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Agenda 02-09-10 CRA Board Meeting Tuesday, February 9, 2010 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 REVISED I. Call to Order - Vice Chairman Woodro\\' Hay II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda 1. Board Attorney Request for Closed Door Session to Discuss Litigation (see XI, F, G below) B. Adoption of Agenda V. Announcements & Awards: A. Ocean A venue Concert B. Movies on the Ave. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting January 12, 2010 B. Approval of Period Ended January 31, 2010 Financial Report C. Monthly Procurement Purchase Orders D. Approval of Community Meeting Grant to Inlet Cove Association, Inc. (INCA) E. Approval of Community Meeting Grant to Los Mangos Property Owners' Association F. Approval of Contribution to 'fhe Greater Boynton Beach Sister Cities Committee, Inc. for their 7th Annual Young Anists Showcase in the Amount of $1 ,500 VII. Pulled Consent Agenda Items: VIII. Information Only: A. CRA Policing Activity Report for the Month of January 2010 and District Statistics for the Months of December 2009 and January 2010 B. Public Comment Log Monthly Update C. CRA Media D. Habitat for Humanity of South Palm Beach County Thank You Letter for $500 Donation to Collegiate Challenge 2010 IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Old Business: A. Consideration of Supporting Ongoing Maintenance of Landscape for SE 4th Street B. Discussion and Direction on Roberts Purchase XI. New Business: A. Consideration of Funding The Florida Fishing Academy for Children Between the Ages of 8-12 Living Within the CRA District B. Consideration of Entering into Agreement with Deborah and Leonard Marucci to Design Public Art for the Seacrest Streetscape Project in the Amount of $6,500 C. Consideration of Entering into a Direct Incentive Funding Agreement with Wal- Mart Stores South, LLC D. Consideration of Application to HUD for Funding in the Amount of $294,000 to be used for Repairs to the Schoolhouse Children's Museum. CLOSE OF COMMUNITY REDEVELOPMENT AGENCY MEETING CONVENING OF THE CITY COMMISSION I. Consideration of a Resolution Recommending that Wal-Mart Stores East, LP Store No. 5911 be Approved as an Eligible Business under the State of Florida Brownfield Statutes and Contribution of Local Financial Support II. Consideration of Entering into an ILA with the CRA Regarding the Brownfield Eligible Business Financial Contribution III. Consideration of Request by Lake Worth Christian School to Hold a Fundraising Carnival on School Property in a Non-conforming Zoning District CLOSE OF CITY COMMISSION MEETING RECONVENING OF THE COMMUNITY REDEVELOPMENT AGENCY E. Consideration of Entering into an ILA with the City Regarding the Brownfield Eligible Business Financial Contribution F. CLOSED ATTORNEY/CLIENT SESSION - Pursuant to Section 286.011 (8), Florida Statutes in the Case of Boynton Beach Community Redevelopment Agency v. Delray-Boynton Academy, Inc., Robert Winder and Bank Atlantic, Case No. 502009CAOO 1119XXXXMB G. Discussion of Action Regarding the Case of Boynton Beach Community Redevelopment Agency v. Delray-Boynton Academy, Inc., Robert Winder and Bank Atlantic, Case No. 502009CAOO 1 119XXXXMB XII. Future Agenda Items XIII. Comments by Executive Director XIV. Comments by Staff 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 CONsrDERED AT TH1S MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDfNGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBA TIM 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 REASONABL Y ACCOMMODATE YOUR REQUEST. CRA Board Meeting Tuesday, February 9, 2010 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 REVISED I. Call to Order - Vice Chairman Woodrow Hay II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda 1. Board Attorney Request for Closed Door Session to Discuss Litigation (see XI, F, G below) B. Adoption of Agenda V. Announcements & Awards: A. Ocean Avenue Concert B. Movies on the Ave. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting January 12,2010 B. Approval of Period Ended January 31, 2010 Financial Report C. Monthly Procurement Purchase Orders D. Approval of Community Meeting Grant to Inlet Cove Association, Inc. (INCA) E. Approval of Community Meeting Grant to Los Mangos Property Owners' Association F. Approval of Contribution to The Greater Boynton Beach Sister Cities Committee, Inc. for their 7th Annual Young Artists Showcase in the Amount of$L500 VII. Pulled Consent Agenda Items: VIII. Information Only: A. CRA Policing Activity Report for the Month of January 2010 and District Statistics for the Months of December 2009 and January 2010 B. Public Comment Log Monthly Update C. CRA Media D. Habitat for Humanity of South Palm Beach County Thank You Letter for $500 Donation to Collegiate Challenge 2010 IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Old Business: A. Consideration of Supporting Ongoing Maintenance of Landscape for SE 4th Street B. Discussion and Direction on Roberts Purchase XI. New Business: A. Consideration of Funding The Florida Fishing Academy for Children Between the Ages of 8-12 Living Within the CRA District B. Consideration of Entering into Agreement with Deborah and Leonard Marucci to Design Public Art for the Seacrest Streetscape Project in the Amount of $6,500 C. Consideration of Entering into a Direct Incentive Funding Agreement with Wal- Mart Stores South, LLC D. Consideration of Application to HUD for Funding in the Amount of $294,000 to be used for Repairs to the Schoolhouse Children's Museum. CLOSE OF COMMUNITY REDEVELOPMENT AGENCY MEETING CONVENING OF THE CITY COMMISSION I. Consideration of a Resolution Recommending that Wal-Mart Stores East, LP Store No. 5911 be Approved as an Eligible Business under the State of Florida Brownfield Statutes and Contribution of Local Financial Support II. Consideration of Entering into an ILA with the CRA Regarding the Brownfield Eligible Business Financial Contribution III. Consideration of Request by Lake Worth Christian School to Hold a Fundraising Carnival on School Property in a Non-conforming Zoning District CLOSE OF CITY COMMISSION MEETING RECONVENING OF THE COMMUNITY REDEVELOPMENT AGENCY E. Consideration of Entering into an ILA with the City Regarding the Brownfield Eligible Business Financial Contribution F. CLOSED ATTORNEY/CLIENT SESSION - Pursuant to Section 286.011(8), Florida Statutes in the Case of Boynton Beach Community Redevelopment Agency v. Delray-Boynton Academy, Inc., Robert Winder and Bank Atlantic, Case No. 502009CAOOll19XXXXMB G. Discussion of Action Regarding the Case of Boynton Beach Community Redevelopment Agency v. Delray-Boynton Academy, Inc., Robert Winder and Bank Atlantic, Case No. 502009CAOOl 1 19XXXXMB XII. Future Agenda Items XIII. Comments by Executive Director XIV. Comments by Staff 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 REASONABL Y ACCOMMODATE YOUR REQUEST. CRA Board Meeting Tuesday, February 9, 2010 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order - Chairman Jerry Taylor II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda 1. Board Attorney Request for Closed Door Session to Discuss Litigation (see XI, F, G below) B. Adoption of Agenda V. Announcements & Awards: A. Ocean Avenue Concert B. Movies on the Ave. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting January 12,2010 B. Approval of Period Ended January 31,2010 Financial Report C. Monthly Procurement Purchase Orders D. Approval of Community Meeting Grant to Inlet Cove Association, Inc. (INCA) E. Approval of Community Meeting Grant to Los Mangos Property Owners' Association VII. Pulled Consent Agenda Items: VIII. Information Only: A. CRA Policing Activity Report for the Month of January 2010 and District Statistics for the Months of December 2009 and January 2010 B. Public Comment Log Monthly Update C. CRA Media D. Habitat for Humanity of South Palm Beach County Thank You Letter for $500 Donation to Collegiate Challenge 2010 IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Old Business: A. Consideration of Supporting Ongoing Maintenance of Landscape for SE 4th Street B. Discussion and Direction on Roberts Purchase XI. New Business: A. Consideration of Funding The Florida Fishing Academy for Children Between the Ages of 8-12 Living Within the CRA District B. Consideration of Entering into Agreement with Deborah and Leonard Marucci to Design Public Art for the Seacrest Streetscape Project in the Amount of $6,500 C. Consideration of Entering into a Direct Incentive Funding Agreement with Wal- Mart Stores South, LLC D. Consideration of Application to HUD for Funding in the Amount of $294,000 to be used for Repairs to the Schoolhouse Children's Museum. CLOSE OF COMMUNITY REDEVELOPMENT AGENCY MEETING CONVENING OF THE CITY COMMISSION I. Consideration of a Resolution Recommending that Wal-Mart Stores East, LP Store No. 5911 be Approved as an Eligible Business under the State of Florida Brownfield Statutes and Contribution of Local Financial Support II. Consideration of Entering into an ILA with the CRA Regarding the Brownfield Eligible Business Financial Contribution III. Consideration of Request by Lake Worth Christian School to Hold a Fundraising Carnival on School Property in a Non-conforming Zoning District CLOSE OF CITY COMMISSION MEETING RECONVENING OF THE COMMUNITY REDEVELOPMENT AGENCY E. Consideration of Entering into an ILA with the City Regarding the Brownfield Eligible Business Financial Contribution F. CLOSED ATTORNEY/CLIENT SESSION - Pursuant to Section 286.011(8), Florida Statutes in the Case of Boynton Beach Community Redevelopment Agency v. Delray-Boynton Academy, Inc., Robert Winder and Bank Atlantic, Case No. 502009CAOOll19XXXXMB G. Discussion of Action Regarding the Case of Boynton Beach Community Redevelopment Agency v. Delray-Boynton Academy, Inc., Robert Winder and Bank Atlantic, Case No. 502009CAOO 1119XXXXMB XII. Future Agenda Items XIII. Comments by Executive Director XIV. Comments by Staff 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 MATIER 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. 286.01 05) 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. ~ Vr ."""\ ~~~~Y~T2~CRA 111 East Side-West Side- Seaside Renaissance eRA BOARD MEETING OF: February 9, 2010 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Ocean Avenue Concert- Friday, February 19,2010. SUMMARY: . On Friday, February 19,2010, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post and Rick Lococo will present an Ocean Avenue Concert, . Wildfire Band will be performing with a mix of Calypso, Island and Reggae Music. . 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 &it: Kathy Biscui . Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\02-09-10 Meeting\Feb 2010 Ocean Ave Concert. doc i ~RY~8r:RA ~\ East Side-West Side-Seaside Renaissance . The Palin Beach Post PtI nils' r rl, \ . 'r FrIday January 15,2010 6:00 - 9:00 PM Bulldog Rock 0- RoD Band ~5RY~2r:RA ~ East Side-West Side-Seaside Rena.,ssance . The Pahn Beach Post \ PalmBeachPost.com ~<tY!A!T2~,C RA , East Side-West S'lde-Seas'lde Rena'lssance eRA BOARD MEETING OF: February 9, 2010 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Movies on the Ave. - Friday, March 5, 2010. SUMMARY: . On Friday, March 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 featured film will be presented on a 16 X 9 ft. screen. . 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 A venue 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 df!!~ k(!~ KathY~ Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2009 - 2010 Board Meetings\02- 09-10 Meeting\March 2010 Movies on the Ave..doc ~~ RY~T2OC R/~ East Side-West Side-Seaside Renaissance The Pahn Beach Post PalmBeachPost com m OVI~S 0 N T.ui .nV~. Friday May 7, 2010 7:00-9:00 PM Friday June 4, 2010 7:00-9:00 PM r,~--;::~,::::,.r~~'~~~ , . ()ceanAvenueArn~IlIth.tie ,'" '". b i'"' ' 2"-'" ,,~'~ff. ',,;~.,:,'- :'" ';.;- ,;'; r~ ~~.:-~;..: 'It..:l~'':'''t:t.,.~ ,~-~.r~'V';,o'~;,. ',io, C'. , ';i;j-~... ~~.'t:, , _: -4' :~,;; r , ,;.~ i.Oi On East Ocean Ave., betweertSeacrest Blvd; ahd NE1 st St. if; .. " - _. - " - &''''..;~' ,~ .,' .... .' ':-' '-,' . ~..: " ';_ .. iAmple free parking availabl,e,on site., " ,~~. ;ro,. "':,...,.,;\>: .', >i.~ "i.M _ '~;i;~: :,,~; ,;;,. )~;).~ 'e~,':~', ~ ~~".l. ~~~ ~t:" '.~: t" ~. Bring your foldihgchairs'or blankefs! No pets. .. . ", ....& Food, Movie Th~a!re. Sn~cks &. Drinks avaiiable for ptifcha.se, , :" ~;~ ">~:'~~;' ~. '~'. . , i :~' . (10, :"1' if ~J;~. t ~ .~"-': ,_,. ,,'"' '.~ :' ,;! .u: i Forlnfo~adon"call:561-:742~~46ii()tf.{$ff:~l~~ii :' '; ~,-,<~ .A" ;;""',.:, ~~~~,.",~~~:~~.i~.~;;':~~,"' ,''';'''''" . ~ ..~. <;I. f!:'~ ~t' ",,;:; :r "ll,i<\' ~ ~ J.:~ ~ ~ I!! 'i"t __ r!(RY~T2~RA r, ". East Side-West Side-Seaside Renaissance The PalIn Beach Post PalmBeachP~rt.com MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD TUESDAY, JANUARY 12, 2010, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Woodrow Hay, Vice Chair Jose Rodriguez (arrived 6:34 p.m.) Marlene Ross Ron Weiland Lisa Bright, Executive Director Jim Cherof, Board Attorney I. Call to Order - Chairman Jerry Taylor Chair Taylor called the meeting to order at 6:32 p.m. II. Pledge to the Flag and Invocation Vice Chair Hay gave the invocation, which was followed by the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Vice Chair Hay requested having a discussion regarding the MLK Banquet. The item would be heard under Information Items, E. Motion Mr. Weiland moved to table New Business Item B, having to do with the Community Caring Center. Mr. Weiland explained there were items to be worked out and he wanted the opportunity to meet with staff. Mr. Rodriguez seconded the motion that unanimously passed. B. Adoption of Agenda 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 12, 2010 Motion Vice Chair Hay moved to approve the agenda as amended. Ms. Ross seconded the motion that unanimously passed. V. Announcements & Awards: A. Ocean Avenue Concerts Ms. Biscuiti, Special Events Director, announced the Oceanfront Concerts were moved to Ocean Avenue and renamed the Ocean Avenue Concert Series. The first ('.cncert was Friday, January 15 and would feature "Bulldog Rock N Roll" band. There was ample parking available, and there would be food and drink vendors on site. It was noted some streets would be barricaded, thereby blocking vehicular access. The Clydesdale Horses were also scheduled to be in Boynton Beach on Friday, January 22, from 3:00 p.m. to 7:00 p.m. The event was sponsored by the Bananfl Boat restaurant and would feature a parade down Ocean Avenue, up to the ChHdren's Schoolhouse Museum. There would be photo opportunities at the museum. As the procession left the restaurant, the road would be blocked. The event was strictly the restaurant owner's endeavor; however, the restaurant owner desired to share it with the City. Meetings were held with several parties, including the City, who were supportive of the event. The event was a great family activity and would create positive press coverage. There were questions regarding the Ocean Avenue Concert sponsors, Rick Lococoa and the Palm Beach Post. It was explained Mr. Lococoa was the developer of Gulfstream Gardens. Currently, he had no ongoing projects in Boynton Beach and it was he that approached staff about sponsoring the event. B. Movies on the Avenue The first Movies on the Avenue would be held on the first Friday of the month, commencing in February and ending in June. Staff was able to obtain a large inflatable screen, and attendees should bring blankets and folding chairs. Food anq drink vendors would be on site. The parking had the same arrangements as the Ocean Avenue Concerts. The first film to be aired would be "Hairspray", and the series was intended to follow in the footsteps and have the same style as "Mama Mia." VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting December 8, 2009 Vice Chair Hay pulled this item. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Fl January 12, 2010 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 Vice Chair Hay pulled this item. 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) Mr. Rodriguez pulled this item. G. Approval of Table at Chamber of Commerce Annual Dinner Dance H. Approval of Commercial Fa~de Grant for South Florida Mastercraft I. Approval of Commercial Fac;ade Grant for Smithcase, LLC Motion Ms. Ross moved to approve the agenda as amended. Mr. Weiland seconded the motion that unanimously passed. VII. Pulled Consent Agenda 'tems: A. Approval of Minutes - CRA Board Meeting December 8. 2009 Vice Chair Hay noted the minutes referenced the Toys for Tots program. He inquired how the program fared. Ms. Biscuiti responded the effort was successful, and they received four times as many toys 8S they did last year. She anticipated the program would continue to expand successfully in future years. Additionally the Marines, who were available in ttleir Sea Tow boats during the Boat parade. collected bags and bags of toys from the parade participants. Vice Chair Hay wished to clarify on page 7. regarding the brownfields, that the City Commission and Community Redevelopment Agency Board were working from the same map. There appeared to be some confusion about the map at one time. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 12, 2010 One correction was noted on page 11 also pertaining to the brownfields. The tank in question was 8' by 4' as opposed to 8" by 4". Motion Vice Chair Hay moved to approve the minutes as amended. Ms. Ross seconded the motion that unanimously passed. D. Approval of lLA to Reimburse City for Engineering and Design Expenses Related to Seacrest Streetscape Project Vice Chair Hay inquired about the timeframe for the project and what the u-turn design would look like. Ms. Brooks responded the design had been approved, and there were two u-turn bays on some of their lands. There were medians and only two u-turn bays because of the medians. There were u-turn bays located on the east and west side of their property which was located on 6th. When there was a turning area on a median, a certain amount of turning radius is required. The Federal and County agencies approved the design and formally approved the funding. The project was ready for bid. The Community Redevelopment Agency was paying for the design, but since the Florida Department of Transportation does not recognize the agency as a local provider, the City designed the project since they were recently certified to do so. The request was a formality to move the 'funds across agencies. Given the public right-of-way constraints, the design was the best they could develop without narrowing the road. Decorative lighting, landscaping and medians, public art and an area for pedestrians to stand were planned. Ms. Brooks agreed to show the conceptual design to Vice Chair Hay. It was noted later in the meeting that the timeframe for the project to be completed was in the spring of 2011. The original target date for construction was March 2010. Motion Vice Chair Hay moved to approve. Mr. Weiland seconded the motion that unanimously passed. F. Approval of Sponsoring the Palm Beach County Business Develdpment Board's 2010 Familiarization Program (FAM) Mr. Rodriguez inquired about the event and explained last year they supported .the event, which included a tour. He was not aware of the tour being offered this year. Ms. Bright explained the event did include the tour which provided an opportunity to attract business and development to Boynton Beach and throughout the County. Members of the Board expressed the program was a good opportunity to bring exposure to the City. Ms. Bright discussed the matter with the City Manager, who had a concern the event may fall on Palm Beach County Days. 4 Meeting Minutes Community Redevelopment Agency Boynton Ba.ch, FL Janu.ry 12, 2010 The Mayors from the various cities also attended and advised potential developers of the opportunities that exist within their municipalities. The developers come from all over the United States. After further discussion of the activities associated with the event, it was emphasized the tour was always included. Motion Mr. Rodriguez moved to approve. Vice Chair Hay seconded the motion that unanimously passed. 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 D. MLK Banquet Vice Chair Hay explained it was his understanding the City Manager would discuss this event with Ms. Bright and sponsor a table at the banquet. Ms. Bright responded the flyer was emailed to the Administrative Services Manager and historically they always supported the banquet. She advised, typically, she always brought forward items that they sponsored or shared in the cost. Since they did not receive the invitation from the MLK Committee, she assumed the City would pick up the table for the Commissioners since they received the invitation. It was thought the City already paid for the event. IX. Public Comments: (Note: comments are limited to 3 minutes In duration) Chair Taylor opened the floor for public comments. Herb Suss, 1711 Woodfern Drive, referenced a newspaper article regarding global warming. He urged the City Commission and the Community Redevelopment Agency to educate the public on the occurrence, and the Board and City Commission lead the way in the effort. Chair Taylor expressed his opinions differed from Mr. Suss' opinion. Chair Taylor closed the public comments. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 12, 2010 X. Old Business: A. Consideration of Issuing an RFP for 8 Lots in MLK Corridor Ms. Brooks reviewed the Heart of Boynton plan was adopted in 2001. There had been other plans by the private development community for the area and there were some misunderstandings about what the plan called for. Ms. Brooks explained the plan evolved from community involvement. A PowerPoint presentation was viewed, which entailed the community's likes and dislikes. It was noted several issues raised by the community had already been addressed. Ms. Bright explained they sent a letter to Joe Zalman, Executive Director for Palm Beach County Housing Authority regarding staff's ongoing desire to obtain the Cherry Hill properties. The Housing Authority Executive Board hired an independent consultant from Nebraska. who surveyed various stakeholders in Palm Beach County with the goal being to address what the problems were with the Authority. Ms. Bright did not anticipate any response from the survey, but wanted the public to know they were communicating with the Authority and trying to move forward with a plan. There were 26 vacant parcels. Staff was successful in having homes demolished there, but the properties remained a nuisance. She also emphasized their goal is to have the property developed either by staff or by assisting a private developer. The Board approved funding for the master plan for Sara Sims Park and just ordered the survey. They were working with REG to develop it. A proposed zoning map was shown. There had been much discussion on what to have on MLK. The east and west area of MLK was proposed as commercial development. The area was not very large. The other areas along MLK were low density residential. Ms. Brooks believed some of the direction they were going in regarding its development was driven by an overactive market. The conceptual plan had a small node of commercial and she commented neighborhood services and small businesses were needed. She anticipated in a good economy, the maximum amount of com~ercial space the area co~k:I hold would be 20,000 to a maximum of 50,000 square feet. There has been repeated outcry from the Community Committee for the Community Redevelopment Agency to build on its land. Staff was still trying to put land together on the north side of MLK for a grocery store and other retail. She noted they needed three more lots. On the south side of MLK they were under contract for a parcel, and the Community Redevelopment Agency owned the church to the south. REG was under contract and was conducting a feasibility analysis for a business incubator for the Roberts site and the church site and it was believed a two-story building that would meet the parking requirements could house small businesses anYwhere from 5.',000 to 12,000 square feet per business. This is consistent with the adopted plan. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 12, 2010 The HOB plan had never been amended or updated. and in the current economy. the plan was sensible. Ms. Brooks explained the Community Redevelopment Agency does not own all of the land in the area; rather, most of it was owned by the City or was privately held. Of;,the eight lots proposed for the RFP, St. John Missionary Baptist Church approached them to build a day care center on lots 3, 4 and 5, which the Board could consider. Lot 8 could accommodate a single-family home and on 9th StreE!t, they could build duplex or triplex dwellings. She noted there has been 8 lot of housing lost in the Heart of Boynton due to the demolition of Boynton Terrace and Cherry Hill. Ms. Brooks advised the Board does not have to issue an RFP, but wanted to bring the proposal forward since it was in response to discussions with" the community and committee. There was much discussion about partnering with the City to issue one RFP and have the area developed at one time. Mr. Rodriguez proposed to table the item and work with the City Commission and City Manager to see if they could create a greater impact by developing the.whole strip with one RFP. The zoning was residential. which was a challenge in selling the property to a developer. Commercial lots were easier to RFP. They could construct multi-family housing if that was the intent. Most developers do not want to go through the process to change the zoning. Quintus Greene, Development Director, indicated there was a large parcel to the north they secured from the County, which had a restriction for public use. The only W~y they could redevelop the parcel was to swap the parcel with a parcel of the same size to satisfy the public use restriction. The City was trying to assemble developable parcels, which is a minimum of three to five acres. They were working with the Community Redevelopment Agency to this end. It was noted some property owners did not want to sell and other individuals purchased property speculating the City or Community Redevelopment Agency would buy them out. Mr. Greene opined if an RFP could be properly structured, the City might be receptive to the suggestion. ' Ms. Brooks cautioned the Board, as it pertained to when large development tracks are offered for housing, that the funding for multi-family housing in a neighborhood with ~his type of Income no longer exists. The Florida Housing Trust Funds were depleted in order to balance the State budget. For smaller type duplex developments there were some funds. There were no SHIP or low Income Housing Tax Credit funds available. Ms. Bright commented that in light of the fact there were individuals interested in the Roberts parcel for incubator space and a proposal from St. John Missionary Baptist Church for an educational component of the church, that staff did not want to spend a lot of money considering proposals or renovating the building if the Board andlor City Commission would make some other type of decision. . 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 12, 2010 Motion Mr. Rodriguez moved to table the item and the Community Redevelopment Agency staff engaged in discussion with the City Staff in proposing potentially a combination RFP for all the lots that are available. Ms. Ross seconded the motion that unanimously passed. The correspondence received by Ms. Bright would be shared with City staff. B. Consideration of Lien Release for Village Homemade Ice Cream Ms. Brooks explained originally they received a request from the grant recipient to waive the lien; however, there was now a lis pendens on the property. If the lien were waived, they could sell the property. It was noted there was no potential buyer. The Community Redevelopment Agency was responsible to the County for $50,000. The request was similar to the foreclosure for the Delray Boynton Academy who received $50,000 from the Community Redevelopment Agency and $50,000 from the County. The county program was no longer in existence. If the Board waived the lien, the owner could give the property away through a deed in lieu of foreclosure. In two or three years, the market could turn around and the Board could recapture some of the monies. In the meanwhile, should they find a buyer, they could approach staff of such and perhaps something could be negotiated. Palm Beach County subordinated to the Community Redevelopment Agency so staff was in charge of the entire $1'00,000 amount. The property did not appraise for the value of the mortgage. It was noted this was the only grant they had of this nature. Motion Mr. Rodriguez moved to deny the release of the lien. Ms. Ross seconded the motion that unanimously passed. C. Consideration of Amendment to HAP Program Mr. Simon explained the item was in response to a Board request to review options to revise the program further and protect the HAP funds. He reported since 2006, the Board assisted over 30 homebuyers and there were only two foreclosures over the last three years. Four options were received as follows: ./ Revise the. maximum grant award for all income categories as noted in the agenda item; ./ Revise the maximum percentage of public subsidy funding for all income categories; 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 12. 2010 ../ Revise the project housing costs including mortgage, interest, taxes and insurance not to exceed 30% of an applicant's monthly income. Maximum total debt shall not exceed 40% of the applicants monthly income; and ../ Require the.applicant to provide 3% of the down payment costs. The members were in favor of protecting the Board's investments. There was a concern raised about closing the gap to assist applicants to become eligible to obtain a home they cannot afford to maintain. Mr. Simon responded the concerns to maintain the homes after they obtained it were the same across the Board for all categories, but the affordability of the home was geared towards the mortgage payment. There was brief discussion about if the applicant refinanced more than the original mortgage and grant amount. In those instances the grant is recouped. Chair Taylor passed the gavel. Motion Chair Taylor moved to approve the four suggestions made to tweak the HAP program as currently written. Ms. Ross seconded the motion. Vice Chair Hay explained the program was an excellent program. He pointed out the very-low income category individuals do not have the trouble; rather it was the low and moderate-income individuals that experienced the problems. Vote The motion unanimously passed. D. Review of Project and Contract Status and Option to Cancel Agreement with American Realty regarding Ocean Breeze. Ms. Brooks explained the contract with the developer was no longer in effect and this item was also a housekeeping item. The cost to the developer to develop the properties was no longer economically feasible in the current economy. There had been discussions with the developer about the property but a formal notice should be sent. The Community Redevelopment Agency was now in a position of having two four-acre parcels in the eastern portion of the City. When the economy improved, there wf?uld be interest in the site. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 12, 2010 Motion Mr. Rodriguez moved to approve executing the agreement, which cancels the contract. Vice Chair Hay seconded the motion that unanimously passed. It was noted there had been previous discussion about modifying the program and the City Attorney would review the language to determine if the contract could be reWorded. Attorney Cherof responded the program could be modified. but no language had been prepared. There was also discussion how other Community Redevelopment Agencies handled foreclosures. Ms. Bright had just received literature regarding the best practices of other Community Redevelopment Agencies in this regard specifically on foreclosures and she agreed to make copies for the members. 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 This item was in response to a request to assist small businesses and to fill vacancies in new buildings that are mixed use. Staff conducted a best practice analysis and the item was the result of that research. The program would work in concert with their current Commercial Faoade and Google Map Programs. which are marketing tools for local businesses. This program would offer assistance to new or expanding businesses in the district.. To be eligible. the business must create two full time jobs and provide proof of financial feasibility of the business by submitting their business plan along with their five-year projections. The business had to enter into a multi-year lease. The program was limited to 12 months and payments are made directly to the landlord. Staff set aside a pool of $50,000 for all three of the programs and whichever program needed the funding the most would draw the most from the pool. Expansion was defined in terms of square footage and not headcount. There was discussion that business expansion would be unlikely in the current economic climate and would be risky. Ms. Brooks commented the program would help ameliorate that risk. Often. if a business expands, they expand in the same business district. Sometimes a business moves to another building ana could get a better deal. It was suggested the Board consider removing that language. It was noted the City does not have a b4siness retention program. 10 Meeting Minutes Community Redevelopment Agency '!:ynton Beach, FL January 12. 