must meet or exceed all necessarycity, state and federal standards and regulations. 8. Vendor or manufacturer bears risk of loss or damage until propertyreceived and/or Installed. 9. Seller acknowledges that buyer is an equal opportunityemployar. Seller will complyvdth all equal oppertunitylaws and regulations that are applicable to it as a supplier of the buyer. Finance Dept. (561) 737-3256 Fax (561) 737-3258 File Edit Functions Options Help H.O. Number 000538 Req. Number 000538 Ordered 221.600.00 Variance 0.00 Exhibit A-4 PO# 000538 - Balance Remaining V Receipt. 86.400.00 Out 135,200.1_l0 'bided 0.00 Item I Distribution I Additional I Pending Invoices I Misc. I Req Approval ! Comments 1 Notes I Vendor Set 01 BO`r'TON BEACH CRA�► Status Partially Received Vendor 0498 KIMLEY-HORN AND ASSOCIA I Issued 51081200$ Department Est. Delivery 5/0812008 Approved by IHARRIS Last Receipt 910912008 Ordered by IHARRIS Completion ' Summary Desc IFUND CONVERSION-KIMLEY P.O. Description KINLEY HORN SEACREST BLVD PLANS FUND CONVERSION — SEE ATTACHED PO .521 FOR DESCRIPTION OF SERVICES I I Internal Notes ............................ :. .J Return hanissu VENDOR PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA +' PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 168 TO: KIMLEY HORN & ASSOCIATES ATTN: BOOKKEEPING 4431 EMBARCADERO DRIVE WEST PALM BEACH, FL 33407 I�1J�1�1lY�tl�lA� \I�`. Exhibit B P.O. #: 091092 DATE: 05/27/09 SHIP TO: City, of Boynton Beach ENGINEERING DEPARTMENT 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 183051.21 I PROCUREMENT SERVICES: I % A A- A D 1 \„ D -, I/ i . I P.O. TOTAL: 183051.21 � ACCOUNT NO. PROJECT 001-5001-590.49-17 183051.21 VI. CONSENT AGENDA: E. Approval of Table at Chamber of Commerce Annual Recognition & Installation Luncheon pan jQYINT EA East Side—West Side—Seaside Renaissance CRA. BOARD MEETING OF: January 12, 2010 X i Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Consideration to Support Boynton Beach Chamber of Commerce Annual Recognition & Installation Luncheon. SUMMARY: The Boynton Beach Chamber of Commerce will hold its Annual Recognition & Installation Luncheon on January 13, 2010 (11:30 am to 1:30 pm) at Benvenuto Caterestaurant located at 1730 North Federal Highway, Boynton Beach, FL 33435. The luncheon is for Chamber committees and members recognition; swearing in of new board members and announcing the boat parade winners. Individual tickets can be purchased for $25 or a table of 10 for $250. FISCAL IMPACT: $250 from General Fund 01-51010-203 RECOMMENDATIONS: Option 1: Decline sponsorship; Option 2: Approve sponsorship at table or individual level 4 /1� 4 ///,/, Viv an Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\Chamber Recognition and Installation Luncheon.doc The Greater Boynton Beach - Chamber 11i Conimercc Page 2) of AI1€ U&I k6GOunition & Instz kation Ltinc hear; Date: January 13, 2010 Time: 11:30 am 1.30 pm Location: Show mai. Benvenuto Caterestaurant 1730 N Federal Hwy Boynton Beach, FL 33435 USA Contact: The Chamber Phone: 561-732-9501 Email: chamber@boyntonbeach org Chamber committees and members are recognized and new board members are sworn in. The cost for this luncheon is $25. Kindly RSVP by Monday, January 11th. Go Back I Remind Me I Send this page Ica friend Ti31�, I'Ai,Ai 13P:.tt13E PaLnBra, 1:PL.er,tn :3Q N now! December 2009 T W T F f,Ionth a; a Glance More Fvents» I- -v -- -- - - -- Your one- op S, U l for ad ftgs i small buskm httn://www.boyntonbeach.org/e�rents/2010/O 1 / 13/luncheonlannual-recognition-installati... 12/22/2009 VI. CONSENT AGENDA: F. Approval of Sponsoring the Palm Beach County Business Development Board's 2009 Familiarization Program (FAM) j6jqyAT2TCRA East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 X I Consent Agenda I I Old Business I j New Business I i Legal I ( Other SUBJECT: 2010 PBC Business Development Board Familiarization Program (FAM) SUMMARY: The PBC Business Development Board requests sponsorship for the BDB's 4`h annual, International Site Consultant Familiarization Program (FAM Tour) for 2010. Support for this economic development tool provides visibility and recognition to the CRA's redevelopment activities and opportunities within the district. The sponsorship package includes: • Company name and logo on sponsorship page in FAM brochure. • Company table at opening reception and dinner. • Recognition in BDB newsletter. • 2 -tickets to all FAM events FISCAL IMPACT: $2,000 -General Fund 51010-203 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan RECOMMENDATIONS: Sponsor the BDB Familiarization Program Event. sa Bright, Executive ector T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\FAM Tour Support.doc vi. C4'NSE"N T AGEND k ° f Commerce le at Chamber royal °f Tab Dake +G. A.pp Annual Dinner *t_V� YNIF ,Ojq A "CRA East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 X I Consent Agenda I I Old Business I I New Business I I Legal I I Other SUBJECT: Consideration of Supporting the Greater Boynton Beach Chamber of Commerce Annual Dinner Dance SUMMARY: The Greater Boynton Beach Chamber of Commerce's Annual Dinner Dance is taking place Saturday, January 23, 2010 (beginning at 7:00 pm) at Indian Spring Country Club located at 11501 El Clair Ranch Road, Boynton Beach, FL 33437. CRA staff has spoken with the City Manager's office and agreed to splitting the cost of a table with the City. The cost per table is $1,250.00 and includes seating for 10 people. FISCAL IMPACT: $625 from General Fund 01-51010-203 RECOMMENDATIONS: Approve splitting the cost of a table with the City Aw�l a Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\Chamber Dinner Dance.doc The Greater Boynton Beach. Chamber of Commerce together with Bethesda Memorial Hospital and Compson Associates, Inc. Renaissance Commons request the pleasure of your company at the Annual Dinner Dance Saturday, January 23, 2010 Indian .Spring Country Club 11501 El Clair Ranch Rd., Boynton Beach, FL 33437 An Elegant Evening of Dining and Dancing to the live music by Will Bridges Entertainment A 5 -Piece Dance Band Cocktails & Hors d'oeuvres at 7:00 p.m. Cash Bar Dinner and Dancing at 8:00 p.m. Live Auction and Drawing at 9:00 p.m. Reservations $125.00 per person (includes chance to win cruise for two) LIMITED SEATING Please R. S. V. P. by January 15, 2010 Black tie preferred. Live Drawing Cruise For Two 7 -Night Caribbean Cruise aboard the Celebrity Solstice - (An estimated value of over $2000) - Includes an ocean -view stateroom. $500 Cash Jackpot Drawing Live Auction T'he f.reuler Rrzen[on Beach Charriher o%Comrtterce l BLACK DINNER DANCE Pleas tesr,r�ati,ms at 8125.(() per pers�,n tahlefsl of I I 1 at S1,250,0tl per table. Contacl Nam, Compaun Name. _ Addres. Clty: Jtatr: _ Lip: Phone: Please charge no: ❑ VISA ❑ MasterCard ❑ AMEX ❑ DISCOVER Credit l:ani # F.xpirati,-n Date Se urith l .od,: tiignaluiF Goclosrd i> my/our heck fur or, Pay on-line at «ww.BoentonBeachChamher.cmn Please make check payable tit. The Greater Boynton Beach Chamber of Commerce R.S.V.P. by January 15, 2010 List attendees on reverse side. i. VTI. r©-NsE,ST kGESD Grant for cial F made 1 of Sommer ercraft 8pprova Florida Njast South 6JqyATPN East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 X I Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Approve the Commercial Facade Improvement Grant application for up to $15,000 to JR Watersports, Inc. d/b/a South Florida Mastercraft for program eligible items at the property located at 725 North Federal Highway, Boynton Beach, FL SUMMARY: BZ Wood Properties, LLC (Michael and Jana Wood), as owners of the property located at 725 North Federal Highway, has submitted an application to the CRA's Commercial Facade Improvement Grant Program. Eligible items under grant program guidelines include exterior painting and structural repairs, awnings, signage, lighting, paving and landscaping. The applicant is proposing a scope of work that includes stucco, exterior painting, remove/install impact windows and landscape. The Commercial Fagade Improvement program reimburses 50% of the applicant's expenditures for the eligible improvements up to a maximum grant total of $15,000.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: Up to $15,000.00 from project fund line item: 02-58400-440. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Federal Highway Plan and Downtown Masterplan RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application for up to $15,000.00 to JR Watersports, Inc. d/b/a South Florida Mastercraft for program eligible items for the property located at 725 North Federal Highway, Boynton Beach, FL. Michael Simon Development Director TAAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\Comm Facade Grant - South Florida Mastercraft.doc � iqYNT2ICRA East Side --West Side --Seaside Renaissance 2009/2010 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000 (Please Print Or Type Only - Use Additional Sheets If Necess ry APPLICANT INFORMATION Name of Property Owner: Address of Property Owner: 8Z Wood �1 roper--Eies, u_0 - an Ct 7Grr G- t.,'JC) c> cA c15 /\ . H w City/State: Q(,�-�L . Zip Code: are Phone # Day: 1'Sl --CtLja3 Evening: S(o Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): 'Yl' r Yvao 1 and -,Tnri - I,t)Do Cd __ 60CXA 1)ea kers R it If Different from Property Owner Name of Business: Address of Business: W�tr 5p City/State: �� _ UZip Code:2�43�' Phone # Day: _ 4d3 Evening: Type of Business Years of Operation: Number of Employees: Annual Payroll: 50 O7D . Number of Employees residing in Boynton Beach: L-A 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: The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached CRA 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 improvements for this program include: • Painting • Shutters • Signage (located on the building or the property) • Awnings/canopies • Decorative exterior fagade improvements • Exterior 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 50% matching grant for eligible fagade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds. Example: Total project costs: $18,000.00 Applicant funds expended: $18,000.00 CRA reimbursement: $ 9,000.00 6. The Fagade Grant program will honor expenditures completed up to 90 days prior to application, improvements underway and proposed improvements. 7. The Facade Grant program may only be used one time in any five year period for any one property. Properties may re -apply for additional grants any time after five (5) years from previous grant approval. Project phasing of up to two years can be requested. 8. The property owner, or tenant if applicable, must complete the fagade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the fagade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 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 (if applicable). b. CRA has received copies of final "paid in full" vendor/contractor invoices. C. CRA has received copies of final inspection approvals for all permit required work. C. Entire scope of work for eligible items is completed. d. Applicant provides "After" photos. APPLICATION PROCESS 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 with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. Appropriate grant program documents will be prepared and submitted by the applicant. CRA staff will then present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month and the applicant will be notified of grant approval by regular mail. 4. The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City building inspections, the CRA will inspect the work to determine the 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 Fagade 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. 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, e Plans or sketches if applicable, Site plan and plant list for landscape projects, e Third -party cost estimates from three (3) licensed contractors, m Estimated time line, Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), o A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", o Signage design with colors & materials proposed if applicable, ® Project color chips / material samples if applicable, And material specifications. Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply yvith its content. G ��1� I 'U Property Owner (Date) (Property owner's signature must be notarized) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer, oaths apd take acknowledgements, a ) 4 l�, L personally appearedl1% may, i 1�-0s personally known to 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 t day of 20 a9 NOTARY PUBLIC * �1YS�MCOACMM My Commission Expires: S * # DD 750620 8onEde�PjES: APM 1,1 2012 )'at L1106' 0�44/ �';7 // ov'.,� V1 Witness (ba &) Tenant/Business Owner (Dat �/ STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer, oaths apd take acknowledgements, a ) 4 l�, L personally appearedl1% may, i 1�-0s personally known to 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 t day of 20 a9 NOTARY PUBLIC * �1YS�MCOACMM My Commission Expires: S * # DD 750620 8onEde�PjES: APM 1,1 2012 YNTF miq A East Side,--West Side,-Seaside Renaissance 2009/2010 COMMERCIAL FACADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new facade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 2. The CRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. 3. A minimum of three (3) inspections by the CRA may be required. Those CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA. These inspections in no way are substitutes for required City Building Code inspections and compliances. 4. The property owner, or tenant if applicable, must complete the fagade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the fagade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re -imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. 3. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. 4. Grantees may not submit fagade work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Fagade Grant program will only honor new expenditures that have not been submitted under other grant programs. The Fagade Grant program may only be used one time in any five year period for any one property. Properties may re -apply for additional grants any time after five (5) years from previous grant approval. 5. Grantees shall grant the CRA and/or the Cit of Boy to Beach the rights and us of photos and project pplication materials. / ! ��j 0% ne (Date) ro erty Owner (Date) Witness Date T nani/Business Owner Dae STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer o the and take acknowledgements, personally appeared J Gr)a W oeA kk'4AICCp rsonally known to 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 f day f tX� 2009 __ WMA CACI NOTARY PUBLI * * MyCOWAS M#DD76W EXPIRES: April 11, 2012 My Commission Expires: / l v '""— ° ��a�`° SW"TAr &OXN*ySOAV eW�H�ERE LN ON THE WATER BE6lN5! 1220 W. Industrial Ave. Boynton Beach Fl. 33426 Phone: 561-737-9423 Fax: 561-737-1510 To: Boynton Beach Community Redevelopment Agency I am writing to explain the scope of work to be performed to 725 N. Federal HWY. We are completely restructuring the front of the building that faces Federal Hwy. This begins with replacing all garage doors with upgraded impact glass windows. The three main stationary windows will be replaced and installed by Sasser's Glass. We are also replacing one of the garage doors with a retractable impact glass window. This will be purchased and installed by CAPCO. The front of the building had a covering of metal, like an old gas station. We removed all the metal and are replacing it with decorative stucco. All work to be performed by Lugo Concrete. We also removed an old overhang so that the whole building matches. We updated with decorative Foam that is covered with stucco on the entire top boarder of the building. Foam receipts from Ultimate Foam. We will paint the whole building using Sherwin Williams' blue, white and gray paint. Colors approved by the City of Boynton Beach. Landscaping will be done to code. We will be using Carter landscaping. All work is permitted and performed by licensed contractors. If you have any questions or concerns please contact Mike or Jana Wood at 561-737-9423. Vage I (4I http://photos-e.ak.fbcdn.netlhphotos-ak-snc 1lhs250.snc 1 /9718_11144765943 84__ 1601024533_303... 12/1/2009 rage i Qr_ i http://photos-h.ak.fbcdn.net/hphotos-ak-sncI/hs270.snc1/9718_1114476674386_1601024533 303... 12/1/2009 i A--K AREA -RK SW8803 DANUBE 7 PROPOSED WITH ELEVATION Alf: 1Po•=t'.4 SW7006 EXTRA WHITE PROPOSED, EXTERIOR ELEVATION, NomRK GROUND FLOOR i5Roi5osFr wpsT_ff[-F-vAnoN A200 -s ARCHITECTS PER w4/ MANw. sTorremoxrs+s.EMarm _-TA- DOOR SCHEDULE IjD -E C) UR AMMEM."E.41 COLOR/MATERIAL SCHEDULE m...p5� 7—.1 Ks SW8803 DANUBE 7 PROPOSED WITH ELEVATION Alf: 1Po•=t'.4 SW7006 EXTRA WHITE PROPOSED, EXTERIOR ELEVATION, NomRK GROUND FLOOR i5Roi5osFr wpsT_ff[-F-vAnoN A200 Windows - 1 6�, W)Y)Joak) 3quotes for the 10' 0" x" hnpact SIjiding Door T wopocket; four panels tow tracks Gray frame with standard tint glass. 1-Marschang-12,300.00 2-Sasser's Glass 12,900.00 3 -Capco 10,933.00 -2 101001 Going with Capco for this window. 3 quotes for the other 3 windows in front (1) 114x87 with 3 panels 120x87 with 3 panels and 74x63 with 2 panels. 1 -Stan Hickock Enterprises —12,631.00 2 -Capco -11,735.00 3-Sasser's Glass 9799.00 Going with Sassers Glass for these windows. 3 quotes for Stucco work on the outside of the building 1 -Welch Plastering -14,900.00 2 -All in One Construction -6,800.00 3 -Lugo Concrete Corporation -5600.00 �N Going with Lugo Concrete for the Stucco _ J 3 quotes for Landscaping 1- Wellington Gardens- 12,386.00 2- Carter and Assoc. -10,260.00 3- Big Orange- !I�.� � i �► % 4 Going with Carter and Assoc. for the Landscaping CA P CO Consolidated Aluminum Products Co - 825 N. 4th Street Lantana, FL 33462 PROPOSAL Fax 561-582-6291 - 1-800-281-0179 e 561-582-3060 Lic. No. CBCA09182 561-601-9692 Cell Insured 'PROPOSAL SUBMITTED TO PHONE 7 -q7 - STREET 12� JOB NAME r26 - - CITY, STATE AND ZIP CODE J06 LCKATION we h"t�y prooc*4 tc furmtsh rnaterWe and tabor Moemswy for Me =rnPW1KM at o, - 1,V 7 e7 12 -F,7 l -Y WE PROPOSE hereby to fumish material and labor - complete in accordance with above as follows: the sum of: dollars All material is guaranteed to bra as specified. All work to be completed In a sub- sjanij.-J wockmanlike mannar according to spsoftabions submhiod, per standard At orz practices. Arry alteration or deviation from above specifications Involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon stAkee, accidents Note: This may be [o*'delays t-Avond our control. Owner to carry fire, tomado and other necessary days wfthdr us if not accepted within insurance. .4jr n;, ACCEPTANCE OF PROPOSAL The above prices, speclillc4tions and conditions are satisfactory and are hereby accepted. You are auftHzed to do the work 83 SP068ecr. Signature Payment will be made as outlined above. Nile of Acceptance Signature ` SASSERS GLASS WORKS Fax:5616592176 Nov 4 2009 00:56Pm P001/001 Sasser's Glass Works, Inc. SERVICE CARDER 504 Datura Street Nest Palau Beach, FL 33401 10/29/2009 Phone # 561-833-8495 Fax # 561-659-2176 CUSTOMER NAME/ADDRESS JO@ LOCATION /ADDITIONAL INFO MASTERCRAFT BOATS 725 N FEDERAL MW BOYNTON BEACH, FL 33435 737-9423 PH 737-1510 FAX Customer Phone # CuMomerAlt Phone P.O. # / Contact Into ! Rep- Temw TANYA. COD Description Qty Amount MEASURE, FURNISH AND INSTALL FD(ED FRAME IMPACT WINDOWS. 113-5/9"X86-1/2" 3.PANELS (1. THUS) 122-1/4"X 87.-92" 3 -PANELS (3 THUS) 74" X 64" . 2 PANELS. Q T4US) Redd By: Date: COD: CASH$ CK# C/C# 'ON ACCT I '1* 9,799.00 Subtotal $9,799.00 Sales Tax (6.5°x) $0.00 . Total $9,799.00 SRSSERS GLASS WORKS Fax:5616592176 Oct 28 2009 M 15am P001/001 113-sw 122-INg 74r' ATTN: MIKE FR©M: TANYA SABBER- CLASS I THUS WE 57-X111" 2 THUS ALL FRAME alzm :3i 1 9/9/2009 2:59 PM FROM: W Plastering Welch Plastering, Inc. TO: 737-15 2Ue" g4tc. 716 N.E. Third Street Boynton Beach, FL 33435 Ph. ( 561) 736-3515 Fax ( 561) 736-3522 NAMEIADDRESS. South Florida Master (:raft 725 A.-deral Highway Boynton Beach, Ft. 33435 DESCRIPTION I PRICB'IY) INCI.UDE: PAGE: 002 OF 002 PROPOSAL DATE ESTIMATE NO. 8/21/2M9 W-655 1. DF,MO METAL PANELS AND COVERED AT SOFFIT A'1' LEFI' SIDE OF FRONT ELEVATION. 2. FRAMED NEW PARAPET TO TIE INTO UJS'TLNG. 3. PRESSURE CLEAN EXISTING WALLS TO ACCEPT STUCCO. 4. LATH AND STUCCO ATEXISI7NG AND NEW PARAPET. .5. STUC:C:OOVER EXISTING BLOCK WALLS AT EAST AND NORTHELEVATION_ 6. BLOCK UP GARAGE OPENING APPROX. Y H10L 7. LABOR, MATERIAL AND STAGING FOR STATED SCOPE 01, WORK. DUE TO INSURANCE/UABUM, STAGING PROVIDED FOR OUR WORK ONLY AND CANNOT 13B USED BY OTI-IRR TRADES. 'NO OTHER WORK FIGURED OTHER THAN WHAT IS SPA"rED ABOVE. ANY ALTERATION OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOLVING EXTRA COSTS WILL BE EXECUTED ONLY UPON WRITL'6N ORDERS AND W I L BECOME AN r.XTRA CHARGE OVER AND ABOVE ESTIMATE." ALL DEBRIS GENERATED FOR THIS SCOPE OF WORK WILL BE DISPOSED OF 1N ONSITE I)UMPS'rER PROVII)tsD BY OWNER. PERM IT TO BE 0BTA1NED BY OWNER. All material is guaranteed to be as specified. All work to be completed in a prof6mional marmer according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond out control. Our workers are fully (coveted by Worker's Compensation insurance. WE PROPOSE hereby to furnish material and labot - complete in accordance with the above specifications for Ile sura of: TOTAL $149900.00 Authorized atu Signature Acceptance of Proposal - The above pdoes,'specifica6ons and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments wilt be matte as outlined in contract. Customer (Authorized Signature) Acceptance Date delc:h '(Authurized Signature) Acccptanee Date Note: This proposal may be withdrawn by us if not accepted within sixty (60) days. N N 1i � CJ- AO 0 ,m - i Proposal Submitted To Jo l ,atior i t+j i!�ia131' S'iJST{! SiCCIT.IC TIC: iG `c:llil C5i'-.0aie5 '�, _. QA i h �_s Job 1 i _ Date of Pian_ C l�4 __icy We propose here`>;' to i l{-liSi ma,si` ,i a nC' lasso; conl+piete in accorudanc viith the above specificationsfor Ine sum C-: SI_____ with payments to be grade as follows: Dollars Any alteration or deviation from above specifications involving extra costs will be Respectfully executed only upon written order, and will become an extra charge over and submitted — - — above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Note — this proposal may be withdrawn by us if not accepted within __— days. 0(cceptance of Proposal The above prices, specifications and conditions are satisfactory and are Signature — --- hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. "n^^^+� Signature _ _�-.-- 56 i �9 LUGO CONCRETE. CORP. INVOICE No. 1796 1060 N.W. 199th St. • Miami, Florida 33169 c//0 9 BATE: Ph: 786-326-0779 • Fax: 305-651-2776 j2 P.O.#: GROUND CONDITIONS : POWER LINES: OTHER - SAFETY NOTE: **IF IT'S DANGEROUSt DON'T DO IT! ADVICE TOE OFFICE ** OPERATOR'S 5 TA 3htid wnn ? J AMONO0 ogni TOTAL HOURS TOTAL YARDS TRAVEL TIME PRIME 'FUEL CHh RGE _ EXTRA HOSES _ CONTRACTOR'S T t81 Amount , i IGNATURE: T MPS AND QuAN!"M VEIMW 9LLZL99S0E 80:01 660Z/80/ZZ (15t�r . ORDERED BY: READY MIX: JOBSITE: PHONE #: CELL #: COUNTY: I have• read the tams and conditions acid accept theta. I have noted the arrival time and pump size and a_ceept these. I atn aware of my safety responsibilities per the terms and accept them. AM ❑ AUTHORIZED SIGNATUREUATL': TIM>✓: PM 0 To be signed prior to star the work Day .'.'M T 4V Th F Sat Other Yards Pumped T # ' SIZE REQUESTED LEAVE YARD START ]013 FINISHED JOB EST. YARD POUR TYPE GROUND CONDITIONS : POWER LINES: OTHER - SAFETY NOTE: **IF IT'S DANGEROUSt DON'T DO IT! ADVICE TOE OFFICE ** OPERATOR'S 5 TA 3htid wnn ? J AMONO0 ogni TOTAL HOURS TOTAL YARDS TRAVEL TIME PRIME 'FUEL CHh RGE _ EXTRA HOSES _ CONTRACTOR'S T t81 Amount , i IGNATURE: T MPS AND QuAN!"M VEIMW 9LLZL99S0E 80:01 660Z/80/ZZ 11/08/2009 22:40 TO: South SUBJ: J.R. 5617938815 i it WELLIGTOMGARDENS ETON GARDENS A LANDSCAPE, INC. P.O. BOX 1330 LOXAHATCHEE, FL 33470 (561) 793-5577 FAX: (561) 793-8815 Mastercraft November 10, 2009 *St. Augustine LANDSCAPE TOTAL $12,386.00 Sod Q.22 per sq. foot to be determined at site IRRIGATION TOTAL $ 7,900.00 PAGE 01 UNIT TOTAL iT M i EB ICE PRICE 2 Royal Pa �;;n Relocated $ 200.00 $ 400.00 4 Cassia S 'rrattensis 10'-12' O.A. 150.00 300.00 3 Dahoon ' liy 12'x5' 300.00 900.00 5 Coconut ,alm 2' Wood 400.00 2,000.00 3 Silver 8 onwood 12'x5' 250.00 750.00 2 Tibouchi Std. 10x5' 300.00 600.00 2 Sabal Pal ' Relocated 150.00 300.00 1 Coconut ;aim Relocated 150.00 150.00 1 Yellow T Relocated 150.00 150.00 23 Dwarf Fsr hatchee 3 Gal. 7.00 161.00 120 Simpson topper 3 Gal. 8.00 966.00 150 Green Bu �onwood 3 Gal. 7.00 1,050,00 45 Yellow tx to Maui 3 Gal. 7.00 315.00 90 Duranta 3 Gal. 8.00 720.00 80 Dwarf C n of Thom 3 Gal. 8.00 640.00 55 Juniper P Tsonii 3 Gal. 8.00 440.00 Mulch, To sal & Fertilizer 2,260.00 *St. Augustine LANDSCAPE TOTAL $12,386.00 Sod Q.22 per sq. foot to be determined at site IRRIGATION TOTAL $ 7,900.00 PAGE 01 CARTER a ASSOCIATES landscape Architects 74 NE. 5th Ave. Delray Beach, FI. 33483 8.27.09 J & R WATER SPORTS c/o Mr. Michael Woods 725 N. Federal Hwy. Off. 561.272.9621 Fax 561.266.9918 Email: dhclainc@bellsouth.net LANDSCAPE ARCHITECT'S ESTIMATED COSTS Unit Cost Total 2 Tgt Tibouchina grandulosa/ Purple glory tree i 0x5ft. $250.00 $500.00 3 Rep -r Royal palms, relocated 8-10ft.gry.wd. $125.00 $375.00 4 Cst Yellow cassia trees 10x5ft. $165.00 $660.00 3 let Dahoon holly trees 12x5ft. $175.00 $525.00 5 Cnp Coconut palms 18-20ft.oa.,2ft.gry.wd. $350.00 $1,750.00 3 Cest Silver buttonwood trees 12x5ft. $175.00 $525.00 2 Sp -r Sabal palm, relocated 14-16ft.oa.,relocated $100.00 $200.00 1 Cnp-r Coconut palm, relocated 12-14ft.,relocated $100.00 $100.00 1 Tat -r Yellow trumpet tree, relocated 16ft.,relocated $100.00 $100.00 25 Tf Dw. Fakahatchee grass 3g. $8.00 $200.00 120 Mf Simpson stopper 3g. $8.00 $960.00 150 Ce Green buttonwood 3g. $8.00 $1,200.00 45 1-y Nora yellow 3g. $8.00 $360.00 90 De -ss Blue duranta, saphire 3g. $8.00 $720.00 80 Ek -d Dwf. Crown -of -thorn 3g. $9.00 $720.00 55 Jcp Parsonii juniper 3g. $8.00 $440.00 7 Planting soils cu.yds. 25 Mulch cu.yds. Sod (floratam) (if required) $25.00 $175.00 $30.00 $750.00 $0.25 Landscape Tota 35 29 OCT CITY OF BOYNTON BEACH- C1561-7426314 FL 36 29 OCT TEXACO 00302966 FORT LAUDERDA FL m 37 29 OCT THE HOME DEPOT 224 BOYNTON BEACH FL 38 29 OCT THE HOME DEPOT 224 BOYNTON BEACH FL N 39 30 OCT JAX HOUSE OF RIBS FORT LAUDERDA FL 40 31 OCT WAL-MART #2789 BOYNTON BEACH FL 41 31 OCT PUBLIX #196 BOYNTON BEACH FL 42 01 NOV LESTER'S DINER FORT LAUDERDA FL N 43 02 NOV SITEBUILDERBILLING.COM 877-477-3966 TX 44 02 NOV TEXACO 00302966 FORT LAUDERDA FL 45 02 NOV MASTERCRFT BT VONORE TN 46 02 NOV TEXACO 00302956 BOYNTON BEACH FL N 47 02 NOV SUNOCO SVC STATION BOCA RATON FL w 48 02 NOV ALL ABOUT FOOD FORT LAUDERDA FL 49 03 NOV TEXACO 00302956 BOYNTON BEACH FL 50 03 NOV RACETRAC459 00004598 BOYNTON BEACH FL 51 03 NOV RACETRAC459 00004598 BOYNTON BEACH FL 52 05 NOV NAPA AUTO PARTS 1712154 DEFRAY BEACH FL 53 05 NOV MSC INDUSTRIAL SUPPLY 800.645-7270 NY ' 54 06 NOV TEXACO 00302956 BOYNTON BEACH FL 55 56 06 NOV 06 NOV SHERWIN WILLWAS 021 PALM BEACH FL THE HOME DEPOT 224 BOYNTON BEACH FL 57 07 NOV ABC RENTALS BOYN BCH FL 58 07 NOV THECANVAS SHOPPE FLINT MI 59 07 NOV THE HOME DEPOT 224 BOYNTON BEACH FL 60 07 NOV AT&T 0195 BOYNTON BEACH FL 61 07 NOV CARQUEST 01082510 DELRAY BEACH FL 62 07 NOV RACETRAC459 00004598 BOYNTON BEACH FL 63 07 NOV RACETRAC459 00004598 BOYNTON BEACH FL 64 OB NOV TEXACO 00302956 BOYNTON BEACH FL 65 08 NOV WINGS PLUS 561-7529191 FL 66 08 NOV BJ WHOLESALE #0129 BOYNTON BEACH FL 7 � 67 09 NOV CTO'GOTOMYPC.COM UB-259-3826 CA 68 09 NOV PUBLIX #196 BOYNTON BEACH FL I 69 70 09 NOV 09 NOV TEXACO 00302956 BOYNTON BEACH FL SUNOCO SVC STATION BOCA RATON FL 71 10 NOV THE HOME DEPOT 224 BOYNTON BEACH FL 72 11 NOV SHERWIN WILLIAMS #2521 PALM BEACH FL t 73 11 NOV SUBWAY 41430 BOYNTON BEACH FL 74 11 NOV THE HOME DEPOT 224 BOYNTON BEACH FL 75 11 NOV ROBERT A LALANE DMD LLC BOYNTON BEACH FL 76 11 NOV ROBERT A LALANE DMD LLC BOYNTON BEACH FL 77 12 NOV SHERWIN WILLIAMS #2521 PALM BEACH FL _ 78 12 NOV TEXACO 00302956 BOYNTON BEACH FL 79 13 NOV FATSGS DELI BOYNTON BEACH FL 80 14 NOV EXXONMOBIL 12616926 BOYNTON BEACH FL SHERWiti! WILLIAMS. rl`J-WILLrAAfSS BOYNTON 8 BOYNTON BEACH Store 2521 BEACH Store 2521 2900 HIGH 2900 HIGH RIDGE .RD STE 1 RIOGERO STE 1 BOYNTON BEACH FL;""33426 8708 BOYNTON BEACH Ft (561358C';5999 (551)5 334`6 8708 Fax (561) 5864333 86-Fc�ar� Fax (501)11f:i5 _ www.sherwin-williams.com w�+w.sherwirt-wi i i ,cctn SALE SALE 1:02pm Tran -1 Tran # 0%-1-2 12/14/09 E05116154 3:r8"v E07/16154 10 VICTOR 1111,109 EDWARD PO# 725 FED CUSTOM Fi�iiT., 10 Order # OE002190302521 SNIN�z OF _ , 1'0# CASH CUSTOM FINISHING OF S. FL INC. ;ccnunt 9946- { 11 ?8C. Account 9946-5382-2 Bi J i Job 1 C1tST0t4 FINI SHINC OF -2, Ft --L Job 1 CUSTOM FINISHING OF S. FL INC. CUSTOM FINISNIFIB Off' S INC. i o: PO BOX 3326 Ft ik4• CUSTOM FINISHING OF S. Ft INC. BOYt1T0N PFyj;u FJ ?3424 PO BOX 3325 CSuf)734-785) BOYNTON BEACH, FL 33424 6403,54221EGAC — �_-�V 6403-99762 5 GAL t A82T154__ X1200 B3Ti2<5i A1OO LTX SA ULTRA t1K Sf; EX Nil `� 5.00 O 26.39 131.95 15.00 Color: W517 REGATTA 21:34 SUBTOTAL -``'----_` 320.10 AK 32 64 .128 6.500'— Wi White 5 48 - VISA SALES TAX;1-10,3342600 320.10 C/C# 20.81 L1 Blue 36 46 1 1 xXXXXXXXX1�}(K7t361 91 R3 Magenta 5 25 1 Auth # 049 4 -340' R4 Now Red 4 51 TOTAL Y3 Deep Gold 2 11 - - - 5340.91 Sher -Color Foreula ust " SUBTOTAL -� 131.95 r S79nature 6.500% SALES TAX:1-103342600 8.58 VISA -140.53 Date ` Thank Y C/C# XXXXXXXWXX78611 OU receipt rir for _--__ Auth # 072143 reft,fnd TOTAL — $140.53 13 4 12-2009* eusteaer.CMpy Customer Sigiatur-e v Date --- That* You --------- receipt required for refund 10/16/2009 03:34 9547768170 ULITMATE FOAM PAGE 01 10/16/09 14/24115 ULTIMATE FOAM Item Number 35021 Job Number 42116 Date 10/16/09 Account# MM1300 Status Manager s Customer MIKE Sets 1 Pq # MIKE Lot # Price c Set Price Total Description Quantity Price 1 18 X 24 X 96 145 Lf 164.271 0 2 16 X 24 X 96 145 Lf 631.354 108 3 26 X 24 X 96 WITH BACK LEG 145 Lf 1105.867 108 3 c'�S 12/16/2009 01:34 9547768170 VM "" FOAM now'1.