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Agenda 03-15-10 CRA Board Meeting Monday, March 15, 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 i. Board Attorney Request for Closed Door Session to Discuss Litigation (see XI, A & B below)-Board Attorney suggests this matter be deferred one additional Board Meeting. 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 February 9, 2010 B. Approval of Minutes – CRA Special Board Meeting February 19, 2010 C. Approval of Period Ended February 28, 2010 Financial Report D. Monthly Procurement Purchase Orders E. Approval of Commercial Rent Subsidy Program Grant to Beachcomber Art in the Amount of $7,200 F. Approval of Community Meeting Grant to Juanita Meeks Chapter 394 of The International Masons and Order of Eastern Stars Building and Charitable Association of St. Petersburg, Inc. G. Approval of Commercial Façade Grant to Flamingo Plaza H. Jesus House of Worship Property Lease Renewal I. Splashdown Divers, Inc. Commercial Lease Renewal J. Approval of MPO’s Water Taxi Capital Facilities Grant Agreement VII.Pulled Consent Agenda Items: VIII.Information Only: A. CRA Policing Activity Report for the Month of February 2010 and District Statistics for the Months of January and February 2010 B. Public Comment Log Monthly Update C. CRA Media D. New Contract for Trolley Advertising E. NSP Foreclosure Information IX.Public Comments: (Note: comments are limited to 3 minutes in duration) X.Old Business: A. Consideration of Revisions to Commercial Façade Grant B. Consideration of Land Exchange between the City and CRA C.s Consideration of CRA Office Option D. Boynton Harbor Marina Slip Reconstruction Project Update XI.New Business: A. 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. 502009CA001119XXXXMB – TABLED February 9, 2010. Board Attorney suggests this matter remain tabled for one additional Board Meeting. B. Discussion of Action Regarding the Case of Boynton Beach Community Redevelopment Agency v. Delray-Boynton Academy, Inc., Robert Winder and Bank Atlantic, Case No. 502009CA001119XXXXMB– TABLED February 9, 2010. Board Attorney suggests this matter remain tabled for one additional Board Meeting. C. Promotion Requests at CRA Events XII.Future Agenda Items XIII. Comments by Staff XIV. Comments by Executive Director XV. Comments by CRA Board Attorney XVI. Comments by CRA Board XVII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY ,/ MATTER CONSIDERED AT THIS MEETING HESHE WILL NEED A RECORD OF THE PROCEEDINGS ,,/ AND FOR SUCH PURPOSE HESHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE , PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH .(..286.0105) THE APPEAL IS TO BE BASED FS 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 (561)737-3256-M CONTACT THE CRA AT AT LEAST TWENTYFOUR HOURS PRIOR TO THE EETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR . REQUEST ~~~~Y~Te~ eRA iIII1 East Side-West Side- Seas,de Rena',ssance CRA Board Meeting Monday, March 15,2010 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 i. Board Attorney Request for Closed Door Session to Discuss Litigation (see XI, A & B below)-Board Attorney suggests this matter be deferred one additional Board Meeting. 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 February 9,2010 B. Approval of Minutes - CRA Special Board Meeting February 19,2010 C. Approval of Period Ended February 28,2010 Financial Report D. Monthly Procurement Purchase Orders E. Approval of Commercial Rent Subsidy Program Grant to Beachcomber Art in the Amount of $7,200 F. Approval of Community Meeting Grant to Juanita Meeks Chapter 344 of The lntemational Masons and Order of Eastem Stars Building and Charitable Association of St. Petersburg, Inc. G. Approval of Commercial Fayade Grant to Flamingo Plaza H. Jesus House of Worship Property Lease Renewal I. Splashdown Divers, Inc. Commercial Lease Renewal J. Approval ofMPO's Water Taxi Capital Facilities Grant Agreement VII. Pulled Consent Agenda Items: VIII. Information Only: A. CRA Policing Activity Report for the Month of February 201 0 and District Statistics for the Months of January and February 2010 B. Public Comment Log Monthly Update C. CRA Media D. New Contract for Trolley Advertising E. NSP Foreclosure Information IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Old Business: A. Consideration of Revisions to Commercial Fayade Grant B. Consideration of Land Exchange between the City and CRA C. Consideration ofCRA Office Options D. Boynton Harbor Marina Slip Reconstruction Project Update XI. New Business: A. 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. 502009CAOOl119XXXXMB - TABLED February 9,2010. Board Attorney suggests this matter remain tabled for one additional Board Meeting, B. Discussion of Action Regarding the Case of Boynton Beach Community Redevelopment Agency v. Delray-Boynton Academy, Inc., Robert Winder and Bank Atlantic, Case No. 502009CA001119XXXXMB- TABLED February 9, 2010. Board Attorney suggests this matter remain tabled for one additional Board Meeting. C. Promotion Requests at CRA Events XII. Future Agenda Items XIII. Comments by Staff XIV. Comments by Executive Director XV. Comments by CRA Board Attorney XVI. Comments by CRA Board XVII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F .S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. Me~ting Minutf:''"' f~:,)mm!ln Hyr.;." ""d'~"l.fr-+j prru~ m~ 'Boynton A('::~~~(~tL "'"'"~'::",:';nll..;""""'.-"!"':' -- ._--"........-:--~~.....---. ....rl--'~....._-.,.-..- --...- ,.;,-'nurry '12, 2010 ---~-~-...,,..~.-".--.~~.~-~,,,.,~..~.~,,. ""'?!"""'.~-,-~..-., . ," I.p.,,, 11;'-, ,. ';~'g -.!t1tA~'::0 ".+"'t"'r\nn( 1..:;:"\ .....,r:;.- . -::1io,C-!', ,,":;'),.:;." :~ .- ~ ~'. ,',.~" ..,., ;;:,.' .. \.~ . '; I" ~~~.I'~",\ 5,0.:r.:. Jti rrfi~t,p,~; ~y- 'j";":':";' "Ii""''''- ,:+:,'.'.':;\'~'~r-: ~:. '~nr!scaptng and for ~nl.proVf~ments ,v,;... ' ... ", "'H.";~'",.d~veloprnent /\qenc~' how jf they ~~:"~';.\., ".t~:' . '," ,~'l,~~~ "I";' ,..~: -- ...~,p. ~;p.-.),~ -a;~c' i"':: tJH~ :3!'_'~art.': ',,'~lOU~~j ~~''-.,!PPu<-; ',;,,>- ,( 'c r .:;~. , ;.~. ~_ .1,' r ..i'"'' "",,"r: 'iMa:,~ ~8DO :),,~, Ms. 8riph1 ;"'v {tIE, gr~nt if ~~e Soard agreec' to the . '.~ ,~"\.i ';)!;:' c.\:~:l;\CX': ~~lX'if:,!J\r!, ~,a'~:'\F , lJ..Jt2T ~\}fthe-1 ,,(' ,,', ""',e 'r" tt1~' f,:;0;:UC ,~--'" '), "".'~ .... '~J\: ,:,.; ::..... ~ ,.. ..,1 yo, .,' . ';' \ ,~, ,. ~'.~" ," '-',,""1""" .....,~,;' ~. 1fr-'.... -.....i~.r~,'~.,.~\. \i1s Bnqni exolalned the March meeting fell on Election Day. The Commission Chamber ",q<: CJ'vrti!;!l;lp ~Aarcr .. :;th 29th. 30th and 3~st After discussion, the Board agreed to ., ,', ~}Y" 5th M5 Bright would send Mr. Rodriguez an email to determine if he ':\,';:1' ",H;:-,h~~?" r' .n,,:' ~,r'c.ttno "!':' i" 06\/Gl0plnent v\1orKsnoo vilas being heid concurrent to the meeting +. ,;~' f i '31m::~ ~enter The qext class was scheduled for the next night as well. ,nmncsd she xeep Board apprised of its progress. Additionally, :::ommt;nity ::;omf~litteE rqeeIin9~here was a ~-equest for two types ot '-''c'' 'first being 'for a Commercial Rea! Estate Workshop to explain retail to ;.:" Houslnq \Norkshop. /\l\Iorkshoo was, scheduled for Tuesday, ::::.c:brl\;",\r\" CJ:, \ ,'.) 'b qU01"l'm ''''i?~6 unavr,dable, they wouid not hold thE' workshop. in 'M:::1!". "C ,f :he ~;ommittE'B. :'i:~_, .:":r~qh ,_,('>1 +'~,! ~ _f.. i' " e:. ~:), - -, ' .~,.;,; the. ;302~~-r~ :~ :i~,. '~';(\=,'\~\P8C she t"l:lS contacted by t.he proprietor ,dye ,=l't.'nki.7'--;. w!v:, H,dicateC !:e iW'; Ip 'c.1 sj~n and 'A,I?C fined without receiving notice TrOTT: ')11" ,.']';-'1!:;.l!f:n':C-"'.'aclviS0( shf' vl/o1Jld be speaking with Scott Bfasie, Code ;omnJi"':l!1r, /\dminislf:::ttor abou) ':he matter it appeared the issue was the sign was .:.~r"~- GT~~;- ;~!~( '~'c.'_ ,)-';.IV' .; ,-,; , . IV. AGENDA APPROVAL: A. Additions, Deletions, Corrections to the Agenda i. Board Attorney Request for Closed Door Session to Discuss Litigation (See XI. New Business, A & B) v. ANNOUNCEMENTS & AWARDS: A. Ocean Avenue Concert r' 1IJ~~<!Y~Te~CRA iIi East Side-West Side-Seas.,de Renaissance eRA BOARD MEETING OF: March 15,2010 I I Consent Agenda 1 Old Business New Business Public Hearing 1 X 1 Other SUBJECT: Ocean Avenue Concert - Friday, March 19,2010. SUMMARY: . On Friday, March 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, . Sundown Band will be performing Country 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 ~~ G:\BiscuitiK\CRA Board\Mar 2010 Ocean Avenue Concert.doc Friday March 19, 2010 6:00 - 9:00 PM Sundown Country Band Friday April 16, 2010 6:00 - 9:00 PM Crlcklewood - Oldies 81 Rock Friday May 21, 2010 6:00 - 9:00 PM Pure Justice Band - Rhythm & Blues 1!1IlRY~emcRA _ East Side-West Slde-Seaslde Renaissance . The Palin Beach Post PalmBl'acl,P",t (Olll ~ ) ) v. ANNOUNCEMENTS & AWARDS: B. Movies on the Ave. ". );.," '" ~lIII~<tY~T8~ eRA iIi East Side-West Side- Seas',de Renaissance eRA BOARD MEETING OF: March 15,2010 1 Consent Agenda Old Business New Business Public Hearing 1 X I Other SUBJECT: Movies on the Ave. - Friday, April 2, 2010. SUMMARY: . On Friday, April 2, 2010, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post will present a Movies on the Ave film screening, · The award winning musical Hairspray, PG, will be the featured film. · This FREE event will take place from 7:00 PM to 9:00 PM · Located at the Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. . Food and Drink vendors are available. · Bring your folding chairs or blankets. . Parking available onsite. . No pets please. FISCAL IMP ACT: Budgeted in line item 02-58500-480. RECOMMENDATIONS: None ~h~ Kathy BISCWtI Special Events Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\03- 15-10\ApriI2010 Movies on the Ave..doc ') m OVI.I;S 0" T.JI.I; .nV.I;. Friday April 2, 2010 7:00 - 9:00 PM Hairspray, Rated PG . ~ ., ) ~~flY~8~RA iIi East Side-West S,de-Seas,de Renaissance . The PalIn Beach Post PalrnBcJ( hP,."t tl)n. VI. CONSENT AGENDA: A. Approval of Minutes - CRA Board Meeting February 9, 2010 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, FEBRUARY 9,2010 Present: Woodrow L. Hay, Vice Chair Ron Weiland Marlene Ross Lisa Bright, Executive Director James Cherof, Board Attorney Absent: Jerry Taylor, Chair Jose Rodriguez I. Call to Order - Vice Chair Woodrow Hay Vice Chair Hay called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation Mr. Weiland offered the invocation followed by the Pledge of the Allegiance to the Flag. III. Roll Call Roll call determined a quorum was present. Vice Chair Hay indicated Chair Taylor was out of town and Mr. Rodriguez was unable to attend. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda 1. Board Attorney Request for Closed Door Session to Discuss Litigation (see XI. F. and G below) Ms. Bright pointed out the staff had provided the materials for Item VI.F. on the Consent Agenda, regarding the Sister Cities, to be added to the agenda. Attorney Cherof recommended Item A.1, the request for a closed-door session, and Items XI. F and G be tabled until a full Board was present. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9,2010 Motion Mr. Weiland moved to table Items A.1 and XI.F and G. Ms. Ross seconded the motion. The motion passed unanimously. B. Adoption of Agenda Motion Ms. Ross moved to approve the agenda as amended. Mr. Weiland seconded the motion. The motion passed unanimously. V. Announcements & Awards A. Ocean Avenue Concert B. Movies on the Avenue Kathy Biscuiti, Special Events Director, announced February 19, 2010 would be the second in a series of Ocean Avenue Concerts. The Wildfire band would be playing a special blend of island music with a great lead singer. Food and drink vendors would be available. Attendees would need to bring their own chairs or blankets to sit on. No pets were allowed. It was a free event with free parking. Vice Chair Hay inquired if there would be enforcement of the no pets restriction. Ms. Biscuiti advised the eRA police would be present. On March 5, 2010 would be the Movies on the Avenue featuring My Life in Ruins, a romantic comedy. The movie would be from 7 p.m. to 9 p.m. Refreshments would be available and chair and blankets would be needed. Again, no pets would allowed. Mr. Weiland expressed his faith in Ms. Biscuit; that it would be another big hit. 'Vice Chair Hay announced the Heritage Fest would be on February 19 and 20, 2010. It would begin on Friday from 6 p.m. to 9 p.m. and then on Saturday from 11 a.m. to 6 p.m. He urged everyone to attend to support the Heritage Fest on MLK Boulevard. 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) 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9,2010 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 $1,500. Ms. Ross pulled item VI.F. for discussion. Motion Mr. Weiland moved to approve the Consent Agenda as amended. Ms. Ross seconded the motion. The motion passed unanimously. VII. Pulled Consent Agenda Items F. 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. Ms. Ross wanted to bring attention to the donation to the Sister Cities Committee. Previously the City was able to assist with funding. Ms. Bright noted the program impacts Galaxy Elementary and Poinciana Heights Elementary. Last Thursday was the unveiling of the Graffiti Art Mural on MLK which was a similar type activity leading towards the Youth Violence Prevention Program. Mr. Weiland divulged he had been approached by the Chair of the Sister Cities Committee requesting funding from the CRA. He indicated the conditions for funding had to be met and the program pertains to children in the CRA area. It has a positive influence on the children who are the future of the City. Vice Chair Hay agreed with Mr. Weiland that any benefit to the children would be a plus. Motion Ms. Ross moved to approve. Mr. Weiland seconded the motion, The motion passed unanimously. 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 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9, 2010 Ms. Ross questioned if the noise complaint from the marina renovation involved the Noise Ordinance. Ms. Bright explained the CRA had embarked on redoing the submerged portion of the marina with the $2 million received from the County's Waterway Bond Grant. It was being done on private land and all City Codes and Ordinances would have to be followed. Ms. Bright confirmed with the Code Compliance Administrator and the Police that there was compliance with all the regulations. The pilings were all destroyed during the hurricanes of 2004/2005 and they had to be repaired before moving forward with the next phase. County Commissioner Abrams had been consulted. Boynton Beach would have the first marina village along the intracoastal waterway opened for economic development. C. CRA Media D. Habitat for Humanity of South Palm Beach County Thank You Letter for $500 Donation to Collegiate Challenge 2010 Ms. Bright reported the volume of calls relating to the economic development program had increased dramatically. The rent subsidy, tenant improvement and signage had resulted in an average of 30 calls a week attempting to take advantage of the program. It was tested as a pilot and demand may require further funding to support the need. It was a way for the CRA to partner with private developers and make small business ownership a reality. Mr. Weiland added an economic development package would not have been necessary a couple years ago. The CRA should be the economic spark plug to assist retaining businesses and attracting new businesses. Hopefully in the future the need would not be so great. Vice Chair Hay commented it was a win-win for everyone and he was happy it was succeeding. Mr. Weiland discussed Item D and explained the funds were earmarked to help feed college kids who volunteer their spring break to build homes. The donation will help both the students and the organization to assist in building a home or two. Vice Chair Hay suggested visiting 3rd Street and NW 6th Avenue for a first hand look at the progress being made. It was a team effort and very inspiring. Ms. Ross commended Margee Walsh, the Marketing and Communications Director, on the two articles; one featured in the South Florida Business Journal and the other in the Boynton Forum. One press release outlined the three small business programs. Ms. Bright announced a portrait of Buck Buchanan would be pUblished in an article in Florida Trends that will feature Boynton Beach as a place to live and grow in Palm Beach County. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach. FL February 9, 2010 IX. Public Comments: (Note: comments are limited to 3 minutes in duration) Nancy Chandler, 914 NE ih Street, pointed out the official record contains an illegible map of the brownfield areas and it was not marked Exhibit A. She suggested it should be investigated if the map could be reproduced in color. Attorney Cherof responded the original document and exhibit on record with the Clerk's office has a large format that could easily be read. No one else coming forward. the public comments were closed. X. Old Business: A. Consideration of Supporting Ongoing Maintenance of Landscape for SE 4th Street. Vivian Brooks, Assistant Director, reported the City had asked if the CRA would consider ongoing maintenance of trees ~'anted in the median on SE 4th between Ocean Avenue and SE 12th as part of the 4 Street Avenue utility project. The City was seeking a grant to plant 60 to 70 drought tolerant sabal palms. The maintenance items would be fertilization. mulching, trimming and litter control. There would be reclaimed water for irrigation. Originally the CRA was to pay for all above ground improvements such as street lights, landscaping and sidewalks to enhance the roadway with an estimated cost of $5.7 million. The bids came in at $2.7 million. The current agreement calls for the eRA to pay $973,000 of the project costs. There was an award from Mary McCarty's monies of $300,000 for a total cost of $1.4 million. The City was awarded a grant from South Florida Water Management in the amount of $995,600. Ms. Brooks pointed out the CRA was carrying the bulk of the cost of the utility project. The projected annual cost of maintenance is $9,600. Staff did not recommend approval. Mr. Weiland realized it was originally a utility project funded by the City and the CRA subsequently agreed to pay a big part of the cost and carry 83% of the total expense. The City was unable to fund the Sister City program, the Holiday Extravaganza and this project was being passed to the CRA. He urged the Board to not support the maintenance expense and he would not vote to approve the expense. It should be the City's responsibility. Ms. Ross agreed with staff's recommendation to not approve the request as did Vice Chair Hay. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9, 2010 Motion Ms. Ross moved to not recommend approval of this request. Mr. Weiland seconded the motion. The motion passed unanimously. B. Discussion and Direction on the Roberts Purchase. Attorney Cherof explained there was a contract to purchase property from the Roberts that is currently encumbered by an IRS tax lien. The lien has not been cleared for the scheduled closing that was extended until February 17, 2010. The request of the Roberts was not timely filed with the IRS to have the lien released. The recommendation was to go forward with the closing and hold the proceeds in escrow until the IRS lien was paid. Any remaining proceeds would then go to the Roberts. It was likely that the Roberts would agree to the proposed arrangement. Staff recommended there be an agreement to close in escrow on February 17, 2010. Motion Ms. Ross moved to approve to close in escrow per the City Attorney's description. Mr. Weiland seconded the motion. The motion passed unanimously. XI. New Business: A. Consideration of Funding The Florida Fishing Academy for children between the ages of 8-12 living within the CRA district. Ms. Bright recalled, upon receipt of the Juvenile Justice Grant, the City had created the Youth Violence Prevention Program. The Florida Fishing Academy had been consistently funded for the ages 8-12. Captain Borchu of the Academy had requested permission from the City to rent the bait shop. Ms. Bright understood the City had decided it was not a suitable location. Last year the CRA was approached for funding an additional program for the age group 8-12 who are at a higher risk for gang participation. It was not approved in the budget. A presentation of the program had been given to the Community Committee. Additionally, the City had to cut funding for after-care programs at the Carolyn Sims Center. Mr. Rodriguez had asked for reconsideration of the request. Staff was recommending approval. It meets with the adopted Downtown Master Plan and the Heart of Boynton Plan for youth activities. The cost is $11,856 and there is money in the Heart of Boynton Implementation Strategy budget that could cover the cost. Mr. Weiland questioned if the brochure included in the CRA packet was inappropriate as it appeared to be an advertisement for this business. Ms. Bright stressed that Captain Borchu does try to offset the cost of the program. The trips are every Saturday for the duration of the school year. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9,2010 Ms. Ross was impressed with Captain Borchu and his program. It was unfortunate it did not work out at Boat Club Park. The idea of "hooked on fishing, not drugs" is a worthy cause for everyone to champion. She supported the program. Vice Mayor Hay was willing to help the kids, but was concerned about the drain on the HOB budget that was dwindling. Ms. Bright reported there was approximately $500,000 in the HOB funds. The funds are being used as almost a fac;ade or residential improvement grant. Ms. Ross stressed the program did target children in the Heart of Boynton area. Mr. Weiland agreed with Vice Chair Hay's concern because the money was earmarked to obtain properties for redevelopment. Any future revenues for the fund were doubtful. The amount being only $11,000, Mr. Weiland supported the expense to help younger children and lead them in the proper direction. Vice Chair Hay supported the program, but cautioned the Board and staff about diminishing the HOB budget funds. Mr. Weiland agreed and reiterated his remarks regarding the Fire Department raising money for various sport programs. It was important to give kids an organized activity rather than standing on a comer with a milk jug trying to raise the funds. Motion Ms Ross moved to approve Item A., consideration of funding for the Florida Fishing Academy for children between the ages of 8-12. Mr. Weiland seconded the motion. The motion passed unanimously. B. Consideration of entering into an agreement with Deborah and Leonard Marucci to design public art for the Se8crest Streetscape Project in the amount of $6,500. Ms. Brooks indicated the art was part of the Seacrest redesign and was being paid for by $1.9 million of stimulus funding. The ARRA monies would cover the art but not the design of the art or the streetscape. There was a piece of art previously purchased for the comer of MLK and Seacrest by the same artist. The new design would for be four pieces to compliment the piece already purchased that would be placed on each corner of MLK and Sea crest to create an Iconic intersection. Staff recommended the CRA pay for the design and work with the community to create the design concept. A share of the $1.9 million will pay for the construction of the art and the Installation. Mr. Weiland clarified there would be four large pieces of art to be placed at each corner of Seacrest and MLK. Ms. Brooks speculated the pieces would be made of brushed aluminum with laser cut-outs to compliment the Butterfly Mandella piece already purchased. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9,2010 Vice Chair Hay did not want a repeat of the disagreement over the mural at the tennis courts. There were people in the community that thought portions of the mural were unacceptable. He had researched graffrti art and spoke with the artist to learn more about the type of art. He stressed the CRA and the artists should have as much input from the community as possible to avoid any problems. Ms. Bright added Ms. Coles- Dobay, Public Arts Administrator, would be holding the meetings and making flyers to be distributed noticing the meetings and their purpose. She was provided with the total contact list for the Community Committee who selected the Butterfly Mandella piece. Motion Mr. Weiland moved to approve consideration of entering into an agreement with Deborah and Leonard Marucci to design art for the corner Seacrest Streetscape Project, in the amount of $6,500. Ms. Ross seconded the motion. The motion passed unanimously. C. Consideration of entering into a Direct Incentive Funding Agreement with Wal-Mart Stores South, LLC Ms. Brooks remarked the agreement was the result of two years of work between eRA staff, property owners, police, the City and Wal-Mart Stores. There is a gap in the project because the property was purchaSed at the height of the market and approved for a mixed-use project. The market dictated otherwise. The land use and zoning had been changed back to commercial. The store is 95,000 square feet. The agreement is in essence, TIF funding, payable upon completion of the project and upon receipt of the property appraiser's documentation for the project. It is tied to the creation of jobs. The store will provide the equivalent of 150 full time jobs. It is a ten-year term with it being front loaded to help offset the project gap. Wal-Mart will receive 75% of the TIF generated in years one through six and 25% of the TIF funds in years six through ten. The remaining amounts will be retained with the CRA. The total estimated subsidy under the terms of the agreement, is $406,000 or $2,700 a job. The jobs would be a good match for the residents, the majority of which only have a high school diploma or GED. The store will also provide goods and services that are not easy to obtain on the east side of the City. The site plan and elevations have been upgraded above the standard Wal-Mart with articulated elevations. The site has been a source of problems for the City of Boynton Beach and the Town of Gulfstream with the night clubs and blight. The project would bring in revenue to support CRA programs over time, and the project is located on the most used Palm Tran route in the County. Staff recommended approval of the agreement. 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9,2010 Ms. Bright added the CRA had been working for three years to assist in the removal of the blight. The direct incentive funding was based on the lack of employment in America. The national average of unemployment is 9.7% and the State of Florida Is 11.8%. She affirmed the project meets not only the redevelopment plan for Federal Highway, it also meets the Economic Development Plan adopted by the Board and speaks to the heart of the housing needs assessment. The base starting salary of a Wal-Mart job is $8.75. The jobs are not minimum wage and range up to management level. The CRA tried to meet the needs of the development plan and the needs of Wal- Mart to close the gap. Vice Chair Hay noted with the current job market he would support anything that added jobs and he welcomed the project. He inquired if there was a traffic study completed of the Intersection. Ms. Brooks replied it had been completed. There would be no addition to the traffic volume. Mr. Weiland inte~ected the intersection at Woolbright and Federal Highway was rated a "D" intersection and the new development on the comer did not change the rating or add any lanes. The two intersections and traffic should be comparable. Mike Rumpf, Planning and Zoning Director, introduced Chris Hagan with Kimley-Horn Associates, a traffic engineer, who advised on a daily or peak-hour basis, the project would not generate more traffic than the previously existing shopping center and outparcel night club that previously occupied the lot. Based on the Comprehensive Plan, Federal Highway Corridor Plan and the current economic crisis, it was important that the project be considered, according to Ms. Ross. Vice Chair Hay opened the issue for public comment. Susan Motley, representing Wal-Mart along with Michele Blair of Government Relations with Wal-Mart and Bob Godding, Regional Marketing Manager were present. She indicated the project was exciting for both the City of Boynton Beach and Wal-Mart. Ms. Motley stressed that anyone in Wal-Mart can rise up to be an executive with Wal- Mart. The beginning wages with Wal-Mart were not minimum wage positions. It was also a leader in environmental building incorporating many green standards. Ms. Motley described the store as a full-service Wal-Mart with a full service grocery store component, as well as general merchandise. The Super Centers are over 200,000 square feet, but Wal-Mart has been able to present all the products in a smaller footprint to integrate Into more urban areas. She displayed a slide presentation locating the building, parking, loading docks and ingress and egress points. The location would include a huge amount of landscaping and a right turn lane into the main entrance on Gulfstream Boulevard. The access on Old Dixie Highway would be the truck delivery entrance and the exit would be south onto Federal Highway. The truck bays allow the 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9,2010 trucks to back into the building decreasing the noise of the loading and unloading. The architectural design would include more windows than other store fronts with upgraded designs on the exterior and more landscaping. The TIF monies would be paid out of taxes paid by the development itself. It should energize the area and Boynton Beach will be in the forefront of an urban, smaller, but full-service Walmart. Ms. Ross disclosed she had met with Ms. Motley and one of the representatives. Mr. Weiland disclosed they had asked to meet with him and he was unable to do so. Michele Blair, indicated Wal-Mart had been operating in the State of Florida for over 25 years with 300 properties with the base operation offices in South Florida. Rob Godding would be overseeing the store. Last year the corporation donated $14.2 million to local communities and each store has approximately $1 million for donations. The Boynton Beach facility donated approximately $32,000 to $35,000 to local community groups last year. Each store can give grants ranging from $500 to $1.000 each. The recipients vary from schools to other charities in the local areas. Mr. Weiland suggested being more creative in the approach to deal with shoplifting and enhance awareness that shoplifting will not be accepted and will be prosecuted. There is a high volume of calls for shoplifting at the Super Walmart. Ms. Blair assured Wal- Mart would be more than willing to collaborate in an effort to curb shoplifting because it impacted the business as well as the associates. She added the average hourly associate in the State of Florida receives $11.74 per hour. They can also receive bonuses based on the overall store's performance. Rob Godding, a 23-year employee of Wal-Mart, had started working putting bicycles together for $3.35 an hour and is now a district manager. He is an example of the incentive to new employees to make each store a success. Mr. Weiland had a neighbor who had retired from Wal-Mart after 25 years. Ms. Motley advised there would be an art feature to the project at the entrance. Ms. Bright added the art feature was a requirement in exchange for purchasing the strip club. Barbara Ready, 329 SW 13th Avenue, established the truck route could take large trucks through a historic area. Mr. Weiland indicated it was a small unincorporated pocket that was more of an eyesore. Ms. Ready advised one of the dwellings was listed on the Palm Beach County directory of historic homes. She was sure the residents would not be happy with semi-trucks traversing their neighborhood. Ms. Bright noted the trucks may arrive from the south on Gulfstream Boulevard or from the north on Dixie Highway. Ms. Motley concurred the trucks could come from either direction onto Dixie Highway so the trucks would not cross the parking lot. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9,2010 Mr. Weiland expressed his concern that two board members were not present and the possibility of a reconsideration request. Attorney Cherof advised a quorum was present that can take action on any item on the agenda. A Board Member can make a request for reconsideration in the future. The custom at the Board level and Commission level has been that a member who does not vote has the ability to make a motion for reconsideration. Brian Edwards, 620 NE 9th Avenue, felt strongly it was a positive project for the City. He was concerned the surrounding property owners and developments had not received adequate notice and were given the opportunity for input. He commended the CRA and staff for the perfect solution to an otherwise blighted area. Mr. Weiland echoed Mr. Edwards remarks that the south end of Boynton Beach had suffered for many years with an undesirable location and activities. It would be a huge benefit to Boynton Beach and Delray Beach for Federal Highway to rebound. Motion Ms. Ross moved to approve Item C under New Business to enter into a Direct Incentive Funding Agreement with Wal-Mart Store South. Mr. Weiland seconded the motion. The motion passed unanimously, 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 Ms. Brooks advised the matter was brought by City staff. Representative Klein had earmarked these funds to build a fire and police training center. There was confusion when the money came to the CRA and the money was not used for some time. Debbie Majors, Grants Coordinator, managed to get HUD to agree to re-program the monies for education purposes at the Children's Schoolhouse Museum for repairs at the facility. The CRA would be the fiscal agent for the federal funding. Presently the application is before the Board for approval. There is an administrative fee negotiated with the City as 5%. The monies would be used to replace windows and make necessary repairs. Mr. Weiland had researched with other municipalities and the average administrative fee was 20%. He felt the CRA was settling for less and the fee should be 10% to 12%. Vice Chair Hay agreed the fee should be higher. Ms. Brooks noted it is a good project in the town square area. There would be extra work, especially with federal funding which had more intensive requirements. There would be a high degree of responsibility on the Agency and possible repercussions if the paperwork is not completed accurately and timely. Debbie Majors, Grant Coordinator, advised the funding was a much shorter time period than with other federal funding. It would not be a long project with only a couple 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9, 2010 invoices. The City would bid the work, award the bid and pay the contractor. It would be responsible as a sub-grantee to abide by every compliance regulation. Ms. Majors pointed out the estimated cost of the windows may be higher than the grant award. For several years funding had been sought for the building and it was not available due to the lack of matching funds. There are 50 to 60 openings involved. Kurt Bressner, City Manager, opined that 10% was too high and even 5% could be high. He suggested the CRA staff document their actual time and the City cover the cost rather than a flat percentage rate. The City would be doing all the certifications and not the CRA staff. A direct cost reimbursement may be a better approach with an upset figure of the 10%. Susan Harris, CRA Financial Director, was not comfortable with the proposal. The responsibility for audit purposes would remain with the CRA. She would not accept anything less than 10% due to the compliance issues involved. Motion Mr. Weiland moved to approve 0 under New Business, application to HUD for funding in the amount for $294,000 to repair the Children's Schoolhouse Museum to approve a 10% administrative cost to file the proper paperwork. Ms. Ross seconded the motion. The motion passed unanimously. CLOSE OF COMMUNITY REDEVELOPMENT AGENCY MEETING Motion Ms. Ross moved to recess the Community Redevelopment Agency Board meeting. Ms. Weiland seconded the motion. The motion passed unanimously. The meeting recessed at 8:03 p.m. The meeting reconvened at 8:35 p.m. Vice Chair Hay reconvened the meeting at 8:35 p.m. E. Consideration of Entering into an ILA with the City regarding the brownfield eligible business financial contribution. Ms. Brooks explained basically the CRA was accepting the financial responsibility for the financial match for the State brownfleld incentive for Wal-Mart. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9,2010 Motion Ms. Ross moved to enter into an ILA with the City regarding the brownfield eligible business financial contribution. Mr. Weiland seconded the motion. The motion passed unanimously. F. CLOSED A TTORNEY/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,. 502009CA001119XXXXMB. 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. 502009CA001119XXXXMB (These matters were previously tabled) XII. Future Agenda Items XIII. Comments by Executive Director Ms. Bright announced that due to the election, the CRA Board meeting for March would be held on Monday, March 15,2010. Ms. Bright also announced there was an editorial in the Sun-Sentinel that reported on the Boynton Beach CRA working to create affordable housing. In the article, Ms. Bright affirmed the CRA's dedication to providing affordable housing in Boynton Beach. Currently the median housing price in Palm Beach County is $238,000 and the median household income is $46,209 with the price range for affordable housing of $145,674. There is still a need for affordable housing, the core business of the CRA. The Palm Beach Post also had a story on the same topic that affordable housing was still not available. There are no houses in the $150,000 to $200,000 range. Ms. Bright commended Ms. Brooks for contacting Auburn Development who agreed to partner with the CRA on a multi-family project on the east side of Seacrest. Ms. Brooks further explained the Florida Housing Financial Corporation issues tax credits and multi- family bonds to finance affordable housing. There Is a small application due February 23, 2010 allocating up to $5 million. The target is a four-acre parcel on the east side of Seacrest. She was also meeting with the Palm Beach County Housing Authority for an allocation to put the subsidy layers together. There would be 4% tax credits with the sale of a multi-family bond. The Agency is moving forward and looking for various ways to get the project done. Less money is becoming available each year and the cap was being removed from the SHIP funds. Funding opportunities are still being sought. If 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9,2010 possible, a purchase agreement would have to be brought before the Board as soon as possible. Ms. Bright noted it was Mr. Weiland who gave the olive branch to Mr. Hinners at Auburn Group and she appreciated his assistance. Collaboration is the key because affordable housing is a regional issue and not unique just to Boynton Beach. She stressed the CRA is aggressively seeking solutions for the Heart of Boynton. Mr. Weiland commented he had contacted Ms. Brooks about attracting a new developer for the west side of Sea crest. He suggested attempting to get Mr. Hinners and the Auburn Group back for a much easier project to complete. A process is starting and he hoped something positive would develop. Vice Mayor Hay was hopeful, but questioned why Auburn was selected. Ms. Brooks explained the draft funding application just appeared on Florida Housing Financing website and the due date is the February 23. There would be no time to do an RFP. Public notices would have to appear on the land and proposals would be accepted. It would be the same process when dealing with Habitat for Humanity or the CDC. When dealing with affordable housing, the legal notice process can be utilized. The purchase agreement would be for this particular funding source and sunset if not awarded. Auburn also has the expertise on funding sources for housing. It would be an elderly rental similar to Boynton Bay with one and two bedroom units. Vice Chair Hay surmised due to the time factor, Auburn becomes a sole source provider. Ms. Brooks explained a legal notice would be advertised for the disposal of the property and proposals could be accepted or rejected by the Board. XIV. Comments by Staff None XV. Comments by CRA Board Attorney None XVI. Comments by eRA Board Mr. Weiland admitted he had spoken to the CRA staff and David Perry from MSCW involved in the engineering of the marina project phase one. He examined phase two, which would be incredible when completed. It will create a destination area in Palm Beach County and could help to spur the sale of condos in the area. He had requested that a PowerPoint presentation be presented at the next City Commission meeting because the Build America bonds would need to be used. Basically 35% of the interest 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9,2010 paid on the bonds would return to the City, but the deal has to close by December 31, 2010. It would be very positive for the community and the downtown area. He also inquired about the number of general contractors that are utilized by the CRA and their specialties. Ms. Bright recalled in 2007, after an RFQ was issued, three firms were selected based on their expertise. Those selected were Hendrich Brothers specializing in mid to large size projects, Burkhart Construction who built Boynton Beach Boulevard extension, and Kaufman Lind who has expertise in large municipal facilities. Also, Kimley-Horn is the engineering professional services contractor. Mr. Weiland Inquired if it would be possible for the City to piggyback on Kaufman Lind's contract with the CRA for the police facility. Attorney Cherof advised piggybacking on a general assignment contract was not allowed. The piggyback had to be on something more specific, such as a company who has done a police department or publiC works facility. A recent contract with a government agency for like services would be needed. Ms. Ross thanked Ms. Bright for sending the Board Members the information on Practical Strategies for Florida CRAs to address the foreclosure crisis. She asked that the highlights of the publication be presented to the Board at the next meeting. Ms. Bright would get an update on the Neighborhood Stabilization Program and bring it before the Board. She also read the following sentence from the recent editorial. "We remain committed to a policy that homes, subsidized with taxpayer funding, should be long lasting and sustainable and have included improvements such as a 50-year standing seam metal roofs and impact resistant windows." Vice Chair Hay commented there were properties within the City owned by the CRA and the City that are not coming together as a plan. He inquired if the City had contacted the CRA to develop a strategy. Ms. Bright indicated there had been no contact. Vice Chair Hay directed staff to take the initiative with the City staff and develop a land swap strategy and come back to the CRA Board and then the City Commission. A plan would then be in place for both entities to move forward. Ms. Bright agreed to get something drafted to start the discussion. Mr. Weiland admitted it has been frustrating and continuity of the plans was needed for the City to move forward. It was the reason he wanted to promote phase two of the marina and the west side of Seacrest to be a positive movement toward working together rather than talking. Ms. Ross agreed completely. Vice Chair Hay declared there was consensus. Ms. Bright clarified that the Board was directing staff to implement phase one transfer of land. 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9,2010 XVII. Adjournment There being no further business to come before the Board, Vice Chair Hay properly adjourned the meeting at 8:58 p.m. Mr. Weiland and Ms. Ross commended Vice Chair Hay for being the acting Chair for the meeting. ,1 , . / , , .: "/ /~'7I.j// - t d '~:C-t::r" L { IL" J(Jdith A. Pyle, C . lo'beputy City Cler ! 16 VI. CONSENT AGENDA: B. Approval of Minutes - Special eRA Board Meeting February 19, 2010 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD SPECIAL MEETING HELD ON FRIDAY, FEBRUARY 19, 2010 AT 2:00 PM AT THE CRA OFFICES BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Marlene Ross Ron Weiland Vivian Brooks, Assistant Director David N. Tolces, Board Attorney I. Call to Order Chair Taylor called the meeting to order at 2:00 PM. II. Pledge to the Flag and Invocation Chairman Taylor dispensed of the Pledge to the Flag and Invocation III. Roll Call Board Member Marlene Ross announced her presence. Chairman Jerry Taylor announced his presence. Board Member Ron Weiland announced his presence. Chairman Taylor indicated that Board Member Woodrow Hay and Board Member Jose Rodriguez were not present. A quorum was present. IV. Consideration ofIssuing Public Notices of Disposition of Real Property by the CRA Motion Marlene Ross motioned to Issue the Public Notice of Disposition of Real Property for the Ocean Breeze East Site. Ron Weiland seconded the motion that passed 3-0 Attorney David Tolces recommended that there be a Motion for the submittal of the application to the Florida Housing Finance Corporation for the financing of multifamily housing properties with home funds in conjunction with multifamily mortgage revenue bonds 2009-06. Motion Marlene Ross so moved. Chair Taylor seconded the motion that passed 3-0. There being no further business to discuss, the meeting properly adjourned at 2:07 PM Theresa Utterback Administrative Services Manager VI. CONSENT AGENDA: C. Approval of Period Ended February 28, 2010 Financial Report ~~~~Y~T2~ C .. ... . East Side-West Side-Seaside Rena'lssance eRA BOARD MEETING OF: March 15,2010 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 February 28,2010. FISCAL IMPACT: None eRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve February financials. ~~ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\03-15-10\Financial Report.doc -05-2010 03:32 PM -GENERAL FUND NANCIAL SUMMARY WENUE SUMMARY T.I.F.INCOME MARINA RENT & GRANT INC INVESTMENT INCOME MISCELLANEOUS JTAL REVENUES XPENDITURE SUMMARY LEGISLATIVE ADMINISTRATIVE FINANCE INSURANCES PROFESSIONAL SERVICES PLANNING BUILDINGS & PROPERTY MARINA COMMUNICATIONS & TECHNOLO CONTINGENCY MARKETING SPECIAL EVENTS EMPLOYEE BEBEFITS DEBT SERVICE TRANSFER OUT ~OTAL EXPENDITURES mVENUES OVER/ (UNDER) EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 ORIGINAL BUDGET 6,818,294 926,700 o o 7,744,994 49,750 209,725 148,270 101,750 376,000 208,600 470,190 926,700 57,860 100,000 140,702 95,052 228,824 3,119,526 1,512,_045 :,744,994 AMENDED BUDGET 6,818,294 926,700 o o 7,744,994 49,750 209,725 148,270 101,750 376,000 208,600 470,190 926,700 57,860 100,000 140,702 95,052 228,824 3,119,526 1,512,045 -,744,994 o MONTHLY ACTIVITY 0.00 40,821. 58 0.00 0.00 40,821.58 1,938.20 15,374.23 10,841.34 0.00 3,778.62 14,879.75 4,759.42 37,338.83 1,016.95 0.00 7,097.49 6,949.18 4,195.53 0.00 0.00 108,169.54 YEAR-TO-DATE BALANCE 6,960,904.00 349,464.13 6,194.76 152.60 7,316,715.49 6,755.33 77,464.48 52,075.16 58,661. 99 25,183.47) 77,557.46 97,196.77 326,609.64 18,549.39 0.00 46,214.83 34,032.08 86,694.84 3,119,526.00 378,011.25 4,354,165.75 o 67,347.96) 2,962,549,74 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 420.00 0.00 78,765.00 0.00 23,100.00 0.00 1,769.24 0.00 5,710.00 1.129.93 0.00 0.00 0,00 110,894.17 UNENCUMBERED BALANCE 142,610.00) 577,235.87 6,194.76) 152.60) 428,278.51 42,994.67 132,260.52 95,774.84 43,088.01 322,418.47 131,042.54 349,893.23 600,090.36 37,541.37 100,000.00 88,777.17 59,889.99 142,129.16 0.00 1,134,033.75 3,279,934.08 110,894.171 ( 2,851,655.57) % OF BUDGET REMAINING 2.09- 62.29 0,00 0.00 5.53 86.42 63.06 64.59 42.35 85.75 62.82 74.42 64.76 64.88 100.00 63.10 63.01 1)2.11 0.00 75.00 42.35 0.00 -1- 3-05-2010 03. PM BOYNTON BEACH REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 1 - GENERAL FUND % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET EVENUES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING , . 1. F . INCOME 01-41000 T.I.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- lARINA RENT & GRANT INC 01-42115 MARINA RENTS 86,400 86,400.0 0.00 28,423.16 0.00 57,976.84 67.10 01-42116 MISCELLANEOUS RENTS FRO PROPE 0 O. ( 72.93) 5,266.07 0.00 5,266.07) 0.00 01-42117 MARINA FUEL SALES 840,000 840,000.0 40,894.51 315,612.09 0.00 524,387.91 62.43 01- 42118 MARINA MISC INCOME 300 300.0 0.00 162.81 0.00 137.19 45.73 TOTAL MARINA RENT & GRANT INC 926,700 926,700 40,821.58 349,464.13 0.00 577,235.87 62.29 lARKETING INCOME 'ESTIVALS & EVENT INCOME :NVESTMENT INCOME 01-46100 INTEREST INCOME 0 0.0 0.00 6,194.76 0.00 6,194.76) 0.00 TOTAL INVESTMENT INCOME 0 0 0.00 6,194.76 0.00 6,194.76) 0.00 :ONTRIBUTIONS & DONATION IISCELLANEOUS 01-48100 MISCELLANEOUS INCOME 0 0.0 0.00 152.60 0.00 152.60) 0.00 TOTAL MISCELLANEOUS 0 0 0.00 152.60 0.00 152.60) 0.00 )THER FINANCING SOURCES ~OTAL REVENUES 7,744,994 7,744,994 40,821.58 7,316,715.49 0.00 428,278.51 5.53 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- -2- .05-2010 03:32 PM BOYNTON BEACH CRA REVENUE & EXPENDITIlRES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 -GENERAL FUND :;ISLATIVE PARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING RCHASED/CONTRACT SERV 1-51010-200 CONTRACTUAL EXPENSE 22,500 22,500 0.00 130.00 0.00 22,370.00 99.42 1-51010-203 MISCELLANEOUS 7,000 7,000 1,641.35 4,391.35 0.00 2,608.65 37.27 '1-51010-216 ADVERTISING & PUBLIC NOTI 2,700 2,700 206.84 613 .23 0.00 2,086.77 77.29 11-51010-225 ASSOC. MEETINGS & SEMINAR 13,050 13,050 35.01 1,252.75 0.00 11,797.25 90.40 11-51010-227 DELIVERY SERVICES 3,500 3,500 55.00 368.00 0.00 3,132.00 89.49 TOTAL PURCHASED I CONTRACT SERV 48,750 48,750 1,938.20 6,755.33 0.00 41,994.67 86.14 JPPLIES 11-51010-310 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 1,938.20 6,755.33 0.00 42,994.67 86.42 -3- 3-05-2010 03 PM BOYNTON BEACH REVENUE & EXPENDITURES REPOln' (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 )1 -GENERAL FUND \DMINISTRATIVE % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET JEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 'ERSONNEL SERVICES 01-51230-100 PERSONNEL SERVICES 178,125 178,125 13.701. 92 68,509.60 0.00 109,615.40 61.54 01-51230-115 CAR ALLOWANCE 5,400 5,400 416.00 2,080.00 0.00 3,320.00 61. 48 TOTAL PERSONNEL SERVICES 183,525 183,525 14,117.92 70,589.60 0.00 112,935.40 61.54 ?URCHASED/ CONTRACT SERV 01-51230-225 ASSOC. MEETINGS & SEMINAR 4,000 4,000 774.56 3,155.51 0.00 844.49 21.11 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 3,000 105.93 325.85 0.00 2,674.15 89.14 01-51230-229 CAREER DEVELOPMENT 1,500 1,500 220.69 220.69 0.00 1,279.31 85.29 TOTAL PURCHASED/CONTRACT SERV 14,700 14,700 1,101.18 4,919.05 0.00 9,780.95 66.54 ,UPPLIES 01-51230-310 OFFICE SUPPLIES 6,500 6,500 61. 90 699.50 0.00 5,800.50 89.24 01-51230-315 POSTAGE 2,000 2,000 93.23 915.69 0.00 1,084.31 54.22 01-51230-340 CELLULAR PHONES 1,200 1,200 0.00 409.36 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 10,500 155.13 2,024.55 0.00 8,475.45 80.72 :APITAL 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 )EPRECIATION & AMORT TOTAL ADMINISTRATIVE 209,725 209,725 15,374.23 77,464.48 0.00 132,260.52 63.06 -4- .05-2010 03:32 PM -GENERAL FUND NANCE PARTMENTAL EXPENDITURES ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED %- OF UNENCUMBERED BUDGET BALANCE REMAINING :RSONNEL SERVICES 11-51325-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES ffiCHASED/CONTRACT SERV )1-51325-200 CONTRACTUAL EXPENSE 11-51325-201 BANK FEES )1-51325-225 ASSOC. MEETINGS & SEMINAR )1-51325-226 MEMBERSHIP DUES )1-51325-227 DELIVERY COSTS )1-51325-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV UPPLIES 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 APITAL EXPENDITURES IEPRECIATION & AMORT TOTAL FINANCE -5- 3-05-2010 03 2M BOYNTON BEACH REVENUE & EXPENDITURES REPO~L (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 '1 -GENERAL FUND NSURANCES IEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING >URCHASED/ CONTRACT SERV 01-51410-200 CONTRACTUAL EXPENSE 28,650 28,650 0.00 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 0.00 58,661.99 0.00 43,088.01 42.35 TOTAL INSURANCES 101,750 101,750 0.00 58,661.99 0.00 43,088.01 42.35 -6- -05-2010 03:32 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 - GENERAL FUND ~OFESSIONAL SERVICES % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET ~PARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING JRCHASED/CONTRACT SERV )1-51420-200 CONTRACTUAL EXPENSE 261,000 261,000 3,451.02 30,199.47) 78,765.00 212,434.47 81. 39 )1-51420-201 CONTRACT LEGAL 100,000 100,000 0.00 4,197.00 0.00 95,803.00 95.80 )1-51420-204 CITY STAFF COSTS 15,000 15,000 327.60 819.00 0.00 14,181.00 94.54 TOTAL PURCHASED/CONTRACT SERV 376,000 376,000 3,778.62 25,183.47) 78,765.00 322,418.47 85.75 TOTAL PROFESSIONAL SERVICES 376,000 376.000 3,778.62 25,183.47) 78,765.00 322,418.47 85.75 -7- 3-05-2010 0: PM BOYNTON BEACH REVENUE & EXPENDITURES REP0~. (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 '1 -GENERAL FUND 'LANNING % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET IEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 'ERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICES 184,205 184,205 14,169.62 70,848.10 0.00 113,356.90 61.54 01-51440-115 CAR ALLOWANCE 5,400 5,400 416.00 2,080.00 0.00 3,320.00 61. 48 TOTAL PERSONNEL SERVICES 189,605 189,605 14,585.62 72,928.10 0.00 116,676.90 61.54 'URCHASED/CONTRACT SERV 01-51440-225 ASSOC. MEETINGS & SEMINAR 11,000 11,000 235.41 1,989.67 0.00 9,010.33 81. 91 01-51440-226 MEMBERSHIP DUES 475 475 0.00 581. 00 0.00 106.00) 22.32- 01-51440-227 DELIVERY SERVICES 600 600 0.00 120.42 0.00 479.58 79.93 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 14,075 235.41 2,691.09 0.00 11,383.91 80.88 lUPPLIES 01-51440-310 OFFICE SUPPLIES 2,000 2,000 58.72 280.10 0.00 1,719.90 86.00 01-51440-340 CELLULAR PHONES 1,620 1,620 0.00 452.62 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 0.00 1,083.60 0.00 83.60) 8.36- TOTAL SUPPLIES 4,920 4,920 58.72 1,938.27 0.00 2,981.73 60.60 ~APITAL EXPENDITURES )EPRECIATION & AMORT TOTAL PLANNING 208,600 208,600 14,879.75 77,557.46 0.00 131,042.54 62.82 -8- :-05-2010 03:32 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 L - GENERAL FUND JILDINGS & PROPERTY 8PARTMENTAL 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 45.00 769.91 0.00 2,280.09 74.76 01-51620-201 PROPERTY TAXES 160,000 160,000 0.00 33,992.39 0.00 126,007.61 78.75 01-51620-205 RENTAL OF OFFICES 42,600 42,600 0.00 16,500.00 23,100.00 3,000.00 7.04 01-51620-206 MAINTENENCE & CLEANING 7,560 7,560 397.00 3,587.00 0.00 3,973.00 52.55 01-51620-208 EQUIPMENT LEASES 30,000 30,000 1,123.80 9,571.82 0.00 20,428.18 68.09 01-51620-209 PROPERTY MAINTENENCE COST 201.980 201,980 2,122.52 26,399.15 0.00 175,580.85 86.93 01-51620-224 SIGNAGE 10,000 10,000 550.00 3,607.59 0.00 6,392 .41 63.92 TOTAL PURCHASED/CONTRACT SERV 455,190 455,190 4,238.32 94,427.86 23,100.00 337,662.14 74.18 ;UPPLIES 01-51620-325 ELECTRICITY COSTS 9,000 9,000 205.91 1,630.00 0.00 7,370.00 81. 89 01-51620-326 WATER CHARGES --~ 6,000 315.19 1,138.91 0.00 4,861.09 81.02 TOTAL SUPPLIES 15,000 15,000 521.10 2,768.91 0.00 12,231.09 81.54 :APITAL EXPENDITURES -~ "-- --- -----~.- ----- ------ .- -_.~---_.._- )EPRECIATION & AMORT --~-_.- "--~-- --"---- .._------_._--~-_._._---~- ._._~----- TOTAL BUILDINGS & PROPERTY 470,190 470,190 4,759.42 97,196 .77 23,100.00 349,893.23 74.42 -9- 3-05-2010 03 PM BOYNTON BEACH REVENUE & EXPENDITURES REPOkl' (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 11 -GENERAL FUND IARINA % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET lEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 'URCHASED/ 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 1,015.60 4,128.10 0.00 23,971,90 85.31 01-51630-241 MARINA FUEL MANAGEMENT 148,000 148,000 12,333.00 61,665.00 0.00 86,335.00 58.33 01-51630-242 MARINE FUEL STATION OVERH 37,200 37,200 3,149.88 15,583.82 0.00 21,616.18 58.11 TOTAL PURCHASED/CONTRACT SERV 213,800 213,800 16,498.48 81,826.92 0.00 131,973.08 61.73 JUPPLIES 01-51630-325 ELECTRIC COSTS 17,100 17,100 611.91 5,503.29 0.00 11,596.71 67.82 01-51630-326 WATER COSTS 2,400 2,400 310.00 1,665.54 0.00 734.46 30.60 01-51630-327 GASOLINE & DEISEL FUEL PU 680,400 680,400 18,544.46 233,458.23 0.00 446,941.77 65.69 01-51630-328 MARINA DIESEL SALES TAX 12,000 12,000 1,373.98 3,961.03 0.00 8,038.97 66.99 TOTAL SUPPLIES 711,900 711,900 20,840.35 244,588.09 0.00 467,311.91 65.64 :APITAL EXPENDITURES 01-51630-400 EQUIPMENT COSTS 1,000 1,000 0.00 194.63 0.00 805.37 80.54 TOTAL CAPITAL EXPENDITURES 1,000 1,000 0.00 194.63 0.00 805.37 80.54 TOTAL MARINA 926,700 926,700 37,338.83 326,609.64 0.00 600,090.36 64.76 -10- -05-2010 03:32 PM - GENERAL FUND lMMUNICATIONS & TECHNOLO ,PARTMENTAL EXPENDITURES JRCHASED / CONTRACT SERV 01-51650-200 CONTRACTUAL EXPENSE 01-51650-210 CITY IT SUPPORT 01-51650-211 COMPUTER SOFTWARE & LICEN 01-51650-212 FINANCIAL SOFTWARE MAINTE TOTAL PURCHASED/CONTRACT SERV UPPLIES 01-51650-330 TELEPHONE LINES TOTAL SUPPLIES :APITAL EXPENDITURES 01-51650-400 EQUIPMENT COSTS TOTAL CAPITAL EXPENDITURES TOTAL COMMUNICATIONS & TECHNOLO BOYNTON BEACH eRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF UNENCUMBERED BUDGET BALANCE REMAINING TOTAL ENCUMBERED 3,760 3,760 105.00 525.00 0.00 3,235.00 86.04 21,000 21,000 0.00 6,556.36 0.00 14,443.64 68.78 3,000 3,000 0.00 29.00 0.00 2,971.00 99.03 6,500 6,500 0.00 0.00 0.00 6,500.00 100.00 34,260 34,260 105.00 7,110.36 0.00 27,149.64 79.25 15,600 15,600 911.95 5,711.63 0.00 9,888.37 63.39 15,600 15,600 911.95 5, 711 . 63 0.00 9,888.37 63.39 8,000 8,000 0.00 5,727.40 1,769.24 503.36 6.29 ~~~- 8,000 8,000 0.00 5,727.40 1,769.24 503.36 6.29 .---~-~_._- -- .~-----~- ..~-_.._.- ---- --~- 57,860 57,860 1.016.95 18,549.39 1,769.24 37,541.37 64.88 -11- 3-05-2010 0 PM n - GENERAL FUND :ONTINGENCY lEPARTMENTAL EXPENDITURES ORIGINAL BUDGET BOYNTON BEACH REVENUE & EXPENDITURES REh _ (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING 'URCHASED/ CONTRACT SERV 01-51990-200 CONTRACTUAL EXPENSE TOTAL PURCHASED/CONTRACT SERV 100,000 100,000 100,000 100,000 0.00 0.00 0.00 0.00 0.00 0.00 100,000.00 100,000.00 100.00 100.00 TOTAL CONTINGENCY 100.00 100,000 100,000 0.00 0.00 0.00 100,000.00 -12- ,-05-2010 03:32 PM 1 -GENERAL FUND ARKETING EPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 ORIGINAL BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING 'ERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES 'URCHASED/CONTRACT SERV 01-57400-216 ADVERTISING & PUBLIC NOT I 01-57400-218 ANNUAL REPORT & BROCHURES 01-57400-225 ASSOC. MEETINGS & SEMINAR 01-57400-226 MEMBERSHIP DUES 01-57400-227 DELIVERY SERVICES 01-57400-229 CAREER DEVELOPMENT 01-57400-236 PHOTOGRAPHY / VIDEOS TOTAL PURCHASED/CONTRACT SERV ;UPPLIES 01-57400-310 OFFICE SUPPLIES 01-57400-340 CELLULAR PHONES 01-57400-355 SUBSCRIPTIONS 01-57400-360 BOOKS & PUBLICATIONS 01-57400-365 OFFICE PRINTING COSTS TOTAL SUPPLIES )EPRECIATION & AMORT TOTAL MARKETING AMENDED BUDGET 87,392 87,392 6,722.46 87,392 87,392 6,722.46 3,000 3,000 0.00 10,000 10,000 0.00 1,500 1,500 256.31 900 900 0.00 3,000 3,000 0.00 3,000 3,000 0.00 20,000 20,000 0.00 41,400 41,400 256.31 5,000 5,000 58.72 1,260 1,260 60.00 550 550 0.00 100 100 0.00 5,000 5,000 0.00 11,910 11,910 118.72 140,702 7,097.49 140,702 33,612.30 33,612.30 1,995.00 0.00 1,708.63 0.00 0.00 1,069.33 6,625.00 11,397.96 228.21 640.51 98.95 0.00 236.90 1,204.57 46,214 83 0.00 -~._~-- 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,650.00 5,650.00 0.00 60.00 0.00 0.00 0.00 60.00 5,710.00 53,779.70 53,779.70 1,005.00 10,000.00 208.63) 900.00 3,000.00 1,930.67 7,725.00 24,352.04 4,771.79 559.49 451.05 100.00 4,763.10 10,645.43 88,777.17 61. 