2010 Dialogue ensued about sustaining existing business, and in the current economy, many individuals would not consider opening a business. It was important the Board act as a catalyst to spur business development and occupy vacant business space. Staff had researched the issues. Ms. Bright suggested reviewing the programs and then directing staff to conduct the analysis because there was no business retention program and they could speak with the City about it. It was thought if the City could not have a business retention program, that the Board makes a decision. Moving forward with the three options and having staff come back with retention ideas was suggested. A new business venture was defined as a company in existence for less than six months. An existing business was in operation for more than three years at the time of application. It was noted businesses in existence for two years would not qualify for the program. Ms. Brooks confirmed that was correct; but the Board could change the provision. She explained it was uncommon for businesses to expand within two years. The program was modeled after the Delray Beach program, which was in existence since 1997. She reported the program was their most popular program. Motion Mr. Weiland moved to approve items 1, 2 and 3. Vice Chair Hay seconded the motion. Mr. Rodriguez spoke about the Business Signage Improvement Grant Program. He acknowledged the program was a business program, but indica~ed he had previously brought up signage for homeowners' associations would qualify as they are non-profit associations. He inquired why they were not included. He contended homeowners have signage which also needed assistance, and including them would lend Itself to improvement along the corridors and main streets in the Co~munity Redevelopment Agency District. Discussion ensued that the amount of money it would take to improve a sign for a homeowners' association would be divided by the number of homeowners. Thertit were lower income communities that had an association by title, but there were no dues because the homeowners did not have the money to pay the dues. There was also dialogue regarding they were only addressing homeowners in the Community Redevelopment Agency district. Mr. Rodriguez disagreed and explained the Community Redevelopment Agency District residents pay for the Community Redevelopment Agency staff. The Small Business Development Program was not going outside the District because it was being funded with TIF funding. Chair Taylor polled the members. None of the members were in favor of the request with the exception of Mr. Rodriguez. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 12, 2010 Vote A vote was taken and the motion passed B. Consideration of Proposal from Community Caring Center to Provide Funding of $35,000 - $50,000 This item was tabled. XII. Future Agenda Items XIII. Comments by Staff Ms. Brooks explained the City was applying for grants for trees for SE 4th Street. The Community Redevelopment Agency was spending $950,000 for underground utilities on the street. Originally, the monies were allocated for landscaping and for improvements and lighting. The City asked the Community Redevelopment Agency how if they obtained the grant, how they would maintain the trees and if the Board would support paying for the maintenance of the trees. The estimate was $800 per month. Ms. Bright explained they would advise the City to apply for the grant if the Board agreed to the maintenance; however, Ms. Bright felt a policy decision should be made. After further discussion, there was agreement this item would be brought back to the Board. XIV. Comments by Executive Director Ms. Bright explained the March meeting fell on Election Day. The Commission Ctlamber was available March 15th, 29th, 30th and 31st. After discussion, the Board agreed to meet on March 15th. Ms. Bright would send Mr. Rodriguez an email to determine if he was available for the meeting. The Small Business Development Workshop was being held concurrent to the meeting at the Carolyn Sims Center. The next class was scheduled for the next night as well. Ms. Bright announced she would keep the Board apprised of its progress. Additionally, at the October Community Committee meeting, there was a request for two types of workshops: the first being for a Commercial Real Estate Worksh6p to explain retail to the community, and a Housing Workshop. A workshop was. scheduled for Tuesday, February 2,2010. If a quorum were unavailable, they would not hold the workshop. In either event, staff was responding to the needs of the committee. For the benefit of the Board, Ms. Bright explained she was contacted by the proprietor of Frankies, who indicated he put up 8 sign and was fined without receiving notice from Code Compliance. She advised she would be speaking with Scott Blasie. Code Compliance Administrator about the matter. It appeared the issue was the sign was erected on property he did not own. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 12, 2010 XV. Comments by CRA Board Attorney None XVI. Comments by CRA Board Chair Taylor thanked his wife, who was in attendance. He announced today was their 53rd wedding anniversary. Because they had a meeting, they celebrated their anniversary one day in advance. He announced he would not be present for ttie next meeting as he would be on vacation. XVII. Adjournment There being no further business to discuss, the meeting property adjourned at 8:11 p.m. {!{l;Jiw;iL (I j ,1 j I L, Catherine Cherry '-"I'-'U'V"a Recording Secretary 011310 13 ~~~qY~T8~ C . East Side-West SIde-SeasIde RenaIssance eRA BOARD MEETING OF: February9,2010 I x I Consent Agenda I Old Business I I New Business Public Hearing Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the eRA Board representing the revenues and expenses for the month ending January 31,2010. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve January financia1s. ~~ Susan Harris Finance Director T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\02-09-10 Meeting\Financial Report.doc 2-02-2010 09:55 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2010 1 - GENERAL FUND INANCIAL SUMMARY ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING :.EVENUE SUMMARY T . 1. F . INCOME MARINA RENT & GRANT INC INVESTMENT INCOME MISCELLANEOUS 6,818,294 6,818,294 0.00 6,960,904.00 0.00 142,610.00) 2.09- 926,700 926,700 29,659.75 251,969.32 0.00 674,730.68 72 .81 0 0 0.00 1,262.07 0.00 1,262.07) 0.00 0 0 0.00 3.90 0.00 3.90) 0.00 7,744,994 7,744,994 29,659.75 7,214,139.29 0.00 530,854.71 6.85 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- TOTAL REVENUES EXPENDITURE SUMMARY LEGISLATIVE 49,750 49,750 3,154.28 4,817.13 0.00 44,932.87 90.32 ADMINISTRATIVE 209,725 209,725 2,099.00 33,899.60 0.00 175,825.40 83.84 FINANCE 148,270 148,270 207.19 19,328.81 480.00 128,461.19 86.64 INSURANCES 101,750 101,750 936.27 58,661. 99 0.00 43,088.01 42.35 PROFESSIONAL SERVICES 376,000 376,000 602.60 30,338.09) 81,765.00 324,573.09 86.32 PLANNING 208,600 208,600 2,065.18 33,453.68 0.00 175,146.32 83.96 BUILDINGS & PROPERTY 470,190 470,190 19,262.86 88,566.76 23,100.00 358,523.24 76.25 MARINA 926,700 926,700 82,889.38 287,942.69 0.00 638,757.31 68.93 COMMUNICATIONS & TECHNOLO 57,860 57,860 1,335.47 10,976.08 0.00 46,883.92 81. 03 CONTINGENCY 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 MARKETING 140,702 140,702 4,780.08 23,677.42 5,770.00 111,254.58 79.07 SPECIAL EVENTS 95,052 95,052 277.63 14,156.46 1,239.92 79,655.62 83.80 EMPLOYEE BEBEFITS 228,824 228,824 19,529.74 75,539.61 0.00 153,284.39 66.99 DEBT SERVICE 3,119,526 3,119,526 3,119,526.00 3,119,526.00 0.00 0.00 0.00 TRANSFER OUT ~~12,045 ..:l, 512,045 378,011.25 378,011.2~ 0.00 1,134,033.75 75.00 ---~ TOTAL EXPENDITURES 7,744,994 7,744,994 3,634,676.93 4,118,219.39 112,354.92 3,514,419.69 45.38 -~_._-------- ------------ ------------- ------------- ------------- ------------- ------- -----~------ -----------~ ------------- -..------------ ------- ---- ------------- REVENUES OVER/(UNDER) EXPENDITURES 0 0 ( 3,G05,017.181 3,095,919.90 112,354.92) ( 2,983,564.98) 0.00 -1- 2-02-2010 r AM BOYNTON BEACH '\. REVENUE & EXPENDITURES RE (UNAUDITED) AS OF: JANUARY 315'!', 2010 01 -GENERAL FUND REVENUES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING T.I.F.INCOME 01-41000 T.1.F. COLLECTIONS 6,818,294 6,818,294.0 0.00 6,960,904.00 0.00 142,610.00) 2.09- TOTAL T.I.F.INCOME 6,818,294 6,818,294 0.00 6,960,904.00 0.00 142,610.00) 2.09- MARINA RENT & GRANT INC 01-42115 MARINA RENTS 86,400 86,400.0 0.00 7,231.59 0.00 79,168.41 91. 63 01-42116 MISCELLANEOUS RENTS FRO PROPE 0 0.0 0.00 2,425.82 0.00 2,425.82) 0.00 01-42117 MARINA FUEL SALES 840,000 840,000.0 29,659.75 242,311.91 0.00 597,688.09 71.15 01-42118 MARINA MISC INCOME 300 300.0 0.00 0.00 0.00 300.00 100.00 TOTAL MARINA RENT & GRANT INC 926,700 926,700 29,659.75 251,969.32 0.00 674,730.68 72.81 MARKETING INCOME FESTIVALS & EVENT INCOME INVESTMENT INCOME 01-46100 INTEREST INCOME 0 0.0 0.00 1,262.07 0.00 1,262.07) 0.00 TOTAL INVESTMENT INCOME 0 0 0.00 1,262.07 0.00 1,262.07) 0.00 CONTRIBUTIONS & DONATION MISCELLANEOUS 01-48100 MISCELLANEOUS INCOME 0 0.0 0.00 3.90 0.00 3.90) 0.00 TOTAL MISCELLANEOUS 0 0 0.00 3.90 0.00 3.90) 0.00 OTHER FINANCING SOURCES TOTAL REVENUES 7,744,994 7,744,994 29,659.75 7,214,139.29 0.00 530,854.71 6.85 ------------ ------------ ------------- ============= ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------- -2- 2-02-2010 09:55 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2010 1 -GENERAL FUND EGISLATIVE EPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING 'URCHASED / CONTRACT SERV 01-51010-200 CONTRACTUAL EXPENSE 22,500 22,500 0.00 130.00 0.00 22,370.00 99.42 01-51010-203 MISCELLANEOUS 7,000 7,000 2,750.00 2,750.00 0.00 4,250.00 60.71 01-51010-216 ADVERTISING & PUBLIC NOTI 2,700 2,700 189.67 406.39 0.00 2,293.61 84.95 01-51010-225 ASSOC. MEETINGS & SEMINAR 13,050 13, OS 0 48.39) 1,217.74 0.00 11,832.26 90.67 01-51010-227 DELIVERY SERVICES 3,500 3,500 263.00 313.00 0.00 3,187.00 91..06 TOTAL PURCHASED/CONTRACT SERV 48,750 48,750 3,154.28 4,817.13 0.00 43,932.87 90.12 SUPPLIES 01-51010-310 OFFICE SUPPLIES 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00 TOTAL SUPPLIES 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00 TOTAL LEGISLATIVE 49,750 49,750 3,154.28 4,817.13 0.00 44,932.87 90.32 -3- 2-02-2010 ( AM BOYNTON BEACH '\ REVENUE & EXPENDITURES RE (UNAUDITED) AS OF: JANUARY 31ST, 2010 01 -GENERAL FUND ADMINISTRATIVE DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PERSONNEL SERVICES 01-51230-100 PERSONNEL SERVICES 178,125 178,125 0.00 27,403.84 0.00 150,721.16 84.62 01-51230-115 CAR ALLOWANCE 5,400 5,400 0.00 832.00 0.00 4,568.00 84.59 TOTAL PERSONNEL SERVICES 183,525 183,525 0.00 28,235.84 0.00 155,289.16 84.61 PURCHASED/CONTRACT SERV 01-51230-225 ASSOC. MEETINGS & SEMINAR 4,000 4,000 1,249.56 2,452.27 0.00 1,547.73 38.69 01-51230-226 MEMBERSHIP DUES 6,200 6,200 0.00 1,217.00 0.00 4,983.00 80.37 01-51230-227 DELIVERY SERVICES 3,000 3,000 0.00 219.92 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 1,249.56 3,889.19 0.00 10,810.81 73.54 SUPPLIES 01-51230-310 OFFICE SUPPLIES 6,500 6,500 542.46 637.60 0.00 5,862.40 90.19 01-51230-315 POSTAGE 2,000 2,000 206.99 796.33 0.00 1,203.67 60.18 01-51230-340 CELLULAR PHONES 1,200 1,200 99.99 409.36 0.00 790.64 65.89 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 10,500 849.44 1,843.29 0.00 8,656.71 82.44 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 DEPRECIATION & AMORT TOTAL ADMINISTRATIVE 209,725 209,725 2,099.00 33,899.60 0.00 175,825.40 83.84 -4- 2-02-2010 09:55 AM 1 - GENERAL FUND INANCE EPARTMENTAL EXPENDITURES 'ERSONNEL SERVICES 01-51325-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES ?URCHASED/CONTRACT SERV 01-51325-200 CONTRACTUAL EXPENSE 01-51325-201 BANK FEES 01-51325-225 ASSOC. MEETINGS & SEMINAR 01-51325-226 MEMBERSHIP DUES 01-51325-227 DELIVERY COSTS 01-51325-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51325-310 OFFICE SUPPLIES 01-51325-340 CELLULAR PHONES 01-51325-355 SUBSCRIPTIONS 01-51325-360 BOOKS & PUBLICATIONS 01-51325-365 OFFICE PRINTING COSTS TOTAL SUPPLIES CAPITAL EXPENDITURES DEPRECIATION & AMORT TOTAL FINANCE ORIGINAL BUDGET 130,260 130,260 2,825 3,200 2,250 895 500 3,000 12,670 2,000 1,440 1,000 500 400 5,340 148,270 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2010 AMENDED BUDGET 130,260 130,260 2,825 3,200 2,250 895 500 3,000 12,670 2,000 1,440 1,000 500 400 5,340 148,270 MONTHLY ACTIVITY 0.00 0.00 0.00 54.96 340.90) ( 150.00 0.00 30.00 --- 105.94) 151. 51 96.62 0.00 65.00 0.00 313.13 207.19 YEAR-TO-DATE BALANCE 18,048.94 18,048.94 349.92 340.21 340.90) 150.00 46.68 30.00 575.91 246.65 392.31 0.00 65.00 0.00 703.96 19,328.81 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 480.00 0.00 0.00 0.00 480.00 480.00 UNENCUMBERED BALANCE 112,211.06 112,211.06 2,475.08 2,859.79 2,590.90 745.00 453.32 2,970.00 12,094.09 1,753.35 567.69 1,000.00 435.00 400.00 4,156.04 128,461.19 % OF BUDGET REMAINING 86.14 86.14 87.61 89.37 115.15 83.24 90.66 99.00 95.45 87.67 39.42 100.00 87.00 100.00 77.83 86.64 -5- 2-02-2010 S AM BOYNTON BEACP ~A REVENUE & EXPENDITURES Rl (UNAUDITED) AS OF: JANUARY 3),,,,', 2010 01 -GENERAL FUND INSURANCES DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51410-200 CONTRACTUAL EXPENSE 28,650 28,650 936.27 13,398.70 0.00 15,251.30 53.23 01-51410-213 GENERAL PROPERTY COVERAGE 63,590 63,590 0.00 39,228.00 0.00 24,362.00 38.31 01-51410-214 EMPLOYEE FIDELITY COVERAG 1,000 1,000 0.00 995.29 0.00 4.71 0.47 01-51410-215 DIRECTORS & OFFICERS COVE 8,510 8,510 0.00 5,040.00 0.00 3,470.00 40.78 TOTAL PURCHASED/CONTRACT SERV 101,750 101,750 936.27 58,661. 99 0.00 43,088.01 42.35 TOTAL INSURANCES 101,750 101,750 936.27 58,661. 99 0.00 43,088.01 42.35 -6- !-02-2010 09:55 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2010 L -GENERAL FUND ~OFESSIONAL SERVICES EPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING URCHASED/CONTRACT SERV 01-51420-200 CONTRACTUAL EXPENSE 01-51420-201 CONTRACT LEGAL 01-51420-204 CITY STAFF COSTS TOTAL PURCHASED/CONTRACT SERV 261,000 261,000 0.00 35,026.49) 81,765.00 214,261.49 82.09 100,000 100,000 275.00 4,197.00 0.00 95,803.00 95.80 15,000 15,000 327.60 491.40 0.00 14,508.60 96.72 376,000 376,000 602.60 30,338.09) 81,765.00 324,573.09 86.32 376,000 376,000 602.60 ( 30,338.09) 81,765.00 324,573.09 86.32 TOTAL PROFESSIONAL SERVICES -7- 2-02-2010 C AM BOYNTON BEACH REVENUE & EXPENDITURES REi (UNAUDITED) AS OF: JANUARY 31ST, 2010 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 28,339.24 0.00 155,865.76 84.62 01-51440-115 CAR ALLOWANCE 5,400 5,400 0.00 832.00 0.00 4,568.00 84.59 TOTAL PERSONNEL SERVICES 189,605 189,605 0.00 29,171.24 0.00 160,433.76 84.61 PURCHASED/CONTRACT SERV 01-51440-225 ASSOC. MEETINGS & SEMINAR 11,000 11,000 1,328.52 1,754.26 0.00 9,245.74 84.05 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 1,328.52 2,402.89 0.00 11,672.11 82.93 SUPPLIES 01-51440-310 OFFICE SUPPLIES 2,000 2,000 74.34 221.38 0.00 1,778.62 88.93 01-51440-340 CELLULAR PHONES 1,620 1,620 103.12 452.62 0.00 1,167.38 72.06 01-51440-360 BOOKS & PUBLICATIONS 300 300 0.00 121.95 0.00 178.05 59.35 01-51440-365 OFFICE PRINTING COSTS 1,000 1,000 559.20 1,083.60 0.00 83.60) 8.36- TOTAL SUPPLIES 4,920 4,920 736.66 1,879.55 0.00 3,040.45 61. 80 CAPITAL EXPENDITURES DEPRECIATION & AMORT TOTAL PLANNING 208,600 208,600 2,065.18 33,453.68 0.00 175,146.32 83.96 -8- 2-02-2010 09:55 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2010 1 - GENERAL FUND UILDINGS & PROPERTY IEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED %- OF UNENCUMBERED BUDGET BALANCE REMAINING 'URCHASED / CONTRACT SERV 01-51620-200 CONTRACTUAL EXPENSE 3,050 3,050 45.00 724.91 0.00 2,325.09 76.23 01-51620-201 PROPERTY TAXES 160,000 160,000 4,264.44 33,992.39 0.00 126,007.61 78.75 01-51620-205 RENTAL OF OFFICES 42,600 42,600 3,300.00 16,500.00 23,100.00 3,000.00 7.04 01-51620-206 MAINTENENCE & CLEANING 7,560 7,560 0.00 2,130.00 0.00 5,430.00 71.83 01-51620-208 EQUIPMENT LEASES 30,000 30,000 1,846.29 7,850.57 0.00 22,149.43 73.83 01-51620-209 PROPERTY MAINTENENCE COST 201,980 201,980 8,927.61 23,263.49 0.00 178,716.51 88.48 01-51620-224 SIGNAGE 10,000 10,000 0.00 1,857.59 0.00 8,142.41 81. 42 TOTAL PURCHASED/CONTRACT SERV 455,190 455,190 18,383.34 86,318.95 23,100.00 345,771.05 75.96 SUPPLIES 01-51620-325 ELECTRICITY COSTS 9,000 9,000 435.22 1,424.09 0.00 7,575.91 84.18 01-51620-326 WATER CHARGES 6,000 6,000 444.30 823.72 0.00 5,176.28 86.27 TOTAL SUPPLIES 15,000 15,000 879.52 2,247.81 0.00 12,752.19 85.01 CAPITAL EXPENDITURES -~-~-~- ._,---~~ ~.~- ----- DEPRECIATION & AMORT TOTAL BUILDINGS & PROPERTY 470,190 470,190 19,262.86 88,566.76 23,100.00 358,523.24 76.25 -9- 2-02-2010 C AM BOYNTON BEACH \ REVENUE & EXPENDITURES RE; (UNAUDITED) AS OF: JANUARY 31ST, 2010 01 -GENERAL FUND MARINA % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 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 3,112.50 0.00 24,987.50 88.92 01-51630-241 MARINA FUEL MANAGEMENT 148,000 148,000 12,333.00 49,332.00 0.00 98,668.00 66.67 01-51630-242 MARINE FUEL STATION OVERH 37,200 37,200 2,724.17 12,092 . 06 0.00 25,107.94 67.49 TOTAL PURCHASED/CONTRACT SERV 213,800 213,800 15,832.17 64,986.56 0.00 148,813.44 69.60 SUPPLIES 01-51630-325 ELECTRIC COSTS 17,100 17,100 1,581.58 4,891.38 0.00 12,208.62 71.40 01-51630-326 WATER COSTS 2,400 2,400 512.69 1,355.54 0.00 1,044.46 43.52 01-51630-327 GASOLINE & DEISEL FUEL PU 680,400 680,400 64,796.47 214,913.77 0.00 465,486.23 68.41 01-51630-328 MARINA DIESEL SALES TAX 12,000 12,000 0.00 1,600.81 0.00 10,399.19 86.66 TOTAL SUPPLIES 711,900 711,900 66,950.74 222,761. 50 0.00 489,138.50 68.71 CAPITAL EXPENDITURES 01-51630-400 EQUIPMENT COSTS 1,000 1,000 106.47 194.63 0.00 805.37 80.54 TOTAL CAPITAL EXPENDITURES 1,000 1,000 106.47 194.63 0.00 805.37 80.54 TOTAL MARINA 926,700 926,700 82,889.38 287,942.69 0.00 638,757.31 68.93 -10- 2-02-2010 09:55 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2010 1 - GENERAL FUND OMMUNICATIONS & TECHNOLO ,EPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING 'URCRASED / CONTRACT SERV 01-51650-200 CONTRACTUAL EXPENSE 3,760 3,760 210.00 420.00 0.00 3,340.00 B8.B3 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 29.00 29.00 0.00 2,971.00 99.03 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 34,260 239.00 449.00 0.00 33,811.00 98.69 SUPPLIES 01-51650-330 TELEPHONE LINES 15,600 15,600 1,132.84 4,799.68 0.00 10,800.32 69.23 TOTAL SUPPLIES 15,600 15,600 1,132.84 4,799.68 0.00 10,800.32 69.23 CAPITAL EXPENDITURES 01-51650-400 EQUIPMENT COSTS 8,000 8,000 ( 36.37) 5,727.40 0.00 2,272.60 28.41 TOTAL CAPITAL EXPENDITURES 8,000 8,000 ( 36.37) 5,727.40 0.00 2,272.60 28.41 --~-~-~-~.._-----~.~_..- TOTAL COMMUNICATIONS & TECHNOLO 57,860 57,860 1,335.47 10,976.08 0.00 46,883.92 81.03 -11- 2-02-2010 C AM BOYNTON BEACH REVENUE & EXPENDITURES REi (UNAUDITED) AS OF: JANUARY 31ST, 2010 01 -GENERAL FUND CONTINGENCY % OF ORIGINAL AMENDED MONTHLY YEAR - TO- DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51990-200 CONTRACTUAL EXPENSE 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 TOTAL PURCHASED/CONTRACT SERV 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 TOTAL CONTINGENCY 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 -12- ~-02-2010 09:55 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2010 1 - GENERAL FUND 1\RKETING EPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING 'ERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICES 87,392 87,392 0.00 13 , 444 . 92 0.00 73,947.08 84.62 TOTAL PERSONNEL SERVICES 87,392 87,392 0.00 13,444.92 0.00 73,947.08 84.62 'URCHASED/CONTRACT SERV 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 1,324.29 1,452.32 0.00 47.68 3.18 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 3,000 159.63 1,069.33 0.00 1,930.67 64.36 01-57400-236 PHOTOGRAPHY / VIDEOS 20,000 20,000 2,825.00 6,625.00 5,650.00 7,725.00 38.63 TOTAL PURCHASED/CONTRACT SERV 41,400 41,400 4,308.92 9,146.65 5,650.00 26,603.35 64.26 SUPPLIES 01-57400-310 OFFICE SUPPLIES 5,000 5,000 74.35 169.49 0.00 4,830.51 96 .61 01-57400-340 CELLULAR PHONES 1,260 1,260 159.91 580.51 120.00 559.49 44.40 01-57400-355 SUBSCRIPTIONS 550 550 0.00 98.95 0.00 451. 05 82.01 01-57400-360 BOOKS & PUBLICATIONS 100 100 0.00 0.00 0.00 100.00 100.00 01-57400-365 OFFICE PRINTING COSTS 5,000 5,000 236.90 236.90 0.00 4,763.10 95.26 TOTAL SUPPLIES 11,910 11,910 471.16 1,085.85 120.00 10,704.15 89.88 DEPRECIATION & AMORT .---- ----- "--_.-.--~ ~._----_._~ .- -~- -- -----~ ----.-- ------- ----~-~~-- ~ - ---~.-. ----- ---_._---_.~ -----_.---- TOTAL MARKETING 140,702 140,702 4,780.08 23,677.42 5,770.00 111,254.58 79.07 -13- 2-02-2010 r AM BOYNTON BEACH l\. REVENUE & EXPENDITURES RE (UNAUDITED) AS OF: JANUARY 31b., 2010 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 12,926.44 0.00 71,095.56 84.62 TOTAL PERSONNEL SERVICES 84,022 84,022 0.00 12,926.44 0.00 71,095.56 84.62 PURCHASED/CONTRACT SERV 01-57500-225 ASSOC. MEETINGS & SEMINAR 1,500 1,500 76.72 595.82 0.00 904.18 60.28 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 76.72 595.82 0.00 3,304.18 84.72 SUPPLIES 01-57500-310 OFFICE SUPPLIES 2,500 2,500 90.92 194.24 0.00 2,305.76 92.23 01-57500-340 CELLULAR PHONES 1,680 1,680 109.99 439.96 1,239.92 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 4,630 200.91 634.20 1,239.92 2,755.88 59.52 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 95,052 277.63 14,156.46 1,239.92 79,655.62 83.80 -14- !-02-2010 09:55 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2010 1 -GENERAL FUND ~PLOYEE BEBEFITS EPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED %- OF UNENCUMBERED BUDGET BALANCE REMAINING 'ERSONNEL SERVICES 01-59000-151 F.I.C.A. 41,838 41,838 0.00 5,377.30 0.00 36,460.70 87.15 01-59000-152 MEDICARE 9,785 9,785 0.00 1,936.30 0.00 7,848.70 80.21 01-59000-153 RETIREMENT PLAN 401(a) 71,049 71,049 7,678.00 7,928.00 0.00 63,121. 00 88.84 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 9,486.18 23,812.65 0.00 38,395.35 61.72 01-59000-156 DENTAL INSURANCE 4,147 4,147 267.39 1,331.19 0.00 2,815.81 67.90 01-59000-157 LIFE INSURANCE 1,057 1,057 160.20 400.50 0.00 656.50 62.11 01-59000-158 SHORT / LONG TERM DISABIL 3,092 3,092 525.64 1,314.10 0.00 1,777.90 57.50 01-59000-159 UNEMPLOYMENT CHARGES 5,000 5,000 1,341. 77 3,266.09 0.00 1,733.91 34.68 01-59000-160 VISION INSURANCE 648 648 70.56 173.48 0.00 474.52 73.23 01-59000-161 COMPENSATED ABSENSES 25,000 25,000 0.00 30,000.00 0.00 5,000.00) 20.00- TOTAL PERSONNEL SERVICES 228,824 228,824 19,529.74 75,539.61 0.00 153,284.39 66.99 _._~- TOTAL EMPLOYEE BEBEFITS 228,824 228,824 19,529.74 75,539.61 0.00 153,284.39 66.99 -15- 2-02-2010 r AM BOYNTON BEACH '\. REVENUE & EXPENDITURES RE. (UNAUDITED) AS OF: JANUARY 31b", 2010 01 -GENERAL FUND DEBT SERVICE DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING DEBT SERVICE OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE 3,119,526 3,119,526 3,119,526.00 3,119,526.00 0.00 0.00 0.00 TOTAL OTHER FINANCING USES 3,119,526 3,119,526 3,119,526.00 3,119,526.00 0.00 0.00 0.00 TOTAL DEBT SERVICE 3,119,526 3,119,526 3,119,526.00 3,119,526.00 0.00 0.00 0.00 -16- :-02-2010 09:55 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2010 L - GENERAL FUND ~SFER OUT gPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING THER FINANCING USES 01-59999-990 INTERFUND TRANSFERS OUT 1,512,045 1,512,045 378,011.25 378,011.25 0.00 1,134,033.75 75.00 TOTAL OTHER FINANCING USES 1,512,045 1,512,045 378,011.25 378,011.25 0.00 1,134,033.75 75.00 TOTAL TRANSFER OUT 1,512,045 1,512,045 378,011.25 378,011.25 0.00 1,134,033.75 75.00 cOTAL EXPENDITURES 7,744,994 7,744,994 3,634,676.93 4,118,219.39 112,354.92 3,514,419.69 45.38 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- <.EVENUES OVER! (UNDER) EXPENDITURES 0 0 ( 3,605,017.18) 3,095,919.90 112,354.92) ( 2,983,564.98) 0.00 -17- 2-02-2010 0 AM BOYNTON BEACH , REVENUE & EXPENDITURES REl (UNAUDITED) AS OF: JANUARY 31~., 2010 02 -PROJECTS FUND FINANCIAL SUMMARY ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE %- OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING REVENUE SUMMARY INVESTMENT INCOME 0 0 0.00 1,342.90 0.00 1,342.90l 0.00 OTHER FINANCING SOURCES 3,919,107 3,919,107 378,011.25 378,011.25 0.00 3,541,095.75 90.35 TOTAL REVENUES 3,919,107 3,919,107 378,011.25 379,354.15 0.00 3,539,752.85 90.32 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- EXPENDITURE SUMMARY OPERATING EXPENSES 200,000 200,000 11,418.84 15,500.64 27,000.00 157,499.36 78.75 CAPITAL OUTLAY 1,246,309 1,246,309 35,645.25 207,914.61 170,566.64 867,827.75 69.63 AFFORDABLE HOUSING 1,139,433 1,139,433 15,310.00 20,060.00 19,940.00 1,099,433.00 96.49 ECONOMIC DEVELOPMENT 643,040 643,040 45,360.00 124,320.00 45,000.00 473,720.00 73.67 PROJECTS AND PROGRAMS 690,325 690,325 42,011. 03 77,497.98 5,000.00 607,827.02 88.05 TOTAL EXPENDITURES 3,919,107 3,919,107 149,745.12 445,293.23 267,506.64 3,206,307.13 81. 81 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- REVENUES OVER/ (UNDER) EXPENDITURES 0 0 228,266.13 65,939.08) ( 267,506.64) 333,445.72 0.00 -18- -02-2010 09:55 AM -PROJECTS FUND :VENUES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2010 ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 'NESTMENT INCOME J2-46100 INTEREST INCOME TOTAL INVESTMENT INCOME ISCELLANEOtJS THER FINANCING SOURCES 02-49100 OTHER FINANCING SOURCES 02-49900 TRANSFERS IN TOTAL OTHER FINANCING SOURCES 'OTAL REVENUES YEAR-TO-DATE BALANCE 0 0.0 0.00 1,342.90 0.00 1,342.90) 0.00 0 0 0.00 1,342.90 0.00 1,342.90) 0.00 _.~~ 2,407,062 2,407,062.0 0.00 0.00 0.00 2,407,062.00 100.00 1,512,045 1,512,045.0 378,011.25 378,011.25 0.00 1,134,033.75 75.00 3,919,107 3,919,107 378,011.25 378,011.25 0.00 3,541,095.75 90.35 3,919,107 3,919,107 378,011.25 379,354.15 0.00 3,539,752.85 90.32 ------------ ------------ -.------------ ------------- ------------- ------------- ------- ------------ ~----------~ ------------- ------------- ------------- ------------- ------- -19- 2-02-2010 or AM 02 -PROJECTS FUND OPERATING EXPENSES DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET BOYNTON BEACH REVENUE & EXPENDITURES REF (UNAUDITED) AS OF: JANUARY 31S'l, 2010 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 02-58100-203 CONTRACTUAL EXPENSE 02-58100-213 LEGAL FEES TOTAL PURCHASED/CONTRACT SERV 150,000 50,000 200,000 150,000 50,000 200,000 10,410.00 1,008.84 11,418.84 14,491.80 1,008.84 15,500.64 27,000.00 0.00 27,000.00 108,508.20 48,991.16 157,499.36 72 .34 97.98 78.75 TOTAL OPERATING EXPENSES 78.75 200,000 200,000 11.418.84 15,500.64 27,000.00 157,499.36 -20- -02-2010 09:55 AM BOYNTON BEACH eRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2010 : - PROJECTS FUND ,PITAL OUTLAY ,PARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING ~PITAL EXPENDITURES 02-58200-400 LAND 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 02-58200-404 CONSTRUCTION IN PROGRESS 228,680 228,680 600.00 35,156.00) 16,922.50 246,913.50 107.97 02-58200-405 SITE WORK AND DEMOLITION 50,000 50,000 0.00 0.00 0.00 50,000.00 100.00 02-58200-406 INFRASTRUCTURE AND STREET 867,629 867,629 35,045.25 243,070.61 153,644.14 470,914.25 54.28 TOTAL CAPITAL EXPENDITURES 1,246,309 1,246,309 35,645.25 207,914.61 170,566.64 867,827.75 69.63 TOTAL CAPITAL OUTLAY 1,246,309 1,246,309 35,645.25 207,914.61 170,566.64 867,827.75 69.63 -21- 2-02-2010 (l AM BOYNTON BEACH ~ REVENUE & EXPENDITURES RE. (UNAUDITED) AS OF: JANUARY 31b", 2010 02 -PROJECTS FUND AFFORDABLE HOUSING DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING CAPITAL EXPENDITURES 02-58300-420 RESIDENTIAL IMPROVEMENT P 199,805 199,805 15,310.00 20,060.00 19,940.00 159,805.00 79.98 02-58300-421 HOME BUYERS ASSISTANCE PR 939,628 939,628 0.00 0.00 0.00 939,628.00 100.00 TOTAL CAPITAL EXPENDITURES 1,139,433 1,139,433 15,310.00 20,060.00 19,940.00 1,099,433.00 96.49 TOTAL AFFORDABLE HOUSING 1,139,433 1,139,433 15,310.00 20,060.00 19,940.00 1,099,433.00 96 .49 -22- 1-02-2010 09:55 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2010 2 -PROJECTS FUND CONOMIC DEVELOPMENT EPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING :APITAL EXPENDITURES 02-58400-440 FACADE GRANTS-COMMERCIAL 105,000 105,000 0.00 0.00 45,000.00 60,000.00 57.14 02-58400-442 TRANSPORTATION PROGRAM 438,040 438,040 45,360.00 124,320.00 0.00 313,720.00 71.62 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 TOTAL CAPITAL EXPENDITURES 643,040 643,040 45,360.00 124,320.00 45,000.00 473,720.00 73.67 TOTAL ECONOMIC DEVELOPMENT 643,040 643,040 45,360.00 124,320.00 45,000.00 473,720.00 73.67 -23- 2-02-2010 0 AM BOYNTON BEACH REVENUE & EXPENDITURES REI (UNAUDITED) AS OF: JANUARY 318" 2010 02 -PROJECTS FUND PROJECTS AND PROGRAMS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING CAPITAL EXPENDITURES 02-58500-460 COMMUNITY POLICING INNOVA 396,325 396,325 25,297.79 12,156.38) 0.00 408,481.38 103.07 02-58500-470 COMMUNITY SUPPORT PROJECT 0 0 0.00 0.00 5,000.00 5,000.00) 0.00 02-58500-480 COMMUNITY SPECIAL EVENTS 294,000 294,000 16,713.24 89,654.36 0.00 204,345.64 69.51 TOTAL CAPITAL EXPENDITURES 690,325 690,325 42, 011. 03 77,497.98 5,000.00 607,827.02 88.05 TOTAL PROJECTS AND PROGRAMS 690,325 690,325 42, 011. 03 77,497.98 5,000.00 607,827.02 88.05 -24- -02-2010 09:55 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JANUARY 31ST, 2010 - PROJECTS FUND ANSFER OUT - ASSET TRA PARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING ~ER FINANCING USES )TAL EXPENDITURES 3, 919,107 3, 919, 107 149, 745.12 445,293 .23 267, 506.64 3,206,307.13 81.81 ------------ ------------ ------------- ------------- -~----------- ------------- ------- ------------ ~----------- ------------~ ------------- ------------- ------------- ------- 0 0 228,266.13 65,939 .08) ( 267,506.64) 333,445 .72 O. 00 ~VENUES OVER/(UNDER) EXPENDITURES -25- ~1~<tY~Te~ eRA iIIIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: February9,2010 I x I Consent Agenda I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Approval of Funding up to $1,500 from the Community Meeting Grant Program to Inlet Cove Association, Inc. (INCA) for their monthly community meetings. SUMMARY: On November 10,2009 the Board approved the Community Meeting Grant Program. This program provides up to $1,500, on an annual basis, for Community Groups and HaAs, in the CRA District, to hold their meetings at a city facility. INCA has submitted an application for funding for their monthly meetings, held the third Monday of each month. INCA is requesting funding for the following meetings: March, April, May, June, September, November and December of 2010. They would like to hold these meetings at the Senior Center. The cost per meeting is $35.00. The total cost for these seven (7) meetings is $245.00 plus a $300.00 refundable "damage deposit". FISCAL IMPACT: $545.00 from Project Fund 02-58500-470 CRA PLAN, PROGRAM OR PROJECT: Community Meeting Grant Program MMENDA IONS: Approve the application for INCA's Community Meeting Grant. Theresa Utterback Administrative Services Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\02-09-10 Meeting\INCA Community Meeting Grant.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10. 2009 Mr. Rodriguez felt this was the best time to redevelop. He recommended moving forward with an RFP and evaluating it. Vice Chair Hay could consider moving ahead with the RFP but requested hearing from the other speakers. Victor Norfus advised many individuals want to sell, but do not want to sell for the price the Community Redevelopment Agency wants to pay. Residents find out the going rate and hold oul He agreed staff should land bank, but did not want to rush things since the Master Plan was not agreed to. He thought the land could support a business incubator and advised the residents wanted to see something. The community was restless because nothing was being constructed. He reiterated there are start-up businesses that could benefit from a successful incubator, but advised not to construct a bunch of Habitat homes. He thought some retail should be constructed. Mr. ROdriguez left the dais at 7:39 p.m. Mr. Norfus indicated staff may have to pay more or wait longer, but staff should give hope and inspiration. Motion Vice Chair Hay moved to direct staff to prepare an RFP for the January 2010 agenda with the desired outcome included in the language of the RFP. Ms. Ross seconded the motion that unanimously passed. (Mr. Rodriguez not present for the vote.) b. Consideration of Reinstating Community Meeting Grant Program Ms. Brooks explained this item was a recommendation from the Community Committee. Although the Carolyn Sims Center was open, neighborhood associations had to pay for meeting space, which was problematic. This item would reinstate a program the Board had last year, which would allow the organization to come in and apply for assistance with paying a fee to the City to meet at one of the City's facilities. The funding was reprogrammed from a District 1/1 event to this program. Mr. Rodriguez returned at 7:42 p.m. Ms. Bright felt that If the program was reinstated, the Board would be pleased. The organization signs that they are liable for damages incurred to the facility. Motion Vice Chair Hay moved to approve the reinstating of the HOA Meeting Grant. Ms. Ross seconded the motion. Staff recommended covering the cost of the program. It was noted staff holds 21 events on Ocean Avenue, and since the community wanted the program, this was the best way to fund it. After discussion, it was agreed the funds should come from the contingency account, so an event could be held on the south end of town. It was noted the Board had approved holding an event on the south end of town during the Budget Hearings. The amount to cover the 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 community meetings was $5,000 and each group could not exceed $1,500 annually. When the program was instituted two years ago, about $3.500 was expended for the year. Motion Mr. Rodriguez moved to pay for the program from contingency rather than taking $5,000 that was set aside for District III event Mr. Weiland seconded the motion. Vote There was a vote on the first motion to approve the programs. The motion unanimously passed. Vote There was a vote on the second motion to use funds from the contingency account. The motion passed 4-1. (Chair Tay/ordissenting.) c. Consideration of Economic Development Programs 1. Rent Subsidy 2. Signage Improvement 3. Tenant Improvement Ms. Brooks explained this item was brought back at the request of a Board member. She explained some buildings were constructed in the 1920s. Areas that have older commercial corridors have high vacancy rates and a migration from older areas to newer areas. such as Congress Avenue. occurs. Delray Beach instituted this program and experienced a high rate of success. The program encouraged new or existing business to occupy previously vacated space, and they would assist the business to become established over the next 12 to 18 months by paying a portion of the rent to the landlord for a limited amount of time. Discussion followed something needed to happen to draw attention to the downtown. In Delray Beach. the program was limited to a specified area. Additionally, some municipalities limit the assistance to certain kinds of businesses that are compatible with the vision of the downtown. It was noted the lease amount should exceed the subsidy, and it was recommended a multi-year lease be used. Staff also analyzed the businesses and their financial stability. Applican!