�`lu MM1300 MASTERCRAkT 561-312-8388 Due on receipt 145 LF 11/23/2009 16X24X96 STATE SALES TAX ULTIMATE FOAM PAGE 01 11/23/2009 32240 4.35 630.75T 6.00% 37.85 �.n.1� ia9a,g5 VI. CONSENT AGENDA: I. Approval of Commercial Facade Grant for Smithcase, LLC j1JqyATPN East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 X I Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Approve the Commercial Facade Improvement Grant application for up to $15,000 to Smithcase, LLC for program eligible items at the property located at 234 NE 60' Avenue, Boynton Beach, FL SUMMARY: Smithcase, LLC, as owner of the property located at 234 NE 6th Avenue, has submitted an application to the CRA's Commercial Facade Improvement Grant Program. Eligible items under grant program guidelines include exterior painting and structural repairs, awnings, signage, lighting, paving and landscaping. The applicant is proposing a scope of work that includes parking lot re - pavement, remove/install impact windows and signage. The Commercial Fagade Improvement program reimburses 50% of the applicant's expenditures for the eligible improvements up to a maximum grant total of $15,000.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: Up to $15,000.00 from project fund line item: 02-58400-440. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Federal Highway Plan and Downtown Masterplan RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application for up to $15,000.00 to Smithcase, LLC for program eligible items for the property located at 234 NE 6th Avenue, Boynton Beach, FL. Michael Simon Development Director T:WGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 -2010 Board Meetings\01-12-10 Meeting\Comm Facade Grant - Smithcase LLC.doc '[ 041, i&Jq East Side—West Side—Seaside Renaissance 2009/2010 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000 (Please Print Or Type Only - Use Additional Sheets If Necess ) APPLICANT INFORMATION Name of Property _ Owner: SM 17K 6A --SL L . Address of Property Owner: W y one # av: .234 )0,E 6:6 /k- VE Zip Code: .3 43 S '-9(o9-9757 Evening: _ �S`�-►�-, --- Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): If Different from Property Owner Name of Business: Address of Business: City/State: Phone # Day: Evening: Zip Code: Type of Business: Qu+}c.rs t DQy n -stoop ts Years of Operation: I 1 y r -s - Number of Employees: 1.2.. Annual Payroll: Number of Employees residing in Boynton Beach: 4 - List of improvements proposed: 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: The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached CRA 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 improvements for this program include: • Painting • Shutters • Signage (located on the building or the property) • Awnings/canopies • Decorative exterior fagade improvements • Exterior 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 Ws 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 50% matching grant for eligible fagade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds. Example: Total project.costs: $18,000.00 Applicant funds expended: $18,000.00 CRA reimbursement: $ 9,000.00 6. The Facade 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 five year period for any one property. Properties may re -apply for additional grants any time after five (5) years from previous grant approval. Project phasing of up to two years can be requested. 8. The property owner, or tenant if applicable, must complete the fagade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the fagade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 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 (if applicable). b. CRA has received copies of final "paid in full' vendor/contractor invoices. C. CRA has received copies of final inspection approvals for all permit required work. C. Entire scope of work for eligible items is completed. d. Applicant provides "After" photos. APPLICATION PROCESS 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 with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. Appropriate grant program documents will be prepared and submitted by the applicant. CRA staff will then present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month and the applicant will be notified of grant approval by regular mail. 4. The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City building inspections, the CRA will inspect the work to determine the 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 Fagade 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. 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, O Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), A minimum of four (4)" x 5" color "before" photos of the project which must include "public views", -Ov t view 0ry Signage design with colors & materials proposed if applicable, • Project color chips / material samples if applicable, • And material specifications. Applicable documents must be attached for the Application to be processed. 4 By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Witness (Date) P operty Owner (Date) (Property owner's signature must be notarized) \ kJ& Witness (Date) Tenant/Business Owner (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer (duly authorized by law to administer oaths and take acknowledgements, personally appeared NeA-- Sr~ < VA-" , who is personally known to me or produced as identification, and acknowledged she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is hi /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 11115'10day of PGP�r4Jc,l 204�r . NOTARY PUBLIC SAW CASMT MY COMMIs810N # DD 759010 My Commission Expires: € EXP1RM.F*u 13 .rr„°, r , r JqYNTP A East Side—West Side,-Seaside Renaissance 2009/20/0 COMMERCIAL FACADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new fagade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 2. The CRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. 3. A minimum of three (3) inspections by the CRA may be required. Those CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA. These inspections in no way are substitutes for required City Building Code inspections and compliances. 4. The property owner, or tenant if applicable, must complete the fagade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the fagade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills elated to the Project are paid in fuli icluding, but not limited to; all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re -imbursement shall provide a minimum of four 3"x5" color "during' photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. 3. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. 4. Grantees may not submit fagade work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Fagade Grant program will only honor new expenditures that have not been submitted under other grant programs. The Fagade Grant program may only be used one time in any five year period for any one property. Properties may re -apply for additional grants any time after five (5) years from previous grant approval. 5. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials. (2/17 6 � Property Owner (Date) ►2--/, f® Tenan usiness Owner (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer dulyauthorizedby law to administer oaths and take acknowledgements, personally appeared O�,e-j— ` I"-°- k'-k"� , who is personally known to me or produced as identification, and acknowledged G/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is"i 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 �� day of20gj. 'e NOTARY PUBLIC My Commission Expires: SARAN CASEBMT __ MY COMMISSION # DD 758010 Am" P, BondedlThru Notary PubNc Underwnters Custom Rain Gutters utter 1h • Soff# • Fascia • Vinyl Siding 744 Rider Road • Boynton Beach, FL 33435 Phone: (561) 369-8797 • Fax (561) 369-8796 Project work: 234 N.E. Sixth Ave. Boynton Bch. F.L 33435 The details of the project are ; but not limited too: The asphalt parking lot has been worn down and never maintained as you can tell by the pictures that none of the parking spots or handicap paint is visible and that there is pot holes throughout the parking area. With that in mind I propose to have the surface re -asphalted with an inch and a half coat and the parking spots repainted. The next would be to have the store front windows removed and replaced with impact windows and door. The windows and door are old and leaking because of hurricanes : Frances, Jeanne and Wilma. The former owners used plywood to cover the openings and in doing so screwed into all the frame work and ruined the frames. The final thing would be to add signage on the front of the building. I have decided to go with my company logo . ( as shown on this letter head.) I think that with all the sweat equity I have put in, and the help I receive from the C.R.A this property will not be the eyesore that it was. The time frame for this project would be determined by the sub -contractors schedule, but I think an estimate of thirty to sixty days would be accurate. Thank You, Rhea Smith ECONOMYPAVING & MAINTENANCn 11535 Persimmon Bled, West Palm Beach, Florida 33411 Phone 561-798-6437 or Fax: 561-688-9872 Bus License Certificate #: U-19923 WW W.EC0N0PAVE.00N1 PRopoSALsuf3Mlrre0o _ PHONE DATE GUTTER SMITH 561-369-8797 12/10/09 STREFTADDRESS - JOBNAME 744 RIDER ROAD ASPHALT PAVING CrrV. STATE and ZIP COOS JOB LOCATION �� s BOYNTON BEACH FL. 33435 1 234 N.E. 6th, AVE. BOYNTON BEACH AAC'if1ECr MIKE STEVENS JOBA'rtONE cell 436-6789 fax b9-8796 We hereby subrnit specifications and estimates for: POWER CLEAN & PREP- AREA REMOVING DIRT, GRASS & LOOSE BROKEN ASPHALT: SAW CUT & REMOVE ASPHALT AREAS LEVEL-WITH.CONCRETE APROX. 1_ Ft. OUT. PRE -LEVEL EXISTING HOLES & LOW -AREAS WITH HOT ASPHALT PRIOR TO PAVING. APPLY ADHESIVE TACK COAT TO EXISTING ASPHALT PRIOR TO PAVING. PAVE AREA WITH l 2 INCHES COMMERCIAL GRADE ASPHALT MACHINE APPLIED ROLLED TO COMPACTION.' RE -STRIPE PARKING LINES, MARKINGS & CAR STOPS WITH D.O.T. TRAFFIC PAINT MACHINE APPLIED. 12,500 Sq. Ft. $ 1.10 PER Sq. Ft. -ALL MATERIALS AND WORK kNSRW GUARANTEED ONE YEAR FROM COMPLETION - We Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: THIRTEEN THOUSAND SEVEN HUNDRED FIFTY -----------------dollars($ 13,750 ) Payment to be made as follows: $ 6500.00 DEPOSIT TO BEGINWORK $ ----- AT50%COMPLETION .S Z250.00ON COMPLETION oFWORK All maaerial is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard Dmctices. Any alteration or deviation from soove specifica- AUfhOnEed tions involving extra costs will be executed only upon written orders, and vd8 become an Signature — --- extra charge over and above the estimate. AV agreements contingent upon strikes, accidents or delays beyond our confrol. Owner to carry fire, tornado, and other necessary insxance. Nate: this proposal may 90 Our workers are fully covered by Workmen's Compensation Insurance. Permit fees if neeeed withdrawn by us ff not -accepted within days. not included in estimate. Acceptance of Proposal _The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do Signature the work as specked. Paymentvuil be made as oulfined above. Date of Acceptance: Signature SOLID ROCK PAVING �OLLC �A� License ft U49973 PAVING EXCAVATING CONCRETE PATCHING SEALCOATING 11066 46TH PLACE N. • ROYAL PALM BEACH, FL 33411 PHONE (561) 333-5281 • FAX (561) 333-9865 PROPC•SA, SUBMITTED TO ..' t� + PHONE DA -E lag V..r STREET I JOB NAME C -TY. STATE AND TIP CODE JOB LOCATION CONTAC- JOB PHONE we nereny propose to wrmsn riarenars ana moa necessary Tor the compLeuon a: O EXCAVATED AREA W OVERLAY14_�k PK--3A-AAkV i O BASE ROCK & O SEALCOAT FINE GRADE TACKCOATO �� CONCRETE 0 INSTALL ASPHALT OTHER 1 it' L �i r� � t'�l�fCI MAR AR 1 � 50% DEPOSkT REQUIRED ON SIGNI G OF CONTRACT & BALANCE' 'UE UPON COMPLETION. WE PROPOSE: hereby to furnish materials and la or - complete in accordante ith the abovefsp ciiications, for the sum of: doilars (S i �� } r I All material :s guaranteedp be as specified. All work to be comF sled in a substantial Authorized workmanlike manner accdrdingtosnecificationssubmitted. per st dardprac•.ices.Any Signature alteraticn or deviation front above specifications involving extra c sts will 5e executed - only upon written orders; and will become an extra charge over an above the estimale. " too ga:rrantee against vegitation growth r ACCEPTANCE OFPONTRACT The above prices, spe.,flications and condi- Signature tions are satisfactcry andl are hereby accepted. You are authorh ed to do the work as specified. Payment willmade as outlined above. Signature Date of acceptance:— Pape No. r: (561) 478176710 Fax (561) 422-0929 of Pages GUTTER SMITH 561-369-8797 12 11 0 Joe Flihwz-_ 744 RIDER ROAD QVERLAV Carr, arA and OPCODE JCB LQCATVON BOYNTON-BEACH FL. 33435 C 234 N_E_ 6th AVF._ 1369-8796 Wt Igropo8P hereby to furnish inatc►1sl and labor — cornp(ete in accordance with C.pecffications below. for the sum of 61XTEEN THOUSAND EIGHT HUNDRED daNeres E$ 16,800 } fsym.nt to b• nada s roltorsa 50% DEPOSIT _ BALANCE r)N ci lmPT,F.TT ON lriees coma chsaw dae b rising oil carie. Jul rdosial M -guaranteed to bon spasmed. Au woM to tm corroloW In a,werloranlika manner 4co0f Wi to trigndardpmatioea Any alterttion Autwirca or deviation burr _-4=4A.0WDM below ImVI AV am cbeh wa, be rxeeuted only Wn wriom 6110neture drnam &no wee beeoma an wora&a-9t over Bed above trte WiffEe. Nl aQreamwnis mnlingera NOia: This prppDBal may be upon eoicae, acadantr, as dabys beyono out co�woL.0wrhar to carry ripe, lomaeto and oCta; Wlthdrawn by ua It not aCCOMV 1Mtrun OPya- rmcassxyinsuranee. Dur worlsere we tali ovevred by Woftmnis Compensailon Insurance. we hereby aubtnit specMa"44 and tett wtaf for. CLEAN PREP. AND TACK COAT AREA OVER LAY AREA WITH FINCH ASPHALT ROLLED TO COMPACTION. PARKING LINES & MARKINGS. [�,TRIPE SET CAR STOPS .SPIKED IN PLACE. ----------------- An8vt=t of — Tno above prvcsa.apacMlcnlbna and Condlgooa aro 11AVzf6c4bry and are hetaby accepted. You 04 tuMOrizad tSipn &We to do Ina work as specified. Patmew wplbe maga"puflrrred atmre. Cale.oi Accentant:a: Sigrwhxe .� * =a Signature Signs & Graphics, LLC %-: 332 W. Boynton Beach Blvd Ste. 6 Estimate: 2837 - Boynton Beach, FL 33435 ph. 561-736.3712 fax 561-736-5313 Printed 12/17/2009 9:05:52AM email: signaturesignsbb@earthiink.net Description: 18" Channel Letters to read GutterSmith Prepared For: Ray Smith ph: (561) 369-8797 Company: Guttersmith fax: (561) 369-8796 email: guttersmith@bellsouth.net Dear Ray: Sincerely Clayton Batson General Manager Product Font Qty Sides Height Width Unit Cost Item Total 1 Electric Wall Mounted Unit 1 1 18 120 $3,500.00 $3,500.00 Color: Description: 18" Channel Letters to read GutterSmith - Installed on west side of the building. Text: Notes Company: Guttersmith 744 Rider Road Boynton Beach, FL 33435 Line Item Total: $3,500.00 Subtotal: $3,500.00 Taxes: $227.50 Total: $3,727.50 Deposit Required : $ 1,863.75 Received/Accepted By: South Florida Sign Factory 2275 South Federal Hwy. Suite 310 Delray Beach, FL. 33483 SignFactory@aol.com Name / Address GutterSmith N.E. 6th Ave Boynton Beach, FL. stimate Date Estimate # 12/15/2009 530 Signature Phone # Terms Rep Project 50% DEPOSIT COD SignFactory@aol.com Item Description Qty Rate Site Number Job Number Total Channel Lett... 18" front lit Channel Letters on a raceway with LEDS Price to include manufacture, permits, and installation 1 3,700.00 3,700.00T A 50% Deposit is Required to Start all Jobs Balance Due on Completion. Thank You For Your Business Subtotal $3,700.00 Sales Tax $240.50 Total $3.940.50 f Signature Phone # Fax # E-mail 561-274-6565 561-274-6584 SignFactory@aol.com pec 14 09 04.:47p so 561-888-2154 P.1 'JIhl'rrd Stireet Si s FAX TRANSMISSION PHONE: 561-374-9111 FAX: 561-374-8605 NUMBER OF PAGES INCLUDING THIS PAGE: 3 RAY SMITH FROM:T3 O: SUBJECT:DATE: 12/14/2009 QUOTE Please find to follow our proposal for the signage that we discussed earlier today. We look forward to being of service to you! Thank You Dec 14 09 04:47p sc T hdrd Sheer Signs 561.3` 4.9111 i. Date: December 14, 2009 Job Number: 091246 TO: Gutter Smith ITEM NO. '561-888-2154 p.4 ITY DESCRIPTION UNIT PRICE TOTAL 1.00 Fabricate & install one sign cabinet: 2,487 65 2 487 65 Size: 4'x 10' Color: To be determined Layout: 0,er drawing:#001246 (Subject to customer approval) Face: 1/4" White Lexan Graphics and Copy first surface Internally illuminated using HO flourescent tubes UL Labeled Electricity to within 6' of sign by customer 1.00 Permit (Includes fees, drawings, engineering; processing) ` 350.00 ! i 350,001 Terms: 33% Upon contract 33% Upon issuance of permit Balance upon delivery i i We accept Master Card, Visa &American 'express Subtotal 2,837.65 Tax rate 6.5 % Tax 161.70i Total 2,999.35 ch a f', I I.` U U 120.00" Custom Rain Gutters O C) C6 Soffit = fascia Vinyl Siding PROJECT: SCALE: 3X'= 1' DATE: 12-14-09 DRAWN BY: SC REVISED: DRAWING NUMBER: 091246 APPROVED BY: D 16 2004 4 IN tiIw 'WINDOW ?� 1)U0~' � J R SIW Impact Windows and Doors 0U0TAT10N Quote Number: 2060610 Sales Rep: Abe Lopez Quote Date: 12/16/2009 Terms: 50 % Deposit Quote Expires on: 01/15/2010 Date Printed: 12/16/2009 Route: DFLT Default Route Ship VIA: Bill To: ARMSTRONG Ship To, ARMSTRONG BUILDING CONTRACTORS RAY SMITH 975 S CONGRESS AVENUE 234 NE 6TH AVE DELRAY BEACH, FL 33445- BOYNTON BEACH, FL v Qty Product Description Unit Net Extended (+70.0 / -70,0 PSF -) 1 SIW- FRENCH DOOR X (w/DBL RH SIDELITE) LH OUTSWING 4,854.50 4,854.50 (w/COMMERCIAL SILL) 3468(CUSTOM 138 x 84 x 39 3/8) 1 LITE BRZ 7/16 IMPACT HS W/PVB INNERLAYER BRONZE -US10B OIL RUBBED BRONZE HINGE -SENTINEL MULTI -POINT LOCK 01-A-01 (+70,0 / -70.0 PSF') 1 SIW- FRENCH DOOR SIDELITE 5068(CUSTOM 57 1/4x84)1 LITE BRZ 1,729.00 1,729.00 7/16 IMPACT HS W/PVB INNERLAYER BRONZE 11 01-A-01 (+70.0 / -70.0 PSF ') 1 SIW- FRENCH DOOR SIDELITE (LH JAMB ONLY) 5068(CUSTOM 57 1/4 x 1,729.00 1,729.00 84) 1 LITE BRZ 7/16 IMPACT HS W/PVB INNERLAYER BRONZE 11 DAW;MART*A saiwCbmuttent L#O1,�7, W12S1294 i MANUFAEhJPERS OF IMAMOPACTMING.... Froncb•Ooor - 31ngIo Hund Flx Arches VAndows - dnd Showroom ► Factory 561.274.8283 Broward 954-746-4746 Dade 305.512-5898 I! wWWS1Wknpectwiedow4.00m CeI! 954-934-6649 975 S. Congress Ave. 0`102 Fax 561.274-9262 Delray Beach, FL 33445 E-mail: dmarana(d@siwimpsctMndowe.00m QUOTE INCLUDES REMOVAL OF EXISTING STOREFRONT AND INSTALLATION OF SIW IMPACT STOREFRONT SYSTEM. Total Materials: 8,312.50 Sales Tax: 540.31 QUOTE Total Amount ------- —> 8,852.81 Dec 16 2009 1:37PM HP LASERJET FRX itn TO: Fax TOW Hunew of (induding=this . Y--4 ------------ If you MaY ts" +cmtAIt � skmMV Qf' fYY Ote GOof (561) 374-9022 Oft radhtdy. ThL &'. PWW notify tl►& axy px► imO Wabboft It yu ��adon p.i Dec 16 2009 1:37PMi HP LASERJET FAX PGT Aluminum windows and Doors French Doors a Storefront ROYAL PALM ALUMINUM, INC. Window Division 321 Railroad Avenue Boynton Beach, FL 33435 Phone (561) 374-9022 • Fax (561) 738-0687 Lic. #SCC050660 .2 Seamless 6" Gutters and Downspouts Retail Store & Showroom ,p. o. RPA chub not be resparnbis for daffy resulting from strikes, labor dGfiCuillas, 41res or Char C&SUOY, or Rrry am" adulso&Wbeyond *a Control. ts. Exterior parinwler quictrp tddae be by other. 7. General oontrwwr 10 pmvWs IN and Wer for matedais above nkat Root. CUSIMER DATE WM@ Copy - CUSTOMER 1 YoUbw Copy - ACCOUNTING 1 Pink Copy - SALES susavlstoN OL& BLOCK L D At)DREBS T CONTACT NAME _w^ 0 D r ., t3Ali6AMN MINE l x FAX � q/yam i c//y /� J `� QTY SIZE MODEL TYPE pESCWTION F"S" GLASS OoLiDn GIASE TYPE BdiEENS�^ (✓1 LABOR TOTALS MATERIAL COVERED OW THIS CWTGICONIRACTf1E111IAM THE PAOPERTV OF RPA, HC, WE RESERVE TM RIGHT of REpOSSt 299 WITHOUT HOT1Cf3IF T"I TERIIA9 OF PAYMENT HAVE LAPSED. Terms of Safe: RUL UPtQfAI ENSTA_LLATION 1. StWelre or piss broken by Oftfs Is not oowred In this bid. 4. Gainers! conlrsoforb to be rssponebte for Window guards Or Wdef glass to oanfarm 10 Saurh Ffadda Building Code. 3. MetiarW %S)be hrvokwd aeon dnatalatbn of frames andJotgteaa. DOWWy and/or inetalleeon at acreef0mg may be'"i"Ield for dxnvenlIer" of dwstanw. but tMe shelf h no via, allets date of invoke or amount due. 4. In the oW ril /wt amount O OM fe nod PW Whim due, Intateat At htphat WW rota par Annan ahae sww"I A" ontotal arrwrwtremehlapdue.Ataces drlo0%mbne atibepaid byNwouasnwhetud 1"Sorbblsaeomeys TOTAL MATERIAL 'P r SALES TAX 770,E INSTALLATION ©e9pe� TOTAL V Ot POSIT SALLA CE Vk* ,p. o. RPA chub not be resparnbis for daffy resulting from strikes, labor dGfiCuillas, 41res or Char C&SUOY, or Rrry am" adulso&Wbeyond *a Control. ts. Exterior parinwler quictrp tddae be by other. 7. General oontrwwr 10 pmvWs IN and Wer for matedais above nkat Root. CUSIMER DATE WM@ Copy - CUSTOMER 1 YoUbw Copy - ACCOUNTING 1 Pink Copy - SALES L0: � A --CHRISTIAN GLASS 925 S. Congress Ave. Delray Beach, FL.33445 (561) 2783385 (954) 946-2244 (561) 840-0937 rax (561) 278.8599 Gutters Smith Proposal # 121509Fc 234 NE 6`b Ave December IS, 2009 Boynton leach F133435 PTS (561) 436-6789 Fax(561) 369-8796 We are please to quote the following project: Removal of iron impact storefront and replace with all new hurricane impact system consisting of aluminum frame and laminated safety impact Gray glass. All necessary equipment to bring the material in the building is included All to be installed per code with all the proper fasteners and caulking as needed . All necessary product approvals, shop drawings, and engineering are included. All products install by A -Christian Glass will meet or exceeded the, pressures dictated by the size of your structure. All taxes and deliveries are included. A -Christian Glass takes great care in all of our work, and therefore our window procedures for installation will included; `Drop clothes were needed. *Saw cut around the frame. *Removal and discarding of existing frames and glass. *Razor cut inside the frame. *Installation of Ila "Elco head painted tap cons, with a minimum of 23/4 " as per code. *Clean up debris and remove from site. 1 @ 9'6" x 82" Opening consisting of storefront frame 3 lights 1 11'6" x 82" Opening consisting of 3' x 82" Door and storefront frame 3 lights JOB TOTAL: $8,550.00 Continued on Page #2 7.A/TA gnWA ggvin NHTISTAHn H F9GAA/7.TgQT FGI:FA FAA7./GTf71 Page * 2 Gutters Smith Exclusions: • Window treatment and wall decorations removal. • Any unforeseen rotted wood or non structural walls that may need to be upgraded to meet 4rurrent codes. • Painting. • Drywall or stucco repairs as necessary. Deposits and payments: 1. st Deposit : A deposit of $3,000.00 is required with the execution of this contract_ 2nd Deposit: The 2nd deposit of $3,000.00 will be due with the delivery of the material to the job. 3rd DMosit: The final balance of 2,550.00 will be due with the completion of the job. SIGN: (Accepted By) (Date) All payrucats become past duc Twenty (20) Days horn LbA. invoice date. A late chargo of 2% per atouth will be added to any aceouut balance past due. 'If not paid according to contrw;t terms, it is agreed that the uccoum is considered delinquent. CuEcvt .tion costa, legal fees iac;umd io collect past due bills must also be ptud. Over due invoices will be s'ubjca to the maximtutt rate allowed by law and will be iucurrcd days from dta date of tht invoice. Collection Pees shall include, but not limited w; anurnoy tees, collection agency few and any other fees inc:urrod by A-(ytrisdau Glass in the attempt w collcc t the debt, will be die roKponsibility of rhe Customer Irani 11 •rn fnn7 /PT /?T Al H I* N VIII. INFORMATION ONLY: A. CRA Policing Activity Report for the Month of December 2009' and District Statistics for the Months of November and December 2009 JJJqyANt( RA East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 Consent Agenda I I Old Business I I New Business ( I Public Hearing IX I Other SUBJECT: CRA Policing Activity Report for the Month of December, 2009 and District Stats for Months of November and December, 2009. (Info.Only) SUMMARY: Monthly report, providing activity and data on Crime in the CRA District: November 2009: • Crimes — 66 • Arrests — 17 • Calls for Service — 1421 December 2009: • Crimes — 54 • Arrests — 8 • Calls for Service — 1239 FISCAL IMPACT: Cost budgeted in FY 2009-2010 from Project Fund 02-58500-460 CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations RECOMMENDATIONS: Info. Only Boynton Beach Police Department w;p N Q Year -To -Date Crime Comparison Report �•� ••a 2008/2009 CRA District December 2009 CRIMES Dec -09 Dec -08 + / - Nov -09 + / _ Y -T -D 2009 Y -T -D 2008 + _ Criminal Homicide 0 0 0 0 0 2 2 0 Sexual Offense 1 1 1 0 0 1 1 5 3 2 Robbery 4 6 -2 3 1 50 72 -22 Aggravated Assault 6 3 3 6 0 71 74 -3 Burglary 12 15 -3 14 -2 169 140 29 Larceny 29 33 -4 43 -14 417 402 15 Auto theft 2 2 0 0 2 1 35 60 -25 TOTAL 54 60 �-6 66 -12 749 1 753 1 -4 ARRESTS Dec -09 Dec -08 + / - Nov -09 + / _ Y -T -D 2009 Y -T -D 2008 + Criminal Homicide 0 0 0 0 0 3 1 2 Sexual Offense 1 0 1 0 1 1 1 0 Robbery 3 3 0 0 3 13 23 -10 Aggravated Assault 2 2 0 3 -1 25 39 -14 Burglary 1 0 1 6 -5 25 1 14 11 Larceny 1 7 -6 8 -7 77 58 19 Auto theft 0 0 0 0 0 10 8 2 TOTAL 8 12 -4 1 17 -9 11 154 144 10 Dec -09 Dec -08 + / - Nov -09 + / _ Y -T -D Y -T -D + 2009 2008 im' ` 1239 1417 -178 1421 -182 11 18847 18261 586 w 12/29/2009 CRA Police Team MONTHLY ACTIVITY REPORT MONTH: DECEMBER 2009 - i 00blk of ATE 4s' Ave ref to. drugs and prostitution g Federal Highway corridor. and East Ocean Ave Conducted surveillancat e a taz et' location the S Conducted numerous controlled drug buys in the HOB Made 5 buys recovering crack cocaine, schedule Il narcotics, Schedule IV,and powder cocaine -Arrested B/F for armed trafficking of MDMA, possession of a firearm by a convicted felon, child neglect -Arrested B/M for possession of schedule 11 and IV narcotics as well as warrants -Unit worked the Holiday Extravaganza - Assisted road patrol with calls for service. 12107/09 Patrolled the entire CRA District in vehicles as well as conducted traffic enforcement. -4in arrests and 16itations - Patrolled the Federal Highway Corridor in vehicles - Extra Patrols at all city: parks in the CRA District -Boat Club park -IC Park -Veterans Memorial Park - Officers attended the monthly CRA Board Meeting. -Conducted numerous controlled drug buys in the SE CRA District -made 5 buys recovering .7gms of crack cocaine and schedule I1 narcotics Assisted road patrol with calls for service. 12/14/09 - Based on a local BOLO, CRA Officers were able to identify and arrest aggravated battery suspect. 