54 61.54 33.50 100.00 13.91- 100.00 100.00 64.36 38.63 58.82 95.44 44.40 82.01 100.00 95.26 89.38 63.10 -13- 3-05-2010 0, PM BOYNTON BEACH REVENUE & EXPENDITURES REPlJ.," (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 '1 - GENERAL FUND ;PECIAL EVENTS % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET lEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 'ERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES 84,022 84,022 6,463.22 32,316.10 0.00 51,705.90 61. 54 TOTAL PERSONNEL SERVICES 84,022 84,022 6,463.22 32,316.10 0.00 51,705.90 61. 54 'URCHASED/CONTRACT SERV 01-57500-225 ASSOC. MEETINGS & SEMINAR 1,500 1,500 317.25 913 . 07 0.00 586.93 39.13 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 3,900 317.25 913 . 07 0.00 2,986.93 76.59 3UPPLIES 01-57500-310 OFFICE SUPPLIES 2,500 2,500 58.72 252.96 0.00 2,247.04 89.88 01-57500-340 CELLULAR PHONES 1,680 1,680 109.99 549.95 1,129.93 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 4,630 168.71 802.91 1,129.93 2,697.16 58.25 ::APITAL 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 JEPRECIATION & AMORT TOTAL SPECIAL EVENTS 95,052 95,052 6,949.18 34,032.08 1,129.93 59,889.99 63.01 -14- -05-2010 03:32 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 -GENERAL FUND IPLOYEE BEBEFITS ,PARTMENTAL 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 3,183.60 14,031.52 0.00 27,806.48 66.46 01-59000-152 MEDICARE 9,785 9,785 744.54 4,169.92 0.00 5,615.08 57.38 01-59000-153 RETIREMENT PLAN 401 (a) 71,049 71, 049 0.00 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 0.00 23,812.65 0.00 38,395.35 61. 72 01-59000-156 DENTAL INSURANCE 4,147 4,147 267.39 1,598.58 0.00 2,548.42 61.45 01-59000-157 LIFE INSURANCE 1,057 1,057 0.00 400.50 0.00 656.50 62.11 01-59000-158 SHORT I LONG TERM DISABIL 3,092 3,092 0.00 1,314.10 0.00 1,777.90 57.50 01-59000-159 UNEMPLOYMENT CHARGES 5,000 5,000 0.00 3,266.09 0.00 1,733.91 34.68 01-59000-160 VISION INSURANCE 648 648 0.00 173.48 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 4,195.53 86,694.84 0.00 142,129.16 62.11 --------- --_..__._~.~---- ~---- ---.....- _.-~---- -,-~- TOTAL EMPLOYEE BEBEFITS 228,824 228,824 4,195.53 86,694.84 0.00 142,129.16 62.11 -15- 3-05-2010 0::' PM BOYNTON BEACH REVENUE & EXPENDITURES REPOu (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 11 -GENERAL FUND JEBT SERVICE JEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING lEBT SERVICE lTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE 3,119,526 3,119,526 0.00 3,119,526.00 0.00 0.00 0.00 TOTAL OTHER FINANCING USES 3,119,526 3,119,526 0.00 3,119,526.00 0.00 0.00 0.00 TOTAL DEBT SERVICE 3,119,526 3,119,526 0.00 3,119,526.00 0.00 0.00 0.00 -16- 1-05-2010 03:32 PM 1 -GENERAL FUND ~SFER OUT EPARTMENTAL EXPENDITURES ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING THER FINANCING USES 01-59999-990 INTERFUND TRANSFERS OUT TOTAL OTHER FINANCING USES 1,512,045 1,512,045 1,512,045 1,512,045 TOTAL TRANSFER OUT 0.00 ---~~ 0.00 0.00 378,01l.25 75.00 'OTAL EXPENDITURES ~VENUES OVER/(UNDER) EXPENDITURES 1,512,045 1,512,045 7,744,994 108,169.54 7,744,994 o 378,011.25 378,011.25 4,354,165.75 o 67,347.96) 2,962,549.74 0.00 0.00 1,134,033.75 1,134,033.75 75.00 75.00 110,894.17 0.00 1,134,033.75 3,279,934.08 1l0,894.17) ( 2,851,655.57) 42.35 0.00 ..1 7-- 3-05-2010 03 PM BOYNTON BEACH REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 12 - PROJECTS FUND 'INANCIAL SUMMARY ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING :.EVENUE SUMMARY INVESTMENT INCOME 0 0 0.00 4,695.38 0.00 4,695.38) 0.00 OTHER FINANCING SOURCES 3,919,107 3,919,107 0.00 378,011.25 0.00 3,541,095.75 90.35 :OTAL REVENUES 3,919,107 3,919,107 0.00 382,706.63 0.00 3,536,400.37 90.23 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- ~XPENDITURE SUMMARY OPERATING EXPENSES 200,000 200,000 17,892.50 33,540.12 34,000.00 132,459.88 66.23 CAPITAL OUTLAY 1,246,309 1,246,309 24,346.05 234,782.04 152,355.64 859,171.32 68.94 AFFORDABLE HOUSING 1,139,433 1,139,433 0.00 20,060.00 12,290.00 1,107,083.00 97.16 ECONOMIC DEVELOPMENT 643,040 643,040 56,515.40 180,835.40 21,253.60 440,951.00 68.57 PROJECTS AND PROGRAMS 690,325 690,325 82,783.21 165,109.59 4,420.00 520,795.41 75.44 rDTAL EXPENDITURES 3,919,107 3,919,107 181,537.16 634,327.15 224,319.24 3,060,460.61 78.09 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- ~NUES OVER/ (UNDER) EXPENDITURES 0 0 181,537.16) ( 251,620.52) ( 224,319.24) 475,939.76 0.00 -18- 3-05-2010 03:32 PM 2 -PROJECTS FUND EVENUES ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING NVESTMENT INCOME 02-46100 INTEREST INCOME TOTAL INVESTMENT INCOME IISCELLANEOUS lTHER FINANCING SOURCES 02-49100 OTHER FINANCING SOURCES 02-49900 TRANSFERS IN TOTAL OTHER FINANCING SOURCES roTAL REVENUES o o 0.0 o 4,695.38 4.695.38 0.00 0.00 4,695.38) 4,695.38) 0.00 0.00 0.00 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 0.00 378,011.25 0.00 1,134,033.75 75.00 3,919,107 3,919,107 0.00 378,011.25 0.00 3,541,095.75 90.35 ----- ~-'----~ 3,919,107 3,919,107 0.00 382,706.63 0.00 3,536,400.37 90.23 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- j 9- 3-05-2010 OC PM 12 - PROJECTS FUND lPERATING EXPENSES IEPARTMENTAL EXPENDITURES ORIGINAL BUDGET BOYNTON BEACH REVENUE & EXPENDITURES REPOlU' (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING 'URCHASED/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 17,892.50 0.00 17,892.50 32,531.28 1,008.84 33,540.12 34,000.00 0.00 34,000.00 83,468.72 48,991.16 132,459.88 55.65 97.98 66.23 TOTAL OPERATING EXPENSES 66.23 200,000 200,000 17,892.50 33,540.12 34,000.00 132,459.88 -20- 3-05-2010 03:32 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 2 -PROJECTS FUND o,PITAL OUTLAY EPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING APITAL 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 6,665.59 28,490.41} 18,437.50 238,732.91 104.40 02-58200-405 SITE WORK AND DEMOLITION 50,000 50,000 2,375.00 2,375.00 0.00 47,625.00 95.25 02-58200-406 INFRASTRUCTURE AND STREET 867,629 867,629 15,305.46 260,897.45 133,918.14 472,813.41 54.49 TOTAL CAPITAL EXPENDITURES 1,246,309 1,246,309 24,346.05 234,782.04 152,355.64 859,171.32 68.94 TOTAL CAPITAL OUTLAY 1,246,309 1,246,309 24,346.05 234,782.04 152,355.64 859,171.32 68.94 -21~ 3-05-2010 03 'M BOYNTON BEACH REVENUE & EXPENDITURES REP<"_ (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 )2 -PROJECTS FUND \FFORDABLE HOUSING JEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTIILY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING ~PITAL EXPENDITURES 02-58300-420 RESIDENTIAL IMPROVEMENT P 199,805 199,805 0.00 20,060.00 12,290.00 167,455.00 83.81 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 0.00 20,060.00 12,290.00 1,107,083.00 97.16 TOTAL AFFORDABLE HOUSING 1,139,433 1,139,433 0.00 20,060.00 12,290.00 1,107,083.00 97.16 -22- l-05-2010 03:32 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 2 -PROJECTS FUND :ONOMIC DEVELOPMENT EPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING APITAL EXPENDITURES 02-58400-440 FACADE GRANTS-COMMERCIAL 105,000 105,000 23,746.40 23,746.40 21,253.60 60,000.00 57.14 02-58400-442 TRANSPORTATION PROGRAM 438,040 438,040 32,769.00 157,089.00 0.00 280,951. 00 64.14 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 56,515.40 180,835.40 21,253.60 440,951.00 68.57 TOTAL ECONOMIC DEVELOPMENT 643,040 643,040 56,515.40 180,835.40 21,253.60 440,951.00 68.57 23 3-05-2010 03: 2M BOYNTON BEACH REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 12 - PROJECTS FUND 'ROJECTS AND PROGRAMS IEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING :APITAL EXPENDITURES 02-58500-460 COMMUNITY POLICING INNOVA 396,325 396,325 62,876.21 50,719.83 0.00 345,605.17 87.20 02-58500-470 COMMUNITY SUPPORT PROJECT 0 0 1,125.00 1,125.00 4,420.00 5,545.00) 0.00 02-58500-480 COMMUNITY SPECIAL EVENTS 294,000 294,000 18,782.00 113,264.76 0.00 180,735.24 61.47 TOTAL CAPITAL EXPENDITURES 690,325 690,325 82,783.21 165,109.59 4,420.00 520,795.41 75.44 TOTAL PROJECTS AND PROGRAMS 690,325 690,325 82,783.21 165,109.59 4,420.00 520,795.41 75.44 -24- -05-2010 03:32 PM : - PROJECTS FUND tANS FER OUT - ASSET TRA ,PARTMENTAL EXPENDITURES rHER FINANCING USES JTAL EXPENDITURES ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: FEBRUARY 28TH, 2010 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING ~VENUES OVER/(UNDER) EXPENDITURES 3,919,107 3,919,107 181,537.16 o o ( 181,537.16) ( 7B.09 634,327.15 251,620.52) ( 224,319.24 224,319.24) 3,060,460.61 475,939.76 0.00 25.. VI. CONSENT AGENDA: D. Monthly Procurement Purchase Orders NONE VI. CONSENT AGENDA: E. Approval of Commercial Rent Subsidy Program Grant to Beachcomber Art in the Amount of $7,200 eRA BOARD MEETING OF: March 15,2010 I X I Consent Agenda I I Old Business I I New Business Legal Other SUBJECT: Recommend Approval of Commercial Rent Subsidy Grant in the amount of $7,200 to Edward J. and Deborah S. Brooks/Beachcomber Sales, Inc. SUMMARY: Mr. and Mrs. Brooks are expanding their business, Beachcomber Art, from their current site at 122 S. Federal Highway to 212 S. Federal Highway. They will increase their square footage from 713 sq. ft. to 1,440 sq. ft. or 50%. The Brookses have been in business in the downtown area for three and half years. Beachcomber Sales, Inc. meets and exceeds all standards for financial risk assessment and therefore has a more than average chance of succeeding (see attached analysis). The business sells tropical themed artwork and gift items created by the owners. FISCAL IMPACT: $7,200 to come from line item 02-58400 CRA PLAN, PROGRAM OR PROJECT: CRA Economic Development Plan/Downtown Vision and Master PlanlFederal Highway Plan RECOMMENDATIONS/OPTIONS: Approve a Commercial Rent Subsidy Grant in the amount of $7,200 to Beachcomber Sales. ( ~fh~ Vivian L. Brooks Assistant Director T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\03-15-10\Rent Subsidy - Beachcomer Art.doc Risk Analysis for Beachcomber Sales Inc. Weighted Factor Grade Weight Grade Business Plan Completeness of Application 95 25% 23.75 Owner Resume 80 21% 16.8 Management Plan 60 19% 11.4 Understanding of Market 70 16% 11.2 SaleslMarketing Plan 90 12% 10.8 Understanding of Financials 30 7% 2.1 Financials Pro-Forma 30 25% 7.5 Quick Ratio 0 20% 0 Current Ratio 60 10% 6 Profit Margin 100 15% 15 Working Capital 40 10% 4 Breakeven 90 10% 9 Inventorv Turnover 100 20% 20 Accounts Payable Turnover 100 15% 15 Return on Assets 85 5% 4.25 Net Income 100 25% 25 Operating Income 100 25% 25 Acid Test 5 20% 1 I 70.96% I Total Score Scale: 90% - 100% = Exceptionally Well 80% - 89.99% = Better than expected 70% - 79.99% = Strong Stability 60% - 69.99% = Stability 50% - 59.99% = PaSSing 40% - 49.99% = Some Uncertainty 30% - 39.99% = Uncertainty 20% - 29.99% = Problematic 10% -19.99% = Weakness 0% - 9.99% = Fault Business Plan Score (50% of Total Score) 76.05 out of 100 possible 76.05% Financials Score (50% of Total Score) 131.75 out of 200 possible 65.88% Pro-Forma Income Statement Beachcomber Sales Inc For 2009 through 2012 (all numbers in $000) REVENUE 2009 2010 2011 2012 Gross sales $200 $212 $225 $238 Less sales returns and allowances 0 0 0 0 Net Sales $200 $212 $225 $238 COST OF SALES Beginning inventory $5 $10 $12 $10 Plus goods purchased I manufactured 24 44 34 34 Total Goods Available $29 $54 $46 $44 Less ending inventory 10 12 10 8 Total Cost of Goods Sold $19 $42 $36 $36 Gross Profit (Loss) $181 $170 $189 $202 OPERATING EXPENSES Selling Salaries and wages $0 $0 $0 $0 Commissions 0 0 0 0 Advertising 0 1 2 2 Depreciation 0 0 0 0 other 13 15 17 20 Total Selling Expenses $13 $16 $19 $22 General/Administrative Salaries and wages $0 $0 $0 $0 Mise Expenses 38 42 46 51 Payroll taxes 2 3 3 4 Insurance 3 6 7 7 Rent 0 1 2 2 utilities 2 3 3 4 Depreciation & amortization 9 6 5 5 Office supplies 0 1 1 1 Travel & entertainment 8 10 11 11 Postage 1 1 1 1 Equipment maintenance & rental 0 0 0 0 Interest 0 1 1 0 Furniture & equipment 0 4 0 0 Total General/Administrative Expenses $63 $78 $79 $85 Total Operating Expenses $77 $94 $98 $107 Net Income Before Taxes $104 $76 $90 $95 Taxes on income 9 8 9 10 Net Income After Taxes $95 $69 $81 $86 Extraordinary gain or loss $0 $0 $0 $0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $95 $69 $81 $86 VI. CONSENT AGENDA: F. Approval of Community Meeting Grant to Juanita Meeks Chapter 394 of The International Masons and Order of Eastern Stars Building and Charitable Association of St. Petersburg, Inc. ~!I~<tY~Te~ eRA Ii East SideN West SldeNSeaside Renaissance eRA BOARD MEETING OF: March 15,2010 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 the Juanita Meeks Chapter #394 of the International Masons and Order of the Eastern Stars (Juanita Meeks Chapter #394) 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. The Juanita Meeks Chapter #394 has submitted an application for funding for their monthly meetings, held the third Saturday of each month. The Juanita Meeks Chapter #394 is requesting funding for the following meetings: March, April, May, June, July, August, September, October November and December of2010. They would like to hold these meetings at the Carolyn Sims Center. The cost per meeting is $100.00 ($40 per hour x 2.5 hours). The total cost for these ten (10) meetings is $1,000.00 plus a $300.00 refundable "damage deposit". FISCAL IMPACT: $1,300.00 from Project Fund 02-58500-470 CRA PLAN, PROGRAM OR PROJECT: Community Meeting Grant Program RECOMMENDAT ONS: Approve the application for the Juanita Meeks Chapter #394's Co . ty Meeting eresa Utterback Administrative Services Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\03-15-IO\Juanita Meeks Chapter #394 Community Meeting Grant.doc Meeting Minutes CommunIty RedevelopnMtnt Agency Boynton Beach. F19r1de NO\'UllNtr 10, ~9 Mr. Rodriguez felt this was the best time to redevelop. He recommended moving forward with an RFP and evaluating It. Vice Chair Hay could consider moving ahead with the RFP but requested hearing from the other speakers. Victor Nodus adviMd lMIlY Individuals want to sell, but do not want to sell for the price the Community Redevelopment Agency wants to pay. R.esldents find out the going rate and hold out. He agrMd staff should land bank, but did not want to rush things since the Master Plan was not agf'Md to. He thought the land COUfd support a business Incubator and ad~ed the resident. wan~ to lee something. The community was lMtIus beceUM nothing MI$ being constructed. He reiterated there are start-up businesses that could benefit from 8 aueeMsful 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 walt 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 Ineluded In the langutge of the RFP. Ms. Ross seconded the motion that unanimously passed. (Mr. Rodriguez not present for the vote.) b. Consideration of ReInttaIntI 00mmunIy _-_&8 PregMm M.. 8foDka ...... .. ite,m .... ,-,::.,,_"n .. ..... ~ ~. ~..~.. ~.... n...m.UT...nl.I......,.fOr"'._ ..-. wNcta.........e .1111I'" .... rt..... . ."........ .... JwI.1aIt year, ~to-=';:<<T~n:&~V-~-=:nc::~';r, event to tdaprooram. Mr. Rodriguez flJturn#K:I at 7:42 p.m. MI. ~ feltllllllf" ....... .. rein.1mt... ......... would be ,....u. The organization sJtna...., Ire....tor __. fneUMJcI....... Mallen VIce 0MIr HIr ....... to approve the ...w.... of ltIeHOA M.dftg~. Ms. ROIlS ~"IN'IIen. swr ~.....:, ~_ .. CMt _......... ............. 21 .....0(1 00Mn A........ .......,1IlU.................... _Wlrtto .,,'t Nttr .......11I\ << .. ..net' .... ...... __._ ...... ...... an __... WtIIIId.N __.. "'..'&:,-=..........'..111.. '0t...... event en .. ... ... Gf IOWn ffurtng ... . 'UA~. ". ..... to 0IWer tte 7 MeetIng Minutes Community Redevelopment Agency ~nton BMchJ Florfda November 10, 2009 COft1ftlUftIW-...,.. ..........., 11'0\4''' not... .1.-....n,. When I\e PNIftIITI was ....did two YMJS .,Ilbout."._.......... for Ite~. III8en :.r:==:uC t.===~~t4tan tIkInI15,OOO that :uti There wet . vote on the ffrIt motion to _rove the pttlgrMlS. The motion unanimously .-.ed. - There was . vote on ht. second moIon to u.- funds from the contingency account Tha motion paII8d 4-1. (OIteIrT8)for .....V.) c. Constderstlon of ECQnomlc Development Programs 1. Rent SUbsidy 2. Stgnage Improvement 3. Tenant Improvement Ms. Brooks explained this Item ~ brought back at the request of 8 Board member. She explained some bulldino. were construct4Klln the 19208. Areas that have older commercial corri<Jors have hJgh vacancy r.s and a migration from older ,1'$&$ to newer areas, such as Congress Avenue, occurs. 0eIray Beach "tltuted this program and experienced II high rate of success. The program encouraged new or exiating business to occupy pr$vIously vacated spae&. and they would us.i$t tM business to become and>llshed over the next 12 to 18 months by paying a portion of the rent to the landlotd for a Hmfted amount of 8me. Discussion followed something needad to h-wen to draw attention to the downtown. In Delray Beach, the-program was limited to a specffIed aI'M. Additionally, some munlclptdltfe. limit the assistance tocert.m kinds of bUslnestes that are compdble with the vition of th6 downtOWn. It was noted the I.... amount shoufd txcted the 8Ub$ldy, and it wac recom~ . multi-vear Ie..e be u"d. Staff also anafyzed l1e bU$fnesae. and thtIr flnandat ateblIfty. App1~ shoUld haw a buIInes' plan with . five-year financial forecast within It and two years of tax retumsa..n. Staff cotild.geographfcat(y Umll the sub&fdy to types of buslnel.... The Detray Beach Com11'lUfltW Redevtlopment Agency budQeted $25,000 for th6 program this year. Ms. Bright beIteved the COBG .nd H08 ...... would probably be ... most __tc ..... to Implement the program, but .~r tpeakIng to several auccenful ConQreSa Avenue retail 0'M'MtFa, It wu learned rent subSfdy up to three months and tenant lmprcMment funding up to $2,600 was already being provided. If an applicant received rent sublidy, they might not be r&c.lvIng Tenant improvement. Ms. Bright believed EPOCH properIiM and WooIbr1ght Development needed a...nee to entice bualne.... there. There was no federal funding for small business *msW\oe .vallable In any of the sl1mulus plans. The program could be Implemented as a pHot program through August of 8 \lL '/ ,~~ /:\ \ 1!I~~Y~T8~lCRA ill East Slde- West Side-Seaside Renaissance BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMUNITY MEETING GRANT PROGRAM APPLICATION Date: :A ~ /, tJ v I Applicant Information Name of Community Group or HOA: rl1~.aJ--r-C/YICt f'llCfGcn ftJk {)/:f,~ S.. Name and Title of Group Contact: ~41tfr.t ~~ ~f~ '0 CfiJf Address of Community Group or HtfJ:/y/ ~ ~ U8h+ Address of Group Contact: <is;''' ( ~ -;;-3 r ~ t 5 :L;2... Phone Number: ;)., ~6~N,uJ, _~ ~ 1?x:y.~ ~ fl/VJ '?rp-f5' -- E~mail: Location of Meeting. : ~rol ~~g/~ ~~_ Date of Meeting: '3 d ~~ ~ e__ _orv.f-h Hours of Meetihg: ~/ fJ tn - Lj: 1Y{)P trJ - ?1!JJ5!I() The applicant(s) certify that all information presented in this application. and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Homeowners Association Grant Program, and it is true and complete to the best of the appliGant(s) knowledge and belief. Applicant(s) understand that damages to any City facility cannot be reimbursed by the eRA and will be the sole responsibility of the applying community group or HOA ,APPI~. ~j/J(#ll/lf ~lure.' -.~hI flbt/Ivll1!/~~e Print Name: . Date: Ft)(o S. d.J> /6 J Applicant: Signature Print Name: Date: BoyntOl'! BeaCh (:otnmUliity Redevelopmenl Agency Communl1y Meeiing Grart App6c:aUon Reln$llil8d November 10, 2009 I[) IrlfL'-hnf/.s @ (i.s- /tR!: pcr rreel-{n(j-= 0)5" ilf2.~ X $LlrJ)oo pc:'r r.)()()J~ .=:' .ft 1000 . DO -r ~ 3)~)' on d..amt a. ~ , CITY OF B:IYNTON BEACH clt.po&it RECF~EATION & PAHK:3 DEPARTMENT . . FaGility/Field Use Application Form ORGANIZATION/INDIVIDUAL :J:ll:ie.t: /I, ~-J.I'CJ~' f1L.fjlaF.xJ n y;dlIt~"'-dJ - ~ J1vs y Type: ___Individual ___ Business /Non-profit Other. ' CONTACT PERSON (if organization}-.!2r'< NtatdbL : J ADDRESS: ~)J1Il1!.tOfP,IJY't.~, 1p . . ~~r CIty PHONE #'S: (HOME)g/Pf-1 ~ ~~ ..,1(j~~~(WORK) ~-:? 3 ~~ wI 5:2-:2. 1. FACILITY/FIELD {!fl/ro ktn3; ImS ~'ifd- ROOM_ - 2. REQUESTED DATE & TIME (please indicate a.m. or p.m.): # OF PEOPLE: ;..8 Single Use: Date Hours: from to Weekly: Dates __ Hours: from to .e-ont~ip Day of Week ~ S.lart Date: *~{f'V End Date: Hours: J. - 'f : -3 LJ 3. SPECIAL ~NSTRUCTIONS (please use the "FACILITY/FIELD PREPARA TlON REQUEST' form to detail special set up or maintenance requirements two weeks prior to event date) 4. PROGRAM INFORMATION (please chBGI< all appropriate categories): ./ Educational __ IPolitical _ Religious __ 'Recreational Private Function _~ IMeeting Other (please describe below) Fund-raising* __ ,e,dmission Fee* i"""""" Food/Drink BBing Served Food or Items Being Sold (list bE~low) Please briefly describe t~f.Pe and purpo e of meeting and if the meeting is a fundraiser, list for "'(horn the funds are bei raised: ~~j f\I1 eJt>~~ ~V~~ ~ ~ , - J,~~. 7;; t!.:> P NJ *If your function involves fund-raising or an entrv/admission fee, please list information requested below: . Projected Attendance: ;1~ Gross RE!Venue:. IV/II- Entry Fee/Team: win Entry Fee/Person: NIl!/. I agree to comply with all "special consider,ations" listed on thE! facilitylfield use information form. SIGNATURE OF APPLICANT: ~tFi.. J ~~fJ DATE: y njltJ '( FOR OFFICE USE ONLY Approved Facility Fee: _ hrs x $-'hr = $ Bill Cade: NR_ R_; NP _. Prv_ Comm_ Field Use: _ hrs x $-'hr = $ Sub-Total Above $ Sales Tax (6.5% .of sub-tatal) $ Staffing Fee: _ hrs x $35/hr = $ Field Preparatian ($35/hr per persan). .. $ Custodial ($50-$150 per event). . . . . . $ Field Lights: _ hrs x $-'hr = $ (CELL) Rejected (reasan) Autharized by: Date: (Recreatian Supervisar) Depasit Payment (Y2 fees) $ _ Check # __ Date_ Balance Payment $_ Check#__ D<;lte_ (including Damage Deposit) Proaf .of Insurance Rec'd Or TULIP application & check forwarded ta Risk __ Date:_ Revised 7/24/08 Date: Na tax charged far nan-prafit graups. MUST attach copy .of tax exempt certificate far non-prafits. TOTAL FEE . . . . . . . . . . . . . . . . . . . $ . CITY OF BOYNTON BEACH ... STANDARD HOLp HARMLES~ AND INDEMNITY CLAUSE lttk an' / 1fLa.. ..Jl;orrjf-n /YIet= J/~ (!h(Jjl)fey~3q~ /1 . m lJfJ(J. . '.Sor,; ~ (Name oflessee),-I(s Officers and ~embers 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. .jnatur~ of Representative Title Date r UOJlJHrJ IYJee1t (!mde)^tt39~ JJlftrYJdhtJYJo! A!lrJsDI1s. Name of Organization I Recreation & Parks Department Title Date :fiMAGE DEPOSIT AGREEMENT i /I~ .....J-, oj ()/) lJanl.'I-tt /YleeK~ (!hMffr 1*39 YlILY'()(Illffn i /llaSDh.s {Name of Lessee), shall, through'the si ning of this document, agree to submit a "damage deposit" for use of a Boynton Beach Recreation and Parks Department facility ("facility") in the amount of $300. I understand that by signing this document and taking possession of the facility, I agree that the facility was in good, sanitary order, condition and repair, and with no defects of any sort, upon receipt. I understand that, as the Lessee, I am responsible that the facility will be returned to the City in the same good, sanitary order, condition and repair as delivered to the Lessee. I understand that if, for any reason, there is damage to the facility upon completion of the Lessee's use of the facility, and a City inspection of the facility is conducted, the damage deposit will not be refunded. I understand that should the City incur any costs or expenses for the clean-up of the facility following its use by the Lessee, these expenses will be deducted from the damage deposit and any additional charges will be the responsibility of the Lessee. As the Lessee, I also agree to complete any necessary clean up after the event, including the removal of any trash from the facility and its surrounding area, and removal of all personal items, including linens, chair covers, catering equipment, all left over food products, and/or disc jockey and band equipment prior to the Lessee's departure, as part of our fee waiver. I understand that no equipment or items of any kind brought into the facility can be left at the end of the event or stored at the facility either before or after the event per City of Boynton Beach Recreation and Parks Department Administrative Policy number 07-001. ~ure of Represenl~livef!hap . yTill, yt/e Dale Y) rl-n fYJeetj; ~ fer1t39 > rnaf1{)YJoJ /JIl {JcSe:,n S; Name of Organization ' . Recreation & Parks Department Title Date Copies to: Lessee/Risk Management Revised 7/24/08 www.sunbiz.org - Department of State Page 1 of2 Previous on List Next on List Retum To List Entity Name Search I Submit I No Events No Name History Detail by Entity Name Florida Non Profit Corporation THE INTERNATIONAL MASONS AND ORDER OF EASTERN STARS BUILDING AND CHARITABLE ASSOCIATION OF ST. PETERSBURG, INC. Filing Information Document Number N96000000114 FEI/EIN Number 583136728 Date Filed 01/08/1996 State FL Status ACTIVE Principal Address 855 13TH AVENUE SOUTH ST. PETERSBURG FL 33701 Mailing Address 3500 28TH AVENUE S. ST. PETERSBURG FL 33711 Registered Agent Name & Address HAYES, CHRISTINE W 3500 28TH AVENUE S. ST. PETERSBURG FL 33711 US Name Changed: 11/12/1997 Address Changed: 11/12/1997 Officer/Director Detail Name & Address Title D KELLY, JAMES E 850 NEWTON AVENUE S. ST. PETERSBURG FL 33701 TitleT HAYES, CHRISTINE W 3500 28TH AVENUE S. ST. PETERSBURG FL 33711 TitleT DAVIS, THELMA 2425 HIGHLAND STREET S. ST. PETERSBURG FL 33701 TitleT hrtn. / /~;V ~lln hi 7 OTP /~C',rint~/ cordet.exe?action= D ETFIL&ina doc number= N9600000... 2/25/2010 www.sunbiz.org - Department of State KITTLES, WILLIE T 2487 LYNN LAKE CIRCLE SO. SAINT PETERSBURG FL 33712 Annual Reports Report Year Filed Date 2007 09/06/2007 2008 08/25f2008 2009 04/27/2009 Document Images [ [ [ [ [ [ [ [ [ [ [ [ 11/12/1997 -- ANNUAL REPORT [ 01/08/1996 - DOCUMENTS PRIOR TO 1997 [ 04/27/2009 -- ANNUAL REPORT 08/25/2008 ANNUAL REPORT 09/06/2007 - ANNUAL REPORT 07/2lJ2fJJJfJ - ANNUAL REPORT 04/13/2005 -- ANNUAL REPORT 08/18/2004 -.ANNUAL REPORT 09/1.1/2003 -=-~llNUAL REPORT 05128/2002 -- ANNUAL REPORT 05118/2001 -- ANNUAL REPORT ~OOO--ANNUALREPORT 05/1 0/1~99 - ANNUAL REPORT 07/16/1998 -- ANNUAL REPORT View im~g~ if! P[)f format y~,~..imiatjc;lJ:'J?f fQm:1~t Vi~W Im~a..e in POf fPlTllat Vi~~ !I!!D!. jnJ'QF f2fl11!it V~W im@Q@ j., PPF f9.~t Vi~wim~Q.' irlPQF fQrmat View 'm~W! in Ppf f9rmat Vi~VI imJQ., .in ppF fC>lTllat Vi.Cjt~!m!,g,t? ill ppf fg,rmat View il11QQtt ill PDf format Vi~w.im~Q~ in. PQF f()rmat ViE1~irn~gEi) in POF format Vie...., im~g(t in PDF forJ'l)at View imag.e in PDF format rNote: This is not official record. See documents if question or conflict. I Previous on List No Events No Name History Next on List Return To List ] ] ] ] ] ] ] ] ] ] ] ] ] ] I Home I Contact us I Document Searches! E-Filing Services I Forms I Help i Copyright a nd Privacy Policies Copyright @ 2007 State of Florida, Department of State. Page) nj Entity Name Search I Submit] L~___ 11_______ _____ L~_ ___/~~_:_+~/~~_~~+ ~u~f)~~+;~~-TYC'T'1:iTT -"r;~" rl~" ~"......h",..=l\.TQh(\(\(\(\(\ '1/')'::;/')(\1 () 2009 NOT-FOR-PROFIT CORPORATION ANNUAL REPORT FILED Apr 27, 2009 DOCUMENT# N96000000114 Secretary of State Entity Name: THE INTERNATIONAL MASONS AND ORDER OF EASTERN STARS BUILDING AND CHARITABLE ASSOCIATION OF ST. PETERSBURG, INC. Current Principal Place of Business: New Principal Place of Business: 855 13TH AVENUE SOUTH ST. PETERSBURG, FL 33701 New Mailing Address: Current Mailing Address: 3500 28TH AVENUE S. ST.PETERSBURG, FL 33711 FE! Number Applied For ( ) FE! Number Not Applicable ( ) Certificate of Status Desired (X) FE! Number: 51-3136728 Name and Address of New Registered Agent: Name and Address of Current Registered Agent: HAYES, CHRISTINE W 3500 28TH AVENUE S. ST. PETERSBURG, FL 33711 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: Electronic Signature of Registered Agent OFFICERS AND DIRECTORS: TiUe: Name: Address: ~Ity-St-Zip: Tille: Name: Address: City-St-Zip: Title: Name: Address: City-St-Zip: Title: Name: Address: Clty-St-Zip: Date ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: D ( ) Delete KELLY, JAMES E 850 NEWTON AVENUE S. ST. PETERSBURG, FL 33701 Tille: Name: Address: City-st-Zip: ( ) Change ( ) Addition T ( ) Delete HAYES, CHRISTINE W 3500 28lH AVENUE S. ST. PETERSBURG, FL 33711 Title: Name: Address: City-st-Zip: ( ) Change ( ) Adation T ( ) Delete DAVIS, lHELMA 2425 HIGHLAND STREET S. ST. PETERSBURG, FL 33701 Title: Name: Address: City-st-Zip: ( ) Change ( ) Addition T ( ) Delete KITTLES, WILLIE T 2487 LYNN LAKE CIRCLE SO. SAINT PETERSBURG, FL 33712 Title: Name: Address: City-St-Zip: ( ) Change ( ) Addilfon 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. ;IGNATURE: CHRISTINE HAYES Electronic Signature of Signing OI'ficer or Director T 04/2712009 Date IN I f::RNATIONAL MA~UN::i ANU I:.A::iTERN ::, lid, YEARLY ENDOWMENT REPORT 2101 GRATIOT1 DETROIT, MICHIGAN 48207 TO BE SENT TO HEADOUARTERS AFTER THE FIRST MEETING 1 I OF EACH MONTH. LODGE NAMEJUANITA MEEKS .__F THIS REPORT SHOULD BE EXHIBITED TO EACH LODGE MEMBER AFTER RECEIVED. NO LLd21-____. DATE "l/OS/09 WHEN COLUMN 3 HAS A - OR + BEFORE YOUR NAME, IT INDICATES YOUR STANDING ASOF DECEMBER OF PRIOR YEAR. I 2 3 NAME Dllte JAN. FEB, MAR APPll ROLL RATE DEe THE RATE IS THE. AMOUNT Received NO. SHOWN IN COLUMN 2 In Office 2 08 ----+- NONE 2/17 NONE "JONE MA', --ctTY-~.----'-~--~ -~ - - -- -------Zlf (WRITE AMOUNT IN COLUMN OF ~ MONTH ON~ JU~~-.-:~y__~_,___,AU~_~+-~2~T._~~T~__+-~' I : I ! , I : -+ I I I I NONE 'l 175 PO ARMENA N PITTS 7 175 PO AROLYN WHITE 12 1.75 PO LADYS NORRIS 20 125 PO 'USIE 11 HEATH 22 105 PO ATHERINE ,JACKSON 23 175 PO ARY S BRAZIEL 24 350 PO HIRLEY MEEKS 25 350 PO ENGRAM NORFUS 28 :175 PO 35 35 PO ..LOIS EDMONDS 36 :/.75 PO YRTLE L /"IARSHALL 38 35 PO WENDOLYN FAISON 45 ~15+ 3 ANGELA L KING 48 350 U GRETT/'. D CEASAR 51 350.> 11 JOYCE L.ESTER 55 35+ 21 LAN I ~IA C LAWSON 56 35,- 3 DEMETRIA BRIDGETT 61, 35+ l.l ROSHAWi'1 SLOAN 62 35+ 11 SHAfWN L IVERY 66 17~J+ CATHERINE LAWSON 67 35+ 9 IELEI~ R ~lCGR I FF TOTAL ENDOWMENT - 'TO THE SECRETARY: DO NOT PUT ANY FIGURES IN THE MONTH THAT HAS BEEN PREVIOUSl ,SEC. ADDRESS SENT TO HEADQUARTERS. HA VE YOU OOUBLE CHECKED YOUR FIGURES? 010 YOU ENCLOSE A COpy OF THE MINUTES OF YOUR LODGE MEETING' MAKE ALL CHECKSPA YABLE TO INTERNA TlONAL MASONS NOTE: ANY MEMBER OR SECRETARY RECEIVING MONEY AND NOT REPORTING IT TO HEADQUARTERS IS TO BE EXPELLED FROM THE LODGE ,W. M ADDRESS __- ~- ~'.. IN'1'"ERNATICI\'jl\l_ MJ\SONS ANt" E!\STIERJ'lr ~TlIfi LOOGE NAME,IUANTTA MFFMR _~_____J_, 2 01 ( {,\TI( r l:'rROII ~11Cf IG<\N 48 !07 .--- -------~~, :~) ';'1"J] 11r l~I*1 "f" ~A~,':~ 3> ~. ; l:"':~: ~~': ': J2:;.=.oEQ.6 c~::: ~~:=~ ~~__l J~N Fr:E. -T-N;;;- ~~ I::~- ------1------ nlls REPORT SHOULD BE EXHIBITED TO EACH LODGE M "HER AFTER RECEIVED. YEARLY ENDOWMENT REPORT TO BE SENT TO HEADQUARTERS AFTER THE FIRS" MEETING OF EACH MONTH. N(). . F'I 394 DATE 9/0Fl/()<;1 WHEN COLUMN 3 HAS A - OR + BEFORE YOUR r,Ar1E. IT INDICATES YOUR STANDING AS DF DECEMBER OF PR 10, YEAR. I: TV STATE ZIf (IVR n AMOUNT IN COLUMN OF ~ MONTH ~ 1 2 3 NAME ROLL RATE DEC. THE RATE IS THE AMOUNT NO. " In,",s SHOWN IN COLUMN 2 68 35-1 9 CAROLYN E WILSON 69 10::;-1 9 LORETHA L DANIELS 70 175 2 RAMONA R FREDERICK 71 245 U CONSTRELLA G ZANDERS ~--- Oat.~ Flecehed Ir 011 CI --.. JLNE ULY AUG. SEPT. OCT. NOV. DEC. ~:Qj [; _;~L~zl_J"m~ ~ONE I~~!& 14 ;1': TOTAL ENDOWMENT :_.. 14,.~~) 'TO THE SECRETARY: MARTHA NORFUS-MEEKLIGH .W.M. A()D1ESS~~~~~:E !:,ESTER ______ DO NOT PUT ANY FIGURES INTHE 22:5 N W 6TH AVENUE 9.1 11APLE LANE, MONTH THAT HAS BEEN PREVIOUS BOYNTON BCH FL 3343:~ ,sec A()DHSS...!~YJ~S~ BCH. __~=- 334::!ltl SENT TO HEADQUARTERS. HAVE YOU DOUBLE CHECKED YOUR FIGURES? Dill YOU EIICLO:,E, , COpy O,F' ThE MI/>/IITES OF YOUR WDGE AEETI,VG? M"KE ALL CH.ECKSPAYABLE TO INTERNATIONAL MASONS. NOTE: ANY MEMBER OR BEeRE TARY R"eEI~ IN'; !lONEY .~NO NOT IIEPORTING IT TI) HEAt QUAIITERS IS TO BE IDCPHI.ED FROM THE LODGE. INTERNATIONAL E & A.M. MASO~ O.E.S. V.I.P. CARD o ; Iii" I' I,) \ t ,Ii,,- ',' " J 0, U~~eita~ , & Mtls of H.,,, wr.r\~ Very HT1portapt PerSOJ~ H,... \' ;'-Ilh i'W li!::;l Ie; ill George Mathews, SUpl'emf; Presidel;\ -lff;,.-,e, ':;'101 r::,.,fj ", ~.'f' Signature of Holde t WHA~~ 1. Get names and addresses of W M.'s in all cities you plan to visit. 2. Present this card to the officer. He will then give you any further information desired. 3. In case financial help is needed, contact your Decader or W.M. of your local Lodge. Make known to him your dilemma. He will call on. your Lodge, or a committee thereof, to provide the relief. Any financial assistance must be through your local Lodge. ,.....,.-. I _-, ~ '.;"""'..' ~~ INTERNATIONAL F. & A.M. MASONS & ORDER OF EASTERN STAR Mary McLeod Bethune Grand Chapter of Florida Subordinate Chapter Election Report Sheet Chapter Names /No Juanita Meeks #394 Date 6/101t, 'f Election held by Sig. Linda Walker, D. G.M. District No. 26 Worthy Matron: SiB. Martha Meekslight (561) 738-1522 Ad dress/Phone No. Zip Code: 225 N. W. 6th Ave., BOynton Beach> FL 33435 /" Worthy Patron: Bro. Green Address/Phone No. Zip Code: Boynton Beach, FL. Associate Matron: Sis. Gladys Norris (561) 732-5870 , 'Address/Phone No~--Zip Code: 41TN.E: I1th::Av.e~:~ .'ior- Boynton.:Bch. FL33435 #_ _ _. __."_M~U ,. _~._'~'v-... _ ._".'_ _ ,Bec~/CQr~r~: S~fel~~rY~;".~~$~S::. -:LOiet~a- DaIlj;i:L~. (561) 734-54&1-= Address/Phone No. Zip Code: 417 N.E. i.7th Ave., BoyntonBch. FL 33435 Financial Secretary: SiB. Joyce Lester (561) 964-.52J4 f Address/Phone No. Zip Code: 92 Maple Lcwe, Boynton Beach, FL 3343b .r "f:.reac;urer: Sis. Susie Heath (561) 736-3SZ8 .....-..--.. Address/Phone No. Zip Code: ] 26 N. W. 6!:h Ave.. Boynton Beach. VI. 33435 Monitor: Sis. Carmena Pitts Address/Phone No. Zip Code: (561) 738-1522/" 225 N. W'. 61:h Ave.. Boynton Beach, FL 33'435 Conductress Sis. GreUa Ceasar (561) 496-1838 Address/Phone No. Zip Code: 339 Martin L;ther King Jr. Blvd. B.B. FL 33435 Asso. Conductress: Sis. Charmaine Pryor Address/Phone No. Zip Code: Boynton Beach, FL 33435 Chaplain Sis. Katherine Jackson (561) 732--4139 AddresslPhone No. Zip Code: 122 N. W. 8th Ave., Boynton Beach, FL 33435 Ada Sis. Mary Mosley Address/Phone No. Zip Code: 401 S.E. 12th Ave., i../" . v [..// v~ /"/ ~~ Boynton Beach. FL ::S::S4::S~ V Ruth Sis. Carolyn White (561) 734-9649 Address/Phone No. Zip Code: 126 N.W. 6th Ave., Boynton Beach. FL 33435 Esther Sis. Joyce Sloan (.5&lt"'9'63 .gOl5 Address/Phone No. Zip Code: 4735 Gladiaton Cir., Greenacres FL. 33463 Martha Sis. Mary EnJ?,;ran Address/Phone No. Zip Code: (561) 734-6881 2160 N. Seacrest Blvd., Boynton Beach, FL. EJecta SiB. Shirley Meeks l1drll'P~c;iPhone No. Zin Code: (561) 547--4045 1336 W. Indies Yav. Rnvnron Rp~rh_ VI. ~<fi~~ ~ /~ r" k.~./ ( ,~'; r Subordinate Chapter Election Report Sheet (Page 2) VVarder Sis. Elois Edmonds Address/Phone No. Zip Code: (561) 732~7905 ~ 611 N.W. 4th St., Boynton Beach, FL 33435 Sentinel Sis. lola S~ ' Address/Phone No. Zip Code: Organist Address/Phone No. Zip Code: Marshall Sis. Myrtle Marshall Address/Phone No. Zip Code: 309 N.W. 11th Ave., ~ N urse- .:-' > ' , -,-'"C'-.u," -' _', C<_C',-'.' -'-,"""-- " .... --r __ -- Addr~ss/Ph'one Nt;-~ Zip::Code:- ..--- , t--/ (561) 732-8909 Boynton Beach, FL 3343? n~'-_ ~ '. ..L _d _" ......__._ _ '._ -- . 'Executive Board Presid~Ht c' - - Address/Phone No. Zip Code: .,' Sick Committee Chairman: . ,-, _",Address/Phone No. Zip Code: .-- ,. . .. ----.--. - ".~"-~'="""~ Social Chairman: Address/Phone No. Zip Code: Signa~ lJ~ District Grand Matron No ~ -~ r -J' .....V" neacn ~-FL-:' "33435 i ,;.r VI. CONSENT AGENDA: G. Approval of Commercial Fa~ade Grant to Flamingo Plaza ~~~~Y~T8~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: March 15,2010 I X I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approve the Commercial Facade Improvement Grant application for up to $15,000 to Frank and Patricia Maloney (Flamingo Plaza) for program eligible items at the property located at 407 South Federal Highway, Boynton Beach, FL SUMMARY: Frank and Patricia Maloney, as owners of the property located at 407 South Federal Highway, have submitted an application to the CRA's Commercial Facade Improvement Grant Program. Eligible items under grant program guidelines include exterior painting and structural repairs, awnings, signage, lighting, paving and landscaping. The applicant is proposing a scope of work that includes complete fayade renovations which will require new stucco, decorative foam molding, paint, seal coat and stripe parking, signage and landscaping The Commercial Fayade Improvement program reimburses 50% of the applicant's expenditures for the eligible improvements up to a maximum grant total of $15,000.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: Up to $15,000.00 from project fund line item: 02-58400-440. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Federal Highway Plan and Downtown Masterplan RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application for up to $15,000.00 to Frank and Patricial Maloney (Flamingo Plaza) for program eligible items for the property located at 407 South Federal Highway, Boynton Beach, FL. ~~&~~\ Michael Simon Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetingIFY 2009 - 2010 Board MeetingsI03-15-10IComm Facade Grant- Flamingo Plaza. doc ~~~~Y~Te~ 11I1 East Side-West S'lde-Seas',de Rena'lssance 2009/2010 if tC\' ~YV\(b,.,~ 1\ q e (s @ COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM I (~lY\Q\\ ,(~fYl APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Property Owner: C! \O:3~ (Jrt\ Frank and Patricia Maloney .~ Address of Property Owner: 407 S. Federal Highway City/State: Boynton Beach, FL Phone # Day: 561-531-1310-Kr\n~_ Evening: Zip Code: 33435 561-531-1310-. J Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): Legal Owners: Frank and Patricia Maloney Le~al Description: Property known as Flamin~o Plaza. PENCES SUB NO 1 L TS 8,9 & 12 (LESS N 60 FT & EL Y 18.95 FT US HWY NO 1 RIW) BLK A If Different from Property Owner Name of Business: Address of Business: City/State: Zip Code: Evening: Phone # Day: Type of Business: Years of Operation: Number of Employees: Annual Payroll: Number of Employees residing in Boynton Beach: List of improvements proposed: See Exhibit A PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached eRA Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible improvements for this program include: · Painting . Shutters · Signage (located on the building or the property) · Awnings/canopies · Decorative exterior facade improvements . Exterior Doors/windows . Landscaping around the building . Irrigation . Parking lot re-paving, re-sealing, re-striping . Exterior Lighting . Patio or decks connected to the building · Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement) . ADA improvements 2 4. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach Count Yo If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible fac;ade improvements up to a total of fifteen thousand dollars ($15,000) ofCRA funds. Example: Total project costs: $18,000.00 Applicant funds expended: $18,000.00 CRA reimbursement: $ 9,000.00 6. The Fac;ade Grant program will honor expenditures completed up to 90 days prior to application, improvements underway and proposed improvements. 7. The Fac;ade Grant program may only be used one time in any five year period for anyone property. Properties may re-apply for additional grants any time after five (5) years from previous grant approval. Project phasing of up to two years can be requested. 8. The property owner, or tenant if applicable, must complete the fac;ade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the fac;ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 9. Disbursement of grant funds shall only occur if the following conditions are met: a. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City Building Department (if applicable). b. CRA has received copies of final "paid in full" vendor/contractor invoices. c. eRA has received copies of final inspection approvals for all permit required work. c. Entire scope of work for eligible items is completed. d. Applicant provides "After" photos. 3 APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256. 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. Appropriate grant program documents will be prepared and submitted by the applicant. CRA staff will then present the completed grant application to the CRA Board for their review and approval. The eRA Board conducts their meetings on the second Tuesday of each month and the applicant will be notified of grant approval by regular mail. 4. The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City building inspections, the CRA will inspect the work to determine the satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and understand all aspects of the Fayade Grant Program Agreement, including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: ~ Project work write-up(s) describing in detail the scope of the project, """ Plans or sketches if applicable, .,,{ Site plan and plant list for landscape projects, . Third-party cost estimates from three (3) licensed contractors, ~/A / Estimated time line, ..,.,- Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), ~ A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", -4i Signage design with colors & materials proposed if applicable, ..... Project color chips I material samples if applicable, ~ And material specifications. Applicable documents must be attached for the Application to be processed. 4 By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Jl,- ItJ - 0 (Date) ;.- .r ( ~ . j '"-., ._~ (Property owner's signature must be notarized) Witness (Date) TenanUBusiness Owner (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared \;'~.., se,.\.( l/-\ t''\ I)"~ L.O t-l~ ,CwtiOiS-'personaiiy"known 'to'--mv or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this \0'" day of (ffiQ..u~'t ,20 lO. NOTARY PUBLIC '11 Clyf-!1.,f My Commission Expires: 6/\0/\0 MARY DEfRAIN ~d MY COMMISSION 1/ DO 557687 : EXPIRES: June 10, 2010 Bonded Thru Nolary Public Underwriters 5 " ~lII~qY~T8~ C . East Side-West Side-Seaside Rena'lssance 2009/2010 COMMERCIAL FACADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new fayade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 2. The CRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. 3. A minimum of three (3) inspections by the CRA may be required. Those CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA. These inspections in no way are substitutes for required City Building Code inspections and compliances. 4. The property owner, or tenant if applicable, must complete the fayade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the fayade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMB'URSEMENT REGULATIONS 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re-imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. 3. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. 4. Grantees may not submit fayade work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Fayade Grant program will only honor new expenditures that have not been submitted under other grant programs. The Fayade Grant program may only be used one time in any five year period for anyone property. Properties may re-apply for additional grants any time after five (5) years from previous grant approval. 5. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials. o? /cj' (Date) (,..~ .---' Property Own r Witness (Date) Tenant/Business Owner (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared P P\tlLltJ.q ~\,~ r-..X....-1 ,~~ Is--!'ersonally k"uwrr--1C>-- my or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this lD l\-{ day of r;C-6~ NOTARY PUBLIC '1r{~ -!l1 My Commission Expires: (t"") Il 0 I \ 0 ,20~. MARY DEFRAIN \*S MY COMMISSION # DD 557687 EXPIRES: June 10,2010 Bonded Thru Notary Public Underwriters 2 Exhibit A FLAMINGO PLAZA 407 S Federal Highway Boynton Beach, FL 33435. FACADE RENOVATION PROJECT February 11, 2010 It is our miSSion and purpose to design and execute an exterior renovation project at Flamingo Plaza in Boynton Beach, FL that will achieve the following results: . Enhance the curb appeal of this unique shopping center. . Update the building, signage and landscaping to reflect current trends in architecture and design. . Maintain the esthetic and historical beauty of the Boynton Beach corridor of Federal Highway. . Improve business through increased walk-in traffic for the tenants who occupy the center. Such improvements will be implemented as per the attached diagram and will be managed by Keystone Construction per the plans created by Bali Design and submitted and approved for permit by the City of Boynton Beach. A detail listing of the project plan is as follows: 1. The existing structural columns supporting the existing flat roof at the covered walkway shall be framed out and brought forward to create wider decorative columns which then extend up past the existing covered walkway. 2. Above the flat roof over the covered walkway we are adding pitched roof trusses in between the new extended walls with metal roofing above. 3. On the left side of the building there is an existing wall which extends above the existing flat roof on which we will add a pitched roof to give the effect of a tower. 4. On the new tower, lighted signage for 'Flamingo Plaza' will be added 5. On the lower level to the right of the extended wall there is an existing window that will be framed out 6" inches. 6. At the top of the columns and parapets we will add a foam molding with stucco finish to increase the depth of the building and minimize the view of the flat roof. 7. The shopping center will then have a new layout of smooth stucco applied to the designated areas as denoted on the attached diagram and plans. 10f2 8. New channel lettered signs with complimentary colors will be installed for each tenant on the building, and a new road sign will be installed at the road 9. The tree at the front of the south end of the building will be trimmed to increase the visibility of the new tower. 10. New flowering plants with colors that compliment the new look of the building will be added along the road at the front of the parking area and around the road sign. To facilitate a clear representation of the renovations planned, the following are included as supporting documentation: 1. Photos of the existing shopping center - front/road view 2. Photos of the existing shopping center - north view 3. A pictorial diagram of the proposed build out of the shopping center - front view 4. A graphic depicting the colors to be used for exterior painting 5. A copy of the diagrams and plans submitted and approved by the City of Boynton Beach for permit 6. A copy of the letter submitted to the City of Boynton Beach to describe the proposed new signage. The renovation project is to be completed in accordance with the permitted plans for an estimated contract price of $79,840.00. A copy of the selected constructor's bid is attached. Construction start date was January 26, 2010 with an estimated timeline of 60 days to complete construction, painting, signage and landscaping, as well as associated inspections. 20f2 , .eo - r-~~ I i \ ~,.,jb ~ ~ ......... ..... -< ~ \ I ~ ~ ~ ~ \ \ -~ ~ - \ Exhibit " P: Unit No. - ~ ~- I ,. , . ~ p.te.zt.J~ ~ /::" /,c-r<fIP. ) , ' ,J, _-- ....". I ~ /~\ (~) ~\ ~\I ~\'o \ ~\~ ~\I . / . \ \ ..J ' oJ (, (J"'" ~ ~ \ ,.4""-"'< p..6;?f" -- -- I e..c:> I . sount FEOERt.L HtGHW t. 't (u.s. ROU-rE 1) ---- " WDC2."'f""" \.. ""If;!,' KEYSTONE CONSTRUCTION & RESTORATION COMPANY me. Tel: (561) 447-8300 Fax: (561) 447-8302 4160 NW I st Ave #12, Boca Raton, FL 33431 Licensed & Insured CGC1504788 PROPOSAL/CONTRACT DATE NAME: ADDRESS: CITY. STATE: PHONE NUMBER: January 6, 2010 Rita Ayers 407 S Federal Hwy Boynton Bch, FL 561-531-1310 We hereby propose to furnish the materials and perform the labor necessary for the completion of: Exterior renovation and re-model as per plans by Bali Design dated 10/22/09. . DEMO: As needed to accommodate new construction at Exterior Front. Wood Wrap at columns, exterior signs, wood siding, etc. . STRUCTURAL/SHELL: As per plan to create new pitched roof/tower at southeast end of building as well as new columns and dividing walls at front exterior of building. Includes all material and labor as well as engineering needed to complete project to final plans by Bali Designs dated 10/22/09.. . ROOFING: Supply and install all material needed to complete new galvalume, standing seam, mill finish metal roof as per plans. . STUCCO: Includes all material and labor needed to stucco exterior of building as per plan. Includes all lathe and beading as needed. . PAINT: Supply material and labor needed to paint entire exterior of building (color and finish per customer) Sherwin Williams paint. Includes painting existing window and door frames if requested. . ELECTRICAL: As per plans. Includes all material and labor. Includes recessed lighting under walkway. Does not include new sconces at front of building at columns, all labor to hang sconces is included. · DECORATIVE FOAM MOLDING (EXT.): Includes material and labor to install as per plan and specs at exterior of building. · SEALCOAT/STRIPE PARKING AREA: Includes material and labor needed to seal coat and stripe parking lot as needed. . TEXTURE AND PAINT SIDEWALK: Apply spray texture, non slip, at sidewalk area. Includes paint/stain, color and style per customer. . LANDSCAPE PACKAGE: Minor landscaping at front of building (around sign and at north & south entrance areas). . MISC: Job site clean up and debris removal/dumpsters and temp. toilet included. 10f3 ITEMS NOT INCLUDED (if aoolicable): 1. The actual permit cost is not included. All administration and portal to portal fees are included as well as the expediting of the permit The actual permit cost is determined by your local municipality not Keystone Construction & Restoration Company, Inc. 2. Any surveys or soil tests needed prior to or during construction. 3. Any specialty electrical/plumbing fixtures. 4. Any content manipulation (moving or storage). 5. Does not include new sUms for individual customers. Electrical Dower is aistine. 6. Any sight unseen items are not included and will require a signed change order for an oowtionalcost. . All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for the sum of: Seventy nine thousand eight hundred and forty dollars. JOB TOTAL $79~840.00 An additional 3% processing fee will be added for any/all charges on American Express Cards. An additional I. 75% processing fee will be added for any/all charges on DisCover Cards With oavments to be as follows (all eontn.ct deposits/draws are non-refundable): 20% due upon signing 20% due upon commencement of work 20% due upon roof completion 20% due upon paint completion 15% due upon substantial completion 5% due upon fInal inspection $15,968.00 $15,968.00 $15,968.00 $15,968.00 $11,976.00 $ 3,992.00 * SUBSTANTIAL COMPLETION DOES NOT INCLUDE PUNCH LIST AND / OR WARRANTY RELATED ITEMS. NO MORE THAN 2% OF THE PROPOSAUCONTRACT TOTAL CAN BE WITHELD FOR ANY AND ALL "PUNCH-OUT WORK" UNLESS PREVIOUSLY STATED. All materials used will be standard stock materials, unless otherwise specified and will match existing materials as close as possible with regards to color, texture and design etc. .. Due to the recent hurricanes that have impacted Florida, some pricing fuay be subject to change. Both materials and/or labor prices have been and will continue to be affected by said hurricanes. 0A INIT~/ / * Any alteration or deviation from above proposaV specifications involving extra costs will be executed only upon written change order. The costs will become an extra charge over and above the original proposal/specifications. This is to include but is not limited to hidden damages that are uncovered during the course of the job and any additional work required by local building inspectors. All agreements contingent upon acts of God, strikes, accidents, or delays beyond our control. Keystone Construction and Restoration Co. Inc. reserves the right to fairly determine customer credits for any work Contractor deems as unnecessary, (applicable only to work that is based on a visual inspection.) 20f3 SPECIAL REMINDER! NOTICE OF CANCELLATION: PLEASE cbeck tbe proposal/specifications and/or plans very carefully and be sure tbat aU of the items that you wish to have incorporated into your job are included. All deposits and draws are non-refundable. You may cancel this transaction, without any penalty or obligation, within three (3) business days from the date originaHy signed. To cancel this transaction, mail or deliver a signed and dated copy oftbis cancellation notice or any other written notice, or send a fax to Keystone Construction & Restoration Co. Inc./Keystone Roofing Services Inc. In addition, be sure that items are correct sizes; also that placements and amounts etc. are correct. If you have any doubt or questions, please check with your Keystone Construction & Restoration Company, Inc., representative as soon as possible. ITEMS, WHICH ARE NOT ON THESE CONSTRUCTION DOCUMENTS, ARE NOT INCLUDED IN YOUR PRICING AND YOU HAVE NOT BEEN CHARGED. . D...A. INITIALS ~ I I All work to be completed in a professional work like manner according to standard practices. Any unpaid balance shall bear interest at 1.5% per month after 5 days from the. due date. In the event of any litigation arising out of this proposal and/or contract, the owner agree to pay all costs in collection including any reasonable attorney's fees and/or to collect on bad checks or closed accounts if the contractor if the prevailing =~W~SQbm_ ~M Note this proposal may be withdrawn by us if not accepted within ~days. ACCEPTANCE OF PROPSAUCONTRACT The above prices, specifications and conditions are'satisfactory and are hereby accepted. You are authorized to do the work as specified. Pavments win be made as outlined above. Date l.1/, ld. .::L''f- 20/0 Acceptance Signature ~.-J,( ~~ .' 3of3 Rita Ayers From: 3ent: To: Subject: Keystone [keystoneboca@bellsouth.net] Thursday, February 11, 2010 11:03AM 'Rita Ayers' Updated Sign Estimate Gemma Sicolo Office Manager Keystone Construction & Restoration Company, Inc. Keystone Roofing Services, Inc. 4160 NW 1st Avenue, Suite 12 Boca Raton, FL 33431 phone (561) 447-8300 Fax (561) 447-8302 -----Original Message----- From: sales@mcneillsigns.com [mailto:sales@mcneillsigns.com] Sent: Thursday, February 11, 2010 10:48 AM To: keystoneboca@bellsouth.net Subject: Re: Sign Estimate Channel letters on Raceway, Led Illuminated, 14" 1. Salon $2,064.48 2. Dry Cleaner / Cleaners $3,174.40/ $2,699.52 3. Pawn Shop / Pawn $2,699.52/ $1,801.28 4. Podiatrist $3,174.40 Regards, Jay Sales Department McNeill Signs, Inc. 555 South Dixie Hwy., East Pompano Beach, FI 33060 Office: (954) 946-3474 Fax: (954) 946-8051 -----Original Message----- From: "Keystone" [keystoneboca@bellsouth.net] Date: 02/10/2010 06:08 AM To: sales@mcneillsigns.com Subject: Re: Sign Estimate Hi Tiffany, Could you please give me an estimate for the following signs: 1 Channel letters on Raceway, Led Illuminated, 12" Salon Dry Cleaner I Cleaners Pawn Shop I Pawn Podiatrist For # 2 and 3, please give me an estimate for each one separately (for example, a price for "Dry Cleaner" and price for "Cleaners") Also, there is a larger sign on the tower of the building (see drawing attached) not illuminated Flamingo Plaza If you have any questions please contact Chris Barrass 561-929-8848 By the way, you were referred to me by FASTSIGNS. Thank you, Gemma Sicolo Office Manager Keystone Construction & Restoration Company, Inc. Keystone Roofing Services, Inc. 4168 NW 1st Avenue, Suite 12 Boca Raton, FL 33431 Phone (561) 447-8388 Fax (561) 447-8382 2 rd Street Si ns 561.374.9111 Date: Job Number: February 11, 2010 10220 TO: Flamingo Plaza Plastic face channel letters: Ize: 14" olor: Standard color to be selected ED IlltJlllination ount on raceway painted to match building color L Labeled Electricity to within 6' of sign by customer 1.00 'PODIATRIST" 1.00 "DRY CLEANERS" 1.00 'CLEANERS" 1.00 SALON" 1.00 'PAWN SHOP" 1.00 'PAWN" 1.00 ost of permit (All inclusive) (1 Permit required for each sign) Reduce cost to $350 if done in groups of 3 or more) 2,579.50 2,722.33 2,185.10 1,720.38 2,293.85 1,577 .55 385.00 2,579.50 2,722.33 2,185.10 1,720.38 2,293.85 1,577 .55 385.00 ales tax to be added at final invoice. erms: ost of permitting paid at time of contract 0% Upon issuance of permit Balance upon delivery BEAT ANY LEGITIMATE QUOTE! Tax rate: 6.5 % Subtotal Tax Total -- I I SIGN~ATIONc; WWW.SIGNSATIONS.COM Date Estimate - 108541 sales@signsations.com 2.110/2010 5425 N. Dixie Highway, STATE LICENSED ELECTRIC SIGN CONTRACTOR Boca Raton, FL 33487. ET11000800 Tel: 561 989 1900 * ELECTRICAL SIGNS * LED SIGNS * J * NEON SIGNS * CHANNEL LETTERS * , Fax: 561 989 1999 * MONUMENT * PYLON * MARQUE * * CUSTOM SIGN SHOP * INSTALLATION It SERVICE It FABRICATION Palm Beach County U-20738 U-20464 Martin County CSE 5539 Broward CC#06-SE-1318-R CC#07-CESM-14009-R Miami Dade 09EOOO363 Customer Job Address I Established 1994 Keystone Roofing Serv I I Attn Chris J T. 561 447 8300 F. 561 447 8302 Terms Rep File Number Due at time of installation TJ Qty Description Cost Total 1 Channel letter sign SALON 14 inch LED letters on 1,510.00 1,510.00 raceway, red face, black trim, black return. Transformer and disconnect switch UL Approved installed....one year I warranty....connected to existing 20 amp supply and time switch from the distribution panef....WE DO NOT RUN I THE SUPPLY TO THE SIGN. I 1 Channel letter sign CLEANERS 14 inch LED letters on 2,246.00 2,246.00 I raceway, red face, black trim, black return. Transformer i and disconnect switch UL Approved installed....one year I warranty....connected to existing 20 amp supply and time I I switch from the distribution panel....WE DO NOT RUN THE SUPPL Y TO THE SIGN. I 1 Channel letter sign PAWN 14 inch LED letters on 1,298.00 1,298.00 I raceway, red face, black trim, black return. Transformer and disconnect switch UL Approved installed....one year I i I warranty....connected to existing 20 amp supply and time I I I switch from the distribution panel....WE DO NOT RUN THE SUPPLY TO THE SIGN. Subtotal This estimate is valid for Sales Tax (6.5%) Terms accepted by 30 days only. Any alteration or additions will Total I involve extra costs. All Name material will remain the I property of signsations 50% due on acceptance of Date until paid for in full. estimate I Page 1 I SIGN~ATIONS WWW.SIGNSATIONS.COM Date Estimate sales@signsations.com 2/10/2010 10854 5425 N. Dixie Highway, STATE LICENSED ELECTRIC SIGN CONTRACTOR Boca Raton, FL 33487. ET11000800 * ELECTRICAL SIGNS * LED SIGNS * Tel: 561 989 1900 * NEON SIGNS * CHANNEL LETTERS * Fax: 561 989 1999 * MONUMENT * PYLON * MARQUE * * CUSTOM SIGN SHOP * I STALLA ION It SERVICE It FABRICA TlON Palm Beach County U-20738 U-20464 Martin County CSE 5539 N T, Broward CC#06-SE-1318-R CC#07-CESM-14009-R Miami Dade 09EOOO363 Customer Job Address I Established 1994 Keystone Roofing Serv Attn Chris T. 561 447 8300 F. 561 4478302 Terms Rep File Number Due at lime of inslsllalion TJ Qty Description Cost Total 1 Channel letter sign PODIATRIST 14 inch LED letters on 2,695.00 2,695.00 raceway, red face, black trim, black return. Transformer and disconnect switch UL Approved installed....one year warranty....connected to existing 20 amp supply and time switch from the distribution panel....WE DO NOT RUN THE SUPPLY TO THE SIGN. 4 ESTIMATED.... sign permit and electrical sign permit fees 500.00 2,000.00 at city cost plus time. To survey sign, produce drawings, apply for permit, pick up permit $120, structural engineers fee (if applicable) $175 city permit fees $250 approx, attend CAB meeting (if applicable) $80. $500 is the ESTIMATED charge. $80 an hour for time. Extra fees may apply for technician to be on site for inspections. Subtotal $9,749.00 This estimate is valid for Sales Tax (6.5%) $0.00 Terms accepted by 30 days only. Any alteration or additions will Total $9,749.00 involve extra costs. All Name material will remain the property of signsations 50% due on acceptance of I Date until paid for in full. estimate Page 2 SIGN!;,ATIONC; WWW.SIGNSATIONS.COM Date Estimate sales@signsations.com 2/10/2010 10853 5425 N. Dixie Highway, STATE LICENSED ELECTRIC SIGN CONTRACTOR Boca Raton, FL 33487. ET11000800 * ELECTRICAL SIGNS * LED SIGNS * Tel: 561 989 1900 * NEON SIGNS * CHANNEL LETTERS * Fax: 561 989 1999 * MONUMENT * PYLON * MARQUE * * CUSTOM SIGN SHOP * ! INSTALLA TlON * SERVICE * FABRICA TlON Palm Beach County U-20738 U-20464 Martin County CSE 5539 Broward CC#06-SE-1318-R CC#07-CESM-14009-R Miami Dade 09EOOO363 Customer Job Address I Established 1994 Keystone Roofing Serv Attn Chris I T. 561 447 8300 F. 561 4478302 Terms Rep File Number Due at time of installation TJ Qty Description Cost Total 1 Channel letter sign SALON 14 inch LED letters on 1,510.00 1,510.00 raceway, red face, black trim, black return. Transformer and disconnect switch UL Approved installed....one year warranty....connected to existing 20 amp supply and time switch from the distribution panel....WE DO NOT RUN THE SUPPLY TO THE SIGN. 1 Channel letter sign DRY CLEANERS 14 inch LED letters 2,932.00 2,932.00 on raceway, red face, black trim, black return. Transformer and disconnect switch UL Approved installed....one year warranty....connected to existing 20 amp supply and time switch from the distribution paneL.WE DO NOT RUN THE SUPPLY TO THE SIGN. 1 Channel letter sign PAWN SHOP 14 inch LED letters on 2,246.00 2,246.00 raceway, red face, black trim, black return. Transformer and disconnect switch UL Approved installed....one year warranty....connected to existing 20 amp supply and time switch from the distribution panel....WE DO NOT RUN THE SUPPLY TO THE SIGN. I Subtotal I This estimate is valid for Sales Tax (6.5%) Terms accepted by 30 days only. Any alteration or additions will Total I involve extra costs. All I Name material will remain the I 50% due on acceptance of property of signsations estimate I Date until paid for in full. Page 1 I SIGN!:' A TIONC; WWW.SIGNSATIONS.COM Date Estimate sales@signsations.com 2/1012010 10853 5425 N. Dixie Highway, STATE LICENSED ELECTRIC SIGN CONTRACTOR Boca Raton, FL 33487. ET11000800 * ELECTRICAL SIGNS * LED SIGNS * Tel: 561 989 1900 * NEON SIGNS * CHANNEL LETTERS * Fax: 561 989 1999 * MONUMENT * PYLON * MARQUE * * CUSTOM SIGN SHOP * INSTALLA TlON '" SERVICE'" FABRICA TION Palm Beach County U-20738 U-20464 Martin County CSE 5539 Broward CC#Q6-SE-1318-R CC#07-CESM-14009-R Miami Dade 09EOOO363 Customer Job Address I Established 1994 Keystone Roofing Serv Attn Chris T. 561 4478300 F. 561 4478302 Terms Rep File Number Due at time of installation TJ Qty Description Cost Total 1 Channel letter sign PODIATRIST 14 inch LED letters on 2,695.00 2,695.00 raceway, red face, black trim, black return. Transformer and disconnect switch UL Approved installed....one year warranty....connected to existing 20 amp supply and time switch from the distribution panel....WE DO NOT RUN THE SUPPL Y TO THE SIGN. 4 ESTIMATED.... sign permit and electrical sign permit fees 500.00 2,000.00 at city cost plus time. To survey sign, produce drawings, apply for permit, pick up permit $120, structural engineers fee (if applicable) $175 city permit fees $250 approx, attend CAB meeting (if applicable) $80. $500 is the ESTIMATED charge. $80 an hour for time. Extra fees may apply for technician to be on site for inspections. Subtotal $11,383.00 This estimate is valid for Sales Tax (6.5%) $0.00 Terms accepted by 30 days only. Any alteration or additions will Total $11,383.00 involve extra costs. All Name material will remain the property of signsations 50% due on acceptance of I Date until paid for in full. estimate Page 2 Flamingo Plaza 407 S Federal Hwy, Boynton Bch, FL 33435 July 30, 2009 Building, Planning & Zoning Department Attn: Edgar Breese - Principal Planner 100 E Boynton Beach Blvd. Boynton Bch, FI 33435 Mr. Breese, This letter is to infonn you that a sign permit will be applied for Flamingo Plaza. Below are the specifications: . Font: Britanic Bold · Color: Red . Individual channel letters on raceway If you have any questions, you can contact my contractor: Keystone Construction & Restoration Company, Inc. Keystone Roofing Services, Inc. 4160 NW 1 st Avenue, Suite 12 Boca Rato~ FL 33431 keystoneboca@bellsouth.net Phone (561) 447-8300 Fax (561) 447-8302 Respectfully, o I ,.'