~ should have a business plan with a five-year financial forecast within it and two years of tax returns as well. Staff could geographically limit the subsidy to types of businesses. The Delray Beach Community Redevelopment Agency budgeted $25,000 for the program this year. Ms. Bright believed the CDBG and HOB areas would probably be the most strategic area to implement the program. but after speaking to several successful Congress Avenue retail owners, it was learned rent subsidy up to three months and tenant improvement funding up to $2,500 was already being provided. If an applicant received rent subsidy. they might not be receiving Tenant Improvement. Ms. Bright believed EPOCH Properties and Woolbright Development needed assistance to entice businesses there. There was no federal funding for small business assistance available in any of the stimulus pians. The program could be implemented as a pilot program through August of 8 (. : ~ '~,i .ii\N 1 ~l 2u11J 6~~:~~tSid~Se~R~ '@""') , :' '~., I, ",~ ~'" r'. ! f ~ ~:oO,^ BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMUNITY MEETING GRANT PROGRAM APPLICATION Ot ~120(O Date: Applicant Information Name of Community Group or HOA: k,~ ~ve ~$()LI~I"Y\ ,k. Name and Title of Group Contact: otto S~le.t~,~terl yJt^fSI~ 1c4l St1"v-e :Drive ~ ~~~4&) I( Address of Community Group or HOA: Address of Group Contact: Phone Number: 5701. 73S"'. J8J~ - Pl\IM. W1 E-mail: \L~t*,' JW'?fC{. C.lSW\ . Location of Meeting: SeV\\bi' CeAA-{er 1- fNbL-nY\.<p Date of Meeting: ~, a~lO! S-1nJ10. "'~/O, /In 1~"llb Hours of Meeting: 7- 8" Pm The applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Homeowners Association Grant Program, and it is true and complete to the best of the applicant(s) knowledge and belief. Applicant(s) understand that damages to any City facility cannot be reimbursed by the CRA and will be the sole responsibility of the applying community group or HOA. ApPI~ r _ Applicant: ~A.. a v . I ~~,/~ ~ Signature V - Signature YCiV\'\d",- A. kei~ Print Name: 1~ 19, tAJ( D (!) 1T t) 'S PI';" (...8/ C-6.I " E.. /e.... Print Name: Date: Ie- fA Ai. ;2.0/0 Date: Boynton Beach Community Redevelopment Agency Community Meeting Grant Application Reinstated November 10, 2009 . ORGANIZA TIONIINDIVIDUAL: CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT Facility/Field Use Application Form JAA.la- CoVe- hSOUtl1-l4'\,.lUu , 'I.. Non-profit Other C I DCA) Type: Individual Business CONTACT PERSON (if organization) ADDRESS: IdfJ Shl>~ 1rive. ~1\Th\ ~-1~ 3?>~ City Zip Code PHONE#'S: (HOME) 5101.752.2o,/b (WORK) (CELL) ~{. 7?,~Ji28 1. FACILITY/FIELD: ~i~ ~ ROOM: Adivi"-'1 RMn 2. REQUESTED DATE & TIME (please indicate a.m. orB: # OF PEOPLE: tz>-'U:> Single Use: Date Hours: from to Weekly: Dates ~ Hours: from to ~t~ Day of Week Mov'\ Start Date: ~ End Date: ~ Hours: 7 - ~ (lm 3. SPECIAL INSTRUCTIONS (please use the "FACIUTYIFIELD PREPARA TlON REQUEST' form to detail special set up or maintenance requirements two weeks prior to event date) 4. PROGRAM INFORMATION (please check all appropriate categories): Educational Political Religious Recreational Private Function V Meeting Otl:)er (please describe below) Fund-raising* Admission Fee* Food/Drink Being Served Food or Items Being Sold (list below) Please briefly describe type and purpose of meeting and if the meetin funds are being raised: UJw\ittonl *If your function involves fund-raising or an entry/admission fee, please list information requested below: Projected Attendance: Gross Revenue: Entry FeelTeam: Entry Fee/Person: Deposit Payment (% fees) $ _ Check # _ Date_ Balance Payment $_ Check # _ Date_ ,including Damage Deposit) I agree to comply with all "special considerations" I~ the facilityffleld use Information fonn. SIGNATURE OF APPLICANT: ~~ 0... ~ DATE: ~ FOR OFFICE USE ONLY Facility Fee: ,~.( oOhrs x $ I Ihr = $ 3 $'.010 Bill Code: NR_ R~ NP _ Prv_ Comm_ Field Use: hrs x $ Ihr = $ Sub-Total Above $ Sales Tax (6.~~Ub-totao $ Staffing Fee: . hrs x $351hr = $ Field Preparation ($35Ihr per person). ., $ Custodial ($50-$150 per event). . . . . . $ Field Lights: hrs x $ Ihr = $ / Approved Rejected (reason) Authorized by: //:x- ~ (Recreation Supervisor) Date: Proof of Insurance Rec'd Date: Or TULIP application & check forwarded to Risk _ Date:_ Revised 7/24/08 No tax charged for non-profit groups. MUST attach copy of tax exempt certifICate for non-profits. TOTAL FEE. . . . . . . . . . .. . .. . . . . $ ~ I). 00 f)@IlM".....i' . CITY OF BOYNTON BEACH RECREA TJON & PARKS DEPARTMENT NAME OF PROGRAM/GROUP/EVENT: LOCATION: ~lM Cett~ PROGRAM TIME: BEGINS .....) : tJ\) {J IV\ , DATE (S): ENDS SET-UP TIME -tI- BREAKDOWN TIME ~ S-/t7/IO) 0t2ll'0) q (X>(,D II (15{,o) l2l'20{ in 1 !YI9ffinf # OF 8 FT. TABLES REQUESTED: # OF CARD TABLES REQUESTED: # OF CHAIRS REQUESTED: 'M t.n 9-S # OF 9FT.l6FT ROUND TABLES REQUESTED: PORTABLE SOUND SYSTEM REQUESTED: YES NO V LECTERN REQUESTED: YES NO v MOVIE SCREEN REQUESTED: YES NO V MICROPHONE AND STAND (CIVIC, SENIOR CENTERS & INTRACOASTAL PARK CLUBHOUSE): YES NO V- ROOM ARRANGEMENT (Classroom style, theater style, U-shape, etc.): cl\6JY ~ q -fe&,ks ~ n D p~64ACe... -~----------------------------------~---------~--------------------------------- BASES REQUESTED: FIELD DRAGGED: FIELD LINED: LIGHTS: KEYS TO RESTROOM FACILITIES: FIELD ARRANGEMENT (Requirement for specific length between bases, etc): OTHER PERTINENT INFORMATION: CONTACT PERSON: ADDRESS: DATE SUBMITTED: PHONE #: APPROVED BY: FOR DEPARTMENT USE ONLY DATE: ASSIGNED TO: n~..:......1 "TMAIf\O . CITY OF BOYNTON BEACH STANDARD HOLD HARMLESS AND INDEMNITY CLAUSE ~ \tt COw.. Assot,;a.-k'll'\ k (Name of Lessee), Its Officers and Members shall, through the signing of this document by an authorized party or agent, indemnify, save and hold harmless the City, its agents and employees from any claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents or employees, by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is incide aJ to, occurs as a resul of, or arises out of the negligent or any act(s) or omissions of Lessee. . r!J,"cfr JI'l/-/b Signature of Representative Title Da e ~.wr-- CDre ~C-I',t,1t1'Y) ~ N~~tiOuL Recreation & Parks Department /501l-P 1It//~O./J Title ' / /;9/;0 Date DAMAGE DEPOSIT AGREEMENT J:tlJ,;t- Ce~ hs.~id..fs tJn Ik.. (Name of Lessee), shall, through the signing of this document, agree to submit a "damage deposif' for use of a Boynton Beach Recreation and Parks Department facility ("facility") in the amount of $300. I understand that by signing this document and taking possession of the facility, I agree that the facility was in good, sanitary order, condition and repair, and with no defects of any sort, upon receipt. I understand that, as the Lessee, I am responsible that the facility will be returned to the City in the same good, sanitary order, condition and repair as delivered to the Lessee. I understand that if, for any reason, there is damage to the facility upon completion of the Lessee's use of the facility, and a City inspection of the facility is conducted, the damage deposit will not be refunded. I understand that should the City incur any costs or expenses for the clean-up of the facility following its use by the Le~e, these expenses will be deducted from the damage deposit and any additional charges will be the responsibility of the Lessee. As the Lessee, I also agree to complete any necessary clean up after the event, including the removal of any trash from the facility and its surrounding area, and removal of all personal items, including linens, chair covers, catering equipment, all left over food products, and/or disc jockey and band equipment prior to the Lessee's departure, as part of our fee waiver. I understand that no equipment or items of 8f}Y kind brought into the facility can be left at the end of the event or stored at the facility either before or .. the event per City of Boynton Beach Recreation and Parks Department Administrative Policy number 07-001. P~a~ Signature of Representative "lA-\tX UJ\lQ. As~d.-iilh ~n~.t- Recreation & Parks Department ~tUCke"" / diyecltr Title 1 / [If I III Date cg (/ /) (' ) v/$"fPr Title ' I lie; !to Date Copies to: Lessee/Risk Management Revised 7/24/08 www.sunbiz.org - Department of State Page 1 01 . Previous on List Next on List Return To Lis~ -1 Entity Name Search I r Submit 1 No Events No Name History Detail by Entity Name Florida Non Profit Corporation INLET COVE ASSOCIATION, INC. Filing Information Document Number N95000005055 FEIIEIN Number 264080909 Date Filed 10/18/1995 State FL Status ACTIVE Principal Address 660 SOUTH ROAD BOYNTON BEACH FL 33435 US Changed 04/25/2009 Mailing Address 660 SOUTH ROAD BOYNTON BEACH FL 33435 US Changed 04/25/2009 Registered Agent Name & Address MORRIS, GENEVIEVE A TREASUR 660 SOUTH ROAD BOYNTON BEACH FL 33435 Name Changed: 04/25/2009 Address Changed: 04/25/2009 Officer/Director Detail Name & Address Title PD KIETH, JONATHAN 641 SHORE DRIVE BOYNTON BEACH FL 33435 Title VPD CHANDLER,NANCY 914 NE 7TH STREET BOYNTON BEACH FL 33435 Title TD MORRIS, GENEVIEVE 660 SOUTH ROAD BOYNTON BEACH FL 33435 www.sunbiz.org - Department of State Page 2 of2 Title SO OACAMARA, LULU 836 EAST DRIVE BOYNTON BEACH FL 33435 Annual Reports Report Year Filed Date 2007 04/16/2007 2008 04/13/2008 2009 04/25/2009 Document Images 04/25/2009 - ANNUAL REPORT [ 04/13/2008 - ANNUAL REPORT [ 04/16/2007 -ANNUAL REPORT [ 03/27/2006 - ANNUAL REPORT [ 04/01/2005 -- ANNUAL REPORT [ 07/12/2004 -- ANNUAL REPORT ( 04/24/2003 - ANNUAL REPORT [ 09/10/2002 - ANNUAL REPORT [ 03/05/2001 - ANNUAL REPORT [ 02/16/2000 - ANNUAL REPORT [ 03/06/1999 - ANNUAL REPORT [ 05/19/1998 -- ANNUAL REPORT [ 05/12/1997 -ANNUAL REPORT [ 07/26/1996 - ANNUAL REPORT [ Vie\,! imaglt in PDF format ] Vie'#( Imli!g, !!lPPf. fQIJll.~ ] Vi~~g,.i,ilPPf.f9I1!:lf.~ ] V1.',W 'm~~ ir!.. PPF fo!m.'~ ] VI,W ilT\ll~ In PPffQf.Qla! ] V1~wi[lF!Qe in PPF. fQrrn~t ] Vi~w lml:\ge in PDF format ] VJ,w I~ge in PpF funnal .] Vi,w ifl'lt!lg, .in PPFfQrrnat ] V1~W. im~g~ ill. POF fOQl1~t ] ~wlmag,in PQFforrnat ] VJl!lW (mag", In PQF format ] V1eYil~. In POF fOnNlt ] Vi~w image in PDF f9rmat ] I Note: This is not official record. See documents if question or conflict. I Previous on List Next on List No Events No Name History Return To List I Entity Name Search _.. ___n .,_._u____. I Submit I I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. 1-.t+n.//C'llnh;'7 nro/""'Mnt,,/...nrrlpt PYP?l'IC'tinn=DFTFTT .&ina doc numher=N95000005055&... 1/22/2010 2009 NOT-FOR-PROFIT CORPORATION ANNUAL REPORT DOCUMENT# N95000005055 Entity Name: INLET COVE ASSOCIATION, INC. Current Principal Place of Business: 611 NE 7TH AVENUE BOYNTON BEACH, FL 33435 US FILED Apr 25,2009 Secretary of State New Principal Place of Business: 660 SOUTH ROAD BOYNTON BEACH, FL 33435 US Current Mailing Address: 611 NE 7TH AVENUE BOYNTON BEACH, FL 33435 US New Mailing Address: 660 SOUTH ROAD BOYNTON BEACH, FL 33435 US FEI Number: 26-4010909 FEI Number Applied For ( I FEI Number Not Applicable ( I Certi1icate of Status Desired ( I Name and Address of Current Registered Agent: COOPER, BRADLEY D TREASUR 611 NE 7TH AVENUE BOYNTON BEACH, FL 33435 US Name and Address of New Registered Agent: MORRIS, GENEVIEVE A TREASUR 660 SOUTH ROAD BOYNTON BEACH, FL 33435 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: GENEVIEVE A MORRIS Electronic Signature of Registered Agent OFFICERS AND DIRECTORS: Title; Name: Address: City-st-ZIp: Title: Name: Address: City-st-Zip: Title: Name: Address: City-st-Zip: Title: Name: Address: City-St-Zip: 04/2512009 Date ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: PO ( ) Delete MURPHY, !BELINDA 750 MARINERS WAY BOYNTON BEACH, FL 33435 Title: Name: Address: City-st-Zip: PO (X) Change ( ) Addition KIETH, JONATHAN 641 SHORE DRIVE BOYNTON BEACH, FL 33435 VPD (X) Change ( ) Addition CHANDLER,NANCY 914 NE TTH STREET BOYNTON BEACH, FL 33435 TO (X) Change ( ) Addition MORRIS, GENEVIEVE 660 SOUTH ROAD BOYNTON BEACH, FL 33435 SD (X) Change ( ) Addition DACAMARA, LULU 836 EAST DRiVe BOYNTON BEACH, FL 33435 I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 517, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered. VPD ( ) Delete KEITH, JONATHAN 641 SHORE DRIVE BOYNTON IBEACH, FL 33435 Title: Name: Address: City-St-Zip: TO ( ) Delete COOPER, BRADLEY 611 NE TTH AVENUE BOYNTON BEACH, FL 33435 Tille: Name: Address: City-st-Zip: SO ( ) Delete MELLEY, PAULA 720 MARINERS WAY BOYNTON BEACH, FL 33435 Tille: Name: Address: City-st-Zip: SIGNATURE: GENEVIEVE A. MORRIS Electronic Signature of Signing Officer or Director TD 04/2512009 Date ~!II~~Y~Te~ eRA iI East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: February9,201O I x I Consent Agenda I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Approval of Funding up to $1,500 from the Community Meeting Grant Program to Los Mangos Property Owners' Association, Inc. for their monthly community meetings. SUMMARY: On November 10, 2009 the Board approved the Community Meeting Grant Program. This program provides up to $1,500, on an annual basis, for Community Groups and HOAs, in the CRA District, to hold their meetings at a city facility. Los Mangos Property Owners' Association, Inc. has submitted an application for funding for their monthly meetings, held the 4th Wednesday of each month. Los Mangos Property Owners' Association, Inc. is requesting funding for their monthly meetings from May through October, 2010. They would like to hold these meetings at the Boat Club. The cost per meeting is $70.00 ($35.00 per hour x 2 hrs.). The total cost for these six (6) meetings is $420.00. Los Mangos Property Owners' Association, Inc. has requested that their Annual Association Meeting scheduled for December 2,2010 be held at the Senior Center. The cost for this meeting is $160.00 ($45.00 per hr. x 2 hrs. + staffing fee of$35.00 x 2 hrs.). No "damage deposit" is required. Los Mangos Property Owners' Association, Inc. has a deposit on file for each facility. FISCAL IMPACT: $580 from Project Fund 02-58500-470 CRA PLAN, PROGRAM OR PROJECT: Community Meeting Grant Program IONS: Approve the application for Los Mangos Property Owners' unity Meeting Grant. Theresa Utterback Administrative Services Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\02-09-1 0 Meeting\Los Mangos Property Owners Assoc Community Meeting Grant.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 Mr. Rodriguez felt this was the best time to redevelop. He recommended moving forward with an RFP and evaluating it. Vice Chair Hay could consider moving ahead with the RFP but requested hearing from the other speakers. Victor Norfus advised many individuals want to sell, but do not want to sell for the price the Community Redevelopment Agency wants to pay. Residents find out the going rate and hold out. He agreed staff should land bank, but did not want to rush things since the Master Plan was not agreed to. He thought the land could support a business incubator and advised the residents wanted to see something. The community was restless because nothing was being constructed. He reiterated there are start-up businesses that could benefit from a successful incubator, but advised not to construct a bunch of Habitat homes. He thought some retail should be constructed. Mr. Rodriguez left the dais at 7:39 p.m. Mr. Norfus indicated staff may have to pay more or wait longer, but staff should give hope and inspiration. Motion Vice Chair Hay moved to direct staff to prepare an RFP for the January 2010 agenda with the desired outcome included in the language of the RFP. Ms. Ross seconded the motion that unanimously passed. (Mr. Rodriguez not present for the vote.) b. Consideration of Reinstating Community Meeting Grant Program Ms. Brooks explained this item was a recommendation from the Community Committee. Although the Carolyn Sims Center was open, neighborhood associations had to pay for meeting space, which was problematic. This item would reinstate a program the Board had last year, which would allow the organization to come in and apply for assistance with paying a fee to the City to meet at one of the City's facilities. The funding was reprogrammed from a District III event to this program. Mr. Rodriguez returned at 7:42 p.m. Ms. Bright felt that If the program was reinstated, the Board would be pleased. The organization signs that they are liable for damages incurred to the facility. Motion Vice Chair Hay moved to approve the reinstating of the HOA Meeting Grant. Ms. Ross seconded the motion. Staff recommended covering the cost of the program. It was noted staff holds 21 events on Ocean A venue, and since the community wanted the program, this was the best way to fund it. After discussion, it was agreed the funds should come from the contingency account, so an event could be held on the south end of town. It was noted the Board had approved holding an event on the south end of town during the Budget Hearings. The amount to cover the 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10,2009 community meetings was $5,000 and each group could not exceed $1,500 annually. 'MIen the program was instituted two years ago. about $3,500 was expended for the year. Motion Mr. Rodriguez moved to pay for the program from contingency rather than taking $5,000 that was set aside for District III event Mr. Weiland seconded the motion. Vote There was a vote on the first motion to approve the programs. The motion unanimously passed. Vote There was a vote on the second motion to use funds from the contingency account. The motion passed 4-1. (Chair Tayfordissenting.) c. Consideration of Economic Development Programs 1. Rent Subsidy 2. Signage Improvement 3. Tenant Improvement Ms. Brooks explained this item was brought back at the request of a Board member. She explained some buildings were constructed in the 1920s. Areas that have older commercial corridors have high vacancy rates and a migration from older areas to newer areas, such as Congress Avenue, occurs. Del ray Beach instituted this program and experienced a high rate of success. The program encouraged new or existing business to occupy previously vacated space, and they would assist the business to become established over the next 12 to 18 months by paying a portion of the rent to the landlord for a limited amount of time. Discussion followed something needed to happen to draw attention to the downtown. In Delray Beach, the program was limited to a specified area. Additionally, some municipalities limit the assistance to certain kinds of businesses that are compatible with the vision of the downtown. It was noted the lease amount should exceed the subsidy, and it was recommended a multi-year lease be used. Staff also analyzed the businesses and their financial stability. Applican~~ should have a business plan with a five-year financial forecast within it and two years of tax returns as well. Staff could geographically limit the subsidy to types of businesses. The Delray Beach Community Redevelopment Agency budgeted $25,000 for the program this year. Ms. Bright believed the CDBG and HOB areas would probably be the most strategic area to implement the program, but after speaking to several successful Congress Avenue retail owners, it was learned rent subsidy up to three months and tenant improvement funding up to $2,500 was already being provided. If an applicant received rent subsidy, they might not be receiving Tenant Improvement. Ms. Bright believed EPOCH Properties and Woolbright Development needed assistance to entice businesses there. There was no federal funding for small business assistance available in any of the stimulus pfans. The program could be implemented as a pilot program through August of 8 ,., '; . I~ ~<1Y~Te~ C RA ^OO",~~N;: I 20tu COMMUNITY MEETING \ ~11l GRANT PROGRAM APPLICATION ,\ . F Date: -.- ....)/)' i/I :1e:> .j.""'7 Applicant Information Name of Community Group or HOA: LoS IYJIV1/G OS I1<.Of'f::ftry DWlJeRS !Issac, ~ J' ..---? Name and Title of Group Contact: Ic-r~t(l'le,k 1.~jl6f' Address of Community Group'orHOA: 5'70 5F .:28tit !1l1eJlJ,Ve, RtI:tJt.fv'1.tc.lt :1,SY-15' Address of Group Contact: ;b cO 1 ~ S E ;)'R f It {~Y'" .5 314 i tSr9yt;r,Io..1.. l3..,h I FL .j 3l.{:S~- . Phone Number: (stO r) ~oo- 5..3q ) E-mail: 5 rq fa!:) lor d) 9 fHLt II . C(?~ "* Location of Meeting: j!!>Cr- t c...t i) h _~~I\ \)(It'll.~ be.I~u)) S 02. va. I 19 {I t.u/;te r DN I. 'J.. \?IO Date of Meeting: .m a j ~ <i> , J. 0 I 1) :.r; J d (J Q. s Tv ~ c1l- ~ A 1.11 ~ ~ 9fll!Jt-;) 1.. ~d.).. 7- I J I ' / 'j ( Hours of Meeting: Ii ({ """'11ft-il",,:'J f,. d, ;:10 to I! ; 1 b The applicant(s) certify that all information preS$nted in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Homeowners Association Grant Program, and it is true and complete to the best of the applicant(s) knowledge and belief. Applicant(s) understand that damages to any City facility cannot be reimbursed by the eRA and will be the sole responsibility of the applying community group or HOA. ApPlicant:-Y1t1~ Signature r;p"l'/~k C~ {e>r' ,-7i~45, Print Name: Date: ,1:)./ /;).010 I I Applicant: Signature Print Name: Date: Boynton BeaCh Community Redevelopment Agency Community Meeting Grant Application Reinstated November 10, 2009 Print Page Page 1 of 1 operty Details Owner Infonnation PCN: 08434533250000683 View Property Details Name: LOS MANGOS POA INC ocation: 2634 SE 5TH CIR Mailing: 622 NW 53RD ST STE 300 BOCA RATON FL 33487 Preliminary Appraisal Value Market Value: $94,40 Assessed Value: $94,40 Exempt Amnt: $ Taxable: $94 40 Preliminary Tax Value Ad Valorem: Non ad valorem: Total: Sales Info Sale Date 09/1812008 02118/1999 04/01/1995 09/01/1986 01/01/1979 I ,rod"," by """'" Los Mangos Palm Beach County _ Property Appraiser Gary R Nikolits, CF A' . http://maps.co.palm-beach.fl.us/papagis/printing/papaLayout.aspx 1/22/2010 . CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT Facility/Field Use Application Form ORGANIZATIONIINDIVIDUAL: 4S \1,\ o..v\'g.(9~ ?rf)~'1 Type: Individual ~ Business _ Non-profit CONTACT PERSON (if organization)--fr ~ R.. 'o.{~l,l:){\ ADDRESS: SlJo -S t: f1f fit Avo nt/e I ,. / J " eJ 4? (tels A ~ 5(7l- ~ tl f I; 1'\ Other Bc)J~/l Bt.t 3~L-1..3 S- City Zip Code PHONE#'S: (HOME) Svt ~;).170 -b3.C\ l (WORK) (CELL) 1D3D..tits-'1$SS 1. FACILITY/FIELD: a~(.l-\ e\V'~ Rv\\ct\~ ROOM: 2. REQUESTED DATE & TIME (please indicate a.m. or p.m.): # OF PEOPLE: Single Use: Date Hours: from to Weekly: Dates Hours: from to ~~ Day of We~~W...rl Start Date: ~ 10 End Date: t>o-t 10 Hours: ~:10 /'ityl -I i 10 ~#1 3. SPECIAL INSTRUCTIONS (please use the "FACILITY/FIELD PREPARA TION REQUEST' form to detail special set up or maintenance requirements two weeks prior to event date) 4. PROGRAM INFORMATION (please check all appropriate categories): Educational Political Religious Recreational Private Function X Meeting Other (please describe below) Fund-raising* Admission Fee"" Food/Drink Being Served Food or Items Being Sold (list below) Please briefly describe type and purpose of meeting and if th~ meeting is a fund raiser, list for whom the funds are being raised: t\4-.S~'~{~~~ ~otlra M.tg~~ *If your function involves fund-raising or an entry/admission fee. please list information requested below: \ Projected Attendance: Gross Revenue: Entry FeefTeam: Entry Fee/Person: I agree to comply with all "special considerations" listed on the facilitylfleld use Information form. SIGNATURE OF APPLICANT: ~6/-I ~< DATE: '/~/J~,~ FOR OFFICE USE ONLY 1'2.. 5 11. '" 1\ 0 / Approved Facility Fee: hrs x $ -!. Ihr = $ ~r?'V .0 , Bill Code: NR_ R_; NP _ Prv_ Comm_ Field Use: hrs x $ Ihr = $ \ ..J., ~ Sub-Total Above $:=9';lO.OO ~~ Sales Tax (6.5% of suMotal) $ a"'. ~ D ~. Staffing Fee: hrs x $35/hr = $ Field Preparation ($35/hr per person). .. $ Custodial ($50-$150 per event). . '" $ Field Lights: hrs x $ Ihr = $ Rejected (reason) Authorized by: ~ ( atlon SupervIsor) Date: ~ - Deposit Payment (~ fees) $ _ Check # _ Date_ Balance Payment $_ Check # _ Date_ (including Damage Deposit) Proof of Insurance Rec'd Date: Or TULIP application & check fOlWarded to Risk _ Date:_ Revised 7124/08 No tax charged for non-profit groups. MUST attach copy of tax exempt certificate for non-profits. TOTAL FEE................... $~ a;m.61) ( .. r ("' *------ - Print Page Page 1 of 1 roperty Details Owner Information PCN: 08434533250000683 View Prooerty Details Name: LOS MANGOS POA INC Location: 2634 SE 5TH CIR Mailing: 622 NW 53RD ST STE 300 BOCA RATON FL 33487 Preliminary Appraisal Value Market Value: $94,40 Assessed Value: $94,40 Exempt Amnt $ Taxable: $9440 Preliminary Tax Value Ad Valorem: Non ad valorem: Total: Sales Info Sale Date 09/1812008 02118/1999 04/01/1995 09/01/1986 01101/1979 Palm Beach County Property Appraiser Gary R Nikolits, CF A e~ ~ ~I/; A~ Los Mangos http://maps.co.palm-beach.fl. us/papagis/printing/papaLayout.aspx 1/22/2010 CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT FACILITY/FIELD PREPARATION REQUEST NAME OF PROGRAM/GROUP/EVENT: ~s j1(a:.~~5> ~~fert':J Owl-tl/S !l-D..&C /';d~jj~ LOCATION:.d7P SC g.r'thbi.., d''(~'l J ?'r'!S DATE (S): /ltn.-flJ,J Jff"fj - dcf ~/I')/n PROGRAM TIME: BEGINS {, ;80 p~ ENDS g: 9<=> ptyL. SET-UP TIME 1J/t4 BREAKDOWN TIME M M #OF 8 FT. TABLES REQUESTED: # OF CARD TABLES REQUESTED: # OF CHAIRS REQUESTED: # OF 9FT./6FT ROUNDTABLES REQUESTED: PORTABLE SOUND SYSTEM REQUESTED: YES LECTERN REQUESTED: YES MOVIE SCREEN REQl)ESTED: YES NO J(' MICROPHONE AND STAND (CIVIC, SENIOR CENTERS & INTRACOASTAL PARK CLUBHOUSE): YES NO X ROOM ARRANGEMENT (Classroom style, theater style, U-shape, etc.): elp-.;:> ('" fI? ~ NO ex:. NO ;( ~~-~~~~~~~~~~~~~~-~-~-~~~~~~~~--~------~~---~------~~----------~-~--------~----- BASES REQUESTED: FIELD LINED: LIGHTS: FIELD DRAGGED: KEYS TO RESTROOM FACILITIES: FIELD ARRANGEMENT (Requirement for specific length between bases, etc): OTHER PERTINENT INFORMATION: CONTACT PERSON: ADDRESS: DATE SUBMITTED: PHONE #: APPROVED BY: FOR DEPARTMENT USE ONLY DATE: ASSIGNED TO: Revised 7/24108 . CITY OF BOYNTON BEACH STANDARD HOLD HA~MLESS AND INDEMNITY CLAUSE LfJ'S Mtlngcps P () !l. (Name of Lessee), Its Officers and Members shall, through the signing of this document by an authorized party or agent, indemnify, save and hold harmless the City, its agents and employees from any claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents or employees, by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, or arises out of the negligent or any act(s) or omissions of Lessee. 5/!;. peal vrl? r 1/ gJ / I a (')(0 Title Date 6)~t(6Z/ S ;4 -' Jot, I ~--/"~?c. ~UL~<.V' Title ~ DAMAGE DEPOSIT AGREEMENT (Name of Lessee), shall, through the signing of this document, agree to submit a "damage deposit' for use of a Boynton Beach Recreation and Parks Department facility ("facility") in the amount of $300. I understand that by signing this document and taking possession of the facility, I agree that the facility was in good, sanitary order, condition and repair, and with no defects of any sort, upon receipt. I understand that, as the lessee, I am responsible that the facility will be returned to the City in the same good, sanitary order, condition and repair as delivered to the Lessee. I understand that if, for any reason, there is damage to the facility upon completion of the Lessee's use of the faCility, and a City inspection of the facility is conducted, the damage deposit will not be refunded. I understand that should the City incur any costs or expenses for the clean-up of the facility following its use by the Lessee, these expenses will be deducted from the damage deposit and any additional charges will be the responsibility of the Lessee. As the Lessee, I also agree to complete any necessary clean up after the event, including the removal of any trash from the facility and its surrounding area, and removal of all personal items, including linens, chair covers, catering equipment, all left over food products, andlor disc JOCkey and band equipment prior to the Lessee's departure, as part of our fee waiver. I understand that no equipment or items of any kind brought into the facility can be left at the end of the event or stored at the facility either before or after the event per City of Boynton Beach Recreation and Parks Department Administrative Policy number 07-001. Signature of Representative Title Date Name of Organization Recreation & Parks Department Title Date Copies to: Lessee/Risk Management . ~~. Revised 7/24/08 . CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT Facility/Field Use Application Form I(fCotl :rrf~'pt Other ORGANIZATION/INDIVIDUAL: J...I!;!;. tffan1 t/~ 1;:;~,fJa;1j Type: _ Individual -K-. Business _ Non-profit ..,.,--.. CONTACT PERSON (if organization) F;.?ed ( ~ h> ,- ADDRESS: S 171) ~5 ~fl fit AVA-yt rJL g~YH-fpn &h I City 33'f.3~ Zip Code (CEll) e,$O..,rI~ s,q e 5 s ~ PHONE #'S: (HOME) 5~f -.;2bt/ -~qI (WORK) 1. FACllITYIFIElD: Sell (Dr Cq,-k..+o,... ROOM: 2. REQUESTED DATE & TIME (please indicate a.m. or p.m.): # OF PEOPLE: Single Use: Date j)e~ ~ '20 I 0 Hours: from;;' ; w fOWl to f / 3,!) p~ Weekly: Dates Hours: from to Monthly: Day of Week Start Date: End Date: Hours: 3. SPECIAL INSTRUCTIONS (please use the "FACILITY/FIELD PREPARA TION REQUESr tonn to detail special set up or maintenance reqiJirements two weeks prior to event date) 4. PROGRAM INFORMATION (please check all appropriate categories): Educational Political Religious Recreational Private Function }l Meeting Other (please desaibe below) __ Fund-raising* Admission Fee* Food/Drink Being Served Food or Items Being Sold (list below) Please briefly describe type and purpose of meeti~and if the meeting is a fundraiser, list for whom the funds are being raised: An M VIf, I II ~~t/)t- ( WI rct4. PJ,ge,..f,XfJ *If your function involves fund-raising or an entry/admission fee, please list information requested below: Projected Attendance: Gross Revenue: Enby FeelTeam: Enby FeelPerson: I agree to comply with all "special considerations" listed on the facility/field use information form. . SIGNATURE OF APPLICANT: 5I4g~~ . DATE: 11{)11.2~{) FOR OFFICE USE ONLY 0 ,., /" Approved Facility Fee: ~ hrs x $ ~ /hr = $ -,0. f::J U BiB Code: NR_ R_; NP _ Prv_ Comm_ FrekI Use: _ hfs x $-.-Jhr = $ Sub-Total Above $ Sales Tax (6.5% of sub-total) $ Staffing Fee: ~ hrs x $35Jhr = $ FJeld Preparation ($35Ihr per person). .. $ Custodial ($50-$150 per event). . . . . . $ Field Lights: _ hrs x $_/hr = $ go.oo ~ 9)5 70 .0 cJ ~ Authorized by: Date: ~ ~~~~ Supervisor) Deposit Payment (% fees) $ _ Check # _ Date_ Balance Payment $_ Check # _ Date_ (including Damage Deposit) TOTAL FEE. . . . . . . . . . . . . . . . . . . No tax charged for non-profit groups. MUST attach copy of tax exempt certificate for non-profits. $JCO.~ lu 0 . ro Proof of Insurance Rec'd Date: Or TULIP application & check forwarded to Risk _ Oate:_ Revised 7/24108 CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT F ACILlTYIFIELD PREPARATION REQUEST NAME OF PROGRAM/GROUP/~VENT: 1-&5 Jf;faftLjo!-'" P/'Oft.-r!9 C9Cb'nt;l'J ;tf'>.ec..,'~;f/dA lOCATION: S B-VJ--: () (1 uvvt-er DATE (S): i)-ee- ~ ~/(!) PROGRAM TIME: BEGINS (P :';>0 rJ1/f ENDS ~', fO P k SET-UP TIME AJ A4 BREAKDOWN TIME J2)) 11- , # OF 8 FT. TABLES REQUESTED: d.. # OF CARD TABLES REQUESTED: # OF CHAIRS REQUESTED: if (? # OF 9FT./6FT ROUND TABLES REQUESTED: ____ PORTABLE SOUND SYSTEM REQUESTED: YES NO ()( lEGTERN REQUESTED: YES NO ~ MOVIE SCREEN REQUESTED: YES NO V MICROPHONE AND STAND (GIVIC, SENIOR CENTERS & INTRAGOASTAl PARK CLUBHOUSE): YES NO x... ROOM ARRANGEMENT (Classroom style, theater style, U-shape, etc.): C)","> ~ V^ c9 t;?~ ___ BASES REQUESTED: FIELD DRAGGED: FIELD LINED: LIGHTS: KEYS TO RESTROOM FACILITIES: FIELD ARRANGEMENT (Requirement for specific length between bases, etc): OTHER PERTINENT INFORMATION: CONTACT PERSON: ADDRESS: DATE SUBMITTED: PHONE #: FOR DEPARTMENT USE ONLY APPROVED BY: DATE: ASSIGNED TO: Revised 7/24/08 CITY OF BOYNTON BEACH STANDARD HOLD HARMLESS AND INDEMNITY CLAUSE i~ IY/Q~'J(J6!!:. F,."fIJIJIj a~prt kJ'f I (Name of Lessee), lis Officers and Members shall, through the signing of this document by an authorized party or agent. indemnify, save and hold harmless the City, its agents and employees from any claim,. demand, suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents or employees, by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is , inciden to, occurs as a result of, or arises out of the negligent or any act(s) or omissions of Lessee. U ~~.>vref\ 1/.2I/~/o Title, Date · t)Wf1(J./'(, 11c~ 6e. t ttv...