12/21/09 - Patrolled the entire CRA District in vehicles as well as conducted traffic enforcement. - Patrolled the Federal Highway Corridor in vehicles -Patrolled the HOB in vehicles - Extra Patrols at all city parks in the CRA District -Boat Club park -IC Park -Veterans Memorial Park -Mangrove Park -Jaycee Park Extra patrols -100blk of NE 4b Ave ref to drugs and prostitution -KFC ref to loud music -100 NE 10t` Ave ref to the old Booker T's PIL -Marina Village -Participated in "Shop With a Cop" at WalMart -Officers met at the Palm Beach County Courthouse and had 9 arrest warrants and 2 search warrants signed by a judge. -Executed a search warrant at 902 S. Seacrest -Arrests made on target for 2 warrants, 2 sale charges, as well as Possession of Schedule II Narcotic -Executed a search warrant at 503 SE 23`d Ave. -Arrests made on 2 targets in ref to 5 warrants; all for Sale of Cocaine - Assisted road patrol with calls for service. - Patrolled the entire CRA District in vehicles as well as conducted traffic enforcement. - Patrolled the Federal Highway Corridor in vehicles -Patrolled the HOB in vehicles -Extra Patrols at all city parks in the CRA District -Boat Club park -IC Park -Veterans Memorial Park -Mangrove Park -Jaycee Park -Extra patrols -100blk of NE 4`s Ave ref to drugs and prostitution -KFC ref to loud music -100 NE le Ave ref to the old Booker T's PIL -The Preserve -Marina Village -Conducted drug investigations in the HOB -Conducted 1 controlled drug buys, recovering .1 gm of Crack Cocaine Conducted surveillance at a target location along the S Federal Hwy Corridor 12/28/2009 -Officers off for the Christmas 2 day City Holiday -Patrolled the entire CRA District in vehicles. - Extra patrols at all parks and residential communities located throughout the CRA District. - Had vehicles speedometers calibrated -Extra patrols -100blk of NE 4th Ave ref to drugs and prostitution -KFC ref to loud music -100 NE l0t' Ave ref to the old Booker T's P/L. -The Preserve -Marina Village -Officers off for New Years Day -Assisted Road Patrol with Calls for Service on New Years Eve Warrant Arrests 6 Heroin Misdemeanor 6 Cocaine 1.2gms Cash Felony 2 ] 3 Methamphetamines Vehicles 32 Citations 13 7 Marijuana Guns Warrant Arrests 6 Heroin Charges Filed 11 Schedule II 53 Warrants Executed 2 Schedule III TOTAL ARRESTS 32 Schedule IV 13 Guns 1 VIII. INFORMATION ONLY B. Public Comment Log Monthly Update CRA Complaint and Comment Log T:\ADMINISTRATIVE\CRA COMMENT LOG\CRA Public Comment Log 4 «, Posted on Website: "Call me old fashioned, but, I don't think political campaigning has any place in the holiday parade. I go to watch the great bands, fun floats and enjoy the concert, not to be urged to vote for a particular candidate. Carl McKoy marching with a group that chanted "Vote for the real McKoy" (while he reminded people he was needed their votes) was a jarring note in an otherwise thoroughly enjoyable evening. Was this City Manager & Risk Manager approved by the CRA notified. Parade applicants are not and if so, were other subject to review. City Manager to candidates for various advise City Commission (annual offices offered the same letter) it is against City Risk opportunity?" Management Policy to throw candy 12/7/2009 Website I Lisa Hanley 732-0578 1 during any City parade. T:\ADMINISTRATIVE\CRA COMMENT LOG\CRA Public Comment Log CRA Complaint and Comment Log F -ADMINIS"I-R:1 I'IVL�C'RA ('O!NTMFNl- L()G\CRA Public thmment Lug Ms. Cassa wanted to suggest to the CRA/City that with all of the development heading our way, construction of a round -a -bout at the west end of the Ocean Avenue bridge, the intersection where marina village/dockside plaza/coastal towers are, would be a great idea and Michael Simon spoke to her about assist with traffic flow our agency and directed her to Jeff 12/10/2009 Phone Call Shirley Caasa 561-271-0392 and U-turn safety. Livergood. Concerned that the April Majoy spoke to her, and message boards from the explained that the message boards Holiday Parade have are scheduled for pick-up, and that been left on Federal Hwy it is the discretion of the company. too long after the parade The boards are priced for an alloted Did not give end, and that it is wasting amount of time, and the additional 12/10/2009 Phone Call Darcv phone 4 tax payer money. days here are at no charge. Appreciation for the Small Business 12/11/2009 Email Gay O'Brien 561-602-2540 Development Program N/A F -ADMINIS"I-R:1 I'IVL�C'RA ('O!NTMFNl- L()G\CRA Public thmment Lug CRA Complaint and Comment Log T:\ADMINISTRATWE\CRA COMMENT LOG\CRA Public Comment Log She relied on the Southern Trolley service and greatly missed it - Please send her the North Did not give Trolley Route 12/15/09 - Sent her North Trolley 12/15/2009 Phone message Vera Kelly phone # map/schedule Map & Schedule Asked if there was a response from the Palm Beach County Housing Brian Did not give Authority w/ respect to Executive Director responded by 12/22/2009 1 Email IFitzpatrick 1phone # I Cherry Hills vacant lots lemail 12/22/09 T:\ADMINISTRATWE\CRA COMMENT LOG\CRA Public Comment Log City: Boynton Beac`i State: FL Zip: 33435 Telephone: 732-0578 Fax: Email address: lisahanley2003@yahoo.com Question/request: Call me old fashioned, but, I don't think political campaigning has any place in the holiday parade. I go to watch the great bands, fun floats and enjoy the concert, not to be urged to vote for a particular candidate. Carl McKoy marching with a group that chanted "Vote for the real McKoy" (while he reminded people he was needed their votes) was a jarring note in an otherwise thoroughly enjoyable evening. Was this approved by the CRA and if so, were other candidates for various offices offered the same opportunity? Are you a resident of Boynton Beach-, Yes Do you own a business in Boynton Beach? Yes Are you an investor or developer interested in redevelopment opportunities in Boynton Beach? No Put me on your email list for future news and updates: Yes I ?iRi?nn9 -----Original Message ----- From: Gay O'Brien <gbo@lgkmarketingcc.com> To: Taylor, Jerry; ptaylor@pbcgov.org <ptaylor@pbcgov.org>; Bright, Lisa; Brooks, Vivian; info@flwbc.org <info@flwbc.org> Sent: Fri Dec 11 11:30:54 2009 Subject: Dod Morning, I wanted to take a moment to thank all of you: Mayor Taylor, Commissioner Taylor, Ms. Bright, Ms. Brooks and Ms. Kovach for the opportunity to learn more about the Boynton Beach CRA's Small Business Development Program. My husband and I attended last night's reception and were extremely encouraged by the potential benefits of this initiative. As four-year Boynton Beach residents, who just launched LGK Marketing Communications Collective, Inc. and pay a bit more in property taxes because we purchased our home in Renaissance Commons, we applaud the investment in and commitment to small businesses. Sincerely, Gay O'Brien Gay O'Brien LGK Marketing Communications Collective, Inc. P.O. Box 563 Boynton Beach, FL 33425-0563 P: 903.3LGK MCC C: 561.602.2540 www.lgkmarketingcc.com <http://www.lgkmarketingcc.com/> www.lgkmarketingmatters.blogspot.com <http://www.lgkmarketingmatters.blogspot.com/> 1 From: Bright, Lisa Sent: Tuesday, December 22, 2009 10:43 AM To: 'brianjfitzpatrick@comcast.net' Cc: 'Aaron Evans'; Blasie,Scott; 'Brian Fitzpatrick'; 'Buck Buchanan (Buck@ bucksbase.com)'; 'Cheryl Skinner (Unity_and_love@yahoo.com)'; DeGiulio, Joseph; 'Doris Jackson'; 'Everlene Baker (Everlene_7460@bellsouth.net)'; 'FIVEREADY@aol.com'; 'Hubert McIntosh (hubert@mcingibb.com)'; 'James W. Knight (jkncalco@aol.com)'; 'Jeff Rosa (Jester554@aol.com)'; 'Karen Jacobs'; 'Keturah Joseph'; Tesha Roundtree (L_Roundtree@yahoo.com)'; 'Lois Smith'; 'M. Newton'; 'Mark Karageorge (ma rkka rageorge@comcast. net)'; 'Pam Patterson (pampater@bellsouth.net)'; 'Patricia Fitzpatrick'; 'Rich Brochu'; 'Ricky Petty (Ricky. petty@gmail.com)'; 'Sherry Johnson (sherryccc@aol.com)'; Tim Rurey'; 'Victoria Castello (Victoria @cci n.com)' Subject: RE: Boynton Beach Cherry Hills Vacant Parcel Hello Brian. The Palm Beach Housing Authority has hired a consultant who spoke with me and other stakeholders in Palm Beach County (i.e., Habitat for Humanity, other Cities & CRAs) regarding the challenges of redevelopment. The Housing Authority held a retreat this past weekend - December 19 & 20 in which the consultant is developing a strategic plan. The strategic plan should be complete in the first quarter of 2010. At that time, the consultant will advise me of the outcome of the analysis I will notify everyone of the results. Please note that this has been sent via regular mail to Community Committee members that do not have email addresses. Lisa Bright Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 561-737-3258 (fax) brightl@bbfl.us From: brianjfitzpatrick@comcast.net[mailto:brianjfitzpatrick@comcast.net] Sent: Tuesday, December 22, 2009 8:46 AM To: Bright, Lisa Subject: Re: Boynton Beach Cherry Hills Vacant Parcel Lisa, Good Morning! Any response from the Palm Beach County Housing Authority on the Cherry Hill Property? It would be terrific, to finally start moving things along in Cherry Hill. 12/29/2009 rage /- of L Happy Holiday's, Brian ----- Original Message ----- From: "Lisa Bright" <BrightL@bbfl.us> To: "Aaron Evans" <1ilrev01@yahoo.com>, "Scott Blasie" <BlasieS@bbfl.us>, "Brian Fitzpatrick" <brianjfitzpatrick@comcast.net>, Buck@bucksbase.com, "Unity and love" <Unity_and_love@yahoo.com>, "Joseph DeGiulio" <DeGiulioJ@bbfl.us>, "Doris Jackson" <djack811 54@bellsouth. net>, "Everlene 7460" <Everlene 7460@bellsouth.net>, FIVEREADY@aol.com, hubert@mcingibb.com, jkncalco@aol.com, Jester554@aol.com, "Karen Jacobs" <karenrob10@hotmail.com>, "Keturah Joseph" <kjbbfbcdc@yahoo.com>, "L Roundtree" <L_Roundtree@yahoo.com>, "Lois Smith" <Ismtih_3@excite.com>, W. Newton" <kipsaigi@aol.com>, markkarageorge@comcast.net, pampater@bellsouth.net, "Patricia Fitzpatrick" <patriciapearl@gmail.com>, "Rich Brochu" <rich@florid afishingacademy. com>, "Ricky petty" <.Ricky.petty@gmail.com>, sherryccc@aol.com, "Tim Rurey" <trurey@charlandrurey.com>, Victoria@ccin.com Sent: Monday, December 7, 2009 5:06:30 PM GMT -05:00 US/Canada Eastern Subject: Boynton Beach Cherry Hills Vacant Parcel Dear Community Committee: Attached is the letter sent to Mr. Joe Zalman of the Palm Beach Housing Authority regarding the Cherry Hills vacant parcel. Please note that this has been sent via regular mail to Community Committee members that do not have email addresses. Lisa Bright Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 561-737-3258 (fax) brightl@bbfl.us 12/29/2009 VIII. INFORMATION ONLY C. CRA Media ilalqyANC RA East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 Consent Agenda I ( Old Business New Business Public Hearing X Other SUBJECT: CRA Media SUMMARY: Attached are copies of collateral distributed to local media pitching CRA activities/events, projects and programs. This information works to pique the media's interest and provide ideas for stories that will appeal to readers and meet the approval of the reporter's editors. Also included are the monthly Google Analytics statistics for the number of individuals viewing the monthly Board Meeting PodCasts: Releases, Advisories, Articles and Ads: • Boynton Beach CRA Creates New Online Business Map CRA Press Release (December) • Street parade, disco singer highlight Holiday Extravaganza. (12/02) SAMANTHA FRANK, Forum Publishing Group • Las Ventanas: Luxury living & new places to shop in Boynton Beach (12/04) WPTV Channel 5, Reported by: Lauren LaPonzina • Boynton & Delray Beach's Holiday Boat Parade 2009 (12/07) CRA Media AdvisoryBoat parade bringing holiday glow to Intracoastal Waterway in Boynton Beach, Delray Beach (12/09) Erika Pesantes, Sun-Sentinel.com • Boynton Beach CRA wins top state award (12/15) Florida Real Estate Journal Google Analytics Renort- Months PodCast Meeting Viewers: *Dec. 5. 2009 — Jan. 4, 2010 86 hits FISCAL IMPACT: None RECOMMENDATI NS: Nne IAW( Q r Margee W h Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\CRA Media December.doc' s_ r V, 46 East Side—West Side—Seaside Renaissance Media contact: Margee Walsh CRA Marketing Director (561) 737-3256, ext. 214 IMMEDIATE RELEASE Walshm@bbfl.us December, 2009 BOYNTON BEACH CRA CREATES NEW ONLINE BUSINESS MAP More Than 400 Downtown Businesses Featured On Interactive Web Site Boynton Beach, FL — Have you been searching for a particular restaurant or dry cleaner on South Federal Highway? Perhaps you're curious to learn what types of businesses, or how many, are located on Ocean Avenue. It is now easy and fast for residents, tourists and businesses to find what they are looking for on the Boynton Beach Community Redevelopment Agency's (CRA) new interactive Downtown Business Map http://www.boyntonbeachcra.com/map. Once on the homepage click on "Downtown Businesses... where the locals go!" at the top right hand corner to connect with the Downtown Business Map application. The easy -to -navigate map allows users to search for businesses within the CRA district by selecting one of five color -coded zones (Ocean Avenue, North Federal Highway, South Federal Highway, West Boynton Beach Boulevard or East Boynton Beach Boulevard) or by clicking on the type of service and exploring 27 categories. More than 400 local businesses are listed, along with information such as address, phone number, web site and description of services. Prospective customers or clients can read online reviews, watch business -specific videos and find the quickest route to the establishment through a link to Google maps. "The CRA's new interactive map is extremely user-friendly and we expect it will become a popular and useful tool," said Lisa Bright, CRA executive director. "If you're looking for a local mechanic or wanting to find a new favorite restaurant, the Downtown Business Map will provide plenty of great options... and it's fun to use." The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 -acre district. The organization focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. For more information on the CRA, its programs and activities, call (561) 737-3256 or visit www.boyntonbeachcra.com. sun -sentinel. com/news/palm-beach/boynton-beach/sfl-fl-bbf-holiday- 1202bbfdec02,0,1424552.story South Florida Sun-Sentinel.com Street parade, disco singer highlight Holiday Extravaganza SAMANTHA FRANK, Forum Publishing Group December 2, 2009 The Boynton Beach Community Redevelopment Agency has had to scale back some events this past year because of the current economic situation, but tradition prevails when it comes to holiday festivities. The city's 39th annual Holiday Extravaganza begins at 5 p.m. Saturday with a street parade, which runs north along Federal Highway from Southeast 12th Avenue to Ocean Avenue. Expect to see local politicians, police officers, firefighters, dance troupes, drumlines, pirates, clowns, and, of course, Santa and Mrs. Claus. "We always have a huge turnout for the parade," said Kathy Biscuiti, special events director for the CRA. She said that last year's holiday events drew a crowd of about 3,000, and she expects to see about the same number this year. "In this economy, people are looking for free things to go to, to have fun," she said. In order to cut back, Biscuiti said she scrutinizes every item on budgets before submitting them to the city, and the CRA has been hosting smaller events throughout year, such as a concert and movie series. "They're relatively inexpensive to put together," she said. The holiday lighting ceremony follows the parade at 6:30 p.m. The CRA will once again display a 50 -foot Christmas tree with LED lights next to a Hanukkah menorah and a Kwanzaa kinara. Last year was the first year the CRA decided to go with the more energy-efficient lights. "We're really proud of that," Biscuiti said. The nearby banyan trees will be covered with 3 -foot snowflakes. But the big talk of the night is the scheduled 7 p.m. concert by Grammy Award-winning singer Gloria Gaynor. She is celebrating the 30th anniversary of her hit song, "I Will Survive." Biscuiti said that the largest chunk of the CRA's $140,000 holiday budget is going toward entertainment. A stage for the performance is being built on Ocean Avenue between Seacrest Boulevard and Southeast First Street. Although there will be 700 lawn chairs available, Biscuiti expects to run out and said that concert -goers should bring their own chairs. Parking is available at the northeast corner of Ocean Avenue and Federal Highway, where a trolley will take people to and from the concert. The entire night is free and open to the public. Concession stands will be set up with food and drinks available for purchase. But the festivities don't end there. The following weekend is the annual boat parade, which is scheduled for 6:30 p.m. Dec. 11. The boats meet at the Bovnton Beach Inlet, where the parade begins, and head south to the C-15 canal at the southern end of Debra By each. Viewing areas are along the parade route and at the Boynton Harbor Marina near Two Georges Waterfront Grille. For the second year in a row, attendees are encouraged to bring new, unwrapped toys to donate to Toys for Tots, and they can flag down boaters to pick up their donations by waving a flashlight at them. Parking for the boat parade is available at the First Financial Plaza building, 639 E. Ocean Ave. For those who live farther south in the county, or those who just can't get enough of the holidays, Delray Beach is hosting its own holiday parade Dec. 12, and the famous 100 -foot Christmas tree will be on display at Old School Square. Boca Raton's 33rd annual holiday boat parade is scheduled for Dec. 19. Luxury living & new places to shop in Boynton Beach Reported by: Lauren LaPonzina Email: llaponzina@mTtv.com Last Update: 9:27 am BOYNTON BEACH, FL -- In response to a critical need for rental properties in the area, a new 494 -unit luxury apartment complex and shopping center will open tonight at the corner of Woolbright Road and Federal Highway. The Boynton Beach Community Redevelopment Agency (CRA) worked with developer Epoch Properties, Inc. to launch Las Ventanas. Located on 15 acres of land, the project promises to bring a needed alternative to the affordable housing shortage with apartments located close to downtown, transportation, shopping, entertainment and the beach. The public is invited to attend the grand opening from 5:30 to 8:30 p.m. A Ribbon cutting ceremony will be held at 6:00 p.m. To check out the new apartments and retail complex: www.lasventanasonline.com Media contact: Margee Walsh Marketing Director (561) 737-3256, ext. 214 Walshm _bbfl.us MEDIA ADVISORY � 4V1NTp s East Side—West S)de-Seaside Renaissance FOR IMMEDIATE RELEASE December 7, 2009 WHO: Boynton Beach CRA (www.boyntonbeachcra.com) WHAT: Boynton & Delray Beach's Holiday Boat Parade 2009, exciting activities for the entire family to celebrate the holiday season. More than 50 brightly -colored boats will motor down the Intracoastal Waterway. 2"d Annual Toys -for -Tots Drive, help ensure that every child has a toy for the holidays. United States Marines will be at the Boynton Harbor Marina during the parade collecting new, unwrapped toys for children in need. WHERE: Parade begins at the Boynton Beach Inlet and proceeds south to the C-15 canal south of Delray Beach. Viewing areas located all along the parade route, as well as at the Boynton Harbor Marina, near Two George's Waterfront Grille. WHEN: Friday, December 11, 2009 starting at 6:30 p.m. Photos available. All events are free and open to the public. Please, no pets. 561-742-6246, or visit www.boyntonbeachcra.com/newsevents.php Boat parade bringing holiday glow to Intracoastal Waterway in Boynton Beach, Delray Beach Boynton Beach -Delray Beach holiday event set for Friday Sun-Sentinel.com, Erika Pesantes, Staff writer, December 9, 2009 It's the yuletide season's celebration, South Florida -style: Boynton and Delrgy Beach's Holiday Boat Parade 2009 will showcase more than 50 festive vessels along the Intracoastal Waterway on Friday. The parade will begin at 6:30 p.m. and run from the Boynton Beach Inlet south to the C- 15 Canal, south of Delray Beach. Viewing areas include the Boynton Harbor Marina, between Boynton Beach Boulevard and Ocean Avenue. The Second Annual Toys -for -Tots Drive also will be held during the parade. U.S. Marines will be at the Boynton Harbor Marina collecting new, unwrapped toys for needy children. Parking to view the parade from the marina will be available at the First Financial Plaza, 639 E. Ocean Ave. Food and drink vendors also will be on site. Copyright © 2009, South Florida Sun -Sentinel December 15, 2009 Boynton Beach CRA wins top state award BOYNTON BEACH - The "Urban InFill Housing Development Program" - adopted in 2006 by the Boynton Beach Community Redevelopment Agency - recently won the Florida Redevelopment Agency President's Award, the top honor for best redevelopment project in Florida. The winning project covered the purchase, construction and reselling of nine homes to low- or moderate -income families in Boynton Beach. In an attempt to improve neighborhoods, the CRA began by purchasing six vacant lots from home owners and partnering with local non -profits to redevelop each lot. To make the homes affordable to buyers, the CRA sold the lots to different non -profits for $10 apiece, but required design standards, affordability levels and a development timeline. The newly -built homes have three bedrooms, two baths, impact -glass windows, standing -seam metal roofs, granite countertops, stainless-steel appliances, washer -and - dryer units, an irrigation system, landscaping and a one -car garage. www.boyntonbeachcra. com Content Drilldown 40 20 0 Dec 5, 2009 - Jan 4, 2010 Comparing to: Site Pageviews 40 20 0 Dec 7 1 Dec 14 Dec 21 Dec 28 ' Ja 10 pages were viewed a total of 86 times Filtered for pages containing "video" KOGIRI-I Pageviews Q1nIquq ,kv . Time on Bounce Rate % Exit $ Index 86 Pageviews age 25.00% 19.77% $0.00 % of Site Total: 46 00:02:13 Site Avg: Site Avg: Site Avg: 2,52% % of Site Total: Site Avg: 59.82% (-58.21%) 48.74% (-59.44%) $0.00 (0.00%) 1.66% 00:01:53 (17.59%) Page Pageviews Unique Avg. Time on Bounce Rate % Exit $ Index Pageviews Page (craoverview_videos_111009_p1.ph 23 11 00:03:24 50.00% 13.04% $0.00 P /craoverview videos_120809_p1.ph 16 7 00:01:05 0.00% 6.25% $0.00 p /craoverview videos_111009_p2.ph 13 6 00:00:28 0.00% 15.38% $0.00 p /video_PBC_21Strategic_Plan.php 12 10 00:02:51 0.00% 58.33% $0.00 /craoverview videos_111009_p3.ph 9 4 00:01:39 0.00% 11.11% $0.00 p /craoverview videos_120809_p2.ph 5 2 00:03:33 0.00% 20.00% $0.00 P /craoverview_videos_101309.php 3 3 00:10:34 0.00% 33.33% $0.00 /craoverview videos_071409_p1.ph 2 1 00:00:11 0.00% 0.00% $0.00 P /video_teen_police.php 2 1 00:00:29 0.00% 50.00% $0.00 /craoverview_videos_071409_p3.ph 1 1 00:00:13 0.00% 0.00% $0.00 P 1-10 of 10 1 Google Analytics y pLI) B -U SINIESS of Issuing ssuiFp for 8 Lots ng A, Consideration In NI-LI�, Corridor jj WjjqyATPtCMN East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 Consent Agenda IX I Old Business I I New Business I I Legal I I Other SUBJECT: Consideration of Issuing an RFP for 8 Lots in MLK Corridor SUMMARY: On November 10, 2009, the was discussion at the CRA Board meeting about spurring development along Martin Luther King, Jr. Blvd. by issuing an Request for Proposals for certain parcels in the MLK corridor owned by the CRA. The community has urged the Agency to building on its land. The Heart of Boynton Community Redevelopment Plan calls for small nodes of commercial development at MLK/Seacrest and MLK/Federal. The remainder of the MLK corridor is proposed as multi -family. SEE ATTACHED PROPOSED LAND USE MAP AND MASTER PLAN CONTEXT FROM THE PLAN. The CRA owns eight lots within the MLK corridor. SEE ATTACHED MAP OF RFP LOTS. These lots are located within the area proposed as multi -family by the HOB Redevelopment Plan. However, three of the lots stand alone and therefore would be more appropriate for new single-family homes. As directed, staff has drafted a Request for Proposals for the eight lots. SEE ATTACHED RFP. Some key points of the RFP are: 1. Respondents shall prove the financial feasibility of their proposal. 2. Proposals must be inclusive of all eight lots. 3. Design must be consistent with the HOB Plan and Schematics. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATION: Issue the RFP effective January 14, 2010. L46 s Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\RFP 8 HOB Lots.doc 3u Request for Proposals Heart of Boynton Community Redevelopment Project Boynton Beach, Florida The Boynton Beach Community Redevelopment Agency (Agency), is soliciting proposals from qualified development entities to redevelop scattered site -vacant land owned by the Agency in order to further the implementation of the Heart of Boynton Community Redevelopment Plan. The Heart of Boynton neighborhood is a 380 -acre area located in downtown Boynton Beach, Palm Beach County, Florida (See Attachment "A). The community is bounded by Interstate 95 to the west, Federal Highway to the east, Boynton Beach Boulevard to the south, and the C-16 canal to the north. 86% of the residents are African-American and the median household income is $32,271 compared to Palm Beach County's median household income of $66,400. There are approximately 3,167 neighborhood residents. The goal of the Boynton Beach Community Redevelopment Agency is the revitalization of the Community Redevelopment Area a pursuant to Florida State Statute 163.3. As part of the Agencies redevelopment strategies, the Agency has been acquiring land along the Martin Luther King, Jr. Blvd, corridor with the intent of partnering with the private sector to redevelop the land. In preparing responses to the RFP, interested parties should familiarize themselves with The Heart of Boynton Community Redevelopment Plan. The Plan is available on-line at www.boyntonbeachcra.com under the Plans and Studies heading. Background: The City of Boynton Beach, with a population of about 66,000, is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach. This puts it in the heart of southeast Florida's tri -county Miami-Dade/Broward/Palm Beach Metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway and both Interstate 95 and the Florida Turnpike. It also has a market of more than 6 million people within a two-hour radius and easy access to three international airports, two major rail lines, as well as the Tri -Rail regional commuter rail system. The City has introduced new mixed-use land use and zoning within the CRA which has had the effect of attracting new residential based mixed-use development to the City's downtown core. Project Description: The goal of the Heart of Boynton Community Redevelopment Plan is to promote the physical and social revitalization of the community through selective property acquisition and clearance, combined with new single family, multi -family housing and commercial TADEVELOPMENT\HOB\HOB 8 Lot RFP\MLK 8 Lot RFP.doc 2 infill development. The objective of this project is to provide new and decent affordable housing alternatives for residents, while maintaining the basic character, scale and integrity of the community as a whole. The Agency is seeking proposals for the development of eight scattered site vacant lots within the Heart of Boynton neighborhood. Please refer to Attachment "B" for a map of the eight lots. Proposals should be consistent with the intent of the Heart of Boynton Community Redevelopment Plan which proposes that the lots be rezoned to Multi - Family Land Use and R-3 Multi -Family Zoning which allows up to 10.8 units per acre (See Attachments "C" and "D"). However, given the size and configuration of some of the lots, single family homes may be a more appropriate use. The proposed architectural design should closely mirror the Heart of Boynton Schematics available for download on the CRA website; www.boyntonbeachcra.com under the Plans and Studies heading. All proposals shall include the development of all eight lots. Proposals that only include portions of the land shall not be considered. The Proposal: The development proposal should include the following: 1. A written general statement of the qualifications of the proposing firm or entity, including examples of experience with similar projects, as well as background information on the principals. Provide a copy of corporate documents. 2. A written list of projects developed by the proposing entity including photos, addresses and project information. 3. A written list of the professional team members and a description of their experience with similar projects. 4. Proof of financial capacity to complete the project, i.e., loan commitment, audited financial statements, etc. 5. A detailed description of the proposed project, with text and graphics. This should include a schematic site layout plan, with parking locations and typical floor plans and architectural elevation diagrams. 6. A preliminary development pro forma. The development pro forma should include the amount the proposer is offering to pay for the land. Funding gaps should be clearly identified. Also, the proposed source of gap funding should be identified. 7. A promotional PowerPoint presentation, consisting of between 5 and 10 slides should be included in the proposal packet. 8. A statement explaining the role of disadvantaged and/or small and minority owned business enterprises in the project. TADEVELOPMENT\HOB\HOB 8 Lot RFP\MLK 8 Lot RFP.doc 12/22/2009 3 Evaluation and Selection: A committee composed of Community Redevelopment Agency staff will conduct the initial evaluation of the proposals. Of particular importance will be the compatibility of the project with the Heart of Boynton Community Redevelopment Plan, the proposers experience with similar projects, and the financial strength of the proposing entity. The committee will rank the proposals based on the criteria contained within this RFP and make recommendations to the CRA Board. The proposers will present their PowerPoint slide presentation before the CRA Board for consideration. The CRA Board may elect to reject all proposals and reissue the RFP. Following this public presentation, if the Board so desires, the Board may -select a developer to begin negotiations on a contract and development agreement for the sale of land. Timeline: January 14, 2010 Request for Proposals Issued January 28, 2010 Mandatory Meeting for Interested Parties February 24, 2010 Proposal packages due by 4:00 pm March 3, 2010 Review of proposals by CRA staff March 9, 2010 Presentation of proposals to CRA Board and selection of developer. May 11, 2010 Approval of development and purchase agreement terms. Submittal Requirements: To be considered, ten bound copies of the Development Proposal should be submitted to the following: Lisa A. Bright Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 Submittals should be received no later than 4:00 pm Eastern Time on February 24, 2010. A mandatory pre -proposal meeting will be held on January 28, 2010, at 9:00 am at the Community Redevelopment Agency offices. The purpose of the meeting will be to answer any questions regarding the RFP, community, the project or the submittal and evaluation process. Contacts: All correspondence and requests for information regarding the Heart of Boynton community, in general, and this project in particular, should be directed to: TADEVELOPMENT\HOB\HOB 8 Lot RFP\MLK 8 Lot RFP.doc 12/22/2009 Vivian L. Brooks Assistant Director 915 S. Federal Highway Boynton Beach, FL 33435 Telephone: 561-737-3256 Fax 561-737-3258 E-mail brooksvi@bbfl.us TADEVELOPMENT\HOB\HOB 8 Lot RFP\MLK 8 Lot RFP.doc 12/22/2009 ATTACHMENT "Alp mill Vs. syr i1`■_ ■■ Heart of Boynton Neighborhood TADEVELOPMENT\HOMHOB 8 Lot RFP\MLK 8 Lot RFP.doc �1-1p6�Hp$ $ dot RFP�MLK $ dot RFF .doc T,�pEVE4pPMEN (F ATTACHMENT 99cl) -P I Ill I T-1 I I TH Ml Ill 111 I`i! 1! f 11,11111 kill � 41 ]'l I lilt "I A 11111 I YN trJ,� "Nualamm wow paevumow 11140011111111Y WA1PMIN P1WWWh & *APO lift iaf TAIDEVELOPMEN-RHOMHOB 8 Lot RFP\MLK 8 Lot RFP.doc m Off 11% Fri Hamm FW&Wlw*a Lir i Nn trJ,� "Nualamm wow paevumow 11140011111111Y WA1PMIN P1WWWh & *APO lift iaf TAIDEVELOPMEN-RHOMHOB 8 Lot RFP\MLK 8 Lot RFP.doc ATTACHMENT "D" The Heart of Boynton Redevelopment Master Plan ����L�� 9�;'�i��l�' ilf�"ji;'� '+'1�!riFi li � t �_ �., ;dN` I fy, J-1 Ott oo c figurs 17 T:\DEVELOPMENT\HOB\HOB 8 Lot RFP\MLK 8 Lot RFP.doc X. OLD BUSINESS B. Consideration of Lien Release for Village Homemade Ice Cream YNTF A East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 Consent Agenda IX I Old Business I I New Business I I Legal I I Other SUBJECT: Consideration of Lien Release for Village Homemade Ice Cream SUMMARY: In September 2007, the CRA entered into an agreement with Palm Beach County under the Development Regions Economic Development Program on behalf of Village Homemade Ice Cream. Village Homemade Ice Cream purchased a retail unit in Marina Village and built out the interior for their business. The total project cost was $329,439. Under the Development Regions grant, the County funded $50,000 and the CRA funded $50,000 for eligible project expenses. The CRA attached a zero -percent mortgage in the amount of $100,000 to the property to ensure that the terms of the agreement were met. Village Ice Cream was intended to be both a retail and wholesale business and create five full-time equivalent jobs per the Agreement (attached). The owners of the business, Harvey Gressgott and Steven Drucker have not been successful in growing the business and therefore cannot meet the job creation requirements of the Agreement. The lender, Regions Bank has served the CRA with a Complaint for Mortgage Foreclose on the property and business loan (see attached Notice of Lis Pendens). According to Regions Bank representative, the property did not appraise for the total mortgage amounts of $294,605. The business owners are requesting that the CRA lien be released in order to deed the property to Regions Bank in lieu of foreclosure (see attached letter). FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Provide policy direction to staff. Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\Village Ice Cream.