\ 1 !#",,, ~ {I 1 '" ".t......J)J~~...~_....,=-=~..,"'~' ''''~ .,)-=- ~..AJ" '-'-...~ Behn Wilson Officer/Agent for Frank and Patricia Maloney (Owners) reo l~ lU Ul:~~p Uebora T. & Clint Oster 561-997-8667 p. 1 GENERAL LANDSCAPING CORP. LANDSCAPE ARCHITECT/CLINT OSTER 845 N.E. 71st Street Boca Raton,.Florida 33487.243~ (561) 994-3755. Fax: (561) 991-8667 NAME I ADDRESS PROPOSAL DATE ESTIMATE NO. Keyswne Building Construction 4160NW IslAve Suite fl12 Boca Raton, 1'L 33431 2/1512010 648 DUE DATE Project 211512010 namingo Plaza QTY DESCRIPTION COST TOTAL Chris, Thank you for contacting General Landscaping to address your landscaping needs. General Landscaping is fully licensed and insured and owned and operated by a Landscape Architect. My design concept for Flamingo Plaza is to incorporate many of the plant varieties used in the median. so as to re-enforoe a comprehensive plan. I have also noted some additional work on the south and \vest sides of the building which you mayor may not want to proceed with. Of course, you have line item veto rights over any suggestions in this proposal. 1 Remove existing Ixora hedge on Federal highway and dump off site 95.00 95.00 40 Jasmine Simpson #3, planted in place existing Ixora hedge. 9.00 360 .00 3 Red Crinurn 30" used to break IIp Jasmine bed and tie in with planting across the street. 67.50 202.50 2 Podocarpus #7, 5' Ht taU and thin to bide meta! poles of sign. 62.50 125.00 1 Irrigation head added under sign for new plantings 37.50 37.50 J Simpson Stopper 6' Ht multi-trunk (alternative: Roebelenii) just west of sign to help 145.00 145.00 frame sign 30 Blue Vase Juniper #3 under sign in place if existing Trinette and hodge podge of other 11.50 345.00 plants .leaving the existing Cheny hedge. This is the same plants used in the median and will look well planned out 40 Bags of red mulch 4.00 160.00 Optional work that should be done: 1 Trim weed trees and existing Ficus hedge in back off to the edge of asphalt 300.00 300.00 4 CY of debris covering the edge of asphalt removed and put in dumpster or dumped in 23.50 94.00 fieldJforest to west 21 Existing Ficus hedge on southeast of property in near death condition to be removed and 4.7619 100.00 dumped off site (save S50.00 if we can use your dumpster) 45 Cocopl.um 18" hedge min Ht to start where dilapidated fence is running west to where the 10.00 450.00 existing larger 6' plus Ficus begin (Inigation must be working) 60 LF old beat up chain link fence removed and put in dumpster 1.25 75.00 1 Irrigation system serviced (by others) 0.00 0.00 .~1 (j.V' ~ ~~' , \f\. u!;-"-'. ~v : I ',.,' I TOTAL S2.....00 I Plinled Oh 100% recyc:llK/ paper reu lU C::U1U "t; u"'tr"n rress tree ~ Lanascape LO ~bl~l /U~U; P. r.' Press Tree & Landscape Company 1573 SW 6th Ave. Boca Raton, FL 33486 P: 561-441-9421 F: 561-417-0587 2/1012010 invoice , 330 E-mail I I j&pI'Css@beUsoudl.net Sil To Kc,stonc Co~ 4160NW 1st Avcf12 Boca Raton, FL 3J431 Job I Location Quantity Oesaiption Price Amount 1 trim (~1lCC) large fioIlt black olive 1tee 300.00 300.00 I PeymcIlt due upon cocnplctioa unless otbc:rwisc stated. A S% fillanc:c dJIr&e wil be added per month UDtil balaDcc is paid. I Total II $300.00 I : The ab01'C prices. spec:lfiadioas Ed conclitiODS IIIe Slltisfacfory md ~ hcrcIJy lIlXlCp1ed. You III'C authorized 'IX) do the wodc u specified. Paymcnb wiD be made IS outlined abo'VC. ~l tree wodc: is done tbllowiDg p1ddlus set for1h by TCIA (Nllion.aJ Arborist Associllioa) 8IId ISA (International Socict.)' of Arborists) I-or- Sipature Date of Acceptance Feb 10 2010 4:04PM Press Tree t Landscape Co 5614170587 p. 1 Press Tree & Landscape Company 1573 SW 6th Ave. . Boca Raton, fL 33486 P: 561-441-9421 F' 561-417-0587 2/1012010 Invoice . 331 I . E-meil 1 I jspress@bcU$lO\1tb.nct BlI To KC)'StC1Ul Coutructioo 4160 NW 1st Avei12 Boca Ratoa, FL 33431 Job I LocatIon I I Quantlly DeICliption Price Amount rip out existing ixoJ8 lSO.OO 1 SO.OO dcU'VCI"uuI iasta1l 60 bags ofred mu.IdI S .00 300.00 2 triple SIOCk 6 :It. adinidia palms 275.00 5SO.00 14 3 &aUoo -pwplo shower 12.00 168.00 4 7 pilon crinwn lily SO.OO 200.00 24 3 pllon green island ftellS 12.00 288.00 28 3 pDoo trincttcs 12.00 336.00 10 3 gallon gold mound duranta 12.00 120.00 I Pa)'mcnt clue upoD COD1pIction uuless otherwise DIed. A S% fimmce cbarp wBl be lidded per montb witH balance Is paid. ~I The above prices, spcoitic8tiOJlS 8DcI coadidoas lII'D satisfiIctoJy Ind IIR hCRby accepted. You arc euthorizrClc1 to do dIC work as spcci&d. Payments will be maOllS outlined above. , 11'01: work is done foUowins piclc1iDc:a set forth by I TCIA (Nadoaal Arborlst AJsociIllion) and ISA ~CCl of Proposal (ID~ Society of Arborists) . Slpature Date of Acceptance I $2,lJ2.oo I I I SUBMITTED TO,r/ >, r (} ffI ItVJ {) fttf (2~ iA 40', Jc.Ji ~..j~j f1 fv~ ~Ul,(~ ADDRESS fZ~('V-"' IV:!",. 'Jrm"J P /",J- , ~ i \'w <> fl.re/!'t ~ ,.) " / (,1 C"Gl-'A fir pf<if'hl~ La f NO, " j. '1 ' LANDSCAPE TECHNIQUES 1115 Royal Palm Drive Delray Beach, Florida 33444 PROPOSAL Phone (561) 276-2552 Fax (56] ) 276-2559 PHONE ('3/-/3) 0 DATE l~ /"1 0 JOB NAME JOB LOCATION JOB PHONE WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR b~,~1 ~ o7,d~~ jJlaJ./. 6 rIJ--J -5 ,('o " 7'r I ,v I/-t /tf). , 'Y'C,.. 6.flil' . IV (,,~ ,'r"" Adri (3~(,.{ "'70 ..J;Nt~hvll U iu.~ Ri!W 'IF Ii I ().: "I.,.;.'l\. ~ AN' IJ Y' ON . F'f() \ . A/c:,,! iN);> "'~lJlir ,J;?J f IV<'-l () f tlt 6 u.~\ /~ D 'fr.. ,,,;t!( ". /.'?1 () " /J\..JcA - life A l5() 'o' i WE PROPOSE HEREBY TO FURNISH MATERIAL AND LABOR - COMPLETE IN ACCORDANCE WITH ABOVE SPECIFICATIONS, FOR IHE SUM OF, {,. . __~__ .... DOLLARS ($ .. J ~""""6 c) .' PAYMENT TO BE MADE AS FOLLOWS ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED. ALL WORK TO BE COMPLETED IN A WORKMAN LIKE MANNER ACCORDING TO STANDARD PRACTICES. ANY ALTERATION OR DEVIATION FROM ABOVE SPECIFICATIONS INVOLVING EXTRA COSTS WILL BE EXECUTED ONLY UPON WRITTEN ORDERS, AND WILL BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE. ALL AGREEMENTS CONTINGENT UPON STRIKES, ACCIDENTS OR DELAYS BEYOND OUR CONTROL. OWNER TO CARRY FIRE, TORNADO AND OTHER NECESSARY INSURANCE. OUR WORKERS ARE FULLY COVERED BY WORKMEN'S COMPENSATION INSURANCE. AUTHORIZED SIGNATURE 74L. NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN DAYS ACCEPTANCE OF PROPOSAL - THE ABOVE PRICES. SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. DATE OF ACCEPTANCE SIGNATURE SIGNATURE_~______~.._.__. __.._____ ) -; ') - "4.~" - ~ . ......... . . "f~ ,....... r' , ~ ...;~. '~"'1; I. . t_"", BALI I)lJsf~N GROUP'~- '3~'N\If'~p!f9rf~l'tE408 . ~ BOCARATONiir:..33431' P'Jt"S61 3~"5464 ~r= ',- ---.- VI. CONSENT AGENDA: H. Jesus House of Worship Property Lease Renewal ~~~~Y~Te~ eRA Iii East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: March 15,2010 I X I Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Approval of Lease Renewal with Jesus House of Worship, 1000 N. Seacrest Boulevard SUMMARY: In March 2007, the CRA negotiated a settlement to purchase the property located at 1000 N. Seacrest Boulevard from the Jesus House of Worship, Inc. At the time of mediation, the building was utilized as a church. The settlement agreement authorized Jesus House of Worship to remain in the building as tenant with a one year lease at a rate of $10 annually and with any future lease renewals at the sole discretion of the CRA Board. At their April 8, 2008, and again at the April 14, 2009 meeting, the CRA Board approved an additional year's lease renewal for Jesus House of Worship at the existing rate of$10.00. CRA staff reviewed various redevelopment scenarios and does not recommend terminating the lease or a rental increase which would increase the property tax liability to the CRA similar to the significant increase assessed at the old Relax Inn site with Boynton Waterways for their construction trailers. The lease agreement requires the tenant to be responsible for any and all maintenance/repairs as well as their continued occupancy of the building provides the community with eyes and ears for neighborhood crime watch initiatives. FISCAL IMPACT: None. CRA PLAN, PROGRAM or PROJECT: Heart of Boynton Redevelopment Plan RECOMMENDATIONS: Approval of the Lease Renewal with Jesus House of Worship for the property located at 1000 N. Seacrest Boulevard. ~dJJW<n':- Mic ael Simon Development Director T;\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2009 - 2010 Board MeelingsI03-15-10ILease renewal for Jesus House of Worship. doc COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this _ day of April, 2010, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY whose address is 915 South Federal Highway, Boynton Beach, Florida 33435, (hereinafter referred to as "Landlord"), and JESUS HOUSE OF WORSHIP, INC., whose address is 1000 N. Seacrest Boulevard, Boynton Beach, FL 33435 referred to as (Tenant"). ARTICLE I - GRANT OF LEASE Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord the property described in Exhibit "A" attached hereto and by reference made a part hereof (the "Leased Premises It), together with, as part of the parcel, all improvements located thereon. ARTICLE II - LEASE TERM Section 1. Total Term of Lease. The term of this Lease shall begin on the commencement date, set forth above, and shall terminate on March 31,2011. Upon the expiration of the Lease Term as provided herein, the occupancy shall be deemed as a Tenancy at Will, from month to month, upon the covenants, provisions and conditions set forth herein until otherwise agreed to in writing by both parties. Section 2. Commencement Date. The "Commencement Date" shall mean the date on which the Tenant shall commence to conduct business on the Leased Premised, so long as such date is not in excess of thirty (30) days subsequent to execution hereof. ARTICLE III - DETERMINATION OF RENT The Tenant agrees to pay the Landlord and the Landlord agrees to accept monthly rent in the amount ofTen Dollars ($10.00) per year, payable in advance upon execution of this Agreement. ARTICLE IV - TAXES While it is recognized Tenant is a tax exempt entity, any and all personal or property taxes, and any and all assessments (be they ordinary or extraordinary) shall be the responsibility of Tenant during the term of the Lease. ARTICLE V - UTILITIES Tenant shall pay for all utilities, including, without limitation, water, sanitation, sewer, electricity, light, heat, gas, power, fuel, janitorial, and other services incident to Tenant's use of the Leased Premises, whether or not the cost thereof be a charge or imposition against the Leased Premises. Page 2 of7 COMMERCIAL LEASE AGREEMENT ARTICLE VI - OBLIGATIONS FOR REPAIRS The Tenant shall be solely responsible for the repair and maintenance of the Leased Premises. ARTICLE VII - TENANT'S COVENANTS Tenant covenants and agrees to procure any licenses and permits required for any use made of the Leased Premises by Tenant, and upon the expiration or termination of this Lease, to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to Landlord the Leased Premises in good order, repair and condition in all respects; excepting only damage by fire and casualty covered by Tenant's insurance coverage, and reasonable wear and tear. ARTICLE VIII - INDEMNITY BY TENANT The Tenant shall save and hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage to any person or property while on the Leased Premises, unless caused by the willful acts or omissions or gross negligence of Landlord, its employee, agents, licensees or contractors. Tenant shall maintain, with respect to the Leased Premises, public liability insurance with limits of not less than one million dollars for injury or death from one accident and $250,000.00 property damage insurance, insuring Landlord and Tenant against injury to persons or damage to property on or about the Leased Premises. A copy of the policy or a certificate of insurance shall be delivered to Landlord on or before the commencement date and no such policy shall be cancelable without ten (10) days prior written notice to Landlord. ARTICLE IX- USE OF PROPERTY BY TENANT Section 1. Use. The Leased Premises may be occupied and used by Tenant exclusively as a church, to be known as Jesus' House of Worship. Nothing herein shall give Tenant the right to use the property for any other purpose or to sublease, assign, or license the use of the property to any sublessee, assignee, or licensee, which or who shall use the property for any other use. ARTICLE X - INSURANCE Section 1. Insurance Proceeds. In the event of any damage to or destruction of the Leased Premises, Tenant shall adjust the loss and settle all claims with the insurance companies issuing such policies. The parties hereto do irrevocably assign the proceeds from such insurance policies for the purposes hereinafter stated to any institutional first mortgagee or to Landlord and Tenant jointly, if no institutional first mortgagee then holds an interest in the Leased Premises. All proceeds of said insurance shall be paid into a trust fund under the control of any institutional first mortgagee, or of Landlord and Tenant if no institutional first mortgagee then holds an interest in the Leased Premises, for repair, restoration, rebuilding or replacement, or any combination thereof, of the Leased Premises or of the improvements in the Leased Premises or equitably allocate the proceeds as the Parties may otherwise agree to in writing. Page 3 of7 COMMERCIAL LEASE AGREEMENT ARTICLE XI - CONDEMNATION If, after the execution of this Lease and prior to the expiration of the term hereof, the whole of the Leased Premises shall be taken under power of eminent domain by any public or private authority, or conveyed by Landlord to said authority in lieu of such taking, then this Lease and the term hereof shall cease and terminate as of the date when possession of the Leased Premises shall be taken by the taking authority and any unearned rent or other charges, if any, paid in advance, shall be refunded to Tenant. ARTICLE XII - DEFAULT Section 1. LANDLORD'S Remedies. In the event that: 1. Tenant shall be in default of any provision of this Lease; or 11. Tenant has caused a lien to be filed against the Landlord's property and said lien is not removed within thirty (30) days of recordation thereof. Landlord shall be entitled to: 1. Terminate this Lease by giving Tenant ninety (90) day notice of termination, in which event this Lease shall expire and terminate on the date specified in such notice of termination, with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the term of this Lease, and all rights of Tenant under this Lease and in and to the Premises shall expire and terminate, and Tenant shall remain liable for all obligations under this Lease arising up to the date of such termination, and Tenant shall surrender the Premises to Landlord on the date specified in such notice; or 11. Terminate this Lease as provided herein and recover from Tenant all damages Landlord may incur by reason of Tenant 's default; or 111. Pursue such other remedies as are available at law or equity. ARTICLE XIII - QUIET ENJOYMENT Landlord covenants and agrees that upon Tenant paying the rent and observing and performing all of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder, that Tenant may peaceably and quietly have, hold, occupy and enjoy the Leased Premises in accordance with the terms of this Lease without hindrance or molestation from Landlord or any persons lawfully claiming through Landlord. ARTICLE XIV - PROPERTY DAMAGE Notwithstanding any contrary provisions of this Lease, Landlord shall not be responsible for any loss of or damage to property of Tenant or of others located on the Leased Premises, except where Page 4 of7 COMMERCIAL LEASE AGREEMENT caused by the willful act or omission or negligence of Landlord, or Landlord's agents, employees or contractors. ARTICLE XV - NOTICES All notices and other communications authorized or required hereunder shall be in writing and shall be given by mailing the same by certified mail, return receipt requested, postage prepaid, any such notice or other communication shall be deemed to have been given when received by the party to whom such notice or other communication shall be addressed. If intended for Landlord the same will be mailed to the address herein above set forth or such other address as Landlord may hereafter designate by notice to Tenant, and if intended for Tenant, the same shall be mailed to Tenant at the address herein above set forth, or such other address or addresses as Tenant may hereafter designate by notice to Landlord. ARTICLE XVI - MISCELLANEOUS Section 1. Assignment and Subletting. Tenant shall not assign or sublet the Leased Premises without the prior written consent of Landlord, which may be withheld in Landlord's sole and absolute discretion. Section 2. Fixtures. All personal property, furnishings and equipment presently and all other trade fixtures installed in or hereafter by or at the expense of Tenant and all additions and/or improvements, exclusive of structural , mechanical, electrical, and plumbing, affixed to the Leased Premises and used in the operation of the Tenant's business made to, in or on the Leased Premises by and at the expense of Tenant and susceptible of being removed from the Leased Premises without damage, unless such damage be repaired by Tenant, shall remain the property of Ten ant and Tenant may, but shall not be obligated to, remove the same or any part thereof at any time or times during the term hereof, provided that Tenant, at its sole cost and expense, shall make any repairs occasioned by such removal. Section 3. Invalidity of Particular Provision. If any term or provision of this Lease or the application hereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 4. Captions and Definitions of Parties. The captions of the Sections of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. The word "Landlord" and the pronouns referring thereto, shall mean, where the context so admits or requires, the persons, firm or corporation named herein as Landlord or the mortgagee in possession at any time, of the land and building comprising the Leased Page 5 of7 COMMERCIAL LEASE AGREEMENT premises. If there is more than one Landlord, the covenants of Landlord shall be the joint and several obligations of each of them, and if Landlord is a partnership, the covenants of Landlord shall be the joint and several obligations of each of the partners and the obligations of the firm. Any pronoun shall be read in the singular or plural and in such gender as the context may require. Except as in this Lease otherwise provided, the terms and provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or of partnership or of a joint venture between the parties hereto, it being understood and agreed that neither any provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Section 5. Brokerage. No party has acted as, by or through a broker in the effectuation of this Agreement. Section 6. Entire Agreement. This instrument contains the entire and only agreement between the parties, and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect. This Lease shall not be modified in any way except by a writing executed by both parties. Section 7. Governing Law. All matters pertaining to this agreement (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Florida. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Palm Beach County, State of Florida. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. Section 8. Contractual Procedures. Unless specifically disallowed by law, should litigation arise hereunder, service of process therefore may be obtained through certified mail, return receipt requested; the parties hereto waiving any and all rights they may have to object to the method by which service was perfected. Section 9 Extraordinary Remedies. To the extent cognizable at law, the parties hereto, in the event of breach and in addition to any and all other remedies available thereto , may obtain injunctive relief, regardless of whether the injured party can demonstrate that no adequate remedy exists at law. Page 6 of7 COMMERCIAL LEASE AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized. Signed, sealed and delivered in the presence of: BOYNTON BEACH COMMUNITY REDEVELPOMENTAGENCY ("LANDLORD") JESUS HOUSE OF WORSHIP ("TENANT") By: By: Its: Its: WITNESSES: WITNESSES: Please Print Name Please Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument wacknowledged before me on this day of by of the BOYNTON BEACH COMMUNITY REDEVELPOMENT AGENCY who is [ ] personally known to me or [ ] has produced as identification. Signature of Person Taking Acknowledgement Name Typed, Printed or Stamped Page70f7 COMMERCIAL LEASE AGREEMENT STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument w acknowledged before me on this day of by of the JESUS HOUSE OF WORSHIP who is [ ] personally known to me or [ ] has produced as identification. Signature of Person Taking Acknowledgement Name Typed, Printed or Stamped Commercial Lease Agreement Exhibit" A" Leased Premise as Legally Described: PALM BEACH CONTRY CLUB ESTATES LOT 1 (LESS W 25FT & 20FT RETURN CURVE AREA RD R/W) & LOT 2 BLOCK 4, as recorded in the official records of Palm Beach County, Plat Book 11305, Page 0755. Print Page 08434521100040010 produced by: papagis http://maps.co.palm-beach.fl. us/papagis/printing/papaLayout.aspx roperty Details Owner Information PCN: 08434521100040010 View Property Details Name: BOYNTON BEACH CRA Location: 1000 N SEACREST BLVD Mailing: 915 S FEDERAL HWY BOYNTON BEACH, FL 33435 5612 Appraisal Value Market Value: Assessed Value: Exempt Amnt: Taxable: Tax Value Ad Valorem: Non ad valorem: Total: Sales Info Sale Date 03/1512007 07/27/1999 08/01/1982 Page 1 of 1 ') J. W_E S Palm Beach County e Property Appraiser Gary R Nikolits, CF A' . ~) 3/5/2010 VI. CONSENT AGENDA: I. Splashdown Divers, Inc. Commercial Lease Renewal ~~~<tY~T8~ eRA iIIIi East SideN West SideNSeaside Renaissance eRA BOARD MEETING OF: March 15, 2010 I X I Consent Agenda I Old Business New Business Public Hearing I Other SUBJECT: Approval of Splashdown Divers, Inc. Commercial Lease Agreement Renewal SUMMARY: At the regular meeting held on March 10, 2009, the CRA Board approved a lease agreement with Splashdown Divers, Inc. for the CRA owned retail space located at 700 Casa Loma Boulevard. The current lease is set to expire on March 31, 2010. The retail space is approximately 1,250sqft in size and occupies the majority of leasable space on the first floor of the building. The current lease rate is $1,250.00 per month and a total of $1,331.25 including sales tax. To date, the CRA has made no capital improvements or interior upgrades to the existing building. At the September 9, 2009, meeting, the CRA Board approved a commercial lease rate for the Sims Barber Shop and Ruby's Beauty Center of $1.05 per square foot of leased space. The proposed FY 2010-2011 lease (attached) for the Splashdown Dive Shop has been adjusted to reflect the Board approved square foot rate of $1.05. Based on this lease rate, the monthly rent would be $1,312.50 per month, or $1,397.81 including the required sales tax. The commercial lease agreement is for an additional one year term ending March 31, 2011. All other lease terms and obligations remain the same. FISCAL IMPACT: FY 2010-2011 Budget Annual Revenue of$15,750.00 RECOMMENDATIONS: Approval of the Splashdown Divers, Inc. Commercial Lease Agreement Renewal at the monthly rate of $1,312.50, plus applicable sales tax, for an additional one year term expiring on March 31, 2011. ~u4/cf)~~ Michael Simon Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2009 - 2010 Board Meetings\03-15-10\Splashdown Dive Shop Lease Renewal.doc COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this _ day of ,2010, by and between the Boynton Beach Community Redevelopment Agency of 915 S. Federal Highway, Boynton Beach, Florida 33435(hereinafter referred to as "Lessor"), and SPLASHDOWN DIVERS, INC., a Florida Corporation (hereinafter referred to as "Lessee"), whose address for the purposes hereof is 700 Casa Loma Blvd., Boynton Beach, Florida 33435,. 1. LEASED PREMISES. Subject to and upon the terms, provisions, covenants and conditions hereinafter set forth, and each in consideration of the duties, covenants and obligations of the other hereunder, Lessor does hereby lease, demise and let to the Lessee and Lessee does hereby lease, demise and let from the Lessor a portion of those certain premises at the building located at 700 Casa Loma Boulevard, First Floor (with the exception of the Seamist Ticket Office), Boynton Beach, Florida 33435 (the "Premises" or "Leased Premises" as further described on Exhibit "A" attached hereto), consisting of approximately 1,250 square feet. 2. LEASE TERM. The term of this Lease shall be acknowledged and Lessee's obligations under this Lease, unless otherwise expressly set forth herein, shall commence on April 1, 2010 ("Commencement Date"). Lessee's obligation to pay rent (as defined below) shall commence on the Commencement Date. The term of this Lease shall expire on March 31, 2011 (the "Lease Term") unless otherwise agreed to in writing by both parties. Upon the expiration of the Lease Term as provided herein, the occupancy shall be deemed as a Tenancy at Will, from month to month, upon the covenants, provisions and conditions set forth herein until otherwise agreed to in writing by both parties. 3. RENT. During the term of this Lease, the Lessee agrees and covenants to pay to Lessor a rental rate of One Thousand Three Hundred Twelve and 50/100 Dollars ($1.312.50) plus the required Sales Tax of in the amount of Eighty Five and 31/100 Dollars ($85.31) for a TOTAL MONTHL Y RENT due in the amount of One Thousand Three Hundred Ninety Seven and 81/100 Dollars ($1.397.81) per month, on or before the 1 st of each month with a five-day grade period. Checks should be made out to the "Boynton Beach Community Redevelopment Agency." A late fee of Fifty and 00/1 00 Dollars ($50.00) shall be applied to any rent payments which are more than five (5) days late. Lessor reserves the right to increase the rent payment at the end of the Lease Term. Lessor shall be responsible for the provision and payment of utilities, which includes electricity, water and garbage pickup. No rental payments shall be due or owing for any period during which Lessee is out of the Leased Premises due to construction or renovations being done by Lessor at Lessor's request. 4. SECURITY. It is hereby acknowledged that Lessee has deposited with Lessor the sum of Two-Thousand Five Hundred Dollars ($2,500.00) as a refundable security deposit for the performance by Lessee of the terms of this Lease. 5. COMMON AREAS. The "Common Areas" are defined as the parking areas, entrances, and all other areas except for the actual Leased Premises and the real property upon which it is located (as shown on Exhibit A) devoted to the common use of all tenants. Public parking for use by Lessee and Lessee's customers is provided in the adjacent Marina Village garage. Lessee may not place any furniture, equipment or any other items in the Common Areas. 6. OBLIGATIONS FOR REPAIRS. Lessor shall have the obligation to make repairs to any portion of the exterior of the Leased Premises including the air conditioning heating and cooling system and interior electrical system. Lessee shall be obligated to make repairs to any portion of the interior of the Leased Premises excluding the air conditioning heating and cooling system or electrical system. 7. IMPROVEMENTS/ALTERATIONS. No structures, improvements or alterations of any kind shall be placed upon or made to the property without first obtaining the prior written approval of the Lessor. Lessee, at Lessee's expense, may only make those certain interior leasehold improvements to the Leased Premises in accordance with and pursuant to plans and specifications approved in writing in advance by Lessor. Any interior improvements made to the Leased Premises without Lessor's written approval shall constitute a default of this Lease. 8. SIGNS. No sign or visual advertisement shall be placed on the exterior of the Premises (unless already installed on the Premises upon the start of the lease Term) without frrst obtaining the express prior written consent of Lessor, however, Lessee shall be entitled to have signage on the door of the Premises consistent with door signage utilized by other Lessees and as approved by Lessor; such signage to be at Lessee's expense. 9. CASUALTY. In the event the Leased Premises shall be destroyed, damaged or injured by fire or other casualty during the life of this Lease, then the Lessor shall, at Lessor's option have the right to render the Leased Premises unLesseeable ninety (90) days there from. If the Leased Premises are not rendered Lesseeable within swd time, or if Lessor shall decide not to restore the Premises, Lessor shall cancel this Lease, and in the event of such cancellation, the Rent shall be paid only to the date of such fire or casualty. All costs of casualty repair; herein mentioned shall be paid by Lessor at its own expense unless Lessee caused such destruction, damage or frre and in that case Lessee shall be fully responsible for all costs associated therewith. If the Leased Premises are rendered unLesseeable, and such unLesseeability continues for ninety (90) days, Lessee, at Lessee's option may terminate the Lease as of the date of the casualty occurrence only if the Leased Premises cannot be used for Lessee's intended use. The cancellation herein mentioned shall be evidenced in writing. Base Annual Rent and Additional Rent (collectively "Rent") shall not be due and owing for the period of unLesseeability, however if the Leased Premises are not unLesseeable, Rent shall continue to be due and payable. 10. LESSEE'S COVENANTS. Lessee covenants and agrees as follows: a. To procure any licenses and permits required for any use made of the Leased Premises by Lessee, and upon the expiration or termination of this Lease, to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to Lessor the Leased Premises in good order, repair and condition in all respects; excepting only structural repairs (unless Lessee is obligated to make such repairs hereunder) and reasonable wear and tear; b. To permit Lessor and its agents to examine the Leased Premises at reasonable times and to provide Lessor, if not already available, with a set of keys for the purpose of said examination, provided that Lessor shall not thereby unreasonably interfere with the conduct of Lessee's business; c. To maintain the Leased premises in safe condition and repair and at it's sole cost and expense, correct or remove any matter that would violate applicable law or constitute a dangerous or objectionable condition. 11. INDEMNIFICATION BY LESSEE. In consideration of said Premises being leased to Lessee, Lessee agrees: that Lessee, at all times will indemnify and keep harmless Lessor from all damages, liabilities and expenses, which may arise or-be claimed against Lessor and be in favor of any persons, firms or corporations, for any injuries or damages to the person or property of any person, firms or corporations, consequent upon or arising from the use or occupancy of said Premises by Lessee, or consequent upon or arising from any acts, omissions, neglect or fault of Lessee, its agents, servants, employees, licensees, visitors, customers, patrons or invitees, or consequent upon or arising from Lessee's failure to comply with any laws, statutes, ordinances, codes or regulations as herein provided; that Lessor shall not be liable to Lessee for any damages, losses or injuries to the person or property of Lessee which may be caused by the acts, neglect, omissions or fault of any persons, firms or corporations, except when such injury, loss or damages results from gross negligence of Lessor, its agents or employees, and the Lessee will indemnify and keep harmless Lessor from all damages, liabilities, losses, injuries or expenses which may arise or be claimed against Lessor and be in favor of any persons, firms or corporations, for any injuries or damages to the person or property of any person, firms or corporations, here said injuries or damages arose about or upon said Premises, as a result of the negligence of Lessee, its agents, employees, servants, licensees, visitors, customers, patrons and invitees. All personal property placed or moved into the Leased Premises shall be at the risk of Lessee or the owners thereof, and Lessor shall not be liable to Lessee for any damages to said personal property. 12. INSURANCE. Lessee shall maintain, with respect to the Leased Premises, comprehensive general liability insurance with limits of not less than One Million Dollars ($1,000,000.00) for injury or death from one accident. A copy of the policy or a certificate of insurance shall be delivered to Lessor on or before the commencement date and no such policy shall be cancelable without ten (10) days prior written notice to Lessor. During any such time Lessee is required to be out of the Leased Premises at the request of Lessor, Lessor shall be responsible for payment of comprehensive general liability insurance as set forth within this paragraph in the form of reimbursement to Lessee or credit towards Rent. 13. USE OF PROPERTY BY LESSEE. The Leased Premises may be occupied and used by Lessee exclusively as a retail dive shop and those uses incidental thereto. Nothing herein shall give Lessee the right to use the property for any other purpose or to sublease, assign, or license the use of the property to any subLessee, assignee, or licensee, which or who shall use the property for any other use. 14. CONDEMNATION. If, after the execution of this Lease and prior to the expiration of the term hereof, any portion of the Leased Premises shall be taken under power of eminent domain by any public or private authority, or conveyed by Lessor to said authority in lieu of such taking, then this Lease and the term hereof shall cease and terminate as of the date when possession of the Leased Premises shall be taken by the taking authority and any unearned rent or other charges, if any, paid in advance, shall be refunded to Lessee. 15. EVENTS OF DEFAULT. The occurrence of any of the following shall, in addition to any other events of default provided herein, constitute an event of default hereunder and the parties shall have all remedies available at law or equity and as set forth herein: 15.1 The filing of a petition by or against Lessee for relief under the Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee of Lessee or Lessee's property; or an assignment by Lessee for the benefit of creditors; or the taking possession of the property of Lessee by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of Lessee; or if a temporary or permanent receiver or trustee shall be appointed for Lessee or for Lessee's property and such temporary or permanent receiver or Trustee shall not be discharged within ninety (90) days from the date of appointment; or any other execution, levy, attachment or other process of law upon Lessee's interest in the leasehold estate or any part thereof; or if any judgment entered against Lessee has not been satisfied or bonded within ninety (90) days of the date of the judgment. 15.2 Failure of Lessee to pay when due without notice any installment of rent hereunder, or any other sum herein required to be paid by Lessee. Notwithstanding the foregoing, Lessee shall have fifteen (15) days to cure after receiving written notice of such default. 15.3 Failure of Lessee to perform or observe any other agreement or condition on Lessee's part to be performed or observed as stated herein and Lessee fails to cure such default within twenty (20) days after the mailing of notice via certified mail of said default by Lessor. 16. LANDLORD'S REMEDIES. Upon the occurrence of any event or events of default or other breach of this Lease by Lessee, Lessor shall have the right, at its election, to cancel and terminate this Lease and dispossess Lessee, but only after giving the Lessee twenty (20) days written notice to cure any default. Landlord shall have all available remedies at law or in equity in the event of default. 17. HAZARDOUS MATERIALS. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials on the property is prohibited. Lessee shall be held responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the Lessor, within the property. If any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the property, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the Lessor from any claim, loss, damage, costs, charge, or expense arising out of any such contamination. 18. ASSIGNMENT. MORTGAGING. SUBLETTING. ATTORNMENT. Lessee shall not directly or indirectly assign, create a security interest in, pledge, mortgage, or encumber any legal or equitable interest in the Lease, in whole or in part, or sublet the whole or any part of the Premises, or permit the use of the whole or any part hereof by a license or concessionaire or any person without fIrst obtaining the express prior written approval of Lessor. 19. NOTICE. Any notice required or permitted to be given under this Lease must be in writing and may be served and shall be deemed to have been served (i) by depositing same in the United States mail, addressed to .the party to be notified, postage prepaid and registered or certified with return, receipt requested; (ii) by delivering the same in person to the party and obtaining a receipt therefore; or (iii) by depositing the same into the custody of a nationally recognized overnight delivery service, addressed to the pasty to be notified. For purposes of notice, the addresses of the parties shall be as follows: If to Lessor to: Boynton Beach Community Redevelopment Agency 915 S . Federal Highway Boynton Beach, Florida 33435 Attn: Lisa Bright, Executive Director With a copy to: James Cherof, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard, Suite 200 Ft. Lauderdale, Florida 33308 If to Lessee to: Splashdown Divers, Inc. 700 Casa Loma Blvd. Boynton Beach, Florida 33435 Attn: Lynn Simmons 20. MISCELLANEOUS. Section 1. Quiet Enioyment. Lessor covenants and agrees that upon Lessee observing and performing all of the terms, covenants and conditions on Lessee's part to be observed and performed hereunder, that Lessee may peaceably and quietly have, hold, occupy and enjoy the Leased Premises in accordance with the terms of this Lease without hindrance or molestation from Lessor or any persons lawfully claiming through Lessor. Section 2. Holding Over. In the event that Lessee or anyone claiming under Lessee shall continue occupancy of the Leased Premises after the expiration of the term of this Lease or any renewal or extension thereof without any agreement in writing between Lessor and Lessee with respect thereto, such occupancy shall not be deemed to extend or renew the term of the Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the covenants, provisions and conditions herein contained. The rental shall be the rental in effect during the term of this Lease as extended or renewed, prorated and payable for the period of such occupancy. Section 3 . Waivers. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other prOVISIon. Section 4. Notices. All notices and other communications authorized or required hereunder shall be in writing and shall be given by mailing the same by certified mail, return receipt requested, postage prepaid, and any such notice or other communication shall be deemed to have been given when received by the party to whom such notice or other communication shall be addressed. Section 5. Assignment. Lessee shall not assign this Lease without first obtaining the written consent ofthe Lessor. Section 6. Invalidity of Particular Provision. If any term or provision of this Lease or the application hereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 7. Captions and Definitions of Parties. The captions of the Sections of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. The word "Lessor" and the pronouns referring thereto, shall mean, where the context so admits or requires, the persons, firm or corporation mimed herein as Lessor or the mortgagee in possession at any time, of the land and building comprising the Leased Premises. Any pronoun shall be read in the singular or plural and in such gender as the context may require. Except as in this Lease otherwise provided, the terms and provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or of partnership or of a joint venture between the parties hereto, it being understood and agreed that neither any provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Lessor and Lessee. Section 8. Brokerage. No party has acted as, by or through a broker in the effectuation of this Agreement. Section 9. Entire Agreement. This instrument contains the entire and only agreement between the parties, and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect. This Lease shall not be modified in any way except by a writing executed by both parties. Section 10. Waste and Non-Interference. Lessee shall occupy the leased premises in a careful and proper manner and not commit any waste thereon. Lessee shall not interfere with the business operations of any co-Lessee of this premises. Section 11. Governing Law. All matters pertaining to this Lease (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Florida. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Palm Beach County, State of Florida. In the event that litigation results from or arises out of this Lease or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause( s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized. Signed, sealed and delivered in the presence of: WITNESS: LESSOR: Boynton Beach Community Redevelopment Agency Signature By: Title: Print Name Date Executed: WITNESS: LESSEE: Signature Lynn Simmons Splashdown Divers, Inc. Print Name Date Executed: E)(h;L,it \'-A" r- I I I I I I I I f I I I I I I I I I I I . I I I I I I I I I I I I I I I I I I I I I I L..__ 16'-5' - I SEAMIST I OFFICI! I I 12'- SEAMIST I , SQ.FT 202. I br' I I I I I I I I I ~=======IC:==== --- I --- I I I I DIVE SHOP I SQ.FT 1251 I I I <47'-8' I AHU I I 1= c::: I I ;...--.J ~~ I I BllEAIC I ROOM f I COMl'WSOR I ROOM I BATH I ROOM r? I I , T - I '-- I ------ - --- ....-J 26'-3' ~. Print Page roperty Details Page I of 1 Owner Information PCN: 08434527030000071 /) View Prooertv Details Name: BOYNTON BEACH CRA Location: 700 CASA LOMA Mailing: 915 S FEDERAL HWY BOYNTON BEACH, FL 334355612 Appraisal Value Market Value: $1,761,55 Assessed Value: $1,534,98 Exempt Amn!: $1,534,98 Taxable: $ 08434527030000071 produced by: papagis http://maps.co.palm-beach.fl. us/papagis/printing/papaLayout.aspx Tax Value Ad Valorem: Non ad valorem: Total: Sales Info Sale Date 03/15/2006 06/08/2000 09/01/1990 12/01/1988 01/01/1979 $.0 $439.1 $439.1 Sale Price $4,775,00 $525,00 $10 $10 $10 ) - 4E 5 Palm Beach County e Property Appraiser Gary R Nikolits, CF A' ~ ~ 3/5/2010 VI. CONSENT AGENDA: J. Approval of MPO's Water Taxi Capital Facilities Grant Agreement p I ~,," ~ ~~Y~T8~lt RA . East Side-West S"lde-Seaside Renaissance eRA BOARD MEETING OF: March 15,2010 I X I Consent Agenda I I Old Business New Business I I Legal I Other SUBJECT: Approval of the Metropolitan Planning Organization's Water Taxi Capital Facilities Grant Agreement for up to $37,000.00 in grant funding for the construction a water taxi slip located within the CRA' s Boynton Harbor Marina. SUMMARY: The Palm Beach Metropolitan Planning Organization (MPO) has obtained Federal funds to assist in the creation of an integrated water taxi transit system along Palm Beach County's Intracoastal Waterway. At their meeting held on December 8, 2009, the CRA Board approved the submission of an application to the MPO for grant funding to construct a water taxi slip as part of the overall Boynton Harbor Marina slip reconstruction project. On February 18,2010, the MPO approved the CRA's grant application and awarded the Agency up to $37,000.00 in grant funds. Under the terms of the grant agreement, the CRA is obligated for ten (10) years to provide a designated slip to be used for the water taxi service. Additionally, the CRA is required to promote the use of water taxi services as part of the continued effort to connect the "marina villages" and a linked Intracoastal waterway transit system. Grant funds can only be used for design, construction of docks, improvement to existing docks and other facilities for use by the public accessing water taxi services. FISCAL IMPACT: Maximum of $37,000.00 in grant funding. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Master Plan. RECOMMENDATIONS: Approve the Metropolitan Planning Organization's Water Taxi Capital Facilities Grant Agreement for up to $37,000.00 in grant funding for the construction a water taxi slip located within the CRA' s Boynton Harbor Marina. ~k~~c--' Michael Simon Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHL Y REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\12-08-09 Meeting\Water taxi grant application. doc PALM BEACH METROPOLITAN PLANNING ORGANIZATION 2300 North Jog Road, 4th Floor. West Palm Beach, Florida 33411-2749 Phone: (561) 684-4170 Fax: (561) 233-5664 www.pbcgov.com/mpo February 19, 2010 Lisa Bright, Executive Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Re: Water Taxi Dock Grants- Boynton Harbor Marina Dear Ms. Bright Enclosed are two (2) copies of the Grant Agreement between the Palm Beach Metropolitan Planning Organization (MPO) and the Boynton Beach Community Redevelopment Agency. The purpose of the Grant Agreement is to make MPO funds available for reimbursement of expenses related to the design, permitting, construction, and installation of water taxi docking facilities as described in the Grant Agreement. The two (2) copies have been signed by the MPO Chair, MPO Director and MPO attorney. Please note that reimbursement of costs as specified in this Grant Agreement are only eligible as of the date of the execution of the Grant Agreement. If you have any questions please feel free to contact me. Sincerely, ~I1Whi Director ----) ,/ _..../ RMW/eer Enclosure (2) cc: Michael Simon, Boynton Beach CRA Development Director Donna Raney, Assistant County Attorney Angela Morlok, Palm Beach MPO Principal Planner GRANT AGREEMENT BY AND BETWEEN PALM BEACH METROPOLITAN PLANNING ORGANIZATION AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THIS GRANT AGREEMENT is made and entered into this _ day of 20010, by and between the Palm Beach Metropolitan Planning Organization, Florida, an entity created pursuant to Chapter 339, F.S., (hereinafter referred to as the "MPO") and The Boynton Beach CRA, Boynton Beach, Florida, a public agency created pursuant to Chapter 163, Part III, Florida Statutes(hereinafter referred to as the "Grantee"), for its Boynton Beach Community Redevelopment Agency(also referred to herein as "CRA"). WITNESSETH WHEREAS, the MPO desires to encourage the creation of a Countywide water taxi transit system linking cities along the Intracoastal Waterway via an integrated water taxi transit system; and WHEREAS, the State of Florida Department of Transportation (FDOT) has funds available from the U.S. Department of Transportation, Ferry Boat Discretionary Program (FBP) , for the design, permitting and construction of docks, improvements to docks, and other access facilities needed for water taxi service; and WHEREAS, the MPO has entered into a joint Participation Agreement OP A) with FDOT under which FDOT will provide funds to assist the MPO with the development of Phase One of a Countywide water taxi transit system; and WHEREAS, the Grantee would like to design, construct and install a water taxi docking facility at the Boynton Harbor Marina in that will be used to encourage and facilitate water taxi transit service; and WHEREAS, the MPO is willing to make available certain grant funds to be used by the Grantee to design, permit, construct and install a docking facility in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants, and obligations set forth herein, the MPO and the Grantee agree as follows: Section 1. Incorporation of Facts: The facts set forth above, in the preamble to this Agreement, are true and correct and incorporated into and made a part of this Agreement. MPO/BBCRA Agreement, 2010 Section 2. Purpose: The purpose of this Agreement is to set forth the various duties, rights and obligations of the parties relating to the Grantee's design, permitting, construction, and installation of a water taxi docking facility as described in this Agreement (also referred to herein as the "Project"). Section 3. Representatives and Contract Monitor: The MPO's representative and contract monitor during the term of the Agreement shall be the Director of the MPO, whose telephone number is 561-684A I 70. The Grantee's representative and contract monitor during the term of this Agreement shall be its Development Director, Michael Simon, whose telephone number is 561-737-3256. Section 4. Effective Date and Term: This Agreement shall take effect upon execution by the parties and shall remain in full force and effect for a period of ten (10) years. Within two (2) years of the execution of this Grant Agreement, the Project shall have been completed by the Grantee and the Facility shall be open to and accessible by the public. Within three (3) months thereafter, the Facility shall be in use as provided in this Agreement. In addition, the first invoice for reimbursement of work completed by the Grantee is to be submitted to the MPO within Calendar Year 2010. Section 5. The Project: The MPO has entered into a ]P A with FOOT under which FOOT has agreed to provide Ferry Boat Discretionary Program (FBP) funds to the MPO to be used to assist with the first phase of a Countywide system to link cities by way of an integrated water taxi transit system. The Grantee has requested a grant of FBP funds to be used to design, permit, construct and install a water taxi docking facility at the Boynton Harbor Marina (also referred to herein as the "Facility") as further described in Attachment A, Project Description, attached to this Agreement. The MPO will make available up to Thirty Seven Thousand Dollars($37,000.00) in grant funds to be used to reimburse the Grantee for permissible Project expenses related to the design, permitting, construction and installation of the Facility in accordance with the Project Budget set forth in Attachment B to this Agreement. The Grantee shall utilize such grant funds in accordance with the terms and conditions of this Agreement, and all Federal, State and local laws, rules and regulations that are applicable to the Project. Section 6. FDOT Funding and Control, and Other Obligations Related to Grantee's Status: A. The Grantee acknowledges that this Grant Agreement and the MPO's activities hereunder are paid for from funds the MPO has or will receive from FOOT under the JP A. Accordingly, the Grantee agrees that its expenditure of the grant funds will be subject to the same terms and conditions of the ]P A applicable to the MPO's receipt of and expenditure of the grant funds. The Grantee further acknowledges its receipt of the following documents; 1) A copy of the JP A which is attached hereto as Attachment C which also includes a copy of a document extending the terms and conditions of the JP A to April 1 , 2009, and finally to December 31, 2010. 2) A copy of other notifications from FDOT containing special conditions or requirements; and 3) FBP information from the USDOT FHW A, attached hereto as Attachment D. Grantee shall not perfoml MPO/BBCRA Agreement, 2010 any act or refuse to comply with any MPO direction or request which would cause the MPO to be in violation of any term or condition of the JP A, contribute to or cause the FDOT to seek to terminate the JPA, or cause FDOT to request the return of any FDOT funds provided to the MPO. Grantee will immediately remedy, at its sole cost and expense, any deficiency or violation of the JPA found by the MPO upon notice of such from the MPO or the MPO may unilaterally terminate this Agreement. B. Grantee further acknowledges and understands that the MPO, as a recipient of an FDOT grant, has continuing obligations to FDOT under the JP A relating to the use and control of the Facility. Accordingly, the MPO may unilaterally terminate this Agreement if the MPO determines, at any time, that any of the following conditions exist: that the Grantee's use of the grant funds or Grantee's ownership, use, operation or maintenance of the Facility is not in accordance with the terms and conditions of the JP A or any Federal, State or local law rule or regulation; that any funds were used to reimburse expenses that were not reimbursable or were unlawfully or improperly incurred: or that the Grantee's ownership or use of the Facility does not constitute a valid public purpose. C. Grantee agrees that all of its records relating to this Grant Agreement and the ownership, use, possession and maintenance of the Facility are public records for the purposes of Chapter 119, F.S. The MPO reserves the right to unilaterally terminate this Agreement for refusal by the Grantee to allow public access to all documents, paper, records and other materials related to this Agreement. D. If the MPO terminates this Agreement, the Grantee shall return to the MPO the grant funds that were paid to the Grantee under this Agreement or, if deemed appropriate by the MPO, such other lesser sum equivalent to the value of the remaining useful life of the Facility if such is approved by the MPO and FDOTj provided, that, such sum is not less than the amount owed by the MPO to FDOT under the JP A and FDOT has determined that no other sums are or would be owed by the MPO to FDOT. In addition, Grantee shall pay to the MPO all costs and expenses incurred by the MPO in the administration of the JP A as it relates to the Project and the termination of the Grant Agreement. E. The Grantee will maintain, in Palm Beach County, Florida, all books, records, accounts, and reports required under this Agreement for a period of not less than three (3) years after the date of termination or expiration of this Agreement. Grantee will make all records, including but not limited to, all insurance policies, construction records and maintenance logs, available to the MPO, US DOT or the State, or their respective agencies, officers, employees, contractors, investigators or auditors upon request. In the event claims are asserted or litigation is commenced related to or arising out of the performance of this Agreement, the Grantee agrees that it will maintain all records relating to the Facility or its use in Palm Beach County, Florida, until the MPO, and FDOT have disposed of all such litigation, appeals, claims, or exceptions related thereto. 3 MPO/BBCRA Agreement, 2010 F. Grantee's execution of this Grant Agreement constitutes a certification that it will comply with all of the requirements imposed upon it by Title VI of the Civil Rights Act of 1964, 42 use. 2000d, et. seq., and the implementing regulations issued thereunder, as they may be amended or replaced from time to time. G. Grantee's execution of this Grant Agreement constitutes a certification that it will comply with all of the requirements imposed upon it by Title VIII of the Civil Rights Act of 1968,42 use. 3601, et. seq., and the implementing regulations issued thereunder, as they may be amended or replaced from time to time. H. Grantee's execution of this Grant Agreement constitutes a certification that it will comply with all of the requirements imposed by the Americans with Disabilities Act, 42 U.s.e. 12102, et. seq., and the implementing regulations issued thereunder, as they may be amended or replaced from time to time. 1. In carrying out or in connection with any activity rdated to the Project, the Grantee agrees that it will not discriminate against any employee or applicant for employment because of race, age, creed, color, disability, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, age, creed, color, disability, sex or national origin. Such action shall include, but may not be limited to employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Grantee shall insert the foregoing provisions, modified only to show the particular contractual relationship in all of its contracts in connection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials, and shall require all of its contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. Grantee shall post, in conspicuous places available to employees and applicants for employment, notice of this nondiscrimination clause. J. Prohibited Interests: Grantee agrees that none of its members, officers or employees, during their tenure or for two (2) years thereafter, shall have any interest, direct or indirect, in this Grant Agreement, the Facility, or its use. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the MPO, the MPO with prior approval by FOOT, may waive the prohibition contained in this subsection. However, any such present member, officer or employee shall not participate in any action by the Grantee relating to such contract, subcontract, or arrangement. The Grantee shall insert in all contracts entered into in connection with the Facility and shall require its contractors to insert in each of their subcontracts, the following provision: 4 MPO/BBCRA Agreement, 2010 No, member, officer or employee of the Grantee during their tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. K. Grantee's execution of this Grant Agreement constitutes a certification that it will carry out this Grant Agreement in conformance with all applicable environmental regulations including the securing of any applicable permits. L. Grantee agrees that no federal appropriated funds have been paid or will be paid by or on its behalf, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Grantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Grant Agreement, the Grantee shall complete and submit Standard Form~LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. The Grantee shall require that the language of this paragraph be included in the award or contract documents for all awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements). All recipients of the grant funds shall certify and disclose accordingly. Furthermore, no funds received pursuant to this Grant Agreement may be expended for lobbying the State Legislature or a state agency. Section 7. Application of State and Federal Laws: Grantee shall use the grant funds in conformity with the terms and conditions of this Agreement, the JP A, and State and Federal laws, rules and regulations relating to the use and expenditure of FBP funds. The Federal laws applicable to the Project, include but not are not limited to, the provisions of Section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991 (1991 ISTEA, Public Law 102~240), reauthorized by Section 1207 of the Transportation Equity Act for the 21st Century (TEA~2l, Public Law 105~ 178) and continued under the Surface Transportation Extension Acts, and Section 1801 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA~LU), as codified at 23 US.c. 147, as modified, amended or replaced from time to time. Section 8. Project Cost, Reimbursement and Submittal of Invoices: A. The MPO will make up to Thirty Seven Thousand Dollars ($37,000.00) in grant funds available to the Grantee, on a cost reimbursement basis. These funds shall be used by the Grantee solely for allowable expenses incurred by the Grantee in the performance of the Project, however, the MPO shall not reimburse any expenses incurred by the Grantee if all permits needed to commence and complete the work have not been obtained by the Grantee. 5 MPO/BBCRA Agreement, 2010 B. The Grantee shall submit to the MPO, monthly invoices for reimbursable costs that identify and describe the work, materials, time, and provide such other information, including copies of corresponding paid contractor invoices acceptable to the MPO, with sufficient clarity to enable the Palm Beach County Clerk & Comptroller to perform her pre-audit functions. Invoices shall be submitted to the MPO on or before the 10th day of each month for the immediately preceding month. Descriptions shall identify the percentage of work completed and address future time projection for completion of the Facility. Such documentation shall be sufficient to establish that the expense was actually incurred in the performance of the Project, is eligible for reimbursement and was incurred prior to the expiration of the JP A. The Grantee shall certify that each expenditure was proper, lawful and made in accordance with this Grant Agreement. Invoices shall reference the Grant Agreement and shall contain an original signature of an authorized Grantee official. In the event no reimbursements are sought during a month, then for each such month, the Grantee shall submit a status report indicating the work completed to date. C. Invoices received from the Grantee will be reviewed and approved by the MPO to confirm that costs for which reimbursement is sought have been incurred in conformity with this Grant Agreement and then sent to the Palm Beach County Finance Department for payment. Invoices will normally be paid within thirty (30) days following the MPO's representative's approval; provided, that, the MPO has received the funds from FOOT. D. All invoices for reimbursement shall be submitted within thirty (30) days of the expiration of the JP A. In order for each party to close its books and records, the Grantee will clearly state "final invoice" on its last and final billing. This certifies that all costs eligible for reimbursement have been presented and invoiced to the MPO. Since this account will thereupon be closed, any and other future charges, if not properly included on this final invoice, are waived by the Grantee. E. Disallowed Costs: Project costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, and costs attributable to goods or services received under a contract or an arrangement which has not been approved for reimbursable expenses under this Grant Agreement shall not be eligible for reimbursement by the MPO. Section 9. Grantee's Contribution: There is no local match required of the Grantee for this Project. Grantee acknowledges and agrees, however, that it is responsible for and will fund all costs to complete the Project in excess of the $37,000.00 granted hereunder. In addition, Grantee is responsible for all the ongoing costs and expenses of maintaining and operating the Facility. Grantee shall insure that the Facility is open and accessible to the public and used for the provision of water taxi services as contemplated in this Grant Agreement for a period of no less than ten (10) years, and that it is well maintained and operated in conformity with all Federal, State and local laws, rules and regulations. 6 MPO/BBCRA Agreement, 2010 Section 10. Procurement: A. The Grantee shall be responsible for the design, permitting, bidding, evaluation, contract preparation, administration and construction of the Project, in accordance with this Grant Agreement, the JP A and all applicable Federal, State and local laws, rules and regulations. The Grantee shall utilize a competitive solicitation process in the selection of all contractors and shall ensure that all FOOT or MPO required contract clauses are included in its procurement documents and all third party contracts and subcontracts. B. The Grantee shall comply with all provisions of Florida law, including but not limited to the applicable provisions of Chapters 255 and 287, F.S., and the applicable provisions of the Consultants' Competitive Negotiation Act as it relates to procurements or projects involving engineering, architecture or surveying services. C. Disadvantaged Business Enterprises: It is policy of FOOT and the MPO that Disadvantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed, in whole or in part, with federal funds. Consequently, the DBE requirements, of 49 C.F.R. Part 26, as amended, apply to this Agreement. To the extent applicable, Grantee agrees to comply with the requirements of 49 C.F.R. Part 26, including any amendments that may be made to those regulations during the term of this Agreement. Neither the Grantee nor any of its contractors or permittees shall discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Grantee shall carry out the applicable requirements of 49 C.F.R. Part 26 in the award and administration of FOOT assisted contracts. The Grantee's failure to comply with this provision shall be deemed a material breach of this Agreement which may result in the termination of this Agreement or such other remedy as the MPO deems appropriate. D. Public Entity Crimes: The Grantee shall comply with the provisions of Section 287.133(2) (a), F.S. The relevant provisions of Section 287.133(2)(a), F.S. are as follows: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 7 MPO/BBCRA Agreement, 2010 E. Discriminatory Vendor List: Grantee agrees that no entity or affiliate who has been placed on the discriminatory vendor list may submit a bid on a contract to provide any goods or services, may submit a bid on a contract for the construction or repair of a public building or public work, may submit bids on leases of real property, may be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with the Grantee, or transact business with the Grantee. F. The Grantee shall require all of its permittees, contractors and subcontractors to save, defend, indemnify and hold harmless the Grantee and the MPO, and FOOT if required by the MPO, including their respective officers, agents, servants and employees from and against any and all claims, liability, losses and/or causes of action which may arise out of or from any permittee's contractor's or subcontractor's performance of the Project, including but not limited to all negligent acts or omissions. G. Grantee shall further require all of its permittees, contractors and subcontractors to save, defend, indemnify and hold harmless the Grantee and the MPO, and FOOT if required by the MPO, from and against any and all claims, demands, suits or causes of action arising out of any conduct or misconduct of a permittee, contractor or subcontractor not included in paragraph F. above and for which the Grantee, MPO or FOOT are alleged to be liable. Section 11. Use and Operation of the Water Taxi Dock Facility: The Facility shall be used and operated for the benefit of the general public and the licensed water taxi operators that provide public water transportation to the general public on a fixed route, non~exclusive basis. Water taxi service shall be scheduled so as to connect to other water taxi services provided by water taxi operators in other areas of Palm Beach County, with Palm Tran's fixed route transit service, and the community transit service provided by municipalities or others in Palm Beach County. The Grantee shall present a proposed schedule to the MPO, for the MPO's approval, at least thirty (30) days prior to the implementation of or any change to the water taxi service. Service shall initially be made available to the public as described in Attachment A and during the times approved by the MPO's contract representative. Water taxi vehicle operators may use the Facility for other public transportation services only with prior written approval of the Grantee and the MPO, and only for such periods of time expressly approved by the Grantee and MPOj provided, that, such use does nl)t interfere with the use and activities contemplated under this Grant Agreement as determined by the MPO in its sole discretion. Section 12. Title, Risk of Loss: A. Title to and ownership of the Facility shall be vested in the Grantee. The Grantee shall not sublet, assign, or transfer its ownership of or any rights it has in the Facility, in whole or in part, for a period of ten (10) years unless it has first repaid all grant funds received under this ]PA to the MPO or such lesser amount of grant funds approved by the MPO and FOOT as described in paragraph 6.0. of this Agreement. Grantee shall not permit any lien or encumbrance to be recorded 8 MPO/BBCRA Agreement, 2010 against the Facility during such period. In the event any liens or encumbrances are filed or recorded against the Facility, Grantee shall immediately take all necessary acts, at its sole cost and expense, to clear and remove all such liens, interest or encumbrances. This provision shall not be construed to prevent the Grantee from granting a limited revocable permit to one or more water taxi service operators to use the Facility for the purposes contemplated under this Agreement. B. Grantee shall bear all risk of loss or damage to the Facility during the term of this Agreement. Grantee further certifies that it has the ability and will retain the ability during the term of this Agreement to repair or replace all Project equipment and facilities in the event of loss or damage. All funds derived from the proceeds of any insurance policy or self, insurance shall be used by Grantee to repair or replace the Facility. However, if the Facility has not reached the end of its useful life, as determined by the MPO, and the MPO and Grantee agree that Grantee cannot satisfactorily repair or replace the Facility, then the insurance proceeds or a sum of money equal to the grant funds provided to the Grantee shall be paid to the MPO, who shall distribute to FDOT any sums due it, retain any portion for redistribution under the JP A or the FBP program, or use the funds for any other purpose permitted by FDOT. Any insurance proceeds paid to the MPO in excess of the grant funds provided to the Grantee shall be returned to the Grantee. C. Grantee shall continuously and actively use the Facility for the purposes contemplated herein. In the event the MPO shall determine, in its sole discretion, that Grantee is permitting the Facility to waste or the Grantee is not actively and continuously using the Facility for the purposes described herein, then the MPO may immediately terminate this Agreement and Grantee shall refund or repay to the MPO the grant funds received by Grantee in accordance with paragraph 6.D. of this Agreement. Section 13. Encumbrances: A. Grantee shall provide and promptly pay for all labor, materials and equipment necessary for the construction of the Facility. Grantee shall not grant any interest in the Facility to any person, transfer its interest in the Facility, in whole or in part, to any other entity nor shall it permit any lien, claim, or other encumbrance to be filed against the Facility or action to be taken against the MPO or FDOT on account of any labor, service, good, material, or equipment furnished or installed related to the Facility. B. Grantee shall not transfer, assign or sublease the Facility. 9 MPOIBBCRA Agreement, 2010 C. Grantee shall require any water taxi user, operator, or other party to whom it gives permission to use, occupy, or enjoy the Facility to subrogate any rights or interest that party may have in the Facility to the rights and interests of the MPO and FOOT. The Grantee represents and warrants to the MPO that it shall furnish a copy of the Grant Agreement to any person or entity to whom it gives permission to use, occupy or enjoy the Facility. Grantee shall require such person or entity to use the Facility solely for and in the furtherance of the purposes of this Agreement and to act in conformity with the Grantee's duties and obligations under the Agreement. O. Grantee shall be responsible for any and all costs and expenses incurred by the MPO relating, in any fashion, to the enforcement of this Agreement. Grantee shall not take any action which would adversely affect the MPa's or FOOT's interest in the Facility, make the MPO or FOOT liable to any other entity or third party, or jeopardize the MPO's JP A with FOOT or receipt of funds from FOOT. Section 14. Care, Repairs and Maintenance: Grantee is solely responsible for all repairs and maintenance of the Facility, all equipment located thereon, and all costs associated with and arising out of the provision of water taxi service. Grantee will keep the Facility in good working order, condition and repair. Grantee shall also require all water taxi operators to use the Facility in a manner that will prevent loss or damage to either person or property, including death. Section 15. ADA Compliance: Grantee shall ensure that the Facility, access thereto and all service operated therefrom are fully accessible to the disabled, and that the Facility is used, operated and maintained in conformity with the requirements of the Americans with Oisability Act (ADA) of 1990, as it may be amended from time to time, and all federal rules and regulations implementing the ADA. Grantee shall save, defend, indemnifY and hold the MPO harmless, to the fullest extent of the law, from any and all liability which mayor shall inure to the MPO, as a result of the Grantee's use, operation or maintenance of the Facility, or as a result of any failure on the part of the Grantee, its officers, employees, servants, agents, contractors, permittees or other party acting on behalf of or under the authority of the Grantee to comply with the ADA and its implementing rules and regulations, or the requirements of this Grant Agreement. Section 16. Limit of Obligation: A. The MPO's obligations to the Grantee shall be strictly limited to those expressly set forth in this Agreement. The MPO shall have no obligation to any other entity, contractor, permittee or person who is in anyway associated with this Agreement or benefits from the Grantee's use of the grant funds or the ownership or use of the Facility. 10 MPO/BBCRA Agreement, 2010 B. This Agreement confers no rights on anyone other than the MPO, FOOT, or the Grantee and is not otherwise intended to be a third party beneficiary contract. FOOT is authorized to enforce any of the Grantee's duties and obligations under this Agreement regardless of whether FOOT or the MPO benefits from the enforcement. Nothing contained in this Agreement shall constitute the MPO's acceptance of any obligation or liability not otherwise imposed under this Agreement or by law upon the MPO. Section 17. Information and Data: Upon the request of the MPO, the Grantee will furnish directly, or through its water taxi operators, monthly performance reports indicating ridership, nautical miles of service provided, types of conveyances used for service, hours of operation, stops, and such other information requested by the MPO or FOOT from time to time. The Grantee also agrees to cooperate with the MPO in any surveys of water taxi service passengers which the MPO may desire to undertake. The Grantee will also assist the MPO by distributing information regarding Palm Tran's public transportation services, community transit services and other coordinated transit services in Palm Beach County or within the South Florida Regional Transit Authority's service area to users of water taxi services or various businesses near water taxi service stops (i.e., places where passengers embark or disembark). Section 18. Preparation of Certifications, Documents and Reports: Should the MPO be required by FDOT, the USOOT, or any other agency of the Federal or State government to provide any certifications, documents or reports related to the Facility or its use, the Grantee will cooperate and assist the MPO with the preparation of such certifications, documents or reports, or prepare and furnish any such certifications, documents or reports requested. Grantee shall provide MPO with all environmental findings relevant to the location of the Facility. Section 19. Prohibition of Discrimination: Grantee represents and warrants that it will not discriminate in its performance of the Project and use of the Facility, and that its operators, permittees, employees and members of the general public utilizing the dock facility will be treated equally and without regard to race, sex, sexual orientation, color, religion, disability, handicap, age, marital status, national origin or ancestry. Section 20. Insurance: A. Grantee agrees to insure the Facility for fire, bodily injury and death, property damage, and liability and to maintain such coverage during the term of this Agreement. Without waiving the right to sovereign immunity as provided by Section 768.28, F.S., Grantee acknowledges that it is self- insured for General Liability and Automobile Liability under Florida's sovereign immunity statutes with coverage limits of$100,000 Per Person and $200,000 Per Occurrence, or such monetary waiver limits that may change and be set forth by the State Legislature. 11 MPO/BBCRA Agreement, 2010 B. In the event Grantee maintains third,party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self, insurance under Section 768.28, F.S., Grantee agrees to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. C. Grantee agrees to maintain or to be self, insured for Workers' Compensation & Employers' Liability insurance in accordance with Chapter 440, Florida Statutes. D. Grantee agrees to maintain property insurance, which includes builder's risk insurance, while the Project is in the course of construction in an amount at least equal to the estimated completed Project value as well as subsequent modifications of that sum. When construction is completed, Grantee agrees to maintain all,risk property insurance for adequate limits of coverage on the Facility and related equipment and facilities based on the Grantee's replacement cost calculation or the Grantee's probable maximum loss estimate for either the perils of fire, wind, or flood, which shall, in no event, be less than the sum of all grant funds (i.e., Thirty Seven Thousand Dollars). Grantee agrees to be fully responsible for any deductible, uncovered loss, or self, insured retention under the all,risk property insurance. The requirements of this provision may be waived by the MPO's contract representative after consultation with Grantee's Department of Risk Management, if the Grantee establishes, to the satisfaction of the MPO's contract representative, the Grantee's capability to adequately meet, satisfy or cover the Grantee's potential risks or exposure (i.e., liability) related to, arising out of, or resulting from its construction of the Project and use, operations and maintenance of the Facility and related equipment. E. When requested, Grantee shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self,insurance and/or sovereign immunity status, which the MPO will, jf acceptable to FDOT , recognize as acceptable for the above mentioned coverages. F. Any policy of insurance obtained pursuant to paragraphs A., B. and D. above shall designate the Palm Beach Metropolitan Organization as an additional insured. G. Compliance with the foregoing requirements shall not relieve Grantee of its liability and obligations under this Grant Agreement. H. Grantee further agrees to include the above,stated insurance requirements as to type of coverage and dollar amount, so as to meet the minimum requirements set forth above, in all contracts related to the use of the Facility and the provision of water taxi services, and shall establish such as a requirement for the issuance of any permit, license, or right to use or occupy the Facility,. 12 MPO/BBCRA Agreement, 2010 Section 21. Termination: In the event the Grantee abandons the Project, discontinues the Project, or after completion of the Project notifies the MPO that it no longer desires to use the Facility for the purpose for which the grant funds were provided, ceases to use the Facility for the purpose of providing water taxi service, or fails to comply with any provision of this Agreement, then the MPO may exercise any and all rights available to it, including termination of this Agreement upon ten (10) days notice to Grantee. In the event the Agreement is terminated, the MPO will be entitled to direct the Grantee to undertake either of the following actions: 1) Pay to or return to the MPO a sum of money equal to the grant funds it received from the MPOj or 2) Pay to the MPO such lesser sum that the MPO has been directed to remit or return to FOOT; provided, that, the MPO has determined such to be appropriate, in its sole discretion, plus all administrative costs and expenses incurred by the MPO, whether direct or indirect, related to the Project. In addition, the MPO is not limited to the exercise of the foregoing action but shall have the right to exercise any other remedy available to it at law, in equity, or under this Agreement. Section 22. Appropriation: Each party's performance and obligation under this Agreement is contingent upon an annual appropriation by its governing body for the purposes of this Agreement. In addition, the MPO shall not be obligated to perform and/or reimburse the Grantee for any costs and expenses Grantee has incurred if: 1) FDOT does not approve this Agreementj 2) FOOT determines that any of the costs and expenses for which reimbursement is sought are not eligible project costSj 3) FDOT does not approve any requisition for payment or invoice submitted by the MPO to FOOT for reimbursement under the JP Aj or 4) FOOT terminates or cancels the JP A with the MPO. Grantee expressly waives and releases the MPO from liability, of any kind or nature, as a result of the occurrence of any of the foregoing events. Grantee also hereby represents and warrants that Grantee's governing body intends to appropriate all grant funds received hereunder for the purposes of this Grant Agreement and, at the time of execution of this Grant Agreement, has appropriated all funds in excess of the grant amount set forth in Sections 5 and 8 needed to complete the Project. Section 23. Notice of Accidents, Injuries and Suits: A. In the event of an accident or injury related to the ownership or use of the Facility, the Grantee agrees to immediately notify its insurer and the MPO of such accident or injury. Upon the request of MPO, the Grantee will provide all information relative to the accident or injury. B. Grantee agrees to fully cooperate with the MPO and FOOT, and their respective officers, employees, servants or contractors, in any investigation either may conduct and the defense of any claim or suit in which the MPO or FOOT may be named. The Grantee shall do nothing to impair or invalidate any applicable insurance coverage. 13 MPO/BBCRA Agreement, 20 I 0 Section 24. Hold Harmless and Indemnification: Grantee agrees to protect, defend, reimburse, save, indemnify and hold harmless the MPO and FDOT, and their respective officers, employees, servants and agents, from and against any and all suits, actions, damages, liabilities, interest, attorneys' fee, costs and expenses of whatsoever kind or nature arising out of the Grantee's performance of the Project, including but not limited to Grantee's construction, installation and use of the Facility to the fullest extent permitted by law. Nothing contained in this Agreement shall act as a waiver of either party's sovereign immunity in excess of that waived by the Legislature in Section 786.28, F.S. Section 25. Assignment: Neither this Agreement nor any interest therein shall he assigned, transferred or otherwise encumbered, in whole or in part, by Grantee without the prior written consent of the MPO. Section 26. No Agency Relationship: Nothing contained herein shall create an agency relationship between the Grantee and the MPO. Section 27. Remedies: This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or inequity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 28. Enforcement Costs: Any costs or expenses, including reasonable attorney fees, associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties. This clause pertains only to the parties to this Agreement. Section 29. No Waiver: No waiver of any provisions of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. Section 30. Captions: The captions and section designations herein set forth are t()r convenience only and shall have no substantive meaning. Section 31. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, he construed more severely against one of the parties than the other. 14 MPO/BBCRA Agreement, 2010 Section 32. Notice: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the MPO shall be mailed to: Director of MPO 2300 N. Jog Road, 4th Floor West Palm Beach, Fl. 33411-2749 And, if sent to the Grantee shall be mailed to: Boynton Beach Community Redevelopment Agency Development Director 915 South Federal Highway Boynton Beach, Fl. 33435 Each party may change its address upon notice to the other. Section 33. Severability: Should any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement. Section 34. Entirety of Contract and Modifications: The MPO and the Grantee agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. 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 equality of dignity herewith. Section 35. Survivability: Any provision of this Agreement which is of a continuing nature or imposes an obligation which extends beyond the term of this Agreement, shall survive its expiration or earlier termination. Section 36. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. (Remainder of Page Intentionally Left Blank) 15 MPOIBBCRA Agreement, 2010 IN WITNESS WHEREOF, the Grantee and MPO have hereunto set their hands the day and year above written. Attest: Attest: Attorney Approved as to Form Legal Sufficiency By: Boynton Beach Community Redevelopment Agency 'te: isa Bright, Executive Director Approved as to Terms Conditions ----~ "'-, "- '-" 16 MPO/BBCRA Agreement, 2010 ATTACHMENT A&B Project Description and Project Costs 17 WATER TAXI CAPITAL FACILITIES GRANT APPLICATION PROJECT NAME AND LOCATION: Boynton Beach Community Redevelopment Agency's Boynton Harbor Marina 735 Casa Loma Boulevard Boynton Beach, Florida 33435 PROJECT DESCRIPTION: The Boynton Beach CRA purchased a portion of a privately owned and operated local commercial fishing and diving marina in March 2006, formerly known as the Two Georges Marina. In order to establish a new name and identity for the marina, the CRA held a contest to solicit title suggestions from the public and "The Boynton Harbor Marina" was selected. The Boynton Harbor Marina has existed under different ownership since the 1940s and was purchased by the CRA in an attempt to preserve the local commercial fishing and diving businesses while preserving continued public access to the waterfront. The mixed use area surrounding the CRA's marina slips consists of two newly constructed fifteen story mixed use residential towers, two long established waterfront restaurants and various commercial businesses. The marina is located adjacent to East Ocean Avenue and Boynton Beach Boulevard which is identified as Boynton Beach's downtown core and Main Street where future redevelopment is destined to occur. The City's Downtown Master Plan has identified East Ocean Avenue and the FEC railroad as an ideal location for the creation of a Transit Oriented Development (TOO) site which is approximately two blocks away from the Boynton Harbor Marina. The addition of a water taxi slip provides the opportunity to expand the CRA's efforts to provide alternative modes of transportation between neighboring cities and business communities. The marina slips are currently occupied by 80% commercial vessels and 20% non-commercial vessels. It is the intention of the CRA to continue with a predominance of commercially operated vessels in this ratio of higher. Since the acquisition of the marina, the CRA has been performing ongoing maintenance and minor repairs while formalizing a Boynton Harbor Marina Area Master Redevelopment Plan for the entire marina district and surrounding waterfront, mixed use area. Currently, existing finger piers are weak and undersized, dock pilings are irregularly spaced and damaged, access to vessels is limited, difficult and non-ADA accessible under current codes, electrical and water systems antiquated and the overall appearance and functionality of the dock structure is less than desirable. The slip renovation project will provide for new dockage, commercial visibility, and safer vessel access for patrons, dock lighting and easier vessel navigation within the basin and their slips. The slip renovation project is the first phase in the CRA's overall Boynton Harbor Marina Area Master Redevelopment Plan which is will provide new public restroom facilities, dock master building, pedestrian walkways and public spaces as well as stimulate new economic and redevelopment opportunities. The Boynton Harbor Marina Slip Renovation Project will provide the local boating community with enhanced dockage, commercial visibility and safety. The CRA's marina slips, as well as the adjacent privately owned slips, have been utilized by the local boating industry for more than 50 years. The Boynton Harbor Marina facility is targeted to be one of four "marina villages" within Palm Beach County's Overall Economic Development Plan for the 21st Century. These "marina villages" will connect waterfront communities together from Rivera Beach to Boca Raton. IDENTIFICATION OF NEED: Existina and Proiected Water Taxi RidershiD Within the Boynton Harbor Marina service area, two water taxi operators currently exist. Delray Yacht Cruises operate sightseeing tours out of Veteran Park in Delray Beach. Delray Yacht Cruises have expressed interest in expanding their current business to include a smaller version of a "riverboat style" water taxi vessel operating between the area of Lantana and Boca Raton. The second company, Liquid Launch Water Taxi Service, operates on an on-demand or charter basis focusing between on the area between Boynton Beach and Deerfield Beach waterfront restaurants. Throughout the larger county waterfront area, there are four main water taxi companies currently operating in Palm Beach County, i.e., the Palm Beach Water Taxi, Water Taxi of the Palm Beaches, Peanut Island Water Taxi, and the Seafare Water Taxi. While none of these companies currently operate within the Boynton Beach area, it is anticipated that as future economic growth continues along with exposure of the newest water taxi sites. The Palm Beach Water Taxi operates out of the Sailfish Marina located at 98 Lake Drive, Palm Beach Shores and provides a variety of tours as well as service to Clematis Street in downtown West Palm Beach. It operates five boats with carrying capacities ranging from 20 to 49 passengers. The Water Taxi of the Palm Beaches operates out of Panama Hatties on Ellison Wilson Road in North Palm Beach. It operates four boats on a daily basis; each boat has a carrying capacity of 27 people. The Peanut Island Water Taxi operates out of the Riviera Beach Marina at 200 East 13th Street in Riviera Beach. It operates a single taxi with a carrying capacity of 40 people, which runs between the marina and Peanut Island. The Seafare Water Taxi operates out of Riviera Beach Marina at 200 East 13th Street in Riviera Beach and two vessels run between the marina and Peanut Island. The Sea Farer has a carrying capacity of 45 passengers and the Island Queen has a carrying capacity of 49 passengers. Proiect Trio Purooses and Tyoes of Riders It is anticipated that the typical water taxi rider will be visiting the marina area for restaurant or business purposes. They would be able to utilize the water taxi service either before or after dinning and take a cruise to Delray or Lantana for shopping or sight-seeing. Ideally, riders would be able to board the taxis at various locations in each waterfront city's downtown destination or one of the county park facilities along the route. Riders could leave their vehicles within the Boynton Harbor Marina area parking garage's 126 public parking spaces and return after a day of water travel between several cities. Linkaaes to Existina Transoortation Services The Boynton Beach Community Redevelopment Agency currently funds a Downtown Trolley service free to riders (ADA accessible) serving a large area of the city's downtown core, western shopping centers as well as the Tri-Rail stop at Gateway Boulevard. At present, there is a Trolley stop at the entrance to the marina making it possible to access the water taxi via the Tri-Rail system thereby expanding the potential area of ridership. Linkaaes to Bikeways and Pedestrian Walkways The marina is located three blocks east of the City of Boynton Beach's Oceanfront Park as well as two Palm Beach County parks; Ocean Inlet Park and Ocean Ridge Hammock Beach Park via a pedestrian sidewalk running along North Ocean Avenue. Two established waterfront restaurants are located adjacent to the Boynton Harbor Marina which is centered within downtown Boynton Beach with existing paver brick pedestrian walkways leading to retail shopping, dinning, the Boynton Beach Public library, Children's School House Museum, Civic Center, City Hall and police station. LOCATION DETAILS Condition of Site The water taxi landing site is located within the CRA owned Boynton Harbor Marina in slip #3 under the design of the newly constructed slip configuration. The existing dock structures are antiquated and vessel slip space underutilized. The CRA is proposing to build 19 new boat slips via an aluminum fixed frame dock structure complete with installation of new wood and concrete pilings, Ipe decking and utility pedestals. The new marina facility will be constructed to meet current building codes and ADA design requirements. Jurisdiction The Boynton Harbor Marina is located within the city limits of Boynton Beach and subject to the City's land use and zoning codes. OwnershiD The Boynton Harbor Marina is owned by the Boynton Beach Community Redevelopment Agency (CRA), a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes. Management and operation of the marina facility will be performed by CRA staff or approved marina management vendor. Current usaae conditions The Boynton Harbor Marina currently leases slips to nine commercial marine industry vessels. These businesses have been in existence within the marina for many years and draw from a nation wide repeat client base. In addition to the marina, the CRA owns 126 public parking spaces within an adjacent mixed use building providing ample parking for the marina area uses. Next door to the marina are two well established waterfront restaurants; the Two Georges and the Banana Boat. These restaurants operate year-round and both have been in business over 25 years creating the downtown commercial core area's eastern anchor destination. Americans with Disabilities Act Accommodations The new Boynton Harbor Marina docks, finger piers, walkways and water taxi landing site have been designed to be ADA compliant. The project design and construction specifications have been permit approved by the City of Boynton Beach Building Department. Environmental Issues The Boynton Harbor Marina is located within and existing man-made basin. There are no environmental or wildlife species adversely impacted by the reconstruction of the existing marine facility consisting of the water taxi landing site or the 18 dock slips. WORK PLAN Time Frame for ComDletion The CRA submitted designs and obtained permits from the City of Boynton Beach Building Department, Army Corps of Engineers and the Florida Department of Environmental Protection prior to the release a "Request for Proposals (RFP)" to solicit contractors and project cost proposals on June 5, 2009. As a result of the RFP, Shoreline Foundation, Inc. was selected by the CRA Board of Directors and a contract for construction executed on October 5, 2009. The marina reconstruction project is currently underway and is scheduled to be completed in April 2010. Entity doina desian/construction/overseeina work The CRA contracted with MSCW, Inc. and Sea Diversified, Inc. for the design, engineering and permitting of the Boynton Harbor Marina Slip Reconstruction Project. In July 2009, the CRA issued a "Request for Proposal (RFP)" for the solicitation of construction bid proposals and Shoreline Foundation, Inc. was selected as the marine contractor for the slip reconstruction project by the CRA Board at their meeting held on September 8,2009. The CRA, in conjunction with Waypoint Marine, Inc., will supervise the project with construction oversight and administrative services provided by MSCW, Inc. and Sea Diversified, Inc. OPERA liONS/MANAGEMENT The Boynton Harbor Marina facility daily operations and maintenance are currently being managed by Waypoint Marine, Inc., and CRA's Development Director. Since the CRA's acquisition in March 2006, the marina has been in operation as a commercial marina and will continue as such after the completion of the reconstruction project. FINANCIAL PLAN The Boynton Harbor Marina Slip Reconstruction Project includes the construction of 18 new boat slips, water taxi landing slip, mooring piles, enhanced pedestrian and ADA accessibility, new utilities and signage. The design and permitting for the slip project were performed by Sea Diversified, Inc. and MSCW, Inc. at a cost of $25,600.00. Additionally, project related construction administrative services provided by MSCW, Inc., and Sea Diversified, Inc. total $33,520.00. The marina slip reconstruction project cost as per Shoreline Foundation, Inc.'s approved contract is $638,519.54, bringing the total project cost for design and construction to $697,639.54. Based on the total marina slip reconstruction project cost, the value associated to the water taxi slip is $36,717.87. Funding for the slip reconstruction project is in place within the CRA's budget through a Palm beach County 2006 Waterfront Preservation Easement Grant award in the amount of $2,000,000.00. To date, the CRA has released approximately $130,657.00 in funding for expenses associated with the slip project. MPO/BBCRA Agreement, 2010 ATTACHMENT C State of Florida Department of Transportation Public Transportation Joint Participation Agreement with the Palm Beach Metropolitan Planning Organization 19 ~ ~~ Florida Department of Transportation CHARLIE CRIST GOVERNOR 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 MEMORANDUM DATE: September 21, 2009 TO: Mr. Randy Whitfield, P.E. MPO Director 2300 North Jog Road 4th Floor West Palm Beach, FL 33411 FROM: Lauren Rand Transportation Specialist SUBJECT: EXTENSION OF TlME-Joint Participation Agreement Intermodal- Palm Beach County Water Taxi Docks FM No. 415050-1-94-01 Contract No. AN090 STEPHANIE C. KOPELOUSOS SECRETARY The time allotted for the completion of services on subject agreement dated August 18, 2004 and any supplemental thereto will expire on December 31,2009 In accordance with Section 18.00 of the Joint Participation Agreement, you may request a time extension. For your convenience, you may complete, sign, date and return this form to me. It is requested that the Joint Participation Agreement for the subject project be extended until December 31. 2010 for the following reason(s): Awaiting permit approval on one of the sites. Geo Tech (soils) testing completed shows that mor~ silt is at one site than was expected. This means redesign ofthe dock needs to be done because larger and heavier pilings are needed. There was a reduction of staff to complete same amount of work. 3 of the 9 sites are to be relocated to better serve the public needs. Agency: By APPROVED: APPROVED: APPROVED: Date: sp-ptember 22.2009 Title: Director jMj6'J Date ~ -Ll-O~_ Date Yv"Y Florida Department of Transportation CHARLIE CRIST GOVERNOR 3400 West Commercial Boulevard Fort Lauderdale, Fl 33309-3421 STEPHANIE C. KOPELOVSOS SECRETARY MEMORANDUM DATE: March 04.2009 TO Randy M. Whitfield Director Palm Beach MPO 2300 N. Jog Rd., 4lil Floor West Palm Beach. FL 33411-2749 N_ A Ziegler. Dislrict Modal D<,elopment AdminislmlQ-;RO FROM: Sl IBJEC'T: EXTENSION OF TlME....Joint Participation Agreement Intermodal- Palm Beach COW1ty Water Docks FM No. 4J5050-J~2.4-(}1 Contract No. AN090 l11e time allotted fi.lr the completion of services on su~iect agreement dated AY!L~st I ~2004 and any supplemental thereto \\ill expire ont\prill. 20!)2~ In accordance with Section 18.00 of the Joint Participation Agreemenl. you may request a time extension. For ~'our convenience, you may complete, sign, date and return this fonn 10 me. It is requested that the Joint Participation Agreement for the subject prqject be extended 'until December 31. 2()O~) for the following reason(s): Pennits were delayed Date' 8-/Q-oC( P 8 m PD ]);rec-.J.o (" Title. Date: ?/Zf / 2i2IJt f 3>- 2.(, r c) ,. Dale. www.dot.state.fl.U5 CIIARLlE CRIST GOVERNon ~ MAR 3 - 2008 ~ \.! METROPOLITAN PLANNING ORG, VI . J D if T 0 PAl M BEACH COUtlTy l' ,Orlua epartment 0 ~ ranSpOlotatlOn -, OFfICE OF MODAL DEVELOPMENT STEPHANIE C KOPELOl!SOS ,400 W. Ct)mm.".cinl Blvd SECRETARY Ft. Lauderdale, FL 33309-3421 Tci<.:phlHlC: (954) 777-4490 Fn,,: (954) 677-7892 RECEIVED MEMORANDUM RECEIVED DATE: Febnmry 211, 2008 MAR 07 200B TO: Mr. Rand;. \\ihitlicld. P E MPO Director 2300 North Jog Road 4th Floor West Palm Beach, FL 33411-2749 DISTRICT FOUR MODAL DEVELOPMENT FROM: NlIDC}' A. Ziegler, Modal Development A SUBJECT: EXTENSION OF TIME-Joint Participation Agreement - Palm Beach Water Taxi Docks FM No. 415050-1-94-01 Contract No. AN090 The time allotted for the completion of services on subject agreement datedA..1JB.ust.!1l.2004 and lIDY supplementals thereto will expire on April 2. 2008 In accordance with Section Ill.OO of the Joint Participation Agreemenl. you may request a time extension For your cOfi\'enieoce, you may complete, sign, date lU1d return this form to me. It is requested that the Joint Participation Agreement for e subject project be extended until Annll. 2009 for the following reason(s): (LIse attachment ifnecessmy) - see at ched documenration. Agency: Date: '3 - 4- ~o 8 Title: ~, ,eec 70 R.- By: APPROVED: f)vyk-lV' ~~~ District Project Manager Date: 3/7 JOB Date: .3-; C'D'l WWW.dot.S1ate.f1.us -- ~ ~ Florida Department of Transportation I:, " , ~ . t JEB BUSH GOVERNOR OFFICE OF MODAL DEVELOPMENT 3400 West Commercial Boulevard Fort lauderdale, Fl 33309-3421 Phone: (954) 777-4490 Fax: (954) 677-7892 DENVER J. STUTLER, JR. SECRETARY MEMORANDUM FROM: ",'~:''f.\~~ -.11!"<"'!!;' \". '1. !I -:_ ') CJ::, ~._ "l>{ ;, l ,.." November 13, 2006 \)fJ. " i;:;:;l",,~. Mr. Randy Whitfield, P.E. ,7;.... " ,,::.' , ~,i =E~MPO '", · L~ ~~ West Palm Beach, FL 33411-2749 OvA- 1\ '-I Nancy A Ziegler, District Modal Development Administrat~ DATE: TO: SUBJECT: EXTENSION OF TIME-Joint Participation Agreement - Intermodal- Palm Beach Water Taxi Docks FMNo. 415050-1-94-01 Contract No. AN090 The time allotted for the completion of services on subject agreement dated August 18. 2004 and any supplementals thereto will expire on December 31.2005. In accordance with Section 18.00 of the Joint Participation Agreement, you may request a time extension. For your convenience, you may complete, sign, date and return this form to me. It is requested that the Joint Participation Agreement for the subject project be extended Wltil April 2. 2008 for the following reason(s): (Use attachment if necessary) - see attached documentation. Agmcy: Palm Beacl> MPO ~. By: ~ ') APPROVED: ~r Date: 11- '2 1- tJ6 Title: ~/2.E'C7ae Date: .J9.Jf4'"5/0fp ~w Date: 1~~h6 www.dot.state.f1.US OMD a..lo. OP MODAL PBV8LOP..NT ~ ,~~",---d1; . ., ~ Florida Department of Transportation -U..E~ C 1-]; iln ilJu!1 f () }, },ACr (,L., ,/1. ROPO'!~" . P l.. li-lN PI i', f:lUt.~ ::"',-,~ J",'~!.~~id,l,;{.,.; 'J ;;-f'jel -",1'1..'" - ~ '1 CC;Ulti y' JEB BUSH GOVERNOR OFFICE OF MODAL DEVELOPMENT 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 Phone: (954) 777-4490 Fax: (954) 677-7892 DENVER J. STUTLER, JR. SECRETARY MEMORANDUM DATE: November 9, 2005 TO: Mr. Randy Whitfield, P.E., Director Palm Beach Metropolitan Planning Organization 160 Australian Avenue, Suite 201 West Palm Beach, Florida 33406 FROM: Nancy A. Ziegler, District Modal Development Administrator SUBJECT: EXTENSION OF TlME-Joint Participation Agreem~n~ A Intermodal- Palm Beach Water Taxi Docks '" y L.- FM No. 415050~ 1-94-0 1 Contract No. AN090 The time allotted for the completion of services on subject agreement dated August 18. 2004 and any supplementals thereto will expire on December 31. 2005. In accordance with Section 18.00 of the Joint Participation Agreement, you may request a time extension. For your convenience, you may complete, sign, date and return this form to me. It is requested that the Joint Participation Agreement for the subject project be extended until December 31. 2006 for the following reason(s): (Use attachment if necessary) By: APPROVED: , J / Date: /1'" /S - CJ '!)' Title: -n tB-~C-7aJ. C? ~ Date: /t/lio~ \/ Iftl u;( Date: www.dot.stateJl.us OMD OFFICE OF MODAL DEVELOPMENT STATE OF FlORIDA DEPARTMENT OF 'TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725.@0.06 PUBLIC TRANSPORTATION 06103 PaQe 1 of 12 Financial Project No.: 41505019401 (ilem-segmenl-phase-sequence) Fund: 330 Function: 639 FLAIR Approp.: ." 088774 FLAIR Obj.:' 790004 Org. Code: 55042010429 Vendor No.: VF-596000785063 Catalog of State Financial Assistance Number: N/A Contract No.: ArJD'tO Federal No.: FL72-001-R Catalog of Federal Domestic Assistance Number. THIS AGREEMENT, made and entered into this t ~ day of A.A ~ i L~ , ~ oaf , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Palm Beach County MPO 160 Australian Avenue, Suite 201, West Palm Beach, F1.33406 hereinafter referred to as Agency. WITNESSETH: VVI-IEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, In consideration of the mutual covenants, promises and representations herein, the parties agree as follows: " 1.00 Purpose of Agreement: The purpose of this Agreement is to provide funding assistance to the Palm Beach County Metropolitan Planning Organization for a project consisting of the first phase of a Countywide system to link cities via an integrated water taxi transit system. The system would include the design and construction of docks and other access facilities for use by existing taxi operators. and as further described in Exhibit(s) A, B, & C . attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 725-030-06 PUBLIC TRANSPORTATION 06103 Page 2 of 12 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessaiy with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may requ"ire as listed in Exhibit "e" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 993,500.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 993.500.00 as detailed in Exhibit "B", or in an amount equal to ,. ~ percentage(s} of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability offunds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding 0 is (!) is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage 0 is (!) is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 725-030'()6 PUBLIC TRANSPORTATION 06/03 Page 3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Govemments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project"funds to secure continuously and fully all project funds In excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of. collateral of the types and In the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, 01 vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders. and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart froni all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 725-030-tJ6 PUBLIC TRANSPORT A TION 06/03 Page 4 of 1;' 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fisc. year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMS Circular A-133, Subpart C, .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMS Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of State awards except State awards received for Federal program matching requirements which shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of'the awarding State agency. If the Agency expends less than $300,000, this c- is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 21 ~ F.S., the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, F.S. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, F .S., and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 725~30~6 PUBLIC TRANSPORTATION 06103 Page 501 12 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00. Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Departrrient of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd., Ft. lau ,FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in par~graph 7.10 hereof) to justify and support the payment requisitions. 8.11 . Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F .S. For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department"s Obligat~ons: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the. eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.13 (1) (2) (3) "" 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may Jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event ofsuspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 125.{)30-Q6 PUBLIC TRANSPORTAT'O'~ 'J6103 Page60i 1~ 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the late. approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is deterniined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books. records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any thirrl party with respect to the project without the written approval of the Department. Failure to obtain such approval sha sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 725-030-06 PUBLIC TRANSPORTATION 06/03 Page 7 of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In thi!i) regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grant~s, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions. Controls. and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, eX(!ept contracts Jor standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project Involves installation, construction, demolition, removal, site Improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all tl)e requirements Imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification thatthe Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 725-030-06 PUBLIC TRANSPORTATION 06/03 Page 6 of 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in confonnance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable pennits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to confonn to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notif) the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 72~30-06 PUBLIC TRANSPORTATION 06103 Page 9 of 12 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project faci,lities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and' specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project ,deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 725-030-06 PUBLIC TRANSPORTATION :)6103 Page 10 of 12 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before December 31.2005 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall Constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that ar subrecipients shall certify and disclose accordingly. 725-03~ PUBLIC TRANSPORTATION 06103 Page 11 of12 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods .and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services. a separate interest penalty in accordance with Section 215.422(3}(b}, F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest p~nalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be retumed to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. ' A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s} from the Department. The Vendor Ombudsman may be contacted at (850}410-9724 or by calling the Oepartment of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133{3){a} F.S. the following is applicable to this agreement. 287.133(2}(a}"A person or affiliate who has been placed on the convicted vendor list folloWing a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contraCt with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in S. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: M entity or affiliate'who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 725-030-00 PUBLIC TRANSPORTATION %103 Page 12 of 12 Financial Project No. 41505019401 Contract No. AND C/o Agreement Date <6/ ( cfi I oi IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY PALM BEACH COUNTY METROPOLITAN PLANNING 0 AGENCY NAME h~ SIGNATORY (PRINTED OR TYPED) ~ tJ HAl F /c:,"N f - SIGNATURE C H-A tR., TITlE FOOT Director of Planning and Production TITLE FMNO. 415050-1-94-01 CONTRACT NO: ,ANn qo EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the PALM BEACH COUNTY METROPOLITAN PLANNING ORGANIZATION Dated <6" I , ~/otf PROJECT LOCATION: Palm Beach County, Florida PROJECT DESCRIPTION: The purpose of this Agreement is to provide funding assistance to the Palm Beach County Metropolitan Planning Organization for a project consisting of the first phase of a Countywide system to link cities via an integrated water taxi transit system. The system would include the design and construction of docks and access facilities for public use by existing water taxi operators at locations listed in the attached application package. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 ofthe Agreement shall include a schedule of project assistance that will reflect the Department's contract number, FM number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A FM NO. 415050-1-94-01 CONTRACT NO. ANn q 0 EXHIBIT liB" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the PALM BEACH COUNTY METROPOLITAN PLANNING ORGANIZATION Dated <6' I (<6/ D1 I. PROJECT COST: $ 993,500.00 Design and Construction of Docks/facilities TOTAL PROJECT COST: II. PARTICIPATION: $ 993,500.00 Agency Participation In-Kind Cash/In-Kind Other Maximum Department Participation, Primary (OS) (OOR)(OIM)(PORT) (CIGP) (%) or Federal Reimbursable (OU)(CM)(F330) (100 %) or Local Reimbursable (OL) (%) or ( ( ( %) $ %) or $ %) $ $ $ 993,500.00 $ TOTAL PROJECT COST, $ 993,500.00 FM No: 415050-1-94-01 Contract No.: AN ~ qo Agreement Date: ~ I W ni EXHIBIT "C" PROGRAM ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the PALM BEACH COUNTY METROPOLITAN PLANNING ORGANIZATION Dated ~ II <? I D't General The MPO shall adhere to all applicable planning requirements establish~d and setforth by the U.S. Department of Transportation, including development and timely submission of its Transportation Improvement Program (TIP) and annuallbiennial ~Iement and Unified Planning Work Program (UPWP). The MPO shall comply with any special conditions imposed by the Federal Highway Administration (FHWA) as a condition of grant approval. Costs incurred prior to execution of this agreement can not be charged to the grant. Costs incurred by the MPO to prepare and file an application are not eligible project costs. 1. Exclusive Rights: Will permit no exclusive right for the use of the dock facilities by any person providing, or intending to provide, water taxi services to the public. 2. Federal Funding Eligibility: Will take appropriate actions to maintain federal funding eligibility for the MPO. Further, will avoid any action that renders the MPO ineligible for federal funding. 3. Consultant, Contractor, Scope, and Cost Approval: Will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 4. Reports: Will furnish the Department with quarterly project and work activity reports. 5. Disclosure: Will grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 6. Expiration of Agreement: Will not be extended beyond date as listed in paragraph 18.00. Joint Participation Agreement (JPA) Exhibit c Page 1 If this project involves construction, the Agency assures that it will: 7. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the original project plans and specifications. 8. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. Joint Participation Agreement (JPA) Exhibit C Page 2 YEAR 2002 FERRY BOAT DISCRETIONARY PROGRAM APPLICATION FORM Date: 2/27/02 FDOT District: Four Grant Recipient Name: Palm Beach Metropolitan Planning Organization Project Description: The proposed ferry system is a private/public joint venture to utilize the Palm Beach County waterway system to promote tourism, increase mobility and create jobs. Palm Beach County, Florida has more than 40 miles of the Intracoastal Waterway that is greatly underutilized as a transportation alternative. All of the major eastern cities, including Boca Rato~ Boynton Beach, Delray Beach, Lake Worth, West Palm Beach, Palm Beach, Riviera Beach, Palm Beach Gardens and Jupiter, have a portion of the Intracoastal Waterway within their municipal boUndaries. This proposal would be the first phase of a Countywide system to link these cities via an integrated water taxi transit system. The proposal includes linking attractions along the watelWay near the Downtown West Palm Beach Central Business District and becoming an integrated connection to the entire Palm Tran system. The service also parallels a major portion of the recent transit study of U.S. 1 for Palm Tran which ineludes increased transit service and improved bus stops with shelters and access improvements. The system would include construction of docks and access facilities at: J U.S. 1 Bridge, Jupiter ~urt Reynolds Park, Jupiter Bert Winters Park, Juno Beach PGA Blvd Bridge,.Palm Beach Gdns Phil Foster Park, Riviera Beach Light Harbor Park, Riviera Beach Flagler Memorial Bridge, Palm Beach Flagler Museum, Palm Beach * Downtown West Palm Beach .Royal Park Bridge, Palm Beach * Southern Bou,levard Bridge, West Palm Beach * Note: Discussions may result in relocation of these sites. The use of bridge areas and parks reduces the costs of implementation since these lands are already in public ownership and require little, if any, right-of-way purchases. The attached map indicates the sites for the proposed docks and facilities. Within this area, there are an appropriate mix of attractions and destinations to make this a successful transit alternative. There are currently 10,200 residents and 23,000 employees that would be within walking distance of the proposed stops. These figures are ./ anticipated to grow to 13,000 residents and 35,000 employees. In addition the proposal would have pedestrian connections to Palm Tran routes 1,2, 31, 40, 41, 42, 43, 46 and the downtown trolley. Note that the downtown trolley has only been operating for about a year and has surpassed 70,000 riders a month on several occasions. The downtown trolley would also connect the waterbus to the Tri-Rail multimodal station providing access to all of South Florida through Tri Rail, Amtrak and Greyhound. ELIGffiILITY: Link on a public road or "the ferry facility is providing passenger service only" The proposal is for passenger service only. The ferry and/or ferry terminal to be constructed or improved is either publicly owned, publicly operated, or a public authority has majority ownership interest where it is demonstrated that the ferry operation provides substantial public benefits. The boats, docking facilities and signage purchased with the funds from this proposal will all be publicly owned by Palm Beach County. These facilities would provide access to the current two private providers of water taxi services and be available to any additional providers should more services become available. The result will be an expanded interconnected ferry transit system. Does not operate in international waters. The services will operate entirely within Palm Beach County, Florida, USA SUBMISSION REQUIREMENTS: 1. State - Florida 2. Counties - Palm Beach County, Florida. 3. V.S. Con2ressional District No.(s): The Districts will be affected are as {ollows: - FL-16 - FL-22 - FL-23 4. V.S. Con2ressional Members by District: FL-16 - Congressman Mark Foley FL-22 - Congressman E. Clay Shaw FL-23 - Congressman Alcee L. Hastings , ' U.S. Senators: Bob Graham Bill Nelson 5. Facility or Project Name - Palm Beach County Water Taxi Facilities 6. Service Termini and Ports - Service will focus on the northeastern Palm Beach County area to Downtown West Palm Beach Area with potential expansion along the entire Intracoastal Waterway System the length of Palm Beach County. See Project Description. This application proposes to meet transportation demands by further diversifying the County transit system by providing scheduled ferry transit service along the most densely populated and developed waterways 7. Ownership and Operation. - The proposal is a public/private partnership. All terminals are publicly owned. The fixed-route service will be privately owned and operated. There is existing water taxi service in the proposed area and there is a waterbus operator currently working in Broward County, Florida It is anticipated that these operators would utilize these facilities to serve the travel demand. Partnerships can also be developed at docking locations where employers and tourist attractions would participate in operating costs of the docking facilities. .8. Current and Future Traffic: It is anticipated the water taxi service would operate consistent with the Palm Tran system and the Downtown Trolley syste~. Service would be provided for a minimum of 15 hours per day from 7:00 am to 10:00 pm with Saturday and Sunday service. Service will be provided year round due to the warm climate. 9. Proposed Work - The project will begin immediately upon notification of Ferry Boat Grant approval. If this application is successful in October 2002, funds should be available by January 2003. Negotiations wo~ld be completed with FOOT, Palm Beach County, and the local municipalities for access and use of the public lands proposed in the application. Construction would follow on the landing sites and signage programs. 10, 11. Leveraging of private or other public funding - A fixed schedule ferry service would not be viable without a public/private partnership. The.proposa1leverages private capital ~here the existing private operators have established a base ridership and support from the hotel, com,mercial, entertainment and tourist attraction industries. The partnership will allow for the ability to reshape the existing on-call, tourist oriented service to include a fixed-schedule, commuter service. A cost estimate for each proposed location has been prepared using information from marine construction rums and current operators. Each proposed dock would cost $20,000. A small shelter to be located at the majority of the stops would include benches and access at a cost of $50,000 each. A large shelter would incorporate bathroom facilities and an attendant area for a cost of $150,000. The proposed parking lot at Southern Boulevard would cost $200,000. The total estimated cost is $1,020,000. A cost summary for each location follows. Large Parking Estimated Location Dock Shelter ~ ....!&L Cost U.s. 1 Bridge, Jupiter Yes Yes 70,000 Burt Reynolds Park, Jupiter Yes Yes 70,000 Bert Winters Park, Juno Beach Yes Yes 70,000 PGA Boulevard Bridge, Palm Beach Gardens Yes Yes 70,000 Phil Foster Park, Riviera Beach Yes Yes 70,000 Light Harbor Park, Riviera Beach Yes Yes 70,000 Flagler Memorial Bridge, Palm Beach Yes Yes 70,000 Flagler Museum, Palm Beach Yes 20,000 Downtown West Palm Beach Yes Yes 170,000 Royal Palm Bridge, Palm Beach Yes Yes 70,000 Southern Boulevard Bridge, West Palm Beach Yes Yes Yes 270,000 Total 1,020,000 Federal Discretionary Request: $816,000 Local Match: $204.000 Total Project 51,020,000 Operating and maintenance costs will be funded by the private sector through hotel and business docking fees, and passenger revenues. 12. Previous FBD Funding - Palm Beach County has not previously received any ferry boat funds. 13. Future Funding Needs - All future funding for Phase I will be met through local sources. Future funding needs will include annual operating costs which will be provided by the operators and new docks and access facilities which will be met by local government or through joint development with Palm Tran. 14. Project Purpose and Benefit - The partnership will greatly benefit the citizens of Palm Beach County and tourists by providing an efficiently linked water based transit system to the local fixed route bus system and pedestrian network. Future phases will include service extensions to the south. Studies of increased transit service needs and extension of the water taxi services will be conducted within two years. \. i.' ,', t c: ,..... ", .', ~'. .r .~'. : .:. r MPO/BBCRA Agreement, 2010 ATTACHMENTD Ferry Boat Discretionary Program 20 " - Ferry Boat Discretionary Program Information Page I bt5 ~ t'C r"",,;-' ,-,":, ,-~c;.:)', ~ . " ,~.. ", - f f'" ~~ , .! r<' ..~- ..... ,,~,,) I,.J , I .t ..J, r,~~ II:!.. II......l.,~"1 FHWA H(lm:~ I r(x~dbac k FHWA Discretionary Programs Search FHWA: ~rd(s) I. r EJ::!WA >> DIscretIonaIY )) Cunent Sollcltallons >> Elm Introduction Program Information Ferry Boat Discretionary Program 'nformation (December 2005) Current Solicitations for Projects Background: Program Summaries & Contacts The Ferry Boat Discretionary (FBD) Program, which provides a special funding category for the construction of ferry boats and ferry tennlnal facilities, was created by Section 1064 of the Intennodal Surface Transportation Efficiency Act of 1991 (19911 STEA, Public Law 102-240). Section 1207 of the Transportation Equity Act for the 21st Century (TISA-21 , Public Law 105-178) reauthorized the FBD funding category through FY 2003. I~ was continued through the Surface Transportation Extension Acts. Section 1801 of the Safe, Accountable, FleXible, Efficient Transportatfon Equity Act A Legacy for Users (SAFETEA- LU) added the program in Section 147 of 23 U.S.C. Recent Awards Statutory References: 2~ U.S.C. 147; SAFETEA-lU Sections 1101{a){13), 1801 23 U.S.C. 129(c) F d' un ana: Fiscal Year 2005 2006 2007 2008 2009 ~mpetltlve'- - $18M '$35M. -$M}M- .$45M. $47M- NHS Set-aside $20M $20M $20M $20M $20M SAFETEA-LU provides $38 million in fiscal year 2005 and an Increasing amount (see table above) In each of fiscal years 2006 through 2009 for the construction of ferry boats and ferry tenninals in accordance with 23 U.S.C.147. Under the provisions of SAFETEA-LU Section 1102(f), Redistribution of Certain Authorized Funds, any funds authorized for the program for the fiscal year, which are not available for obligation due to the imposition of an obligation limitation, are not allocated for the FBD program, but are redistributed to the States by formula as STP funds. Under the provisions of 23 U.S.C. 147(d), $20 million from each of fiscal years 2005 through !.{)09 shall be set aside for marine highway systems that are part of the NHS for use by the States of Alaska ($10 million), New Jersey ($5 million), and Washington ($5 million). The remaining funds are available for funding projects. Federal Share: In accordance with 23 U.S.C. 147{b), the Federal share ofthe costs for any project eligible under this program Is 80 percent. 1.........11..".".. /hUla Ant onvl(Ii~r.Tp.tinnarv/fbdinfo,htm 12/8/2005 Ferry Boat Discretionary Program Information Page 2 of 5 Obligation Limitation: The FBD discretionary funds are subject to obligation limitation; however, 100 percent obligation authority Is provided with the allocation of funds for the selected projects. The obligation limitation reduces the available funding for the program under the provisions of SAFETEA.lU Section 1102(f) discussed above. Eligibility: As specified in 23 U.S.C 147(a), this program Is for the construction of ferryboats and ferry terminal facilities in accordance with 23 U.S.C. 129(c). FBD funds are available for construction/improvement to ferry boats or ferry boat terminals where; . It Is not feasible to build a bridge, tunnel, combination thereof, or other normal highway structure in lieu of the use of such ferry. . The operation of the ferry shall be on a route classified as a public road within the State and which has not been designated as a route on the Interstate System. Projects under this subsection may be eligible for both 'ferryboats carrying cars and passengers and ferryboats carrying passengers only. . Such ferry boat or ferry terminal facility shall be publicly owned or operated or majority publicly owned if the Secretary determines with respect to a majority publicly owned ferry or ferry terminal faCility that such ferry boat or ferry terminal facility provides substantial public benefits. . The Ferry does not operate in international water except for: Hawaii, Alaska, any territory of the United States, and between a State and Canada. The ,set-aside discretionary funds for marine highway systems for use by the States of Alaska-, New Jersey'and Washington-are-avallable for the construction or refurbishing of ferry boats and ferry terminal facilities and approaches to such facilities within marine highway systems that are part of the NHS as set forth in 23 U.S.C. 147(d). Solicitation Procedure: Each year, a memorandum is sent from the FHWA Headquarters Office of Program Administration to the FHWA Division Offices, requesting the submission of candidate projects for the following fiscal year's funding. This solicitation is also posted on FHWA's website at httD:/Iwww.fhwa.dot.gov/discretionary (due to Congress designating all of the FY 2006 FBD funding for specific projects, no discretionary funding remains. Accordingly, FHWA is soliciting applications for only those projects for FY 2006). The Division Offices provide this solicitation request to the State transportation departments, who are the only agencies that can submit candidates. The State transportation departments coordinate with local agencies within their respective States in order to develop viable candidate projec ts. The State transportation departments submit the candidate applications to the Division Office in their state. After the Division Office has reviewed the submission and ensured that the applications meet the requirements. they will send the applications to the Office of ..----__UL.....3:_J:'~ l._ 1 .., /0 /")1\1\1:. . Ferry Boat Discretionary Program Information Page 3 of 5 Program Administration In Headquarters. Applications for FY 2006 are due in Headquarters from the Division Office by JANUARY 20, 2006. The OffIee of Program Administration will review the applications for completeness. Submission Requirements: Because Congress has been fully designating funding for specific projects, the application has been shortened to obtain only the necessary information. Only State transportation departments may submit applications for funding unde,r t his program. The Division Office must submit the applications by electronic mail In MS Word forrilat. 1. State(s) In which the project Is located. If more than one State, Indicate which State is the applicant. 2. County(ies) In which the project Is located. 3. U.S. Congressional District No.(s) In which the project is located. 4. U.S. Congressional Member's Name(s) for each District. 5. Facility or Project Name Use the description In Attachment 1. 6. Service Termini and Ports - Identify If the ferry operates In domestic, foreign or international waters. Describe the ferry boat operation Including the terminal locations, public road connections and name of the water crossing. A statement . must be included for ferry boat operations carrying motorized vehicles, describing the link in the roadway system. Clearly id~ntlfy any ''transit'' ferry seiVIee, and coordinate with the Federal Transit Administration (FTA). 7. Ownership/Operation - Specify which of the following apply (a. b. or c): a. The boat or terminal Is publicly owned. The term "publicly owned" means that the title for the boat or. terminal must be vested In a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentalitY. b. The boat or terminal is publicly operated. The term "publicly operated" means that a public entity operates the boat or terminal. c. The boat or terminal Is "majority publicly owned" (as opposed to public owned). This means that more than 50 percent of the ownership is vested in a public entity. If so, does it provide substantial public benefits? Documentation of substantial public benefits, concurred in by the Division Office, is required for ferry facilities that are in majority public ownership. 8. Proposed Work - Describe project work that Is to be completed under this particular request. and whether th,ls Is a complete project or part of a larger project. 9. Amount of Federal FBD Discretionary Funds Requested - Indicate the total cost of the proposed work along with the amount of FBD funds being request ed for FY 2006 (the maximum Federal share for this program is 80 percent). .' IL"I. ...1~__.L'"_ ,-",,__ 1 ,,)IRl?nni:\ " , . Ferry Boat Discretionary Program Information Page 4 of5 10. Project Purpose & Benefits - Describe the project benefits and purpose, including how the completion of the proposed project will benefit the transportation network. This information should be short and concise (three to five) statements. Language should be used to the extent possible so as to be understood by a reader that is not closely familiar with the highway and ferry boat operations. This item should include a statement concerning the project schedule showing how the work would be commenced in the fiscal year for which the funds are being request ed. If applicable, the expected date when the ferry boat or terminal will be operational. A short statement concerning project planning and coordination should be inc luded. If this is a regionally significant project, a statement about the cooperation with State and metropolitan planning organizations should be included. This information will also be used for briefings and bulletins. State Transportation Agency Responsibilities: 1. Coordinate with State and local agencies within the State to develop viable candidate projects. If the project is a "transit" project coordination with FTA is needed. 2. Ensure the application for the project meets the submission requirements outlined above. 3. Submit the applications to the local FHWA Division Office on an agreed upon date and time so the submission deadline by the Division Office can be met. FHWA Division Office Responsibilities: 1. Provide the solicitation memorandum and this program information to the State transportation agency electronically to facilitate their electronic submission of candidates. 2. Request project applications be submitted by the State to the local FHWA Division Office electronically to meet the submission deadline established in the solicitation memorandum. The Division's request to the State for FY 2006 projects should allow enough time to meet the responsibilities outlined below in advance of the FHWA Headqua rters deadline for receipt of applications 3. Review all candidate applications submitted by the State prior to sending them to FHWA Headquarters, to ensure that they are eligible, complete and meet the submission requirements. 4. Submit the candidate applications electronicallY to pete.ii1ek@fhwa.dot.gov and larry.beidel@fhwa.dot.govinthe FHWA Headquarters Office of Program Administration by January 20, 2006. Include the following with the transmitting electronic message: a. Transmittal statement from the Division Office that they have reviewed the State's submittal and that it meets the submission requirements, along with a Division Office contact for questions concerning the submission; b. State transportation department submission emall or letter to the FHWA 'I........ .//_____ __.n _ __ -'_... __...J..3~__ _....~___ ___.IL'L..3':_.L'"_ L.._ 1"'/O''''f'\I'\~ .. . . Ferry Boat Discretionary Program Information Page 5 of5 Division Office. (This will document that all applications were submitted by the State transportation department.); and c. Each individual applic ation in MS Word as a separate file or attachment. . this page last modified on December 7. 2005 FHWA Home I Discretionary Home I Feedback OFHWA United States Department of Transportation - Federal Highway Administration. Infrastructure http://www.fhwa.dot.gov/discretionary/fbdinfo.htm 12/8/2005 VIII. INFORMATION ONLY: A. eRA Policing Activity Report for the Month of February 2010 and District Statistics for the Months of January and February 2010 .1 1.......~\V/~.'.,:. ""..... If.~ rl"':~;" ~~<1:y~T2~C RA ill East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: March 15,2010 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 February, 2010 and District Stats for Months of January and February 2010. (lnfo.On1y) SUMMARY: Monthly report, providing activity and data on Crime in the CRA District: January 2010: . Crimes - 52 . Arrests - 8 . Calls for Service - 1375 February 2010: . Crimes - 56 . Arrests - 9 . Calls for Service - 1318 FISCAL IMPACT: Cost budgeted in FY 2009-2010 from Project Fund 02-58500-460 CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations RECOMMENDATIONS: Info. Only Boynton Beach Police Department Year-To-Date Crime Comparison Report 2009 , 2010 CRA District FEBRUARY 2010 CRIMES Feb-10 Feb-09 +, - Jan-10 + ,- Y-T-D Y-T-D + ,- 2010 2009 Criminal Homicide 0 0 0 0 0 0 0 0 Sexual Offense 0 0 0 0 0 0 1 -1 Robbery 4 4 0 4 0 8 8 0 Aggravated Assault 4 5 -1 3 1 7 15 -8 Burglary 11 13 -2 11 0 22 27 -5 Larcenv 35 27 8 33 2 68 58 10 Auto theft 2 1 1 1 1 3 2 1 TOTAL 56 50 6 52 4 108 111 -3 CLEARED BY ARREST Feb-10 Feb-09 + , - Jan-10 + , - Y-T-D Y-T-D +, - 2010 2009 Criminal Homicide 0 0 0 0 0 0 0 0 Sexual Offense 0 0 0 0 0 0 1 -1 Robbery 2 2 0 1 1 3 3 0 Aggravated Assault 2 4 -2 1 1 3 6 -3 Burglary 0 2 -2 2 -2 3 4 -1 Larceny 4 5 -1 4 0 8 12 -4 A~t9 tll,ft 1 0 1 0 1 1 0 1 TOTAL 9 13 -4 8 1 18 26 -8 "'-i"~ ,h\.~If~IV' Jlit".lj'~ :" '< " - ""'f , , . i1iiiI1I~"'~~ Feb-10 Feb-09 +, - Jan-10 + ,- Y-T-D 2010 1375 Y-T-D 2009 1534 + ,- 1318 1355 -37 1375 -57 -159 3/8/2010 MONTH: FEBRUARY 2010 eRA Police Team MONTHLY ACTIVITY REPORT 02/01/10 r,' . :"::-;';' - .l" :: :: ::.' ;'; " '4CoD,a:uct~dttafficemo..cement withjnthe Heart, Qf13oyntoIl ~ E~patl'o!sat!illp~artdknowri homeles~l1,a*g;QutswithintheCRA Distijq. ,~PatrolledtheehtiieCRA Distijct invehlcles. '. Conducted traffic enforcement witllinthe CRADistrict -.AsSisted road patrol witp~ans for service . ""<::oD,tinuedo1.trinvestiga~on with CAT West as weUas. a CJ. -o9tnPleteds\lbp()en~,biet with peTsonnel1TomFI>LE as well as the state attorney's office in reference to our : case with theCAIunit ..Officers assisted with the Small Business Deve1opmentProgram at the Sims Center - Continuedjnvestigation with CAT 02/08/10 -Officers qua1ified with their weapons - Traffic enforcement Within the Heart ofB6ynton. -Patrolled the S. Fedet'{l1HighW~y Corridor. - Assisted road p~trolWith Calls for service. - Surveillance at .a target location within the Reartof Boynton - Completed search warrantpaperwork in reference to upcoming search warrant ... Executed a search warrant at 821 NE 1 st St. Recovered 39.7 grams of cocaine as well as seized $850 in illegally obtained money. . ArrestedBIF fot' trafficking in cocaine for the 2nd time in less than 4 months -Patrolled .theFederal Highway Corridor in reference to prostitution complaints . Ane~ted BIM at the 3000 S. Federal Highway for solicitation of prostitution ;.. Extra Patrols at Marina Village, First Financial Plaza and Jaycee Park -Officet'sassisted with the Small Business Oevelopment Program at the Sims Center . Patrolled theS.FederaI ffighWllyCorri\'l<>rm vehicles. i/10 Patrolled theHeartofl:\<>ynton in Vehicles. .,,~~eil1aqceatrwotaTget locations in the Hem <>faoyl1ton t . - Assisted road atrolwith calls for ~ervice to iIiclude assistin attempted murder of a law enforcement officer suspect Extra patrols at all mayoral race signs located at Gateway and Federal as well as 500 S. Federal Highway - Attended a Prostitution Workshop at the West Palm Beach Police Department. - Provided security for the Ocean Ave concert ,,~Officers assisted with the Small.Business Development Program at the Sims Center .. Patrolled the entire CRA District in vehicles. 02/22/10 - Surveillance at a target location along the S. Federal Highway Corridor. ~ Extra patrols at Boat Club Park, Intracoastal Park, Jaycee Park, Gulfstream Mall, Marina Village, and all major political campaign signs located within the CRA District. - Traffic enforcement within the Heart of Boynton .. Surveillance at a target location along the S. Federal Highway Corridor. - Assisted road patrol with calls for service - Extra patrols at Gulfstream Mall, Marina Village, and all major political campaign signs located within the CRA District. - Traffic enforcement within the Heart of Boynton. - Worked with CAT West with ongoing investigation within the CRA District - Officers assisted with the Small Business Development Program at the Sims Center Misdemeanor Felony Citations Warrant Arrests Charges Filed Warrants Executed I TOTAL ARRESTS ~- 119- W- I~ []I] Cocaine L 46.4gm Methamphetamines I Marijuana .~ Heroin I Schedule II I~___ Schedule 1Il I Schedule IV I ... -,--- Guns i 1 Cash Vehicles I 162.00 2 VIII. INFORMATION ONLY: B. Public Comment Log Monthly Update 2/17/2010 Emai1 to City Manager Kim Lindsay-3207 Karen Drive, Delray Beach, FL 33483 Paul Murray- paulea2004@bellhsout h.net Not given Not given 2/17/2010 Email 2/18/2010 Phone call Janete Reis-Select Coatings - 3300 S. Congress Ave., Boynton Beach, FL 742-3202 2/18/2010 Email Valerie Pleasanton- ACE Hardware valerieol@aol.com Walmart Opposed to a 24 hr. Walmart N/A Requests that Executive Director Seacrest Blvd. and Jeff Livergood be cleaned up replied via email She is extremely happy with the Small Business Dev. Program Classes and feels it should be mandatory for all small businesses N/A Executive Director responded by email and by follow up letter. April Majoy Concerned referred Mr. Todd about excessive to the Public Works trash in his Department at the neighborhood City; and suggested and frustrated that he ask about that he has been any neighborhood unsuccessful at clean-up programs resolving this that may be 3/5/2010 Phone call Jim Todd 699-8496 issue on his own available. Page 1 of2 From: Bright, Lisa Sent: Thursday, February 18,20109:13 AM To: Bressner, Kurt Cc: Taylor, Jerry; Hay, Woodrow; jreguez@aof.com; Ross, Marlene; Wetland, Ronald SUbject: RE: WsJmart Proposal Federal Highway South Boynton Hi Kurt, Thanks for keeping me in the loop. This lady is a resident of Delray Beach; so I will put her email on the CRA Board's "CRA Complaint Log: Lisa From: Bressner, Kurt sent: Wednesday, February 17, 2010 10:15 AM TOl BrIght, Lisa; 'blHwrftes2@com<:aSt.net' SUbject: FW: watmart Proposal Federal Highway South Boynton Info. Keeping you in the loop as you did not receive. Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) http://w_~-,b.!!Y!J!Qn: beach.org From: Delrayklm@aol.com [mallto:Delrayklm@aot.com] Sent: Wednesday, February 17, 2010 10:05 AM To: Bressner, Kurt; Taylor, Jerry; rodrtguez@bbfl.us; Hay, Woodrow; hay@bbfI.us; Ross, Marlene SUbjectl Walmart Proposal Federal Highway South Boynton Dear Mayor, City Manager and City Commissioners, I attended the City CommIssion meeting on Feb. 16th, 2010. I was struck by Walmart's Attorney's tone when stating emphatically what Watmart won't agree to. I only wish Boynton Beach could stand up to them, or chose to stand up to them, in stating what they won't agree to as a Commission. Every single citizen that spoke at the Public Hearing stated that they were opposed to a 24 hr. operation and that there was no need for such in our area. I can't emphasize enough that whether they were for a Walmart Of opposed to the Walmart, they stated that the 24 hr. stipulation needed to be dropped. Walman's response was that they wanted fair competition. Fair competition is that there isn't a single estabHshment anywhere near the 2/18/2010 Page 2 0 f 2 location within miles and maybe cities that is open 24 hrs. other than possibly pharmacies. They're simply wrong. I wish Boynton Beach would have the backbone to tell them "NolI to this condition as every single citizen that spoke said "NO.II We're desperately concerned about the crime, traffic and noise that would go on all night long in our back yards. Yes, we're happy that the strip joint, bar and trailer park are out of the area. I can't understand why you are adamant to bring a low end retail chain in their place. You've ignored the crime statistics, the traffic statistics, the environmental statistics, and the peoples' concerns. We're told that most of the conditions have been met and that no one can understand why we're not jumping up and down to get a Walmart in our back yard. I hope that today you review the record and pay close attention to the speakers on the public's behalf last night. In my opinion, they were excellent and deserve to be reviewed for their merit and followed up on where beneficial to the "win, win concept." I would think the last thing Boynton Beach would be remembered for would be rushing a midnight approval of a project that ends up being another "I told you SO," when the exact problems surface that the public warned of at the February 16th,2010 Commission meeting that lasted past midnight. Please stand up to Walmart now as when they're in their new location they'll use every single legal means to make Boynton bend to them. Thank you for your time, Kim Lindsay 3207 Karen Drive 2/18/2010 Page 1 of5 From: PauJ Murray [maltto:pautea2004@bellsouth.net] Sent: Th\lfSday, February 18, 2010 8:26 PM To: Bright, Usa Subject: FW: SEACREST BLVD From: Paul Murray [matlto:paulea2004@bellsouth.net] Sent: Thursday, February 18, 20108:19 PM To: 'LIVergood, Jeffrey'; 'Bright, Lisa' SUbject: RE: SEACREST BLVD JEFF, WE KNOW THAT YOU HAVE BEEN TRYING YOUR BEST FOR YEARS AT THIS. I AM NOT NEW TO THE AREA. THE TRUTH IS ON THE COUNTY PART ADDIE GREEN WAS NEVER CONCERNED AT All ABOUT THE AREA SOUTH OF BOYNTON BEACH BLVD. WE HAD INVITED HER MANY TIMES TO MEET WITH US AT THE FOREST PARK ASSOClAnON AND ALWAYS BACK OUT LITERALLY AN HOUR BEFORE THE MEEnNGS. WE WERE TOLD FLAT OUT WHEN SHE LEFT THE FUNDS LEFT. THE NEW COMMISSIONER SAME WAY. IF WE LOOSE THE GRANT THIS TIME, THEM I GUESS WE AS AN ASSOCIATION WILL HAVE TO MARCH IT UP TO THE COUNTY COMMISSION HEARING S AND CAll OUT THE TV STATIONS AND MAKE SURE THAT OUR POINT IS OUT THERE. I WAS ALSO TOLD FROM THE LAST MEETING THAT YOU ARE DOING YOUR BEST AS TO THE TRAFFIC CONCERNS IN THE AREA. IT TOO IS 2/19/2010 Page 2 () j ) VERY FRUSTRATING FOR US HERE IN THE AREA, ESPECIALLY AFTER THE LITTLE GIRL ON THE NEXT BLOCK. WAS KILLED. THE ONE THING THAT I AND OTHERS HAVE DONE IS CALL THE SCHOOL BOARD CONCERNING THE RATE OF SPEED THAT THE SCHOOL BUSSES HAUL IT UP ON 8TH AND 9TH AVENUE'S. THAT TOO HAS FALLEN ON VERY DEAF EARS FROM THE SCHOOL BOARD. WE PLAN ON TAPPING INTO THE PRESS IF THAT IS NOT STRAIGHTENED OUT SOON. IT HAS BEEN THIS WAY FOR YEARS AND THEY PAY ZERO ATTENTION TO THE SPEED SIGNS. WE HAVE ALSO BROUGHT UP WITH THE POLICE AND THEY TOO ARE DOING THE VERY BEST THAT THEY CAN. IN ADDITION, I SAW COMING HOME THAT ONE OF YOUR STAFF WAS FIXING THE SPEED SIGN ON OUR STREET@ SW 8TH AND SEACREST, THANKS. IN CLOSING I & THE NEIGHBORS KNOW THAT YOU LIKE OTHERS IN OUR CITY THAT DO NOT SET POLICY, BUT MUST ACT ON THAT POLICY ARE DOING THE VERY BEST THAT THEY CA. WE ARE JUST TIRED IN THIS AREA OF THE RUN AROUND AND THE BLAME GAME 2 THE TOP OF THE COUNTY AND THE CITY. SINCERELY, PAUL MURRAY Have a Good Dayl!! Paul Murray, Enrolled Agent Enrolled to Practice Before the IRS Federally Authorized Tax Practitioner Phone:561.737.8928 '~nrolled Agents are Federatly_Ayth_Qri~Etd T~)( PractitiQl1eI$~I1!;L~Je LE)QYlat~ubY_lt:1eJ1nited States Treasury Department", IRS CIRCULAR 230 Required Notice - IRS regulations reqUire that we inform you as follows: Any Federal tax advice contained in this communication (including any attachments) is not intended to be used and cannot be used, for the purpose of (i) avoiding penalties under the Intemal Revenue Code or (II) promoting, marketing or recommending to another party any transaction as tax-related matter(s). CONFIDENTIALITY NOTICE: This transmission contains information from Paul Murray, EA which may be 2/19/2010 Page 3 of 5 confidential or privileged. This Information is Intended solely for the use of the individual or entity named above. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or any other use of the contents of this e-mail Is prohibited. If you received this electronic e-mail in error, please notify us immediately. From: Livergood, Jeffrey [maUto:LlvergoodJ@bbft.us] s.nt: Thurscl8y, February 18, 2010 1:23 PM To: BrIght, Lisa; ~tIsoUth.net SUbjeCt: RE: seACR!ST BlVD Mr. Murray, You are correct In a number of your observations. There have been failed attempts in the past but we are moving forward, First, Seacrest is a County maintained highway. As such, the County is responsible for all infrastructure on this street. This would include pavement, curbing, sidewalks, etc. The City, however, can choose to upgrade things like landscaping with County permission. Any upgrades would require a funding source. Last year, Commissioner Rodriguez had identified a County funding source from a County Commissioner to place palm trees along Seacrest, south of Ocean. We were pleased and ready to move forward with planting. The County was going to purchase the trees and the City would then plant and maintain them. Frustratingly, that funding source ultimately did not materialize. As a result, City staff researched other grant alternatives because we did not have funds budgeted for this purpose. We found a 50% match program and this past Tuesday, the City Commission authorized staff to apply for a grant to plant 91 palms on Seacrest from Ocean to Woolbright. We will know In the next four to five months whether or not we will receive this grant. We are all hoping to get the grant because we too want to enhance the area. If you need additional Information, I would be pleased to help. Jeff Jeffrey R. Livergood, P.E. Director of Public Works and Engineering City of Boynton Beach, Florida 561.742-6201 Please note that City HaM office hours are 7:00 - 6:00 pm, Monday through Thursday. Pleose be aavls<<i thot Florida/,os a broad public records 1(f'W and all correspondence to me via emai/may be subject to disclomre. Under F/orl(/{( records [((W, ema;[ addresses are public records. Therefore, your e-mail commw,icatlolf and )'Our e-lHafl crddtY!Ss mO)' be subject to public disclosure. From: Bright, Lisa Sent: Thursday, February 18, 2010 10:38 AM To: 'pauIea2004@beflsouth.net' Cc: livergood, Jeffrey 2/19/2010 Page 4 or :\ Subject: FW: SEACREST BLVD Dear Mr. Murray. The Forest Park Community is adjacent to Sea crest Boulevard, but only four block are encompassed within the CRA District. The four blocks would be incorporated into a larger Capital Improvement Roadway Project with the County or the City not driven by the eRA I have copied Jeff Livergood, Director of Public Works. on this email so he would be able to advise you of any planning activities in the City's Capital Improvement Budget for southern portion of Seacrest Boulevard south of Ocean. There was a public discussion in October 2008 about this portion and I do not have any current information. Additionally, County Commissioner Steve Abrams has been very responsive to many of our needs here in Boynton Beach. So I suggest you contact Gall at 355-2204 to set a meeting with him in his Delray Office to personally your concerns. In the meantime, if you need any additional information contact me so I can track it down for you Sincerely, Lisa A. Bright Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 From: Paul Murray [maUto:paulea2004@bellsouth.net] sent: Wednesday, February 17, 20107:14 AM To: Walsh, Margee SUbject: SEACREST BLVD DEAR MS. WALSH, IT IS VERY APPARENT TO US THAT LIVE SOUTH OF OCEAN BLVD IN THE SEACREST BLVD AREA THAT THE CITY, THE CRA & MOST OF ALL THE COUNTY COULD CARE LESS ABOUT HOW OUR AREA LOOKS. WE HAVE HAD ALL SORTS OF PROM18ES AND EXCUSES THROUGH THE YEARS AS THE CITY HANDS IT OFF TO THE COUNTY, THE COUNTY HANDS IT OFF TO THE CITY & ALL OF A SUDDEN SINCE OUR COUNTY COMM18SIONER "QUIT" THERE IS NO MORE MONEY FOR WHAT WAS PROMISED TO CLEAN UP AND MAKE THE BLVD NOT LOO,K L.Kf: THE DUMP THAT IT DOES NOW AND HAS BEEN SINCE WE MOVED HERE IN 1995. SINCERELY, 2/19/2010 PAUL MURRAY RESIDENT OF FOREST PARK HOMEOWENS ASSOCIATION. 2/19/2010 Page 5 of5 Page j qf 2 Bright, Lisa Bright, Lisa Friday, February 19, 20105:15 PM 'valeriepl@aol.com'; Taylor, Jerry; Hay, Woodrow; jreguez@aol.com: Ross, Marlene; Weiland, Ronald; Bressner, Kurt; JCherof@c/tyatty.com SubJect: RE: Walmart East and CRA funds From: Sent: To: From: valerlepl@aol.com [mallto:valer/ept@aol.com] Sent: Thursday, February 18, 2010 10:40 PM To: BrIght, Lisa; Taylor, Jerry; Hay, Woodrow; jreguez@aol.com; Ross, Marlene; Weiland, Ronald; Bressnet, Kurt; JCherofOdtyalty.com Subject: Walmart East and eRA funds Dear Lisa, I have major concerns after leerrnng that you (and the CRA board) are giving CRA funds coltected from local bUSineSSes to Walmart to help fund the Eastside Walmart store. As a local (downtown) business owner, I find that it is sad and ironic that you are taking from the poor to give to the rich! I made a recommendation to the CRA Board's approved Federal Highway Corridor Plan (commercial) Downtown Master Plan (Brownfield Designation) and Economic Development (see attached) I am not sure what you mean about eRA funds collected from local businesses, but my guess is your fees YO\I pay to the City and/or property taxes for your particular site. Since your site is nol redeveloped but an original site, the CRA receives no revenue from your property unless it is redeveloped Any business tax fees. permH fees, etc. are a direct revenue to the City not CRA Walmart recently reported 4Q earnIngs up 22%, while most other rstalfers were flat or down. So not only are you taxing me to support Walmert (owned by some of the richest people In the country), but you are also proudly bringing in a company which will be a direct oompetttor to me and many other local downtown businesses. This is not progress towards a revitalized downtown, instead it is just another nail In the coffin. Again the CRA is not taxing any tocal business for Walmart to come into an existing commercial shopping Center. Lowe's and Home Depot are equidistant to your store and city funds were not collected from local businesses to give to these commercial retailers whiCh would have directly affected your business If you really befieve that we need another Walmart, please allow them to experience the true cost of expansion, including paying their own way without aft of the proposed CRA incentives, waivers, and special treatment. Why not utilize those funds to support the other smaler businesses which Walmart wilfbe competing agelnst. The end result would be a stronger downtown small business base and, I am sure, we will sUlI get the e8stside Wahnart because they do not really need the money to fund their expansion. Per Flo:t-ida State Statute 288.107 the Brownfield Oeeignati0l1 provides lncentivp~, ,t, create jobs. The proposed Walmart ston' at Gulfstl'eam and S. Federal Highway ; r" expected to create 225 new lobEl of which \t;C ',Jill hp F'1'E Thp Ci.t.y '"ill match SC;!l1 2/19/2010 Page 2 of2 for each FTE job to the Office of Tourism, Trade and Economic Development job incentive tax credit of $2,500 per full-time job. The estimated match will be approximately $75,000 or $15,000 per year from the CRA Budget over a five-year period. Our unemployment rate is 11.8% which is 2.1% higher than the national average of 9.7\ AS a final note, we have newly small business programs that provide the following financial support: 1.) Rent Subsidy for new or expanding businesses 2.) Tenant Improvement for interior renovations 3.) Signage Program We also have the Commercial Fa9ade Grant which covers exterior improvements such as landscaping, paving, building architectural changes. I will place your email on the CRA complaint Log and the next CRA Board meeting is March 15, 2010 at 6:30 p.m. in City Hall. Regards, - Valerie Pleasanton, CEO Boynton Ace Hardware 510 E Boynton Beach Boulevard Boynton Beach, Ff 2/19/2010 I~RY~8~ICRA . East Slde"'West Side-Seaside Renaissance February 22, 2010 Valerie Pleasanton, CEO Boynton Ace Hardware 510 East Boynton Beach BJvd. Boynton Beach, FL 33435 Re: SmalJ Business Assistance Dear Ms. Pleasanton: This letter is a follow-up to my entail correspondence on Feblllary 19,2010. One the CRA's goal Is to support small businesses within the CRA District. I have enclosed the following illfonnation of the most recent programs and grants the CRA has implemented to SUPPOlt local businesses: I . Letter sent to all businesses announcing Downtown Economic Mal'ketb1a Program (CRA Business DIstrkt Google Map). Letters were sent May and June of2009. Copy oflettel' sent to ACE Hardware and copy of Ace Hardware listing on Google Map. 2. Palm Beach Post Article - Boynton Beach CRA putting short videos of downtown businesses on line - July 4,2009. 3. Downtown Merchant Mingle -7/30/09 Enclosed flyer was mailed to all businesses within the CRA District. 4. Commercial Fft~ade Improvement Grant Program Application Form (subsidy up to $15,000). 5. Commercial Rent Subsidy Program Application Form (subsidy up to $7,200). 6. Commercial Interior Build-out Assistance Program Form (subsidy up to $15,000). 7. Business Signage Improvement Grant Program Guidelines & Agreement Form (subsidy up to $1,500). 8. Small Business Development Program Flyer amouncing the FREE workshop classes for Boynton Beach residents who desire to start up a small business or accelerate the growth of an existing business. If you need further assistance regarding any of the CRA' s small business economic development programs, please feel fi'ee to call me (561)737-3256. ffj"lY, i),' ~t~ Executive Director 915 South fede..-J Hfchway ~ Beach,F1or/da 33435 Ph: 561.737.3256 Fax: 561.737-3258 '. \ \I. i J/...... 4: . ..~~...'l~,1t-:."- ..., -~, .' ...... - ~. 1,-:>'-:. .'1b:.' , ,:~.~ . '.'er' , · 1;-,':-1~/' ~, \ IIRY~Te~ c 111 East Side"'West S.de"'Seaside Renaissance Ace Hardware #8937F Harry Hatch 510 E. Boynton Beach Blvd. Boynton Beach, FL 33435 RE: Marketing Program Dear Mr. Hatch: Great n&W8nt The Boynton Beach Community Redeve10pment Agency (CRA) is launChing a Downtown Economic Marketing Program, free to an businesses located within the CRA district, to assist you in promoting your products, services and specialties. CRA staff will be contacting you In the next month to set up an appointment to stop by your business for an on-camel'8 interview. This video footage will be edited and linked, along with still photos, contact information and description of your business, to the RCRA Dlstrfct Goog/6 Map," web pages we are creating specifically for this new marketing campaign. Our goal Is to drive customers and business to the downtown Boynton Beach area, and with your help, we wftl make this happen. In the Interim, please be sure to visit our website to learn about opportunities avaflable to you as a business owner, such as the Commerclat F89Ide Improvement Grant Program, at www.bovntonbeachcra.com. Thank you in advance for your tIme and we look forward to your participation in this exciting project I Sincerely, ~ c..flAilJ Usa A. Bright CRA Executfve Director 915 South Federal HighWi\Y Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.com ~) PALM BEACH POST ARTICLE Boynton Beach eRA putting short videos of downtown businesses online By LONA O'CONNOR, Palm Besch Post Staff Writer Saturday, July 04, 2009 BOYNTON BEACH - Nowhere on Lisa Bright's job description does It say "cue card girl." But someone called In sick, so Bright. director of the city's community redevelopment agency, jumped In on short notice for the job, which amounted to holding up a manila file folder on which someone had hand-lettered, "My name IsM and a few other cues. This low-bupget Indle film will probably not show up at Sundance. Itis more of a viral video, or at least that's what Bright and CRA marketing director Margee Walsh are hoping. The idea Is to make short, Inviting videos of downtown businesses and put them up on an Internet site that will lure customers downtown. If beautification and renovation Is the hardware of downtown redevelopment, then projects like this video marketing campaign are the software. Call It CRA 2.0. ~ Chrll SalatalThl POlt April M-Joy (I.1f) end U.a Bright (r/ght), director of Boynton Seach'. eRA, give Kim Kelly, owner of the Hurricane Alley restaurant, help wIth her IIn.. via cue cards while filming an online video. In fact. the building at 531 E. Ocean Ave. that houses the Hurricane Alley restaurant has already received physical Improvements, thanks to grants from the CRA, Including awnings and a wider sidewalk allowing for outside tables In pleasant weather. Situated within sight of the Intracoastal Waterway bridge, Hurricane Alley Is In an area at the east end of the city that boosters hope will be a mini-version of Delray Beach's Atlantic Avenue. At this point, however, the key for any business is to stay economically healthy until the economy revives. And a low-cost marketing Idea Is just the ticket. Hurricane Alley is busy selVlng fish dishes to its regular lunchtime crowd. But owner Kim Kelly, the video's star and narrator, hopes the video of her restaurant will add new customers. ) PALM BEACH POST ARTICLE Boynton Beach eRA putting short videos of downtown businesses online (cont'd) "Hey, get the cue cards right this time," Kelly teases Bright. The video Is free to the 500 or so businesses In the eRA dlstrfcti which Includes the east side of the city, from George Bush Boulevard north to Gateway Boulevard. Once edited, each video wlfl be linked, along with photos and other Information, to a special Web site called the "eRA Business District Goog1& Map." Bright plans to present the project to the CRA board at Its July 14 meeting and roil out the first nine videos on the site In August. The cost to the eRA was about $1 ,COO, IncludIng a vldeocam, editing software and training for CRA marketing and events assistant April Majoy, the vldeoQrapher. Once business owners started noticing the video crew working downtown, they began calling Bright for appoitltments. Kim Kelly, restaurateur, star and narrator, studies her lines nervously. On Majoy's command, "Take One," she Introduces herself and the restaurant. She makes a similar video for Eye of the Storm, her ice cream parlor next door to the restaurant. She stammers, stops, giggles, restarts, then nails her short speech. "Kim, you're doing great, really," said Bright. "You're a naturaL" Boynton Beach eRA Business Map ..J._ IlfWemCRA iii Eal\ Slcle.WtIt Slde-Stldde Ren.tlllance SEARCH DY Ol5TRICT OCEAN AVENUE NORTH FEDERAl HIGHWAY SOurH FEDERAL HIGHWAY WEST BOYNTON BEACH IlLVO EAST BOYNTON BEACH BLVD SEARCH BY CATEGORY Art:hlleclufall Eng/neel1ng I Manufactul1ng Art I Cullurw Auto Beauty I Health I Fltness Boynton Beach Parks ChUdrenl AclMU.. Cormnunlly SeNites Dry CleoollfS EledrOnlcs Florlsts Food I Dining I Enlertalnmenl Gilla I RetlO Shops Home Improvement Jewelers La~m I Gsrden legel , Financial lodging Marketing I Adver1ls1ng I Phologrllphy Medical' DenIal Services MIscellaneous Moving I Storage I Shipping P8WIl Shops Pet. Real Eslale IlnlUrance ReIlglon Sports, Recreltion Transportallon Page 1 of 1 DOWNTOWN BUSINESSES ...WhtH! thl IOC.lle qol ') . ~ rl, ItN-.l...., z'" l i. INfIJIIIM ,/;/1 .. ~,~~ ) I NI;;~,"'" I' i 1NI'\Vl~ ; I ; .... II' 'I t~ ~ 1NI1011oM r NWIIIII"", :~ NIt""....... '.lI. HI,.oM"; I , '. . t. .1," >fUll"'T .1 'I, "'tl/lAow I ~: . .' I ..IIIA.I ,.., , , I . IoN ipi... \ . m ..u,,,,'" It. f~, I, I I. r.-\h'~~ J- Nl""Aot n i.1 ~U"M~! ~ (- -Ml~U"N"la; · 11\D;~ l. ~ ri ''-Ii ':/',jlt.. "ll @>I ;~~~~ I~~l', 111\ II I r ",v,.._ . Clti...' t ~ II I..... l ,<!) Ii .WJ....M '^-'"', II <D. <IE> , \ I. t-IWII'A.o Boynton u",J[u,.~ 1.- 4.....0 II I . g t ,Beach .~~.' 11,/ \I fTl 'U~A." I r 1 'u - .. -,r &I ~ ' . tal j IWWIM'1t r. .....:w_1 ~h.Aoot' ," 'I'''' \ aw...... ~ I -~ J ~I . JS L, .I-. r~...~. . , 't I ~ 1& ~~.. Ii. 1, W1aw...J. III "I I ., L ~ I, ewa.AOt n...."" I CD . 1 \ I ! ~ CWlUl~ SU"AJ' I . ~ I _0. LiS r IWJ.~ tE..,J II ~Ir- -" 'I! ,. . , 1, III ,~l>I"tw . HF' 9N~"" I S\~"Aoor"'A'!1 r 1r<D' ".... j I . I I IW 101'> Aot IiW leu. oW II ,. I f4l t..-.". . I . i! 11 ~ I,,, A' II '", -"..- ! If; tMi:::'lJl VIowQltlrld- !,"lI<Nmn B"",B!Ild'" ""'lI" ITlIp 5lltCT A IlU!II/C3S/VIOEO HI[N Cl1C~ Pili EAST BOYNTON BEACH BLVD AulD MaltIfI'u' Brull1Ju. c.tr W"" k ~ " Beauty I Health I Fllna.1 0'""""",,,, SalOn Commun1ty Selvfcel Ci1y of Boynioo Bn'" City H.tl Food I Dining I Enllrtalnmenl ...,... D~t!lev, & UqUOrl A%nl SUpennal1<fl I!ud'. ChId<.n & sufood orlOllll t<entudy Fn.d CIIId<.n Luct.y Chin... T.kl-Oul Enterptb.. Oce.. "'vonus Gre.. 1.1111<.1 Palm Fo04 & B...r.ge.lne f!,,,,I'. ChM.oaks & 1.1",. TIllO out G<<>d FOOd GIlla I RetaU Shops SIlnI Jaequu Bolanlc:a "'" . !<It Home Improvemenl Iou Hafdlltar. #S91F Bud. COf1>'l1 & Tile.loc. :; Medical I DenIal SeNices Ab...1uI. Pllyllca' Th."P)'. lno. cu.. ChIr<>~ COn'er Palm Bta'" Ey.. 01 Beryn"," eescll Rand.~ Ebl'og DC Mlallneoul WellS 1.1"""".1 Chip" Movlng I Blorage I Shipping ABC RewJ.. In<> Pawn Shops G&C P....... 4 BU)"-Sllllll\op Resl Estale/lnl\lfllnce Gtl1lY AM L"Il\lIn, !eq Vtrlllhlnf LLC BOYNTON BEACH~915 South Federal Hlghwat'!Boynton Beach, Florida 3343SnPhone: 561.737-3256tlFalC 561.737-3256 Sportal Recreation Bcrrnlon Bicycle Shop -) http://www.boyntonbeachcra.com/map/district. php?dstid=5&East- Boynton- Beach-Blvd 2/22/2010 __U__.__ h _ _-_==-~~. ' ;._-:-;.::-..~~~r-!-=--- --------..-- - ~- _- _-,- .~.- __ -_ ----.------- \ ( Would you like to find out about free opportunities available to promote or revitalize your business? Then plan on Joining us at the...... "Downtown Merchant Mingle" mln.gle (m ing' gQI) to mix so that the components become united Thursday, July 30, 2009 5:30 p.m. -7:30 p.m. f-~ Boynton Woman's Club 1010 South Federal Highway Complimentary appetIzers and beverages provided by Ellie's Diner Free valet parking The event will showcase survival strategies available to assist downtown merchants during these tough economic times: . American Reinvestment & Recovery Act (ARRA) . Small BusIness Loan Program . llTry Us" Chamber of Commerce MembershIp . Discounted Palm Beach Post ads for renewing Chamber of Commerce members . CRA Commercial Facade Grants RSVP by July 24 Kathy Blscuiti, 737~3256, ext. 212 www.boyntonbeach.cra JoInt networkIng, partnershIp event sponsored by I' . ~ ae~~~m . JJlfl~e~RA . &,,_-Wt.._-loul...lloNlts.... DoNAlJl I.PORGES CPA, lLC alllIIOfllUCACCOIIlWlI ~e Ozte~ ~~ ,I ,.;-.....\\lff.l,; ~f' '",:~; ~"f:~;'" , I;;",". ~". ..J~,>,"" 'At' ~~", ,. r..:~~~'{!~"--' r. ',. , , ~~~qY~Te~~c . East Side-West Side-Seaside Renaissance 200912010 COMMERCIAL FAQADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount Is $15,000 (Please PrInt Or Type Only. Ute Addltlona' Sheets If Nece.SIlry) APPLICANT INFORMATION Name of Property Owner: Address of Property Owner: City/State: Phone # Day: Zip Code: Evening: Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, If applIcable): If Different from Property OWner Name of Business: Address of Business: City/State: Zip Code: Phone # Day: Evening: Type of Business: Years of Operation: Number of Employees: Annual Payroll: Number of Employees residing In Boynton Beach: List of Improvements proposed: PROGRAM GUIDELINES The following guidelines are intended to lnfonn a potential grant applicant of the extent and scope of the program. The purpose of the program Is to encourage commercial property owners to upgrade their properties by improving the external appearance of theIr business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, Improve and upgrade appearance of the area, and faci1ltate and encourage redevelopment actMty In the target area. The folfowtng guidelines are applicable to this program: 1. The program Is available only for property located whhln the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached eRA Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, If the property Is currently leased to a tenant, then the Application and Agreement must be Jointly executed by both the owner and the tenant. 3. Eligible Improvements for this program include: . Painting · Shutters . Slgnage (located on the building or the property) . Awnings/canopies · Decorative exterior fa9ade Improvements . Exterior Ooorslwlndows . Landscaping around the building · Irrigation . Parking lot re-paving, re.seallng, r&-striping · Exterior Lighting · Patio or decks connected to the buildIng · Exterior wall repairs (e.g. stucco, brick or wood repaIrs and replacement) . ADA Improvements 2 4. All work .mYIt be in compliance with applicable Boynton Beach Building Codes and all contractors JDJ.IIl be licensed in Boynton Beach/Palm Beach County. If the Appllcant(s), Installs enhanced landscaping and or signage It must be in accordance with City Ordinance No. 98~43 < 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible fagade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds. Example: Total project costs: $18,000.00 Applicant funds expended: $18,000.00 CRA reimbursement: $ 9,000.00 6. The FaQade Grant program will honor expenditures completed up to 90 days prior to application. improvements underway and proposed improvements. 7. The FaQade Grant program may only be used one time In any five year period for anyone property. Properties may re-apply for additional grants any time after five (5) years from previous grant approval. Project phasing of up to two years can be requested. 8. The property owner, or tenant If applicable, must complete the fa9Qde improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the faQade Improvements in a timely manner will result In the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 9. Disbursement of grant funds shall only occur if the following conditions are met: a. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City Building Department (if applicable). b. CRA has received copies of final .pald In fullM vendor/contractor invoIces. c. CRA has received copies of final inspection approvals for all permit required work. c. Entire scope of work for eligible Items Is completed. d. Applicant provides "After" photos. 3 APPU~A TION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256. 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to ensure that their submitted application Is properly time stamped to document receipt by the CRA. 3. Appropriate grant program documents wtll be prepared and submitted by the applicant. CRA staff wm then present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month and the appHcant will be notified of grant approval by regular man. 4. The eRA will administer the Commercial Facade Improvement program and funding. In addltion to the appropriate City building Inspections, the CRA will inspect the work to determine the satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and understand all aspects of the FaQade Grant Program Agreement, Including Program and Reimbursement Regulations. 7. Application to this Program Is no guarantee of funding. Funding Is at the sole discretion of the CRA Board. PROJECT INFORMATION Describe improvements to be done to the property. Attach the folloWing Items: . Project work write-up{s) describing In detail the scope of the project, . Plans or sketches if applicable, . Site plan and plant list for landscape projects, . Third-party cost estimates from three (3) licensed contractors, · Estimated time nne, · Evidence of flnancialablllty to pay for the project (approved loan, cash account, line of credit, etc.), · A minimum of four (4) 3. x 5" color "before" photos of the project which must include .public views", · Signage design with colors & materials proposed if applicable, · Project color chips I material samples if applicable, . And material specifications. Applicable documents must be attached for the Application to be processed. 4 By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Witness (Date) Property Owner (Date) (Property owner's signature must be notarized) Witness (Date) Tenant/Business Owner (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared produced , who Is personally known to me or as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned In It and that the Instrument is hlslher act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of ,20_, NOTARY PUBLIC My Commission Expires: 5 . East Side"'West Side...Seaslde Renalssance 2008/2010 COMMERCIAL FAyADE IMPROVEMENTS GRANT PROGRAM PROG'RAM AGREEMENT PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demoUsh the new fac;ade for three years, commencing at the time final inspect10n by the CRA is completed. If violated by the appHcant, the CRA may choose to require grant fund repayment, enforced by property lien. 2. The CRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way wilt also be considered. 3. A minimum of three (3) inspections by the CRA may be required. Those CRA inspectlonsare (1) before starting work, (2) during work and (3) ffnallnspectlon. More inspections may be required by the CRA. It Is the sole responsibtlfty of the Applicant to schedule Inspections with the CRA. These Inspections in no way are substitutes for required City Building Code Inspections and compllances. 4. The property owner, or tenant If applicable, must complete the faQade improvement project and submit for reimbursement wfthin 120 days of the grant award. FaRure to complete the faQade Improvements In a tImely manner wHl result In the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS 1. This program is designed as a relmburaem,nt grant. That Is, all work must be done and paid for by the AppUcant, prior to the CRA's funds being released. The CRA will provlde reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation wtll consfst of (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppflers and licensed contraetor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item win be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Appbnt shall 1 warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re-Imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color Uafter" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Applfcatlon and the "during" photos. 3. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed IB!I: the grantee has received notification that the Grant Application has been approved by the CRA. 4. Grantees may not submit fa98de work improvements for reimbursement which have been used as reimbursement requests In any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Fa98de Grant program will only honor new expenditures that have not been submitted under other grant programs. The Faltade Grant program may only be used one time In any five year period for anyone property. Properties may re-apply for additional grants any time after fIVe (5) years from previous grant approval. 5. Grantees shall grant the CRA andlor the City of Boynton Beach the rights and use of photos and project application materials. Witness (Date) Property Owner (Date) Witness (Date) TenanVBusiness OWner (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an offtcer duly authorized by law to administer oaths and take acknowledgements, personally , who Is personally known to me or produced as Identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned In It and that the Instrument is his/her act and appeared deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal In the State and County aforesaid on this day of ,20_. NOTARY PUBLIC My Commission Expires: 2 (.... Boynton Beach eRA r (.... . .....~~.t . . /. rx;;,,,., ,~-:~~\ . ~~~~Y~e~rCRA Ii East Slde~West Side~Seaside Renaissance 2009-2010 Boynton Beach CommuDity Redevelopment Agency Commercial Rent Subsidy Program The eommercial Rent Subsidy Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA District. The program is designed to provide fU'1at1Cial assistance to new and existing businesses in the form of a rent subsidy intended to help businesses during the critical first year of operation. Pro.,ram The Commercial Rent Subsidy Program offers filWlcial assistance in the form of rent payment subsidy of far up to half of the business's monthly rent or $600.00 per month (whichever is less) for the fll'St twelve months of a multi-year lease. The maximum total subsidy pet' business is $7,200.00. Commercial Rent Subsidy Program funding may be budgeted annually and awarded on a first- come, fIrSt-served basis, All applications are subject to CRA Board approval. Making application to the program is not a guarantee of funding. EDl!ibiUtv Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the eommercial Rent Subsidy Program: 1. The business must be located within the eRA District's eentral Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). 