(;fZ>VI - ~ u;S6/ Title jCH ), a Date DAMAGE DEPOSIT AGREEMENT (Name of lessee), shall, through the signing of this document, agree to submit a "damage deposif' for use of a Boynton Beach Recreation and Parks Deparbnent facility ("facility") in the amount of $300. I understand that by signing this document and taking possession of the facility, I agree that the facility was in good, sanitary order, condition and repair, and with no defects of any sort, upon receipt I understand that. as the lessee, I am responsible that the facility will be returned to the City in the same good, sanitary order, condition and repair as delivered to the Lessee. I understand that if, for any reason, there is damage to the facility upon completion of the lessee's use of the facility, and a City inspection of the facility is conducted, the damage deposit will not be refunded. I understand that should the City incur any costs or expenses for the clean-up of the facility following its use by the Lessee, these expenses will be deducted from the damage deposit and any additional charges will be the responsibility of the lessee. As the lessee, I also agree to complete any necessary clean up after the event, including the removal of any trash from the facility and its surrounding area, and removal of all personal items, including linens, chair covers, catering equipment, all left over food products, and/or disc jockey and band equipment prior to the Lessee's departure, as part of our fee waiver. I understand that no equipment or items of any kind brought into the facility can be left at the end of the event or stored at the facility either before or after the event per City of Boynton Beach Recreation and Parks DepartJ:nent Administrative Policy number 07-001. Signature of Representative Title Date Name of Organization Recreation & Parks Department Title Date Copies to: ' Lessee/Risk Management ~p~ Revised 7124/08 www.sunbiz.org - Department of State Page 1 of 2 , /) - - ~ - Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List RtiYm~ Entity Name Search Events No Name History I Submit I Detail by Entity Name Florida Non Profit Corporation LOS MANGOS PROPERTY OWNERS' ASSOCIATION, INC. Filing Information Document Number 740018 FElfEIN Number 591873665 Date Filed 08/30/1977 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 10/24/2005 Event Effective Date NONE Principal Address 570 S.E. 28TH AVENUE BOYNTON BEACH FL 33435 Changed 03/27/1990 Mailing Address c/o PRIME MANAGEMENT GROUP, INC. 6300 PARK OF COMMERCE BLVD. BOCA RATON FL 33487 Changed 10/24/2005 Registered Agent Name & Address RANDALL KROGER & ASS. PA ONE PARK PLACE 621 NW 53RD ST SUITE 300 BOCA RATON FL 33431 Name Changed: 04/26/2007 Address Changed: 04/26/2007 I i Officer/Director Detail Name & Address Title TD TAYLOR, FRED 2673 SE 28TH CIRCLE #53A BOYNTON BEACH FL 33435 Title PD FARLEY, ROBERTA 2842 SE 5TH CIR 25 B BOYNTON BEACH FL 33435 -~--...-/M_-l~+ a.V"~?"I{.t;{\n=nF.TFlL&ina doc number=740018&ina ca... 1/22/2010 www.sunbiz.org - Department of State Title VPD BOB, FRANK JR 2713 SE 27TH WAY 32 B BOYNTON BEACH FL 33435 Title SO HARRERA, ANTONIO 2810 SE 5TH CIR 59 A BOYNTON BEACH FL 33435 Title 0 MAGRO, ALFRED 510 SE 27TH WAY 35 B BOYNTON BEACH FL 33435 Annual Reports Report Year Filed Date 2007 04/26/2007 2008 03/24/2008 2009 03/26/2009 Document Images 03/26/2009 -- ANNUAL REPORT [. 03/24/2008 - ANNUAL REPORT [ 04/26/2007 - ANNUAL REPORT t 03/17/2006 -- ANN UAL REPORT t 10/24/2005 -- Reg. Agent Change [ 10/24/2005 - Amendment [ 02/09/2005 -- ANNUAL REPORT [ 05/03/2004 - ANNUAL REPORT t 04/14/2003 -- ANNUAL REPORT ( 04/28/2002 - ANNUAL REPORT l OS/24/2001 -- ANNUAL REPORT [ 04/17/2000 -ANNUAL REPORT [ 07/20/1999-ANNUALREPORT [ 02113/1998 --ANNUAL REPORT [ 08/19/1997 - ANNUAL REPORT [ 03/01/1996 -ANNUAL REPORT [ 04/20/1995 -ANNUAL REPORT [ Yiet..... irn8g..in PPf form~t ] View Im~g, ill POf format ] Vi.wJmfJJ,tln. f'Qf ~.t ] VI~VI. Imag, 'I) .PPF.fo,mmt ] VI'..... ,lrollg,J" PpF ~~t ] View im!1!g~j" PQF f9n1Ult ] Y~W 1~IM.l",PQF.fQfm/illt, ] V"WlOO9Ql II:.'; PPf=fQ(mQt ] V/tl..... 1m.'., in. PPf f9J:tt\fltt ] View Im~g,El.~ PQf f9Qnll!t ] Vi,." j!11.g,~il'l PpF fq~t ] Vl'-Wiroig,ll), PPf fqrm,. ] V~w Im_, 1l),pQff9Rt ] ViElwifl1ft~ !oPPffQfmlt ] View in.s... m PQf fQrn"t ] V~,."i!1lJ!l@ I" PPf ~t ] Yllffl Img, In ,PQffgfmlt. ] I Note: This is not official record. See documents if question or conflict. I Events No Name History Previous on List Next on List Return To List I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. Page 2 of2 Entity Name Search om. ._._.______ '"___ I Submit I http://sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=? 400 18&in~ ca... 1/22/2010 2009 NOT -FOR-PROFIT CORPORATION ANNUAL REPORT DOCUMENT# 740018 Entity Name: LOS MANGOS PROPERTY OWNERS ASSOCIATION, INC. FILED Mar 26, 2009 Secretary of State Current Principal Place of Business: New Principal Place of Business: 570 S.E. 28TH AVENUE BOYNTON BEACH, FL 33435 Current Mailing Address: CIO PRIME MANAGEMENT GROUP, INC. 6300 PARK OF COMMERCE BLVD. BOCA RATON, FL 33487 New Mailing Address: FE! Ntmber: 51-187311115 FEI Number Applied For ( I FEI Number Not Applicable ( I Certificate of Status Desired ( I Name and Address of Current Registered Agent: RANDALL KROGER & ASS. PA ONE PARK PLACE 621 NW 53RD ST SUITE 300 BOCA RATON, FL 33431 US Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent OFFICERS AND DIRECTORS: Title: Name: Address: Clty-St-Zip: Title: Name: Address: City-st-Zip: Title: Name: Address: City-St-Zip: Title: Name: Address: City-SHip: Title: Name: Address: City-st-Zip: Date ADDITIONS/CHANG IS TO OFFICERS AND DIRECTORS: TD ( ) Delete TAYLOR, FRED 2673 SE 2811i CIRCLE ~3A BOYNTON BEACH, FL 33435 ( ) Change ( ) Addition Title: Name: Address: City-st-Zip: PD ( ) Delete FARLEY, ROBERTS 2842 SE 5TH CIR 25 B BOYNTON BEACH, FL 33435 PD (X) Change ( ) Addition FARLEY, ROBERTA 2842 SE 511i CIR 25 B BOYNTON BEACH, FL 33435 Title: Name: Address: City-st-Zip: VPD ( ) Delete BOB, FRANK JR 2713 SE 27TH WAY 32 B BOYNTON BEACH, FL 33435 Title: Name: Address: City-st-Zip: ( ) Change ( ) Addition SD ( ) Delete HARRERA, ANTONIO 2810 SE 5TH CIR 59 A BOYNTON BEACH, FL 33435 ( ) Change ( ) Addition Title: Name: Address: City-st-Z1p: D ( ) Delete MAGRO, ALFRED 510 Sf 27TH WAY 35 B BOYNTON BEACH, FL 33435 ( ) Change ( ) Addition Title: Name: Address: City-st-Zip: I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered. SIGNATURE: ROBERTA FARLEY Electronic Signature of Signing Officer or Director PO 0312612009 Date ~~~~Y~T2~ eRA iIIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: February9,201O I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of Contribution to The Greater Boynton Beach Sister Cities Committee, Inc. for their 7th Annual Young Artists Showcase in the amount of $1 ,500. SUMMARY: The Greater Boynton Beach Sister Cities Committee, Inc. has requested that the CRA contribute $1,500 to their 7th Annual Young Artists Showcase (see attached letter). The funds will be used for exhibit costs, trophies and cash awards to the winners and their school art departments. Students from Galaxy Elementary, Poinciana Elementary, S1. Mark School and Boynton Beach High School were included in the competition which is showcased at the Boynton Beach Library. In the past, the event received assistance from the City and other area businesses. That assistance is no longer available. FISCAL IMPACT: $1,500 from General Fund 01-51010-203 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan and Heart of Boynton Redevelopment Plan MENDATIONS: Approve $1,500 contribution to The Greater Boynton Beach Sister mmittee, Inc. for their 7th Annual Young Artists Showcase. isa Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPOR TS\Completed Agenda Item Request Fonns by Meeting\FY 2009 - 2010 Board Meetings\02-09-1 0 Meeting\Contribution to 7th Annual Young Artists Showcase. doc "ft,fff.. SI'TFR C I T I L S I t J T E P. :, ;~ T I 0 ~; :~ L The Greater Boynton Beach Sister Cities Committee, Inc. 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425 January 31, 2010 Lisa Bright, Executive Director Community Redevelopment Agency City of Boynton Beach 915 S. Federal Highway Boynton Beach Area, Fl. 33435 Dear Lisa, We are preparing to host our 7th Annual Young Artists Showcase and are asking for your support. Young Artists Showcase is a program of Sister Cities International for middle school and high school students. Boynton Beach Sister Cities, partnering with the Education and Youth Advisory Board of the City of Boynton Beach, has added elementary school students to the competition and, this year, is adding a Young Authors component as well.. The 2010 theme, Your world..., encourages our youth to explore global citizenship and the importance of diverse multi-cultures through their artistic creativity. Last year, we received 144 entries from the students of Boynton Beach and Qufu, China, our Sister City. Some of the entries are currently on display at Children's Services Council in Boynton Beach. Each year we exhibit the submitted work, making this a community event. The Young Artists Showcase will again be on display at the Boynton Beach City Library for the month of April. Students from Galaxy Elementary, Poinciana Elementary, St. Mark School and Boynton Beach High School were included in the competition. Based on last year's expenses, we anticipate our costs this year to be approximately $2,800. This provides exhibit costs (matting, hanging, etc.) trophies and cash awards to the winners and their school art departments. In the past we have received assistance from the City of Boynton Beach as well as receiving financial support from a number of area businesses. That support is no longer available. The Youth and Education Advisory Board does assist us with the costs of the awards reception. Currently, we have approximately $2,000 in our treasury, from fund raising efforts, for this program as well as our other expenses. We do need some community support in order to sustain this program, which is growing each year. We are asking the CRA to contribute $1,500 to the Young Artists Showcase. Of course, your support will be indicated in all of our printed materials. Thank you for your consideration. Sincerely, 7~N~~ BOARD OF DIRECTORS Jeanne Heavilin, Pres.eChristiane Francois, V. Pres.eCarol Miller, See't.eJim Williams, Treas. Dan DeCarloeDr. Judith GarciaeJayne KuppermaneBrian MillereStormet Norem ~1~~Y~Te~ eRA iIIi East SideN West S.,deN Seaside Renaissance REVISED ;k. {L<Ah~~ /;a f&i;;~ 14t 1ie~~f - I. ju~~~ a{c~- ~ CRA Board Meeting Tuesday, February 9, 2010 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order - Vice Chairman Woodrow Hay II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda 1. Board Attorney Request for Closed Door Session to Discuss Litigation (see XI, F, G below) B. Adoption of Agenda V. Announcements & Awards: A. Ocean Avenue Concert B. Movies on the Ave. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting January 12,2010 B. Approval of Period Ended January 31, 2010 Financial Report C. MontWy Procurement Purchase Orders D. Approval of Community Meeting Grant to Inlet Cove Association, Inc. (INCA) E. Approval of Community Meeting Grant to Los Mangos Property Owners' Association IF<>: r .~. ~~~<tY~Te~ eRA Ii East Side-West SIde-Seaside Renaissance eRA BOARD MEETING OF: February9,2010 I I Consent Agenda I Old Business I I New Business I I Public Hearing I X I Other SUBJECT: CRA Policing Activity Report for the Month of January, 2010 and District Stats for Months of December, 2009 and January, 2010. (lnfo.Only) SUMMARY: Monthly report, providing activity and data on Crime in the CRA District: December 2009: . Crimes - 53 . Arrests - 6 . Calls for Service - 1375 January 2010: . Crimes - 52 . Arrests - 8 . Calls for Service - 1375 FISCAL IMPACT: Cost budgeted in FY 2009-2010 from Project Fund 02-58500-460 CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations RECOMMENDA TIONS: Info. Only MONTH: JANUARY 2009 eRA Police Team MONTHLY ACTIVITY REPORT 01/04/10 '-.Condl.tl::ted trafficenfotcementwithinthe>>~ of BOynton. j;~'surveUtance~t atatget }ocatiQDIo\l9tl8the S..F<<ieral Hi~way Corridor. '. Attempted tQ pick up one car jackin,g s~pect and onemurdetsuspeCt. ij';,w'A:ssisted tOlldpllttOl Witbcalls for service ..Burglary suppression within Boynton Isles ..PatrQIled theelltireCRA. District in vehicles with extra attention given to the. Heart of Boynton in multiple tmmed and unmatked vehicles. rExtra patrols in Boynton Isles, Inca Homes, Marina Village, Boat Club Park, Intracoastal Park, and Jaycee , Park. -Assisted road patrol and the detective bureau by apprehending a burglar in the process of burgling Jo AI's Restaurant. ~Patrolled the FederarmghwayCorridor in vehicles. 01/11/10 - Officers met with state attorney reference to upcoming operation. - Officers conducted investigation throughout eRA District in reference to upcoming operation. - Surveillance at a target location within the CRA District. ..Patrolled the S. Federal HighwaY Corridor for.prostitutes .Assisted the traffic unit with locating a hit aJld run suspect vehicle. - Assisted with the Bulld()g Rock and Roll Band's performance on Ocean Ave. - Assisted road patrol with calls for service to include BOLOing for twQ separate strong armed robbery " suspects. 01/18/10 ;' ..Provided security at Sims Center for S.BD Program .; -Assisted roadpatfol With calls for service. -Patrolled the entire CRA District in vehicles. Trnfficenforcementwitbin the He~ of:aQ-ypton. . Arrested one fort1eeing-.ael~ DWLS, -.a resistipg ~est without violence. 2F 1M at ,.E{xtra patrols at Marina Village, Fitst FinaQcilll Plaza, and Jaycee Park Patr:olledtbes. F~Ufwa Corndorin marl<;c;ldall(!:un.,marlctxi vehi<,1les. 01/25/10 -Extra Patrol in Mirabella Villas: . Arrested two at 800 Villa Circle. One was charged with tampering with evidence and possession of I schedule IV pill. The other was charged with possession of2 oxycodone pills. 3F 2C -Extra Patrol at 209 North Federal Highway in reference to homeless: . Arrested one at 217 N. Federal Highway for trespass after warning. 1M - Burglary suppression in Seagate, Sterling Village, and Colonial Club as well as numerous other housing developments along the S. Federal Highway Corridor - Provided security for the arrival and showing of the Budweiser Horses. - Assisted road patrol with calls for service. - Patrolled the Federal Highway Corridor in vehicles. . Arrested one at 2314 S. Seacrest Boulevard for possession of3 schedule III narcotics. IC IF - Provided security at Sims Center for SBD Program - Continued our investigation with the CAT unit. - Assisted the detective bureau with calls for service - Patrolled the entire CRA district in vehicles. - Conducted traffic enforcement within the Heart of Boynton. - Extra patrols at Jaycee Park, Boat Club Park, Intracoastal Park, Marina Village, Mangrove Park, First Financial Plaza, and 209 N. Federal Highway. - Assisted road patrol with calls for service - Extra patrol at Marina Village and First Financial Plaza. - Assisted road patrol and detective bureau by BOLOing for a theft suspect - Provided securi at Sims Center for SBD Pro //'1 ( \1> ( ,,111i ,/1. 111,/ / O/k//I//, , 4- 16 t- [K] Misdemeanor Felony Citations Warrant Arrests Charges Filed Wa.i'fimts Executed I TOTAL ARRESTS Cocaine ~ Methamphetamines 1- ... ... Marijuana I Heroin Schedule II Schedule III Schedule IV Guns Cash Vehicles ~ 4 6 16 Boynton Beach Police Department Year-To-Date Crime Comparison Report 2009 I 2010 CRA District January 2010 CRIMES Jan-10 Jan-09 + I - Dec-09 + 1- V-T-O V-T-O + 1- 2010 2009 Criminal Homicide 0 0 0 0 0 0 0 0 Sexual Offense 0 0 0 0 0 0 0 0 Robbery 4 4 0 4 0 4 4 0 Aggravated Assault 3 10 -7 6 -3 3 10 -7 Burglary 11 15 -4 12 -1 11 15 -4 Larceny 33 26 7 29 4 33 26 7 Auto theft 1 1 0 2 -1 1 1 0 TOTAL 52 56 -4 53 -1 52 56 -4 CLEARED BY ARREST Jan-10 Jan-09 + 1- Dec-09 + 1- V-T-O V-T-O + 1- 2010 2009 Criminal Homicide 0 0 0 0 0 0 0 0 Sexual Offense 0 0 0 0 0 0 0 0 Robbery 1 1 0 2 -1 1 1 0 Aggravated Assault 1 2 -1 2 -1 1 2 -1 Burglary 2 1 1 1 1 2 1 1 Larceny 4 7 -3 1 3 4 7 -3 Auto theft 0 1 -1 0 0 0 1 -1 TOTAL 8 12 -4 6 2 8 12 -4 Jan-10 Jan-09 + 1- Dec-09 + 1- V-T-O 2010 1375 V-T-O 2009 1534 + I - 1375 1534 -159 1375 o -159 2/1/2010 t:,. ;J~~~ .~~! ')'1', ," " ~l\;.,: "' ' . '.1 -::'""6.f. ~,_. { ~ " . ~~'./ \ Z:f~t* ~ L )\;'i::~ < ..'>i \$h );;~:- M-m~_:,......",.~~. . 'to ,- ",," ,. c~i Construction noise from Marina Executive Director 1/15/2010 shelamartin57@gmail.com Shela Martin N/A Renovation replied via email Thank you letter for $500 Habitat for Humanity of donation for South Palm Beach Collegiate 1/25/2010 Letter County Challenge 2010 N/A "' -----Original Message----- From: shela martin <shelamartin57@gmail.com> To: Bright, Lisa CC: Bressner, Kurt; Simon, Michael; Taylor, Jerry; Hay, Woodrow; jreguez@aol.com <jreguez@aol.com>; marlene ross@yahoo.c6m <marlene ross@yahoo.com>; Weiland, Ronald Sent: Fri Jan 15 17:24:04 2010 - Subject: Re: Marina Piling Work and Construction Oh, that is just lovely for the folks down here that are only here for the winter months. Apparently nobody gave that any consideration when scheduling the loud part of the construction. People alreay have enough difficult getting their places rented and having non stop off/on loud construction during the winter months does nothing to help this situation. So I take it what you saying is the piling work is not just a few weeks, it will take place at times you cannot inform me of off and on for the next four months. That is even worse that what I originally suspected. Also, FYI, erecting a 4 x 5 sign in front of a development does not inform residents at nearby communities that loud noise is going to start and continue for months. I see no point in attending one of the meetings! ! On Fri, Jan 15, 2010 at 4:29 PM, Bright, Lisa <BrightL@bbfl.us> wrote: Dear Mrs. Martin, My question was not meant to anger you; but rather to determine if we need to meet with you, your Board, neighborhood or community to explain the project. I serve on the Master Board for Marina Village and thought possibly we had met during one of the several meetings the eRA held regarding the upcoming marina renovations. Today, I have confirmed with the property management office that no complaints have been registered about the noise. Moreover, the eRA Board has discussed this project for more than three years at various publicly noticed board meetings. The Boynton Harbor Marina renovation project is on private property and is required to follow all city ordinances, permits and code enforcement notices. As of today's date, the CRA has not received any such violations. We have CRA staff on site, a marina manager and a project consultant overseeing the scheduled project timelines provided by Shoreline Construction. There was some early morning loading/off loading last week, but the actual construction work does not start until after the Sea Mist boat leaves the dock which is 8:00 a.m. and continues until 4:00 p.m. weather permitting. The piling installation schedule will be sporadic over the next several months as the work will be completed in phases. There wili be periods of piling work followed by periods of dock/deck work. According to Shoreline's most recent project schedule, all of the pilings should be completed by end of April barring any unforeseen circumstances and weather permitting. 1 The projected completion for the submerged construction is scheduled for end of May. In November of 2009, the CRA erected 4' x 5H Boynton Harbor at the Ocean Avenue marina and the entry of Casa Lorna Boulevard. Forum Publishing ran the attached feature article ran December 3, 2010. Marina Renovation Signs The Sun-Sentinel and 2009 and January 11, Your complaint will be placed on the "CRA Board Complaint LogU for the February 9th CRA Board meeting. If it is more convenient you can attend next Tuesday, January 19th, City Commission meeting held at City Hall in the Commission Chambers starting at 6:30 p.m. and address the Commission under "Public Comments." Sincerely, Lisa Bright From: shela martin [mailto:shelamartin57@gmail.com] Sent: Friday, January 15, 2010'2:26 PM To: Bright, Lisa; Bressner, Kurt Subject: Re: Marina Piling Work and Construction Ms. Bright, We live next door but I'm not sure what our location has to,do with us getting a simple answer. We'd like to know WHEN this pounding noise will stop. We understand that a redevelopment is going on in BB but it'd be good if information was given to the public. Also, we've talked to people at Marina Village that knew nothing about the construction schedule. I don't know if you've been over there in the morning but it is a very loud continuous noise that happens repeatedly every 3-4 seconds and it starts early in the morning and continues for at least three hours. Please let us know when it is scheduled to be completed. Thank you, Shela & John On Fri, Jan 15, 2010 at 1:52 PM, Bright, Lisa <BrightL@bbfl.us> wrote: Good afternoon Mrs. Martin, 2 Would you please let me know if you live in Marina Village? If not, which corrununity? Thank you. Lisa Bright Executive Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 www.boyntonbeachcra.com <http://www.boyntonbeachcra.com/> 3 ~~~~Y~T8~ eRA iiII1 East Side ~ West Side~ Seas'lde Renaissance eRA BOARD MEETING OF: February 9, 2010 I I Consent Agenda I I Old Business I I New Business SUBJECT: eRA MEDIA and ADVERTISING Public Hearing I X I Other 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 ads and the monthly Google Analytics statistics for the number of individuals viewing the monthly Board Meeting PodCasts: Releases. Advisories. Articles and Ads: · Boynton CRA Launches Three Small Business Development Programs (eRA Press Release) · Free concerts continue in downtown Boynton Beach starting Jan. 15 (Article, Boynton Forum, Mike Rothman, Jan. 7) · CRA Program wins state award (Article, Boynton Forum, Jan.20) . CRA launches interactive downtown business map (Article, South Florida Bus. Journal, Jan. 22-28) · Florida Trend magazine (Ad for May 2010 issue - Florida Small Business) Goollle Analvtics ReDort- Monthlv PodCast Meetinl! Viewers: .Jan. 2 - Feb. 1,2010 38 hits FISCAL IMPACT: None ~;:A7~ Margee Walsh Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\02-09-10 Meeting\CRA Media January.doc ~1~qY~T8~lCRA _East Side"'West Side-Seaside Renaissance Media contact: Margee Walsh eRA Marketing Director (561) 737-3256, ext. 204 walshm@bbfl.us FOR IMMEDIATE RELEASE January 28, 2010 Boynton eRA Launches Three Small Business Development Programs New programs are aimed at making Downtown Boynton Beach attractive to small businesses. . . Boynton Beach, FL - While Federal stimulus dollars continue to flow to financial firms and other large U.S. companies, the Boynton Beach Community Redevelopment Agency (CRA) has developed a portfolio of economic development programs aimed at helping small businesses and commercial property owners remove barriers to expanding an existing or starting a new business. "We have space in the Downtown that our developers cannot rent because small business does not have the money to pay for the build-out, signage and lease costs," said Lisa Bright CRA executive director. "With the addition of these new programs to our existing economic development options, we are offsetting major costs to help make having a small business in the Downtown more affordable." The three new programs are: The Commercial Rent Subsidy program will assist with rent for the first year for a new or expanding business. It will pay one-half or up to $600 a month to the landlord for qualifying businesses. The Commercial Interior Build-out program will assist new or expanding businesses with the cost of interior build-outs. The CRA will invest up to $15,000 for qualified businesses depending on the number of jobs created. The Business Signage Improvement Grant program provides up to $1,500 in matching funds to install new signage. These new programs compliment the CRA's existing economic development programs; Small Business Development that prOVides free training, the Commercial Fa9ade Improvement Grant and the Downtown Business Google Map program that maps and displays videos of the businesses within the CRA District. Boynton Beach Commissioner and CRA Board Member Ron Weiland, a long-time, local small business owner, has come full circle to support CRA's expanded program offerings. "I originally did not support the these economic development programs; however, once I was out in the community and started talking with business leaders and shopping center owners, and heard that this was what they needed to strengthen the Downtown, I changed my position" said Weiland. "I now fully support these efforts because I believe these programs will help to fuel small business and revitalize downtown Boynton Beach." 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 about or to apply for a Boynton Beach CRA business development program, call (561) 737-3256, or go to: htto:/Iwww.bovntonbeachcra.comlarants.oho. ### Free concerts continue in downtown Boynton Beach starting Jan. 15 Boynton Forum, Mike Rothman on January 7, 2010 at 9:20 PM The Boynton Beach Community Redevelopment Agency is continuing to make an effort to bring free entertainment to local residents in what is at best an uncertain economic situation in South Florida. Ocean Avenue Concerts, previously known as the Oceanfront Concert Series, has a new venue on East Ocean Avenue with free concerts beginning Jan. 15 Kathy Biscuiti, CRA special events director, said the move was to put the concerts in the CRA District. "Oceanfront Park is not in our district and CRA funds can't be used in places outside our area," she said. "The CRA Board wanted us to move the events into our district" The move also avoids the need for a shuttle to the concerts, which was necessary before at Oceanfront Park. Local musical groups perform the third Friday of every month through May, from 6 to 9 p.m , offering a selection from oldies, rhythm & blues, calypso, reggae and even country music Biscuiti said free entertainment is more important now than ever, helping to take residents' minds off of the financial crisis. "Also we have seen younger families attend our events and there are two playgrounds nearby the new venue that should make their children happy," she said. The site for the concerts is the Ocean Avenue Amphitheatre at 129 E Ocean Ave, next to the Schoolhouse Children's Museum The first concert Jan. 15 will feature the Bulldog Rock 'n' Roll Band. Food and drinks will be available for purchase and folding chairs are recommended to be brought by residents Future dates include Feb. 19, March 19, April 16 and May 21. Biscuiti said the February band is Wildfire, a reggae band. The Sundown Country Band and Cricklewood follow in March and April. Lisa Bright, executive director of the CRA, said the consistency of the concerts and the turnouts from the community is the key. "It creates a cultural venue with the focus on music," she said. "Our goal is to keep it consistent As for Bulldog Rock 'n' Roll Band, drummer Carl Colaizzi said fans should expect a party that will be rocking all night "We have been together for 22 years and will bring '60s and '70s rock, with a four-part harmony and three horns," he said. The eight-person band also has a CIO and lawyer as part of the group. "We all have our separate lives and different jobs," he said. "We just got done performing for 3,000 people in West Palm for New Year's Eve." For information. call 561-742-6246 Mike Rothman can be reached at mkrothman@tribune.com. BOYNTON FORUM January 20, 2010 eRA program wins state award The Urban InFill Housing Development Program adopted in 2006 by the Boynton Beach Community Redevelopment Agen- cy recently won the Florida Redevelop- ment Agency President's Award, the top honor for best redevelopment project in the state. The winning project covered the pur- chase, construction and reselling of nine homes to low- or moderate-income fami- lies.in Boynton Beach. In an attempt to improve neighbor- hoods, the eRA began by purchasing six vacant lots from homeownersiltld partner- ing with local nonprofits to redevelop each lot. To make the homes affordable to buy- ers, the eRA sold the lots to different non- profits for $10 apiece, but required design standards, affordabillty levels and a devel- opment timeline. The newly-built homes have three bed- rooms, two baths, impact-glass windows, standing-seam metal roofs, granite coun- tertops, stainless-steel applianCes, washer- and-dryer units, an irrigation system, land- scaping and a one-car garage. TOP HONOR The Urban InFIII Housing Development Program adOpted by the eRA won the Rorlda Redevelopment Agency President's Award. . sUBMiTTED PHOTO l .. _fllrMl _.-at January 22-28, 2010 I The Boynton Beach Community Rede- velopment Agency launched an interactive downtown business map on its Web site that allows users to search for businesses within the eRA district by selecting one of five color- coded zones or by clicking on the type of service and exploring 27 categories. More than 400 local businesses are listed, along with contact information and description of services. www.boyntonbeachcra.com/map. BOYNTON FORUM (.... January 20, 2010 eRA program wins state award The Urban InFill Housing Development Program adopted in 2006 by the Boynton Beach Community Redevelopment Agen- cy recently won the Florida Redevelop- ment Agency President's Award, the top honor for best redevelopment project in the state. The winning project covered the pur- chase, construction and reselling of nine homes to low- or moderate-income fami- lies-in Boynton Beach. In an attempt to improve neighbor- hoods, the CRA began by purchasing six vacant lots frc;>m homeowners-and partner- . r~f;'~ , ing with local nonprofits to redevelop each > -;'t~;;, ," lot. .' < To make the homes affordable to buy- ers, the CRA sold the lots to different non- profits for $10 apiece, but required design standards, afford ability levels and a devel- opment timeline. The newly-built homes have three bed- rooms, two baths, impact-glass windows, standing-seam metal roofs, granite coun- tertops, stainless-steel applianCes, washer- and-dryer units, an irrigation syst~in, land- scaping and a one-car garage. (- ( ... TOP HONOR The Urban InFilI Housing Development Program adopted by the eRA won the Florida Redevelopment ~e':lcy President's Award. SUBMITTED PHOTO , . .c QJ ~j ..c. 10 U .... c: '" .~ - fa 0 .2 t x CD ~ .... 0 QJ ~~~~ 10 Q. VI m QJ E ~ 0\ '> QJ .- ..!. .... 10 C C\ c:- QJ o.;f _ 10 l!! c: ..c. c: Z<~ 0 0;;: c: u .2 ..c. ~m 10.... .... .... QJ I'CI ..c. '" ~! C o u caE o~ QJ ",0 E~ == .2: ~ QJ U .... .,;;1 .... 0- -c: c: c: ~...- - .... ... '" c: ~- == QJ .... I'CI c:"C 0 U m c:- .~ QJ.... QJ g .... Ec( c: .... \C c !1 == c: an Q."C 0 QJ N ~ o c: "C E I::!e _ I'CI QJ- QJ >- .0 0 E Q. ~ 10 "C~ .g 0 ctw\O "C ~ ~~ ~ .."U .... ::I . . 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Time on Pageviews Page Icraoverview_videos_011210Jl1.ph p 10 Icraoverview_videos_120809Jl1.ph p /video_PBC _21 Strategic_Plan.php Icraoverview_videos_120809Jl2.ph p 9 7 3 Icraoverview_videos_011210Jl2.ph p 2 Icraoverview_videos_060909Jl1.ph p 2 Icraoverview _ videos_ 060909Jl2.ph p Icraoverview_videos_081009Jl1.ph p Icraoverview_videos_081009Jl2.ph p 1 Icraoverview_videos_111009Jl1.ph p 1 Bounce Rate 0.00% Site Avg: 57.31% (-100.00%) 8 00:00:52 6 00:00:56 7 00:10:55 00:03:07 2 00:00:05 00:00:17 00:28:31 00:02:56 00:01 :08 00:00:24 % ExIt 15.79% Site Avg: 46.48% (-66.03%) $ Index $0.00 Site Avg: $0.00 (0.00%) Bounce Rate % Exit $ Index 0.00% 10.00% $0.00 0.00% 0.00% $0.00 0.00% 42.86% $0.00 0.00% 0.00% $0.00 0.00% 50.00% $0.00 0.00% 0.00% $0.00 0.00% 0.00% $0.00 0.00% 0.00% $0.00 0.00% 0.00% $0.00 0.00% 0.00% $0.00 1-10of11 Google Analytics ~ Habitat -- , " for Humanlty@ of South Palm Beach County Board Officers Steve Echols, President Theatrics of Lake Worth Dave Adams, Vice President Adams Insurance Services, LLC L. Diana Hileman, Secretary Rutherford Mulhall, P.A Nancy Proffitt, Treasurer Proffitt Management Solutions Board of Directors Peter Blacklock Ruden McClosky Dan Castrillon The Scirocco Group Rev. Clarence Ellington St. Paul A.M.E. Church Bill Fagin p o.T Asset Management h ,oward Sklar Furnishings Judy Ijams Retired; Palm Beach Cty. Schools Mike Owen Coldwell Banker Realty Douglas Parker McGulick Pool Installation Michael Rosenberg Centurion Capital Fund LLC Louis Spagnuolo WCS Lending LLC Robin Williams Palmetto Park Title Company Tax ill: 65-0307017 www.habitatsouthpalmbeach.org 181 S.E. 5th Avenue Delray Beach, FL 33483 561-819-6070 Fax: 561-819-0173 www.habitatsouthpalmbeach. 0 rg January 25, 201 0 Mayor Jerry Taylor Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 Dear Mayor Taylor, THANK YOU!! On behalf of the Board of Directors, our Staff: and especially the partner families of Habitat for Humanity of South Palm Beach County, Inc., I would like to thank you and the Boynton Beach CRA for your donation of$500.00. It will help us give a great experience to the students visiting Boynton Beach for Collegiate Challenge 2010. We appreciate the support and good will of our individual and corporate neighbors in our effort to provide affordable housing in our communities. Chartered in 1991, Habitat for Humanity South Palm Beach County supports the communities of Boca Raton, Delray Beach, and Boynton Beach, Florida. Seventy-nine new homes have been completed to date, representing housing for over 300 adults and children. The security and stability that our partners gain from owning their own homes is made possible by support like yours, and, with your help, we will continue to accomplish great things in our community. For tax purposes, we would like to state that no goods or services were given to you as a result ofthe donation. Again, thank you and Happy New Years! Sincerely yours, ..eiu.o 8\u:~ Gina Graves Development Director ~ EQUAl HOUSING LENnF~ ~1II~qY~Te~ eRA . East Side-West Side-Seas'lde Renaissance eRA BOARD MEETING OF: February 9, 2010 I I Consent Agenda IX I Old Business I I New Business Legal Other SUBJECT: Consideration of Supporting Ongoing Maintenance of Landscaping on SE 4th Street SUMMARY: In December, CRA staff was contacted by City Recreation and Parks staff regarding a grant they were applying for landscaping for Pence Park and SE 4th Street from Ocean to SE 12th Avenue. City staff asked if the CRA would be amenable to paying for the ongoing maintenance of the landscaping that would be installed on the SE 4th Street medians using the grant funds. City staff is proposing the installation of 60-72 sabal palms. If the grant is awarded to the City, planting should be completed by fall of201O. Maintenance items include fertilization, mulching, trimming and litter control. The City will be using reclaimed water for irrigation of the plantings. City staff estimates the annual cost of this maintenance is approximately $800 per month or $9,600 per year. The impact to the CRA budget would not occur until the end of fiscal year 2010/2011. City staff indicates that there are no City funds available to pay for maintenance. Background: · The City and CRA have an ILA for the cost sharing of construction of improvements on SE 4th Street (See Attached ILA). The second amended ILA calls for the CRA to pay $973,000 of the project costs. . The CRA was awarded $300,000 for the project from County Commissioner McCarthy which the CRA subsequently awarded to the City. . The City was awarded a grant from South Florida Water Management District in the amount of $995,663 for this project. . The total project cost is $2,466,048 per the bidder selected. . The CRA is carrying 83% of the project cost before this current request (See attached spreadsheet). · Originally, when this project was being planned in 2005, the CRA's funds were to be used for streets cape elements. . CRA funds are now being used to supplement the City's utility funds. FISCAL IMPACT: Up to $9,600 per fiscal year beginning in 2010/2011. CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\02-09-10 Meeting\Maintenance SE 4th.doc ~!I~~Y~T8~lCRA . East Side-West Side-Seas',de Renaissance RECOMMENDATIONS/OPTIONS: Staff does not recommend approval of this request. ~ r;--- ~A~. Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\02-09-10 Meeling\Maintenance SE 4th.doc SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON BEACH TO PROVIDE FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET This Second Amendment to the Interlocal Agreement, is made and entered into this _ day of 2009, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA" and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "City," and WITNESSETH; WHEREAS, the CRA and the City entered into an Interlocal Agreement dated February 7, 2006 (the "Interlocal Agreement"); and WHEREAS, the CRA and the City entered into Amendment No. 1 to the Interlocal Agreement dated December 9,2008; and WHEREAS, the CRA and the City agree to amend the Interlocal Agreement as hereinafter set forth. NOWTHEREFORE, In consideration of the terms and provisions hereof and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties it is agreed as follows; 1. Section 3. COMPENSATION is hereby amended by revising the following Paragraph 3.02 to read as follows; 3.02 The Table 1 'CRA Share' of $1,273,000 will be reduced to $973,000 upon the receipt of the Count grant in the amount of $300,000, which grant although awarded to the CRA will be paid directly to the City. Such grant is expected to be paid no later than September 30, 2009. The remaining balance to be paid by the CRA to the City of $973,000 will be paid to the City upon billing by the City after the receipt of Tax Increment Revenue from the City of Boynton Beach and Palm Beach County for the Fiscal Year 2010/2011. However, if construction related to the CRA Share is not completed, no funds will be expended until and unless such construction is completed and the CRA receives supporting documentation of such completion of the CRA Share. Payments shall be made by the CRA no later than thirty (30) days after receipt of an invoice and the supporting documentation from the City. Said payments will be made payable to the City of Boynton Beach and mailed to Attn: Finance Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425. In the event of any dispute between the City and consultant(s) or contractor(s) over the right to receive all or any payments under the contracts(s), the CRA shall comply with the direction of the City and shall be indemnified by the City as set forth in Section 6 below. C:\Documents and Settings\brooksvi\Local Settings\Temporary Internet Files\OLKII \Amendment No 2- 4th Street !LA (2).doc . 2. In all other respects, the parties ratify and confirm the Interlocal Agreement dated February 14, 2006 and Amendment NO.1 dated December 9,2008. IN WITNESS WHEREOF, the parties have set their hands and seals this _ day of ,2009. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida. By: Jerry Taylor, Chairman Approved as to Form: Jim Cherof, Esquire CITY OF BOYNTON BEACH, a municipal corporation organized and existing under The laws of the State of Florida. By: Jerry Taylor, Mayor Janet M. Prainito, CMC City Clerk CITY SEAL C:\Documents and Settings\brooksvi\Local Settings\Temporary Internet Files\OLKll\Amendment No 2- 4th Street ILA (2).doc SE 4th Street Utility & Streetscape Original Budget (after grants) $ 4,055,288 Low Bid (4/21/09) $ 2,466,048 Difference $ 1,589,240 CRA Share of Cost (per 2nd amendment to ILA) $ 973,000 Low Bid (4/21/09) $ 2,466,048 Grants to City from SFWMD (995,663) County Grant (to CRA) (300,000) Project Cost Less Grants 1,170,385 CRA Contribution per Amendment 2 (973,000) -83% Revised City Project Cost $ 197,385 page I UJ __ Brooks, Vivian from: Hall, Glenda Sent: Wednesday, January 06,20109:42 AM To: Brooks, Vivian Subject: RE: grant for SE 4th ST. Vivian In the grant we can probably have 60-72 sabal palms installed in the medians with the recfaimed water for irrigation (2 bubblers @ each palm). There will be about 1500 linear feet of bed area in the medians. It will be about 2 years before the palms would need to be pruned and the estimate for that is $20/ palm. The fertilizing ( 3x/year) and mulching (1 x/year) with a general litter control would probably average out to about $800 per month. Please let me know if I can answer any more questions. Glenda From: Brooks, Vivian Sent: Tuesday, December 15, 20094:12 PM To: Hall, Glenda Subject: RE: grant for SE 4th ST. Thanks. Vivian L. Brooks Assistant Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 brooksyi@Pbfl.us "Energy and Persistence Alter All Things." Benjamin Franklin From: Hall, Glenda Sent: Tuesday, December 15, 20094:12 PM To: Brooks, Vivian Cc: Bright, Lisa Subject: RE: grant for SE 4th ST. Vivian I will get a rough estimate as soon as possible. Glenda From: Brooks, Vivian Sent: Tuesday, December 15, 20094:10 PM To: Hall, Glenda Cc: Bright, Lisa Subject: RE: grant for SE 4th ST. I will need to put this on the January Board agenda with a proposed budget and plans. The meeting is 1/12. Can you have the information for me by 1/5? Page 2 of2 Vivian L. Brooks Assistant Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 brook$vi@bbfl,u$ "Energy and Persistence Alter All Things. " Benjamin Franklin From: Hall, Glenda Sent: Tuesday, December 15, 2009 4:08 PM To: Brooks, Vivian Subject: RE: grant for SE 4th ST. Vivian Jody & I will have a meeting in Jan. as to how to do all the paperwork for the grant. I is due Feb. 12th. I twill be awarded on or about March 31st. As soon as I get the plans from Paull will give you a better idea of quantity of sabal palms and then maintenance costs can better be determined. Glenda From: Brooks, Vivian Sent: Monday, December 14, 2009 5:16 PM To: Hall, Glenda SUbject: RE: grant for SE 4th ST. What is the timeline for the grant application? Vivian L. Brooks Assistant Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 broQ!<$vl@bbftus "Energy and Persistence Alter All Things. " Benjamin Franklin From: Hall, Glenda Sent: Monday, December 14, 2009 5:15 PM To: Brooks, Vivian Cc: Roberts, Christine; Livergood, Jeffrey Subject: grant for SE 4th ST. Hi Vivian I met with Jody as we are working on the grant as a combined effort. She will be sending you 2 things to be signed. One will be a maintenance agreement which is required for the grant application and the other is a Letter of Support. Please contact me if you should have any questions. 'h . '\/- I I lank J 011 (1ICnO;} 2/3/2010 Page I of 3 Brooks, Vivian From: Hall, Glenda Sent: Thursday, January 07, 20104:56 PM To: Brooks, Vivian Subject: RE: grant for SE 4th ST. Correct From: Brooks, Vivian sent: Thursday, January 07, 2010 12:04 PM To: Hall, Glenda SUbject: RE: grant for SE 4th ST. So you are only looking for funds for the maintenance, correct? Vivian L. Brooks Assistant Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737 -3256 brooksvi@bbfJ.us "Energy and Persistence Alter All Things." Benjamin Franklin From: Hall, Glenda sent: Wednesday, January 06, 2010 11:44 AM To: Brooks, Vivian Subject: RE: grant for SE 4th ST. I will know more after mid Jan. but the grant applications are due Feb. 12th and recipients will be posted on March 31st. We estimate to have the plantings completed in the fall of Oct. 2010. Glenda From: Brooks, Vivian sent: Wednesday, January 06,2010 9:58 AM To: Hall, Glenda Subject: RE: grant for SE 4th ST. Do you think this will happen in 2011 or 2010? Vivian L. Brooks Assistant Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 brooksvi@bbfl.us "Energy and Persistence Alter All Things." ., l-::l/,)f\ 1 (\ Page 2 of3 Benjamin Franklin From: Hall, Glenda Sent: Wednesday, January 06, 2010 9:42 AM To: Brooks, Vivian Subject: RE: grant for SE 4th ST. Vivian In the grant we can probably have 60-72 saba I palms installed in the medians with the reclaimed water for irrigation (2 bubblers @ each palm). There will be about 1500 linear feet of bed area in the medians. It will be about 2 years before the palms would need to be pruned and the estimate for that is $20/ palm. The fertilizing (3x1year) and mulching (1x1year) with a general litter control would probably 'average out to about $800 per month. Please let me know if I can answer any more questions. Glenda From: Brooks, Vivian Sent: Tuesday, December 15, 20094:12 PM To: Hall, Glenda Subject: RE: grant for SE 4th ST. Thanks. Vivian L. Brooks Assistant Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach. FL 33435 561-737-3256 brQQksyi@bbfl.u$ "Energy and Persistence Alter All Things." Benjamin Franklin From: Hall, Glenda Sent: Tuesday, December 15, 20094:12 PM To: Brooks, Vivian Cc: Bright, Lisa Subject: RE: grant for SE 4th ST. Vivian I will get a rough estimate as soon as possible. Glenda From: Brooks, Vivian Sent: Tuesday, December 15,20094:10 PM To: Hall, Glenda Cc: Bright, Lisa Subject: RE: grant for SE 4th ST. I will need to put this on the January Board agenda with a proposed budget and plans. The meeting is 1/12. Can you have the information for me by 1/5? Vivian L. Brooks Assistant Director 2/3/2010 Page 3 0 f 3 Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737 -3256 Qrooks~bbfIJ.J~ "Energy and Persistence Alter All Things. If Benjamin Franklin From: Hall, Glenda Sent: Tuesday, December 15, 2009 4:08 PM To: Brooks, Vivian Subject: RE: grant for SE 4th ST. Vivian Jody & I will have a meeting in Jan. as to how to do all the paperwork for the grant. I is due Feb. 12th I twill be awarded on or about March 31st. As soon as I get the plans from Paull will give you a better idea of quantity of sabal palms and then maintenance costs can better be determined. Glenda From: Brooks, Vivian Sent: Monday, December 14, 20095:16 PM To: Hall, Glenda Subject: RE: grant for SE 4th ST. What is the timeline for the grant application? Vivian L. Brooks Assistant Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737 -3256 QLOoksvi@bbfl.IJS "Energy and Persistence Alter All Things. " Benjamin Franklin From: Hall, Glenda Sent: Monday, December 14, 2009 5:15 PM To: Brooks, Vivian Cc: Roberts, Christine; Livergood, Jeffrey Subject: grant for SE 4th ST. Hi Vivian I met with Jody as we are working on the grant as a combined effort. She will be sending you 2 things to be signed. One will be a maintenance agreement which is required for the grant application and the other is a letter of Support. Please contact me if you should have any questions. 'i1 l \j . I n;:ll"l' J ,)11 (d'l"I( "" I"" '''1'),1 f\ ~~~qY~Te~ eRA . East Side-West Side-Seas.lde Rena.lssance eRA BOARD MEETING OF: February 9, 2010 I I Consent Agenda I I Old Business I X I New Business I I Legal I Other SUBJECT: Consideration of funding Florida Fishing Academy for youth ages 8 to 12. SUMMARY: The Florida Fishing Academy has been part of the Youth Violence Prevention Program since its inception with a targeted youth program for the ages of 12 to 19. During 2009, the Florida Fishing Academy was working with the City to secure a permanent base of operations at Boat Club Park. However, circumstances prevented execution of the contract. In October of 2009, the Florida Fishing Academy presented to the CRA Community Committee the success of their participation with the Youth Violence Program and to recommend an additional program targeted at children between the ages of 6-12. The recommendation was an outcome of the younger children consistently approaching academy owner, Rich Brochu, about wanting to participate. The presentation was received well by the former CRA Community Committee. Captain Brochu is suggesting the CRA Board support funding this program which would be based out of the Carolyn Sims Center and scheduled for every Saturday for the duration ofthe school year. As a reminder, the City no longer funds after care programs at the Sims Center making it difficult for parents to find transportation to activities. This would be a community based program having a direct impact on the HOB. FISCAL IMPACT: $11,856-Project Fund-02-58200-406 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan and HOB Community Redevelopment Plan RECOMMENDATIONS: Staff recommends approval of the Florida Fishing Academy Saturday Youth Program. . GENDAS, CONSENT AG S, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\02-09-10 Meeting\Florida Fishing Academy.doc The Florida Fishing Academy is a division of Team REEL Estate Inc., a non-profit, 501 (c)(3) organIzation. In its third year, the academy's mission is four-fold: teach children a healthy lifestyle and constructive hobby; guide them away from drugs a~d violence; engage youth - tomorrow's boaters and anglers - in the fight to preserve Florida's natural resources and introduce them to the marine industries as a potential career path. At the core of the program is the Hooked On Fishing-Not on Drugs@ curriculum, a 20- session course created by the Future Fisherman's Foundation In the 19805 to develop a more aware, responsible, healthy and engaged generation of anglers. Kids third grade and up learn not just the basics of fishing - tying a hook, casting, using the right bait, fish biology, fishing safety- but are given a strong dose of life lessons like team-building, taking responsibility, learning self- confidence, standing up for yourself and building stronger, healthier personal relationships. Along the way, they are made more aware of the fragility of Florida's environment and their role in preserving it. The course includes several fishing trips, on the shore, the pier, the canal or on the ocean. All students are required to sign a pledge to remain drug-free, and parental participation is a must. To those who complete the HOFNOD course, the Florida Fishing Academy also offers a uniquely designed advanced course on building and painting custom fishing rods, intricate lure building, boat maintenance, junior angler tournaments and an introduction to the Coast Guard Auxiliary and other facets of the marine industry. The academy has operated with great success In the aftercare program at Poinciana Elementary School for three years, and has received $23,000 in grants from the City of Boynton Beach to offer the program through its Youth Violence Prevention Project. Over the past year, we have partnered up with the DeVos-Blum Family YMCA, Boynton Beach Parks and Recreation and Palm Beach County Parks and Recreation to offer our classes to county schools and youth in and outside the city of Boynton Beach. We also are teaching the HOFNOD course to needy students at Title 1 schools like the Seagull Academy for Independent living, a charter school for economically disadvantaged, Intellectually and learning disabled children in Lake Worth. We had 320 students enrolled in our program last semester and we had about 300 in our summer camp program. We have handed out almost 1600 fishing rods, to deserving children. But funding continues to be a challenge, and a number of opportunities - like partnering with the Department of Juvenile Justice and widening the net to first-time youthful offenders, a particularly needy population of youth - sit idle because of a lack of funds to make them happen. Still, we have had exciting new developments on the funding front: We have just purchased a new boat and we are currently looking for a permanent facility. We are also going to start a program for children in wheelchairs. We are very excited and grateful to have been given these opportunities. The boat will be used for fishing charters and to take our students fishing. The building will be a location for kids to build lures, rods and hang out. We will also have a rod and reel loaner program and offer free bait for our students. It will also serve as a gift shop where we will sell bait, tackle, ice, snacks, t-shirts and other goods. Once running, the sales will help us finance future programs. With the help of the Sun-Sentinel Children's Fund, a fund of the McCormick Foundation, Samuel W. Klein Charitable Foundation, Florida Marlins, Fish Florida Tag, Michael and Kitty Dukakis, City Fish Market, Tarpon Bend, Bonnie Dipaclo, Publix and Paskoski Construction, we have raised almost $10,000 In cash already. Other sponsors include the Youth Violence Prevention Project, South Florida Water Management District, DeVos-Blum Family YMCA, Florida Panthers, Miami Dolphins, Tuppen's Marine, Go To Web Smith, DaUchi, Boca Tanning Club, Eleven, NY.P.D. Pizzeria. Susy Personal Trainer, I.G.F.A., Water Message Salon and our dedicated board of directors. That's where you come in. Help us build a healthier future for today's youth and tomorrow's environment. If you can help. please call me. Sincerely, Captain Richard Brochu, CEO Florida Fishing Academy 7067 Peninsula Court Lake Worth, Florida 33467 561-740-7227 Rich@floridafishingacademy.com Expense Budget rL"~II"\ r!~HI'\.'(...: \___ \DE\n For one course nnel Budget Adual D\fferen~ ($) Difference (e/o) Office Store InstrlJCtors 4,06] (4,063) 0.0% 0.0% 0.0% 0,0% $ Others perating Budget Actual Differer1ce ($ )Difference (0,,) Advertising 0.0% Awards/certificates 272 (272) 0.0% Olarter fees 4,310 (4,310) 0.0% Food 1.200 fl,2(0) 0.0% Insurance 196 (196) 0.0% Legal and auditing 0.0% Maintenance and ~~ 0.1)% Office supplIeS 0.0% 00stage 0.0% Pnnted material 75 (75) 0.0% Rent or mortgage 0.0% Rods, reels and hoolcs 1,300 0,300) 0.0% Shipping and storage 0.0% ShIrts 440 (440) 0.1)% Sl>Dphes 0.0% Taxes O.()o/" Telephone O.~ utilities 0.0"':' Ott>€' O.~) obI ExpenMs Budget Actual Difference (S )Difference (""0 ) $:: .856 ( 11,8561 0.0% {..i$pirlg AcademY <---:hart f\oJ"id~ ers ~ h. ., Evening, cruises and ilS lng, trlps. "Prices start at $495 for 4 hours $850 for 8 hours $950 for swordflshing captain Ricbard Brocbu 56\_140-1221 RiCh@floridaflsbingacademy .com floo\<-ed .c::H'1t"iShing and Not On Vl-V CITY OF BOYNTON BEACH YOUTH VIOLENCE PREVENTION PROGRAM 225 NW 12TH AVENUE BOYNTON BEACH FL, 33425 561.742.6643 What does your program do? Our program is designed to deter youth from criminal activity and negative behavior while bettering school performance, enhancing community awareness and improving home relations with parents, siblings and other family members. Who, how many and where does your program serve? Our program serves youth ages 12-19 in the City of Boynton Beach. There are currently 334 youth registered in our program. Approximately 55 youth participate in programs at our center during the week. More than 25 of them attend more than one program. The numbers tend to increase and decrease depending upon which programs are being offered that week or month. During flag football season, we serve more than 75 youth a week at the center. Our program serves a high number of youth who are on probation and come to our center to fulfill their court-ordered community service hours. Many of our young males are approaching the end of high school, so we focus on preparing those youth to transition to an alternative program. We have been successful in getting five young men back in school or into an alternative program. We use our own families as a guide for how we run our programs. We ask ourselves, "Would we want this for our own children?" If the answer is yes, then we do our best to achieve the goal. If the answer is no, we will not offer the program. We will not do something just for the sake of saying we are doing it. Programs offered: *Male Mentoring *Girls and Her Pearls * Art of Filmmaking *Flag Football *Computer Building *Hooked on Fishing *Unlimited Dance and Cultural Arts *Cheerleading *Girl Scouts * African Drum Class *Employment Skills Measurement Outcome Outside Resources used Improved School Performance 80% of our youth have improved school performance Report cards, school visits, speaking with students and parents. Our benchmark are youth from our teen council Reduction of New Charges 85% of our youth have a reduction of new charges Reduction of youth violence Less new charges since being in our program Probation reports, law enforcement reports, reports from school and parents Less probation violations Improved school attendance 75% of our youth show an increase in school attendance Report cards Enhancing employability among youth 10% of our youth are now employed; 75% are actively participating in our employment program Youth surveys and contact with employers Enhance community awareness 50% of our youth say they are more aware of their community surroundings Youth surveys, participation in community service projects Collaborative efforts for job placement, community service and other projects: *Super Target *Buds Chicken and Seafood *Red Lobster *Checkers *Rotary Clubs *McDonalds *Publix *Winn Dixie *Arts in Public Places *Boynton Water and Utilities *Prince Video *Boynton Beach High School *Juvenile probation *Juvenile Courts BBYEC Goals and Objectives Goal Objective Outcome Rational Prevent or reduce Develop a community-based Goal Met Open communication with youth violent crime strategy to prevent crime a multi-agency approach Replicate two program Goal Met 7 on-going programs models operating at center Coordinate Convene a youth summit or Goal Met Teen council operating in Government, Law council center Enforcement, and Human Services Leverage local resources Goal Met 10 MOA Memorandum of Agreement Mobilize residents to Host strategic planning with Goal Met Purchase of license plate assist law enforcement Steering Committee software, community gang in identifying known summit, full time officer offenders assigned to YVPP The Heart of Boynton Redevelopment Master Plan organization exist (including the COCs) to assist in providing necessary skill and motivation training to the area's unemployed and under-employed. These same facilities can be used as a job clearinghouse in conjunction with the County's Workforce Development Board to schedule job interview, provide skill identification, etc. Job Creation The area currently has a limited number of jobs available with in the area, as the community is largely residential by design with the exception of the industrial area bordering the FEe tracks. Job creation within the area can be developed in three major areas: micro enterprises, creation of service and office developments/jobs, and construction employment. Micro Enterprise Micro Enterprises are usually single entrepreneurial efforts that can be housed in existing residents. Examples of successful micro enterprises in distressed neighborhoods include: African or Caribbean clothing design, photography, leather crafts, catering, carpentry, landscaping, and pest control. One of the fastest growing and successful programs supported by grants was training of inner city minority residents to become Web page designers. This later effort could be developed with tutoring help for Poinciana Elementary. Day Care ane! other Support As pointed out during the charrettes, the area is need of day care and other support services including a public health clinic. Both of these services, which could be co-located within the R.E. Lee COC facilities, can assist residents seeking employment as well as offer local employment opportunities. Service and Office Development Job opportunities are currently limited, as the community is largely residential by design. The only employment node are the industrial properties along the FEC railroad tracks. The master plan does allocate a limited amount of service commercial at three nodes (on Seacrest Blvd south of 10th Avenue and at either end of MLK, Jr. Boulevard (at Seacrest and at Federal Highway). These sites have very limited employment generation Strategic Planning Group, Inc. Page 82 1 (800) 213-PLAN I\aren ~. Ja('A)bs 1200 SW~... "'~ue h>W1Wn Eead1. r=L :Jl4~ti August 6, 2009 Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Re: School aftercare program - Sims Center To whom it may concern: I have recently heard something that is very confusing to me and thought I would like to share it with everyone at the City of Boynton & CRA in hopes someone can clarify and change. My three (3) children have been attending the summer camp at the Sims Center and attend school at Poinciana Elementary. We do several sports with the City of Boynton Beach throughout the year. The year before last we took advantage of the aftercare program at the art center and loved it. Last year we changed aftercare to the school program due to the interest by my children to get involved in both the clubs offered through school and the City of Boynton Beach swim team at the Denson Pool. I am a working parent and cannot leave my job to transport my children to afterschool activities. Last year it worked out beautifully and can essentially work out the same this year. My only problem is....$ - like everyone else in this economy - ends are not meeting as easily as in the past. My confusion is that you have that amazing Sims Center and the location could not be better for the parents of children attending Poinciana for an aftercare program. I inquired at the Sims center about offering that service and was told they could not hold aftercare due to <<fencing issues". I certainly understand the need to have the playground completely fenced but do not underatand how a summer program (which waa wonderful) with children there 7:30a.-5:3Op could be allowed and an aftercare program which would have children there 2:30p-6p (leIs hours) cannot be allowed. Itjuat does NOT make good aenae - not a reasonable answer in my eyes. I am hoping that somehow this decision can be changed and you can offer an aftercare program for the City of Boynton Beach Elementaty School students. I have spoken to aeveral parente about We issue and they are all willing to help in any way possible to make this happen. An aftercare proaram at the Siro'. center would help many Boynton Beach Families with aftercare needs at a reasonable price and make it possible for our children to take advantage of the awesome ewim team at the denson pool. 'lhank you in advance for readinl and considering our needs. Sincerely, Karen R. Jacoba 561/716-0927 Karenrobl~otmail.com Housina Development and Rehabilitation 1 Reissue RFP for Ocean Breeze East Legal Review/Advertising 2 Residential Improvement Grant Program (7 @ $20,000) ',f,~';".~'.,,~:\;("'f'i~, '." Phase I MLK 1 Property Ownership Legal Fees to Combine CRA/City Property $ 2 Property Acquisition 3 Grocery Co-op Site Plan/Feasability Analysis TOTAL PHASE I MLK ,'~~' ,._," .:;,;:?,'r:;~ :~4~~~,'t:'"-- ~;~:'i"v;;':~- '!~~~~~~r:~'~,;,;~:',~~,~ ~':. I 'TOTAL" , $ 210,000 $ $ 1,000 140,000 $ 265,000 ," .' ..~:t;;':;:":':i~.'.'~.~;~:...:"':;?~~~~' ". '." $ 1 ,616,000, ." .'; T:\FINANCE\HOB\HOB-MLK Community Committee Funding 05-12-09 $ 141,000 5,000 $ $ 250,000 10,000 Heart of Boynton Project - Community Committee Recommendations FY08-09 I FY09-10 I Amount I Amount I NUISANCE ABATEMENT $ 300,000 $ 100,450 $ 40,000 $ 340,000 Description I PO # I CRA Bd Mtg I Status I I $ 16,400 CDC - NE 4th St. Vacant Lot (a) Thelma Marshall-Vancant Lot NE 1st St.(a) Estella Jones-124 NW 11th Ave.(a) Roberts - 1002 MLK Blvd(a) Roberts - Tank Removal (Nutting Environmental) Heritage Park Public Art PO# 704 PO# 707 PO# 706 PO# 705 PO# 786 $ 3,200 (a) Closing Costs from 02-58100-213 PO# 754 ~(,j,/~';;;:~' 'f<,;:~~~Y:'} <1 -{l~.~~<;i,r: ;~,t-}: " ~ ECONOMIC DEVELOPMENT 09/08/09 09/08/09 09/08/09 09/08/09 12/08/09 07/14/09 Closed Closed Closed Under contract Pending Completed $ 32,827 TED Center - includes 10% contingency PO# 752 10/13/09 I n process $ 50,000 REG PO# 696 05/12/09 In process $ 6,000 Police Security for Small Bus. Dev'l. Classes 10/13/09 In process $ 6,935 Facility Charge-Sims Center-First Class Year 10/13/09 Paid $ 7,461 TED Center - Extra Classes Jan-Mar 2010 PO# 784 12/08/09 In process $ 40,000 REG - Sara Sims Master Plan PO# 785 12/08/09 In process $ 450 Annette Gray-Comm. Real Estate Workshop Deposit $ 140 Camilucci - Signs for Small Business Clases Paid $ 210 Mollys Trolley - HOB Economic Devl Tour Paid 'i, ,,' HOUSING DEVELOPMENT AND REHABILITATION $ 20,000 RIP - Murph $ 20,000 RIP - Mullin $ 20,000 RIP - Cheek $ 20,000 RIP - Albury PO# 771 PO# 772 PO# 773 PO# 774 PHASE I MLK $ 111,945 Brandom, 112 NW 10th Ave, incl. closing costs $ 91,296 Hollis, 111 NW 6th Ave., incl. closing costs PO# 751 , $ 833,650 I $ 393,6641 Potential 2010 Expenditures: Sims Property - Roofing, Electrical Painting - Est. $20,000 Fishing Academy - HOB Youth Program - $12,500 T:\FINANCE\HOB\HOB-MLK Community Committee Funding 05-12-09 10/13/09 10/13/09 10/13/09 10/13/09 In process In process I n process In process Closed Closed r Fishing Academy Ch elorida . . artel's (' -- Evel1itlg cruises al1d fishing trips! Prices start at $495 for 4 hours $850 for 8 hours $950 for swordfishing Captain Richard Brochu 561-740-7227 r Rich@f1oridafishingacademy.com Hooked <:>rl Fishing and Not On Drug~ ~~~~Y~T8~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: February 9, 2010 I I Consent Agenda I I Old Business IX I New Business Legal Other SUBJECT: Consideration of Entering into Agreement with Deborah and Leonard Marucci for design of Public Art as Part of the Seacrest Streetscape Project in the Amount of$6,500 SUMMARY: As part ofthe Seacrest Streetscape project, the CRA is paying for the design and engineering ofthe project. The project was awarded $1.9M of Federal stimulus funding (ARRA). ARRA funds can be used to pay for public art but not for the design ofthe art. Conceptually, all parties, FDOT, County and City have agreed to incorporate public art into the project particularly at the intersection of Martin Luther King, Jr. and Seacrest Blvds. The CRA has already purchased a piece of art selected by the Community Committee for placement at the SW comer of the intersection. The additional artwork will be designed by the same artists who created that piece. The artists will be responsible for working with members of the community to come up with an acceptable design. The attached agreement is only for the design of the additional art pieces. The actual construction of the artwork and installation will be paid for with the ARRA funds. FISCAL IMPACT: $6,500 to come from HOB fullds CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDA TIONS/OPTIONS: Enter in the Agreement with Deborah and Leonard Marucci to design artwork for the intersection of Martin Luther King Jr. and Seacrest Blvds. 0tks1 /V Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\02-09-10 Meeting\Artist Design Seacrest.doc AGREEMENT THIS AGREEMENT, dated the between: day of , 2010, is by and Boynton Beach Community Redevelopment Agency, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435, hereinafter referred to as "CRA", and Deborah A. Marucci and Leonard L. Marucci with an address of 408 Bailey Road, Venice, Florida 33292 in hereinafter referred to as "ARTIST." CRA and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, promIses, covenants and payments hereinafter set forth, CRA and ARTIST agree as follows: WHEREAS, public art is a work of art, generally created by a public ARTIST exhibiting the highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in any medium, material or combination hereof, including but not limited to paintings, sculptures, stained glass, mosaics, murals, and ARTIST designed functional, architectural, landscaped, and landform elements as described in the City of Boynton Beach Public Art Ordinance 07-002; and WHEREAS, CRA desires to obtain professional services from ARTIST for the creation of public art design phase 1 for the Seacrest Boulevard Roadway Improvements - FM 426898-1; PW- EN09-002 hereinafter referred to as Seacrest Streetscape Project; and WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to provide the CRA with the services related to the public art design phase 1 in a professional and artistic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of public art design phase 1 and proposal to implement the Seacrest Streetscape; and WHEREAS, the CRA desires to commission the ARTIST to create public art design phase 1; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: Page I of8 T:\PLANNING\Seacrest Streetscape\Artist Agreement-Seacrest PA.doc ARTICLE 1 1.1. RECITALS: Each "whereas" clause set forth above is true and correct and herein incorporated by this reference. ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1. ARTIST hereby agrees to create public art design phase 1 described in attached proposal, or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The Seacrest Streetscape project shall be located at such location within the CRA as designated by the CRA. 2.3. ARTIST shall furnish all servIces and labor necessary and as may be required in the performance of this Agreement. 2.4. ARTIST hereby represents to CRA, with full knowledge that CRA is relying upon these representations when entering into this Agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this Agreement. 2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including but not limited to the public art design phase 1, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, firm or organization. 2.6. The CRA recognizes the ARTISTS and collaborators rights pursuant to the Federal Visual ARTIST Rights Act of 1990, known as "V ARA". The CRA will not intentionally distort and/or modify the public art design phase 1, where the modification or distortion would prejudice the ARTIST'S honor or reputation. 2.7. The CRA is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the public art design phase 1, in any manner the CRA sees fit. The CRA agrees not to sell the public art design phase 1 to a third-party for monetary gain. The CRA may transfer ownership of the public art design phase 1 to another governmental entity or to a not for profit corporation. 2.8. The CRA agrees to give the ARTIST full acknowledgement and credit as the creator of the public art design phase 1. 