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY GRANT AGREEMENT THIS AGREEMENT is made this day of 2007, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, hereinafter referred to as "CRA," and "KU HOLDINGS", hereinafter referred to as "GRANTEE." WITNESSETH: WHEREAS, it is the policy of the CRA to stimulate and encourage economic growth within the CRA's redevelopment area, pursuant to carrying out its purposes as provided for under Chapter 163, Florida Statutes; and WHEREAS, the CRA has been awarded a grant known as the Palm Beach County Development Regions Core Grant Agreement dated June 19, 2007 and with an expiration date of February 19, 2011; and WHEREAS, pursuant to the administration of said Palm Beach County Development Regions Competitive Grant Agreement, the CRA wishes to provide assistance and support for the development and revitalization of the GRANTEE's business and properties within the CRA's redevelopment area; and WHEREAS, the CRA has determined that it is in the public's best interest and pursuant to carrying out its purposes, pursuant to the CRA's Community Redevelopment Plan to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to secure the public's interest in the grantee's fulfillment of its obligations, it is the intent of the grantor to obtain a security interest in the certain assets of the Grantee. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will carry out the redevelopment project and activities as more specifically set forth in Exhibit "A" to this Agreement, attached hereto and incorporated herein by reference. GRANTEE agrees that the redevelopment activities contemplated by this Agreement shall commence no later than within twelve (12) months of the effective date of this agreement and will be completed in accordance with the terms of this Agreement. GRANTEE agrees that it is solely liable to the CRA for performance under this Agreement, and that, in the event of default, GRANTEE will, as more specifically set forth herein, refund to the CRA monies paid pursuant to this Agreement. GRANTEE hereby certifies that it is authorized by law to be so bound. B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. C. As a condition to retaining the maximum of One Hundred Thousand Dollars ($100,000) from the CRA, the GRANTEE shall cause, as a direct result of the activities set forth in Exhibit "A" to this Agreement, the creation of at least five (5.0) full time equivalent jobs (1 FTE = 2,080 hours per year) and one (1) part-time job or equivalent job in Palm Beach County by February 19, 2009 and maintain them for 24 months (through February 19, 2011). GRANTEE shall be entitled to retain such lesser amounts as may be equal to the grant award per job, multiplied by the number of positions created pursuant to this Agreement. In accordance with the provisions of paragraph I. E. herein below, the number, dates and salaries of all hires in Palm Beach County must be substantiated by GRANTEE, to the CRA's satisfaction, within fourteen (14) months of completion of the project as set forth in Exhibit "A". For the purposes of this Agreement, the term salary means wages, gratuities, salaries, commissions, bonuses, drawing accounts (against future earnings), prizes and awards (if given by an employer for the status of employment), vacation pay, sick pay, and other payments consistent with the Florida Department of Labor and Employment Security definitions, paid to employees. D. In the event a job becomes available, the business shall mail the job description to the Workforce Alliance. It is the intent of this clause to make all opening positions available on a competitive basis. Kathryn Schmidt, President.CEO Workforce Alliance, Inc. 326 Fern Street, Suite 310 West Palm Beach, Florida 33401 561-340-1061, Ext. 201 Fax: 561-340-1062 E. As a further condition to retaining all grant amounts received from the CRA, GRANTEE shall cause to be paid an average salary equal to or greater than the minimum wage as established by the Department of Labor. F. As a further condition to retaining any Grant funds from the CRA, the GRANTEE shall provide to the CRA written verification, satisfactory to the CRA in its sole discretion, of compliance by GRANTEE with all agreed upon performance standards as set forth in paragraphs I. C. and I. D. hereinabove. GRANTEE may provide to the CRA this verification once all applicable portions of the performance standards set forth in paragraphs 1. C. and 1. D. of this Agreement have been met; provided, however, that GRANTEE shall provide this verification on or before the expiration of February 19, 201 l following completion of the project as set forth in Exhibit "A". Within ninety (90) days from the date this verification is submitted to the CRA, Page 2 of 11 GRANTEE agrees to refund to the CRA Ten thousand dollars ($10,000) for each position not created as set forth in Exhibit "A G. As a further condition of this grant, the grantee hereby agrees to execute a note in favor of the BOYNTON Beach CRA in an amount equal to the Grant (County plus CRA match) and additionally secure such obligations under the note by executing and delivering to the CRA a security agreement and note encumbering Grantee's property as described in Exhibit "C". Such security agreement shall be junior only to those permitted senior encumbrances listed in Exhibit "C". The terms of the note shall only be due and payable in the event of a default of the Grantee's obligation under the grantee agreement and in the event no default shall have occurred, the Grantee shall have fully performed under the grant conditions, the security agreement and note shall be extinguished and satisfied. II. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available under this Agreement will be provided only for reimbursement of expenses related directly to the Scope of Work as set forth on Exhibit "A", which is attached hereto and made a part hereof. To be eligible for reimbursement, such expenses must be: Incurred on or after June 19, 2007 for County reimbursement and after June 19, 2007 for reimbursement through the CRA match. Incurred no later than December 19, 2008. B. CRA agrees, pursuant to the terms of this Agreement, to make payments to the GRANTEE for all eligible types of expenditures as set forth in Exhibit "B" to this Agreement, attached hereto and made a part hereof. Requests by GRANTEE for payment shall be accompanied by proper documentation. For the purposes of this paragraph, originals of invoices, receipts, or other evidence of indebtedness accompanied by proof of payment shall be considered proper documentation. When original documentation cannot be presented, the GRANTEE must adequately justify their absence, in writing, and furnish copies thereof. C. Requests for payment for costs incurred after the effective date of this Agreement shall be submitted to the CRA no later than forty-five (45) days after the date the indebtedness was incurred. Requests for payment for costs incurred prior to the effective date of this Agreement shall be submitted to the CRA no later than fifteen (15) days after the effective date of this Agreement. Requests for payment shall not be honored if received by the CRA later February 20, 2008. If GRANTEE fails to submit any requests for payment by the expiration date of February 20, 2008, then this Agreement shall automatically terminate, thereby relieving the parties hereto of any obligations hereunder. Page 3 of 1 I D. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CRA may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CRA shall have no further funding obligation to the GRANTEE under this Agreement. E. The GRANTEE shall repay the CRA for all unauthorized, illegal or unlawful expenditures of funds, including unlawful and/or unauthorized expenditures discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CRA for any lost or stolen funds. F. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CRA and the CRA shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CRA and GRANTEE, its successors or assigns in interest, agrees to be bound by the CRA's determination. G. Funds which are to be repaid the CRA pursuant to this Agreement, are to be repaid by delivering to the CRA a cashier's check for the total amount due payable to the BOYNTON Beach Community Redevelopment Agency within seventy-five (75) days of the CRA's demand. H. The above provisions do not waive any rights of the CRA or preclude the CRA from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CRA's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. III. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terns of this Contract, other than payment of funds, then the non -defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have thirty (30) days within which to initiate action to correct the default and ninety (90) days within which to cure the default to the satisfaction of the non -defaulting party. B. In the event that the defaulting party fails to cure the default, the non -defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REPORTING REQUIREMENTS GRANTEE agrees to submit semi-annual (2) reports pursuant to the format set by the CRA and in accordance with the reporting required ofthe CRA by Palm Beach County. Beginning with the end of the sixth month following the effective date of this Agreement, these reports Page 4 of 11 shall be submitted in a manner satisfactory to the CRA in its sole discretion no later than fifteen (15) days following completion of each reporting period. The final semi-annual report shall be submitted to the CRA no later than July 30, 2010. All grant payments made pursuant to this Agreement shall be contingent on the receipt and approval of the semi- annual reports required by this paragraph. V. MAXIMUM GRANT AMOUNT In no event shall the reimbursements made to GRANTEE pursuant to this Agreement exceed the maximum total grant of One Hundred Thousand Dollars ($100,000). VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CRA may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by an independent auditing firm employed by the CRA at any time the CRA deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the CRA if requested. VII. PERFORMANCE The parties expressly agree that time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CRA without liability, in addition to any of the CRA's rights or remedies, relieve the CRA of any obligation under this Agreement. VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CRA which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CRA, its respective agents. servants employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. INSURANCE Page 5 of 11 GRANTEE must provide the CRA with evidence of insurance as follows: general liability insurance - $1,000,000; umbrella - $1,000,000; and evidence of auto liability insurance and worker's compensation insurance. X. AVAILABILITY OF FUNDS The CRA's obligation to pay under this Agreement is contingent upon having received payment from Palm Beach County, pursuant to the terms of that certain Palm Beach County Development Regions Competitive Grant Agreement, May 12, 2007, which said Agreement is hereby incorporated herein by reference and made a part hereof. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. X1I. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every Page 6 of 11 other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XV. ENTIRE AGREEMENT The CRA and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CRA shall be mailed to: with a copy to: Lisa Bright, Executive Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 James A. Cherof, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 and if sent to the GRANTEE shall be mailed to (current official address): Steven Drucker, Owner/Managing Partner KU Holdings, LLC d/b/a Village Homemade Ice Cream Cafe 22913 Ironwedge Drive Boca Raton, FL 33433 (561) 702-7251 Page 7 of I 1 IN WITNESS WHEREOF, the duly authorized representative of the Boynton Beach Community Redevelopment Agency has made and executed this Agreement on behalf of the CRA and the GRANTEE has hereunto set its hand the day and year above written. ATTEST: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Lisa A. Bright Title: Executive Director ATTEST: KU HOLDINGS, LLC. M Print Name: Title: Page 8 of 11 EXHIBIT `°A" BUSINESS/PUBLIC IMPROVEMENT PROJECT AND PROJECT DESCRIPTION Project Name#1: KU Holdings, LLC d/b/a Village Homemade Ice Cream Cafe Formatted: Left Description: Business will be a storefront retail operation in the new Marina Village development in downtown Boynton Beach. The business will specialize in the production, sales and distribution of premium branded ice cream products and other top quality items. Owners recently purchased the retail condo parcel totaling $296,460 in December, 2006. Build out will be completed by the owners. County funds will assist with purchase of specialty equipment. Location: 100 N.E. 6`h Street, Ste. 102, Boynton Beach, FL 33435 Performance Goal: Full-time or equivalent jobs to be created: 5 Part-time or equivalent job to be created: i Full-time or equivalent jobs existing at time of contract: 0 Funding sources: Palm Beach County $50,000 City/CRA $50,000 Business Project $415,689 Total Project Cost $515,689 Contact: Steven Drucker, Owner/Managing Partner KU Holdings, LLC d/b/a Village Homemade Ice Cream Cafe 22913 Ironwedge Drive Boca Raton, FL 33433 (561)702-7251 (561-392-7984 (Fax) Email: calldc@aol.com Page 9 of 11 EXHIBIT "B" LIST OF ELIGIBLE ACTIVITIES 1. Acquisition of real property. 5. Construction of new buildings. 2. Expansion of existing property. 6. Renovation of existing buildings. 3. Providing payment of impact fees. 7. Site development assistance. 4. Facade improvement programs. 8. Machinery & Equipment (Reimbursements will not pay: architectural or attorney's fees/retainers or deposits on goods not received.) Page 10 of 11 EXHIBIT "C" Legal Description of the Grantee's Property Condominium Parcel No. CU H in Building No. 3, of MARINA VILLAGE AT BOYNTON BEACH CONDOMINIUM, according to the Declaration thereof recorded in official Records Book 20793, Page 153 and as further amended of the Public Records of Palm Beach County, Florida. Parcel Identification No. 08-43-45-27-60-000-0030 H:\2006\060018 DBCRAWGMT 2007\13ADI, Inc. Grant AgreementAoc Page 11 of 11 REGIONS BANK, an Alabama carp., Plaintiff, vs. IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO.: KU HOLDINGS, LLC., a Florida limited liability Company, HARVEY GRESSGOTT, individually, STEVEN DRUCKER, individually, VILLAGE HOMEMADE ICE CREAM, INC., a Florida corp., BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, MARINA VILLAGE AT BOYNTON BEACH CONDOMINIUM ASSOCIATION, INC., UNKNOWN TENANTS #1, UNKNOWN TENANTS #2, 50 2009 CA 0 421 ?- 4 XXXX IM Defendants. ISi-1ARON1 H. LERK&C0NJp EC:, NOTICE OF LIS PENDENS , nt+ri, R11rf4 ter TO DEFENDANTS ABOVE NAMED AND ALL OTHERS WHOM IT MAY CONCERN: YOU ARE NOTIFIED of the institution of this action by Plaintiff, REGIONS BANK, against you seeking to foreclose a mortgage on the following described property located in Palm Beach County, Florida: CONDOMINIUM PARCEL NO. CU H IN BUILDING NO. 3, OF MARINA VILLAGE AT BOYNTON BEACH CONDOMINIUM, A CONDOMINIUM ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 20793, PAGE 153 AND AS FURTHER AMENDED OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. DATED this I0"�"day of Dea q)' QK— , 2009. GARRIDO & RUNDQUIST, P.A ATTORNEYS FOR PLAINTIFF 2800 PONCE DE LEON BLVD., SUITE 170 CORAL GABLES, FLORIDA 33134 Tel: (305) 447-0019 Fax: (305) 447-0019 Caridad M. Garrido, Esquire Florida Bar No. 814733 Z1Caridad Garrido\Caridad GarridolCary's documents\Regions Commercial ForeclosureMComplainlsll(U Holdings, LLC. Palm Beach.doc KU Holdings, LLC 100 NE 6`" Street, Suite 108 Boynton Beach, FL 33435 December 14, 2009 Ms. Lisa Bright Director Boynton Beach CRA Dear Ms. Bright: The purpose of this letter is to apprise the Boynton Beach CRA of the problems associated with Village Homemade Ice Cream (KU Holdings, LLC) and the CRA/PBC Grant we have received. As you know, my partner (Harvey Gressgott) and I purchased a retail condo at Marina Village. We were caught up in the excitement of Boynton Beach redevelopment plans and decided to open an ice cream shop, in that location. We invested a great deal of time, energy and money to get the store up and running and to be part of Boynton's downtown revitalization. We felt fortunate to meet the criteria to quality for the grant offered by the CRA and PBC. Fast -forward three years; despite considerable effort and expense we have been unable to keep our shop open. The economic downturn, the inability of other retail condo owners to open businesses at their properties, the lack of occupancy of the apartments at Marina Village, the Promenade, and surrounding communities have hindered our ability to achieve our goals. We closed the business in June 2009. At this time the business remains closed. We owe an enormous amount of money to Regions Bank. We have been unable to pay our loans. Christine Gaston (our Regions Bank representative) has informed us that Regions' attorneys have initiated the paperwork for foreclosure proceedings. She also said that the foreclosure process would take approximately 18-24 months, due to Florida's backlog in the courts. The value of the property itself is less than fifty percent of the money we owe on our loans. Ms. Gaston stated that if Regions forecloses on the property, all other lien holders would be shut out. Foreclosure impacts us, the CRA and PBC in a very negative way. Ms. Gaston suggested that if we approach the CRA and PBC about releasing their lien on the property it could expedite the sale of the property. If we could get the property sold in a timely manner Boynton Beach/PBC would also benefit by getting a new business with new jobs into the property. Ms. Gaston also suggested if the CRA and PBC released its liens that "Regions" would take the deed in lieu of foreclosure and help everyone move forward. Thank you for your help in this distressing matter. Sincerely, Steven Drucker Harvey Gressgott (KU Holdings, LLC) cc: Harvey Gressgott Christine Gaston X. OLD BUSINESS C. Consideration of Amendment to HAP Program 4 0 P 9, JqyTP A East SideWest Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 Consent Agenda I X I Old Business I I New Business I I Legal I I Other SUBJECT: Consideration of Amendments to the CRA Homebuyer Assistance Grant Program (HAP) Guidelines for FY 2009-2010 SUMMARY: The CRA has been administering the Homebuyer's Assistance Grant Program to income eligible first time buyers since October 2006. The purpose of the program is to assist eligible buyers with down payment, closing costs and mortgage gaps for the purchase of a new or existing home within the CRA district. At the July 14, 2009 meeting, the CRA Board approved the Homebuyer's Assistance Grant Program Guidelines and Application for FY 2009-2010. As a result of the downturn in the economy and job loses over the past 18 months, nationwide foreclosure rates have increased dramatically. Since September, the CRA has received two foreclosure notices on homes which received down payment assistance grants under the HAP program. At the December 8, 2009 CRA Board meeting, board members expressed their concern for the security of HAP funds in such a risk filled housing market. Staff was directed to place a hold on accepting new HAP applications and present program modifications that would provide the CRA's grant position with additional protection in the event of homeowner foreclosure. Reducing the amount of HAP funds awarded as well as a reduction in the percentage of overall public subsidy per applicant transaction, will lessen the exposure to risk of loss due to foreclosure events. Based on current program guidelines (attached), staff would like to recommend the following amendment options: 1. Provide for a revised maximum grant award of $50,000 to very low income, a maximum of $40,000 to low income and a maximum grant of $30,000 for moderate income eligible applicants. 2. Section 13. Provide for a revised maximum percentage in public subsidy funding not to exceed 40% for very low income, 30% for low income and 20% for moderate income applicants. The following is an example for a low income applicant: Purchase Price of Home $190,000 Closing Costs $ 3,800 Total Cost $193,800 Maximum Mortgage Amount $160,000 Buyer's down payment (3%) $ 5,700 Funding Gap -HAP funds $ 28,100 Percentage of Public Subsidy 14.5% T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\2nd Amendments to the HAP program.doc M. `q L JnCR East Side—West Side—Seaside Renaissance Section 14. Provide for a revision to the projected housing costs, including mortgage, interest. taxes and insurance not to exceed 30% of an applicant's monthly income. Maximum total debt (housing expenses plus other monthly debt obligations) shall not exceed 40% of monthly income. Provide for a minimum of three percent (3%) down payment requirement from the applicant. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Redevelopment Plan, Heart of Boynton Plan RECOMMENDATIONS: Approval of the recommended option amendments to the FY 2009- 10 Homebuyer Assistance Grant Program (HAP) Guidelines and Application as presented. is ael Simon, Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\2nd Amendments to the HAP program.doc y `� .. ., �h.. 4 East Side—West Side -Seaside Renaissance Homebuyer Assistance Program (HAP) 2009/2010 The Boynton Beach Community Redevelopment Agency (CRA) recognizes that the future economic health of the City of Boynton Beach depends upon the sufficient supply of housing priced for working families. As housing prices climbed by double digits in 2005-2006, many families were priced out of the housing market. Due to rapid housing appreciation while salaries and income increases stagnated, the number of low and moderate income families who can afford to buy homes has decreased. In an effort to assist more families, the CRA has implemented the Homebuyer Assistance Grant (HAP) Program. These program funds can be layered with other homebuyer assistance subsidy funds such as SHIP, HOP, etc. The maximum HAP grant award to an eligible very low or low income applicant is $50,000.00, and the maximum HAP grant award to an eligible moderate income applicant is $35,000.00. Proeram Guidelines Annual grant funds are limited. Grant funding is awarded on a first-come, first -approved basis unless the applicant meets a preference condition set forth below under items 9, 10 or 11. 2. Grant awards require CRA Board approval as part of the application process and prior to the release of funding. Approved Grants must be expended within six months of CRA Board approval. Grant awards not expended within the six months timeframe will be forfeited and the grant terminated. Applicants must meet all of the qualification criteria of the Homebuyer's Assistance Program. Qualification of applicants will be determined by CRA staff or a Community Housing Development Organization (CHDO). If an applicant is working with a CHDO or the City of Boynton Beach, a request for HAP funds must be made on the applicant's behalf by either the City or CHDO. Application packages can also be submitted by a lender. 4. Applications must be submitted along with the following information in order to be processed: Copy of Personal Identification for each signing applicant. Copy of birth certificates for each member of the household under 18 years of age. • Copy of Homebuyers Education Program certificate. « Copy of Lender's Verification of Employment form dated within 4 months of application for each working member of the household over 18 years of age. Statement of No Income form for anyone living in the household over the age of 18 not employed. • Copy of most recent year's Federal Income Tax Return. Signed copy of mortgage application — 1008 &'1003 forms. Copy of executed Loan Commitment. t Copy of executed Sale & Purchase contract for home. t Copy of property appraisal of home to be purchased. BE Family income must not exceed 120% of median household income for Palm Beach County as set by HUD in the year of application to the program. 6. Purchase Price New -- Not to exceed $280,462 Existing — Not to exceed $280,462 New Home Construction Loans- in certain cases where the CRA has supplied the vacant lot, the value of the City/CRA lot awarded to homebuyer is excluded from the CRA/City subsidy amount. but is included in the permanent mortgage encumbrance. 7. Eligible Properties include existing, single-family homes, construction of new single-family homes, townhomes and condominiums located within the CRA district boundaries (see attached map). 8. Use of Funds: a. Down payment and closing costs. b. Rehabilitation costs (if required to bring the home up to code) 9. Families with dependent, minor children will receive preference. 10. Persons working within the City of Boynton Beach will receive preference. IL Applicants employed in the "essential services" sectors (educators, police, firefighters, healthcare workers and skilled building trades) will receive preference. 12. Income from all adult members of the household will be included in the computation of gross income. 13. The total of public subsidy funding shall not exceed 40% for moderate income buyers and 50% for low and very Iow income buyers of the purchase price. The actual amount of funding awarded shall depend upon the funding gap. In no case shall CRA funding be awarded above the funding gap amount of $50,000.00 for low and very low and $35,000.00 for moderate income eligible applicants. Rehabilitation expenses related to bringing the home up to code may be included up to maximum grant awards. Example #1: Moderate Income Household $ 60,000 Purchase Price of Home $280,000 Closing Costs $ 5,000 Maximum Mortgage Amount $213,771 Maximum SHIP Down payment $ 50,000 Funding Gap — CRA HAP funds $ 21,229 Percent of Public Subsidy 25% Example #2 Low Income Household $40 ' 200 Purchase Price of Home $280,000 Closing Costs $ 5,000 Maximum Mortgage Amount $164,700 City's Maximum SHIP Down payment $ 75,000 Funding Gap — CRA HAP funds $ 45,300 Percent of Public Subsidy 43% 14. Projected housing costs, including mortgage, interest, taxes, insurance and homeowner's association fees shall not exceed 35% of gross household income or whatever the primary lender determines. The maximum total debt ratio (total housing expenses plus other monthly debt obligations) shall not exceed 45% of income unless otherwise approved by the lender. Example #1 Moderate Income $60,000 Gross Monthly Income $ 5,000 Mortgage Payment (incl. taxes & insurance) $ 1,282 Other Debt $ 500 Housing Expense Ratio (not to exceed 35%) 27% Overall Debt Ratio 35% Example #2 Low Income $ 40,200 Gross Monthly Income $ 3,350 Mortgage Payment (incl. taxes & insurance) $ 987 Other Debt $ 300 Housing Expense Ratio 29% Debt Ratio 38% 15. Applicants must be first time homebuyers, with no previous homeownership within the past three years at the time of application. Falsifying this information will result in forfeiture of any and all grant funding. 16. Funds shall be in the form of a 0% interest, second mortgage behind the first mortgage. If the City's SHIP funds are used and in a greater amount than CRA HAP funds, CRA funds will be secured in the form of a third mortgage behind the City of Boynton Beach's encumbrance. Resale of the home will require repayment of the CRA subsidy amount at time of closing in compliance within the terns and conditions of the Promissory Note and Grant Agreement. 17. Refinancing of the property at 100% of the original purchase price will result in repayment of CRA funds in full and in compliance with the terms and conditions of the Promissory Note and Grant Agreement. 18. Families who receive CRA Homebuyers Assistance shall occupy the residence for the term of the first mortgage. If the residence is leased and no longer occupied by the recipient of CRA funds, any and all CRA grant funds given at the time.of purchase shall become due and payable in full. Families that receive assistance shall submit proof of residency to the City and CRA annually by the anniversary of the closing date. The accepted form of proof is a utility bill showing the program recipients name and address. Failure to comply will result in the CRA funds becoming due and payable. -3- 19. Upon sale of the property at any time during the duration of the first mortgage tenn the owner must repay 100% of the HAP grant amount to the CRA. Example: Original home price: $180,000 Mortgage $130,000 CRA Funds $ 50,000 New Sales Price @ yr 6: $210,000 1 st Mortgage Payoff $120,000 Grant funds to be repaid to CRA $ 50,000 Equity to Buyer $ 40,000 20. The CRA shall reserve the right -of -first -refusal to purchase the property at the fair market appraised value within 45 days of written notice from the property owners. If the CRA chooses not to purchase the property at the fair market value or elects not to exercise their first right of refusal, the property owner will be notified in writing. 21. Application to the program is no guarantee of funding. All decisions are subject to approval of the CRA Board and availability of funding. Applicants acknowledge by signing below, that they have read the Housing Assistance Program Guidelines and hereby agree to the terms of the program and application process. Applicant Signature Applicant Signature Date: Date: -4- . BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY HOMEBUYER'S ASSISTANCE PROGRAM APPLICATION Date: Name/s of Applicant/s: Current Address of Applicant/s: Address of Property To Be Purchased: Phone Number: Cell Phone Number: E-mail: Total Annual Household Income (must be verified with income tax returns, social security statement or pay stubs) $ How many members living in your household? Please list their names, ages and relationship to applicant: Name: Age: Relationship: Name: Age: Relationship: Name: Age: Relationship: Name: Age: Relationship: Name: Age: Relationship: Has anyone in your household owned a residence within the past year? Yes _ No -5- CERTIFICATION AND WAIVER OF PRIVACY: The applicant(s) certify that all information presented in this application, and all of the information fuinished in support of the application, is given for the purpose of obtaining funding under the Boynton Beach Community Redevelopment Agency Housing Assistance Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency Housing Assistance Program, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. Applicants acknowledge by signing below, that they have read the Housing Assistance Program Guidelines and hereby agree to the terms of the program. Applicant: Applicant: Signature Signature Print Name: Print Name: Date: Date: -6- Boynton Beach CRA t � `t t, t, ti t! .,.... F'• F. . �.. r., I - [ t t�,x f`F E. •1! � � t � i �.