2. The business must be properly licensed to operate within the eity of Boynton Beach and Palm Beach eounty. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defmed as being in operation for more than three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have an executed multi-year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W.2 or 1099 contracted employees whose wages are reported to the state and federal government; a Page 1 of4 T:\PROORAMS &. ORANTS\ConnnerclaJ Rent Subsidy Program\Approved Commercial Rent Subsidy OuidelinC5.doc po$ition occupied by the business owner may count toward one of the required job positions. The following businesses will be considered automatically ineligible for assistance under the eommercial Rent Subsidy Program: a. Businesses that employ less than two full-time equivalent W-2 employees or 1099 contracted employees. b. Businesses who do not report employeest wages to the State of Florida Department of Revenue. C. New businesses identified as a "convenience store" or "adult entertainment" use. d. New businesses using a DIBI A that has been used by another business within the past twelve (12) months. Grant Terms and Conditions A commercial lease must define the landlord-tenant relationship and at minimum provide the following infonnation: . A description of the space being rented including square footage and a drawing of the space. e Description of utilities that the tenant is responsible for. · Rental rate and deposits along with terms of lease and methodology for future rent increases. · Responsible party for interior and exterior repairs and/or improvements. · Insurance requirements. · Ability to tenninate. . Consequences of default on the lease. Rent subsidies will not be paid until all construction has ended, occupational license is issued and the business in open for operation. The CRA will make monthly rent subsidy payments directly to the landlord in the amount of the approved. grant. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor, the eRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. The Commercial Rent Subsidy program may only be used one time by anyone specific business entity or business owner Page 2 of4 T:\PROORAMS & 0RANT~1aI Relit Subsidy Prop'Im\Approved Clll!IIIlC\'ClaI Rent Subsidy OuldcliDcs.doc The eRA reserves the right to approve or deny any eommercial Rent Subsidy Program application and to discontinue payments at any time if in its sole and absolute discretion it detennines that the business will not further the goals and objectives established for the economic development of the eRA District. The receipt of past payments is not a guarantee of future subsidy payments. Procedures for AUDlicatioD aQd ADuroval Application Process All applicants are strongly encouraged to meet with CRA staff in order to detennine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the eRA office. Application packets must include the following documentation: . Completed and signed application. . eopy of all business and occupational licenses. . eopy of the corporate documents for the applying business entity. . eopy of executed multi-year commercial lease agreement. . Landlord SSN or Tax ID. . Business plan, including executive summary and three-year financial projections of revenues and expenses. . Two (2) years of audited financials and corporate tax returns (for existing businesses only). . Two (2) years of tax returns for the owners of a new business. . Qualifications, experience and track records of business owners. . List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. Approval of Funding Request - Once eligibility is verified and all required documentation has been submitted, eRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month and staff will notifY the applicant and landlord of approval or denial in writing. Rent Subsidy Payments - Rent Subsidy payments will begin at the beginning of the first full month that the business is open for operations subsequent to eRA Board approval. Payments will be mailed directly to the landlord on a monthly basis. A maximum of twelve (12) consecutive monthly payments may be made. Page 3 of4 T:\PROORAMS & ORANI'S\Commerclal Rent Subsidy Pf08I'8III\Approved Commerolal Rent Subsidy Ouldelines,doe Site Visits - CRA staff will conduct a site visit before subsidy payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the tenns of the grant agreement. Reporting - By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with each quarterly Florida Department of Revenue Employers Quarterly Report (UCT -6) during the time period the subsidy payments are being made. Failure to provide the reports to the CRA within two weeks ofllie date they are submitted to the Department of Revenue will result in immediate disqualification from the Program. Discontinuation of Payment - The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent subsidy payments at any time according to its sole and absolute discretion. Page 4 of4 T:\PllOORAMS &; ORANTS\Commcrcid Rent Sublicly PJosntm\Appnwell Cotnmercial Rent Subsidy Guidelines.doe , , ~~~~Y~Te~~CRA Ii East Side~ West S'lde~Seaside Renaissance 2009-2010 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Application (Please Type or Print Only - Use Addltlona' Sheets If Neees..ry) Applicant Name: Applicant Mailing Address: Business Name (D/B/A if applicable): Business Address: Phone: Email: Fax: Fed 10# Time at Location: Monthly Rent: Do you have an executed lease agreement: Yes_ No_ Landlord Name: Landlord SSN/EIN: Landlord I s Mailing Address: Was this business previously located at another site:Yes_ No Dates: Previous Business Address (if applicable ): New Business: Yes_ No_ Existing Business: Yes_ No_ Type of Business: Number of Employees: Hours of Operation: Are you applying for grant assistance W1der any other program offered by the eRA: Yes_ No_ If yes, what additional programs are you applying for: Boynton Beach Community Redevelopment Agency 915 S. Federal Highway. Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 56 t -737.3258 Page 1 of2 Are you receiving grant assistance from any other governmental agencies: Yes_ No_ If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certifY that all infonnation presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifieS that he/she is aware of the fact that helshe can be penalized by fIne and/or imprisonment for making false statements or presenting false information. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute detennination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential infonnation given herein. I further grant pennission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the infonnation furnished in support of the application are found to be incomplete, it will not be processed. Applicant's Signature Date Printed Name Title Applicant's Signature Date Printed Name Title Boynton Beach Community Redevelopment Agency 91S S. Federal Highway, Boynton Beach, FL 33435 Office: S61-737-3256 Fax: 561-737-3258 Page 2 of2 ~~RY~T8~ICRA iIIi East Slde~West Slde~Seaslde Renaissance 2009-2010 Boynton Beach Community Redevelopment Agency Commercial Interior Bujld-out Assistance Program The Commercial Interior Build-out Assistance Program is designed to help facilitate the establishment of new businosSos and aide in the expansion of existing businesses within the CRA distdct. The program is designed to provide fmanclal assistance to new and existing businesses In the form of a subsidy intended to reduce a business's initial costs associated with the constmction (00 interior finishing of a new or expanding location. Applicants may be eligible for up to $15,000 to assist with the cost of commercial interior construction or renovations. The amount of funding is determined by the number of jobs created by the applicant. Bach fuU..fUne equivalent job created is worth $5,000.00 in funding assistance from the eRA with a maximum grant award of$15,000. Businesses applying for fmancial assistance with the cost of interior build out must receive City of Boynton Beach Development Depaltment and Building Department building pmnit approval. Protrram The CommeroiaJ Interior BuUd-out Progl'8m offers fl118Ucial assistance in the form of a l'Cimbursable grant to the landlord 01' business owner for eligible expenses associated with the construction or renovation of the b1teriol' elements of the operating space. Items eligible for funding under the pl'Ogram are limited to: 1. Interior walls 2. Interior plumbing 3. Interior electl"ical system including lighting 4. HV AC system 5. Flooring The Commercial Interior Build-out Program funding may be budgeted annually and awarded on a fll"St-come, first-served basis. All applications are subject to CRA Board approval. Making application to the program is not a guarantee of funding. EUlflbWtv Reo'uirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Interior Bultd-out Program: 1. The business must be located within the CRA District's Central Business Core, Federal Highway Corridor or Heart of BoyntOfi areas (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. Paae lof4 TMIlOORAMS & ORANTS\Commerolal tlllerlor B\Iild.OIIt Aa1tIInce Proalam\AJlIlroved Interior Build-out AhiIt1mo Program CNt*llftes.doc 3. A new business venture is defmed as a company in operation for less than six months. 4. An existing business is defined as boing in oporation for a minimum of three years at the time of application. S. An matins business must expand to occupy morc than fifty percent (50%) or its current: square footage size. Verification of this threshold must be provided in the application paokage. 6. AppBoant must own tho building It plllD8 to operate within or It must have an executed multi-year lease (two Yell' minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W-2 employees or 1099 contracted employees whose waps arc reported. to the state and federal government; a position occupied by tho bustnoss owner may count toward one of the required job positions. The following businesses wil1 be considered automatically Ineligible for assistance under the Commercial Interior Build-out Program: a. Businesses that employs less than two fUU.time equivalent W-2 employees or 1099 contracted employees. b. Businesses who do not report employeets wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainmentU use. d. New businesses using a DIBI A that has been used by another business within the past twelve (12) months. Grant Terms and Conditions A commercial lease must define the landlord-tenant relationship and at minimum provide the following information: · A description of the space being rented including square footage and a drawing of the space. · Description ofutllltiea that the tenant is responsible for. · Rontal rate and deposits along with tenns of lease and methodolol)' for future rent increases. · Responsible party for interior and exterior repairs and/or Improvements. . Insurance requirements. · Ability to tcnninate. · Consequences of default on the lease. Pap2oC4 TftOORA.N! ~~ bIterIor Baikf..out AaIItIIIeo Pqnm\A.ppnmd Iatorlor Bui14-out AsIiIcnce Propn OuIdeHnes.dGc The CRA reservos tho rilht to approve or deny any Commercial Interior BuUd-out Prosram application and to discontinue payments at any tlmo if In its sole and absolute discretion it detonnines that tbe business wilt not further the goals and objectives established for the economic development of the eRA District. Procedurea for ADDIla.tloll and J\poroval ApplleatJoa Proeeas - All applw.nts are strongly encourasod to meet with CRA staff in order to determine eligibility before submitting an applloation. Fundina requests will not be considered until aU required documentation is submitted to the eRA office. Application packets must include the fonowing documentation: · Completed and signed application. . Copy of aU business and oceupationallicenses. . Copy of the corporate documents for the applying business entity. · Copy of executed multi-year commercial lease agreement. . Landlord SSN or Tax ID. . Business plan, including execlltive summary and three-year financial projections of revenues and expenses. · Two (2) years of audited financials and corporate tax returns (for exlstlng businesses only). . Two (2) years of tax returns for the owners of a new business. · Qualifications, experienoe and track records of business owners. · Copy of design and construotion plans assooiated with the proposed improvements. · List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. Approval of 'uad" Request - Once elipbUity is verified and all required documentation has been submitted, eRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month and staff will notifY the applioant and landlord of approval or denial in writing. Site Visits - CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Expense Relmbunement - This prosratn is designed as a r~b.1 -t arant. That is, aU wotk must be done and paid for by the Applicant, prior to the CRA's funds being released. The P.3of4 T:\Pl()Q!tAMS It OUNTS\ColI\metcltllaterlor BuIIcklIIt AaItIIaoe l'ropanMpproved tattrl\!\' BulldoGllt ~ l'ropmI ()u(clelUles.cIoc eRA wilt provide reimbursement to the grantee upon submittal of a complete Reimbursement Request packagc. The property owner, or tenant if applicable, must complete the interior fmprovoment project, obtain a Certificate of Occupancy (CO) from. the City of Boynton Beach and submit for reimbursomcnt within 180 day. of the grant award. Failure to complete the improvements within the speclfled timefi'ame will result in tho proporty ownor, or 1enant if applicable, losing the grant reimbursement opportunity. The Board may con.icler time extensions. Relmbunemen.t Request shall be summarized in 8 report and accompanied by proper dooumontation. Proper documentation will consist of: (1) Project accounting including invoices, receipts or other acceptable evldonce of payment from suppliers and licensed contractor(s) that have been marlc:ed "paid" with a "release of licntJ signed by each. Proposals for ('work to be completed" or "bids" are not considered proper documentation. Each item win be supported by a canceled check showing the face of the check, as well as the back of the canceled checkl (2) Applicant shall wamnt that all bills related to the Project are paid in full includingl but not limited 101 all contraotors, subcontracts, labor, materials, related fees and pcnn1ts, and (3) Application for reimbursement shall provide a minimum of four 3"X$" color ,cdurlng" photos and a minimum of four 3"xS" color "after" photos of the Project. Photos should be from approximately the same position as the cC})eforetJ photos submitted in the Applloation and the ((during" photos. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been perfonned aIlK the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed prior to receiving grant approval is ineHgible for reimbursement.s Grantees may not submit work improvements for rehnbursemcnt which have been used as reimbursement requests in any other grant propm offered by the C~ City, Palm Beach County or the State of Florida. The Commercial Interior Build-out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior BuUd-out Assistance program may only be used one time in Ifty five year period for any one specifio commercial unit or business entity. Businesses are limited to one Commercial Interior Build-out Assistanco Program award. Grantees shall allow the CRA the rights and use of photos and project application materials. Reporting - By accepting the grant, the applicant agrees to comply witli the reporting requirement of providing the CRA with each quarterly Florida DepartmeD.t of Revenue Employers Quarterly Report (UCT -6) during tho two years following completion of the project to verify that the required job positions are properly filled and maintained. Pap 4 014 T:\PIlOORAMS a: GRAN'IS\CommetclIMarlor BullHlItAalalwt ~ppnmcllllIIrIor Bulld-out Alalsluce PIopn OuW6eI.cIoo " I IINY~T8~ICRA ill East Side NWestSide NSeaslde Renaissance 2009-2010 BOYl'lton Beach Community Redevelopment Agency Commercial Interior Build-out Program Appli~tlon (please Type or Plint Ohly - U.e Additional Sheets It Nemory) Applicant Name: Applioant Mailing Address: Business Name (D/B/A if applicable): Business Address: Phone: BroaH: Fax: Fed ID# Monthly Rent: Time at Location: Do you have an executed lease agreement: Yes_No _ Landlord Name: Landlord SSNIBIN: Landlor(Ps Mailing Address: Was this business previously located at another site:Yes_ No_ Dates: Previous Busmess Address (if applicable ): New Business: Yes_ No__ Existing Business: Yes_ No_ Type of Business: Number of Employees: Hours of Operation: Are you applying for grant assistance under any other program offered by the eRA: Yes_ No_ If yes, what additional programs are you applying for: Boynton Beach Community Redevelopment Agency 91S S. PederalHlabway, Boynton Beach, FL 33435 Office: 561.737.3256 Fax: 561.737.3258 Page lof4 Are you receiving grant assistance from any other governmental agenoies: Yes_ No_ If yes, list any aditional grant SOUl'COS and amounts: CERTIFICADON AND WAIVER OF PRIVACY: I, the undenIlped, applicant(s) certiiY that all information presented In this application. and all ofthc information furnished in support of tho application, is given for the purpose of obtaiDi11l a grant under tho Boynton Beach Community Redevelopment ~ Commercial Interior Buitd- out Progmn, and it is true and complete to the best of the applictnt(s) knowledge and holief. The applicant(l) further cortif1es that he/shc is aware of the fact that bel_ can be penalized by fine and/or impriaonment for maldng false statements or prosentina false infonnation. I t\1rther acknowledge that I have read and understand the tenns and conditions set forth and doacribcd in the Boynton Beach Community Redevelopment Agency Commercial Interior BuUd~ut Program Guidelines. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that tho CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under tho privacy and confldontiality provision 80tl and give my consent to the Boynton Beach Community Redevelopment Agoncy, its agents and contractors to examine any confidential information given herein. I t\1rther grant permission, md authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the infonnatlon furnished in support of the application is found to be incomplete, it will not be processed. Applicantlfenant's Signature Date Printed Name Titie Applicantffenant's Signature Date PrintcdName Title Boynton Beach Coll'lmualty RodeveloplMDt Apncy 915 S. FederallBpwayl Bo7nten Beaob. PI., 33435 Office: 561.737.3256 Pax: 561.737.3258 Page2of4 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowlodpmonts, personally appeared who is personally known to me or produeed as identification, and aeknowlcdpd .heIshe executed the foreloing Agreement for the use and purposes mentioned in it and that tho instrument is hislher act and deed. IN WITNESS OF TIlE FORBGOING, I have set my band and official seal in the State and County aforeSlid on this day of .20_. NOTARY PUBLIC My Commission Expires: Property Owner's Signature Date Printed Name Title . Property Owner's Signature Date Printed Name Title STATE OF FLORIDA COUN1Y OF PALM BBACH BEFORE ME, an officer duly authorlzod by Jaw to administer oaths and take Bo)'lltoll Beaeb Coaummky lUdeveJopment Ageacy 915 S. Feder1I HJah-r, Be,ntoa Beach, PI.. 33435 Office: 561-737-3256 Fax: 561-737-3258 Pace:3 of4 acknowledgements. personally appeared who is personally known to me or produced as identification, and acknowledged ho/.bo executed the Corogoing Apement for the use and purposes mentioned In it and that tho instrument is hislher act and deed. IN WITNESS OF THE FOREGOING. I have set my hand and offICial seal In the State and County aforesaid on this day of . 20_, NOTARY PUBLIC My Commission Expires: Boynton Beach ComDlunlty Redevelopment Aaenoy 915 S. Pederal HiahWIJ, Boynton Beach, PL 33435 Oftice: 561-737-3256 Fax: 561-737-3258 Page 4 of4 ') Boynton Beach eRA I _. - :.J-j /c - --- r~ l-QJ ') ) ~~t I" \\,' II'" ,\ ' ~~~'tY~T8~lc RA Ii East SldeNWestSldeNSeaslde RenaIssance 2009-2010 Boynton Beach Cemmlmfty Redevelopment Agency Business Signage Improvement Gral1t Program Guidelines & Agl'eement Prosrram Resrulatlons 1. The Applicant agrees not to aItel', renoVRte, or demoJlsh the new sign fo1' three years, commencing at the timo final Inspection by the eRA is completed. If violated by the applicant, the CRA may choose to require 81-nt fund l'epayment. 2. The property owner) or tenant if applicable, must complete the signage improvement project and aubmit for reimbursement \Vithln 90 days of the grant award. Pall\lre to complete tM proJect In a timely manner will result in the property owner, or tonant If applicable, losing the grant reimbursement oppot.1unity. The Board may consider time extensions. 3. Maximum Grant amount: The CRA will provide, a 50~ matching grant for eligible sigllage Improvements up to a total orone tho\lsflnd fIVe h\lItdred dollars ($1,500) ofCRA funds. ReImbursement R8111llations I. Tbis program is designed as a relmbul'Iement grant. That Is, aU work must be done and paid for by the Applicant. prior to the CRA's funds be4ng released. The CRAwill provide l'eimbursement to the grantee upon submittal of il complete Reimbursement Request. 2. ReJmhursement Request SllaJl be summarized Ins report and accompanied by pl'Oper documentation. Proper documentation will consist of; (0 Project accoullting including invoices, receipts or other acceptable evidence of payment the licensed contraotor(s) that have been marked "paid" slgned by eacb. Proposals for ICwork to be completed" 01' "bids" are ltot considered propel.' documentation. Bach Item will be supported by I canceled check showing the face of the check, as well as tho back of tho canceled cheok; or credit card reoelpt (2) the AppllcantshaU W.Mnt that all bills related to the Project are paid In full Inoh.tding, but not limited to, aU contractors, subcontractors, labor, matorlals. related fees and permitsl and (3) tne Application for re..imbursomcnt shall provide a minimum of four 3",0" color C1d\lring" photos and a minimum of four 3"xS" color Ilafter" photos of the Project. Photos should be f\ooln fl:PP1'Oxlmately the same position as the "beforeU photos submitted in the AppUoatlon. 3. Grant f\mds will be reimbursed ex.clusively for approved work, approved change orders and omy for work that has been performed atw: the grantee has received notification tlu\t the Orant Application has been approved by the CRA. 4. Grantees may not submit signage improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Business Slgnage Improvement Grant program will only honor new expenditures that have not been submitted under other grllnt programs. The Business Signage Improvement program may only be used one time in any three year period for any oue business entlty or applicant, Property Owner(s) or Tenant (if applicable) may re- apply for additional grants any time after three (3) years fi'om previous grant approval. 5. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials in promoting the program, Witness (Date) Property Ownel' (Dllte) Witness (Date) TenantIBusiness Owner (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an offacer duly authol'ized by law to administer oaths and take aoknowledgements, personally appeared , who is personally known to me or produced as identification, and acknowledged helshe executed the foregoing Agreement for the use and purposes mentioned in it ftl'l.d that the instrument is hlslhel' act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of ,20_, NOTARY PUBLIC My Commission Expires: 2 ~Vl' . 'I \\ . 11!~~~Y~Te~lt RA ill East SldeNWest SldeNSeaslde Renaissance 2009.2010 Boynton Beach Community Redevefopment Agency BUSINES$ SIGNAGE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Maximum Grant Amount Is $1,500.00 (Pi.... Print or type Only .. U.. Addftlon.,Shll."t N.C8II.ry) APPLICANT INFORMATION Name of Property OWner: Addres$ of Property OWner: City/State: Phone ## Day; Zip Code: Evening: Legal description and PCN# of the property to be improved (please attach copy of wamJnty def1Cl and Isass, If appllcabllJ): Name of Business: (If DIfferent from Property OWner) Address of Business: City/State: Phone #I Day: Type of Business: Years of Operation: Number of Employees: Zip Code: Evening: Annual Payroll: Number of Employees residing in Boynton Beach: PROGRAM GUIDELINES The following gUlde"nes are intended to Inform a potential grant applicant of the extent and scope of the program. The purpose of the program Is to encourage commercial property owners to upgrade their properties by Improving the external appearance of their business and to encourage buslne8ses to Invest In their operations. The following guidelines are appflcable to this program: 1. The program Is avaHable only for licensed busl11e88e8 located within the Boynton Beach Community Redevelopment Agenoy (CRA) district boundaries. Note: See attached eRA Area Map. 2. The program Is for commerclal properties and business" only. The property Owner or Tenant may be the applicant. However, If the appHcant Is the Tenant, then the Application and Agreement must be jointly executed by both the property Owner and the Tenant. 3. Applicants may not have any outstanding City of Boynton Beach liens against their property and their business license In good and current status with the City of Boynton Beach. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the /len. 4. Eligible slgnege improvements for this program Include: . Slgnage for a new business (located on the building or the property) · New or replacement slgnage for an existing business <'ocated on the building or the property) . Slgnage on Awnings/canopies · Associated IIghtrng 5, All work m1lIl be In compliance with applicable Boynton Beach Building Codes and all contractors nual be licensed In Boynton BeachlPalm Beach County. Slgnage mUlt be In accordance with City Ordinance No. 98.43 and the ORA Design Guidelines (attached). 6. Proposed slgnage and appltcable Improvements must be approved by the CRA Board. 7. Maximum Grant amounts: The eRA will provide, on a reimbursement .bullt a 50% matching grant for eligible slgnage Improvements up to a total of one thousand five hundred dollars ($1,500) of CRA funds. Example: Total sign costs: $1,800.00 Applicant funds expended: $1,800.00 eRA reimbursement: $ 900.00 8. The Slgnage Improvement Grant program may only be used one time in any three (3) year period for anyone property owner, business entity or appUcant. Businesses may re-apply for additional grants any time after three (3) years from previous grant approval. 2 9. The approved applicant must complete the signage project and 8Ubmlt for reimbursement within 90 days of the grant award. Failure to complete the algnage Improvements In a timely manner wffl result In the property owner, or tenant If appleabre, losing the grant reimbursement opportunlly. The Board may consider time extensions. 10. Disbursement of grant funds shall only occur If the following condItions are met; . CRA has received an appRoant reImbursement request letter. . CRA has received copies of executed sign contracts, canceled checks (front and back); or credit card receipts as proof of payment. . CRA has received copies of flnal "paid In fullw vendor/contractor Invoices. . CRA has received copies of final Inspection approvals for all permit required work. . AppHcant provides four 3.x5" color ffAfter" photos. '3 APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (eRA) located at 915 S. Federal Highway, Boynton Beach. 561-737.3256, or online at www.boyntonbeachcra.com. 2. An original applloation with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the eRA Board. AppHcatlons wlJl be consJdered on a first-come, first served basis. 3, Appropriate grant program documents will be prepared and submitted by the appHcant. CRA staff wln then present the completed grant appltcatlon to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month and the applicant wtll be notified of grant approval by regUlar mall. 4. The eRA will administer the Business Slgnage Improvement program and funding. In addition to the appropriate City building In8pectlons, the ORA wlllln8pect the work to determine the satIsfactory comptatlon of the work. 5. Applicant shall obtain, read and understand all aspects of the Business Slgnage Improvement Grant Program Agreement, Including Program and Reimbursement Regulations. 6. Proposed stgnage must be designed in accordance with the Urban Design Guidelines (attached). 7. Application to this Program Is no guarantee of funding. Funding Is at the sole discretion of the CRA Board. REQUIRED PROJECT INFORMATION Submit the following required Items along with the Application: · Project work wrlte-up(s) describing In detail the scope of the project, . Plans or sketches of proposed slgnage and location Including color samples and material specifications, . Third-party cost estimates from a minImum of two (2) licensed contractors, · Estimated project time line, · Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), . A minimum of four 3" x 5" color "before" photos of the proJect which must Include all "pubnc views", 4 By signing this Appllcatlonl I acknowledge that the information provide Is true and accurate. I acknowledge that I have received, read and executed a copy of the Program Agreement and I agree to comply with Its content. Witness (Date) Property Owner (Date) (Property owner's signature must be notarized) Witness (Date) Tenant/Business OWner (Dale) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared produced , who Is personally known to me or as Identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned In It and that the Instrument Is hIs/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official saal In the State and County aforesaid on this day of .20_, NOTARY PUBLIC My CommIssion Expires: s Soynton Beach eRA ! ) ) > . , ): ') ... , (.... .~.. T;;~"":~:'i~" ..'...." . .,~~ ';;.: .'.'~". <'. " 'll:': _ ._ ':. fF.'.: ,~.;;::: '~", ((,~. <t~ - ,-" ~,\;~~ ~l t. I START OR GROW YOUR BUSINESS! Small Business Development Program The Boynton Beach eRA is pleased to provide a new business development program that assists Boynton Beach residents who desire to start up a small business or accelerate the growth of an existing business. FUf.{I'"II\l The Small Business Development Program is a three month program that works in and outside the classroom, providing group training and individual counseling services. Each student is able to participate in e tote I of nine workehope. Workshops will teke place on Wednesday evenings, with the exception of one Saturday workshop and a Friday night graduation ceremony. r Additionally, eech student Is able to participate in individual business counseling sessions that are tailored to the student's specific business needs. 11 I ;;'~"'~~",:~.,..r~r-"- ~~~. --p~ ,~nr~l: FREE Pre-registration is required. Cless size limited to 25 (preference given to Boynton Beach residents & business owners) lo'U;I\TIfJN: Carolyn Sims Center 225 N. W. 12th Avenue Boynton Beach f-tEr.15TEH rODAV! 561.265.3790 XII3 www.flwbo.org Info@flwbc.org ~~ I~R~effitRA Ii East Side-West SIde-Seaside Renaissance The Small Business Development Program Is funded through the CRA snd administered by the TED Center and Its Florida Women's Business Center. 1 VIII. INFORMATION ONLY: C. CRA Media ~~RY~T8~ eRA iI East Side- West Side-Seaside Renaissance eRA BOARD MEETING OF: March 15,2010 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: - Seacrest Revitalization Kicks Off Heart of Boynton Redevelopment (CRA Press Release, Feb. 2) · Boynton's CRA Board Gives Thumbs Up for Funding Agreement Between CRA, Wal-Mart (CRA Press Release, Feb. 12) . Residents near proposed Boynton Beach Walmart fear more noise, cars, crime (Article, Palm Beach Post, L. O'Connor, Feb. 17) . Boynton Beach's Annual Heritage Celebration Looks Back To Move Forward (CRA Media Advisory, Feb.) - Urban Land Institute Selects Boynton Beach CRA as Sustainable Community Pilot Project Area (CRA Press Release, March 2) - Free Program Aims To Teach Boynton's Youth About "Environmentally-Aware" Angling (CRA Press Release, March 4) - Florida Trend magazine (Ad in March issue - "Business Toolbox" section) Goollle Analvtics ReDort- Monthlv PodCast Meetin2 Viewers: -Feb. 2, - March 4,2010 49 views FISCAL IMPACT: None T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\03-15-10\CRA Media February.doc ~~~~Y~T8~ICRA Ii East Side~ West S.,de~ Seaside Rena.,ssance Margee W h Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\03-15-10\CRA Media February.doc ~qY~T8~ eRA ___ East Side-West Side-Seas',de Renaissance Media contact: Margee Walsh Boynton Beach CRA Marketing Director (561) 737-3256, ext. 204 walshm@bbfl.us FOR IMMEDIATE RELEASE February 4, 2010 Seacrest Revitalization Kicks Off Heart of Boynton Redevelopment Construction for roadway improvements to major Boynton corridor starts April 2010 Boynton Beach, FL - Seacrest Boulevard, from Ocean Avenue to the C-16 Canal in Boynton Beach, is about to get a new look. Construction will begin this April on the Sea crest Boulevard Streetscape Improvement project, a major component of the Heart of Boynton Redevelopment Plan, according to Lisa Bright CRA executive director. City of Boynton engineer Andrew P. Mack, P.E., LEED AP, said that federal stimulus dollars are supporting the more than $1.9 million Seacrest Boulevard Streetscape Improvement project. The year-long beautification project is one of seven major roadway projects being funded through the American Recovery and Reinvestment Act of 2009 in Palm Beach County. The project will include: . installation of raised medians with landscaping, irrigation, and stamped concrete . milling and resurfacing of the existing roadway . signing and pavement markings . decorative street lighting . a reclaimed water line . public art . and the installation of a pedestrian plaza at the intersection of Sea crest Boulevard and MLK Boulevard "This project will enhance one of the City's major north - south corridors within the northern portion of the CRA District known as the Heart of Boynton. It will increase safety in the community, with the creation of raised medians including landscaping and the closure of side streets at the intersection of NW 5th and NW 9th Court and Sea crest Boulevard," he said. "A unique aspect of the project is that the City's engineering staff will be performing the construction, engineering, and inspection duties, which are typically outsourced to private consulting firms. By keeping these responsibilities in-house, the City will be able to maximize the use of funds available for the project." Cont'd Page two, Sea crest Blvd. cont'd The federal stimulus dollars also allow for public art elements. Debbie Coles-Dobay, the City's Public Arts Administrator, will conduct public meetings with residents to select an artist to create and design a public art components at all four corners of Seacrest Boulevard and Martin Luther King intersection. "The Sea crest Boulevard Streets cape Improvement will a provide a much needed boost to Palm Beach County's construction industry and a great opportunity to employ local residents," Bright said. "Seacrest Boulevard's revitalization is the beginning of something very exciting for the community. The CRA is underway with the design phase for the second part of this project: the MLK streetscape." The Boynton Beach eRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 acre district. The agency focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. For more information on the eRA, its events and activities, call (561) 737-3256, or visit www.bovntonbeachcra.com. ### ~ctY~T8~ RA . East Side-West Side-Seas'lde Renaissance Media contact: Margee Walsh Boynton Beach CRA Marketing Director (561) 737-3256, ext. 204 walshm@bbfl.us FOR IMMEDIATE RELEASE February 12, 2010 Boynton's CRA Board Gives Thumbs Up for Funding Agreement between CRA, Wal-Mart New Wal-Mart planned for Federal Hwy. to create 150 full-time jobs Boynton Beach, FL -Boynton Beach Community Redevelopment Agency (CRA) came one step closer to securing what could be the biggest boost in years to the CRA district's economy. Last Tuesday, the CRA Board of Commissioners gave the approval to enter into a direct incentive funding agreement (DIFA) with Wal-Mart Stores East LP for $406,026.00. "The CRA staff has worked for nearly three years on this deal with the developer 3600 Holdings and, ultimately Wal-Mart, to build an urban design, full-service Wal-Mart store," stated Lisa Bright, CRA executive director. "Our board's decision last week, is a pivotal component of CRA's Federal Highway Corridor Community Redevelopment Plan." The Wal-Mart store, planned for 3629-3675 S. Federal Highway, will be about half the size of retailer's traditional Supercenters, at 93,755 square feet. The Eastern Store is less than ~ the size of the Wal-Mart located at 3200 Old Boynton Rd. It will feature not only a custom contemporary, urban building fayade, but also the retailer's emphasis on "green" design. Energy-efficient technology and environmentally friendly features will reduce energy use, water consumption and minimize waste. The DIFA will provide funding for the creation of 150 full-time jobs, a much needed boost in a community suffering from double-digit unemployment, according to Bright. The CRA Board's approval in 2008 of the Economic Development Plan was part of the effort to recruit businesses which would provide additional employment opportunities to the CRA District. The local population within the CRA District shows 88.9% of the residents with a high school diploma or equivalent, and 23.1 % have a bachelor's degree or higher. The store will also help to stimulate the local economy by offering competitively priced goods (including groceries) and services to area residents, as well as contribute annually to local charities and schools. The retailer donates more than $18 million annually in Florida, alone. "Working with the CRA staff over these last few years, through every step of the process-from the removal of the strip club, to the rezoning of the land and, ultimately, to the collaboration with Wal-Mart-made this public-private partnership a success," Jim Knight, a broker with 3600 Holdings. -cont'd- "This particular site, which borders on the southern gateway to the CRA District and City of Boynton Beach, has been home to a strip club and an eye-sore and for so many years. This project will breathe new life into what is the most used Palm Tran route and a heavily traveled thoroughfare in our city," Bright said. The project will result in long-term revenue to support CRA economic development programs, generating $20,301 of new revenue each year to the CRA in the first five years and $60,904 each year, in years five through 10. For perpetuity, the CRA will receive approximately $81,206, which represents the annual tax increment created from redevelopment of the site. The Boynton Beach City Commission will vote to approve the Wal-Mart site plan at the next meeting, Tuesday, Feb. 16. The Boynton Beach eRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 acre district. The agency focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. For more information on the eRA, its events and activities, call (561) 737-3256, or visit www.bovntonbeachcra.com. ### Residents near proposed Boynton Beach Walmart fear more . . nOIse, cars, crIme By LONA O'CONNOR Palm Beach Post Staff Writer Updated: 12:06 a.m. Wednesday, Feb. 17,2010 Posted: 9:44 p.m. Saturday, Feb. 13,2010 BOYNTON BEACH - With little fanfare, a 93,000-square-foot Walmart has been quietly making its way through the city's permitting system. And it's the quietness of the process that bothers the store's neighbors. The 24-hour Walmart is to be built on 9 acres at the northwest corner of Federal Highway and Gulfstream Boulevard. Walmart representatives filed their application to build on Nov. 4, and city commissioners will hear the Walmart proposal on Tuesday. Across Federal Highway from the proposed store, Gulf Stream residents are worrying about an uptick in traffic, crime and noise. And residents of unincorporated Palm Beach County just west of the Walmart property have questions about the safety and quality of life of residents near the back of the property. There has already been one fatal accident in that area, said resident Linda Stabile, whose husband was injured by a car on Old Dixie. There are children, pets and pedestrians in the area behind the Walmart, she said. Stabile said she and other neighbors were not notified of the planning and development board meeting because they do not live close enough to the project to be affected by it. Stabile contends that she and others are affected, even if they live outside the arbitrary notification area. Gulf Stream residents raised the specter of a national study on Walmart-related crime. The study, produced for Wake Up Walmart, a group that opposes new Walmart stores, suggests that Walmarts have more crime than similar stores and need more security. Boynton Beach records of police calls from the nearly 220,000-square-foot, 24-hour Walmart at 3200 Old Boynton Road show 597 calls for service during 2004, the same periOd studied by the national Walmart report. Most of the incidents were for vandalism and shoplifting, but there was also an attempted ca~acking. County officials are completing a traffic analysis of the area, estimating that new Walmart-related traffic would be about 157 cars during the morning peak hours and 432 cars during the afternoon peak hours. Stabile said a county official told her that noise and quality-of-life issues are not part of the county's analysis, which limits itself to traffic issues. Boynton Beach Planning and Development Board Chairman Shirley Jaskiewicz was upbeat about the planned Walmart. She said she was confident that the store would be designed well, and certainly would be an improvement over the topless bar it is replacing. "The city has gone to serious lengths to rid itself of nuisances like the topless bar, with the prostitution complaints and so on," Jaskiewicz said. "I felt terribly sorry for the people in that area, and I would expect them to welcome (Walmart)." City planners are in discussions with Walmart officials about the outward appearance of the new store, said to be a new "urban" design for Walmart. As for the highly publicized killing effect of Walmart stores on mom-and-pop businesses, community redevelopment agency Assistant Director Vivian Brooks pointed out that if the Walmart threatened any businesses, it might be the nearby Winn-Dixie or Publix grocery stores. ~IRY~T8lRA . East Side-West S'lde-Seaside Rena'lssance Media contact: Margee Walsh CRA Marketing Director (561) 737-3256, ext. 204 WalshM@bbfl.us IMMEDIA TE RELEASE February, 2010 Boynton Beach's Annual Heritage Celebration Looks Back To Move Forward Popular Event Celebrates Its 3rf' Year WHO: Boynton Beach Community Redevelopment Agency (CRA) and Heart of Boynton (HOB) Community Association WHAT: Boynton Beach Heritage Celebration WHEN: Friday, February 19, "A Night of Joy" (6pm-9pm) Saturday, February, 20 (11am - 6pm) LOCATION: Feb. 19, Ezell Hester Center, 1901 N Seacrest Blvd.,Boynton Beach Feb. 20, Martin Luther King Blvd., Boynton Beach. Annual HOB Community event celebrating Black History Month, local, black culture and multicultural heritage. WHY: Friday's entertainment include performances by the Congress Middle School Drum Line, Praise Dance Presentation's, Exousia, Warriors of Worship & Unlimited Praise. and music by vocalists Joshua Ward, Ernest Jerry Jr. and Voices of Praise. Saturday's all day program includes motivational speaker, Charles Hunt; keynote speaker, Moneek Scott-McTier; live entertainment from New Horizon Band; spoken word poet, Kadeidra Ward-Poetic-Iy Yours and the Bible Church of God Choir. Vocalist Helen Miller will perform the hit song from her CD "Time is Winding Up;" and R&B singer Matthew Randall will sing for the crowd. Children will be entertained by the All Star Cheerleaders with face painting, crafts, clowns, bounce houses and other exciting activities. And come hungry as the air will be filled with the aroma of ethnic foods from vendors ready to satisfy the palates of even the finickiest eaters! Photo and interview opportunities available The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1 ,650-acre district. The organization focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. For more information on the CRA, its programs and activities, call (561) 737-3256 or visit www.boyntonbeachcra.com. ### ~CfY~T2~ eRA . East Side-West S'lde-Seas',de Renaissance Media contact: Margee Walsh Boynton Beach CRA Marketing Director (561) 737-3256, ext. 204 walshm@bbfl.us FOR IMMEDIATE RELEASE March 2, 2010 URBAN LAND INSTITUTE SELECTS BOYNTON BEACH CRA AS SUSTAINABLE COMMUNITY PILOT PROJECT AREA Boynton Beach, FL. - The grass, and now possibly the city of Boynton Beach, may be a little greener, since the Boynton Beach Community Redevelopment Agency (CRA) was chosen among other municipalities by the Urban Land Institute (ULI) Southeastern Florida/Caribbean region to serve as the ULI's Sustainable Community Pilot Study Area. This is in line with the CRA's emphasis, since 2008-with the creation of a Green Taskforce-to oversee the process of improving and sustaining the environmental needs of Boynton Beach, according to Boynton Beach CRA director Lisa Bright. "It's a wonderful thing to be recognized for the City's commitment within the CRA District to work with Urban Land Institute to develop a sustainable green program at the predevelopment stage," Bright said. "We believe this is going to produce a 'GreenCentive' program that could be a model for other cities." ULI's mission is to provide leadership in the responsible use of land and in creating and sustaining thriving communities worldwide, according to James R. Williams, AlA, LEED- AP, president of JMWA Architects and member of the ULI Sustainability Committee. "The purpose of the Sustainability Pilot Project is to utilize a 'real world' study zone as a basis for advising and implementing best practices in sustainability that will serve as a model for other Southeast Florida communities," Williams said. "The Boynton Beach CRA was selected by the ULI Sustainability Committee because of their commitment to and understanding of sustainability I their having the political will to make something positive happen and because of their engagement of all of the stakeholders in the process." CRA projects slated for 2010 and into 2011, including plans for the new WalMart on Federal Hwy., will become best practices of sustainability, incorporating the CRA's GreenCentive draft program. The GreenCentive program is an incentive program featuring a palette of proven green development strategies that add value to projects, minimize impact on city infrastructures and conserve energy and water. John Szerdi, AlA, LEED-AP, founder Living Designs Group, Lake Worth and chairman of the U.S. Green Building Council, Treasure Coast/Palm Beach branch, said the ULI designation will benefit the Boynton Beach community-not just the owners of the impacted properties. -cont'd- "In the green movement, it is more than hanging a plaque and claiming to be environmentally aware; it is an entire movement-a way of building and a way of Iife- that affects environmentally-sensitive behavior and awareness," Szerdi said. 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 agency focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. ### For more information on the CRA, its events and activities, or to schedule an interview with Lisa Bright, call Margee Walsh at (561) 737-3256, ext. 204, or visit www.bovntonbeachcra.com ~.tY~12~ . East Side-West S'lde-Seaside Renaissance Med ia contact: Margee Walsh Boynton Beach CRA Marketing Director (561) 737-3256, ext. 204 walshm@bbfl.us FOR IMMEDIATE RELEASE March 4,2010 FREE PROGRAM AIMS TO TEACH BOYNTON'S YOUTH ABOUT "ENVIRONMENTAllY-AWARE" ANGLING Boynton Beach eRA approves funding to offer an educational fishing program to local 8 to 12-year-olds Boynton Beach, FL. - What happens to a child from ages 8 to 12 often helps to shape that child's future. A new program, free to at-risk youth in Boynton Beach promises to not only arm local children with a life-long skill, but also environmental appreciation and awareness. The Boynton Beach Community Redevelopment Association (CRA) board has approved $11,856 to fund an educational opportunity for Boynton Beach children ages 8 to 12, offered by Florida Fishing Academy's Captain Richard "Rich" Brochu. Starting Feb. 27, 2010, and held every Saturday (except holiday weekends) from about 10 a.m. to 1 p.m., Captain Rich will teach local children the basics of fishing, fishing rules and regulations, fishing biology and how to handle fish. The program also includes several fishing trips, to help put their new-found knowledge to practice. The program is funded through September 2010. "Our message is 'environmental.' We want to raise a group of ethical anglers, and, hopefully, future biologists and conservationists," Captain Rich said. "Studies have shown that targeting kids at these ages with positive opportunities can have a profound impact on their lives." Captain Rich is no stranger to helping at-risk youth. He has received funding from the CRA in the past for the city's Youth Violence Program, for children ages 12 to 19. "This new program builds on the years of success we've witnessed with a similar program teaching the city's older at-risk youth about the fishing trade," said CRA Executive Director Lisa Bright. "This meets with the mission of the CRA, directly impacting youth living within the CRA District, and we're excited that Captain Rich will be able to teach our pre-teens a skill that they will enjoy and, possibly, turn into a profession later in their lives." For more information on the fishing academy, contact Richard Brochu at 561-740-7227 or www.floridafishinqacademv.com . -Cont'd- The Boynton Beach eRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 acre district. The agency focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. For more information on the eRA, its events and activities, call (561) 737-3256, or visit www.bovntonbeachcra.com. ### 1=1=9920 SOld 1.1.':! L20-::>.......1.0, 219~-~fp[f ,:J H::>Y39 HO.1.HA09 AM" 'YH303:J S ~16 H::lY39 NO.1.HA09 :JO A.!.I::> H39~3dS'3av 339HVH adS 2Yd35 02LOfl.1.:J .1.H-HV::>....................................... 9C::lCOXO# .1'11"1'11.., III" 'I III I 111'111' "1'1'1111 f" '11'1"1 "'1".11'1 BUS I N E S S 00084D00 Choosing a Legal Structure Your legal structure will determine what kind of taxes you'll pay and who's liable financially. f) .sole Proprietorship Sole proprietorships are easy to set up and easy to disband. Profits are taxed at the owner's individual federal tax rate, with the amount reported on Schedule C or Schedule CZ. Sole proprietorship owners have unlimited personal liability for any debts the business incurs. In Florida, that liability is limited by the state's homestead laws. Corporations and pay $35 to designate a registered agent and $965 in filing fees for new partnerships; $500 annually. f) Limited Liability Company Limited liability companies, or LLCs as they are lmown, are a hybrid form of business that combines elements of part- nerships and corporations. In Florida, LLCs may elect whether to be taxed as partnerships or corporations. On the fed- erallevel, LLCs with only one member are considered to be sole proprietors unless they elect to be classified as a cOIl1ora- tion. LLCs with more than one member file a federal partnership return unless they elect to be classified as a corporation. LLCs must file with the Florida Depart- ment of State, Division of Corporations ($125 for new LLCs; $138.75 annually). f) Partnership Partnerships can be formed as easily as sole proprietorships. These unincorporated businesses allow two or more people to share liability and provide capital. Business income is reported on partners' individual tax returns. Limited partnerships must file with the Florida Department of Stare, Division of -r Resources IRS Publication 541 Partnerships irs.gov/publicationslp541/index.html IRS Publication 3402 Tax Issues for Limited Liability Companies irs.gov/pub/irs-pdf/p3402.pdf IRS Publication 542 Corporations irs.gov/publicationslp542/index.html Florida Division of Corporations sunbiz.org e Corporation Corporations are separate legal entities that must be incorporated with the Florida Division of Corporations. In a C-corporation, the corporation rather than individuals pays taxes and assumes liabilities. Florida's corporate tax is 5.5%. An S-corporation allows up to 75 shareholders to share income and expenses and to report them on their individual income tax returns. -, ...to downtown Boynton Beach . Affordable office development sites offering views of the Intracoastal Waterway and Atlantic Ocean . Conveniently located between Palm Beach International and Fort lauderdale/Hollywood International airports . Easy access to and from downtown with three 1-95 exits . Aggressive CRA development incentives For information on your new office location, call 561.737.3256 www.boyntonbeachcra.com !!II FLORIDASMALLBUSINESS.COM UR~8~RA . Eut Slde-Wut Side-Seaside Renallsanu - \.i ~!; For quick links to Choosing a Legal Structure websites, go to FloridaSmallBusiness.comlTooIbox Content Drilldown - Google Analytics#1ts=1267823653005#lts=1267823653005 Analytlcs Settings View Reports: WWN.boynlonbeachcra.com I' Dashboard Intelligence .... Visitors Traffic Sources Content Overview Top Contenl Conlenl by Tille Content Drilldown Top Landing Pages Top Exil Pages Site Overlay Site Search Event Tracking Goals Custom Reporting My Customlzatlons Cuslom Reports Advanced Segments Intelligence Beta Emall . Help Resources About this Report Conversion Univers~y Common Queslions Page 1 of 1 walshm@bbfl.u5 I Settingal My Acoount I Help I Sign QuI My Analytics Accounts: Boynlon Beach CRA i . C /\". t9laTif-'G- Poo cAr'rs Add to Dashboard 12 pages were viewed a total of 49 times Filtered for pages containing "video" Advanced Segments: All Visits Feb 2, 2010 - Mar 4, 2010 Graph by: 2'i"\ . _ .....,..""..-/\ -e... . ~ ___-'''''''-.22 _. .. .JII l'-< . .._............... . ~ '-......,y' 10........___ '~ . . __-" ~ Avg. Time on Bounce Rate Page 20.00% 00:03:19 Site Avg: 00:01 :56 Sile Avg: 58.90% (71.14%) ( -66.05%) Pagevlews Unique Avg. Time : Pagevlews on Page 12 11 00:04:03 9 8 00:06:04 7 4 00:02:19 5 5 00:04:01 5 5 00:00:39 3 2 00:01 :29 3 2 00:00:40 00:01 :05 00:00:39 00:02:24 Go Advanced Filter Go 10: 1 Content Performance Views: Pageviews 49 % of Site Total: 1.32% Unique Pageviews 42 % of Site Total: 1.36% Overview}> Content Orilldown Pagevlews Page None % Exit 22.45% Sile Avg: 46.44% (-51.66%) $ Index $0.00 Sile Avg: $0.00 (0.00%) 1. Icreovervlew_v1deos_011210_p1.php 2. IvIdeo_PBC_21S1releglc_Plen.php 3. Icreovervlew_v1deos_020910_p1.php 4. Icraovervtew_v1deos_011210_p2.php 5. Icreovervtew_v1deos_020910Jl2.php 6. Icreovervlew_vldeos_120809_p1.php 7. Icreovervlew_v1deos_120809_p2.php 8. Icraovervlew_v1deos_081009Jl1.php 9. Icraovervtew_v1deos_081009Jl2.php 10. Icraovervtew_v1deos_081009Jl3.php Filter Page: containing . video Bounce % Exil Rale 0.00% 0.00% 0.00% 33.33% 0.00% 28.57% 0.00% 20.00% 100.00% 60.00% 0.00% 0.00% 0.00% 33.33% 0.00% 0.00% 0.00% 0.00% $ Index $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 0.00% $0.00 Show rows: 10 1. 10 of 12 C 2010 Google I Analytics Home I Terms of Servtce \ Privacy Policy I Contact us I Analytics Blog (in English) https://www.google.comlanalytics/reporting/content_ drilldown?id=4528679&pdr=20 1 0020... 3/5/2010 VIII. INFORMATION ONLY: D. New Contract for Trolley Advertising ~~~'tY~Te~ eRA iIIIi East Side-West Side-Seaside Rena",ssance eRA BOARD MEETING OF: March 15,2010 I I Consent Agenda I Old Business New Business I I Public Hearing I X I Other SUBJECT: NEW CONTRACT FOR TROLLEY ADVERTISING SUMMARY: CRA marketing staff negotiated a 12-month trolley advertising contract with Florida Career College (FCC) for $13,770.00. The new client purchased three "Jumbo" and three "Large" ads. Their contract will run from June, 2010 to June, 2011. FISCAL IMPACT: Transaction results in Agency receiving a total of$13,770.00 in revenue. RECOMMENDATIONS: Information only. ~ T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\03-15-10\Trolley advertising contract FCC.doc J he~cby agree to the above referenced terms and conditions. D.t, 3{1110; . /~ U Bo)'nton Beach CRA:~~-( I ~~_ a~2-_~_" _________ r itlt: ~ ~~ l~~~l,_:_0i R.kl b0::_~__ _..___ Address: 'ff{ ;> '_ 19-~L/~,{__jiw~. I B~".{D~ !JJ../ ft. ? J !~?' Date for boards to be installed on Trolleys: March 15,2010 Board location on Trolleys: Jumbo: CJ.5, passenger side and Large: Cl ,-I, driver's side Contract expiration date: June J 5,2011 PA YMENTS ARE REQUIRED: A jILJ~-- -Jl!t~-,~~ Monthly Rd\'ertislllg payments: Make checks payable to: Boynton Beach eRA C/o Ms. Ghish Villanueva 915 South Federal Highwa) Boynton Beach, FL 33435 Fax: 561-737-3258 Page2of2 VIII. INFORMATION ONLY: E. NSP Foreclosure Information ~~~~Y~Te~ eRA . East Side- West S'lde-Seas'lde Renaissance eRA BOARD MEETING OF: March 15, 2010 I I Consent Agenda I X I Old Business I I New Business I I Legal I I Other SUBJECT: Neighborhood Stabilization Program (1) SUMMARY: Chronology attached. FISCAL IMPACT: $400,000. CRA PLAN, PROGRAM OR PROJECT: 2001 HOB Community Redevelopment Plan and 2009 Downtown Master Plan RECOMMENDATIONS: Request the City Commission remove from the March 16th agenda a request to reallocate the Ocean Breeze Project Neighborhood Stabilization Program (1) $400,000 pledge in order to return the $400,000 to the combined pool of$2.5 million to be distributed by a third party provider. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\03-15-10\City-CRA Land Transfer.doc OCEAN BREEZ PROJECT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) (1) $400.000 ALLOCATION CHRONOLOGY: · October 14,2008 - CRA Board has consensus to seek an allocation of NSP monies for Ocean Breeze Projects and MLK Corridor . November 5, 2008 - City Commission authorizes the CRA to receive an NSP $400,000 allocation for the Ocean Breeze Project · December 9, 2008 - Vice Mayor Rodriguez moved to remove the contingency of receiving the match to the City's NSP funds within six months and changed it to 18 months. . December 9, 2008 - City Manager confirmed with Development Director the NSP guidelines require encumbrances must be completed within 18 months and three years to expend the funds. . January 6, 2009 - CRA staff responds to subgrantee requirements as per City staff request. . November 10,2009 - Vice Chair Hay moved to direct staff to prepare and RFP for January 2010 for 8-single family lots . January 12,2010 - Director of Development advised the City lots could not be built on due to a county deed restriction. The item was tabled. . February 9, 2010 - CRA Board directs staffto bring forward land exchange discussion for March meeting. . February 19,2010 - CRA Board issues Public Notice of Disposition of Real Property by the CRA for Ocean Breeze. . February 20, 2010 - City Manager requests meeting to discuss land exchange. . February 22, 2010 - City/CRA staff meet to discuss land exchange. City staff advised County deed restriction had not been valid since February of 2005 which means the city lots along MLK Corridor are actually developable. . February 22, 2010 - CRA Director suggests Ocean Breeze monies could possibly be reaollocated to purchase lien foreclosure properties such as the "Luchey parcels" adjacent to CRA recent acquisitions. Suggestion was made unbeknownst to the fact the City was still in possession of $2.5 million from NSP (1). . February 23, 2010 - CRA staff meeting recap email and corresponding land transfer map. . March 2, 2010 - City Manager recommendation to Commission to rescind the CRA Board allocation of $400,000 NSP Ocean Breeze Project to the greater pool. Item was tabled. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 14, 2088 Vice Chair Rodriguez requested in the future that the City be engaged in the items so they would get information from both sides, B. Consideration of Adopting Economic Development Plan for eRA/City Chair Taylor explained this was an item recommended by the American Assembly. If they were to approve it, the item would be adopted but they would not move forward with hiring anyone to implement the plan. It would be a discussion item with the CRA. the City and the Chamber of Commerce. Ms. Ross thought the plan was an excellent idea. She pointed out Ms. Brightl as the Executive Director of the CRA, was appointed to the Board of Palm Beach County Overall Economic Program Committee and was appointed by the Palm Beach County Commission. The appointment occurred in May. Ms. Bright explained the plan was beneficial to the eRA, specifically for all the Marina Villages as well as it being another tier of the Business Development Board. She explained Scott Kline did an excellent job working through the Chamber and working with Mark Karageorge and his committee from the Boynton Assembly. Staff also worked with City staff, Vice Chair Rodriguez inquired about Item 2 regarding the liquor license Scott Kline was present and explained when he was putting together the plan, he was not aware of the time to utilize the liquor license by June of next year. That was the only change. Vice Chair Rodriguez wanted more time to review the document and he offered a motion to table the item. Ms. Bright explained they met with the Assistant City Manager and Hanna Matras, Economic Development Planner. about who would do this. They wanted to issue quarterly reports. This was a temporary measure until the budget, when a decision could be made who would fund a full time position. Mr. Kline explained there were ways to measure progress which were being developed, Motion Ms. Ross moved to adopt the Economic Development Plan. Mr. Hay seconded the motion that unanimously passed. C. r;W~..l-, (Jill" JlLJU.U..JI.L.. . Ill... . l"IU~II".'''''''''''lv''''"te r,-"I 11 L lIU I L [HIm HI I r ~ LJallJjgalllWilQilPt'S 34 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 14, 2008 Ms. Brooks explained they met with City staff about funds for these projects. Both projects have requested funds from the CRA and the City. The City has a number of funding sources for housing such as the Community Development Block Grant program, the State Housing Initiative Partnership program. and more recently the Neighborhood Stabilization Funds. They met with City staff and there were issues raised by City staff regarding whether they could use the funds to acquire properties that were not foreclosed. The Housing and Urban Development Program Division confirmed the funds did not have to be used for down payment assistance and land acquisition. They were forwarding the requests to make a recommendation to the City Commission to allocate a certain portion of the funds to the projects. Ms. Bright explained the City Manager has a working group for this and a plan needed to be created. Mr. Bressner explained the goal was to have a plan available at the second meeting in November. The Housing and Urban Development Division required that in order to obtain the funds, Boynton Beach, as an entitlement community, must have its Community Development Block Grant program modified and reviewed. The public notification and other requirements to amend the Community Development Block Grant program were in place. It was also indicated that any entitlement community that received funding must submit its preliminary application to the Housing and Urban Development Division by December 1, 2008. Technically, they have until February 9, 2009 to finalize it. A public information hearing was set for October 27, 2008, and they needed public input about how they would like to see the funds used. The team felt the funds should be used not only in the MLK area, but in other areas that are dealing with foreclosure issues. Staff was determining where in the community the clusters exist and what opportunities were available to them. The foreclosed properties would be rehabilitated and resold to income-qualified individuals as a home ownership opportunity. It could also provide a revenue stream to the City. More information would be known later in the week about foreclosures. There was consensus this item would be brought back. D. Consideration of Approval to Offer a Marine Fuel Discount Rate to Commercial Tenants, Neighboring Vessels Occupying Slips and Police Marine Units Mike Simon explained the CRA had purchased the marina and it was brought to their attention by the Fire Marshall that fueling vessels from a mobile truck was not allowed. They added that language to the lease the Board approved in September. which eliminated the ability of the tenants to purchase gas from a truck. The lease and developing some type of discounted fuel rate was discussed. The City Police Department wanted a discounted rate for some time now. It was at the Board's discretion to determine how to proceed. Three options were given and a determination was needed regarding to whom to extend the discounts. The Boynton Harbor Marina 35 ': ~. MEMORANDUM To: Vivian Brooks, Assistant Director Community Redevelopment Agency From: Quintus Greene, Development Director Date: October 31, 2008 Re: Request for allocation from NSP Funds for Ocean Breese West Pursuant to your memorandum of October 24, 2008 it has been determined that downpayment assistance is an allowable use of funds under the Neighborhood stabilization Program (NSP). Accordingly, staff will be recommending, per your request, that $400,000 of the anticipated $2.9 million the City of Boynton Beach expects to receive should be allocated for this purpose. Please be advised that the low and moderate income related provisions of the Housing and Economic Recovery Act (HERA) is applicable to the Neighborhood Stabilization Program. These provisions state that: "not less than 25 percent of the funds appropriated or otherwise made available under this section shall be used for the purchase and redevelopment of abandoned or foreclosed homes or residential properties that will be used to house individuals or families whose incomes do not exceed 50 percent of area median income." As a sub-recipient, the CRA will be expected to ensure that a minimum of 25 percent of the funds requested will be used to meet this required threshold. The CRA will also need to present a narrative describing how the use of NSP funds for this use will meet the requirements of Section 2301 (c)(2) of the HERA. As you know, the administration of the NSP funds will follow the guidelines and reporting requirements established for the Community Development Block Grant (CDBG) program. Therefore, the following additional information will also be required by the eRA to ensure that it is reimbursed: 1. A statement of how the eRA will ensure continued affordability of units? 2. The number of units proposed for each income level: (i.e., 50% and below, 51% to 80%, and 81% to 120% of area median income) Page 2 " 3. The expected start date of the activity 4. Description of the general terms under which the assistance will be provided: . Range of interest Rate . Duration of term of assistance . Tenure Please contact Octavia Sherrod should you have any questions or require any additional information. CC: Kurt Bressner, City Manager Lori LaVerriere, Assistant City Manager Lisa Bright, eRA Executive Director Octavia Sherrod, Community Improvement Manager I' /' Meeting Minutes Regular City Commission Boynton Beach, Fl November 5, 2008 refurbished and then made available to an income eligible family to purchase the home. The proceeds would be available for other activities. Attorney Cherof advised that each purchase and each sale should be ratified by the City Commission. Vice Mayor Rodriguez suggested all of the monies should be spent for foreclosures, the primary purpose for the money. The Community Redevelopment Agency has Its own budget and homebuyer program. The funds should not be scattered, but totally used to assist more foreclosures throughout the entire City. Commission Weiland agreed and Indicated he understood that American Realty had already received significant assistance from the Community Redevelopment Agency. Commissioner Ross inquired If a majority of home foreclosures would receive assistance. Mr. Bressner indicated a maximum of 18 homes would be helped. Commissioner Ross noted her district has 65 homes In foreclosure. Commissioner Hay cautioned the Neighborhood Stabilization Program funds are spread around and the City has to qualify to receive the funds or the money goes back to the State. Mr. Bressner contended all four areas recommended are eligIble and fall within the four corners of the legislature policy decision. Mayor Taylor indicated the $400,000 for the Ocean Breeze project would help a blighted area. If the funds were not provided, the project would not move forward. Commissioner Weiland reiterated the developer had received assistance from the City and was suppose to look to the County and State for further funding. Mr. Bressner understood discussions the eRA staff had with the County was a 50/50 match was needed to leverage $1 million and the City or Community Redevelopment Agency would need to contribute approximately $500,000 more. The Q1AlmYAl~ A"'J81e,"USm: I.~..--, ..ll1 T. ~ fT.-~'111 w:li_w~U rill.' 1111, .Old ~~;:~~~~~Jill]J~;- ~~~~~'I ~fl'QCl()from Vice Mayor Rodriguez pointed out the proposed options utilized more of the monies in District 2 while the highest number of foreclosures are In District 4. The only option he would support would be focusing on foreclosures. Commissioner Ross asked for clarification on how the funds would be distributed. Mayor Taylor indicated the eligible homes would already be foreclosed and in the hands of the banks. Preventive measures were not addressed by the legislature. Mayor Taylor cautioned if the monies were not allocated to the Ocean Breeze project, the entire development would be jeopardized. Vice Mayor Rodriguez pointed out the funding is to assist home purchases and had nothing to do with projects. Commissioner Weiland noted the Ordinance Indicated the program was to assist in redevelopment of abandoned and foreclosed properties and provide benefits to individuals and families whose incomes do not exceed 120% of the median income. At least 25% had to be used to purchase foreclosed properties. Vice Mayor Rodriguez advised he would rather put a family in a home that is refurbished then to start a new project and leave those homes behind. Commissioner Hay contended it was a 9 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2.008 Motion Commissioner Weiland moved to approve Item Vl.G. Commissioner Hay seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Th~ City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None lX. CITY MANAGER'S REPORT: A. iilII.QIIf' 18ti~ .rJ' r' _~JtJ 11""11 WUlJ... L-I-1 r111ll1~~(tJ&r) .1. Mr. Bressner advised the City would be eligible for an allocation of $2.9 million from the Federal Housing and Urban Development Department (HUD) for a program called the Neighborhood Stabilization Program as an adjunct to the Community Development Block Grant program. The funding was available because Boynton Beach is an entitlement community. The formula for distribution of funds was based on the foreclosure rate. Four areas for the funding would be suggested and if approved, the grant applications would be submitted, HUD would review the material and a final decision would be made In February, 2009. The funds would be returned to the State if the City did not want to proceed with the program. The four areas for funding are as follows: · ~~:=~~~a~~ . Scattered site acquisition for deteriorated structures in the Heart of Boynton area for an amount of $400/000 . Foreclosed purchase and rehabilitation City wide of $1.8 million. There were 153 known foreclosed properties within the City limits as of last week . 10% allocated for administrative costs; the first and second options would not be as labor intensive as the third option Mayor Taylor questioned if the Commission would have final approval of where the money would be spent. Commissioner Weiland questioned if a property was bought and rehabilitated what would the City/s role be in selling the house. Mr. Bressner explained there would be a revenue stream that would come back to the fund for additional purchases. The homes would not be given away; rather bought from a bank, 8 Meeting Minutes Regular Oty Commission Boynton Beach, FL November 5,2008 real opportunity to move the Ocean Breeze project ahead and cause things to happen In the community. It still made no sense to Vice Mayor Rodriguez to start a new project and leave foreclosed homes abandoned throughout the City. The remaining funds would only assist approximately 20 homes. Mayor Taylor felt It was an opportunity to finally see some progress and get the Ocean Breeze project underway. Commissioner Ross asked the status of all the foreclosed homes In her District If assistance was not provided. Vice Mayor Rodriguez indicated the homes would just sit empty. Mayor Taylor stressed all the remaining funds would go to foreclosed homes. Commissioner Ross suggested if all remaIning funds were used for foreclosed homes It would be a good compromise. Mr. Bressner again explained the basis for staff's recommendations of the four options and reiterated the suggestion that another $400,000 be used to purchase homes In the Cherry Hill area. The remaining dollars could be spread throughout the other districts: however, Mr. Bressner took Issue with discussing allocations by districts. Vice Mayor Rodriguez asserted his concern was the entire City Is suffering and should be recognized and not just the Heart of Boynton Beach. Commissioner Weiland noted in light of past efforts to get Ocean Breeze off the ground, If $400,000 was awarded, the developer would not seek further funding from the County or the State. Mayor Taylor Indicated the $400,000 would go towards a match for County funding. Vice Mayor Rodriguez alleged the discussion should have been brought before the Community Redevelopment Agency Board first to inform the Board of the status of the Ocean Breeze project. Mayor Taylor summarized If $400,000 went to the Ocean Breeze project and $300,000 for administrative costs, $1.2 m/lllon would remain for foreclosures. Vice Mayor Rodriguez offered the suggestion that the $400,000 be allocated and then no other funds be used within District 2. Commissioner Hay strongly opposed separating the City and funding by districts. Mayor Taylor added each new acquisition would have to be approved individually by the Commission. Keturah Joseph, Boynton Beach CDC Executive Director, asserted the County would require a SO/50 match If any funds were awarded by the County. She also felt the matching funds would be leverage for the State to award funding. She suggested the monies be expended only If the developer seeks further funding from the County and State. If the developer fails to seek additional funding, the monies could revert back to foreclosed homes. There was consensus that $400,000 would be given to the Ocean Breeze project and the remaining funds would be dedicated to foreclosures Clty~wide. If additional funding sources were not sought by the developer, or the matching funding not received, the $400,000 would revert back to the foreclosed home program. Commissioner Weiland asserted if the properties in Cherry Hili were residences, he did not feel relocation expenses should be claimed. Mr. Bressner agreed that any occupied properties should be avoided. 10 Meeting Minutes Regular City Commission Boynton Beach, Fl November 5, 2008 Mark Karageorge, 240A Main Boulevard, commented the Ocean Breeze project would house 32 single families arid would address blight In the area. The contribution would also help with County and State funding and ultimately assist 40 to 50 families. The combined efforts would greatly enhance the area and the City in eliminating blight. Brian Miller, Chair of the Community Relations Board, strongly supported the idea that the Seacrest area was a blighted area. He urged the Commission to use the funds to eliminate blight by working as a team. Mayor Taylor agreed with Vice Mayor Rodriguez that the City as a whole needs to be addressed and the entire City needed to be included to balance the allocation of funds. The best buys also need to be considered. Mr. Bressner reminded the Commission there needed to be funding for administrative costs included in the allocation. Mr. Bressner recapped that $400,000 would go to the Ocean Breeze Project contingent upon receipt of matching funds from the County within six months, $2,273,311 to foreclosures and $290,000 for administrative costs. Staff would come back to the Commission with targeted areas and properties for final approval. Motion Commissioner Hay moved of the $2.9 million, $400{OOO would go to the Ocean Breeze Project, $290,000 for administrative costs and the remaIning balance for foreclosures Clty-wlde{ contingent upon the matching funds from the County being received within six months or the monies would revert back to the City for foreclosures. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. X. FUTURE AGENDA ITEMS: A. S.E. 4th Street Corridor Improvement Project - Review and discussion of project scope and budget - November 18, 2008 B. Report on Tow Contractor Meeting - November 18, 2008 C. Provide City Staff with policy guidance regarding the degree and breadth of "green" elements to be designed into the new Police Facility located at the intersection of High Ridge Road and Gateway Boulevard - November 18, 2008 D. Nautica/Meadows/Quantum Parks - November 18, 2008 E. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008 F. Review of NE 12th Avenue Canal - (Tabled on September 18, 2008 to December 2, 2008) G. Report on avallable mechanisms to save the Old High School - December 2, 2008 II It'" I'~' r~' ~IRY~T8~CRA 11 East Side-West Side-Seaside Renaissance '"j! eRA BOARD MEETING OF: December9,2008 I I Consent Alenda I X I Old Bosiness I I New Business I I Legal I I Other SUBJECT: eonsideration of Action on Ocean Breeze Site SUMMARY: At the November 5, 2008 City Commission meeting, the Commission voted to allocate $400,000 of the eity's $2.9M Neighborhood Stabilization Funds to the Ocean Breeze west project to develop 32 single-family homes. The funding is contingent upon the developer receiving an equal allocation from the eounty. According to County Housing and eommunity Development Department staff, there are no funds remaining in their 08/09 budget that could be allocated to this project. Due to the contingencies set by the Commission on the City NSP funds, the project is not fmanciaUy feasible unqer the current Purchase Agreement with American Realty. \ FISCAL IMP ACT: The project will continue to remain vacant and off the tax rolls and will produce no revenue to the eRA. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Plan RECOMMENDATIONS: The Board may wish to consider the following options: 1. Send notice of default to American Realty per the purchase agreement between American Realty and the eRA and land bank the property until property values increase such that the eRA can recoup its investment by selling the property. 2. Terminate the contract with American Realty and sell the property to the highest bidder to raise revenue for the MLK corridor project. 3. Terminate the contract with American Realty and go out for a THIRD RFP on the property. 4.~:;y{ Vivian L. Brooks Assistant Director ''\ J T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda lIem Request Forms by Meetlng\FY 2008 - 2009 Board MeeUngs\12-9-200e Meetlng\OB NSP.doc 1 1 2 3 4 5 BOYNTON BEACH CRA BOARD MEETING 6 DECEMBER 9, 2008 7 8 City Commission Chambers 9 100 E. Boynton Beach Boulevard 10 Boynton Beach, Florida 11 12 Transcription of 13 CONSIDERATION OF ACTION ON OCEAN BREEZE SITE 14 and 15 CRA WEBSITE 16 17 PRESENT: 18 MAYOR JERRY TAYLOR, CHAIR JOSE RODRIGUEZ, VICE CHAIR 19 WOODROW L. HAY, COMMISSIONER MARLENE ROSS, COMMISSIONER 20 RON WEILAND, COMMISSIONER LISA A. BRIGHT, EXECUTIVE DIRECTOR 21 VIVIAN BROOKS, ASSISTANT DIRECTOR JAMES CHEROF, BOARD ATTORNEY 22 KURT BRESSNER, CITY MANAGER FRANK CHIRKINIAN, REPRESENTING AMERICAN 23 REALTY DEVELOPERS PEGGY MILLER, REPRESENTING THE BANK 24 25 Job No. 142536 eourtReporterNet.com (800) 960-1861 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 '--'-.'-1 CRA Board Meeting, Boynton Beach, FL 12/9/08 (Start of Item C, '7:34 p.m.) MR. CHAIRMAN: Okay, Item C 1S consideration of action on the Ocean Breeze site. MS. BROOKS: At the November 5th city commission meeting, there was the vote to allocate a percentage of the city's NSP funds, neighborhood stabilization funds, to the Ocean Breeze project, 400 thousand of the 2.9 million. CRA staff was unaware of the caveat that was added at the meeting that we receive a matching amount from the county within six months. There are no current we cannot utilize county NSP funds because we're an entitlement city. The county does not have they have allocated their funds, their developer funds, for the year. They will not have an opening again and they have an opening in June for a new allocation for developer assistance for single-family homes. So the lpSO facto effect of putting a SlX month time line on getting a match from CourtReporterN et.com (800) 960-1861 3 1 CRA Board Meeting, Boynton Beach, FL 12/9/08 2 the county basically renders the 400 3 thousand from the NSP unusable to the 4 project. And I'm asking for board 5 direction, what they want to do. 6 The money that was requested was for 7 down payment assistance. So the need to 8 have the match for the money within six 9 months is not quite logical because 10 you're not using that money until the end 11 of the project when you close on the 12 housing. So I'm not sure where that came 13 from, but so, the money is necessary. 14 It's the gap money to make the housing -- 15 just like you heard from Jeff Wooster on 16 those units. It's 17 MR. CHAIRMAN: Yup. I personally 18 think this is a much needed project in 19 the heart of Boynton. We're talking how 20 many homes? Eight 21 MR. RODRIGUEZ: Thirty-two. 22 MS. BROOKS: Thirty-two homes. A 23 very much needed project and, well, I 24 realize the county is saying right now 25 that they don't have any money in their CourtReporterNet.com (800) 960-1861 .._------'~ J i i '. i 1 CRA Board Meeting, Boynton Beach, FL 1:2.9/(:8 2 fund, currently, and we're talking at 3 we're talking, though, at staff level 4 people. I am meeting tomorrow with the 5 CRA executive director with one of the 6 county commissioners, and I hope to 7 pursue some other possibilities of 8 funding from the county. So I would like 9 to have some extra time to keep pursuing 10 this. I think this is so important that 11 we get these thirty-two homes built in 12 the heart of Boynton. And the reason 13 we're talking six months is because this 14 board, when this first came to us, we 15 said well, if we don't get the money from 16 the county In six months, let's put the 17 money back to the city and let them 18 incorporate into the other, I think it 19 was two point some million we got, 20 something like that. But that's all 21 right, I might be off a little bit 22 MR. SPEAKER: (Indiscernible) 23 MR. CHAIRMAN: Oh, okay. So, but I 24 think they allowed us eighteen months to 25 make that happen. Is that correct? The CourtReporterNet.com (800) 960-1861 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 5 CRA Board Meeting, Boynton Beach, FL 12/9/08 city has eighteen months to make it come to reality. So I don't know why we would want to restrict ourselves to six months when we have, really, eighteen months to play with here, and like I say, as Vivian just said, we have until the end of that, really, to spend that money. MR. HAY: That six months was not a federal compulsory MR. CHAIRMAN: No, we came up with that. That was ours. MR. HAY: We came up with that. MR. CHAIRMAN: We came up and said oh, let's make sure we get it in six months. MR. CHEROF: We came up with that because they'd been in default for at least six months already. We gave them another six months. They'd been in default. MR. HAY: We're shooting ourselves in the foot. Let me hear from the city manager. MR. CHAIRMAN: Yes. eourtReporterNet.com (800) 960-1861 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 ('; eRA Board Meeting, Boynton Beach, FL 1 .9 (18 MR. is HUD BRESSNER: Well, the good news we sent the application, the entire packet to HUD, and we made it bv the deadline. And as far as this activity, HUD has preliminarily said it's okay to use the funds, sc you passed that first hurdle. The only comment we got back from HUD on the application itself was that the dollars that were to be used for the purchase of the homes, of the homes was to it needs to be In areas where there was a stronger or a higher concentration of foreclosed homes, which would be mainly in the northwest quadrant and In the northeast, which we kind of thought was going to be the case. When we submitted the application, initially, we put the entire community. They said no, you have to concentrate. That's not to say that we won't be able to get some funding from some other parts of the community, but they're going to be looking mainly at the northeast and northwest. But the 400 thousand dollar CourtReporterNet.com (800) 960-1861 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 7 CRA Board Meeting, Boynton Beach, FL 12/9/08 number, or figure of that project net activity, HUD basically said they were okay with. So at least we've gotten to the point of them approving the activity. MR. CHAIRMAN: Thank you. Appreciate the update. MR. HAY: Question, question also. MR. BRESSNER: Yeah. MR. HAY: The grocery store, is that an impact item for that Ocean Breeze? MS. BROOKS: Not on the -- not on this portion. MR. BRESSNER: No. MR. HAY: That was just the HOB. MR. WEILAND: Not on the west side. MR. HAY: Not on the west side. MR. BRESSNER: Yeah, that has nothing to do with the neighborhood stabilization funding. MR. HAY: I just wanted to be clear, because it's going to come up again. MR. BRESSNER: Oh, no, no. I'm not going shopping there. MR. RODRIGUEZ: So the project is CourtReporterNet.com (800) 960-1861 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 CRA Board Meeting, Boynton are we subsidizing the it sits? Beach, FL 1~'/9/C)8 land right ~ow, as MS. BROOKS: Yes. We are The project 1S not side because, you subsidizing the land. in default on the west know, the board executed an addendum to an amendment to the contract, so there 1S no default by American, just for point of clarification, Vice Chair. MR. RODRIGUEZ: But they were 1n default, then we gave them that extension. MS. BROOKS: Right. And so that MR. RODRIGUEZ: That means so it worked. MS. MR. that is 1n effect. But now we're saY1ng BROOKS: RODRIGUEZ: the six months is not enough. MS. BROOKS: Well, the money was asked for down payment assistance. You don't need the money until the end of the project when the housing closes. So putting a six-month caveat on it kind of defeats that purpose. CourtReporterNet.com (800) 960-1861 ""'"'", :-; 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 9 CRA Board Meeting, Boynton Beach, FL 12/9/08 MR. RODRIGUEZ: I'll tell you, you know, I'll be honest. I've had developers call me and say to me they will do this project with just the subsidized land and no other funding required. I've had two call me and say I'll -- this is crazy that they need all this money to do this project. They'll do it with just the subsidized land. And at affordable prices. So how do we -- you know, what do we do with those guys, they're calling me and they're telling me that. MS. signed a MS. MS. BROOKS: I think you've already legal agreement. BRIGHT: BROOKS: Correct. I don't know how you're going to get out of it. MR. RODRIGUEZ: I'm sorry? MS. BROOKS: The board is in a legal agreement with the developer on this portion of the project. MR. RODRIGUEZ: Well, you're giving me options right here. You're telling me CourtReporterNet.com (800) 960-1861 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 ill CRA Board Meeting, Boynton Beach, FL 12.908 we can terminate the contract with American Realty. Right here, said it. You said here's one you just of the options, so we can terminate it if we want. MS. BROOKS: That's if the you let the money run out. If you don't change the six months, then you don't allow the project to have the there's always subsidy required in affordable housing on the developer side, either on land or some other sub MR. RODRIGUEZ: Right, but In this case, we're doing it on both sides, MS. BROOKS: But there's also subsidy required for the buyer. Always. And I believe Couture Joseph and Octavia could speak to that. MR. RODRIGUEZ: money. We've already thousand. We've got that allocated the 400 MS. MS. project. That's a different That's a different BROOKS: BRIGHT: CourtReporterNet.com (800) 960-1861 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 11 CRA Board Meeting, Boynton Beach, FL 12/9/08 MS. BROOKS: We need -- when this came before the board, American Realty said they needed 900 -- approximately 8 to 900 thousand dollars for the buyers. That is where that money from the NFP came from. MR. RODRIGUEZ: Right, but that's based on the price of their home they're trying to build and sell. But if I've got developers that'll say I'll build it for an affordable price, I don't need the buyers don't need to be subsidized, that's worth looking into. MS. BRIGHT: Mr. Chair MS. BROOKS: Then why do we have to subsidize Auburn twenty-five million dollars? MR. RODRIGUEZ: I'm not talking talking about Ocean about Auburn. I'm Breeze, right now. MS. BROOKS: It's the same area. It's across the street. MR. RODRIGUEZ: Well, I'm telling you now, right now, there's -- developers CourtReporterNet.com (800) 960-1861 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 j I CRA Board Meeting, Bcyntcn Beach, FL 1 9;08 that are contacting me that say they can do this project at affordable pricing if you just subsidize the land. MS. BRIGHT: Mr. Chair? MS. BROOKS: Well, they always say that. Of course they do. MR. SPEAKER: Excuse me. Excuse me. MR. CHAIRMAN: Ms. Executive Director? MS. BRIGHT: me jus t the board We had a Yes. Let clarify a couple things that also directed staff to do. meeting with the developer and ourselves, with Shannon LaRocque, who handles she's the assistant county administrator and she handles the affordable housing program for all of the county. We also met with Mr. Ed Lowery, who handles the community development and the entitlement funds and that other program. We were directed, at that point, to get In front of the county's affordable housing MS. BROOKS: Commission on Affordable Housing. CourtReporterNet.com (800) 960-1861 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 13 CRA Board Meeting, Boynton Beach, FL 12/9/08 MS. BRIGHT: Commission on Affordable Housing. When we received the notice from the city that there was the restriction of the six months, there was e-mail correspondence with Ms. LaRocque and myself to determine if it made sense, because we'd learned that the monies were already pledged for the current year. Her response was, I believe it's important that you get this project in the pipeline. Typically, projects fall out, or you would definitely be in the pipeline to be considered for next year. As -- in our discussions with the city manager and his staff, at the neighborhood stabilization meeting, it was requested that when we went back to Commissioner Greene that we include city staff. There's a whole posse of us going down to meet Commissioner Addie Greene tomorrow to let her know how excited we are about this project, jointly, and to see if there's any monies that she has available, and seek her support that this CourtReporterN et.com (800) 960-1861 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I -+ 1 eRA Boa r d Me e tin g, Boy n ten B e a chi F lJ L:: 9 3 2 project stay in the pipeline. It f E. 3 seeking county funding in possibly the 4 next year. 5 So I think we're as well-positioned 6 as we could be in this economy, as well- 7 positioned as the project. I clearly 8 think that the community might be very 9 disturbed if we went out for the third RFP. We have wasted a considerable amount of time since we bought this land In March of 2007 unfortunate circumstances when the change of leadership occurred at the board level. There was no discussion with one board member who broke the cone of silence which caused Auburn to be rejected or excuse me Mr. Hinners to come and graciously say we'll step aside. We went out to RFP again, and that was how American reapplied the second time. So we're kind of in that pipeline, and we're kind of in what we call the business of affordable housing. There's CourtReporterNet.com (800) 960-186] 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 15 CRA Board Meeting, Boynton Beach, FL 12/9/08 only a few experts in the business; we're engaged with two of them. So I think that that might make some community issues is if a developer says they can do it, we all really know what the real cost of construction is today, and the cost of affordable housing. I think this area's won some national awards, local awards, and some state recognition for our program. So I think it's important that the public understands that we've been in this cycle with this site since the land was purchased in early 2007. So I don't -- I'm not supportive of pushing an agenda that would delay the project further or to get those thirty-two homes, single-family homes on the west side, especially since Mr. Wooster just indicated his demand is keeping pace with the previously budgeted 400 thousand for the other project the board pushed. MR. CHIRKINIAN: Can I just say one quick thing? Frank Chirkinian; I'm eourtReporterN et.com (800) 960-1861 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 J(-; eRA Board Meeting, Boynton Beach, FL 1 .C)i 8 representing ARD. This 400 thousand dollar contribution, which is going to the first-time home buyers, is effectively writing down the cost of the house for the buyer. So, you know, if you didn't give us the money to write down the retail value of the home, those homes are going to be sold for more money. So, what effectively we're doing is reducing the price of the home for the end buyer. So this allows somebody who makes a lot less money to qualify for that house. Otherwise, we've got to add on that And probably expense to the home. we can build those homes, and sell those homes, for more money. But we don't want to do that We want to reduce the retail value of these homes to the end user so that their buyers so the buyers can actually qualify for these homes. Because we're talking about low and very low income AMI buyers. And these folks, you know, need to be given every opportunity. So, you CourtReporterNet.com (800) 960-1861 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 17 CRA Board Meeting, Boynton Beach, FL 12/9/08 know, we're not trying to layer on additional costs. This is actually allowing us to reduce the retail value of the homes. So I just wanted to get that MR. RODRIGUEZ: your projects. MR. CHIRKINIAN: It's subsidizing No, it T S actually subsidizing the end buyer. MS. BROOKS: Subsidizing the end buyer. MR. RODRIGUEZ: I understand that, but it's going in your pocket. MR. CHIRKINIAN: It's not going in our pocket. MR. RODRIGUEZ: pocket. MR. MR. The developer's CHIRKINIAN: RODRIGUEZ: No, it's not. Sure, it is. Come on. MR. CHIRKINIAN: No, here's the thing. MS. We can sell that house -- BROOKS: That is not -- that is incorrect. CourtReporterNet.com (800) 960-1861 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 CRA Board Meeting, Boynton Beach, El 2 MR. CHIRKINIAN: 3 ::-; i ?L '1' o / .' T hat listerl, ~f we wanted to sell that house for 4 additional money, we could. 5 MR. RODRIGUEZ: 6 Why don't you? Why don't you build the project, then? Go do 7 it. 8 MR. CHIRKINIAN: 9 don't want to. MR. RODRIGUEZ: MR. CHIRKINIAN: MR. RODRIGUEZ: We don't we Go do it. We don't want to. Go do it. You want to (indiscernible) so much, go do it. MR. CHIRKINIAN: business. We're not in that We're in the business of building affordable housing. MR. RODRIGUEZ: Let's go do it.. You're blowing smoke, Frank I come on. MR. CHIRKINIAN: smoke. MR. RODRIGUEZ: MR. HAY: We're not blowing You are. Mr. Mayor? Yes. MR. CHAIRMAN: MR. CHIRKINIAN: opinion. That's your CourtReporterNet.com (800) 960-186] 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 19 CRA Board Meeting, Boynton Beach, FL 12/9/08 MR. HAY: If I may make a statement. MR. CHIRKINIAN: We're trying to do the right thing here. I think we've already proven that we've done the right thing with RTG building eight affordable homes. MR. CHAIRMAN: Yup. MR. CHIRKINIAN: I don't know what else we -- what else you want from, you know. MR. CHAIRMAN: Thank you. MR. HAY: I hope the perception that I'm receiving here is continues to be a positive one from this board, with the exception of a few statements here, because it appears to me that there's always something being thrown in as a monkey wrench to try to keep this project from progressing. It's been too long. MR. SPEAKER: That's my opinion, too, so. MR. HAY: We need to move forward. And I would like to say where were these developers when the RFP went out -- eourtReporterNet.com (800) 960-1861 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .---..--'--.-'---------~..._~'---_._---'-'-'._..I 20 ! 1 CRA Board Meeting, Boynton Beach, 12 9 8 J::'- c J.,J 2 MR. SPEAKER: That's right. 3 MR. HAY: 1n the first place? 4 Did they just come on the scene? 5 MR. SPEAKER: That's right. 6 MR. HAY: So let's move ahead with 7 what we have. 8 MR. RODRIGUEZ: Commissioner Hay, 9 can I address that briefly, please? MR. HAY: Go ahead. MR. RODRIGUEZ: When the RFP went out, these here folks bid, what, two million dollars for the land? What was it you -- what was the bid? MR. CHIRKINIAN: Wait a second, now. MR. RODRIGUEZ: No, no, just MR. CHIRKINIAN: We're talking about completely different market conditions at the time. MR. RODRIGUEZ: No, hang on a second, hang on a second, hang on a second. When you responded to the RFP, how much did you re - how much were you going to pay for the land? MR. CHIRKINIAN: Well, this was eourtReporterNet.com (800) 960-186] 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 21 CRA Board Meeting, Boynton Beach, FL 12/9/08 MS. BROOKS: (Indiscernible) line of questioning -- MR. RODRIGUEZ: How much were you going to pay for the land, Frank? MR. CHAIRMAN: What a second, now. MR. CHIRKINIAN: Well, could you just tell me what you meant MR. RODRIGUEZ: to pay for the land? MR. CHIRKINIAN: How much were going Wait a second. You're trying to paint us as bad guys, here, and -- it, MR. hold Wait a minute. it, hold it. One Hold CHAIRMAN: it, hold person at a time, here. MR. RODRIGUEZ: Lisa, how much was the RFP response for the land value that the American -- ? I think it was a MR. CHIRKINIAN: million-six. MS. BRIGHT: Can I clarify? whoa, whoa, let me clarify. Wh 0 a, MR. RODRIGUEZ: So the point I'm trying to make to Commissioner Hay is eourtReporterNet.com (800) 960-1861 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 n eRA Boa r d Me e tin g, Boy n ton Be a c h, F L 1 2 i 9 / () 8 that when they responded to RFP, they were going to pay over a million dollars for that land. That, now, has changed, and they're not paYlng us a penny for that land. MS. BRIGHT: That's not true. MR. RODRIGUEZ: And we have not and we have not gone out to other developers at that same scale of giving them the land for free. MR. HAY: I hear what you're saying, but I want to hear from Vivian what she had to say. MS. BROOKS: The agreement to sell the land, the purchase agreement, there are two parcels and there are two purchase agreements. This purchase agreement, that we're speaking of tonight, is on the west side. Originally, it was a million-two, I believe, off the top wrote the land down because of my head. We to S.lX hundred MR. RODRIGUEZ: Without doing the CourtReporterNet.com (800) 960-1861 23 1 CRA Board Meeting, Boynton Beach, FL 12/9/08 2 RF P? 3 MS. BROOKS: The RFP did not specify 4 any price for the land. They asked for 5 people to say what they would pay for the 6 land. It did not say we want to sell the 7 land for a price. The board voted to 8 write it down, based on current market 9 conditions. The other side, the board 10 has not addressed, as of yet, the other 11 side, the other purchase agreement and 12 the default on that. And yes, that side 13 does need the grocery store. 14 So we have consistently, in this 15 board, given land to habitat through the 16 RFP process or the CDC for no dollars and 17 then turned around and given a home buyer 18 assistance to buy that home. 19 Consistently. And there has been no 20 change in -- there has been a very slight 21 change in the cost of construction, and I 22 mean slight. Other than that, there has 23 been no material change in the cost of 24 developing housing or the wages people 25 earn. CourtReporterNet.com (800) 960-1861 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .--..-"---------1 I 24 1 C RA Boa r d Me e tin g, Boy n ton Be a c h, F L 1 2 " 9/ (12; 2 MR. CHAIRMAN: Well, I would like 3 to, at this time, do nothing to change 4 the route we're on here except that I 5 would like to ask that the six-month 6 deadline that we originally imposed be 7 lifted so that we can have an opportunity 8 to try and pursue the money that I 9 could -- MR. HAY: We would appreciate that, too. Thank you. MR. CHAIRMAN: I'll do what I can to receive money from the county. MS. BRIGHT: I would think that, Mr. Chair, that that's a city commission issue. Am I correct? I don't think we have the authority, do we? MR. HAY: Didn't we do that? MS. BRIGHT: I think Kurt that's Kurt's program. MR. HAY: Did we do the city do that or did we do it? MS. BRIGHT: The city manager's MS. BROOKS: City manager. MS. BRIGHT: administering that CourtReporterN et.com (800) 960-1861 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 25 CRA Board Meeting, Boynton Beach, FL 12/9/08 program, I would think you'd have to go back -- CRA could make a recommendation, just ask the city commission a request. MR. CHAIRMAN: That's right. I guess I did that at the city commission, we did that six-month thing. That's right. MR. RODRIGUEZ: When is the six months come up? MS. BROOKS: The six months on the NSP? MS. BRIGHT: Since November, it started in November. MR. RODRIGUEZ: All right, when does the six come up, Vivian? MS. BROOKS: I'm not sure because I'm not sure when -- how they worded it at the -- MR. RODRIGUEZ: Well, it seems like it was just last month we gave them the six-months' extension. MS. MR. Right. The commission action BROOKS: CHEROF: was November -- eourtReporterNet.com (800) 960-1861 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~'f; 1 CRA Board Meeting, Boynton Beach, FL 1:2i9/()8 MR. RODRIGUEZ: So why are we arguing about it now? MR. CHEROF: The commission action was November 5th 2008. MR. CHAIRMAN: Right MS. BRIGHT: Yeah. MS. BROOKS: I believe the V1ce chair's referring to the contract the purchase contract. contract in effect There 1S a purchase they are not 1n default on the project on the side we are talking about. There was an amendment by this board, approved, executed by both parties that this 1S going forward. There 1S no time period, except they have two and a half years to complete the building of thirty two homes. So this contract 1S in effect MR. RODRIGUEZ: But why 1S this before us if there's no issue? MS. BROOKS: It is an update on the ability of the project to access the 100 thousand dollars of CRA's funds and the 400 thousand dollar requirement of a CourtReporterNet.com (800) 960-1861 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 27 CRA Board Meeting, Boynton Beach, FL 12/9/08 county match, which was never mentioned in any meeting that I attended or Lisa attended, that would have to be received within six months. That is why it's before you. MR. MR. Yeah, I think it -- And so when do we CHAIRMAN: RODRIGUEZ: have -- we have until when for that? That's the question, that I had originally. MR. CHAIRMAN: Well, I think the point is it was eighteen months. The city had eighteen months to spend the monies, right? And I think why would we work under a different time line than the city? It's the same pot. MR. RODRIGUEZ: Right. MR. CHAIRMAN: We're working about the same pot of money. MR. RODRIGUEZ: Yeah, but I think -- MR. CHAIRMAN: So we should all have the same time line. MS. MR. BRIGHT: I agree. RODRIGUEZ: Yeah, but guys, we CourtReporterNet.com (800) 960-1861 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 :'X eRA Board Meeting, talked -- this Boynton Beach, is money that 1 2 '9 8 Fl the money was originally allocated for to buy foreclosed homes to redevelop neighborhoods. That's what that money this is what that money's for. And we said we want to do that as soon as possible so that at some point, this market's going to turn back up. And as soon as it turns back up, these homes are going to get more expensive. And so we talked about that at the city commission meeting that we wanted to buy them as soon as possible so we can get them at the low price and refurbish them and supply them back out to the market. So if we're going to wait eighteen months to use this money, by the time eighteen months comes around, this money's worth, you know, 250 thousand. And we made that point at the commission meeting. MR. BRESSNER: No, I don't think that's what the mayor said or the chair said. I think we've got eighteen CourtReporterNet.com (800) 960-1861 29 1 eRA Board Meeting, Boynton Beach, FL 12/9/08 2 months to begin -- encumber the dollars 3 and spend it. So, you can start any 4 time, but we won't not get final approval 5 on the funding until February of 2009, at 6 the earliest. We only got a preliminary 7 okay with the -- as I indicated before 8 the stipulation that we reorient where 9 we're purchasing the foreclosed homes 10 when they did the initial review on our 11 grant application last week. So we 12 resubmitted it with that data, but we've 13 not gotten final approval yet on the 14 grant. But we will not receive final 15 approval much before February of 2009. 16 If you're going to be starting the clock 17 running, I would start it at least six 18 months from February, not six months from 19 November, at least. 20 But it sounds to me that your 21 conversation you may have tomorrow with 22 the county commission member and what 23 Ms. LaRocque said, it sounds like that 24 they potentially could have some funding 25 commitments for you for their next fiscal CourtReporterN et.com (800) 960-1861 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 in CRA Board Meeting, Boynton Beach, FL 129/CJ8 year. MR. MR. That's correct. It's a question CHAIRMAN: BRESSNER: whether the city commission wishes to amend its previous time line, and that should come back to the city commission rather than before the CRA board. MR. CHAIRMAN: I agree. I got confused on who drew the six-month deadline. My make a motion suggestion to ask the would be that we city commission to reconsider the six-month deadline on this project. MS. ROSS: oh, you're not I sec making it. Someone has to make a motion. MR. CHAIRMAN: that motion. Somebody can make MS. MR. So moved, so moved. I will make that motion to ROSS: HAY: recommend that the city reconsider the six-month MR. CHAIRMAN: 1st here a second? MR. CHEROF: Well, that actually Commissioner Hay's comment was a second CourtReporterNet.com (800) 960-1861 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 31 CRA Board Meeting, Boynton Beach, FL 12/9/08 to Commissioner Ross's MS. ROSS: Yeah, urn-hum. MR. CHAIRMAN: Okay. MR. HAY: Okay. MR. CHEROF: She moved it. MR. CHAIRMAN: Okay. MR. HAY: Okay. MR. CHAIRMAN: I did have motion and a second. MS. ROSS: Thank you. MR. CHAIRMAN: Any other discussion? All in favor? MS. BRIGHT: Raise your hand if -- IN UNISON: Aye. MS. MILLER: Mr. Chair, I'm sorry. If I may just share a little bit of information from -- I know you are all very well aware of the current banking crisis and these buyers' availability to mortgage products. And I think that it's very important for the vice chair to understand that this money that is given to these buyers is not a gift. It is a subsidy, and it has to be repaid upon the eourtReporterNet.com (800) 960-1861 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 --'-""0--1 ~"l ',,- 1 eRA Board Meeting, Boynt::ln Beach, FL 12/9/()8 2 sale of that property. So it's not money 3 that's being thrown into the developer's 4 pocket. It is going directly to the 5 homeowner and repaid upon sale of that 6 home. 7 MR. RODRIGUEZ: I understand that. 8 MS. MILLER: Okay. 9 MR. RODRIGUEZ: But don't, I mean, my MS. MILLER: Okay, I'm just MR. RODRIGUEZ: I understand that I'm very familiar with financial markets, but don't come up here and tell me that you can build these homes and sell them because that's not true. And if you could, you would. MS. MILLER: Well, I'm not the developer, I work for the bank, so MR. RODRIGUEZ: Not you; I'm not referring to you. don't come That's up here to the mike and tell me you can build this project and sell these homes, because that's not true because otherwise you'd be doing it. CourtReporterNet.com (800) 960-1861 33 1 CRA Board Meeting, Boynton Beach, FL 12/9/08 2 3 4 5 6 7 MS. MILLER: 11m sorry. 8 MS. BRIGHT: I'm sorry. 9 MR. CHAIRMAN: Okay, you finish. 10 MS. MILLER: What I was trying to 11 get to you is that based on the current 12 market conditions and financing 13 availability for first-time home buyers, 14 the subsidy, in and of itself, is a 15 crucial piece to these buyers getting 16 financing, because they don't have a 17 twenty percent down payment and they 18 don't always have the credit criteria 19 that needs to be utilized for Fannie Mae 20 financing. 21 So I just would like the board to 22 know from my professional opinion and my, 23 you know, from where I'm coming from, 24 this, in and of itself, is crucial to 25 these people being homeowners, and that MS. MILLER: Well, that's just MS. BRIGHT: Mr. Chair? MR. HAY: my comment is MR. CHAIRMAN: I'm sorry, let her finish. eourtReporterN et.com (800) 960-1861 ~-------'~------".''''"~''--'':I I q 1 CRA Board Meeting, Boynton Beach, FL 12'9/08 2 can make a huge differential to therr In the type of financing they can obtain. The second point I wanted to make 1. s that in all cases where there is subsidy 3 4 5 6 available to these buyers, you very 7 rarely see any predatory lending going on 8 because of the overlays and oversight 9 from the CRA. So, you know, that's 10 another layer to make this a beneficial, 11 you know, idea for these buyers. Because 12 if we take that out and we're leaving it 13 to just the developers to find financing 14 for these buyers, you aJso have an 15 opportunity for, again, the predatory 16 lenders to come in and get these people 17 into any mortgage product that's 18 available. 19 MR. CHAIRMAN: Thank you. 20 MS. MILLER: Thank you. 21 MR. CHAIRMAN: Lisa? 22 MS. BRIGHT: Yes, I would like to 23 remind the board that this item was 24 brought back for consideration against 25 the material deviation against the RFP on CourtReporterNet.com (800) 960-1861 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 35 CRA Board Meeting, Boynton Beach, FL 12/9/08 August 12, 2008. "There was consensus" -- this is a quote, "There was consensus to move ahead with the project by giving American Realty the land. Staff also supported the request, which was to develop the property on the west side. Ms. Brooks noted the contact would have to be redone and the item would have to come back to the board." So that is the board direction that we were following from the August 12th board meeting. MR. CHAIRMAN: before us tonight. and a second. All Maybe that's why it's Okay, I have a motion in favor? IN UNISON: Aye. MR. CHAIRMAN: All opposed? motion is unanimous. So the MR. MR. BROWN: I had just one CHAIRMAN: We're done question. with that item, sir. MR. BROWN: Well, I -- but -- MR. CHAIRMAN: There was a motion and a second. CourtReporterNet.com (800) 960-1861 1 2/9/08 CRA Board Meeting, Boynton Beach, FL 2 MR. BROWN: The only question was 3 whether the city's going to be glvlng 4 away any other land. 5 MR. CHAIRMAN: Well, that's not 6 MR. BROWN: That was 7 MR. CHAIRMAN: We're not getting 8 into that at this point. That1s off the 9 agenda. 10 (End of item C, 7:58 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~~l I I I I I , I I I CourtReporterNet.com (800) 960-1861 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 9, 2008 Ms. Brooks noted the item was on the agenda at the request of the Chief of Police in order for the Board to gauge the effectiveness of the CRA policing efforts. There had been a change in the reporting method. The old report consisted of an Excel spreadsheet, while the new report consisted of an Excel spreadsheet and a narrative of the activities performed by the team during the time period. A summarization was included as to number and type of arrests made by police districts. Sgt. DeGiulio provided a more in-depth narrative report from March through October 2008 which included a year-to-date net gain or loss in criminal activities. Essentially 95% of the CRA area was encompassed within the policing reporting areas. Ms. Bright pointed out the CRA Policing Unit would not mark its one-year anniversary until March 17th and as such, the benchmark was difficult to establish. Bob Brown, 701 South Seacrest, requested meeting materials be provided at the front desk. Chair Taylor suggested Mr. Brown stop by the CRA office, at which time he would be provided with copies. Ms. Brooks asked for a consensus as to whether the new reporting form was acceptable. Attorney Cherof recommended the format be accepted by motion. Motion Mr. Hay moved to accept the format. Mr. Weiland seconded the motion that passed unanimously. B. Consideration of CRA Boundary Amendment Action Ms. Brooks reported the issue had been resolved after two and a half years. Chair Taylor, Attorney Cherof, Ms. Bright and Ms. Brooks met with Palm Beach County Appraiser Gary Nikolits and his staff. Mr. Nikolits will be able to create the new CRA districts in the year of annexation of the projects. As a result, the CRA would be receiving the revenue for the improvements to the projects, and the five-year budget projections were on target. Additionally, the Property Appraiser did not expect the valuation drop to be as severe as anticipated, and would be closer to 5%. The City Manager's projections were approximately 4.5% for the CRA. Chair Taylor expressed his appreciation to Ms. Bright, Ms. Brooks and Attorney Cherof for their efforts in resolving the issue to the benefit of the CRA. A tremendous amount of work was involved in bringing the matter to fruition. C. Consideration of Action on Ocean Breeze Site Ms. Brooks advised action had been taken at the November 5, 2008 City Commission meeting to allocate $400,000 of the City's $2.9M Neighborhood Stabilization Funds 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 9, 2008 (NSF) to the Ocean Breeze Project. CRA staff was unaware of the caveat added at the meeting that the CRA receive matching funds from the County within six months. She explained County Neighborhood Stabilization Funds (NSF) could not be utilized because Boynton Beach was an entitlement City. The County had allocated their development funds for the year and would not be able to allocate funds for developer assistance until June. The six-month requirement to obtain matching funds from the County rendered the $400,000 from Neighborhood Stabilization Funds (NSF) unusable to the project. Additionally, the six-month caveat was illogical. The funding requested was for down- payment assistance and the funds would not be utilized until the project had been completed and closings occurred. Chair Taylor believed Ocean Breeze was a much-needed project in the Heart of Boynton which would provide homes for 32 single families. Chair Taylor would be meeting with the CRA Executive Director and a County Commissioner in order to pursue other funding opportunities from the County. He requested additional time to pursue this. Regardless of the six-month proviso required by the City Commission, the City would have 18 months within which to encumber the funds. Kurt Bressner, City Manager, advised the application packet had been sent to the Federal Department of Housing and Urban Development (HUD), and HUD noted its preliminary approval of the City's use of the $400,000. The only comment received from HUD was that the dollars that were to be used to purchase the homes were to be utilized in areas having a higher concentration of foreclosed homes, mainly in the northwest and northeast quadrants. That did not mean that funding would not be available for other parts of the community. Ms. Brooks advised the land was being subsidized. The project was not in default on the west side, as the Board executed an amendment to the contract granting an extension to American Realty. Vice Chair Rodriguez advised he had received calls from developers who agreed to develop the project at affordable prices if the land were subsidized. He believed this should be explored. Ms. Bright noted staff previously met with the developer, Assistant County Administrator Shannon LaRocque, and Ed Lowery, who dealt with Community Development and entitlement funds. While the County did not have funds available this year, Ms. LaRocque believed it was important for the project to be in the "pipeline" to be considered next year. Staff would be meeting with County Commissioner Addie Greene in search of funding and support for the project. Ms. Bright did not believe the community would be pleased if a third Request for Proposals (RFP) was sought. She did not favor delaying the project further. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 9, 2008 Frank Chirkinian, representing American Realty Development CARD), commented the $400,000 contribution allowed American Realty Development (ARD) to write down the retail value of the homes and reduce the cost to the buyers. He contended he could build and sell the homes for more money, but he did not wish to do so. Ms. Brooks noted there were two purchase agreements relating to the sale of two parcels of land. The purchase agreement addressed at this meeting related to property on the west side. The original the cost of the land was $1.2 million, but was written down to $600,000. It was noted there had been no material changes in the cost to develop housing other than a slight change in construction costs. Chair Taylor requested the six month deadline originally imposed by the City Commission on November 5, 2008 be lifted so that other funding opportunities could be explored. Vice Chair Rodriguez felt that, although the funds were not required to be encumbered for 18 months, they would be worth considerably less at that time. Mr. Bressner explained that final approval of the funding would not be received until February 2009, at the earliest. He suggested the six-month requirement begin running from February rather than November, but believed the City Commission might wish to amend its previous timeline. He felt the County might be able to provide funding for ,/ the next fiscal year. Chair Taylor suggested that the Board make a motion requesting the City Commission reconsider the six-month deadline on the project. Motion Ms. Ross moved to recommend that the City reconsider the six-month timeframe. Mr. Hay seconded the motion. Peggy Miller pointed out the funding provided to the buyers was not a gift and had to be repaid. Based on current market conditions, the subsidy was crucial for buyers to obtain financing. Ms. Bright noted that at the August 12, 2008 Board meeting, there was consensus to move ahead with the project by giving American Realty the land. Staff also supported the request to develop the property on the west side. Ms. Brooks noted the contract would have to be revised and the item brought back to the Board. The motion passed unanimously. 