2.9. The CRA agrees to provide the ARTIST access to CRA property, as a work site to prepare the public art elements for installation. 2.10. ARTIST may not hire or utilize the services of any sub-contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of the CRA. Page 2 0[8 T:\PLANNING\Seacrest Streetscape\Artist Agreement-Seacrest PAdoc ARTICLE 3 SCOPE OF SERVICES ARTIST shall perform the following services in accordance with this Agreement with CRA as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2. The public art design phase 1 shall be produced to the CRA's satisfaction and in conformity with the appropriate moral and ethical standards for the community in which the CRA is located. The CRA shall have the right to approve and/or reject the public art design phase 1 or any portion thereof. 3.3 The ARTIST shall perform and provide services as set forth in the Proposal for the Seacrest Streetscape project public art design phase 1 dated September 23,2009, a copy of which is attached hereto as Exhibit "A". 3.4 The City of Boynton Beach Public Art Administrator will facilitate the project and from time to time document the public art design phase 1 process. Project is estimate to begin January 2010 with a completion date estimation of March 26,2010. ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof. 4.2. This Agreement may be terminated by the CRA for cause or convenience, upon ten (10) days written notice by the CRA to ARTIST. In the event that this agreement is terminated by the CRA for convenience, the CRA agrees to compensate the ARTIST for all completed work. Should the ARTIST abandon this Agreement or cause it to be terminated, ARTIST shall indemnify the CRA against any loss pertaining to this termination. 4.3. All documents, plans, work products, materials, equipment and tools belonging to the CRA will be furnished to the CRA upon completion and/or termination of the Agreement, whichever occurs first. 4.3 The CRA' s rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the public art elements shall survive the termination of this Agreement. ARTICLE 5 COMPENSATION 5.1. The CRA shall provide compensation and/or payments to the ARTIST at a deposit of l1z of $6,500.00 to begin the project with the balance upon completion of a public art design phase 1 as set forth in the Proposal for the Seacrest Streetscape project dated September 23, 2009, a copy of which is attached hereto as Exhibit "A". Page 3 of8 T:\PLANNING\Seacrest Streetscape\Artist Agreement-Seacrest PA.doc ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK CRA or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CRA and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any work which has not been described in a separate written agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the ARTIST shall require the sub-Contractors similarly to provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence/aggregate for property damage; and, professional liability insurance in the amount of $1 ,000,000 (all professional contract services). B. Said general liability policy shall name the CRA of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the CRA. C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. D. ARTIST shall furnish the CRA with a certificate of insurance after award has been made prior to the start of any work for the CRA. Said insurance companies must be authorized to do business in the State of Florida and the CRA will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. E. Reference Insurance Advisory Form for additional types of insurance and limits required. The CRA reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. If ARTIST claims to be exempt from this requirement, ARTIST shall provide eRA proof of such exemption along with a written request for CRA to exempt ARTIST, written on ARTIST's letterhead. Page 4 of 8 T:\PLANNINGlSeacrest Streetscape\Artist Agreement-Seacrest PAdoc 7.2. Independent Contractor. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the ARTIST is an independent contractor under this Agreement and not the CRA's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and means of carrying out ARTIST' activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of ARTIST, which policies of ARTIST shall not conflict with CRA, State, or United States policies, rules or regulations relating to the use of ARTIST' funds provided for herein. The ARTIST agrees that it is a separate and independent enterprise from the CRA, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the ARTIST and the CRA and the CRA will not be liable for any obligation incurred by ARTIST, including but not limited to unpaid minimum wages and/or overtime premiums. 7.3. Assignments. 7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ARTIST without the prior written consent of CRA. However, this Agreement shall run to the CRA and its successors and assigns. 7.3.2. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CRA shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions ofthis section. For the present, the ARTIST and the CRA designate the following as the respective places for giving of notice: Page 5 of 8 T:\PLANNING\Seacrest Streetscape\Artist Agreement-Seacrest PA.doc CRA: Lisa Bright, CRA Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, Florida 33435 Telephone No. (561) 747-3256 Facsimile No. (561) 747-3258 Copy To: James A. Cherof, CRA Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 ARTIST: Telephone No. 7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 7.1 O. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and costs. 7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement between the CRA and the ARTIST and supersedes all prior negotiations, representations or agreements, either written or oral. 7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. Page 6 of8 T:\PLANNINGlSeacrest Streetscape\Artist Agreement-Seacrest PA.doc 7.13. Waiver. Any failure by ARTIST to require strict compliance with any prOViSIOn of this contract shall not be construed as a waiver of such provision, and ARTIST may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 7.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 7.15 Usage Rights. After final acceptance of the artwork by the CRA, the following ARTIST' rights shall be guaranteed: · Maintenance of public artworks shall be the responsibility of the CRA or developer or property association and not the ARTIST. The responsible party shall make reasonable efforts to maintain the artwork in good repair. The responsible party shall attempt to consult the ARTIST on major repairs. · Copyright of the artwork shall belong to the creator( s), but the CRA or developer or property association shall be granted the right to make two-dimensional reproductions for non-commercial purposes. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: WITNESSES: BY: Lisa A. Bright Executive Director By: Print Name: By: Print Name: By: Print Name: By: Print Name: By: Deborah A. Marucci By: Leonard L. Marucci Page 7 of8 T:\PLANNING\Seacrest Streetscape\Artist Agreement-Seacrest PA.doc STATE OF FLORIDA : ss: COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of who is personally known to me or who has produced as identification, and acknowledged executing the foregoing Agreement as the proper official of for the use and purposes mentioned therein and that the instrument is the act and deed of IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of ,2010. (Signature of Notary Public - State of Florida) (Print, Type or Stamp Commission Name of Notary Public) Page 8 of8 T:\PLANNING\Seacrest Streetscape\Artist Agreement-Seacrest PA.doc I I Consent Agenda I I Old Business I X I New Business Legal Other SUBJECT: Consideration of Entering into a Direct Incentive Funding Agreement with Wal-Mart Stores South, LLC. SUMMARY: The CRA has been working with the property owner of the old Gulfstream Mall for the redevelopment of the site since 2007. The property owner has entered into a purchase contract with Wal-Mart. The store is proposed at 97,000 sq. ft. and will create approximately 150 full-time equivalent jobs. Wal-Mart is requesting financial assistance from the CRA to close the development funding gap. Staff has negotiated the proposed Direct Incentive Funding Agreement (DIFA) with Wal-Mart's agents. Agreement Terms: . The DIF A will provide funding for the creation of 150 FTE jobs · 10 year term . Front-loaded -75% ofTIF in years 1-6 and 25% of the TIF in years 6 - 10 . Total Estimated Subsidy Over Term of Agreement - $406,026 . Subsidy per Job - $2,707 Proiect Benefits: · Will bring in much needed jobs to a community that has suffered from the effects of the economic recession · Will provide goods and services that residents now have to travel to obtain · The site plan and building elevations have been upgraded to meet the CRA' s Design Guidelines to the extent physically possible · The project will improve a very blighted site. . The project will bring in revenue to support CRA programs · The project is located on the most used Palm Tran route - US Highway One FISCAL IMP ACT: The project will generate $20,000 of new revenue to the CRA in years 1-5 and $60,903 in years 5-10. CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\02-09-10 Meeting\DIFA Walmart.doc 1 . ~.', ~qYr~T2" ~.. C""'.~' ' ."" ' "; ._"" A""..:. ''', . "'t;"'cj~ ,', ",,' "East Side-West Side-Seaside Renaissance RECOMMENDATIONS/OPTIONS: Staff recommends entering into the Direct Incentive Funding Agreement with Wal-Mart Stores East, LP. ?br Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\02-09-10 Meeting\DIFA Walmart.doc DIRECT INCENTIVE FUNDING AGREEMENT This Direct Incentive Funding Agreement (hereinafter "Agreement") is entered into as of the day of 2010, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of Florida Statutes, ("CRA"), with a business address of915 South Federal Highway, Boynton Beach, Florida 33435. And Wal-Mart Stores East, LP, ("Walmart" or "Developer"), with a business address of 2001 SE 10lh Street, SWDC, Bentonville, AR 72716, its successors and assigns. RECITALS: WHEREAS, because one of the CRA's goals is to encourage employment opportunities in the Redevelopment Area; and WHEREAS, Walmart is interested in building a storc and crcating new employment opportunities in the Redevelopment Area; and WHEREAS, at the , 2010, meeting of the CRA Board, the CRA Board approved incentive funding to the Developer to locate a store in the Redevelopment Area and to RM:6987770:5 Boynton Beach, FL. #5911 create new employment opportunities with the conditions set forth herein; and WHEREAS, this Agreement shall not constitute a "Development Agreement" within the meaning of Florida Statutes, Section 163.3221. NOW, THEREFORE, in consideration of the mutual promIses, covenants and agreements herein contained and other good and valuable consideration, thc receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals arc truc and corrcct at the time of the execution of this Agreement and are incorporated herein. Section 2. Definitions. As used in this Agreement, the following terms shall have the following meanings: .. Affiliate" of a party means any corporation, partnership, limited liability company, trust or other entity controlling, controlled by, or under common control with such party (whether directly or indirectly through one or more intermediaries). For the purpose of this definition. "control" means the possession, directly or indirectly, of the power to direct or cause the direction of management and policies, whether through the ownership of voting interest or by contract or otherwise. "Agreement" means this Direct Incentivc Funding Agreemcnt and all exhibits and Rl'vl:6987770:5 Boynton Beach, FL. #5911 2 attachments thereto, as any 0 f the same may hereafter be amended from time to time, by mutual agreement of the parties. "City" means the City of Boynton Beach, Florida. "Developer" means Wal-Mart Stores East, LP and any successor, assignee or transferee of Wal~Mart Stores East, LP that is permittcd under this Agreement, from and aftcr thc datc of such permitted succession, assignment or transfer. "Full Time Equivalent" ("FTE") Employees mcans thirty-five (35) paid work hours per week. Part-time paid work hours may be combined to qualify as a Full Time Equivalent position. "Pledged Project Increment Revenues" means thc Project Increment Revenues received by the CRA which are pledged to the Developer as set forth in Section 6 of this Agreement. "Project" means the Walmart store and real property described in the attached Site Plan. "Project Increment Revenues" mcans the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project, using $3,997,000 as the base year assessed value of the Site in calculating such increment revenues, so that increment revenues for the Project are calculated RM:6987770:5 Boynton Beach, FL. #5911 3 based upon the increased taxable amounts over the hase year amount. "Property" means the real property legally described on Exhibit "A", attached hereto. "Redevelopment Area" means those areas within the limits of the City which have been declared blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part Ill. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Site Plan means the City Commission approved site plan and the conditions of approval thereto. "Substantial Completion" or '.Substantially Complete" means the point at which the Palm Beach County Property Appraiser has placed the Project on the Tax Roll. "Tax Collector" means the duly elected tax collector for Palm Beach County, Florida. '.Tax Roll" means the real property ad valorem assessment roll maintained by the Palm Beach County Property Appraiser for the purpose of the Icvy and collection of ad valorem taxes. Section 3. Effective Date. This Agreement shall be effective on the date that the RM:6987770:5 Boynton Beach, FL. #5911 4 last party to sign executes this Agreement (hereinafter "Effective Date"). Section 4. Conditions Precedent to DeveloDer and CRA Oblil!ations. A condition precedent to Developer's entitlement to receive from the CRA the Project Increment Revenues provided for in Section 6 hereof, and the CRA's obligation to pay the Project Increment Revenues, is (i) Developer's construction of the Project consistent with the Site Plan, (ii) the opening of the storc to the public and (iii) thc crcation of jobs pursuant to Section 5 of this Agreement. In the event the Developer, in its sole discretion, elects to not construct the Project or not to open a store on the Property, then this Agreement shall automatically terminate and each party shall no longer have any obligations to each other. Developer and the CRA acknowledge and agree that the Site Plan is under review by the City as of the date of this Agreement. 4.1. Non-Discrimination. Developer agrees that it shall not discriminatc nor exclude persons on the grounds of race, color, disability, national origin, religion, age, familial status, sex or sexual orientation in the performance of this Agreement. 4.2. Convicted Vendor List. As provided in F.S. 287.132-133, by entering into this Agreement or perfoffiling any work in furtherance hereof, Developer certifies that to the best of its knowledge, it, and its affiliates, contractors and subcontractors who will work on the Project, have not been placed on the Convictcd Vendor List maintained by the State of Florida Department of Management Services within the prior thirty-six (36) months immediately preceding the Effective Date of this Agreement. RM:6987770:5 Boynton Beach, FL. #5911 5 4.3 Site Enhancements. Tn exchange for recelvmg the Pledged Prqject Increment Revenues set forth herein, Developer has agreed. in addition to providing employment opportunities, to include in the site plan such enhancements as set forth below: 1. A reduction III the number of parking spaces along the Federal Highway frontage; 2. A City entryway feature including public art at the southeast corner of the site. the design for which shall be approved by the eRA; 3. Pedestrian walkways; and 4. One (1 ) covered Palm Iran bus shelter. Section 5. Joh Creation. As a condition precedent to recelvmg the maXlllmm Pledged Project incremcnt Revenues available pursuant to this Agreement, Developer shall cmploy a minimum of one hundred fifty (J 50) full time cquivalcnt employees ("FTEs") commencing one (I) year after the Project is operational. Tn the event Developer employs less than one hundred fifty (150) FTEs, the CRA shall reduce the total pledged Project Increment Revenues on a pro rata basis to reflect the reduced number of FTE jobs. 5. t. Performance. Tn order to receive the Pledged Project Increment Revenues tor the previous ad valorem tax year, Developer shall provide to the eRA an affidavit RM:6987770:5 Boynton Beach, FL. #5911 6 attesting to the number of PTE employees for that prior year and copies of the State of Florida Department of Revenue UCT-6 forms filed with the State of Florida for these employees. Prior to submittaL Developer may black out confidential infonnation such as, but not limited to, social security numbers, names, race or gender. No other documentation shall be required. 5.1.1. The CRA shall disburse the Pledged Project Increment Revenues no sooner than January 15th of each year and no later than sixty (60) days after receipt of both Developer's required supporting documentation, as set forth above, and the revenues from the Tax Collector for the Pledged Project Increment Revenues. 5.1.2. Exceeding the 150 FTE employees shall not entitle Developer to additional funding under this Agreement nor to a credit or set-off against any reduction in funds in earlier or later years hereunder. Section 6. Incentive Fundin!!. The incentive funding provided for in this Agreement is granted to Developer for the purpose of fulfilling the CRA's economIC development goal to create jobs in the Redevelopment Area. 6.1. Proiect Increment Revenues Fundine Formula and Term. The CRA hereby agrees to pledge and assign to Developer for a total period often (10) consecutive years an annual amount as provided below, which equals the Pledged Project Increment Revenues as set forth in subsection 6.I.A. below, less any amounts deducted pursuant to the terms of Section 5 if the Developer does not meet the maximum FTE employment requirements RM:6987770:5 Boynton Beach, FL. #5911 7 of this Agreement: A. For the first through fifth disburscmcnts ("First Phase") of the Pledged Project Increment Revenues. the Developer shall be entitled to 75% of the Pr~iect Increment Revenues. For the sixth through tenth disbursements ("Second Phase"), the Developer shall be cntitled to 25% of the Project lncrcment Rcvenues. The Worksheet contained in Exhibit "B" provides additional information about the estimated Pr~ject Increment Revenues. B. Exhibit liB is for illustrative purposes only and it is acknowledged by the Developer that the annual disbursement is subject to the Palm Beach County Property Appraiser's annual assessed value of the Project aftcr dcvclopment and the approved millage rates set by the City of Boynton Beach and Palm Beach County. 6.2. Commencement and Conditions of Fundin2. The tcn (10) year term for the receipt of Pledged Project Increment Revenues shall commence in the year that the following conditions are met: A. Thc Project is Substantially Completed in accordance with the Site Plan: RM:6987770:5 Boynton Beach, FL. #5911 R B. The Project's completed improvements are placed on the Tax Roll; C. The Project complies with the commitments and the terms and provisions of this Agreement; D. The CRA has received Project Increment Revenues from such improvements. 6.3. Disbursement of Funds. Except as otherwise provided herein, the Pledged Project Increment Revenues shall be disbursed to Developer no earlier than January 15th of the year following the corresponding ad valorem tax year and no later than sixty (60) days after receipt of both Developer's required supporting documentation, as set forth above, and the revenues from the Tax Collector for the Pledged Project Increment Revenues. 6.4. No Other Pledee of Pledeed Proiect Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledgc by the CRA and agrees that these shall not be otherwise assigncd, pledged, hypothecated or secured by the CRA for the period covered by this Agreement. 6.5. Subordination. Any Pledged Project Increment Rcvenues of the CRA pursuant to this Agreemcnt are subordinatc to the plcdge of the tax increment revenues given to secure the eRA's Tax Increment Revenue Bonds pursuant to Resolutions 04-212 and 05-208, as amended and supplemented. In the event such subordination shall cause the Developer not to RM:6987770:5 Boynton Beach, FL. #5911 9 receive the payments to which it is entitled pursuant to this Agreement. then the term of thl~ Agreement shall be extended until the Developer receives the monies to which it is entitled. Section 7. Events of Default. Remedies and Termination. 7.1. Default. Upon the occurrence of anyone or more of thc following events listed below, all obligations of the eRA to disburse funds undcr this Agrecment shall terminatc at the option of the eRA. The eRA may, at its option, continue to make payments or portions 01 payments after the occurrence of one or more of such events without waiving the right to excrcise such remcdics and without incurring liability for additional payments. 7.1.1. Any representation Imowingly made by Developer in connection with this Agreement which is inaccurate, incomplete or false in any material respect. 7.1.2. The failure of Developer to observe or perfoml any of the material terms, covenants, conditions, obligations, or provisions of this Agreement or the approved Site Plan and such failure continues for a period of one hundrcd twenty (120) days after receipt of written notice thereof from the eRA, provided, however, that if the nature of Developer's failure is such that more than one hundred twenty (120) days is reasonably required to cure such failure, then Developer shall not be deemed to be in default if Developer commences such curc within the 120-day period after receipt of written notice and continues thereafter such cure to completion. RM:6987770:5 Boynton Beach, FL. #5911 ]0 7.1.3. Developer decides, in its sole discretion, to cease operation of the store during the ternl of this Agreement. 7.2. Remedies. Upon the OCCUlTence of anyone or more of the foregoing events and the failure of Developer to cure, CRA may exercise anyone or more of the following remedies except as limited herein: 7.2.1. Terminate this Agreement by providing not less than one hundred twenty (120) days notice to the address specified in Section 8.5 of this Agreement in the manner set forth therein. 7.2.2. Commence a legal action for repayment of funds disbursed to Developer as a result of fraud or material misrepresentation. 7.2.3. Withhold the disbursement of any payment or any portion of a payment. 7.2.4. The CRA's sole remedy for Developer ceasing to operate a store is strictly limited to Developer's repayment of the Project Increment Revenues received within the preceding one (1) year prior to the closing of the store to the public. 7.3. Attornev's Fees and Costs. Tn any judicial action ansmg from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and RM:6987770:5 Boynton Beach. FL. #5911 11 costs, at both the trial and appellate levels, from the non-prevailing party. However, the ('R;-\ shall not be required to exceed its limits of liability as set forth in section 76R.28. Florida Statutes. 7.4. Law and Remedv. This Agreement shall be governed by the laws of the State of Florida. Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No single or partial exercise by any party of any right, powcr, or remedy hereunder, shall preclude any other or additional exercise thereof except as specifically set forth herein. 7.5. Pavment. No payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance of any default or event of default. shall constitute a waiver of any such default or event of default or of such covenant, agreement. tenn, or condition or of any other covenant, agreement. term. or condition. No waiver of any default shall affect or alter this Agreement, but each and every covenant, agreement. ternl and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent default. Paymcnt by cither party of any amounts due under this Agreement shall be without prejudice to, and shall not constitute, a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such rcquest or demand. A 11 the tcrms. provisions. and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by, the parties hereto and their respective successors and assigns. The Agreement RM:6987770:5 Boynton Beach, FL. #5911 12 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, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement. 7.6. Remedies Under Bankruotcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any futurc federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicablc federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. 7.7 Term of Ae:reement. The term of this Agreement shall bc ten (10) years unless extended under the conditions set forth herein. Section 8. General Conditions. 8.1 CRA's Maintenance of Records and Annual Account Fundine:. Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect the terms of this Agreement. Such records shall clearly document for the benefit of the eRA and Developer, the Base Year amount and the annual revenue collected by the eRA attributable to the Project and the annual amounts owing and paid under this RM:6987770:5 Boynton Beach. FL. #5911 13 Agreement. 8.2. Successors and Assie:ns. The CRA and Developer each binds itself and its successors, executors, administrators and assigns to the other party and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the eRA or Devclopcr, nor shall it bc construcd as giving any rights or benefits hereunder to anyone other than the CRA and Developer, their successors and assigns. 8.3. No Brokers. eRA and Developer each represents to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any pcrson alleging to have acted for the indemnifying party in connection with this Agreement or the transactions contcmplated hereby. 8.4. Indemnification and Hold Harmless. Each party agrees to protect. defend, reimburse, indemnify and hold the othcr party, its agents, employees and elected officers free and hannless at all times from and against any and all claims, liability. expenses, losses. costs. fines and damages, including attorney's fees, and causes of every kind and character (collectively "Liability") against the other party which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the other party. Developer and eRA recognize the broad nature of this indemnification and hold h31mless clause, and voluntarily make this covenant and expressly acknowledges the receipt of good and RM:6987770:5 Boynton Beach, FL. #5911 14 valuable consideration provided by the other party in support of this clause in accordance with the laws of the State of Florida. The CRA's indemnification obligations shall not exceed the statutory limits provided within Scction 768.28 Florida Statutes, and the CRA does not waive its sovereign immunity rights. This paragraph shall survive the tennination of the Agreement. 8.5. Notices and other Communications. Whenevcr it is providcd herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with rcspect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a "Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, retum receipt requested, (ii) personal delivery with a signed rcceipt or (iii) a recognized national courier service, addressed as follows: If to Walmart: Associate General Counsel John Okwubanego Wal-Mart Stores, Inc. 2001 SE 10th Street, SWDC Bentonville, AR 72716-0550 With Copies to: Florida Real Estate Manager RM:6987770:5 Boynton Beach. FL. #5911 15 David Roett(l Wal-Mart Stores. Inc. 2001 SE 10th Street SWDC Bentonville. AR 72716-0550 Susan P. Motley. Esq. Ruden McClosky. 200 E. Broward Blvd.. Suite 1500 F011 Lauderdale, FL 33301 If to CRA: Boynton Beach Community Redevelopment Agency Lisa Bright, Executive Director 915 South Federal Highway Boynton Beach. Florida 33435 With Copies to: CRA Counsel James A. Cheror Goren, Cherof, Doody and Ezrol, P.A. 3099 E. Commercial Blvd., Suite 200 Fort Lauderdale. FL 33308-4311 8.5.1. Any Notice may be gIven ill a manner provided 111 this RM:6987770:5 Boynton Beach, FL. #5911 16 Agreement on either party's behalf by attomeys designated by such party in the Notice section hereunder. 8.5.2. Every Notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. 8.6. Time is of the essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 8.7. Entire Aereement. The eRA and Developer 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, modificd, superseded, or otherwise altered, except. by written instrument executed by the parties hereto. 8.8. Exhibits. Each Exhibit referred to in this Agreement torms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 8.9. Severabilitv. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those to RM:6987770:5 Boynton Beach, FL. #5911 17 which it was held invalid or unenforceable. shall not be affected therehy. and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 8.10. Priority of Interpretation. In the event of any conniet between the terms and conditions of this Agreement and the Direct Incentive Program. the terms and conditions of this Agreement shall prevail. 8.11. Headines. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 8.12. Insurance. All parties hereto understand and agree that neither the CRA or Walmart intend to purchase property insurance in connection with this Project. 8.13. Bindine Authoritv. Each party hcrcby rcprcscnts and warrants to the other that each person executing this Agreement on behalf of the CRA and Developer (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whosc behalf hc or shc is signing with respect to all provisions contained in this Agreement. SIGNATURES ON FOLLOWING PAGE RM:6987770:5 Boynton Beach, FL. #5911 1 R RM:6987770:5 Boynton Beach, FL. #5911 19 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. W AL-MART STORES EAST. LP, a Delaware limited partnership Witness Printed Name: By: WSE MANAGEMENT, LLC, a Delaware limited liability company and General Partner Bv: J, Chris Callaway, Regional Vice President, Design & Real Estate Witness Printed Name: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print name: --_._--~~- '-.- ~--~~.