� i �� ��/ •t t. 1 OnI l i 1 704-- .x. FALM BEACH COUNITY INCOME GUIDELINES 20U MIEDIAN = $67,600.00 AS RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION APRIL 6, 2009. &\C,", tviuNO �WMM ZYC I person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons Extremely Low - Income 307c $15,840 $18,090 $20,370 $22,620 $24,420 $26,250 $28,050 $29,850 j Median ' Very Low- Income $26,400 $30,150 $33,950 $37,700 $40,700 $43,750 $46,750 $49,750 50% Median Low -Income 80% Median $42,2401 $48,240 - $54,320 $60,320 - - $65,120 --- $70,000 � $74,800 $79 600 Moderate Income $63,360 $72,360 $81,480 $90,480 I $47,680 $105,000 $112,200 $119,400 120% Median AS RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION APRIL 6, 2009. &\C,", tviuNO �WMM ZYC y _41 f AN East Side—West Side—Seaside Renaissance BOYTON BEACH COMMUNTIY REDEYOPMENT AGENCY HOMEBUYER ASSISTANCE GRANT PROGRAM STATEMENT OF NO -INCOME FORM I, hereby affirm and state that currently lives in my home located at and does not work or obtain income from any source. I understand that by providing any false information on my application under the rules and regulations governing the Community Redevelopment Agency's Homebuyer Assistance Grant Program will result in forfeiture of all assistance, approvals and the immediate repayment of any or all funds I have received from the agency. Applicant Signature Date Witness: Applicant Signature Date Witness: D• OLD of project Revle�''�' ,neat Cancel Agee and with B tion to tns and Op . Contract Sta �egarding C an-gealty Americ Ocean Breeze J1 4JqyATP1N East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 Consent Agenda IX I Old Business I I New Business I I Legal I I Other SUBJECT: Review of Project and Contract Status and Option to Cancel Agreement with American Realty regarding Ocean Breeze SUMMARY: The CRA entered into a Purchase and Sale Agreement with American Realty d/b/a Oceanbreeze, LLC on January 24, 2008 for the west side of the property. An addendum to the Purchase and Sale Agreement was executed on June 30, 2009. Per the addendum, Oceanbreeze LLC was to perform certain actions by certain dates. The first critical date was December 29, 2009 by which time, the purchaser was to have had the site plan and rezoning approved. This did not occur. The purchaser states that due to unstable market conditions and the lack of capital, the project is not feasible at this time. Per Section 2 of the Addendum to the Purchase Agreement, the '!failure to obtain the Mast Plan Approval and /or to complete the General Improvements within the time frame outlined above shall constitute a breach and this Purchase Agreement shall be immediately terminated. The CRA shall notes the Purchase via certified/return receipt US Mail of the termination of the Purchase Agreement. " FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Send Oceanbreeze LLC a formal notice of the termination of the Purchase and Sale Agreement for the west side of the project. Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\Ocean Breeze.doc PURCHASE AND SALE AGREEMENT THIS PUR�CWE AND SALE AGREEMENT (the "Agreement") is entered into as of the day of` 008, between the Boynton Beach Community Redevelopment Agency a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (the "Seller") and Oceanbreeze, LLC, a Florida limited liability company (the "Purchaser"). WITNESSETH: In consideration of the mutual covenants set forth herein and the earnest money deposit herein called for, the parties hereto mutually agree as follows: Section 1. Sale and Purchase. Seller hereby agrees to sell, convey, and assign to Purchaser and Purchaser hereby agrees to purchase and accept from Seller, for the Purchase Price (hereinafter defined) and on and subject to the terms and conditions herein set forth, the following: a. A portion of land containing a approximately of 4.006 acres of land situated in Boynton Beach, Florida, described in Exhibit "A" and depicted on Exhibit A-1 attached hereto ("Land"); and all right, title, and interest appurtenant or related to the Land, including, but not limited to, all rights to underlying roads adjacent thereto, access easements and rights-of-way relating thereto or benefiting the Land, impact fees, utility mains, service laterals, hydrants and valves servicing or available to service the Land, now or in the future on or appurtenant thereto; b. to the extent they are assignable, are owned and/or held by Seller, are in Seller's possession or control, and relate to the design, construction, ownership, development, maintenance or operation of the Land, any and all: (i) contracts or agreements, such as maintenance, service, or utility contracts; (ii) licenses, permits, approvals, or similar documents; (iii) all rights of Seller thereunder are hereinafter collectively called the "Intangible Personal Property." The Land is herein collectively called the "Property." All of the Property shall be conveyed, assigned and transferred to Purchaser at Closing (hereinafter defined) free and clear of all liens, claims, and encumbrances except for taxes for the year of closing and easements and restrictions of record, provide such easements and restrictions do not adversely affect Purchaser's ability to develop and construct an affordable townhouse project and attendant facilities (the "Project"). Said attendant facilities shall be more particularly set forth and developed in accordance with the requirements of the Florida Housing Finance Corporation. Section 2. Purchase Price. The price ("Purchase Price") for which Seller agrees to sell and convey the Property to Purchaser, and which the Purchaser agrees to pay to Seller is ONE MILLION SIX HUNDRED EIGHTY THOUSAND AND NO/100 Dollars ($1,680,000.00). a. Within ten days of the receipt of a notice by the Florida Housing Finance Corporation of the award of funding, or October 31, 2008 whichever occurs first, Purchaser shall pay to Seller a deposit in the amount of ONE HUNDRED FORTY THOUSAND AND NO/100 Dollars ($140,000). The failure to tender the deposit by the referenced date shall constitute a default under the teens of this Agreement CADocuments and Settings\buckleya\Local Settings\Tempurary Internet Files\OLK61\Twnhse_Contract_Final.doc b. U.S. Cash, locally drawn cashier's check or wire transfer on the date of Closing and delivery of Deed (or such greater or lesser amounts as may be necessary to complete payment of the Purchase Price after all credits, adjustments and pro -rations required herein). C. The Deposit shall be held by Seller's attorney, Goren, Chero, Doody and Ezrol, P.A. ("Escrow Agent"), in Escrow Agent's trust account with a local bank. The Deposit shall, if this transaction closes, become a credit in favor of Purchaser toward payment of the Purchase Price at closing. If this transaction shall fail to close, the disposition of the Deposit shall be as hereinafter provided. d. All funds payable hereunder shall be tendered in lawful money of the United States of America. The Deposit and sum payable on the date of closing shall be paid by either wire transfer of immediately available U.S. federal funds or by cashier's check drawn upon a bank located in Palm Beach County, Florida. Section 3. Escrow Agent. Escrow Agent has agreed to act as escrow agent for the convenience of the parties without fee or compensation for its services. Escrow Agent shall hold the Deposit, and, if applicable, invest same as provided for, and any other documents required herein, and to deliver same to the parties herein in accordance with the provisions of this Agreement. Escrow Agent, as escrow agent, is acting in the capacity of a depository only, and shall not be liable or responsible to anyone for any damages, losses or expenses unless same shall be caused by the gross negligence or willful misconduct of Escrow Agent. Escrow Agent may rely upon the written notices, communications, orders or instructions given by Seller or Purchaser or believed by it to be genuine. Seller and Purchaser will indemnify and hold Escrow Agent harmless against any matters directly or indirectly related to the Deposit and any other funds held by Escrow Agent under this Agreement, including, without limitation, attorneys' fees. In the event of any disagreement among any of the parties to this Agreement resulting in adverse claims and demands being made in connection with the Property, Escrow Agent shall be entitled to refuse to comply with any such claims or demands as long as such disagreement may continue, and in so refusing, shall make no delivery or other disposition of the Deposit then held by it under this Agreement, and in doing so, Escrow Agent shall not become liable in any way for such refusal, and Escrow Agent shall be entitled to continue to refrain from acting until (a) the rights of adverse claimants shall have been finally settled by binding arbitration or finally adjudicated in a court assuming and having jurisdiction of the Property, or (b) all differences shall have been adjusted by agreement and Escrow Agent shall have been notified in writing of such agreement signed by the parties hereto. Further, Escrow Agent shall have the right at any time after a dispute between Seller and Purchaser has arisen, to pay the Deposit held by it into any court of competent jurisdiction for payment to the appropriate party, whereupon Escrow Agent's obligations hereunder shall terminate. Seller and Purchaser agree that the status of Seller's counsel as Escrow Agent under this Agreement does not disqualify such law firm from representing Seller in this transaction and in any disputes that may arise between Seller and Purchaser concerning this transaction, including any dispute or controversy with respect to the Deposit. CADocuments and SettingslbuckleyalLocal Settings\Temporary Internet FileslOLK61\Twnhse_Contract_Final.doc PA Section 4. Inspection Period. a. Purchaser shall have until seventy five (75) calendar days from the Effective Date of this Agreement (the "Inspection Review Period") from the Effective Date of this Agreement (the "Inspection Period") within which to conduct a general investigation of the Property (the "Property Inspection") and determine the feasibility of the Project. If Purchaser is not satisfied with the results of the Property Inspection and determines that it does not wish to purchase the Property, Purchaser may elect to cancel and terminate this Agreement by delivering notice to Seller within the Inspection Period, whereupon Escrow Agent shall return to Purchaser all deposits paid hereunder and this Agreement shall be terminated and the parties shall be relieved of any further obligations hereunder. b. Purchaser, during the Inspection Period, may enter upon the Property to perform such reasonable acts as are necessary in order to conduct the Property Inspection. During the Inspection Period, Seller will make available for inspection by Purchaser all of Seller's documents regarding the Property and the Intangible Personal Property, including, but not limited to, surveys, appraisals, environmental reports, soil reports, service contracts, leases and title reports in Seller's possession or control which such documents Seller shall deliver to Purchaser within ten (10) days of the Effective Date of this Agreement. Purchaser may make copies of the foregoing documents provided that Purchaser shall not disclose the contents of them to anyone other than Purchaser's advisors and consultants, and provided further that all such copies shall be returned to Seller if this Agreement is terminated. Purchaser may continue to enter upon the Property after the expiration of the Inspection Period provided this Agreement remains in full force and effect. Purchaser, its agents, representatives or contractors shall enter the Property at their own risk, all such entries and studies shall be at Purchaser's cost, and Seller shall have no liability for any injuries or cost sustained by Purchaser, its agents, employees, officers, representatives or contractors, unless caused by Seller's negligence or willful misconduct. Purchaser agrees the Property shall not be unnecessarily disturbed during the Property Inspection and prior to closing and agrees to promptly repair or restore any damage to the Property caused by such entry or entries onto the Property. Purchaser shall indemnify and hold harmless Seller (and its legal representatives, successors and assigns) from and against any and all claims, liens, demands, personal injury, property damage, or liability of any nature whatsoever arising from or incident to Purchaser's (or its agents, representatives' or contractors') entry or entries onto the Property or activities upon the Property, unless caused by Seller's negligence or willful misconduct. This indemnification shall include payment of court costs and attorneys' fees including those incurred in appellate proceedings. C. Purchaser's indemnification obligations contained above shall survive any assignment, cancellation and termination of this Agreement. d. If this Agreement is terminated, Purchaser, at no cost to Seller, and upon Seller's written request, shall furnish Seller with copies of all tests and studies prepared by third party contractors, consultants and vendors engaged by Purchaser relating to the Property Inspection that are in Purchaser's possession, and, if not in Purchaser's possession, then within five (5) business days after Purchaser's receipt of same. e. REAL PROPERTY SOLD AS IS, WEERE IS RELEASE: Seller makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by Seller at Closing in accordance with this Agreement, and Seller makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect CADocuments and Settings\buckleya\Local Settings\Temporary Intemet Files\OLK61\Twnhse Contraet_Final.doc to the Property. The Purchaser specifically acknowledges and agrees that Seller shall sell and Purchaser shall purchase the Property on an "AS IS WHERE IS AND WITH ALL FAULTS" basis and that, except for the Seller's representations and warranties specifically set forth in this Agreement, Purchaser is not relying on any representations or warranties of any kind whatsoever, express or implied, from Seller, its agents, officers, or employees, as to any, matters concerning the Property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Property, (2) the quality, nature, adequacy, or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi - governmental entity or any other person or entity, including , without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighborhood property, (10) the freedom of the Property from the latent or apparent vices or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. As used herein, the term "Hazardous Materials" means (i) those substance included within the definitions of "hazardous substances", "hazardous materials", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances", "hazardous materials", "toxic substances" or "solid waste", (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated biphenyls, flammable explosives or radioactive materials. Section 5. Contineencles. Purchaser's and Seller's obligations under this Agreement are contingent on the following occurring: a. Purchaser's ability to obtain a funding commitment from the Community Workforce Housing Innovation Pilot Program ("CWHIP") or other program or programs which would provide adequate subsidy to develop the proposed project which shall be obtained by December 31, 2008; and/or b. Purchaser obtaining construction financing for the construction of the Project. Purchaser shall file all necessary applications for CWHIP and/or other funding sources with the Florida Housing Finance Corporation or other agencies by the required due dates of the respective funding cycles.. In the event Purchaser is unable to obtain the required funding ,Purchaser shall give Seller written notice within five (5) days of such determination, in which event the Escrow Agent shall return the Deposit to Purchaser and the parties shall be released and discharged of and from all obligations hereunder. CADocuments and Settatgslbuckleya\Local Settings\Temporary Internet FilesloLK611Twnhse Contract_Final.doe 4 Section 6. Permits, Approvals and Zonina Contingency. Upon the execution hereof, Purchaser, at the Purchaser's expense and option, shall engage the appropriate professionals, in order to prepare all of the plans, specifications and documents necessary for the Purchaser to obtain preliminary site plan approval from Boynton Beach, Florida, and all other appropriate regulatory agencies for the preliminary site plan approval for the Project and Purchaser's obligation to acquire the Property is contingent upon obtaining such approvals. Purchaser shall apply and diligently and in good faith pursue the approvals for the Project fi-om all appropriate governmental and quasi -governmental agencies. The Purchaser shall be responsible for paying for all professional fees, and governmental approval fees and applications associated with the approvals which Purchaser has incurred. Purchaser agrees that Purchaser will not submit any final executed documents that would bind either the Property or the Seller to Purchaser's site plan without the express written consent of Seller, which will not be unreasonably withheld. Seller and Purchaser hereby agree to fully cooperate with each other in connection with obtaining the preliminary site plan approval for the Property. hi the event Purchaser is unable to obtain the preliminary site plan approval of the Property on or before the closing date, Purchaser may extend, with Seller's written approval the time to obtain the re -zoning or Purchaser may terminate this Agreement and receive the return of Purchaser's Deposits hereunder. All remaining permits and approvals shall be obtained within 12 months of the execution date of this agreement. Section 7. Closing. a. The closing ("Closing") of the sale of the Property by Seller to Purchaser shall occur at a time and place designated by Purchaser on or before December 31, 2005 (the "Closing Date"), unless an earlier date is agreed to between Seller and Purchaser. The Purchaser may elect to extend the Closing date 30 days with the written approval of the Seller and the payment of $50,000 (the "Extension Payment); Purchaser may elect this option up to three consecutive instances for a total extension of 90 days. The Extension Payment shall be non-refundable but applied to the purchase price. b. At the Closing, the following shall occur: (i) Purchaser, at its sole cost and expense, shall deliver or cause to be delivered at Closing the following: 1. The balance of the Purchase Price as set forth in Section 2 hereof, subject to proration, adjustments and credits as described in this Agreement; and 2. Execute and deliver or obtain for delivery any instruments reasonably necessary to close this transaction, including, by way of example but not limitation, [corporate] [limited partnership certificates] and resolutions, closing statements, corporate resolutions or affidavits and delivery of instruments reasonably required by the title agent. (ii) Seller, at its sole cost and expense, shall deliver- or cause to be delivered to Purchaser the following: 1. General Warranty Deed fully executed and acknowledged by Seller, conveying, to Purchaser the Property, subject only to (a) real estate taxes for the year of closing, if any, which are not yet due and payable, and subsequent years; (b) zoning and use restrictions in effect or which may hereafter come into existence due to governmental action; and (c) easements and restrictions of record which have been approved by Purchaser; CADocuments and Settings\buckleyaUocal Settings\Temporary Internet Files\OLK61\Twnhse Contract_Final.doc 2. Assignment of all sewer and water taps, impact fee credits, licenses, permits, plans and approvals, if any; 3. Affidavit attesting to the absence, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Property which remain unpaid for ninety (90) days immediately preceding the date of Closing; 4. A certificate meeting the requirements of Section 1445 of the Internal Revenue Code executed and sworn to by Seller; 5. Evidence reasonably satisfactory to Purchaser and the title agent that the person or persons executing the closing documents on behalf of Seller have full right, power and authority to do so; 6. Execute and deliver or obtain for delivery any other instruments reasonably necessary to close this transaction, including, by way of example but not limitation, closing statements, releases, affidavits and delivery of instruments reasonably required by the title agent; 7. Deliver all Intangible Personal Property, if any, in Seller's possession. C. The following items shall be prorated or adjusted at the closing: (i) Real estate taxes and assessments, shall be prorated as of the Closing Date. Real estate taxes and assessments shall be prorated based on actual taxes and assessments for the year of Closing, or, if same are not available, on taxes and assessments for the preceding year, subject to reproration between the parties upon receipt of final tax bill for the year of the closing. d. Upon completion of the Closing, (i) Seller shall deliver to Purchaser possession of the Property; and (ii) Escrow Agent shall promptly record the deed of conveyance, the mortgage and any other applicable closing documents upon confirmation of clearance of all funds. e. Purchaser, at closing, shall pay the recording fee for the deed and documentary stamp tax on the deed of conveyance . f. Seller, at closing shall pay the premium for the Owner's Title Insurance Policy based on the minimum promulgated rate. g. Certified, confirmed and ratified special assessment liens as of the date hereof shall be paid by Seller and pending liens as of the date hereof shall be assumed by Purchaser. Section 8. Evidence of Title and Tide Insurance. a. On or before ninety (90) days after the Effective Date, Purchaser, or its counsel, shall obtain, at Seller's expense not to exceed the minimum promulgated rate set forth by the Insurance Commissioner of the State of Florida a title insurance commitment for an ALTA Form B marketability policy issued by Commonwealth Land Title Insurance Company (the "Title Company") in the full amount of the Purchase Price (the "Commitment"), together with legible copies of any encumbrances listed thereon. Purchaser will provide Seller either with a credit in the amount of the title agent's earned title premium at closing or will cause the title agent to remit CADocuments and Settings\buckleya\Local Settings\Temporary Internet Files\OLK61\Twnhse_Contract_Final.doc 0 such amount directly to the Seller at closing. The Commitment shall have an effective date that is after the Effective Date of the Agreement and that is within 10 days of the date of its issuance. At the Closing, Title Company shall deliver an endorsement to, or "mark-up" of, the Commitment deleting all Schedule B -I requirements, all standard exceptions except taxes for the current year not then due and payable, and the "gap" exceptions. b. If the Commitment contains any exceptions which render title unmarketable or adversely affect the value of the Property or Purchaser's intended use of the Property as set forth in Purchaser's proposal to the Seller's Request for Proposal issued on August 1, 2007 shown as Exhibit `B". Purchaser shall deliver written notice to Seller specifying the additional exceptions that render title unmarketable or objectionable to Purchaser. Such notice shall be given not later than fifteen (15) days after receipt of the Commitment by Purchaser. Upon receipt of the notice, Seller shall have thirty (30) days in which to remove the additional exceptions with reasonable effort and reasonable expenditures. C. Seller may, but is not obligated, to cure any objections . If Seller fails to remove any such objections within thirty (30) days after notice to Seller, Purchaser may elect by giving written notice to Seller, which notice must be received by Seller before the date that is five (5) business days after the end of such thirty (30) day period, either to (i) reject title as it then exists and terminate this Agreement and thereupon be entitled to a return of the Deposit, or (ii) waive such objections and proceed with the Closing and accept the Property subject to such exceptions without reduction of the Purchase Price. Upon return of the Deposit to Purchaser pursuant to subparagraph (i) above, this Agreement shall cease and terminate and the parties shall have no further rights, duties, or obligations under this Agreement, except for those rights, duties and obligations that specifically survive termination of this Agreement. If Purchaser fails to send any notice by the required date, Purchaser shall be deemed to have waived the objections to such exceptions and shall proceed to the Closing as provided by this Agreement. d. If any subsequent endorsement to the Commitment reveals any additional exceptions not permitted by this Agreement, Seller shall have fifteen (15) days in which to remove such additional exceptions, subject to the limitations set forth above. If Seller is unable to remove such additional exceptions, Purchaser shall have the same rights and remedies as provided above, except that the Closing shall not be extended more than thirty (30) days to permit Seller to cure any such additional exceptions. e, Seller and Purchaser- each agree to provide reasonable affidavits and documentation to enable the Title Company to delete all Schedule B -I requirements, the "gap" exception, and the construction lien and parties in possession exceptions from the Commitment at Closing. Seller and Purchaser each shall be responsible for satisfying those Schedule B-1 requirements applicable to each of them. Section 9. Survey. Purchaser may obtain, at Purchaser's expense, a survey of the Property. If the survey shows any encroachment on the Property, the same shall be treated as a title defect and the notice and cure provisions hereof shall control. The legal descriptions prepared by the surveyor shall be utilized as the legal descriptions for the Warranty Deed given by Seller to Purchaser. Section 10. Representations of Purchaser and Seller. Seller and Purchaser respectively hereby make the following representations. Such representations shall also be deemed made as of the Closing Date and the remedies for breach thereof shall survive Closing: CADocuments and Settings\buckleya\Loca1 SettingsUemporary ]ntemet Files\OLK61\Twnbse Contract_Final.doc a. Purchaser' Representations. To induce Seller to enter into this Agreement and to sell the Property, Purchaser represents and warrants to Seller: (i) Except for this Agreement, Purchaser has entered into no other purchase or commission agreement with respect to the Property. (ii) Purchaser shall pay prior to Closing or arrange for payment after Closing of all claims, liabilities or expenses associated with its inspection, permitting and development of the Property, except as otherwise provided herein. (iii) Purchaser has not (a) made a general assignment for the benefit of creditors, (b) filed any voluntary petition or suffered the filing of an involuntary petition by Purchaser's creditors, (c) suffered the appointment of a receiver to take all, or substantially all, of Purchaser's assets, (d) suffered the attachment or other judicial seizure of all, or substantially all, of Purchaser's assets, or (e) admitted in writing its inability to pay its debts as they fall due, and no such action is threatened or contemplated. if any of such actions have been taken or brought against Purchaser, then prior to the date hereof the same have been fully disclosed and Purchaser discharged therefrom so that there are no prohibitions or conditions upon Purchaser's acquisition of the Property. (iv) Neither the execution and delivery of this Agreement nor the consummation of the transaction contemplated by this Agreement will result (either immediately or after the passage of time and/or the giving of notice) in breach or default by Purchaser under any agreement or understanding to which Purchaser is a party or by which Purchaser may be bound or which would have an effect upon Purchaser's ability to fully perform its obligations under this Agreement. (v) That Purchaser has the right, power and authority to execute, deliver and perform this Agreement without obtaining any consents or approvals from or the taking of any action with respect to, any third parties. This Agreement, when executed and delivered by Purchaser and Seller, will constitute the valid and binding Agreement of Purchaser. (vi) The execution and delivery of this Agreement and the performance by Purchaser of the obligations hereunder have been duly authorized by the Purchaser as may be required, and no further action or approval is required in order to constitute this agreement as a binding obligation of the Purchaser. (vii) The execution and delivery of the Agreement and the consummation of the transaction contemplated hereunder on the part of the Purchaser do not and will not violate the organizational documents of Purchaser or any shareholders agreement of the Purchaser, do not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the Purchaser is a party. (viii) All of the representations, warranties and covenants of Purchaser contained in this agreement or in any other document delivered to Seller in connection with the transaction contemplated herein, shall be true and correct in all material respects and not in the default at the time of closing, just as though they were made at such time. (ix) Purchaser shall indemnify, hold harmless and defend Seller and its agents against all claims, demands, losses, liabilities, costs and expenses, including attorney's CADocuments and Settings\buckleya\Local Settings\Temporary Intemet Files\OLK6]\Twnbse_Contract_Final.doe fees, imposed upon or accruing against Seller as a result of the representations contained in this paragraph. b. Seller's Representations. To induce Purchaser to enter into this Agreement and to purchase the Property, Seller represents and warrants to Purchaser that: (i) That Seller owns the entire fee simple title to the Property, legal and equitable, subject only to the Permitted Exceptions (which are title exceptions disclosed by the Title Commitment or survey and which do not adversely affect Purchaser's