~----- Title: Chairperson Date: Print name: Print name: RM:6987770:5 Boynton Beach, FL. #5911 20 STATE OF ARKANSAS ) ) SS: COUNTY OF BENTON ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by J. CHRIS CALLA WAY, as Regional Vice President, Design & Real Estate, ofWSE MANAGEMENT, LLC, a Delaware limited liability company, the General Partner of W AL-MART STORES EAST, LP, a Delaware limited partnership, freely and voluntarily under authority duly vested in him by the limited liability company, He is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,20_, My Commission Expires: Notary Public Plinted, typed or stamped name of Notary Public ST A TE OF FLORIDA ) )SS: COUNTY OF PALM BEACH) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has cxecutcd the forcgoing Agrcement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official scal at in the State and County aforesaid on this _ day of I 20_ Notary Public, State of Florida at Large My Commission Expires: RM:6987770:5 Boynton Beach, FL. #5911 21 Exhibit" A" LEGAL DESCRIPTION OF PROPERTY Parcell: A parcel of land lying in Palm Beach County, Florida, more particularly described as follows: Commencing at the intersection of the Easterly right-of.wa y line of the Florida East Coast Railway with the East-West Quarter Section line of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; thence Easterly along said East- West Quarter Section line, a distance of 80.90 feet; thence Northerly, parallel with the said Easterly right-of-way of the Florida East Coast Railway, a distance of 62.67 feet to an intersection, wilh Ihc N0l1hcrly right-of-way line of Gulfstream Boulevard; thence Easterly along said NOl1herly righl-of-way line a distance of 70.55 teet to the point of curvature of a curve to the South having a radius of 1950.08 feet and a central angle of 50 59' 38"; thence Easterly along the arc of said curve a distance of 204 feet; thence continue Easterly, along said right-of-way line. tangent to said CUf\ c, a distancc of 68.82 feet to thc POmT OF BEGINNING of thc Parccl to be herein describcd; thcnce continue Easterly, along the same course. a distance of 217.96 feet to the poinl of a curvature of a curve concave to the Northwest having a radius of 20 feet and a central angle of 72" 27' 50"; thence Easterly and Northerly along the arc of said curve, a distance of 25.29 teet to a point in the westerly right-of- way line of U.S. Highway No. J (S.R. if 5); thence Northerly along said right-of~way line tangent 10 said curve, a distance of 180.03 feet: thence Westerly. making an angle with the preceding course of 107033' 34", measured from North to West. a distance 01'263.45 feet; thence Southerl). making an angle with the preceding course of980 33' 12" measured fi.ol1l East to South, a distance of 187.60 feet to the POINT OF BEGINNINCi aforedemibed Together With: Parcel 2: That certain piece, parcel or tract of land situate, lying and being in the City of Boynton Beach, County of Palm Beach and State of Florida, more particularly described as follows: Land in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. being more particularly described as follows: That part of the South Y2 of the Southwest Y. of the Northeast 1;.4 of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; lying East of the East right-of- way line of Old Dixie Highway, as now laid out and in use, West of the West right-of-way line of State Road 5 (U.S. No.1), as described in O.R. Book 160, Page 581 and North of the right-of-way of Gulfstream Boulevard, as described in OR. Book 944, Page 117, LESS the following described Tracts: TRACT A: Commencing at the intersection of the Easterly right-of-way line of the Florida East Coast Railway with the East-West 1;.4 Section line of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; thence Northerly along said Easterly right-of-way line, a distance of 370.00 feet; thence Easterly at right angles with the said Easterly right-of- way line, a distance of 30.00 feet to the POINT OF BEGINNING; thence continue Easterly along the same course, a distance of 60.00 feet; thence Northerly at right angles to the last described course, a distance of 30.00 feet; thence Westerly at right angles to the last described course, a distance of 60.00 feet; thence Southerly at right angles to the last described course, a distance of 30.00 feet to the POINT OF BEGINNING. TRACT B: RM:6987770:5 Boynton Beach, FL. #5911 22 Commencing at the intersection of the Easterly right-of-way line of the Florida East Coast Railway with the East-West ~ Section line of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; thence Easterly along said East-West ~ Section line, a distance of 80.90 feet; thence Northerly parallel with the said Easterly right-of-way line of the Florida East Coast Railway, a distance of 62.67 feet to an intersection with the Northerly right-of-way line of Gulfstream Boulevard; thence Easterly along said Northerly right-of-way line, a distance of 12.00 feet to the POINT OF BEGINNING; thence continue Easterly along the Northerly right-of-way line of Gulfstream Boulevard, a distance of 40.00 feet; thence Northerly at right angles, a distance of 40.00 feet; thence Westerly at right angles, a distance of 40.00 feet; thence Southerly at right angles, a distance of 40.00 feet to the POINT OF BEGINNING. TRACT C: Commencing at the intersection of the Easterly right-of-way line of the Florida East Coast Railway with the East-West ~ Section line of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; thence Easterly along said East-West ~ Section line, a distance of 80.90 feet; thence Northerly parallel with the said Easterly right-of-way of the Florida East Coast Railway, a distance of 62.67 feet to an intersection with the Northerly right-of-way line of Gulfstream Boulevard; thence Easterly along said Northerly right-of-way line, a distance of 70.55 feet to the point of curvature of a curve concave to the South having a radius of 1950.08 feet and a central angle of 50 59' 38"; thence Easterly along the arc of said curve, a distance of 204 feet; thence continue Easterly along said right-of-way line, tangent to said curve, a distance of 68.82 feet to the POINT OF BEGINNING of the parcel to be herein described; thence continue Easterly along the same course, a distance of 217.96 feet to the point of curvature of a curve concave to the Northwest having a radius of 20 feet and a central angle of 720 27' 50"; thence Easterly and Northerly along the arc of said curve, a distance of 25.29 feet to a point in the Westerly right-of-way line of U.S. Highway No.1 (S.R. No.5); thence Northerly along said right-of-way line tangent to said curve, a distance of 180.03 feet; thence Westerly making an angle with the preceding courses of 1070 33' 34", measured from North to West, a distance of 263.45 feet; thence Southerly making an angle with the preceding course of 980 33' 12" measured from East to South, a distance of 187.60 feet to the POINT OF BEGINNING aforedescribed. TRACT 0: That portion oftlle South Y2 of the Southwest Y4 oflhe Northeast Y4 of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, lying West of tlle Westerly right-of-way line of State Road No.5 (U.S. Highway No. I) as described in O.R. Book 160, Page 581, Public Records of Palm Bcach County, Florida, lying East of a line parallel to said right-of-way line and 40 feet West thereof and lying North of a line 19 feet South of and parallel to the North boundary of said South Yz of the Southwest Y4 of the Northeast Y4 of said Section 4. RM:6987770:5 Boynton Beach, FL. #5911 23 Exhibit "B 11\CE:.'\Tn"[ CALCt-LATIO~ \VORKSHEET WALMART Value of the Project pnor to Redeyelopmem :J 2300.000 (Aggregate Value of all propertle<; wlt11111 Prol;;,cT BoumLilrV) <; ,,097000 -' TOTAL ~ .'.39',000 Value of the ProJect after Redevel<.~plllel1t <; 11.093.000 .' Project Iucremen1 <; ! .6963)00 .,' TIT ReHtlUe:: (9~o.o or PrOJeCT InClement X t(It). :\1illt'lge - (oHm,:> j\'111b.ge) City Millage Rille' (; (\06763 City TIF Contribullon ;;:: 9:'0 ,) of ?roJt'C't l.tICfemellt X CIty :,lllli1g:" > .+9 .+-1.6 County MIllage Rate' o o (I..j. ,:' 44 CalUlly Comributlon ;;:: 950{. or Project 11lcremt'nt X (OlUlt). Ivfillng:e <; 31 '(1U .,' ":vlillage Rate!> are 'ol.'t 1l1l1111al1y bv the C It,:> and C ollmy ns part (,f rhelr fespect!'.'", budge! procebts -. - I. I TIT Reyenue created by Pr0je([ i ~, 81 20) I lucentiw Award;;:: Awnrd Factor X TIf Reyenue uellled by Pwjecr j I A ""ard Factor 7)\:10 ,-.--...-- ------- -- .-.------- Tot:t.l IU(,l:'ntin A"":Jnl S 60.904J 2 ---."---- Total Re-l11nllnng \\'Hil CR...:\ " ~():.Cll ' ~ -' , :'>lOTES The deyeioper lllC'eml';e award calcubtlC>l1S ~r'" b;:,~ed en (It'i. and ( on:;['.' :mll:1ge ",res t!l,lf are 3dj;t~ted anm:Jlly and t1tl3 :iz;:"d 9Y Dt'ceml'er ?-1 " e,f C':!,:b ".t',,[ Illceuu\'e :n\'3fd~ w1l1 :.,e paid n:~ Ape! 1 c' c.1' e2.d: \"e3: !C'lID.'....I::c' "ll'. .):. c td ;:P':'l1 'h", h:::d (l'~ and C ollnty "dF~tlllellh RM:6987770:S Boynton Beach. FL. #5911 f-' J'"Cel !J. C:\rc~1 8 Page 1 of 1 Brooks, Vivian From: lucas.anthony@kimley-horn.com Sent: Thursday, February 04, 20104:21 PM To: Brooks, Vivian Cc: Susan.Motley@ruden.com Subject: Walmart Store 5911, Boynton Beach, FL email1 of 2 Attachments: Boynton Beach Fountain.jpg; A2.2 Monument Sign 121409.pdf; Black and White Bldg Elevation.pdt Vivian, because of the file sizes this is a 2 part email. Please tind attached to this email some plans/exhibits for the proposed Walmart project. Susan Motley mentioned to me that you'd like to distribute this information to the CRA Board. Generally the attached plans are similar to what was presented at the P&D Board Meeting last week, but with some minor additions that consist of moving the public art (fountain) into the City's Right-of-Way along Gulfstream and also the addition of a trellis at the southeast corner behind the public art fountain. Also I've included the latest building elevation and a detail of the trellis, however please know that the building elevation is a "work in progress" and is probably changing as we speak. The intent is to have the building elevations squared away by Monday of next week, at which time we'll email those to you. If you have any questions or need anything additional please feel free to let me know. Thanks, Lucas Anthony, P.E. Kimley-Horn and Associates, Inc. 601 21st Street, Suite 300 Vero Beach, FL 32960 Direct: 772-794-4097 Fax: 772-562-9689 Mobile: 772-713-4425 2/4/2010 ,~,;;::::..;:;:7< ,:::;.,::::::..;:;,. -' , roo- .. "", "' ---~ ~-----'~ -- ----. ,-- .-----.. \ \ \ ~ .~~ H.; n;' n:: \ ~ l\ ~ ! \ ~\~i i \\ \ ~." . ~ l: \. l\" ~" ~ :'i\ ~ d~ , \ \ \i~ ~ ~t :S 'r '~~ \\t ~ ~ ~,\ ' \ ~~"' \I> ~~, I. ~~~ " \ ~ ; n \.n.n.... 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"I it I : Ii!! i, \: mii I~ Ii I u t t ~ II . ii i I .. . III I! ~ II II ~ II I. '\ 0....._.",>>-00-..__ ..\_\llP....\K-_.""..."...........I\~,_...'".._... - !:.... ~o -.Z ~c s:: 1"'1 Z 7' -i '1 ~Vl ~G) Z 1"'1 DI < ~O z 0 ;;l 3 ~z ~ 0 ~ lii f. ; ~ "I Ii DI a ~ ~ ,... ,/ - - " 1\ '1 - 5'-4. ~ ~ /DO 1- ~....&~O<f!> IN(IIIIJ UIllW ~ t?oo:. BOYNTON BEACH. FL STORE NO.70Ug r=llll 81RIR L-J . -!i..C: ....::::.=... ..'..--..~-...-- 1It\_...........~______""'- -. '" ~ '--' :I~DJ ~ II, : r~ . ~]r '-1 I ! J ~ "'Hn nu m ! ~ ill i ~ il~11111 ;;H ! f~ ! n l'P Ii ; sfl q IU i w ~I' J :~s ~ · I n ;IiOn&n5 I IH ~ U PqP 'I~ i II i I n ~ II .1 Ii :; i I '. q ~i let ~ 'II I ~I I I 11 1 " I I I i i~ f II I I ! ~ :. nc nnniliB i II ;~ i iil i i i III i Hi:liil;tl ~ I~ 'dn ; r Cl I. i ~15(i)n[jJ[jJu~~ Ii ~lii II . I (, ~ It: , i III ~ ~ if hi! ii . : · ; ~ . i e I - ~ .... li'!~ l! . . . , . , . ~. '" 1-' fl I . '1 r f f f r f f' f;l 11. ef ' ! n H ! H. li i~ I 'I I L pi ~ . I _ tvIVI..n.-....n6c:..Dp 1_ ~ .J_ · · i \1NICIIIIUIllllUU.c?O~ BOYNTON BEACH. FL I ' STORE NO.70I39 BIRIR .r"It.'I.r. J "- ~~~ctY~T8~CRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: February 9,2010 I I Consent Agenda I I Old Business IX I New Business Legal Other SUBJECT: Consideration of Application to HUD for Funding in the Amount of $294,000 to be used for Repairs to the Schoolhouse Children's Museum. SUMMARY: In 2006, the City through the CRA requested a federal appropriation from Senator Klein's office for the development of the joint fire and police training facility. The funding was awarded but the restrictions on the funding made it difficult to utilize. However, HOD did authorize the use of the funds for the repairs to the Schoolhouse Children's Museum. HUn requires that the CRA be the recipient of the funds and that the City be the sub recipient since the CRA was the original recipient of the funding. The CRA will reimburse the City for expenses up to the limit of the funding which is $294,000 through an ILA that will come before the City and CRA in March. The CRA must approve and sign the attached OMB application and remit to HOD. In turn, HUD will forward an agreement for the eRA to execute. It is expected the agreement will be on the March agenda. FISCAL IMPACT: The CRA will act as fiscal agent only and must certify that all requirements of the grant are adhered to. The CRA will retain 10% or $29,400 to cover administrative costs. CRA PLAN, PROGRAM OR PROJECT: Ocean District Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Approved submittal of the HUD grant application in the amount of $294,000 for repairs to the Schoolhouse Children's Museum. ~~ Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\02-09-10 Meeting\HUD Appl Schoolhouse.doc Close Form Next J Print Page I About OMS Number 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 I . 1. Type of Submission: I . 2. Type of Application: I . If Revision, select appropriate letter(s): o Preapplication !8J New I I l8l Application o Continuation . Other (S pecify) o Changed/Corrected Application o Revision I I . 3. Date Received: 4. Applicant Identifier: IcomPleted by Grants.gov upon submission I I I Sa. Federal Entity Identifier: . 5b. Federal Award Identifier I I I I State Use Only: 6. Date Received by State: I I /7. State Application Identifier I I 8. APPLICANT INFORMATION: . a. Legal Name: 'BOynton. e_Ch Community Redevelopment Agency I . b. EmployerlTaxpayer Identification Number (EINITIN): . c. Organizational DUNS. 143-1913410 I ~17193301 I d. Address: . Street1: 1915 S. Federal Highway I Streel2: I I . City: IBoynton Beach, I County: I I . State: IFL I Province: I I . Country: I USA: UNITED STATES I . Zip / Postal Code: 133435 I e. Organizational Unit: Department Name: Division Name: I I I I f. Name and contact Information of person to be contacted on matters involving this application: Prefix: I I . First Name: IUsa I Middle Name: IA I . Last Name: lBrlght I Suffix: I I Tille: IExecutive Director I Organizational Affiliation: I I . Telephone Number 1561-137 -3?56 I Fax Number" \561-737-3258 I . Ema;/: ~bfI'lJs I I CIodForm I Previous I Next Print Page I About OMB Number: 4040-0004 Expiration Date: 0113112009 Application for Federal Assistance SF-424 Version 02 9. Type of Applicant 1: Select Applicant Type: IMuniCipaIQovemmen., Agency I Type of Applicant 2: Select Applicant Type: I I Type of Applicant 3: Select Applicant Type: I I " Other (specify): I I . 10. Name of Federal Agency: tHUD , 11. Catalog of Federal Domestic AssIstance Number: I I CFDA Title: I I · 12. Funding Opportunity Number: t B-08-SP-FL-0052 I "Title: Economic Development Initiative-Special Proje.ct 13. Competition Identification Number: I I Title: I I 14. Areas Affected by Project (Cities, CountIes, States, etc.): I I " 15. DescrIptive Title of Applicants Project: Renovation of Educational Facility-Schoolhouse Children's Museum and Learning Center Attach supporting documents as specified in agency instructions. r ~;AJi~ff.~ II~'~-.l IVlewAttachment8 I Close Form Previous J Next Print Page About OMS Number 4040-0004 Expiration Date. 01/31/2009 A.flplication for Federal Assistance SF424 Version 02 . 9. Is ADDllcation Sublect to Review Bv State Under Executive Order 12372 Process? 16. Congressional Districts Of: . a. Applicant J22 I . b. ProgramlProject 122 I Attach an additional list of Program/Project Congressional Districts if needed ~ 20. Is the Applicant Delinquent On Am ~s L I 17. Proposed Project: , a. Start Date: ~2101/09 I . b. End Date: I I 18. Estimated Funding ($): . a. Federal ~94,000 I 'b. Applicant . c. State . d. Local . e. Other . f. Program Income I I . g. TOTAL 1294,000 I I D a. This application was made available to the State under the Executive Order 12372 Process for review on I I D b. Program is subject to E.O. 12372 but has not been selected by the State for review. [gJ c. Program is not covered by E.O. 12372. I DYes DNa Exp!r:m<1tiofl I 21. 'By signing this application, I certify (1) to the statements contained in the list of certifications.' and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) [gJ .. I AGREE I ., The list of certifications and assurances, or an internet site where you may obtain this list. is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: I I . First Name: ILisa I Middle Name: IA I , Last Name: laright I Suffix: I I , Tille: lExecutive .Dlrector I . Telephone Number: l56t...731.,,'lOM I Fax Number: 1561-737-3258 I 'Email: 1bri9~.us I , Signature of Authorized Representative: I I . Date Signed: I I Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMS Circular A-102 Close Form Application for Federal Assistance SF-424 * Applicant Federal Debt Delinquency Explanation Previous Print Page I About OMS Number: 4040-0004 Expiration Date: 01/31/2009 Version 02 The following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Maximum number of characters that can be entered is 4,000. Try and avoid extra spaces and carriage returns to maximize the availability of space. Assistance Award/Amendment U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument Cooperative Agreement X Grant 3. Instrument Number 4. Amendment Number B-08-SP-FL-0052 7. Name and Address of Recipient City of Boynton Beach Community Redevelopment Agency 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 EIN: 59-6000282 2. Type of Action X Award 5. Effective Date of this Action Amendment 6. Control Number 8 HUD Administering Office CPD, EDI Special Project Division 451 7th Street, SW, Rm 7146 Washington. DC 20410-7000 8a. Name of Administrator 8b. Telephone Number 10. Recipient Project Manager Kurt Bressner 9. HUD Government Technical Representative Herbert Mallette 202-402-4885 11. Assistance Arrangement Cost Reimbursement Cost Sharing X Fixed Price 14. Assistance Amount 12. Payment Method Treasury Check Reimbursement Advance Check X Automated Clearinghouse 13. HUD Payment Office Chief Financial Offlcier Previous HUD Amount HUD Amount this Action $294,000.00 I Total HUD Amount $294,000.00 I Recipient Amount Total Instrument Amount $294.000.00 I 15. HUD Accounting and Apropriation Data 15a. Appropriation Number 15b. Reservation Number EID08 Amount Previously Obligated Obligation by this Action $294.000.00 I Total Obligation $294,000.00 I 16. Description Boynton Beach Community Redevelopment Agency in Boynton Beach. FL for construction of an educational facility This Award consists of the following items which are appended to and hereby made part of this Award: (A) Cover Page - HUD 1044 (B) Grant Agreement Special Conditions: Please contact Ubaldo Cazzoli - DUD Area Environmental Officer at 305-536-4652, Ubaldo_A._Cazzoli@hud.gov concerning environmental review. NO FUNDS may be committed to the project or drawn down prior to environmental release of funds approval. 17. Recipient is required to sign and return three \3) copies of this document to the HUD Administering Office. 19. Recipient (By Name): Mr. Kurt Bressner 18 ReCIpient is not required to sign thiS document X Signature & Title: Executive Director Previous Editions are Obsolete Date: 20. HUD (By Name): Robert Duncan Signature and Tille: Date: ADAS f()f Economic Development form HUD-1044 (8/90) Ref Handbook 2210 17 FY 2008 EDI-SPECIAL PROJECT NO. B-08-SP-FL-0052 GRANT AGREEMENT (Includes Sub-Grantee) This Grant Agreement between the Department of Housing and Urban Development (HUD) and City of Boynton Beach Community Redevelopment Agency (the Grantee) is made pursuant to the authority of Public Law 110-161 (Consolidated Appropriations Act, 2008) and a listing of certain specific Economic Development Initiative Special Projects specified in the Congressional Record of December 17, 2007. The amount shown below is 98.00% of the amount specified in the Congressional Record of December 17, 2007, because of a 2.00% reduction mandated by the Act. The Grantee's application, as may be amended by the provisions of this Grant Agreement, is hereby incorporated into this Agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows: Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $294,000 available to the Grantee. The Grantee agrees to abide by the following: ARTICLE 1. HUD Requirements. The Grantee agrees to comply with the following requirements for which HUD has enforcement responsibility. A. The grant funds will only be used for activities described in the application, which is incorporated by reference and made part of this Agreement as may be modified by Article VIII (A) of this Grant Agreement. B. EQUAL OPPORTUNITY REQUIREMENTS The grant funds must be made available in accordance with the following: 1. For projects involving housing, the requirements of the Fair Housing Act (42 V.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107. 2. The requirements of Title VI of the Civil Rights Act of 1964 (41 U.S.c. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part I. 3. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 V.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U .S.c. 794) and implementing regulations at 24 CPR Part 8. 4. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60. 5. For those grants funding construction covered by 24 CFR 135, the requirements of section 3 of the Housing and Urban Development Act of 1968, (12U.S.C. 1701u) which requires that economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, be given to low- and very low-income persons and to businesses that provide economic opportunities for these persons. 6. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with HUD's responsibilities under these Orders, the Grantee must make efforts to encourage the use of minority and women's business enterprises in connection with grant funded activities. See 24 CFR Part 85.36(e), which describes actions to be taken by the Grantee to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. 7. Where applicable, Grantee shall maintain records of its efforts to comply with the requirements cited in Paragraphs 5 and 6 above. C. ENVIRONMENTAL REVIEW REQUIREMENTS. 1. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee agrees to assume all of the responsibilities for environmental review and decision- making and actions, as specified and required in regulations issued by the Secretary pursuant to the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58. 2. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital, or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe, or Alaskan Native Village, within which the project is located and which exercises land use responsibility, to assume all of the responsibilities for environmental review and decision-making as specitIed in paragraph C I above. and the Grantee shall cany out all of the responsibilities of a recipient under 24 CFR Part 5x D. Administrative requirements of OMB Circular A-I33 "Audits of States, Local governments and Non-Profit Organizations." E. For State and Local Governments, the Administrative requirements of 24 CFR Part 85, including the procurement requirements of 24 CFR Part 85.36, and the requirements of OMB Circular A-8? regarding Cost Principles for State and Local Governments. For Non-Profits, the Administrative requirements of 24 CFR Part 84, including the procurement requirements of 24 CFR Part 84.40, and OMB Circular A- 122 regarding Cost Principles for Non-Profit Institutions. For Institutions of Higher Education the applicable OMB Circular regarding Cost Principles is A-21. F. The regulations at 24 CFR Part 87, related to lobbying, including the requirement that the Grantee obtain certifications and disclosures from all covered persons. G. The regulations at 24 CFR Part 21, regarding requirements for Drug- Free Workplace. H. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24. 1. The Grantee will comply with all accessibility requirements under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8, where applicable. J. The regulations at 24 CFR Part 35, where applicable, regarding Lead-Based Paint Poisoning Prevention in Certain Residential Structures. K. The regulations at 24 CFR Part 5.109, where applicable, regarding Equal Participation of Religious Organizations in HUD Programs and Activities. ARTICLE 11. Agreement to Entorce Compliance by the Sub-Grantee with the requirements of this Grant Agreement. A. The Grantee agrees to enter into a Sub-Grant Agreement with each Sub-Grantee that will have responsibility for designated aspects of project performance as identified in the application and Article VIII (B) of the Grant Agreement. The Sub-Grant Agreement shall commit the Sub-Grantee to comply with the terms of this Grant Agreement. B. The Grantee agrees to enforce compliance by the Sub-Grantee with the tenns of this Agreement. C. The Sub-Grant Agreement between the Grantee and the Sub-Grantee shall contain the following: 1. The activities to be undertaken by the Sub-Grantee, consistent with the activities described in the Grantee's application as modified by Article VIII (A) of this Grant Agreement. 2. All applicable equal opportunity requirements set forth in Article I, Section B of this Grant Agreement. 3. Anti-lobbying requirements in 24 CFR Part 87, including the requirement to provide certain certifications and/or disclosures to the Grantee. 4. The administrative requirements of 24 CFR Part 84 or Part 85 as appropriate and Treasury Circular 1075, that grants funds shall not be requested or disbursed by the Grantee until needed and shall be the minimum amount necessary. Additional requirements for draw downs are in Articles III and IV. 5. The cost charges to the grant must be allowable (including the "reasonable and necessary" standard) and allocable as specified in OMB Circular A-87, A- 122 or A-21 as appropriate. 6. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24. 7. The Grantee will comply with all accessibility requirements under section 504 of the Rehabilitation Act of 1973 (29 V.S.C. 794) and implementing regulations at 24 CFR Part 8, where applicable. 8. Restrictions on participation by ineligible, debarred or suspended persons or entities as described in Executive Order 12549 and at CFR 24 Part 5.1 05( c). ARTICLE III. Conditions Precedent to Draw Down. The Grantee may not draw down grant funds until the following actions have taken place: A. The Grantee and each Sub-Grantee have executed a contract as required by Article II B. The Grantee has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying and by 24 CFR 24.51 O(b) regarding ineligibility, suspension and debarment. C. Any other conditions listed in Article VIII ( C ) of this Grant Agreement. ARTICLE IV. Draw Downs. A. A request by the Grantee to draw down grant funds under the Voice Response Access system or any other payment system constitutes a representation by the Grantee that it and all participating parties are complying with the terms of this Grant Agreement. B. The Grantee will be paid on an advance basis provided that the Grantee minimizes the time elapsing between transfer of the grant funds and disbursement for project C. Before the Grant Agreement is signed, the Grantee may incur cost for activities which are exempt from environmental review under 24 CFR Part 58 and may charge the costs to the grant. ARTICLE V. Progress Reports. A. The Grantee shall submit to the Grant Officer a progress report every six-months after the effective date ofthe Grant Agreement. Progress reports shall consist of (l) a one-page narrative of work accomplished during the reporting period and (2) a completed Financial Status Report - Form 269 A. HUD may require additional information or increased frequency of reporting as described in article VIIl c. B. The performance reports must contain the information required under 24 CFR Part 85.40(b) (2) or 24 CFR Part 84.51(a), as applicable including a comparison of actual accomplishment to the objectives indicated in the approved application, the reasons for slippage if established objectives were not met, and additional pertinent information including explanation of significant cost overruns. C. No grant drawdowns will be approved for projects with overdue progress reports. ARTICLE VI. Project Close-out. A. The grantee shall submit to the Grant Officer a written request to close-out the grant 30 days after the grantee has drawn down all funds and completed the activities described in the application, as may be amended. The final report shall consist of (1) a narrative of all work accomplished during the project period and (2) a completed Financial Status Report - Form 269 A covering the entire project period. HUD will then send the Close-out Agreement and Close-out Certification to the Grantee. At HUD's option, the Grantee may delay initiation of project close-out until the resolution of any HUD monitoring findings. If HUD exercises this option the Grantee must promptly resolve the findings. B. The Grantee recognizes that the close-out process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any review in any way possible, including making available records requested by HUD and the project for on-site HUD inspection. C. The Grantee shall provide to HUD the tollowing documentation: 1. A Certificate of Project Close-out. 2. A Grant Close-out Agreement. ~. A final financial report giving the amount and types of project costs charged to the grdllt (that meet the allowability and allocability requirements afOMB Circular A~J22. A-87 or A-21 as applicable. including the "necessary and reasonable" standard)~ a certification of the costs, and the amounts and sources of other project funds. 4. A final performance report providing a compaJ;son of actual accomplishment with each of the project commitments and objectives indicated in the approved application, the reasons for slippage if established objectives were not met and additional ~rtinent information including explanation of significant cost overruns. D. TIle Grantee agrees that the grant funds are alJowabJe only to the extent that the project costs, meeting the standard ofOMB Circular A-122, A-87, or A-21 as applicable, equal the grant amount plus other sources of projects funds provided. E. When HOO has detennined that the grant funds are allowable. the activities were completed as described by the Grant Agreement, and all Federal requirements were satisfied, ROO and the Grantee will sign the Close-out Agreement and Close-out Certificate. ARTICLE VII. Default. A default under this Grant Agreement shall consist of using grant funds for a purpose other than as authorized by this Agreement, any noncompliance with legislative, regulatory, or other requirements applicable to the Agreement, any other material breach of this Agreement, or any material misrepresentation in the application submissions. ARTICLE VIII. Additional Provisions. A. Project Description. The project is as described ill the application with the following changes: B. Changes or Clarification to the Application Related to Participating Parties: The grantee may elect to sub-grant all or a portion of this grant to: City of B{)~ ton Beach- The Adminstrative Agent if any: C. Special Conditions: The Consolidated Appropriations Act, 2008 provides that no funds made available under the Act may be used to support any Federal, State or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For purposes of this provision. public use shall not be construed to include economic development that primarily benefits private entitites. U.S. Department of Housing and Urban Development City of Boynton Beach Community Redevelopment Agency Mr. Kurt Bressner Authorized Signature Authorized Signature Robert Duncan Associate Deputy Assistant Secretary for Economic Development Title Date Date (; G~,', " r(, \. \- ," ., v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 9,2009 0 ANNOUNCEMENTS/PRESENTATIONS 0 CITY MANAGER'S REPORT 0 ADMINISTRATIVE ~ NEW BUSINESS NATURE OF 0 CONSENT AGENDA 0 LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL 0 SETTLEMENTS 0 UNFINISHED BUSINESS ~ PUBLIC HEARING 0 REQUESTED ACTION BY CITY COMMISSION: Adoption of Resolution No. R10-022 Recommending that Wal-Mart Stores East, LP STore No. 5911 be Approved as an Eligible Business Under the State of Florida Brownfield Statutes and Approval of a Local Contribution Pursuantto Section 288.107(1)(E)2, Florida StaMes. EXPLANATION OF REQUEST: The recently designated brownfield area provides for certain economic incentives to redevelop properties within the CRA. Per FSS 288.107 the designation provides for an incentive to create jobs. The proposed Wal-Mart store at Gulfstream and S. Federal Highway is expected to create 225 new jobs of which150 will be full-time jobs. Wal-Mart Stores East, LP is requesting a $500 match for each full-time equivalent job to the Office of Tourism, Trade and Economic Development (OTTED) job incentive tax credit of $2,500 per full-time job. The financial match to the OTTED incentive will be paid by the CRA over a five year period per the Interlocal Agreement to follow. The estimated match will be approximately $75,000 or $15,000 per year from the CRA budget. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact. FISCAL IMPACT: There will be no fiscal impact to the City's budget. Do not adopt the resolution. Vivian L. Brooks Assistant Director, CRA 1 2 RESOLUTION NO. RlO-022 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, RECOMMENDING THAT WAL-MART 6 STORES EAST, LP STORE NO. 5911 BE APPROVED AS 7 AN ELIGIBLE BUSINESS PURSUANT TO SECTION 8 288.107(1)(E)2, FLORIDA STATUTES; ELECTING TO 9 CONTRIBUTE LOCAL FINANCIAL SUPPORT; 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the Legislature of the State of Florida has created and amended Section 13 288.107, Florida Statutes, to encourage Brownfield redevelopment and job creation; and 14 15 WHEREAS, Wal-Mart Stores East, LP ("Wal-Mart") wishes to add a business unit in 16 the City of Boynton Beach (the "City"), which is identified by Wal-Mart as Store no. 5911, 17 and projects to hire two hundred and twenty five (225) new associates within one (1) year of 18 completing construction and obtaining a certificate of occupancy; and 19 20 WHEREAS, the business unit that Wal-Mart wishes to add will be constructed on 21 land currently located in the City of Boynton Beach, Palm Beach County, Florida as more 22 specifically described in Exhibit A; and 23 24 WHEREAS, the parcel that Wal-Mart wishes to add its business unit on is located 25 within a Brownfield Area previously designated by the City pursuant to Resolution R-09-173; 26 and 27 28 WHEREAS, the business unit that Wal-Mart wishes to add will be important to the 29 City in terms of jobs created and wages paid as well as the new businesses, jobs, and wages 30 that will be created by others as a result ofWal-Mart's presence in the City. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 33 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 34 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption 37 hereof. 38 39 Section 2. The City Commission hereby recommends Wal-Mart be approved as a 40 Brownfield Redevelopment Bonus Refund Eligible Business pursuant to Section 41 288.107(1)(e)2, Florida Statutes. 42 43 Section 3. The City Commission hereby elects to provide a local match of five 44 hundred dollars ($500.00) for each job created by Wal-Mart at Store no. 5911 (hereinafter, the 45 "Local Match"). For purposes of this paragraph, the term "job" shall mean full-time 46 equivalent positions as that term is defined at Section 288.107(1 )(f), Florida Statutes. {M2885406;l } 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Section 4. The Local Match shall be based on the number of jobs certified by the Governor's Office of Tourism Trade and Economic Development and transmitted by the City to Wal-Mart over a five year period in equal installments. The first payment shall be made no later than twelve (12) months following issuance to Wal-Mart of a certificate of occupancy for Store No. 5911. Section 5 This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of February, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) {M2885406; i} - - fIiJj~ ~., ~ -:, ! ~ '~ ~ ~l'" eflorida.com The Brownfield Redevelopment Bonus Refund is available to encourage redevelopment and job creation within designated brownfield areas. A pre-approved applicant may receive a tax refund equal to 20 percent of the average annual wage of the new jobs created in a designated brown field area up to a maximum of $2,500 per new job created. Refunds are based upon taxes paid by the business, including corporate income, sales, ad valorem, intangible personal property, insurance premium, and certain other taxes. No more than 25 percent of the total refund approved may be paid in any single fiscal year. The Brownfield Redevelopment Bonus may be awarded in addition to the Qualified Target Industry (OT/) Tax Refund provided under s. 288.106, Florida Statutes. (Please refer to the Qrt Tax Refund information sheet for additional information.) 4Ki!y lDefinitions "Brownfield sites" means real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination. "Brownfield area" means a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which has been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental-Protection-Agency-designated brownfield pilot projects. 