ability to construct the Project in the Purchaser's reasonable discretion); (ii) That Seller has no knowledge regarding, and has received no written notice of, violations of any law, ordinance, order or regulation affecting the Property issued by any governmental or quasi -governmental authority having jurisdiction over the Property that has not been corrected; and that before the Closing, Seller shall promptly disclose to Purchaser any knowledge regarding, and furnish to Purchaser copies of any and all written notices of, violations that Seller receives between the Effective Date and the Closing Date from any governmental or quasi -governmental authorities having jurisdiction over the Property; (iii) That there are no (i) existing or pending improvement liens affecting the Property; (ii) existing, pending, or threatened lawsuits or appeals of prior lawsuits affecting the Property or Seller; (iii) existing, pending, or threatened condemnation proceedings affecting the Property; (iv) except as disclosed to Purchaser by Seller, any existing, pending, or threatened zoning, building, or other moratoria, down zoning petitions, proceedings, restrictive allocations, or similar matters that could affect Purchaser's use of the Property, the value of the Property or the issuance of building permits or certificates of occupancy with respect to the Property; (v) existing, pending, or threatened water or sewer hookup, water extraction, electrical or other utility moratoria; or (vi) pending real estate tax appeals or protests with respect to the Property before any applicable governmental authority; (iv) That the Property is not to Seller's knowledge subject to any declaration of protective covenants, use restrictions or any homeowners' associations by Seller, or its successors and assigns; (v) That there are no other purchase and sale agreements, nor options or rights of first refusal in effect as of the Effective Date relating to the Property nor will any such interest be in effect as of the time of Closing; (vi) That there are no judgments, encumbrances or liens against the Property or Seller that will remain unsatisfied at the time of Closing; (vii) Seller has no knowledge of any impact fees currently due and payable which are attributable to the Property. That all impact fees, use fees, and assessments (including those of any homeowners, property owners, or similar associations) related to the Property have been paid or will be paid in full by Seller before Closing, and the benefits of them are assignable to Purchaser without additional cost to Purchaser; (viii) That Seller has not received a written summons, citation, directive, notice, complaint, or letter from the United States Environmental Protection Agency, the State of Florida Department of Enviromnental Protection, or other federal, state, or local governmental agency or authority specifying any alleged violation of any environmental law, rule, regulation, or CADocuments and Settings\buckleya\Local Settings\Temporary Intemet Files\OLK61\Twnhse_Contract Final.doc 9 order at or on the Property and, to the best of Seller's knowledge, the Property is not currently under investigation for any such violation; (ix) That there are no environmental mitigation areas on the Property and there are no environmental mitigation requirements for the Property; (x) During the term of this Agreement, Seller shall not, without in each instance first obtaining Purchaser's written consent, which may be withheld in Purchaser's reasonable discretion, consent to or permit (i) any modification, termination or alteration to existing easements, dedications, covenants, conditions, restrictions, or rights of way adversely affecting Purchaser's intended use for the Property, (ii) any new easements, covenants, dedications, conditions, restrictions, or rights of way affecting Purchaser's intended use for the Property, (iii) any zoning changes or other changes of governmental approvals; (Xi) (xii) That Seller is not a "foreign person" within the meaning of the Foreign Investment in Real Property Tax Act (FIRPTA), as amended; (xiii) That Seller is solvent, and no receivership, bankruptcy, or reorganization proceedings are pending or, to Seller's knowledge, contemplated against Seller in any court; (xiv) Seller has the right, power, and authority to execute, deliver, and perform this Agreement without obtaining any consents or approvals from, or the taking of any other actions with respect to, any third parties, and this Agreement, when executed and delivered by Seller and Purchaser, will constitute the valid and binding Agreement of Seller; (xv) That, at all times during the term of this Agreement and as of the Closing, all of Seller's representations, warranties, and covenants in this Agreement shall be true and correct; (xvi) That no representation or warranty by Seller contained in this Agreement and no statement delivered or information supplied to Purchaser pursuant to this Agreement contains any untrue statement of a material fact or omits to state a material fact necessary to snake the statements or information contained in them or in this Agreement not misleading; and No inquiry, examination, or analysis made by Purchaser (or the results of same) shall reduce, limit or otherwise affect the representations and warranties made by Seller in this Agreement. Section 11. Remedies. In the event of a breach by Purchaser of its obligations under this Agreement, Seller may terminate this Agreement by written notice to Purchaser specifying the breach, and Purchaser shall have five (5) business days opportunity to cure the same (provided that no such cure period shall apply for a breach of the obligation to close by the Closing Date. Purchaser shall fail to close for reasons not caused by Seller, the Deposit made by Purchaser shall be retained by Seller as agreed and liquidated damages for withholding the Property from the market and for expenses incurred and the parties shall thereupon be relieved of any further liability hereunder. In the event Seller shall fail to close for reasons not caused by Purchaser or due to Seller's inability to convey marketable title according to Section 10 hereof, Purchaser shall have the right to demand return of the Deposit paid hereunder, upon which return of Deposit the parties shall have no further liability hereunder, or, in the alternative, Purchaser shall have the right to seek specific performance and/or damages. CADocuments and Settings\buckleya\Local Settings\Tempormy Internet Files\OLK61\Twnhse_Contract_Final.doc H Section 12. Destruction, Damage or Taking Prior to Closing. If, prior to Closing, the Property is destroyed, damaged or becomes subject to condemnation or eminent domain proceedings, the Purchaser shall have the option, which must be exercised within ten (10) days after its receipt of written notice from Seller advising of such destruction, damage or taking (which Seller hereby agrees to give), to terminate this Agreement or to proceed with the Closing, without reduction in the Purchase Price. If Purchaser elects to terminate this Agreement, the Deposit shall be returned to Purchaser and neither party shall have any further rights, duties or obligations hereunder, except as otherwise provided herein. If Purchaser elects to proceed with the Closing, Purchaser shall be entitled to the insurance proceeds or condemnation proceeds payable as a result of such damage, destruction or taking up to the amount of the Purchase Price and, to the extent the same may be necessary or appropriate, Seller shall assign to Purchaser, at Closing, Seller's rights to such proceeds up to the amount of the Purchase Price, and Seller will not settle or adjust any insurance claims without Purchaser's prior consent. All insurance proceeds or condemnation proceeds in excess of the Purchase Price shall belong to and be retained by Seller. Section 13. Real Estate Commission. The parties each represent and warrant that there are no real estate agents or brokers or transactional brokers involved in this transaction. Each party agrees to indemnify and hold harmless the other from all claims or demands of any other real estate agent or broker or transactional broker claiming by, through or under said party. This indemnification shall also include payment of court costs and attorneys fees, including those incurred in appellate proceedings. This indemnification shall survive Closing and/or termination of this Aereement. Section 14. Prohibition Against Recording. Neither this Agreement nor any part hereof, shall be recorded among the Public Records of any County in the State of Florida. Section 15. Confidentiality. At all times before the Closing Date of the Property, Purchaser agrees to hold in strict confidence and not to disclose to any other party without the prior written consent of Seller, all information regarding the Property, as expressed in this Agreement, except as may be required by applicable law or as otherwise contemplated in this Agreement, or to Purchaser's legal and financial advisors, lending institutions, and Purchaser's investors. Section 16. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested; by delivering the same in person to such party; by prepaid telegram or telex; by facsimile copy or by express mail. Notice given in accordance herewith shall be effective upon receipt at the address of the party to be served. For purposes of notice, the addresses of the parties shall be as follows: CADocuments and Settings\buckleya\Local Settings\Temporary Internet Fi1es\OLK61\Twnhse_Contract Final.doc If to Seller, to: Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 Attn: Lisa A. Bright, Executive Director Telephone: 561-737-3256 Fax: 561-737-32588 If to Purchaser, to: Oceanbreeze, LLC 615 Crescent Executive Court, Suite 120 Lake Mary, Florida 32746 Attn: Todd Borck Telephone: (407) 333-1440 Facsimile: (407) 333-1340 with a copy to: David W. Craft, P.A. 3418 Poinsettia Ave. West Pahn Beach, FL 33407-4891 Attn: David W. Craft, Esquire Telephone: (561) 844-3131 Facsimile: (561) 844-6267 with a copy to: Greenspoon, Marder, Hirschfeld, Rafkin, Ross & Berger, P.A. 201 E. Pine, Suite 500 Orlando, Florida 32801 Attn: N. Dwayne Gray, Jr., Esquire Telephone: (407) 425-6559 Facsimile: (407) 422-6583 If to Escrow Agent, to: Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd., Suite 200 Ft. Lauderdale, FL 33308 Attn: Donald J. Doody, Esquire Telephone: (954) 771-4500 Facsimile: (954) 771-4923 Section 17. Assigns. This Agreement shall bind and insure to the benefit of Purchaser and Seller and their respective heirs, executors, administrators, personal and legal representatives, successors and assigns. Purchaser may not assign Purchaser's rights under this Agreement without the prior written consent of Seller. CADocuments and Settings\buckleya\Local Settings\Temporary Intemet Files\OLK61\Twnhse—Contract_Final.doc 12 Section 18. Entire Agreement. This Agreement and all exhibits, when accepted by Seller, shall constitute the entire agreement between Seller and Purchaser concerning the sale of the Property and supersedes all prior agreements, representations or understandings, whether oral or written; between the parties and no modification hereof or subsequent agreement relative to the subject matter hereof shall be binding on either party unless reduced to writing and signed by the party to be bound. This Agreement, when accepted by Seller, shall be binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns. Section 19. Counterparts. This Agreement may be executed in multiple counterparts, all of which together shall constitute one agreement. A facsimile signature shall be deemed to be an original. Offer and acceptance of this Agreement by facsimile is binding. Section 20. Time of Essence. Time is important to both Seller and Purchaser in the performance of this Agreement, and they have agreed that strict compliance is required as to any date or time period set out or described herein. All references to days herein (unless otherwise specified) shall include Saturdays, Sundays and legal holidays. If the final date of any period which is set out in any section of this Agreement falls upon a Saturday, Sunday or legal holiday under the laws of the United States or the State of Florida, then, in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. Section 21. Effective Date. Whenever the term or phrase "effective date" or "date hereof' or other similar phrases describing the date this Agreement becomes binding on Seller and Purchaser are used in this Agreement, such terms or phrases shall mean and refer to the date on which a counterpart or counterparts of this Agreement executed by Seller and Purchaser, together with the Initial Deposit, are deposited with the Escrow Agent. Section 22. Time for Acceptance. Delivery of this document to Purchaser shall not be deemed nor taken to be an offer to sell by Seller. Only when executed by Purchaser or Seller and delivered to the other party hereto shall this Agreement constitute an offer to buy or sell the Property, as the case may be, on the terms herein set forth, acceptable by the party receiving such executed Agreement within seven (7) business days after such receipt, by executing this Agreement and delivering the original hereof to the Escrow Agent and an originally signed copy hereof to the other party hereto. Failure to accept in the manner and within the time specified shall constitute a rejection and termination of such offer. No acceptance shall be valid and binding upon Seller unless in writing and signed by an authorized officer of Seller. Section 23. Attorney's Fees. In the event either party deems it necessary to cause litigation to enforce, interpret or construe the terms of this Agreement, court costs and attorneys fees, including those incurred in appellate proceedings, shall be awarded to the prevailing party. In the event of enforcement of this Agreement, or any dispute as to interpretation or construction hereof the laws of the State of Florida shall apply, and this Agreement shall not be construed more strictly against one party than CADocuments and Settings\buckleya\Local Settings\Temporary [ntemet Files\OLK61\Twnhse_Contract_Final.doc 13 against the other merely by virtue of the fact that this Agreement may have been prepared by counsel for one of the parties, it being recognized that both Seller and Purchaser have contributed substantially and materially to the preparation of this Agreement. In the event of litigation, the parties hereto agree that all suits shall be instituted and maintained in the Circuit Court in and for Palm Beach County, Florida, the jurisdiction of which Court the parties ,hereby consent to. Purchaser and Seller mutually agree that they waive all rights to a trial by jury in the event of any dispute or court action arising from or related to this Agreement. The parties acknowledge that this waiver is a significant consideration to, and a material inducement for, Purchaser and Seller to enter into this Agreement. Section 24. Severability. If any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision hereof. Section 25. Headings. The headings of the sections, paragraphs and subdivisions of this Agreement are for convenience and reference only, and shall not limit or otherwise affect any of the terms hereof. CADocuments and Settings\buckleya\Local Settings\Tempoiary Intemet Files\OLK61\Twnhse Contract_Final.doc 14 EXECUTED as of the date and year written below. SELLER: Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part M, of the Florida Statutes ;II PURCHASER: Oceanbreeze, LLC, a Florida limited liability company By; Titl Da d: C v?%, 2008 mccuments and Settings\tboroMocal Settings\Temporary lntemet Files\OLKSC\Twnbse_Contract Final.doc 15 ESCROW AGENT We acknowledge receipt of the Initial Deposit in the amount of ONE HUNDRED FORTY THOUSAND and No/100 Dollars ($140,000.00) subject to clearance and agree to be bound by the terms and conditions of this Agreement. GOREN, CHEROF, DOODY, & EZROL P.A. By: Printed Name: Dated: 2008 CADocuments and Settings\buckleya\Local Settings\Temporary Internet Files\OLK61\Twnhse_Contract_Final (3).doc EXIMIT "A" Legal Description Parcel I A PORTION OF BLOCK C OF THE PLAT OF BOYNTON HILLS, BOYNTON BEACH, PALM BEACH COUNTY. FLORIDA, ACCORDING TO THE PLAT THEREOF As RECORDED IN PLAT BOOK 4, PAGE 51 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 147 OF SAID BLOCK C; THENCE SOUTH (ASSUMED), ALONG THE EAST LINE OF SAID LOT 147, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE EAST LINE OF SAID BLOCK C, 228.36 FEET TO THE SOUTHEAST CORNER OF LOT 134 OF SAID BLOCK C; THENCE WEST, ALONG THE SOUTH LINE OF SAID LOT 134, A DISTANCE OF 100 FEET TO THE EAST LINE OF LOTS 1.35 AND 136 OF SAID BLOCK C; THENCE SOUTH, ALONG SAID EAST LINE AND THE SOUTHERLY PROLONGATION THEREOF, 189.19 FEET TO THE CENTERLINE OF GRAND CIRCLE "N", BEING A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 591.65 FEET, (A LINE RADIAL TO SAID CURVE BEARS 14.41104'57"E.); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 5.02 FEET THROUGH A CENTRAL ANGLE OF 0;2911 " TO THE INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EAST LINE OF LOT 129 OF SAID BLOCK C, (a line radial to said curve at the said point of intersection bears North 40 degrees, 35'46" East); THENCE SOUTH, ALONG THE SAID NORTHERLY PROLONGATION OF THE EAST LINE OF LOT 129, A DISTANCE OF 57.60 FEET TO THE SOUTHEAST CORNER OF SAID LOT 129; THENCE WEST, ALONG THE SOUTH LINE OF SAID LOT 129 AND THE SOUTH LINE OF LOT 128, A DISTANCE OF 150.00 FEET TO THE WEST LINE OF SAID LOT 128; THENCE NORTH, ALONG SAID WEST LINE, 15.00 FEET TO THE SOUTH LINE OF LOTS 127 AND 126 OF SAID BLOCK C; THENCE WEST, ALONG THE SAID SOUTH LINE OF LOTS 127 AND 126, A DISTANCE OF I00.00 FEET TO THE WEST LINE OF SAID LOT 126; THENCE NORTH, ALONG SAID WEST LINE, 45.00 FEET TO TIIE SOUTH LINE OF LOTS 124 AND 123 OF SAID BLOCK C; THENCE WEST, ALONG SAID SOUTH LINE, 100.00 FEET TO THE WEST LINE OF SAID LOT 123; THENCE NORTH, ALONG SAID WEST LINE AND THE NORTHERLY PROLONGATION THEREOF, 193.23 FEET TO THE INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 141 OF SAID BLOCK C; THENCE N.76;46'35"E., ALONG SAID WESTERLY PROLONGATION, 157.99 FEET TO THE WEST LINE OF SAID LOT 141; THENCE NORTH, ALONG SAID WEST LINE, 101.25 FEET TO THE NORTH LINE OF SAID LOT 141; THENCE N.83;17'55"E., ALONG THE NORTH LINE OF SAID LOTS 141 AND 142 OF SAID BLOCK C, A DISTANCE OF 75.51 FEET TO A LINE 25 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF LOT 150 OF SAID BLOCK C; THENCE NORTH, ALONG SAID PARALLEL LINE, 92.44 FEET TO THE NORTH LINE OF LOTS 150, 149, 148 AND 147 OF SAID BLOCK C; THENCE EAST, ALONG SAID NORTH LINE, 205.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90100'00"; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, 31.42 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. Parcel 3 Lots 130, 131, 132, and 133, Block "C" `Boynton Hills", according to the plat thereof, as recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach County, Florida together with vacated portion of N.W. 7°i Court, lying adjacent to and southerly of Lot 130, Block "C" recorded in Plat Book 4, Page 51. CADocuments and Settings\buckleya\Local Settings\Temporary Internet Files\OLK61\Twnhse_Contract_Final.doc 17 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 III, of the Florida Statutes (hereafter "Seller") and OCEANBREEZE, LLC, a Florida limited liability (hereafter "Buyer"). 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 own 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, drainage, water, sanitary, electrical and data systems and common area improvements as required by the City of Boynton Beach's Code of Ordinances (hereinafter referred to as the Site 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 for the year of closing and easements and restrictions of record, provided such easements and restrictions do not adversely affect Purchasers ability to develop and construct an affordable single family housing project and General Improvements (the Project). 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. The Purchaser shall, within one hundred and eighty (180) days following the execution of this Addendum have obtained the requisite zoning approval for the Project from the City of Boynton Beach. ((the Master Plan Approval). The Purchaser shall complete the General Improvements as described above within one hundred and eighty (180) days following the Master Plan Approval. Failure to obtain the Master Plan Approval and/or to complete the General Improvements within the time frame outlined above shall constitute a breach and this Purchase Agreement shall be immediately terminated. The CRA shall Page 1 of 6 T:\DEVELOPMENT\Ocean Breeze\American Realty Purchase Agreement\addendum OB West FiNAL.rtf notify the Purchaser via certified/return receipt UP., Mai. f tht- t rrmi Iatror; of the Purchase Agreement. Every one hundred and twenty (120) days after: the effective date _)f the Purchase Agreement and Addendum Purchaser shall identify by written notice Seller the next group of Lots, on which Purchaser i11 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 r7luse --hall include evidence of a deposit with Escrow Agent (hereinafter identified) 1f $2,000 f, -,r each Lot which has been identified. The deposit shall be applied to the purchase price at closing. The balance of the Purchase Price for each Lot shall. be paid at closing. Purchaser shall only be required to ,lose on those Lots identified in each Notice to Close issued by Purchaser. Furchaser and Seller hereby agree that following the issuance of the first Notice to Close, Purchaser shall be required to issue either: (a) a Nc,tice tc, -'lose to Sellez_ at least every 120 days identifying 1 or more Lots, OR gib) a Notice to Close identifying 10 or more Lots during any 12 month period, on which it intends to close (items (a) and (b) above shalt ._._,ilectively be referred tc as the Minimum Required Number of Closings). In the event the Purchaser fails to meet the Minimum Required Number of Closings, Seller shall provide thirty (30) days advance written notice to Purchaser rCure Period), durir7q which thirty day period Purchaser- shall be permitted to issue Notice to Close identifying the number of lots required to cure the minimum closing requirement. In the event Purchaser fails to :.ssue a Notice to Close during the Cure Period, or, if after issuing the same, fails tc close ir, accordance with the terms thereof, Seller may elect either tc-; (a) waive the Minimum Required Number of Closings for the period in question; ,r (b) elect to terminate this Agreement, and thereafter all parties shall be released of all. further obligations, except for those specifically intended t :wive the termination of this Agreement Unless the Contract is otherwise terminated as provided above, Purchaser may continue to identify Lots on which it will close for a period of 36 months following the completion of the General Improvements. Thereafter this Agreement shall terminate and, except as otherwise expressly set forth herein, all parties shall be released of all further obligations hereunder. Section 4, nspectiori 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 tc $20,000.00 per lot for the sole purpose of funding 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. The HAP shall promptly notify Seller of all applicants and all assistance granted under this program as may otherwise be required from Seller from time tc- time. Page 2 of 6 T:\DEVELOPMENT\Ocean Breeze\American Realty Purchase Agreement\addendum OB West FINAL.rtf Section 6. Permits Approvals and Zoning Contingencies. All time period under Section 6 shall begin as of the 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, if any, 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. 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 of Title. At Closing, each Lot 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 such exceptions and, if no objection is received by Seller, such items shall be deemed "Permitted Exceptions". b. Preliminary 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 hereafter furnished, 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 closing agent for the sale of each lot. At closing Seller shall pay the cost of Purchaser s title policy at the minimum promulgated rate. Page 3 of 6 T:\DEVELOPMENT\Ocean Breeze\American Realty Purchase Agreement\addendum OB West FINAL.rtf Following the Completion of the General Improvements, the PitiF ,onunitmer:` shall be updated to reflect the Plat and to identify the individual lots that. will be conveyed to Purchaser hereunder. Following the issuance of each Notice to Close the title agent shall issue an endorsement to the Title showing that there are no new matters of record following the issuance ct 7he original Title Commitment, except for the recording of the Plat and cther instrument commonly associated with the creation f a Platted subdinisi:_r. C. Survey. Within thirty (30) days following the execution of tris Addendum, the Purchaser will order a survey of the Property (the "Survey to t.- timely made by a registered, professional surveyor or engineei licenEeu1 practice in the State of Florida and delivered to the Purchaser upon completion. Purchaser shall arrange for the survey obtained under this provisions Z this Section to be certified to Seller, Purchaser, Seller's title agent, and -he title insurance company issuing any title insurance policy as required hereunder, all in such form as the Seller's title agent shall requite, D. Title Defects and Cure. The Purchaser shail have twenty (20) days after receipt of the latter of the Title Commitment itogether with copies of all recorded exceptions shown in Schedule B -II thereof) and the Survey within which to cause the Title Commitment and the Survey to be examined and to ,_citify the Seller of any objections thereto. if the Title Commitment discloses dens, encumbrances, exceptions, objections or defects, or if the Survey aiscloses any encroachment, encumbrance or title defect (ccliectively, the "Defecns"), said Defects shall, as a condition precedent to the Purchaser's obligation to _~Lose, be cured and removed by the Seller from the Property within 30 days f:_llowing the receipt of notice from Purchaser ( Curative Perior ). The Seiler shall use due diligence and best efforts to remove or discharge all Defects, ,pa, hf the Seller is unable to remove, discharge or correct all Defects during tie Parative Period, the Purchaser shall by written notice delivered to Seller within fiv( (5) days following the Curative Period elect either to (i) terminate= this. Agreement or (ii) proceed to Close by accepting title subject to suc:n uncured Defects. If the Purchaser shall elect to terminate this Agreement pursuant tc this Section, thereafter this Agreement shall be nail and void and cf no further force or effect except for matters specifically stated herein to survive the termination hereof. If any Defects or other adverse 7stteis arise ietween the effective date of the Title Commitment and the "l._slny of any of Lots, or between the date of the Survey and the Closing, which render �&.v inmarnetab_jL in the opinion of the Purchaser, then the Purchaser shall have the right rc. object to such matters in writing to the Seller and the Seller sha.i_ oe required to cure the same in accordance with this Section; provided, however, that: the Seller shall proceed immediately and diligently > nre suet-: matters mine 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 Page 4 of 6 T:\DEVELOPMENT\Ocean Breeze\American Realty Purchase Agreement\addendum OB West FINAL.rtf 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 General Improvements Reimbursement)of all funds paid by Purchaser for the design, development, approval and construction of the 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 General Improvements Reimbursement shall be due and payable to Purchaser within One Hundred Eighty (180) days following the termination of this Agreement for any reason whatsoever. The sum due to Purchaser as a General Improvements Reimbursement shall be divided by the total number of 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 General Improvements Reimbursement. The General Improvements 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. Before issuing final payment for the General Improvements Reimbursement, Seller shall be entitled to undertake such measures as may be reasonably necessary to verify the installation or construction of all General improvements, to determine that all General Improvements were completed in accordance with applicable law and to verify all costs associated therewith and the payment thereof, provided such verification shall not delay the payment beyond the periods provided above. As used throughout this agreement, the phrase Completion of General Improvements shall mean the day following the day on which all General Improvements have been completed by the Purchaser and all such General Improvements have passed all final inspections mandated under all state, county and municipal codes and regulations as evidenced by the approval of such inspections by the appropriate governmental agency. Section 27. Home Owners Association. Prior to Completion of the General Improvements, the parties shall jointly create a Home Owner s Association (the HOA) to maintain the common areas within the Project. Upon Completion of the General improvements, Seller shall transfer title to the Common Areas to the HOA. Except as otherwise set forth herein the term of the 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) Page 5 of 6 T:\DEVELOPMENT\Ocean Breeze\American Realty Purchase Agreement\addendum OB West FINAL.rtf IN WITNESS WHEREOF the part ie, nave execi.Jeo hJ-� Aqreemei!T: c r t hc date appearing by their signatn,(--s. Witnesses as to Purchaser: (JLA1 Print Name: Prfnt Nam�' Witnesses as to Seller: PURCHASER: OCEANBPEEZE, LLC, Floi,2'da limited SELLER THE BOYNTON BEACH (1-l'OMMUNIT, REDEVELOPMENT AGENCY, a public: agency created pursuant Chapter 163, Part F'I-(.,rida Statutes By:, - P art Na A Y 7W Title: a Page 6 of 6 T:\DEVELOPMENT\Ocean Breeze\American Realty Purchase Agreement\addendUrrl OB West FFNAL.rtf XI. NEW BUSINESS: A. Consideration of Economic Development Programs 1. Commercial Rent Subsidy Program -ilk YNT itP A East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 Consent Agenda I I Old Business IX I New Business I I Legal I I Other SUBJECT: Consideration of Economic Development Programs 1. Commercial Rent Subsidy Program SUMMARY: At the November 10, 2009 Board meeting, there was discussion about creating new economic development programs to address current conditions within the CRA district. Currently, the CRA has a number of economic development initiatives; the Google map and video program, the Commercial Fagade Program and recently the Small Business Development Program. However, there still exists a high rate of vacancy in commercial buildings in the district. To help address the vacancy issue, staff has created the Rent Subsidy Program. In summary, the Commercial Rent Subsidy Program: 1. Offers assistance to new or expanding businesses in the district 2. Up to 50% of rent or $600 per month whichever is less. 3. Must create at least 2 full-time equivalent jobs to be eligible 4. Must prove financial feasibility of the businesses to be eligible 5. Limited to 12 month of CRA payments 6. Payments are made directly to the landlord 7. Must have a multi-year lease FISCAL IMPACT: Staff is recommending a pool of $50,000 for the three new economic development programs; Rent Subsidy, Interior Build -out and Signage Improvement. CRA PLAN, PROGRAM OR PROJECT: CRA Economic Development Plan RECOMMENDATIONS/OPTIONS: Approve the implementation of the Commercial Rent Subsidy Program and funding. L4�r�ooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\Economic Development Rent Subsidy.doc S NIPI YAC RA, East Side—West Side—Seaside Renaissance 2009-2010 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program The Commercial Rent Subsidy Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA District. The program is designed to provide financial assistance to new and existing businesses in the form of a rent subsidy intended to help businesses during the critical first year of operation. Program The Commercial Rent Subsidy Program offers financial assistance in the form of rent a rent payment subsidy of for up to half of the business's monthly rent or $600.00 per month (whichever is less) for the first twelve months of a multi-year lease. The maximum total subsidy per business is $7,200.00. Commercial Rent Subsidy Program funding may be budgeted annually and awarded on a first- come, first-served basis. All applications are subject to CRA Board approval. Making application to the program is not a guarantee of funding. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Rent Subsidy Program: 1. The business must be located within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for more than three years at the time of application. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have an executed multi-year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W-2 employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. Page 1 of 4 T:\PROGRAMS & GRANTS\Business Assistance Program\draft Rent Subsidy Guidelines.doc The following businesses will be considered automatically ineligible for assistance under the Commercial Rent Subsidy Program: a. Businesses that employs less than two full-time equivalent W-2 employees. b. Businesses who do not report employee's wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment" use. d. New businesses using a D/B/A that has been used by another business within the past twelve (12) months. Grant Terms and Conditions A commercial lease must define the landlord -tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and/or improvements. • Insurance requirements. • Ability to terminate. • Consequences of default on the lease. Rent subsidies will not be paid until all construction has ended, occupational license is issued and the business in open for operation. The CRA will make monthly rent subsidy payments directly to the landlord in the amount of the approved grant. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor, the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. The CRA reserves the right to approve or deny any Commercial Rent Subsidy Program applications and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the CRA District. The receipt of past payments is not a guarantee of future subsidy payments. Page 2 of 4 T:\PROGRAMS & GRANTS\Business Assistance Piogram\draft Rent Subsidy Guidelines.doc Procedures for Application and Approval Application Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: • Completed and signed application. • Copy of all business and occupational licenses. • Copy of the corporate documents for the applying business entity. • Copy of executed multi-year commercial lease agreement. • Landlord SSN or Tax ID. • Business plan, including executive summary and three-year financial projections of revenues and expenses. • Two (2) years of audited financials and corporate tax returns (for existing businesses only). • Two (2) years of tax returns for the owners of a new business. • Qualifications, experience and track records of business owners. • List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. Approval of Funding Request — Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month and staff will notify the applicant and landlord of approval or denial in writing. Rent Subsidy Payments — Rent Subsidy payments will begin at the beginning of the first full month that the business is open for operations subsequent to CRA Board approval. Payments will be mailed directly to the landlord on a monthly basis. A maximum of twelve (12) consecutive monthly payments may be made. Site Visits — CRA staff will conduct a site visit before subsidy payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Page 3 of 4 T:\PROGRAMS & GRANTS\Business Assistance PrograrnWraft Rent Subsidy Guidelines.doc Reporting — By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with each quarterly Florida Department of Revenue Employers Quarterly Report (UCT-6) during the time period the subsidy payments are being made. Failure to provide the reports to the CRA within two weeks of the date they are submitted to the Department of Revenue will result in immediate disqualification from the Program. Discontinuation of Payment — The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent subsidy payments at any time according to its sole and absolute discretion. Page 4 of 4 T:\PROGRAMS & GRANTS\Business Assistance Program\draft Rent Subsidy Guidelines.doc JqyA1F East Side—West Side—Seaside Renaissance 2009-2010 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) Applicant Name: Applicant Mailing Address: Business Name (D/B/A if applicable): Business Address: Phone: Fax: Email: Fed ID# Time at Location: Monthly Rent: Do you have an executed lease agreement: Yes No Landlord Name: Landlord SSN/EIN: Landlord's Mailing Address: Was this business previously located at another site:Yes No Dates: Previous Business Address (if applicable ): New Business: Yes Type of Business: Number of Employees: No Existing Business: Yes No Hours of Operation: Are you applying for grant assistance under any other program offered by the CRA: Yes No If yes, what additional programs are you applying for: Boynton Beach Community Redevelopment Agency Page 1 of 2 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Are you receiving grant assistance from any other governmental agencies: Yes No If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Rent Subsidy Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. Applicant's Signature Date Printed Name Title Applicant's Signature Date Printed Name Title Boynton Beach Community Redevelopment Agency Page 2 of 2 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 XI. NEW BUSINESS: A. Consideration of Economic Development Programs 2. Business Signage Improvement Grant Program YI APt, East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 Consent Agenda I I Old Business IX I New Business I I Legal I I Other SUBJECT: Consideration of Economic Development Programs 2. Business Signage Improvement Grant Program SUMMARY: In response to the need of the areas small businesses, staff has created the Business Signage Improvement Grant Program. This program will encourage businesses to upgrade their signs to promote their business and to improve the look of the district. Key points about the proposed program are: 1. Maximum grant award is $1,500 2. Dollar for dollar match required 3. Reimbursable 4. Can be used only once every three years FISCAL IMPACT: Staff is recommending the allocation of a $50,000 pool for the three new economic development programs. CRA PLAN, PROGRAM OR PROJECT: CRA Economic Development Program RECOMMENDATIONS/OPTIONS: Approve the implementation of the Business Signage Improvement Grant Program. Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\Economic Development Signage.doc OYN . _E'AIF+! n P KA, C East Side—West Side—Seaside Renaissance 2009-2010 Boynton Beach Community Redevelopment Agency BUSINESS SIGNAGE IMPROVEMENT GRANT PROGRAM AGREEMENT PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new sign for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment. 2. The property owner, or tenant if applicable, must complete the fagade improvement project and submit for reimbursement within 90 days of the grant award. Failure to complete the fagade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 3. Maximum Grant amount: The CRA will provide, a 50% matching grant for eligible signage improvements up to a total of one thousand five hundred dollars ($1,500) of CRA funds. REIMBURSEMENT REGULATIONS 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of; (1) Project accounting including invoices, receipts or other acceptable evidence of payment the licensed contractor(s) that have been marked "paid" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check; or credit card receipt (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontractors, labor, materials, related fees and permits, and (3) the Application for re -imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application. 3. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. 4. Grantees may not submit signage improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Business Signage Improvement Grant program will only honor new expenditures that have not been submitted under other grant programs. The Fagade Grant program may only be used one time in any three year period for any one business entity or applicant. Property Owner(s) or Tenant (if applicable) may re -apply for additional grants any time after three (3) years from previous grant approval. 5. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials in promoting the program. Witness (Date) Property Owner (Date) Witness (Date) Tenant/Business Owner (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to 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 NOTARY PUBLIC day of , 20_. My Commission Expires: 2 3ra:' C JqYA IF IZA East Side—West Side—Seaside Renaissance 2009-2010 Boynton Beach Community Redevelopment Agency BUSINESS SIGNAGE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Maximum Grant Amount is $1,500.00 (Please Print or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Property Owner: Address of Property Owner: City/State: Phone # Day: Evening: Zip Code: Legal description and PCN# of the property to be improved (please attach copy of warranty deed and lease, if applicable): Name of Business: (If Different from Property Owner) Address of Business: City/State: Phone # Day: Evening: Type of Business: Zip Code: 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 following guidelines are applicable to this program: The program is available only for licensed businesses located within the Boynton Beach Community Redevelopment Agency (CRA) district boundaries. Note: See attached CRA Area Map. 2. The program is for commercial properties and businesses only. The property Owner or Tenant may be the applicant. However, if the applicant is the Tenant, then the Application and Agreement must be jointly executed by both the property Owner and the Tenant. 3. Applicants may not have any outstanding City of Boynton Beach liens against their property and their business license in good and current status with the City of Boynton Beach. 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. 4. Eligible signage improvements for this program include: • Signage for a new business (located on the building or the property) • New or replacement signage for an existing business (located on the building or the property) • Signage on Awnings/canopies • Associated lighting 5. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. Signage must be in accordance with City Ordinance No. 98-43 and the CRA Design Guidelines (attached). 6. Proposed signage and applicable improvements must be approved by the CRA Board. 7. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible signage improvements up to a total of one thousand five hundred dollars ($1,500) of CRA funds. Example: Total sign costs: $1,800.00 Applicant funds expended: $1,800.00 CRA reimbursement: $ 900.00 8. The Signage Improvement Grant program may only be used one time in any three (3) year period for any one property owner, business entity or applicant. Businesses may re -apply for additional grants any time after three (3) years from previous grant approval. 9. The approved applicant must complete the signage project and submit for reimbursement within 90 days of the grant award. Failure to complete the signage improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 10. Disbursement of grant funds shall only occur if the following conditions are met: • CRA has received an applicant reimbursement request letter. • CRA has received copies of executed sign contracts, canceled checks (front and back); or credit card receipts as proof of payment. • CRA has received copies of final "paid in full" vendor/contractor invoices. • CRA has received copies of final inspection approvals for all permit required work. • Applicant provides four 3"x5' color "After" photos. 3 APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256, or online at www.boyntonbeachcra.com. 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. 3. Appropriate grant program documents will be prepared and submitted by the applicant. CRA staff will then present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month and the applicant will be notified of grant approval by regular mail. 4. The CRA will administer the Business Signage Improvement program and funding. In addition to the appropriate City building inspections, the CRA will inspect the work to determine the satisfactory completion of the work. 5. Applicant shall obtain, read and understand all aspects of the Business Signage Improvement Grant Program Agreement, including Program and Reimbursement Regulations. 6. Proposed signage must be designed in accordance with the Urban Design Guidelines (attached). 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. REQUIRED PROJECT INFORMATION Submit the following required items along with the Application: • Project work write-up(s) describing in detail the scope of the project, • Plans or sketches of proposed signage and location including color samples and material specifications, • Third -party cost estimates from a minimum of two (2) licensed contractors, • Estimated project time line, • Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), • A minimum of four 3" x 5" color "before" photos of the project which must include all "public views", 4 By signing this Application, I acknowledge that the information provide is true and accurate. I acknowledge that I have received, read and executed a copy of the Program Agreement and I agree to comply with its content. Witness (Date) Property Owner (Property owner's signature must be notarized) Witness (Date) Tenant/Business Owner STATE OF FLORIDA, COUNTY OF PALM BEACH (Date) (Date) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to 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 NOTARY PUBLIC My Commission Expires: day of 5 120—. a SIGNAGE CRITERIA Intent Signs are a necessary part of the business district. They communicate the critical messages. Privately owned "on premise" signs function to provide the individual businessperson with identification and creates a business image. In addition. signs must"index"all of the goods and services in the business district, each sign playsa substantial role in creating the visual character of the district. As a primary visual element of any commercial area, each sign can enhance the image of the entire business district or detract from it. The most common problems with signs are their excessive size and inappropriate placement on buildings. Visual disharmony will result from signs, which overpower a small building or are poorly positioned on an otherwise attractive building. In addition to size and placement, the physical design of the sign itself is important. Good signs clearly express a simple message. Lettering styles should be legible and material and colors should be selected which will relate harmoniously to exterior building materials and colors. Refer to the Boynton Beach LDRs for specific sign regulations. Design Criteria 1. Message Keep the message simple. Remember the prime function of your sign is to "index" your storefront. Keep the wording to minimum so that it may be easily read bypassing motoristand pedestrians. Use keywords or logos to identify your business. Avoid redundant wording and unnecessary slogans; they clutter the sign and will often interfere with the visibility of your primary message. 2. Size and Position To position the storefront sign, first view the exterior of your building. Look for logical "signable areas" on the exterior of facade. The best areas for signs will be those placesthat contain continuousflat surfaces that are void of windows, doors or other architectural elements. For many older structures that most appropriate location for signs will be the lintel strip above the storefront or on transom panels above the display windows. For newerbuildings, continuous areas of stucco ormasonry that are immediately above the top of the storefront offer the best possibilities. Also consider the use of window lettering. Attractive painted letters, decals or window graphics can identify as well as add character to your window display. As a general rule, signs should not exceed one square foot of sign for each linear foot of frontage. Position individual letters on sign panels within these predetermined areas. This will allow the sign to fit the building. While evaluating the size and position of your sign, be aware that canopies and landscaping elements may obscure the message from certain viewing areas. is!!1'!(iQii 128 SIGNAGE SIGNAGE CRITERIA Design Criteria (continued) 3. Color Select colors that are compatible with the exterior colors of your storefront and the entire building facade. Keep your color scheme simple. If you use more than one color in your sign, select colors from a common family of tones. It is not necessary to use more than two colors in your sign. Avoid combination of primary or day glow colors. 4. Lettering Many styles of type are available, select a letter style, which is compatible with the architectural style of your building and the business image that you wish to express. S. Quality Your Sign is your nameplate. the design, lettering and color of your sign should be attractive as well as legible. Accuracy and precision in the fabrication and installation of your sign is essential. Remember, your sign says a lot about you. The visual quality of its appearance suggests something to your potential customers about your concern for quality. A makeshift sign does little to promote professional image. 129 LE - SIGNAGE SIGNAGE TYPES Mixed -Use Districts permitted sign types: 1. Frieze/Flat Mounted Wall Signs 2. Awning Signs 3. Awning/Facade Mounted Signs 4. Individual Letters 5. Wall Plaques 6. Logos 7. Window Signs 3. 3. r�) 7. .13crich Gahleliflo 130 Mom 3. 3. r�) 7. .13crich Gahleliflo 130 SIGNAGE SIGNAGETYPE5 Zoning Districts: R1, R2, R3, C1 -C2, C3-C4, M1 permitted sign types: 1. Including all signs types allowed in Mixed -Use Districts plus: 2. Freestanding Signs 3. Pole Mounted Signs AA kv Bay Systems 131 ` 1519 Main Street - Sarasota, Florida ' 34236 T-- 1016 Clemons Street Jupiter, Florida Suite #406, 33477 „.: 1000 South Atlantic Avenue Cocoa Beach, Florida 32931 .f Parks and Open Space Master Planning tP Community and Regional Planning Environmental Planning Economic Development Landscape Architecture Strategic Planning Land Planning Urban Design XI. NEW BUSINESS: A. Consideration of Economic Development Programs 3. Commercial Interior Build -out Program f a Y�1T j6lqA2 RA East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 Consent Agenda I I Old Business IX I New Business I I Legal I I Other SUBJECT: Consideration of Economic Development Programs - Commercial Interior Build -out Program SUMMARY: Staff has drafted the Commercial Interior Build -out Assistance Program to address the need of small businesses. Due to a tightening of the lending market for business, many small businesses are finding it difficult to obtain capital to undertake interior improvements. Even with concessions by landlords there is often a funding gap for small businesses. Key elements of the proposed program are: 1. Up to $15,000 per business/commercial space 2. Amount is dependent on the number of jobs created/$5,000 per FTE job capped at $15,000 3. Business must be financial feasible 4. Reimbursable 5. Jobs must be retained for two years after project completion FISCAL IMPACT: Staff is recommending a $50,000 pool of funds for the three new economic development programs, Commercial Rent Subsidy Program, Commercial Interior Build -out Program and Signage Improvement Program. CRA PLAN, PROGRAM OR PROJECT: CRA Economic Development Plan RECOMMENDATIONS/OPTIONS: Approve the implementation of the Commercial Interior Build -out Assistance Program and funding. Vivian L. Brooks Assistant Director T:WGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\Commercial Interior Build-out.doc IAL� `ANT I , CR`A, . East Side—West Side—Seaside Renaissance 2009-2010 Boynton Beach Community Redevelopment Agency Commercial Interior Build -out Assistance Program The Commercial Interior Build -out Assistance Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA district. The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce a business's initial costs associated with the construction and interior finishing of a new or expanding location. Applicants may be eligible for up to $15,000 to assist with the cost of commercial interior construction or renovations. The amount of funding is determined by the number of jobs created by the applicant. Each full-time equivalent job created is worth $5,000.00 in funding assistance from the CRA with a maximum grant award of $15,000. Businesses applying for financial assistance with the cost of interior build out must receive City of Boynton Beach Development Department and Building Department building permit approval. Protiram The Commercial Interior Build -out Program offers financial assistance in the form of a reimbursable grant to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the operating space. Items eligible for funding under the program are limited to: 1. Interior walls 2. Interior plumbing 3. Interior electrical system including lighting 4. HVAC system 5. Flooring The Commercial Interior Build -out Program funding may be budgeted annually and awarded on a first-come, first-served basis. All applications are subject to CRA Board approval. Making application to the program is not a guarantee of funding. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Interior Build -out Program: 1. The business must be located within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. Page 1 of 4 T:\PROGRAMS & GRANTS\Business Assistance Program\Interior Buildout Assistance Program Guidelines-draft.doc 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for a minimum of three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have an executed multi-year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W-2 employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. The following businesses will be considered automatically ineligible for assistance under the Commercial Interior Build -out Program: a. Businesses that employs less than two full-time equivalent W-2 employees. b. Businesses who do not report employee's wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment" use. d. New businesses using a D/B/A that has been used by another business within the past twelve (12) months. Grant Terms and Conditions A commercial lease must define the landlord -tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and/or improvements. • Insurance requirements. • Ability to terminate. • Consequences of default on the lease. Page 2 of 4 T:\PROGRAMS & GRANTS\Business Assistance ProgramUnterior Buildout Assistance Program Guidelines-draft.doc The CRA reserves the right to approve or deny any Commercial Interior Build -out Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the CRA District. Procedures for Application and Approval Application Process - All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: • Completed and signed application. • Copy of all business and occupational licenses. • Copy of the corporate documents for the applying business entity. • Copy of executed multi-year commercial lease agreement. • Landlord SSN or Tax ID. • Business plan, including executive summary and three-year financial projections of revenues and expenses. • Two (2) years of audited financials and corporate tax returns (for existing businesses only). • Two (2) years of tax returns for the owners of a new business. • Qualifications, experience and track records of business owners. • Copy of design and construction plans associated with the proposed improvements. • List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. Approval of Funding Request — Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month and staff will notify the applicant and landlord of approval or denial in writing. Site Visits — CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Expense Reimbursement - This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The Page 3 of 4 T:\PROGRAMS & GRANTS\Business Assistance ProgramUnterior Buildout Assistance Program Guidelines-draft.doc CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request package. The property owner, or tenant if applicable, must complete the interior improvement project, obtain a Certificate of Occupancy (CO) from the City of Boynton Beach and submit for reimbursement within 180 days of the grant award. Failure to complete the improvements within the specified timeframe will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of: (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) Application for reimbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Commercial Interior Build -out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build -out Assistance program may only be used one time in any five year period for any one specific commercial unit. Businesses are limited to one Commercial Interior Build -out Assistance Program award. Grantees shall allow the CRA the rights and use of photos and project application materials. Reporting — By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with each quarterly Florida Department of Revenue Employers Quarterly Report (UCT-6) during the two years following completion of the project to verify that the required job positions are properly filled and maintained. Page 4 of 4 T:\PROGRAMS & GRANTS\Business Assistance ProgramUnterior Buildout Assistance Program Guidelines-draft.doc k 4hk 4 t! Ir. East Side—West Side—Seaside Renaissance 2009-2010 Boynton Beach Community Redevelopment Agency Commercial Interior Build -out Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) Applicant Name: Applicant Mailing Address: Business Name (D/B/A if applicable): Business Address: Phone: Email: Time at Location: Fax: Fed ID# Monthly Rent: Do you have an executed lease agreement: Yes No Landlord Name: Landlord SSN/EIN: Landlord's Mailing Address: Was this business previously located at another site:Yes Dates: Previous Business Address (if applicable ): New Business: Yes No Existing Business: Yes No Type of Business: Number of Employees: Hours of Operation: Are you applying for grant assistance under any other program offered by the CRA: Yes No If yes, what additional programs are you applying for: Boynton Beach Community Redevelopment Agency Page] of 2 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Are you receiving grant assistance from any other governmental agencies: Yes If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: No I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build- out Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. Applicant's Signature Date Printed Name Title Applicant's Signature Date Printed Name Title Boynton Beach Community Redevelopment Agency Page 2 of 2 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 XI. NEW BUSINESS: B. Consideration of Proposal from Community Caring Center to Provide Funding of $35,000 - $50,000 JqYAT East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 12, 2010 Consent Agenda I I Old Business I X I New Business I I Legal � I Other SUBJECT: Consideration of Proposal from Community Caring Center to Provide Funding of $35,000 - $50,000 SUMMARY: The Community Caring Center has presented a proposal to the Agency for the financial support of a position in their small business economic development program. Their request is for between $35,000450,000 of financial support. FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS/OPTIONS: Provide policy direction to staff. Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\CCC Proposal.doc Board of Directors: Vacant, President Community Caring Center r' of Boynton Beach, in(. Robert W. Clinger, lst Vice President Lillian Ostiguy, 145 NL 4th A%enue 2nd Vice President Ro} nton Beach, Florida 33435 Everlene Baker, rbonc.(561)364-9501 Secretary Fam (561)364-7288 Art Wittman, !i ehsi le: n %ti wxccbb.or? Treasurer Michele Benner January 6, 2010 Carol Dechant Janet Dixon Ms. Lisa Bright, Executive Director Rev. Harold Dom Boynton Beach Community Redevelopment Agency Mary Lou Eastham 915 N. Federal Hwy. Lois Horley Estella Jones Boynton Beach, Florida 33435 Dr. Timothy Kehrig Joyce Portnoy RE: Request for Economic Development Funding $35,000 to $50,000 Staff.- Sherry Johnson, Dear Ms. Bright: Executive Director Cindyann Held, Case Manager The Community Caring Center of Boynton Beach, Inc., d/b/a Ocean Ave. Chris Hemmingway, RN Green Market would like to request funding for the small business economic Nutritionist development program. Jamie Schleek, Green Market Asst. Janet Spain, The program was created out of our "Creating a Healthier Community" FIA Recruiter/Trainer Initiative, which is a 5 -year plan to create a Public Market Place in Boynton Florence Sudina, Beach. The concept was presented to the City Commission on March 2005 and Food Pantry Coord. the Boynton Beach Chamber of Commerce, a copy is attached for your review. Sandra vanager Case Manager The Public Market concept is a layering of non-profit/public/private p y g entrepreneurships designed to create new businesses and jobs and stimulate Socias Services downtown Boynton Beach economic activities by creating special events. ACCESS Child Nutrition One of program initiatives is the creation of a working small business Faith in Action incubator focusing specifically on types of businesses found in a Public Market Place. It uses the Green Market as a program to provide marketing opportunities Financial Aid Food Pantry for these small businesses. The Green Market helps small emerging businesses to create a market following for their products, provide feed back on pricing and The Happy`" u product quality. The Cafe/Bakery/Produce/Deli provides the working outlet to create sales and income. Working incubators provide settings that can be Cot a Alegre" industrial space/bay, or a shared office setting. Green Market clients go to the SHARE cafe to do the same. Economic Development: Support is being sought for this program that could help expand these OOKAR% Business x businesses and create additional jobs as we move closer to this Public Market QUEEN Incubator Place. "'""""eT "Ocean Ave. Green Market"! A Grocery Business Incubator/' Green Market Program Ms. Lisa Bright CRA Request for Funding Page -2- The funds would be used to pay for a staff position that would help in the marketing of our clients and this program and encourage business expansion. The focus will be on the following deliverables: 1. identify twenty-five (25) new businesses during the year with a 50% retention rate; 2. create ten (10) new jobs; 3. provide one (1) downtown activities to encourage pedestrian traffic and stimulate economic activity: i.e., Annual Classic Car Show and/or Annual Seafood Festival; 4. develop with Dr. Lynn Allison a micro -loan program for emerging small businesses access to capital; 5. assist businesses apply for assistance from the CRA programs as they develop and move beyond the working incubator setting. Small business clients would be: A. encouraged to participate in the TED Centers small business classes; B. assisted with developing a marketing and business plan; C. assisted with business development such as licensing, insurance, website design, product labeling, trademark and paten; D. assisted with credit repair, and prepared for bank ability; E. encouraged chamber membership; The programs fall within the goals and guidelines of the CRA. The partnership between the Green Market and the CRA/City will enhance the encouragement of small business activities and promote economic recovery for CRA area in Boynton Beach. incerely, 5erry Jo 0 Executive ctor Attachmen Creatin g Comi.i.,iunitv` a Hea th erhi � ti a,fi � - Colninunity Caring Center of Boynton Beach, Inc. City Commission Presentation March 5,2007 Table of Contents Background 3 Problem 4 Action is Needed 6 Conclusion s-7 Acknowledgements 8 Attachments 9-10 li Benefits of Ownership, incubator, visual aide Fresh Food Financing initiative 1 - 5 "C'REAIIN(. ,A 1A I I I I I t R Q 0N1MLlN3Cl"' Background Founded in 1987, the Community Caring Center of Boynton Beach, Inc.'s.. ("CCC"'), primary focus has been hunger, the issues preventing clients from accessing healthy, nutritious, and affordable food, and the resulting nutritional and economic impact on the lives of families and children. CCC has provided an emergency food pantry for twenty (20) years; has been a host site for a food distribution program called SHARE (Self Help and Resource Exchange) for twelve (12) years; a member of Palm Beach County's Food Alliance and participated in the ' 2004 Palm Beach County Hunger Survey (a collection of data concerning hunger in Palm Beach County), is a board of director member of the Boynton Beach Planned Approach to Community Health (PATCH) creating a "Wellness Center" in Boynton Beach, teaches child nutrition education at the Treasure Chest Early Learning Center using ' Dole's "S A Dav" curriculum; and is trained to teach nutrition cooking using ' "The Happy Kitchen/LaCocina Alegre" method, a project of the Sustainable Food Center located in Austin, Texas. CCC recently conducted a study, funded by the Forrest C. Lattner Foundation, on the nutritional evaluation of its SHARE program's food products and its compatibility with client's dietary needs. CCC interviewed l 11 of its 274 SHARE participants. It found that two-thirds of its participants were elderly and suffered from nutrition related diseases: 32% diabetes, 27% high blood pressure, 9% high cholesterol, and 32% heart disease. The majority indicated that they felt the food was affordable, stretched their dollars and was compatible with their approach to control their nutrition related diseases through dietary mean in conjunction with their medication. CCC has been able to expand its food programs to include USDA products, meats from local grocers, and fresh produce from gleaning programs. It now provides $300,000 of food to approximately 2,400 families each year. CCC also addresses the nutritional and cultural needs of the community in its emergency food programs in addition to providing affordable food program options like SHARE. However, the need is much greater and requires a public private partnership on a multi-level sector approach. PAGE 3 - CREATING A HEALTHIER COMMUNITY" INITIATIVE Problem Poor diet and lack of exercise are currently the object of a great deal of media coverage, commercial marketing, discussion and debate throughout American society. Socioeconomic status is probably the greatest determinant of a person's ability to maintain a healthy diet and get exercise. The 2004 PBC Hunger Survey sited "insufficient funds" as the primary reason that Palm Beach County households were food insecure (hungry). Palm Beach County residents were not only hungry but they were double that of the national average of households with the same income levels. In addition, children living in Palm Beach County were three times the national average to NOT know where their next meal was coming from. CCC serves 1,638 of those children. After calculating fixed costs such as health insurance, rent, utilities, childcare and transportation, there were few if any discretionary funds left for; low-income households to spend on food. Respondents to the survey sighted low-paying jobs, high utility bills, transportation problems and disabilities as j reasons. The 4 Joint Center for Political and Economic Studies/PolicyLink indicates that diet and nutrition related diseases disproportionately affect people of color. This is particularly of concern for African Americans and Latinos. Not only are the obesity rates for this group high, their rates are growing faster than among whites. African Americans have had a consistently higher rate of diabetes than whites, as well as, disparities in heart disease that includes a premature mortality due to heart disease. CCC assists clients by providing medication vouchers to pay for prescriptions, obtaining prescription drug assistance, applying for Medicaid and Healthcare District assistance, registering for mammograms, providing financial assistance to pay rent, mortgages, and utility bills, providing Palm Tran bus passes, applying on-line for food stamps, providing job placement referrals, providing hurricane preparedness and recovery programs, and providing food' programs. In order to better advocate for those that come to the CCC for assistance not only does staff document the need, income, household size, and ethnicity, but tracks the underlying reason: employment, domestic issues, & PAGE 4 1`UREA TI Nt. A HEALTEtlER C0.vAAlUNI1)" INI-tIA?Iv7 health issues. Programmatic expansion in the last three (3) years to included frail/elderly care giving, and hurricane preparedness/response has provided additional community health data. The resulting data collected by CCC is a compilation providing detail and insight as to the health condition of the community it serves. There are 4,498 people served by CCC that are elderly, working poor, and single moms with children who have limited means of transportation. CCUs clients make daily food choices that have a compromising affect on their health largely due to a lack of understand and limited "opportunity structures" such as sustainable food centers that provide fresh and affordable food. The result is an increase in demand for food and financial assistance. Of the CCC clients requesting financial aid each year, 55% of those clients have been debilitated due to health related issues. For 28% of that group, the health related issues are nutrition related diseases, i.e. some cancers, high cholesterol and blood pressure, heart disease, and diabetes. Frail/Elderly g Iryuy/Sugery Dialysis Disabilities SNUritionRelated Diseases j r: FIV/AIDS uAdditions Lugs �Mental Illness B lied The lack of affordable nutritious food has had a tremendous economic impact on the community resulting in the lack of productivity, increases in healthcare costs, increased demands for social services, and large numbers of children living in poverty. This cycle of impoverishment will continue to P A G L 5 - 1 "CREATING A HEALTHIER COMMUNITY" INITIATIVE economically impact this community until a "healthier community" initiative is addressed as a collective whole from all sectors. As CCC began to track the data, it began to understand it's relationship to the economic impact of a community in terms of loss of productivity and increases in healthcare costs. After two years of Action Is Needed hurricane activity and inflating housing markets, there has been a substantial increase in the demands for social services, including the emergency food pantries. What was normally an "emergency" food resource, the pantry has become a sustaining food center for increasing numbers of working families. CCC's response so far has been three -fold: 1) to change the quality and nutritional value of food offered from its food pantry, to include fresh, locallyI grown produce, adequate amounts of protein, sugar -free and low -salt selections, and whole grain items; 2) to support the efforts of the Boynton Beach Planned Approach to Community Health (PATCH) program to create a "Wellness Center"; and 3) to address prevention by educating and equipping the community to begin to break the cycle of poverty imposed by nutrition related J diseases. However, much more needs to be more done. i Eliminating nutrition and health care activity related to disparities requires a multiple level approach. To create a health -promoting community environment, it must include public and private support from all sectors, including industry, commerce, health care, transportation, policy, and media/ advertising. CCC is looking to partner with these sectors by helping to address the health and economic conditions of this community. As a Conclusion result, CCC is taking steps towards "Creating a Healthier Community" by creating a not-for-profit grocery store. It is a 5 -year program that begins by creating awareness, educating the community, involving the faith community with Dole's "5 A Dozy - Body & Soul, " supported by Tom Joiner of "Black America," and creating a business incubator. The incubator will include i I PAGE 6 GREATIN4, A HLALTHIER COMM[IN 111 y INITI.A?Ita entrepreneurs interested in catering, gardening, cafe's, bakeries, green market, fish & meat markets, and nutrition & culinary classes. CCC has established a steering committee consisting of a grocery manager, food co-operative, land planner, realtor and construction estimator, attorney, nutritionist/physician, faith community leaders, local business representative, and local growers. CCC is in partnership with PBC's Economic 'Development Department, the Department of Agriculture, PBC Extension, and the University of Florida who are providing technical assistance with our business plan, financing efforts, and legislative reforms required to bring these efforts to fruition. Financing is key. CCC has taken steps to introduce a financing initiative called 5 "The Fresh Food Financing Initiative" to the State of Florida legislature. The Fresh Food Financing Initiative was originally created twenty years ago in response to the rising concern in Pennsylvania over the lack of access to fresh foods in underserved communities. By providing underserved people access to fresh food retailers with greater variety, the initiative will provide this community the choice of a more nutritionally balanced diet. The lower food costs also enables underserved persons living on budgets to purchase higher quality foods. The Joint Center for Political and Economic Studies/Policy Link states: "Healthy food options and physical activity are glaring absent from poor communities and communities of color. When these opportunities are not available within a community, residents are much less likely to eat nutritious foods or to be physically active. The disparity in food and physical active resources is contributing to high levels of nutrition and physical activity related diseases in the African American and Latina communities. " PA(;v 7 .14 1 "CREATING A HEALTHIER COMMUNITY" INITIATIVE CCC feels that this move is compatible with the social service and economic development goals and objectives of the City of Boynton Beach and the Community Redevelopment Agency and would ask for your participation in a collective action to address the need to "Create a Healthier Community." Acknowledgements 1 Palm Beach County "Food Security Project" October 2004 Summary funded by United Way of Palm Beach County, Healthcare District, Palm Beach County, and Children's Services Council is a 18 -month strategy to collect qualitative and jquantitative data regarding hunger and food insecurity in Palm Beach County that would support strategic planning on food systems. 2 The "5 A Day " program is the largest public-private education initiative so - sponsored by the National Caner institute and Produce for a Better Health Foundation, who primary function is to increase the consumption of fruits and' vegetables to improve health. www.phbfooundation.org 3 Sustainable Food Center (SFC) is a nonprofit working to create a food secure j community by improving access to local, healthy and affordable food for children and adults in Central Texas. i 4 "A Place for Healthier Living" Joint Center for Political and Economic' Studies working to improve the health status of black Americans and other ethnically diverse groups by expanding their participation in relevant political, economic, and health policy arenas 5 "Fresh Food Financing Initiative, " Program Guidelines - The Reinvestment' Fund, www. trfund com i i PAGE 8 "CREATING A HEALT111GR l'Unt MIIN IT I'" PNII IkIICI Non -Profit Grocer Incubator I • ~„ Conceptual Design Nonprofit i Cooperative r Incubator Cultural Diversity f • Management Board of Directors • Opportunities Ownership Small Business Retention Education Training Healthier Community Unique environment that supports the success of small companies by providing shared services: Strategic Guidance Enhance Innovation Accelerated Progress • On-site incubator manager for complete incubation services including technical and business development assistance: Entrepreneurial Training Business Plan Assistance Employment & Training Programs Shared Services & Equipment Management & Marketing Professional Services • Access to franchise opportunities & financing: SBA & Micro Business Loans Venture Capital Funding Referrals to Traditional Lending Institutions Seed Capital Financing PAGU 9 I"CREATING A HEALTHIER COMMUNITY" INITIATIVE Events Youth programs Culinary Events Health Program 8& Nutrition Classes Green Market during season Cultural Events celebrating diversity Ownership Opportunities Catering Bakery Events Planning Fish Department Produce Department Meat Department Deli Coffee Shoppe Marketing Social Services Faith Community participation in "Body 8r Soul" Program Weekly food delivery to shut-ins Training & Rehabilitation Services Daycare Access to affordable, nutritionist, food and fresh produce Incubator for small businesses PAGE 10 ` •`CREATING A H I .ALTHIF9 �`uM NAU"I 11 LN[T PAGF t i Friday January 15, 2010 6:00 - 9:00 PM Bulldog Rock n' Roll Band Friday February 19, 2010 6:00 - 9:00 PM Wild Fire - Calypso a Island Music Friday March 19, 2010 6:00 - 9:00 PM Sundown Country Band Friday April 16, 2010 6:00 - 9:00 PM Cricklewood - Oldies & Rock Friday May 21, 2010 6:00 - 9:00 PM Pure Justice Band - Rhythm & Blues Wo A �I�I )c I�III I I I )<��Ich P( )Si maissance Y" S7f3�il�fi Friday February 5, 2010 7:00 - 9:00 PM Featuring: HAIRSPRAY, Rated PG /-, kA'�. ` T1uc Palm I, 'wil Phst Page I of 3 Bright, Lisa From: Kemberly Bush [kemberlybush@yahoo.com) Sent: Wednesday, January 06, 2010 10:35 AM To: Bright, Lisa Cc: Lance Chaney Subject: Betty Roberts Building Usage Lisa, Below is a list of the services we intend to provide for the community utilizing the Betty Roberts Center. We will operate all of the services listed except the youth services component at the Center. We have received funding support from the Community Foundation and the Boynton Beach Police Dept to start these services in the community. We are writing grants with the hopes of having this program, Poverty to Prosperity, fully funded within the one year. If we are able to obtain the Center, we will begin offering several of the components immediately. SERVICES This program will serve the entire community as a whole. The Educational Component will serve youth and adults. For the youth we will have a Youth Services Component which includes an after school program with a Certified Educational Instructor, tutors, and youth specialists that will assist students academically. Students will complete an assessment test to determine their area of need. We will utilize students from Palm Beach Community College and Florida Atlantic University to provide tutoring. We will work closely, with the Palm Beach County School District and local neighboring schools (where students in after school program attend) to ensure academic success for all of our students. We will also focus on the social and emotional growth of the youth through our enhancement services (i.e. mentoring, recreation, arts, digital media, and cultural enrichment, employability skills training, financial education, career planning, etc) that will be offered during the after school and summer programs. Our program will participate in the Quality Improvement System (QIS) established by the Children's Services Council of Palm Beach County which governs the quality of care in after school programs. We will assist in college preparation, for high school juniors and seniors. We will assist them in applying for scholarships and grants, as well as assisting them in completing the application process for admission into school. We will take students on college tours to assist in this preparation process. For the adults we will offer GED classes, utilizing Certified Instructors for the Literacy Coalition of Palm Beach County. Our case managers will connect clients to local vocational, technical and medical training schools to further their desired careers and we will monitor their progress through our Case Management Component. We will also offer Financial Literacy educational classes that will focus on educating participants on opening and managing checking and savings accounts, developing household budgets, understanding credit reports and beacon scores, understanding interest rates, etc. We will establish partnerships with the local banking institutions, the Center for Consumer Credit Counseling and the TED Center of Palm Beach County to offer these services on site in our Center. Our case managers will 1/12/2010 Page 2 of 3 monitor participants' progress and participation. The Case Management Component is a major focus of this program. Every child and adult enrolled in the program will have a case manager from Poverty to Prosperity assigned to them. The case managers will develop a comprehensive case plan, along with the individual, that will focus on transitioning toward self sufficiency. The case managers will meet regularly with the participants to encourage them, assist in eliminating barriers to success, and monitoring progress. In our Work Readiness Component we will offer job training and assistance to youth and adults by collaborating with our local Workforce Alliance and other job placement agencies. Participants will be trained in resume writing, interviewing techniques, dress etiquette and completing job applications. Our Job Coaches will partner with local businesses in the community to provide summer work experiences for our youth and they will develop weekly job listings to assist adults in their job search efforts. In our Support Groups Component we will offer alcoholics anonymous, narcotics anonymous, parenting support, marijuana anonymous, smoking anonymous, and any other groups deemed necessary for the community. These support groups will promote healthy communities and empowerment. A degree of participation in the information/support groups is entered on an observational rating scale by the Case managers. The information will assist in determining the relationship between participation in these groups and application of appropriate skills. The Information and Referral Component is provided to participant families by their case managers. Sharing information about available resources and services is constant and ongoing. Referrals for services are made when participants, for whatever reason, are unable to access the service by themselves. Helping the participant access the services the themselves is priority, and even when referrals are made for them, it is done with the intent that the next time (or times) their stepping in to make a referral will not be necessary. When referrals are made, they are done with the knowledge and agreement of the participant and are tracked and followed up on by the case manager with the participant. Poverty to Prosperity will provide information and referrals for non -participants in the target community. Community residents will come to the office requesting information and/or referral assistance. Service directories and resource materials are kept in the office for use by any and all staff when these requests are made. The goal of the information and referral services at Poverty to Prosperity is not to duplicate what has been done but to effectively utilize what is available and distribute the information to the community. In the After school program, the youth will attend 5 days per week at the Center. Each youth will have a school visit by one of Youth Specialist at least 2 times per month at their respective school. This component is important for us to gage areas where the students may need assistance, to monitor attendance and behavior and allows opportunities for staff to strengthen relationships with the students and the school personnel while reducing barriers to adequate school performance. In the Family Development Component, case managers will have contact with families on at least a bi-weekly basis, either during a home visit or one-on-one at the Center allocating at least forty-five minutes for each scheduled visit. Each visit will be guided by the case manager's Poverty to Prosperity protocol which will cover sequences of the initial visit and the case manager's responsibility and accountability in topic for the visit depends on the individual participant's situation. Areas relevant to participants around health issues are also covered, i.e. insurance needs, substance abuse, etc. 1/12/2010 Page 3 of 3 Following registration into the program, a family assessment is completed by the case manager on or before the third visit. The manner in which this form will be designed will allow the case manager to obtain a comprehensive profile of the family. When the assessment is complete, the case manager presents the new participant(s) at a staffing meeting. These will occur at weekly staff meetings. If a new participant is unable to be "staffed" at these meetings, in a timely fashion, the case manager will "staff' the participant(s) with the Assistant Director to expedite the family support plan and bring to full staff at a later meeting. The staffing focus will be on elements needing to be included in the family support plan including all areas with which the participant desires assistance. Upon completion of this staffing, the case manager documents the plan in writing, delineating task and task responsibility for the accomplishment of each specified objective. This will then be finalized in conjunction with the participant to ensure it reflects what had been discussed and is signed off by the participant and the case manager. When appropriate, other agencies with whom the participant is involved will be invited to participate in the development of the support plan. Our case managers will work closely with these other agencies on behalf of the participant after the participant signs the release of information allowing them to do so. Crises are expected to occur with many of our families. When they occur, the participant will be assisted in dealing with the crisis. One of the case manager's goals in these situations is to help ensure the immediate need is addressed and to help the participant deal with ways to avoid crises and anticipate and plan for averting similar crises in the future. The case mangers, through their work with the families, will build strong relationships with the participants and provide a support for the families to help them reach their goals. If you need any additional information, please feel free to contact me. Kemberly Bush (561)732-2377 1/12/2010 Bright, Lisa From: Bright, Lisa Sent: Monday, December 14, 2009 11:01 AM To: Bright, Lisa Subject: FW: Business Class -----Original Message ----- From: loissmit@nova.edu [mailto:loissmit@nova.edu] Sent: Friday, December 11, 2009 6:00 PM To:,annette@rainbowmarketinginc.net Cc: loissmit@nova.edu; everlene_7460@bellsouth.net; gertsull@aol.com Subject: Business Class Mrs. Gray, Victor Norfus, Everlene Baker, Dr. Martha Meeks Light, Page 1 of 1 victord362@yahoo.com; djack8ll54@bellsouth.net; Gertrude Sullivan, Doris Jackson, Lateesha Roundtree, Odessa Roundtree, Lois Smith, John Dames, Mr. Aikens and about six others original CRA committee members. I spoke with you last night and said that I would send you the list of the initiators of the Businesses for MLK corridor. We understand that the property on the corner of MLK and Seacrest purchased by CRA will be an incubator type place; this property is what we wanted to use as an community action center as the firs order of businesses; as a multipurpose building. Can you make a request that the CRA renovate it and allow us to use it as a business pilot location? In the CRA budget that was presented to Commissioners and Citizens Committee, there is an allegedly $1,000,000 remaining from a $1,600,000 that was expressly to be used on MLK for redevelopment purposes. Land was being acquisitioned but no business or beautification projects were replacing our blighted areas. Now, the push by CRA is to Brownfield the area and perhaps developers will come in to develop the area, but I am very leary of this happening with Brownfield, being another eminant domain ploy to take property and leave the residence with nothing to show for their lifelong dreams of a city thriving with black owned businesses, like it was back in the earlier days of Boynton Beach. I know I am preaching to the choir. Lois Smith 12/14/2009 From::oNnette Gray [mailto:annette@rainbowmarketinginc.net] Sent: Saturday, December 12, 2009 12:33 AM To: loissmit@nova.edu Cc: everlene_7460@bellsouth.net; victord362@yahoo.com; djack81154@bellsouth.net; gertsull@aol.com Subject: RE: Business Class Hello, thank you for reaching out to me, While you might be preaching to the choir, I am a Delray Beach resident and no longer in a position of power in the city of Boynton Beach. While l am close to many residents and think they are good people, I am unable to make a blind request on your behalf. I am not sure what you mean by use of the building for "community action". It is my expresed opinion that once the logistics of the property is worked out you should work within the frame work of the property use and the powers that be to gain access. Based on what was said at the meeting. I believed that the intended use is as a Business incubator which would be a potentail home for small businesses. I believe it is premature at this point because the details of the use of the property and who might have access is still yet to be worked out.. I congratulate you and the team for your villigance in attempting to make sure the public good is served. I ecourage and applaud your commitment. However, at this time my scope does not go beyond the training portion of this ecconomic development plan for small business creation. I will forward this list of individuals to Jennifer, Director of the FLWBC. However, please keep in mind that all candidates must be registered in -order to be selected. We are not and cannot give preferential treatment to anyone which could be viewed as inappropriate and possibly jepordize the program... I look forward to seeing you in class and to creation of a profitable and sustainable business. Magic happens when we believe. Respectfully, Annette Gray L� 1VL1 •'F� I�� fi a..y www.rainbowmarketinginc.net info@rainbowmarketinginc.net 12/14/2009