'llig'lJJ1Uty. To qualify, an applicant must locate within a brownfield area and: . Be certified as QTI business as defined in Section 288.106, F.S., or . Be a business that can demonstrate a fixed capital investment of at least $2 million in mixed-use business activities, including multiunit housing, commercial, retail, and industrial in brownfield areas, or at least $500,000 in brownfield areas that do not require site clean up, and which provides benefits to its employees; . Create at least 10 new permanent Florida full-time jobs with benefits (including health insurance at a minimum), excluding construction and site remediation jobs; . Show that the project will diversify and strengthen the economy of the area surrounding the site; . Show that the project will promote capital investment in the area beyond that contemplated for the rehabilitation of the site; . Provide a resolution from the city or county commission recommending the applicant for the incentive and, at the option of the city or county, committing the community to provide a local match equaling 20 percent of the tax refund. If a community elects to be exempt from the local match requirement, the applicant is only eligible for 80 percent of the refund for which they would otherwise qualify. The local match exemption must be requested in a resolution of the local governing authority; and . Either execute a Brownfield Site Rehabilitation Agreement (BSRA) with the Department of Environmental Protection or demonstrate as many of the following elements as possible: . Significant remediation or redevelopment of a site outside the formal BSRA framework and certification (via separate letter) that knowledge of the state brownfield program and benefits played a significant role in the decision to proceed with that remediation or redevelopment. . Documented discussion of the availability of the Brownfield Redevelopment Bonus incentive among project contacts and state and local economic development officials prior to proceeding with the project. .Submission of a Brownfield Redevelopment Bonus application prior to making a relocation or expansion decision. .Adoption of the Brownfield Redevelopment Bonus local support resolution before the commencement of operations of the project business. {Page 1 of 2} Statutes & Constitution :View Statutes :->2009->Ch0288->Section 107 : Online Sunshine Page 1 of 4 Select Year: 2009 I Go I The 2009 Florida Statutes Title XIX PUBLIC BUSINESS Chapter 288 COMMERCIAL DEVELOPMENT AND CAPITAL IMPROVEMENTS View Entire ChgPt~r 288.107 Brownfield redevelopment bonus refunds.-- (1) DEFINITIONS.--As used in this section: (a) "Account" means the Economic Development Incentives Account as authorized in s. 288.095. (b) "Brownfield sites" means sites that are generally abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by actual or perceived environmental contamination. (c) "Brownfield area" means a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which has been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental-Protection-Agency- designated brownfield pilot projects. (d) "Director" means the director of the Office of Tourism, Trade, and Economic Development. (e) "Eligible business" means: 1. A qualified target industry business as defined in s. 288.106(1 )(0); or 2. A business that can demonstrate a fixed capital investment of at least $2 million in mixed-use business activities, including multiunit housing, commercial, retail, and industrial in brownfield areas, or at least $500,000 in brownfield areas that do not require site cleanup, and which provides benefits to its employees. (f) "Jobs" means full-time equivalent positions, as that term is consistent with terms used by the Agency for Workforce Innovation for the purpose of unemployment compensation tax, resulting directly from a project in this state. The term does not include temporary construction jobs involved with the construction of facilities for the project and which are not associated with the implementation of the site rehabilitation as provided in s. 3Z(?,SQ. (g) "Office" means the Office of Tourism, Trade, and Economic Development. http://www.leg.state.fl.us/Statutes/index.cfm? App _mode===Display _ Statute&Search _ String===... 2/3/2010 Statutes & Constitution :View Statutes :->2009->Ch0288->Section 107 : Online Sunshine Page 2 of 4 (h) "Project" means the creation of a new business or the expansion of an existing business as defined in s.288.106. (2) BROWNFIELD REDEVELOPMENT BONUS REFUND. --Bonus refunds shall be approved by the office as specified in the final order issued by the director and allowed from the account as follows: (a) A bonus refund of $2,500 shall be allowed to any qualified target industry business as defined by s. 2aa, 10~ for each new Florida job created in a brownfield area which is claimed on the qualified target industry business's annual refund claim authorized in s. 288.106(5). (b) A bonus refund of up to $2,500 shall be allowed to any other eligible business as defined in subparagraph (1 He)2. for each new Florida job created in a brownfield which is claimed under an annual claim procedure similar to the annual refund claim authorized in s. 288.106(5). The amount of the refund shall be equal to 20 percent of the average annual wage for the jobs created. (3) CRITERIA.--The minimum criteria for participation in the brownfield redevelopment bonus refund are: (a) The creation of at least 10 new full-time permanent jobs. Such jobs shall not include construction or site rehabilitation jobs associated with the implementation of a brownfield site agreement as described in s. 376.80(5). (b) The completion of a fixed capital investment of at least $2 million in mixed-use business activities, including multiunit housing, commercial, retail, and industrial in brownfield areas, or at least $500,000 in brownfield areas that do not require site cleanup, by an eligible business applying for a refund under paragraph (2)(b) which provides benefits to its employees. (c) That the designation as a brownfield will diversify and strengthen the economy of the area surrounding the site. (d) That the designation as a brownfield will promote capital investment in the area beyond that contemplated for the rehabilitation of the site. (e) A resolution adopted by the governing board of the county or municipality in which the project will be located that recommends that certain types of businesses be approved. (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.-- (a) To be eligible to receive a bonus refund for new Florida jobs created in a brownfield, a business must have been certified as a qualified target industry business under s. 288.106 or eligible business as defined in paragraph (1 He) and must have indicated on the qualified target industry tax refund application form submitted in accordance with s. 288.106(3) or other similar agreement for other eligible business as defined in paragraph (1 )(e) that the project for which the application is submitted is or will be located in a brownfield and that the business is applying for certification as a qualified http://www.1eg.state.fl.us/Statutes/index.cfm?App _ mode=Display _ Statute&Search _ String=... 2/3/2010 Statutes & Constitution :View Statutes :->2009->Ch0288->Section 107 : Online Sunshine Page 3 of 4 brownfield business under this section, and must have signed a qualified target industry tax refund agreement with the office which indicates that the business has been certified as a qualified target industry business located in a brownfield and specifies the schedule of brownfield redevelopment bonus refunds that the business may be eligible to receive in each fiscal year. (b) To be considered to receive an eligible brownfield redevelopment bonus refund payment, the business meeting the requirements of paragraph (a) must submit a claim once each fiscal year on a claim form approved by the office which indicates the location of the brownfield, the address of the business facility's brownfield location, the name of the brownfield in which it is located, the number of jobs created, and the average wage of the jobs created by the business within the brownfield as defined in s. 288.106 or other eligible business as defined in paragraph (1 He) and the administrative rules and policies for that section. (c) The bonus refunds shall be available on the same schedule as the qualified target industry tax refund payments scheduled in the qualified target industry tax refund agreement authorized in s. 266,JQ6 or other similar agreement for other eligible businesses as defined in paragraph (1 He). (d) After entering into a tax refund agreement as provided in s. 268.10{> or other similar agreement for other eligible businesses as defined in paragraph (1)(e), an eligible business may receive brownfield redevelopment bonus refunds from the account pursuant to s. 288.106(2)(c). (e) An eligible business that fraudulently claims a refund under this section: 1. Is liable for repayment of the amount of the refund to the account, plus a mandatory penalty in the amount of 200 percent of the tax refund, which shall be deposited into the General Revenue Fund. 2. Commits a felony of the third degree, punishable as provided in s. 775.082, s. Z75.083, or s. Z75.084. (f) Applications shall be reviewed and certified pursuant to s. 288.06J~ The office shall review all applications submitted under s. 288.109. or other similar application forms for other eligible businesses as defined in paragraph (1 He) which indicate that the proposed project will be located in a brownfield and determine, with the assistance of the Department of Environmental Protection, that the project location is within a brownfield as provided in this act. (g) The office shall approve all claims for a brownfield redevelopment bonus refund payment that are found to meet the requirements of paragraphs (b) and (d). (h) The director, with such assistance as may be required from the office and the Department of Environmental Protection, shall specify by written final order the amount of the brownfield redevelopment bonus refund that is authorized for the qualified target industry business for the fiscal year within 30 days after the date that the claim for the annual tax refund is received by the office. (i) The total amount of the bonus refunds approved by the director under this section in any fiscal year must not exceed the total amount appropriated to the Economic Development Incentives Account for http://www.leg.state.fl.us/Statutes/index.cfm?App _ mode=Display _ Statute&Search _ String=... 2/3/2010 Statutes & Constitution :View Statutes :->2009->Ch0288->Section 107 : Online Sunshine Page 4 of 4 this purpose for the fiscal year. In the event that the Legislature does not appropriate an amount sufficient to satisfy projections by the office for brownfield redevelopment bonus refunds under this section in a fiscal year, the office shall, not later than July 15 of such year, determine the proportion of each brown field redevelopment bonus refund claim which shall be paid by dividing the amount appropriated for tax refunds for the fiscal year by the projected total of brownfield redevelopment bonus refund claims for the fiscal year. The amount of each claim for a brownfield redevelopment bonus tax refund shall be multiplied by the resulting quotient. If, after the payment of all such refund claims, funds remain in the Economic Development Incentives Account for brownfield redevelopment tax refunds, the office shall recalculate the proportion for each refund claim and adjust the amount of each claim accordingly. (j) Upon approval of the brownfield redevelopment bonus refund, payment shall be made for the amount specified in the final order. If the final order is appealed, payment may not be made for a refund to the qualified target industry business until the conclusion of all appeals of that order. (5) ADMINISTRATION.-- (a) The office may verify information provided in any claim submitted for tax credits under this section with regard to employment and wage levels or the payment of the taxes to the appropriate agency or authority, including the Department of Revenue, the Agency for Workforce Innovation, or any local government or authority. (b) To facilitate the process of monitoring and auditing applications made under this program, the office may provide a list of qualified target industry businesses to the Department of Revenue, to the Agency for Workforce Innovation, to the Department of Environmental Protection, or to any local government authority. The office may request the assistance of those entities with respect to monitoring the payment of the taxes listed in s. 288.106(2). History.--s. 11, ch. 97-277; s. 8, ch. 98-75; s. 40, ch. 2000-210; s. 4, ch. 2000-317; s. 12, ch. 2002-294; s. 9, ch. 2003-36; s. 18, ch. 2009-51. Copyright @ 1995-2010 The Florida Legislature. Privacy Statement. Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App _ mode=Display _ Statute&Search_ String=... 2/3/2010 -- r f!!r ,- - - .~ e florida. com ~P.P'n(i:t'tion Process . In order to participate, a company must apply to Enterprise Florida, Inc. (EFI). EFl staff will shepherd businesses and communities through the entire application process, ensuring that the company and community understand what is required for a complete, effective application, . EFI reports its evaluation of the application and recommendation to the Director of the Office ofTourism, Trade, and Economic Development (OTTED) who makes the final decision on the project. ,fAlmf6V~llP#)t:.ss . OTTED's approval or disapproval of the application is in the form of a certification letter. . If the application is approved, the certification letter will indicate the amount and schedule of tax refunds approved, as well as the number of jobs and average wage rate for the project jobs as stated in the application. . Once the Brownfield Redevelopment Bonus application is approved, the business will begin working directly with OTTED to finalize the tax refund agreement. Within 120 days of issuance of the certification letter, the eligible business and the Director of OTTED must sign a written tax refund agreement. :~lll"und jR"b(e~S . The business submits a claim to OTTED each year for the scheduled tax refund. . If all the terms of the tax refund agreement are met, OTTED pays the refund. -tatutory Reference: Section 288.107, Florida Statutes I ': Ii "!f' 'I' <171., ...fI. ' ....tf" ~...~.. ~\ ....--: ',.....' - . ,~... (.~ \ ~. 1 t . - . j 'I . - J I ,'., ..~ ;''1~., \;. ~'., ~ J ..~. \~~ , ~ " ~.'" \ .~,- {Page 2 of 2} For additional information, please contact: Enterprise Florida, Inc. 800 North Magnolia Avenue. Suite 1100. Orlando, Florida 32803 407.956.5600 8.,.I'J,Ofl::O', ~~/;:.., ' fJ)r 0V[i\~rrr-r i'j ~T[I' ~\{r:r 0fJiiJ. J]fr-[ . "~'\, ''!I!A/. ~ .' _.^ . IJII,I \, I ,I ,",~l) I\-J.: j ., \ 1- ~ ,,f- rH t.-,[ . , .... ," '0' < I . ) .../I~:.,/.'(t,.~(~,~~ rJ,(\tJIJr( rif.::I:fJI'oJ!J' . L' eflorida.com I) oj 11\. ,) 1\ IX \1, r The Brownfield Redevelopment Bonus Refund is available to encourage redevelopment and job creation within designated brown field areas. A pre-approved applicant may receive a tax refund equal to 20 percent of the average annual wage of the new jobs created in a designated brown field area up to a maximum of $2,500 per new job created. Refunds are based upon taxes paid by the business, including corporate income, sales, ad valorem, intangible personal property, insurance premium, and certain other taxes. No more than 25 percent of the total refund approved may be paid in any single fiscal year. The Brownfield Redevelopment Bonus may be awarded in addition to the Qualified Target Industry (QT/) Tax Refund provided under s. 288. 706, Florida Statutes. (Please refer to the QT! Tax Refund information sheet for additional information.) Ii~y .!>~finition_s "Brownfield sites" means real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination. "Brownfield area" means a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which has been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental-Protection-Agency-designated brownfield pilot projects. r ---eii-f6fHf-. - -. - - - ---'.5.!...9_Y___ _ ___ __ To qualify, an applicant must locate within a brownfield area and: . Be certified as QTI business as defined in Section 288.106, F.S., or . Be a business that can demonstrate a fixed capital investment of at least $2 million in mixed-use business activities, including multiunit housing, commercial, retail, and industrial in brownfield areas, or at least $500,000 in brownfield areas that do not require site clean up, and which provides benefits to its employees; . Create at least 10 new permanent Florida full-time jobs with benefits (including health insurance at a minimum), excluding construction and site remediation jobs; . Show that the project will diversify and strengthen the economy of the area surrounding the site; . Show that the project will promote capital investment in the area beyond that contemplated for the rehabilitation of the site; . Provide a resolution from the city or county commission recommending the applicant for the incentive and, at the option of the city or county, committing the community to provide a local match equaling 20 percent of the tax refund. If a community elects to be exempt from the local match requirement, the applicant is only eligible for 80 percent of the refund for which they would otherwise qualify. The local match exemption must be requested in a resolution of the local governing authority; and . Either execute a Brownfield Site Rehabilitation Agreement (BSRA) with the Department of Environmental Protection or demonstrate as many of the following elements as possible: . Significant remediation or redevelopment of a site outside the formal BSRA framework and certification (via separate letter) that knowledge of the state brownfield program and benefits played a significant role in the decision to proceed with that remediation or redevelopment. . Documented discussion of the availability of the Brownfield Redevelopment Bonus incentive among project contacts and state and local economic development officials prior to proceeding with the project. .Submission of a Brownfield Redevelopment Bonus application prior to making a relocation or expansion decision. . Adoption of the Brownfield Redevelopment Bonus local support resolution before the commencement of operations of the project business. r {Page 1 of 2} ~iiJjj,:~~ , 7Rn]fl~.rMJ]r=; p r:[Ii;!~j.rfJ(';nlJr..tJ'i;" \ ~.\ '.N!f.?:,1' . ! J .1) \ '. I '. I Il-l-l) 1'\ I -I) I _ \ J _, j 1- I \ 1'" _ \ I ,,: "'::'M~;f:~.:;:.1,:;;: fJ r, [JfI'- 1;' r:[rrr:;.r~1 . II eflorida.com ) 1 J ... I ;" IL.l lJ ~ . '~ppli'cation Process . In order to participate, a company must apply to Enterprise Florida, Inc. (EFI). EFI staff will shepherd businesses and communities through the entire application process, ensuring that the company and community understand what is required for a complete, effective application. . EFI reports its evaluation of the application and recommendation to the Director of the Office ofTourism, Trade, and Economic Development (OTTED) who makes the final decision on the project. ~A[p-rovaIJ~roces~ - ~ . OTTED's approval or disapproval of the application is in the form of a certification letter. . If the application is approved, the certification letter will indicate the amount and schedule of tax refunds approved, as well as the number of jobs and average wage rate for the project jobs as stated in the application. . Once the Brownfield Redevelopment Bonus application is approved, the business will begin working directly with OTTED to finalize the tax refund agreement. Within 120 days of issuance of the certification letter, the eligible business and the Director of OTTED must sign a written tax refund agreement. _ __.--J ~e!unaproce~s _ . The business submits a claim to OTTED each year for the scheduled tax refund. . If all the terms of the tax refund agreement are met, OTTED pays the refund. {Page 2 of 2} For additional information, please contact: Enterprise Florida, Inc. 800 North Magnolia Avenue. Suite 1100 . Orlando, Florida 32803 407.956.5600 Rev. 08:()9 '((~- ,(( '\ . r- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 9,2009 0 ANNOUNCEMENTS/PRESENTATIONS 0 CITY MANAGER'S REPORT 0 ADMINISTRATIVE IZI NEW BUSINESS NATURE OF 0 CONSENT AGENDA 0 LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL 0 SETTLEMENTS 0 UNFINISHED BUSINESS IZI PUBLIC HEARING 0 REQUESTED ACTION BY CITY COMMISSION: Consideration of Entering into an ILA with the CRA Regarding the Brownfield Eligible Business Financial Contribution on behalf of Wal-Mart Store No. 5911 EXPLANATION OF REQUEST: The recently designated brownfield area provides for certain economic incentives to redevelop properties within the CRA. Per FSS 288.107 the designation provides for an incentive to create jobs. The proposed Wal-Mart store at Gulfstream and S. Federal Highway is expected to create 225 new jobs of which150 will be full-time jobs. Wal-Mart Stores East, LP is requesting a $500 match for each full-time equivalent job to the Office of Tourism, Trade and Economic Development (OTTED) job incentive tax credit of $2,500 per full-time job. The financial match to the OTTED incentive will be paid by the CRA over a five year period per the attached lriterlocal Agreement between the City and CRA. The estimated match will be approximately $75,000 or $15,000 per year from the CRA budget. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact. FISCAL IMPACT: There will be no fiscal impact to the City's budget. Do not adopt the resolution. Vivian . Brooks Assistant Director, CRA INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT OF A MATCH TO THE BROWNFIELD REDEVELOPMENT BONUS REFUND ON BEHALF OF W AL-MART STORES EAST, LP STORE NO. 5911 PURSUANT TO SECTION 288.107(1)( e )2, FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE. THIS AGREEMENT, made and entered into on the 2010 by and between: day of 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 "eRA") WITNESSE TH: WHEREAS, CITY and CRA (the "Parties") desire to encourage Brownfield redevelopment and job creation; and WHEREAS, the City has approved a match of $500 per job under the Brownfield Redevelopment Bonus Refund Eligible Business Program pursuant to Section 288.107(l)(e)2, Florida Statutes to Wal-Mart Stores East, LP, which is identified as Wal-Mart Store No. 5911, and WHEREAS, the Parties negotiated and desire to enter into an Interlocal Agreement ("Agreement") for the CRA to pay the Brownfield Redevelopment Bonus Refund Eligible Business Program match to Wal-Mart Stores East, LP on behalf of the City, and 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 Page 1 of6 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 upon final payment to Wal-Mart Stores East, LP per the terms of Resolution No. Section 3. COMPENSATION 3.01 The Parties agree that the Brownfield Redevelopment Bonus Refund per Resolution No. shall be paid by the CRA on behalf of the City. Payments shall be made to Wal-Mart Stores East, LP per the terms and conditions of Resolution No. Section 4. DUTIES AND RESPONSIBILITIES OF CRA 4.01 The Parties agree that the Brownfield Redevelopment Bonus Refund per Resolution No. shall be paid by the CRA on behalf of the City. Payments shall be made to Wal-Mart Stores East, LP per the terms and conditions of Resolution No. Section 5. INSURANCE Page 2 of6 5.01 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 AM. Best Guide. Section 6. RECORDS 6.01 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 7. ASSIGNMENT 7.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 8. DEFAULT 8.02 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 9. COMPLIANCE WITH LAWS 9.01 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. Page 3 of6 Section 10. VENUE 10.01 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 11. GOVERNING LAW 11.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 12. ENTIRE AGREEMENT 12.01 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 bath 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 13. SEVERABILITY 13.01 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 14. NOTICES 14.01 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 Page 4 of6 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 15. INTERPRETATION 15.01 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 50f6 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida By: Jerry Taylor, Mayor ATTEST: Janet Prainito, City Clerk Approved as to form: City Attorney BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida By: Jerry Taylor, Chair Approved as to form: CRA Attorney H:\2007\070473 BBCRA\ILA-City (Design ofSeacrest).doc Page 6 of6 . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 9,2010 NATURE OF AGENDA ITEM OPENINGS OTHER ANNOUNCEMENTSIPRESENTA TIONS ADMINISTRATIVE CONSENT AGENDA BIDS AND PURCHASES OVER $100,000 CODE COMPLIANCE AND LEGAL SETTLEMENTS PUBLIC HEARING CITY MANAGEPl.'S REPORT FUTURE AGENDA ITEMS NEW BUSINESS LEGAL UNFINISHED BUSINESS REQUESTED ACTION BY CITY COMMISSION: Consideration of request by Lake Worth Christian School to hold a fundraising carnival on school property in a non-confonning zoning district. EXPLANATION OF REQUEST: Lake Worth Christian School located at 7592 High Ridge Rd in Boynton Beach has submitted a special event permit to have a carnival located on the school property from Thursday, 3/11/2010 through Saturday, 3/13/2010. Staff cannot grant this request administratively because the Zoning Ordinance specifically prohibits this type of use on this parcel. Lake Worth Christian School is requesting a zoning exception. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NfA FISCAL IMPACT: Potential generation of additional police and fire personnel costs currently not budgeted. ALTERNATIVES: Disallow the event or amend the zoning code. Lake Worth Christian School 7592 High Ridge Rd. Boynton Beach, FL 33426 February 4, 2010 Commissioner Marlene Ross City of Boynton Beach 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Mr. Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Lake Worth Christian School Festival Dear Commissioner Ross and Mr. Bressner, Lake Worth Christian School located at 7592 High Ridge Rd in Boynton Beach in an effort to fundraise to help offset financial obligations of the school has submitted a special event permit to have a carnival located on our property from Thursday, 3/11/2010 through Saturday, 3/13/2010. We have been informed that since the school is not zoned as industrial that a carnival can not occur at our location and the only way to have this event at our location is to get a special exception for our location regarding the zoning which requires either the city manager or the commission to grant this exception. Additionally, if the special exception is granted at the next City Commission meeting on 2/16/2010 that our permit would be less than the required 30 days to file for a special event permit and we would be requesting an exception for that as well. I have been in contact with Vicki Lloyd, Administrative Associate, Special Event Permit Coordinator off and on for over a year trying to make sure that we covered all the requirements to hold this carnival and she has been most helpful however, we both were unaware of this zoning issue. Consequently, we took the liberty and expense of contracting with the carnival, temporary restroom facilities, soda trailer with stock, ice trailer, security, marketing, overflow parking, lining up volunteers and contacting sponsors for this event. I have past experience as a festival chairman as a fundraiser in Palm Springs at S1. Luke Catholic School and it has literally helped keep the school in business. St Luke has a special allowance from Palm Springs to hold a festival every year and in addition to the financial benefits, it really brings the community together. So when my daughter started to attend Lake Worth Christian School for high school, I saw the possibilities for such an event being held and the benefits it would provide to the school and believe it would be an asset for the community. The specifics of our event have been provided to Vicki Lloyd in the permit format additionally she was given a detailed map of the festival layout which would be available to review. Lake Worth Christian School 7592 High Ridge Rd. Boynton Beach, FL 33426 We are requesting that Lake Worth Christian School be granted a zoning exception to hold a carnival hopefully on a yearly basis and would need a special event permit exception of less than 30 days as previously stated. If the commission needs to address this issue, please place us on the agenda for the next meeting on 2/16/2010. We appreciate your time and consideration to this matter. Sincerely, Jim Adams Festival Chairman 561-267-7499 CC: Vicki Lloyd Administrative Associate Special Event Permit Coordinator City of Boynton Beach 128 E. Ocean Ave. P.O. Box 310 Boynton Beach, FL 33425-0310 Michael Rumpf Director of Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 /:,' iF'" . ~ ." 1!~~~Y~T8~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: February 9,2010 I I Consent Agenda I I Old Business I X I New Business I I Legal I I Other SUBJECT: Consideration of Entering into an ILA with the City Regarding the Brownfield Eligible Business Financial Contribution SUMMARY: The recently designated brownfield area provides for certain economic incentives to redevelop properties within the CRA. Per FSS 288.107 the designation provides for an incentive to create jobs. The proposed Wal-Mart store at Gulfstream and S. Federal Highway is expected to create 225 new jobs of which150 will be full-time jobs. Wal-Mart Stores East, LP is requesting a $500 match for each full-time equivalent job to the Office of Tourism, Trade and Economic Development (OTTED) job incentive tax credit of $2,500 per full-time job. The financial match to the OrTED incentive will be paid by the CRA over a five year period per the attached Interlocal Agreement between the City and CRA. The estimated match will be approximately $75,000 or $15,000 per year from the CRA budget. FISCAL IMPACT: Approximatley $75,000 or $500 per job created as certified by the Office of Tourism, Trade and Economic Development CRA PLAN, PROGRAM OR PROJECT: CRA Economic Development Plan and the Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Approve the !LA between the CRA and City providing for the CRA to fund the $500 per job match to Wal-Mart Stores East, LP /J1/ L--- Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 . 2010 Board Meetings\02-09-10 Meeting\ILA CRA WalMart Brownfield.doc INTERLOCAL AGREEMENT BETWEEN CiTY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT OF A MATCH TO THE BROWNFIELD REDEVELOPMENT BONUS REFUND ON BEHALF OF W AL-MART STORES EAST, LP STORE NO. 59] 1 PURSUANT TO SECTION 288.]07(l)(e)2, FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE. THIS AGREEMENT, made and entered into on the 2010 by and between: day of 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 ofthe State of Florida 915 S. Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to as "eRA") WIT N E SSE T H: WHEREAS, CITY and CRA (the "Parties") desire to encourage Brownfield redevelopment and job creation; and WHEREAS, the City has approved a match of $500 per job under the Brownfield Redevelopment Bonus Refund Eligible Business Program pursuant to Section 288.107(1)(e)2, Florida Statutes to Wal-Mart Stores East, LP, which is identified as Wal-Mart Store No. 5911, and WHEREAS, the Parties negotiated and desire to enter into an lnterlocal Agreement ("Agreement") for the CRA to pay the Brownfield Redevelopment Bonus Refund Eligible Business Program match to Wal-Mart Stores East, LP on behalf of the City, and 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 Page 1 of 6 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 upon final payment to Wal-Mart Stores East, LP per the terms of Resolution No. Section 3. COMPENSATION 3.01 The Parties agree that the Brownfield Redevelopment Bonus Refund per Resolution No. shall be paid by the CRA on behalf of the City. Payments shall be made to Wal-Mart Stores East, LP per the terms and conditions of Resolution No. Section 4. DUTIES AND RESPONSIBILITIES OF CRA 4.01 The Parties agree that the Brownfield Redevelopment Bonus Refund per Resolution No. shall be paid by the CRA on behalf of the City. Payments shall be made to Wal-Mart Stores East, LP per the terms and conditions of Resolution No. Section 5. INSURANCE Page 2 of6 5.01 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 6. RECORDS 6.01 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 7. ASSIGNMENT 7.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 8. DEFAULT 8.02 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 9. COMPLIANCE WITH LA WS 9.01 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. Page 3 of6 Section 10. VENUE 10.01 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 11. GOVERNING LAW 11.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 12. ENTIRE AGREEMENT 12.01 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 13. SEVERABILITY 13.01 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 14. NOTICES 14.01 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 Page 4 of6 CRA: Lisa A. Bright, Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cheraf Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Section 15. INTERPRETATION 15.01 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 INTENTION ALL Y LEFT BLANK Page 5 of6 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida By: Jerry Taylor, Mayor ATTEST: Janet Prainito, City Clerk Approved as to form: City Attorney BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida By: Jerry Taylor, Chair Approved as to form: CRA Attorney H:\2007\0704 73 BBCRA \JLA-City (Design of Seacrest).doc Page 60f6 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 5[ Island Music Friday March 19, 2010 6:00 - 9:00 PM Sundown Country Band Friday April 16, 2010 6:00 - 9:00 PM Crlcldewood - Oldies 5[ Rock Friday May 21,2010 6:00 - 9:00 PM Pure Justice Band - Rhythm 5[ Blues l!!~NY~er:RA iIi East Side-West SIde-Seaside Renaissance . The Palnl Beach Post PalmSeachPost com m OVI~S 0" T.u~ .nV.I;. II!!~RY~emcRA __ East Side-West S,de-Seas,de Renaissance . 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