13 ~"\'\':7!J'Y'O J:. r/". ,,,C. I;..({ "01''''," .'j~/ 6',f~~ :c (J"~. '~H~~~ U O}~~tt~ ""ON <;> CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Cily Commission Date Final Foml Must be Turned Requesled City COlllmission Date Final Form Must be Turned Meetinl! Dates in to City Clcrk's Office Meeting Dates UJ.lQJ::ity Clerk's Office; ~ December 16,2008 December 1,2008 (Noon) 0 February 17, 2009 February 2, 2009 (Noon) 0 January 6, 2009 December 15, 2008 (NODll) 0 March 3. 2009 February 17.2009 (Noon) 0 January 20, 2009 Janual)' 5. 2009 (Noon) 0 March 17,2009 March 2,2009 (Noon) 0 February 3, 2009 January 19,2009 (Noon) 0 April 7, 2009 March] 6. 2009 (Noon) 0 A nnouncements/Presentations 0 City Manager's Rep0l1 NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements r~ Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Remove the contingency of receiving a match to the City's NSP funds within six months for the Ocean Breeze West project. EXPLANA nON: At the November 5, 2008 City COllunission meeting, the Commission voted to allocate $400,000 of the City's $2.9M Neighborhood Stabilization Funds to the Ocean Breeze west project to develop 32 single-family homes to provide down-payment assistance to low and moderate income purchasers. However. the allocation was made contingent upon the developer receiving an equal allocation from the County within six months (fi'om what date is not clear from the minutes). According to County's Housing and Community Development Department staff, there are no funds remaining in their 08/09 budget that could be allocated to this project. One of the possible sources of down payment assistance is the State Homeownership Pool Program (HOP) where funds are allocated to each buyer on a first-come, first serve basis. Therefore, there is no way to allocate all $400,000 within a six-month period. The requirement of a match within six months is onerous on the project since the funds being sought are for the purpose of down payment assistance. and will not needed until the closing of each home. The NSP guidelines do not put such a timing restriction Oil the funds. Additionally, the attached memo from Quintus Greene, Development Director, does not mention such a restriction. PROGRAM IMPACT: Heart of Boynton Community Redevelopment Plan FISCAL IMPACT: None City Manager's Signature Assistant to City Manager Community Redevelopment Agency S:\BULLETIN\FORMS\AOEND^ ITEM REQUEST FORM.DOC City Attorney / Finance Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 deal or redevelopment effort. Commissioner Hay seconded the motion. The motion passed 4- 1. (Mayor Taylor dissenting.) Mayor Taylor maintained that the Old High School was not worth saving for $8 million and a catalyst for the City could be built at the site for much less. Taxpayers are still subsidizing restoration projects in other cities and they remain a drain on those communities. The Old High School building is totally deteriorated inside and would have to be completely rebuilt inside with only the outside shell remaining. Vice Mayor Rodriguez reiterated the intent of his motion was to use the Old High School as an incentive in return for the new project and incorporate the Old High School into any development decisions being made. Mayor Taylor stressed the discussion thus far involved the site of the current City Hall only. He had suggested offering more land to make the deal even better. However, he would not include the Old High School site based on the decision of the Commission. Commissioner Weiland had supported saving the Old High School, but did not feel it would come to fruition. He agreed with letting the voters decide on a referendum issue. Herb Suss, 1711 Woodfern Drive, echoed Mr. Edward's remarks. A referendum vote would allow the citizens to have a voice in the decision. If an alternative can be found in the interim, the Old High School would have had two options for survival. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Remove the contingency of receIving a match to the City's Neighborhood Stabilization Program (NSP) funds within six months for the Ocean Breeze West project. Mayor Taylor reported he had a met with Lisa Bright, Community Redevelopment Executive Director and Addie Green, County Commissioner, stressing the need for the matching funds to commence the Ocean Breeze West project for construction of 38 single family homes. Ms. Green was very positive, but could make no guarantees. Vice Mayor Rodriguez was encouraged, but felt a time limit of eighteen months should be included. (Commissioner Weiland left the dais.) 18 Meeting Minutes Regular City Commission Boynton Beach, FL December 16,2008 ~ Vice Mayor Rodriguez moved to remove the contingency of receiving the match to the City's NSP funds within six months and changed it to eighteen months. Commissioner Hay seconded the motion. The motion passed +0. (Commissioner Weiland returned to the dais.) Mr. Bressner confirmed with Quintus Greene, Director of Development, it was eighteen months to encumber the funds and three years to spend the funds. Mayor Taylor wished everyone Happy Holidays. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8: 10 p.m. CITY OF BOYNTON BEACH AlTEST: r . ~,J~~ 4~~, ~z: w~row l. Hay, ~mmlssJOner .ht.~net M. Prainito, C ?__,_/./-/-/~ /: /" . ;-/ IT" City Clerk /' -" ~~ .' , c-:-:':"'~;'" .,;1: Marlene Ross, Commissioner , " ./ / ,7,~, ./ , ~ -t.... .. .- dith A. Pyle puty City Clerk " 19 ~..:,.,.';.:.r-.t~~.:.'.......30'YNT-ON (. 'RA' .... ~:~.". st{i;': 3 ~ A C -H iIIi East Side - West Side- Seaside Renaissance MEMO TO: Quintus Greene, Development Director FROM: Vivian Brooks, Assistant Director DATE: January 6, 2009 RE: Allocation of NSP and CRALS funds for Ocean Breeze cc: Lisa A. Bright, Executive Director Kurt Bressner, City Manager Lori La V erriere, Assistant City Manager Octavia Sherrod, Community Improvement Manager In response to your attached memo dated October 21, 2008, please see my answers to your questions below: 1. It is my recommendation that the CRA have a soft second on each home; similar to the one we use with the Agency's Homebuyer's Assistance Program (HAP). This will prevent flipping of the units and ensure long-term affordability. 2. The site plan is not complete, so the total number of units is not set. There will be approximately 28 - 32 units in the development and 25% of those will be sold to families with incomes 50% or below ofMHI. The remainder of the units will be sold to families earning at or below 120% of MHI. 3. Project activity has begun. The developer is working on the site plan and civil engineering. Based on a four month site plan and rezoning timeline, groundbreaking should occur for a model no later than late summer 09. 4. NSP/CRALS funds will be used to reduce the cost of each home. The amount ofNSP/CRALS funds per home will be based on the amount of subsidy needed by the buyer. We foresee that the low-income buyers will have more subsidy and therefore a larger second mortgage in favor of the CRA. The second mortgage will be for a term of 30 years. No interest will be charged ifthe buyer abides by the terms of the mortgage. r have a number of technical questions regarding the allocation of eRA].:-; and N~P funds for the Ocean Breeze project: ]. Now that the Commission has removed the six month matching fund~ requirement, what is the tirneline to expend the NSP funds? 2. Can the funds be drawn down now and passed to the buyer through a reduction on the purchase price of the home? Does the City want a soft second on each home? If so, what would that amount be; $500,000/number of homes? Would the City entertain a joint mortgage with the eRA. that would cover both ~ubsidies in the project rather than a second and third mortgage? 3. In your memo dated October 21, 2008 (attached) you state that the eRA is the sub recipient of the NSP funds, Is that true of the eRA},S funds also? 4. What are the restrictions, if any, on the CRALS funds? 5. If the CRA is the sub recipient of both funds can tbe funds be paid to the CR,-\' now and if so, should there be an ILA between the City and eRA that outlines the CRA's obligations and deliverables referenced in your memo? Please let me know how you want to proceed. Thanks Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 '''-'', b. Adoption of Resolution Deeding Certain Portions of 222 N. Federal to the City for Public Right-of-Way Ms. Brooks explained in October 2002, when the Community Redevelopment Agency purchased the property, it was much larger. The design of the Boynton Beach Boulevard Extension took a portion of the property (the Relax Inn site). Through an interlocal agreement, staff was to draft a deed giving that portion to the City for the public right-of-way; however, it never occurred. Had it been drafted, it would have had a lower assessed value. This item was to correct the oversight from the prior director. Motion Vice Chair Hay moved to approve the resolution and approve the execution of the Quit Claim Deed transferring the property identified in Quit Claim Deed from the Community Redevelopment Agency to the City. Mr. Weiland seconded the motion that unanimously passed. Ms. Brooks explained under the Direct Incentive from the TIF funds, the Agency was required to file a Value Adjustment Board hearing request, which was done. The oversight was discovered while staff was researching the issue. A new survey was obtained and they received a reduction Of 26% of the assessed valuation of the property for 2009, or about a $5,700 refund on the taxes for 2009. I. New Business: '\ a. Consideration of Issuing an RFP for Eight Single-Family Lots in HOB Ms. Brooks explained when the item was discussed with the community regarding what they wanted to have, and plans were floated to the community regarding the Martin Luther King corridor. Over the years, the Community Redevelopment Agency acquired land both on the corridor and on 9th and 11th in preparation for the massive redevelopment. The Treasure Coast Regional Planning Council had studied how much retail the corridor could hold. It did not exceed 40,000 square feet. The Heart of Boynton Plan had two small sections zoned C-2 Commercial at Seacrest and MLK and Federal Highway and MLK. They had eight lots that were not commercial, nor were they recommended to be commercial in the plan. If the Board desired, the lots could be developed as new single-family infill housing. Staff brought the item forward for the Board's consideration. The members discussed ownership of some of the nearby lots. When developing the area, there had been discussion that three to five acres was needed for a phase I development. Vice Chair Hay understood staff was land banking until such time as they could develop the strip from 5eacrest and MLK to a portion of 9th on the east side of 5t. John Missionary Baptist Church. With the land the Community Redevelopment Agency owned, plus the Roberts property, the little church's property, the five lots, plus what the City owned, there would be a large parcel. It was thought there would be development, but not single-family housing. Vice Chair Hay thought the concept of land banking should be continued until the market tumed around. He did not think it was prudent to give it up now. Larry Finkelstein had stopped the development. The Board had declined to purchase two of the "King" properties in May at $50,000 each. Mr. Finkelstein subsequently purchased the lots. Through the Community '\ ! 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 Committee, the Community Redevelopment Agency staff was attempting to purchase the Vilamarin property; however, the Committee did not want staff to purchase the property. Ms. Bright explained one of the challenges was the community's frustration in that they did not get the commercial development and they needed the depth of those Jots to accommodate some serious type of development. Additionally, since Mr. Finkelstein paid $70,000 for the lots, and they did not have the depth for the development needed, members of the community expressed frustration nothing was happening. Additionally, the Community Redevelopment Agency would now have to pay a minimum of $70,000 plus a profit for those two lots. Staffs appraisal came in at $50,000 and the Board was not interested in purchasing those lots for what was being asked. When staff doesn't purchas~ the land, it creates issues and in the future, the Board would have to deal with Mr. Finkelstein. Ms. Brooks noted they were obtaining a survey for the north side of MLK to 1 st and there was an interested party looking to put retail there. The party was interested in about 20,000 square feet of retail space. The Roberts and the Church properties could have small retail space that could be used for incubator space. Staff could transition small operators from the Small Business Development Program they are starting in January. The full amount of parking spa<;es would not be required because MLK has a 50% parking reduction allowance. Part of the retail would be a grocery store, which would assist staff in obtaining tax credits, and bolster the Ocean Breeze East and West projects. It was noted that area was the only area to develop commercial property in the Heart of Boynton. Discussion followed whether the Board should wait to develop the area or take more immediate action. It was noted one property owner, Ms. Bell, wanted $1 million firm for her property. Mr. Barry was also not interested in selling. There was discussion at what point they should move forward. Land banking meant waiting to acquire land and holding it. Staff .needed policy direction. Willie Aiken, 726 NE 1st Street, Boynton Beach, spoke about the north corner of Seacrest and MLK Boulevard. At 11th, there were two parcels that needed to be purchased in order to locate the retail there. He inquired what happened to the concept. Ms. Brooks explained they could not get the owner to sell. Staff approached the developer with what they had to work with and was advised they were obtaining a survey. It was possible the developer could still develop there because the City abandoned the alley, which provided an additional 7.5 feet. There was discussion about land swapping in the area. The Community Redevelopment Agency owns five lots on 9th Avenue. Staff would need eight more lots; however, the owners of those lots were unwilling to sell. Ms. Brooks had spoken with one owner there who was not interested and three of the properties were homesteaded. The developer can squeeze in 20,000 square feet on the north side of MLK to the alley. It was noted there was no demand for retail space on the south side. Ms. Brooks sent information to the literacy Coalition of Palm Beach and showed them a vacant site which could accommodate a new 20,000 square foot headquarters, and would create jobs. The Ocean Breeze East area was also an option since they needed to be on a Palm Tran route. Discussion followed about how to proceed. Chair Taylor advised he could go either way, and acknowledged Vice Chair Hay's thoughts to land bank. Mr. Weiland thought the likelihood of a large scale development occurring within the next five to ten years was untikely. 6 Meeting Minutes Community Redevelopment Agency Boynton Beachl Florida November 101 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/eft the dais at 7:39 p.rn. 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 presenf 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.rn. 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, FL January 12, 2010 '\ , .J 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 com1;l1ercial space the area co~ld 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, cind 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 jhe 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 Stre(3t, they could build duplex or triplex dwellings. She noted there has been a 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 CO/Tl!'l1unity 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 and/or 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 fee 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 subordinateq to the Community Redevelopment Agency so staff was in charge of the entire $100,000 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 rast three years. Four options were received as follows: ./ Revise the maximum grant award for all income categories as noted in the agenda item; ..r Revise the maximum percentage of public subsidy funding for all income categories; 8 IIJ~RY~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: January 12, 2010 I I Consent Agenda IX I Old Business I I New Business Legal Other SUBJECT: Consideration ofIssuing an RFP for 8 Lots in MLK Corridor SUMMARY: On November 10, 2009, the was discussion at the CRA Board meeting about spurring development along Martin Luther King, Jr. Blvd. by issuing an Request for Proposals for certain parcels in the MLK corridor owned by the CRA. The community has urged the Agency to building on its land. The Heart of Boynton Community Redevelopment Plan calls for small nodes of commercial development at MLK/Seacrest and MLKlFederal. The remainder of the MLK corridor is proposed as multi-family. SEE ATTACHED PROPOSED LAND USE MAP AND MASTER PLAN CONTEXT FROM THE PLAN. /' The CRA owns eight lots within the MLK corridor. SEE ATTACHED MAP OF RFP LOTS. These lots are located within the area proposed as multi-family by the HOB Redevelopment Plan. However, three of the lots stand alone and therefore would be more appropriate for new single-family homes. As directed, staffhas drafted a Request for Proposals for the eight lots. SEE ATTACHED RFP. Some key points of the RFP are: 1. Respondents shall prove the financial feasibility of their proposal. 2. Proposals must be inclusive of all eight lots. 3. Design must be consistent with the HOB Plan and Schematics. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATION: Issue the RFP effective January 14,2010. Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\01-12-10 Meeting\RFP 8 HOB Lots.doc Meeting Minutes Community Redevelopment Agency Board Boynton Beach 1 FL February 9. 2010 XVII. Adjournment There being no further business to come before the Board, Vice Chair Hay properly adjourned the meeting at 8:58 p.m. Mr. Weiland and Ms. Ross commended Vice Chair Hay for being the acting Chair for the meeting. ,. ~ .? '. i ell-lb.' It'fv"/(;/ ..}(Jdith A. Pyle, C "'Deputy City Cler . 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9, 2010 paid on the bonds would return to the City, but the deal has to close by December 31., 2010. It would be very positive for the community and the downtown area. He also inquired about the number of general contractors that are utilized by the CRA and their specialties. Ms. Bright recalled in 2007, after an RFQ was issued, three firms were selected based on their expertise. Those selected were Hendrich Brothers specializing in mid to large size projects, Burkhart Construction who built Boynton Beach Boulevard extension, and Kaufman Lind who has expertise in large municipal facilities. Also, Kimley-Horn is the engineering professional services contractor. Mr. Weiland inquired if it would be possible for the City to piggyback on Kaufman Lind's contract with the CRA for the police facility. Attorney Cherof advised piggybacking on a general assignment contract was not allowed. The piggyback had to be on something more specific, such as a company who has done a police department or public works facility. A recent contract with a government agency for like services would be needed. Ms. Ross thanked Ms. Bright for sending the Board Members the information on Practical Strategies for Florida CRAs to address the foreclosure crisis. She asked that the highlights of the publication be presented to the Board at the next meeting. Ms. Bright would get an update on the Neighborhood Stabilization Program and bring it before the Board. She also read the following sentence from the recent editorial. "We remain committed to a policy that homes, subsidized with taxpayer funding, should be long lasting and sustainable and have included improvements such as a 50-year standing seam metal roofs and impact resistant windows." Vice Chair Hay commented there were properties within the City owned by the CRA and the City that are not coming together as a plan. He inquired if the City had contacted the CRA to develop a strategy. Ms. Bright indicated there had been no contact. Vice Chair Hay directed staff to take the init,iative with the City staff and develop a land swap strategy and come back to the CRA Board and then the City Commission. A plan would then be in place for both entities to move forward, Ms. Bright agreed to get something drafted to start the discussion. Mr. Weiland admitted it has been frustrating and continuity of the plans was needed for the City to move forward. It was the reason he wanted to promote phase two of the marina and the west side of Seacrest to be a positive movement toward working together rather than talking. Ms. Ross agreed completely. Vice Chair Hay declared there was consensus. Ms. Bright clarified that the Board was directing staff to implement phase one transfer of land. 15 Bright, Lisa From: Sent: To: Cc: Bright, Lisa Saturday, February 20,20108:18 AM Bressner, Kurt LaVerriere, Lori; Brooks, Vivian; LeJeune, Carisse; Simon, Michael; Greene, Quintus; Welsh, Pam Re: CRA/City Land Swap & RFP '\ Subject: See you at 4:00 on Tuesday. -----Original Message----- From: Bressner, Kurt To: Bright, Lisa CC: Bressner, Kurt; LaVerriere, Lori; Brooks, Vivian; LeJeune, Carisse; Simon, Michael; Greene, Quintus; Welsh, Pam Sent: Sat Feb 20 08:14:55 2010 Subject: Re: CRA/City Land Swap & RFP Lisa, How about Tuesday afternoon, February 23 at 4pm if I can get City staff lined up? We may need more than one meeting before the CRA meeting anyway. Ocean Breeze/Auburn: I've asked Vivian for more specifics of the Auburn tax credit proposal for Ocean Breeze. This was in a different email. I have to have my action to sign the forms ratified by the City Commission on March 2nd. If they decline we will ask Auburn to withdraw their application to the state. We will come to the CRA for the meeting on Tuesday afternoon. Kurt '\ Sent from my iPhone Kurt Bressner 561-436-2328 On Feb 19, 2010, at 4:54 PM, "Bright, Lisa" <BrightL@bbfl.us> wrote: > Hi Kurt, > > My reason for the first week of March is I am out next week at > conference starting on Wednesday. Plus the CRA meeting is delayed one > week until March 15th. > > If you feel you want to have it next week, please have your staff > coordinate times with Vivian and Mike to accommodate. > > I believe you and Vivian covered everything on the Auburn proposal > today. > > Lisa > > -----Original Message----- > From: Bressner, Kurt > Sent: Thursday, February 18, 2010 4:16 PM > To: Bright, Lisa > Cc: Bressner, Kurt; LaVerriere, Lori; Brooks, Vivian; LeJeune, Carisse > Subject: Re: CRA/City Land Swap & RFP '\ I > > Lisa, > 1 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD SPECIAL MEETING HELD ON FRIDAY, FEBRUARY 19,2010 AT 2:00 PM AT THE CRA OFFICES BOYNTON B~ACH, FLORIDA \ PRESENT: Jerry Taylor, Chair Marlene Ross Ron Weiland Vivian Brooks, Assistant Director David N. Tolces, Board Attorney I. Call to Order Chair Taylor called the meeting to order at 2:00 PM. II. Pledge to the Flag and Invocation Chairman Taylor dispensed of the Pledge to the Flag and Invocation III. Roll Call Board Member Marlene Ross announced her presence. Chairman Jerry Taylor announced his presence. Board Member Ron Weiland announced his presence. Chairman Taylor indicated that Board Member Woodrow Hay and Board Member Jose Rodriguez were not present. A quorum was present. " ) IV. Consideration of Issuing Public Notices of Disposition of Real Property by the CRA Motion Marlene Ross motioned to Issue the Public Notice of Disposition of Real Property for the Ocean Breeze East Site. Ron Weiland seconded the motion that passed 3-0 Attorney David Tolces recommended that there be a Motion for the submittal of the application to the Florida Housing Finance Corporation for the fmancing of multifamily housing properties with home funds in conjunction with multifamily mortgage revenue bonds 2009-06. Motion Marlene Ross so moved. Chair Taylor seconded the motion that passed 3-0. There being no further business to discuss, the meeting properly adjourned at 2:07 PM Theresa Utterback Administrative Services Manager > Since this has been pending so long, lId prefer next week if possible. > It was duscussed at the January 2010 CRA meeting and the Vice Mayor > made a specific request to expedite at the last meeting. > > Also, City staff needs to hear more about the Auburn proposal that was announced by Vivian at the end of the last CRA meeting. Did the CRA > authorize staff to proceed with tax credit applications? I had left > the meeting. > > I assume Auburn program is the same as the recent tax credit > application that was filed by the devoloper of Cornerstone, I believe. > > Thank you, > > Kurt > > Sent from my iPhone > Kurt Bressner > 561-436-2328 (cell) > > > > On Feb 18, 2010, at 3:51 PM, "Bright, Lisa" <BrightL@bbfl.us> wrote: > >> We had a staff meeting today and Vivian plans to look at her calendar >> and send some dates for the first week of March. >> >> -----Original Message----- >> From: Bressner, Kurt >> Sent: Thursday, February 18, 2010 3:49 PM >> To: Bright, Lisa >> Cc: LaVerriere, Lori >> Subject: Re: CRA/City Land Swap & RFP >> > Lisa, "'> >> When will this meeting be set up by CRA Staff? >> >> Kurt >> >> >> Sent from my iPhone >> Kurt Bressner >> 561-436-2328 (cell) >> >> >> >> On Feb 11, 2010, at 5:31 PM, "Bright, Lisa" <BrightL@bbfl.us> wrote: >> >>> Hi Carisse, >>> >>> >>> >>> Vice Chair Hay continues to honor his commitment to the residents of >>> the HOB due to the fact that it was his motion to recommend >>> negotiations cease with Auburn Development on March 10, 2009. The >>> motion directed staff to hold community meetings in order to develop >>> a plan (attached). >>> >>> >>> >>> Our first meeting was held on March 31st and thereafter. Please >>> review the meeting notes from May 6th identifying community concerns ~> and corresponding priorities. The last page shows that the number >> one priority as: Aggregate City and CRA properties. >>> >>> 2 >>> On May 12, 2009 CRA staff presented the HOB Implementation >>> Strategies Plan including; Consideration of Propert~ Exchange >>> Between the CRA and City. >>> >>> >>> >>> On Tuesday night, Vice Chair brought the item to staff's attention t >>> hat it would be more beneficial to complete the land swap prior to c >>> onsidering any type of RFP. Both Commissioner Ross and Commissioner >>> Weiland concurred and a directive was made for CRA staff to meet wi >>> th City staff to develop a land swap plan and bring it back to the C >>> RA Board in preparation for the Commission. >>> >>> >>> >>> It is simply an oversight by CRA staff from May of 2009 that this >>> did not occur. Instead we sought direction from the Board on an >>> RFP while the priority was the land swap. >>> >>> >>> >>> We have four weeks until the next CRA meeting. >>> invites next week and include both Lori and Q. I will send out >>> >>> >>> >>> Enjoy the President's Weekend, >>> >>> >>> >>> Lisa >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> From: LeJeune, Carisse >>> Sent: Wednesday, February 10/ 2010 10:56 AM >>> To: Bright, Lisa; Brooks, Vivian >>> Cc: Bressner, Kurt; LaVerriere, Lori; Greene, Quintus >>> Subject: CRA/City Land Swap & RFP >>> >>> >>> >>> Dear Lisa/Vivian, >>> >>> Good morning. We understand that there was an inquiry from CRA Vice >>> Chair Hay at the end of last night's CRA meeting regarding a City/ >>> CRA collaboration for a parcel swap and RFP in the Heart of Boynton. >>> I pulled the minutes from the meeting of January 12, 2010 when this >>> topic was initially discussed to get a clearer understanding of what >>> the CRA Board's directive was. From the minutes of January 12, 2010 >>> I gathered that the CRA and City Staff were to collaborate on a >>> combination RFP for all the lots that are available. We interpreted >>> the minutes of January 12, 2010 that CRA staff was requested by the >>> CRA Board to pursue this item with the City staff. The item was to >>> return to the CRA for further discussion. After reading the minutes >>> of January 12, 2010/ I spoke with Quintus and he indicated to me >>> that CRA staff had not contacted him yet on this project and that >>> the correspondence mentioned in the minutes had not been shared with >>> City staff. In your view was there something we in the City >>> Manager's Office should have done on this project on our own first? 3 >>> >>> >>> >>> /' >>> >> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> >>> /' In order to go forward with the directive of the CRA Board, I am contacting you to see if your office would like for us to schedule a meeting, or if you would prefer that your staff take care of that. Quintus and Lori should be included, and Quintus will bring whatever Development staff is needed. Please let me know how you would like this handled. Thank you, Carisse LeJeune Assistant to the City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Ph: (561) 742-6012 Fx: (561) 742-6011 e-mail: lejeunec@bbfl.us<mailto:lejeunec@bbfl.us> <CRA Community Committee Notes.pdf> <CRA Board Meeting Minutes.pdf> <CRA Meeting 3-10-09.pdf> <image001. jpg> 4 F'-.:~' , I i ORB 8704 Ps 613 DOROTHY H. WILKEN, CLERK PB COUNTY, FL In the event of any proposed sale, conveyance or trans- fer bf the subject property, the Declarant must obtain approval of the County, through its Housing and Communi ty Development Department. Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of 3a above, or the receipt of a cornmi trnent, executed by a subsequent owner acceptable to the County, confi rming its accep- tance of the res,trictions' and condi tions provided herein for the remaining duration of this Declaration. 4. The Declarant agrees to notify the County of any liens, judgements or pending foreclosure on the subject proper- ty wi thin five (5) working days of the receipt of said notice by the Declarant. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms of this Declaration of Restrictions. 5. Declarant relinquishes all rights to alter, amend, modi- fy, of release these covenants prior to February 21, 2005. Executed this d2 day of $A1"~ , 19 P$" Signed, sealed and delivered in the presence of: City of Boynton Beach ~~~<1"~ WI 55 By Title E. F. ..~..~ " . .-. . ":~,' '~~f':' ." '" ' '.,: .,~J; ~v :;;v.;j~~[ ].rlj ':fi~ . .J.r-..Ft,t:. ..~. ~ J. ~.' . '.!.~ ~ ~ E~. .,:' 7'~~~"'iJ;.if ';',";t- .- -- -~ .,. " J D ;; ,\ J ';:~~TI .~}H'" , 'I \ w~ff~ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me a, day of 'fnQ1t~.J ,19~, by EdwAlU> F. H~e()if)j , is personally known to me or has produced identification and who did (did not) take an oath. this who as ft:::: '-ht - p~ -.JANeT M. Pt<.AiM,'TO (Print or type name) Notary Public State of Florida at Large ~-.., .... - - ,..00_____=._;;.-_-"" This document was prepared by Tammy Fields, Asst. County Attorney, Palm Beach County, 301 N. Olive Ave., WPB, FL 33401 17~9t::" APR-i 7-1995 i2~02Pt ~:- ~ 12 '"1- . ~ \ O~B.. ~ ;{~lll 11-..'" III DECLARATIONS OF RESTRICTIONS /Se,Q A-t0Jf The undersigned, Ci ty of Boynton Beach, a municipali ty duly organized and existing by virtue of the laws of the State of Florida , haviI1g its principal office at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425 hereinafter referred to as "Declarant", for the below described property, and in consideration of. the receipt of the below described property from the Palm i Beach County Board of County Coromi s- sioners (the "County") dqes hereby grant to the County the following restrictions aqainst the property described as fol- lows: PARCEL A: Lot Nine (9) in Block (5), of Palm Bea~h Country Club -Estates in Pa~m Beach County. Florida, accord- ing to the plat thereof on file in the Office of the Clerk of the Circu~t Court of said County, in Plat Book 11, Page 43. PARCEL B: Lots 10 to 13 inclusive, Block 5 Palm Beach Country Club Estates, an addi tion to the City of Boynton Beach, Florida according to the Plat thereof on file in the Public Records of Palm Beach County, Florida, in Plat Book 11, Page 43. r -:-:- e. PARCEL C: South 100 feet of the west 5 feet of lot 20 and lots- 21 & 22 of Robert Wells Subdivision of the City of Boynton Beach, Florida as per plat thereof on file in the office of the Clerk of the Circuit Court, Palm Beach County, Florida. Less the north 10 feet for road right-of-way purpos- es. 1. These restrictions shall be deemed a covenant running with the lana and are binding upon the undersigned, their heirs, executors" successors, and assigns until the time at which these restrictions shall automatically terminate. The restrictions' can only be terminated or released prior to February 21, 2005, by the Palm Beach County Board of County Commissioners, and executed with the same formalities as this document. 2. In consideration of the County's land grant as provided in a deed, the Declarant hereby covenants and agrees to use the subject pa:-operty for a minimum period of 10 years commencing with the date hereof and ending Febru- ary 21, 2005, as a facility to undertake activities that are consistent with representations made by the Declarant in its request for the convey.ance of the land from the County, and ,that are in compliance wi ~ HUD regulations governing the Community Development Block Grant Program. r-JO' '~ 3. In the event the Declarant ceases to use the property F"00~'" , ! hI r f""T-l'r"l .pl'.~OC~~' i~3.~O.n-n {[;C~( V APR-i7~~15 ;~Dg~ ;9J-~I ;kt'"i~ I 111.111 i IIII I I ! I sn III d JOIl OOROiHY H.WILK"EPJ, CLERK PB COUNTY, FL ~ic-~~ /L 13f:l-S AOODIlEOOBDT nus ACKNOWLEDGEMENT is made thi s _ ~ day of ~k'e..r/ ... 1991 by the City of Boynton Beach ("Buyer") to PALM BEACH COUNTY, FLORIDA, a pol it ica 1 subdivi sion of the State of Florida (IISeller"). WIT N E SSE T H: WHEREAS, the Buyer has agreed to purchase, for the sum of ten dollars ($10.00), surplus land more particularly described as follows: PARCEL A: Lot Nine (9) in Block (5). of Palm Beach Country Club Estates in Palm Beach County, Florida. according to the plat thereof on file in the Office of the Clerk of the Circuit Court of said County, in Plat Book 11. Page 43. PARCEL B: Lots 10 to 13 inclusive, Block 5 Palm Beach Country Club Estates, an addition to the City of Boynton Beach. Florida according to the Plat thereof on file in the Public Records of Palm Beach County, Florida. in Plat Book 11. Page 43. PARCEL C: South 100 feet of the west 5 feet of 10tZO and lots Zl & ZZ of Robert Wells Subdivision of the City of Boynton Beach. Florida ~s per plat thereof on file in the Office of the Clerk of the Circuit Court, Palm Beach County. Florida. Less the north 10 feet for road right-of-way purposes. WHEREAS, The Buyer shall accept a fully executed County Deed frOll the Seller conveying the Property and any improvellents in an nAS IS CONJITION," vithout warranties and/or representations. NOW. THEREFORE. in consideration of the conveyance of the Property. the Buyer hereby acknow 1 edges to the Se 11 er as f 011 ows : 1. The facts as set forth above are true and correct. Z. The Buyer acknowledges that it has inspected the Property and agrees . to accept the Property in its liAS IS COtl)ITIONn. The Buyer further acknowledges that the Seller has made no warranties or representations ....hatsoever ....ith respect to Seller's title to the Property, the physical condition of the Property. any improvements located thereon, or any intended use of the Property. 3. Without in any way limiting the generality of the preceding paragraph, the Buyer specifically acknowledges and agrees that upon Seller' s conveyance of the Property to Buyer. the Buyer vaives. releases and disch~i;ges any claim it has, might have had or may have against the Seller with .r,e~p~~ to the Seller's title to the Property and to the physical cpndi~1pn.pf the Property. either patent or latent. '!. '4<" This. Acknowledgement ....ill survive delivery and recording of the Courity.-o~d and .possession of the Property by the Buyer. ,'IN,,'WliTNES.S WHEREOF. the Buyer has caused this Acknowledgement to be executed on the, day and year first aforesaid. _ : _BUY~ . '. 67 ~-~ E. F. Harmening, ~or City of Boynton Beach 711 RESOLUTION NO'. R9 5 - e:<'f A RESO'LUTIO'N OF THE CITY COMMISSIO'N O'F THE CITY OF BO'YNTON BEACH, FLORIDA, ACCEPTING PRO'PERTY LO'CATED AT NE 10TH AVENUE, IN THE CITY OF BO'YNTON BEACH, FROM PALM BEACH COUNTY; AUTHO'RIZING AND DIRECTING THE MAYO'R AND CITY CLERK TO' EXECUTE A DECLARATIO'N O'F RESTRICTIONS AND ACKNOWLEDGEMENT FOR SAID PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, upon recommendation of staff, has deemed it to be in the best interests of the citizens i and residents of the City to accept property located at NE 10th Avenue, in the City of Boynton Beach, Florida from Palm Beact'c County, according to the terms and conditions set forth in the Declaration of Restrictions and Acknowledgment, attached hereto as Composite Exhibit "A" and made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORJ:DA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby accepts property located at NE 10th Avenue in the City of Boynton Beach, from Palm Beach County according to the terms and conditions set forth in the Declaration of Restrictions and Acknowledgement attached hereto as Composite Exhibit "A" and authorizes and directs the Mayor and City Clerk tc execute said Declaration of Restrictions and Acknowledgement. Section 2. upon passage. This Resolution shall take effect immediately PASSED AND ADOPTED this cRl day of February, 1995. _~.~OF;~YNTO'N BEACH, FLO'RIDA ~G:?.sr~~ Mayor \. ~~~ Cornmissi Mayor Pro ATTEST: ~h" _. _ _ _ ~-~. . 0RB 8822 Ps 55 DVRliTHY H. IHU~~, CLEm; Pe. GCt\J1ITY, Fl. IN WITNESS WHEREOF the said party of the fi rst part has ~aused these presents to be executed in its name by its Board of County Commissioners acting by the Chair or Vice-Chair of said Board, the day and year aforesaid. ....:,..,'",,\\ _---'cOUf"r", ---O~ ..- --., __rll" ATrEST: ~ ;0,' 01> BE'oi -.~ BEA DOROTElY R_,A;t'LKEN. c1j.fi<<'i:' ()-s.~DIYI .,_///)y~' '0' COUNTY. :;~ J~X ~~ --., , .,,.- BY '-' ~:<. . " \\):1j-Y \A.....- Dep'~,~>9-iilrk '11,'U:3.;.s~~:-~en 't,..,...../ ,.--..., '\\"-.."''''''....... \tiO\ 1\l'l'ROVEP--AS ~FORM MID LRGAr> SUFFICI , ........:: . RQ') 774 JUN 0 6 199:' 1", A~~~: (County Seal) \r.I"~ .-....,~\ { ( i'. \- .' '-, '''-;:'',;.-{j' -,s ("::f.-"\ 0)) V r;:::-;:\ \ (, Ci "-~r;~;,J. I ("."... \2=,\~~,) \y .r1 ' \( ~:.:::> r/~G '-Sr::' .~\ \ // 'V",_ II ./..,":>\ ~/>""') V';~~\) ( ( \\1 ~\~ 7-'~vJ') (( /'/ ~'.../ /~ \.\ ~::~l\ , ., '-"0 "'0 ...,:.') ............... r>-\) \(....-I"i.,. "_,~../ ~ /;:--"')') \;'\':"<-''t-, - - /,r- ~~::.:-~ 1\IS,BB/CE .;. ._~ , 5 ,.;UL .':''''-('195 ;7'13999 ':If' I"~~; ~ f-l, 1 "::)4 J Prepared by: Tammy K. Fields hss1stant County Attorney Palm Beach County 301 N. Olive Avenue West Palm Beach, FL. 33401 n"-l IIIEIIIIIIIIIIIIII illll 1 G. no [If I " R95 774 COUNTY DEED ~:\ /~:, \ ".. ,/ ,./)\ '\ // ,;,.<;, '~, TlUS/' DEED, made thi s ,./ -'~ . ] 995 , bYt;.~,,, BEACH COUNTY, \ " ~,,)) -j... ....; ~, FLORIDA, pa'~:~({'Rf the first part, wbose post office address is 301 \LJ /// North Olive A:'l1enu!,=,'o West Palm Beach, Florida, 33401 and the City of Roynton Beach, '\~~da, a municipal Corporation, party of the second p1'\rt, whose post"'.off~<;::e address is 100 East Boynton Beach Boulevard, ~,,/ -..~.., Roynton Beach, Flor~~ 33425. \..{".r.-............. day of JUN 0 G 1995 A POLITICAL SUBDIVISION OF THE STATF nF ,', \-- .' .....--, '---' ,.-'- <" WIT N E S ~~~~ B: That the said party of the first part, C"~ for and in consideration(~)the sum of Ten Dollars ($10.00) to it in lS hand paid by the party of 1:9~...::\second part, receipt whereof if hereby r.' ), ~cknowledge, has granted, ba~~~n~d and sold to the party of the second //"{,}') P1'\rt, his/her heirs and assi~:>1!~rever, the following described land lying and being in Palm Beach C~~;?Elorida' IS j') U V,/;-- -. iy'> . ~< <) PARCEL A: Lot Nine (9) in Blo~'~5) of Palm Beach Country Club Estates in Palm Be..clf,.c;~ty, Florida, according to the the plat thereof on fa~e~ln the Office of the Clerk of the Circuit Court of ~~~~,~ty in Plat Book 11. Page 43 . (( J;:'/ Property Control Number~~~-43-45-2l-10-005-0090 ..-........ PARCEL B: Lots 10 to 13 inclusive, ~~~ 5 Palm Beach Country Club Estates, an adctition t:iP/~ City of Boynton Beach, Florida according to ~e/)plat thereof on file in the Public Records of Pal~:$~Bfh County, Florida, in Plat Book 11, Page 43. -;../;>-f, Property Control Number: 08-~~~f7J-I0-005-0100 -- " '" PARCEL C: South 100 feet of the west 5 f~lot 20 and lots 21 & 22 of Robert Wells Subdivision of the City of Boynton Beach, Florida as per plat thereof on file in the Office of the Clerk of the Circuit Court, Palm Beach County, Florida, less the north 10 feet for road rig~t-of-way purposes. Property Control Number: 08-43-45-21-04-000-0202 SUBJECT TO RESTRICTIONS, CONDITIONS, EASEMENTS, LIMITATIONS AND ANY MATTERS OF RECORD WHICH AFFECT THE SUBJECT PARCEL. INCLUDING, BUT NOT LIMITED TO. THE ACKNOWLEDGEMENT RECORDED AT ORB 8704. PAGE 611 AND THE DECLARATION OF RESTRICTIONS RECORDED AT ORB B704. PAGE 612 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. -; "-.. ~ , 4 ~,~. '. ~ ~ :_11kCtty of 'Boyrtton 'Beacn MAR-D3-1995 4:52Pfn 95-067144- ORB 8643 Ps 1439 t ..... .._1.. ... 100.~ flJoyntonflJeac!i '.BouleVtJr4 P.O. '.Bo~310 'BOynton flJeadj., ~ 33425.0310 City 9laII: (407) 375-6000 =rJVX: (407) 375-6090 '- C E R T I FIe A T ION I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached Resolution #R95-28 consisting of one (1) page, Exhibit lfAlf consisting of one (1) page and Disclaimer consisting of one (1) page, are true and correct .COPl.~s as they:a\ppear in the records of the City of Boynton ...- -- " .. ~Beach,:..>:E'L '. ,. \0 .;" WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA this 2nd day of March, 1995. r~.l~ L__.., ~~~~ SUZ . NE M. KRUSE, CMC/AAE CITY CLERK March 2, 1995 Jbnema's (jateway to tfi.e (julfstream Page 1 of1 From: Brooks, Vivian Sent: Wednesday, February 24, 2010 5:42 PM To: Bright, Lisa; Bressner, Kurt; Greene, Quintus; LaVerriere, Lori; Simon, Michael Cc: Cherof, James Subject: City/CRA Property Exchange in HOB Meeting Notes 2/23 - In attendance: Lisa Bright Kurt Bressner Lori LaVerriere Quintus Greene Vivian Brooks Mike Simon . Quintus Greene stated that the County deed restriction on the City owned property on the south side of MLK Blvd. east of Seacrest had expired in 2005 and therefore was no longer a consideration in the property exchange. . The group agreed that the CRA would transfer its properties on the west side of Seacrest within the MLK area and that the City would transfer its land on the east side of Seacrest to the CRA . Subsequently, an RFP would be issued for a portion of east MLK Blvd. for multi-family residential development and three single-family infilllots. . Development of the property on the north side of MLK would be held off until a determination of its ultimate use could be made. Implementation Steps: . City Commission and CRA Board approval of land transfers . City and CRA staff to coordinate on RFP draft. . CRA Board to issue RFP . CRA and City staff to review responses and make a recommendation Legal Clarification Needed: 1. Are appraisals required for intergovernmental land exchange? 2. Is Public Notice of Intent to Dispose needed upon Board/Commission decision to transfer the land? 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. " Benjamin Franklin file://C:\Documents and Settings\brightl\Local Settings\Temporary Internet Files\OLK6C\... 3/10/2010 1 ') ~ .~ ~ .1 f ~ 1 f I ~ ~ , c:: '0 li ~ ti: D 5 . c D ~ I ) x. OLD BUSINESS A. Consideration of Revisions to Commercial Fa~ade Grant , ~'... " 1~~~Y~Te~ eRA . East Side-West S'lde-Seaside Renaissance eRA BOARD MEETING OF: March 15, 2010 I I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: Consideration of Amendments to the CRA Commercial Fa<;ade Improvement Grant Program Guidelines and Application for FY 2009-2010 SUMMARY: The CRA has been administering the Commercial Fa<;ade Improvement Grant Program to eligible businesses since October 2005. The purpose of the program is to encourage commercial property owners to upgrade the exterior appearance of their properties thereby improving the overall appearance of the CRA district commercial corridors. Currently, maximum grant awards under the Commercial Fa<;ade Improvement Grant Program are $15,000 to assist commercial property owners with exterior fa<;ade projects such as painting, awnings, signage, exterior lighting, irrigation and landscaping. At their July 14, 2009, meeting, the CRA Board approved the FY 2009-2010 Commercial Fa<;ade Improvement Program Guidelines & Application. Under the current guidelines, a "property" is limited to one (1) fa<;ade grant every five (5) years. This language prohibits individual tenants of multi-unit commercial properties such as Ocean Plaza or Las Ventanas from applying for eligible items under the grant if the overall property owner had previously applied and received grant funding. Since approving the FY 2009-2010 Guidelines, CRA staff has met with several applicants who are tenants ofthe multi-bay buildings but the building owner will not sign-off on their application for fear of limiting the property's ability to apply for a future grant. Similarly, we have also had existing tenants, new tenants or new property owners approach CRA staff about applying to the program but the "property" they occupy has already received a grant and is ineligible for several more years. To further support the implementation of the Federal Highway Corridor Plan and the Downtown Master Plan, CRA staffwould like to recommend the following option: 1. Change the program language under Section 7 to read "The Fa<;ade Grant program may be used one time within any five year period for anyone CRA Board approved applicant". 2. Eliminate Section 6 thereby requiring Board approval of the project prior to any work beginning. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Redevelopment Plan, Heart of Boynton Plan, Federal Highway Corridor Plan, Downtown Master Plan RECOMMENDATIONS: Approval of the amendments to the FY 2009-10 Commercial Improvement Grant Program Guidelines and Application as attached. tN~~Gn~' Michael Simon, Development Director T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\03-15-1 O\Amendment to the Commerciallmprvmnt program.doc ~~~~Y~Te~t Ii East Side-West Side-Seaside Renaissance 2009/2010 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000 (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Property Owner: Address of Property Owner: City/State: Zip Code: Phone # Day: Evening: Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease~ if applicable): If Different from Property Owner Name of Business: Address of Business: City/State: _________ Zip Code: __.___.. Phone # Day: Evening: ___.. Type of Business: Years of Operation: Number of Employees: Annual Payroll: Number of Employees residing in Boynton Beach: List of improvements proposed: PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached CRA Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible improvements for this program include: . Painting . Shutters . Signage (located on the building or the property) . Awnings/canopies . Decorative exterior fayade improvements . Exterior Doors/windows . Landscaping around the building . Irrigation . Parking lot re-paving, re-sealing, re-striping . Exterior Lighting . Patio or decks connected to the building . Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement) . ADA improvements 2 4. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible fac;ade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds. Example: Total project costs: $18,000.00 Applicant funds expended: $18,000.00 CRA reimbursement: $ 9,000.00 6. The Fac;ade Grant program will honor expenditures oompleted up to 90 days prior to application, improvements underv.'ay and proposed improvements. 7. The Fac;ade Grant program may only be used one time in any five year period for anyone property CRA Board approved applicant. Properties may re-apply for additional grants any time after five (5) years from previous grant approval. Project phasing of up to two years can be requested. 8. The property owner, or tenant if applicable, must complete the fac;ade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the fac;ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 9. Disbursement of grant funds shall only occur if the following conditions are met: a. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City Building Department (if applicable). b. CRA has received copies of final "paid in full" vendor/contractor invoices. c. CRA has received copies of final inspection approvals for all permit required work. c. Entire scope of work for eligible items is completed. d. Applicant provides "After" photos. 3 APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256. 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. Appropriate grant program documents will be prepared and submitted by the applicant. CRA staff will then present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month and the applicant will be notified of grant approval by regular mail. 4. The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City building inspections, the CRA will inspect the work to determine the satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and understand all aspects of the Fayade Grant Program Agreement, including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: . Project work write-up(s) describing in detail the scope of the project, . Plans or sketches if applicable, · Site plan and plant list for landscape projects, · Third-party cost estimates from three (3) licensed contractors, . Estimated time line, · Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), · A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", · Signage design with colors & materials proposed if applicable, · Project color chips I material samples if applicable, · And material specifications. Applicable documents must be attached for the Application to be processed. 4 By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Witness (Date) Property Owner (Date) (Property owner's signature must be notarized) Witness (Date) Tenant/Business Owner (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of ,20_" NOTARY PUBLIC My Commission Expires: 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 Chair Taylor expressed he had the same concern with this program as the prior one, which was to approve the requests 8dministratively. He also questioned why the first option was to increase the maximum grant award from $20,000 to $25,000. Mr. Simon expjained in many rehabilitation projects, staff had to eliminate items needing repair in order to keep project costs clown. The program was not a matching grant program. Discussion foHowed there had been prior dialogue to obtain additional grants tor the southern end of town; however, there was no money and by Increasing the amount of the grants, less of the population would be served. Mr. Simon explained the City rehabHitation limit was $50,000. Sentiments were also expressed the homeowner should bear some responsibifity for maintaining the home. The program was standard among Community Redevelopment Agencies because it was less expensive to improve housing stock than to construct a home. Some of the southern area was blighted. The program was an income-based program and the reason most of the residents in the southern part of the City were not served was because their income Ievefs were too high. Staff directed a mailing be made to the residents and a door hangar program be Implemented. It was pointed out rental properties were excluded from the program and the matching grant program. Staff was encouraged to hold an open house to share information tor the south end. The constituents served ranged from low to moderate Income individuals. There was consensus to have the program amount remain at $20,000. Vice Chair Hay felt there may be some instances where they may need to go higher than $20,000. Mr. Simon noted they often referred applicants to the City if the resident needed additionalassistBnce. The second option provided tor replacing non-functioning or damaged windows with impact-rated single-hung windows when it was deemed doing so was more cost effective or appropriate than to provide hurricane shutters. There was discussion impact windows could stili shatter; the object just may not go all the way through. If the windows were non-operational, and ingress and egress from the room was hindered by the broken window, putting shutters over the window would not make sense. It was noted some of the homes the Community Redevelopment Agency constructing used windows Instead of shutters. After much discussion, there was consensus staff would decide whether to use a w;ndow or shutter. After additional discussion, It was ascertained staff routinely requests the contractor price out the cost of impact windows and hurricane shutters. The Board's decision on the three options was to limit the amount to $20,000. The Board was in agreement with Option 2 as presented and not In agreement with Option 3 which was to approve the items administratively. 3. Cornmerd8f F~ ProGram Mr. Simon explained staff wanted to change the name from Commercial Fayade Program to Commercial Improvement Grant in order to indude tenant improvements and 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 build-outs inside the units. In the past, one or two requests to do so had been made but the requests were deemed ineligible and were denied. Mr. Simon noted this would be helpful to new businesses and start-up businesses. Ms. Brooks explained the Promenade and Las Ventanas have about 62,000 square feet of retail space which has unimproved interior space, no bathrooms, walls or electrical amenities. Discussion included developers often give incentives to tenants for those improvements. In the downtown Master Plan Update, from an economic development standpoint, other Community Redevelopment Agencies allowed for interior improvements as their goal was to retain business. Staff wanted to retain and offer another incentive to locate to the downtown area. Chair Taylor was not in favor of allowing the interior renovations. Mr. Weiland agreed. Mr. Rodriguez would rather allocate funds to help attract and assist businesses, as opposed to having hurricane shutters, which was one of the recommendations of staff to allow for decorative elements. Discussion followed individuals owning two or three properties within the district could only apply for one grant. Presently, the Fac;:ade Program allowed a landlord with two separate properties to apply for one grant per year. The change would allow a property owner with multiple properties to be limited to two grant awards per year. Staff was also requesting the program application and grant approval be administrative. Further discussion ensued the grant should be a one-time grant leaving the property owner to maintain the fac;:ade. It was noted, however, if a business sold then a new set of circumstances applied. There was discussion staff would allow one business owner one grant every five years. If the property owner had multiple properties, they could only apply for one grant. The maximum amount of funding an applicant could receive was up to $15,000. There was consensus one property grant could be obtained every five years. and one owner with multiple properties could apply for only one grant for that property. Multiple grants could not be given for multiple properties. The decision was clarified further as a property owner with two properties could apply for a grant for one property. After five years the property owner could apply for a grant for the second property, based on ownership or tenant. Staff was amenable to recommendations 1 and 2. Recommendation 3 was eliminated. Recommendation 4 was agreed to as discussed, and Recommendation 5 was denied. Motion Vice Chair Hay moved to approve to change the fayade grant as discussed. Mr. Rodriguez seconded the motion that unanimously passed. There was a motion regarding Agenda Item B1 - Homebuyers Assistance Program. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 Motion Vice Chair Hay moved to approve recommendations 1 through 5, but not recommendation 6. Ms. Ross seconded the motion that unanimously passed. Regarding the Residential improvement Program, the maximum award was kept at $20,000. Recommendation 2 was approved and Recommendation 3 was eliminated. Motion Ms. Ross moved to approve the changes as discussed. Vice Chair Hay seconded the motion that unanimously passed. C. Heart of Boynton Strategies Update 1. Alley Abandonment Status Ms. Brooks explained the Community Committee requested the alleyways be abandoned in an effort to reduce dumping. In working with Utilities, it was discovered many of the alleys had manholes and there would be no benefit to the abandonment because an access easement would still be needed. Staff discussed using a fence to close the alleyways with the Utility Department. The cost allocated for legal fees for the abandonments was about $85,000. Ms. Brooks indicated some of the funds could be reallocated to another activity, and the program could be implemented on an incremental basis. The gates would be locked and the Utility Department would have the key, which would prevent access into the alley and alleviate the dumping. Moving the manholes was not an option. There were 17 alleyways. The property owners would not own the property and consequently, they could not plant anything on it. Staff was only preventing the illegal access and the City would police the alleyways to ensure encroachment did not occur. The only change was the alleyways would not be abandoned to the property owners. Staff would investigate the cost of the fencing. The Board was amenable to the concept. 2. Consideration of Issuing RFP for Development of Small Business Program Ms. Brooks explained as an outcome of the Community Committee, staff was directed to look for assistance for small businesses and offer training to help businesses start-up and operate, or help small-based businesses grow. Staff was directed to look for free services. After much research, it was ascertained there were free services that individuals would have to attend either in Lake Worth at Palm Beach Community College, SCORE in West Palm Beach, or SCORE in Boca Raton. The Chamber of Commerce holds events at a cost. Some of the events were free to Chamber members, but they were not comprehensive enough for individuals wanting to start a small business or write a business plan. Staff wanted something comprehensive with a deliverable at the end, that would provide information about taxes, incorporation, different employment laws, lending practices, 11 x. OLD BUSINESS B. Consideration of Land Exchange between City and CRA 1I1~~<tY~T2~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: March 15, 2010 I I Consent Agenda IX I Old Business I I New Business Legal Other SUBJECT: Consideration of Property Exchange between the City and CRA for Land Located in the Martin Luther King, Jr. Blvd. Corridor SUMMARY: Since 2005, the City and CRA staff have been working under the assumption that land acquired by the CRA on the western portion of the MLK corridor would be transferred to the City and that land owned by the City east of Seacrest would transfer to the CRA. . The attached spreadsheet and map highlight the properties to be exchanged. . The CRA's properties would be used by the City to develop single-family in-fill housing and the expansion of Sara Sims Park. . The City's properties would be used by the CRA to develop mixed-use and residential projects. . The aggregation of the properties is stated as an important goal ofthe Community Committee. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Authorize staffto start the process to implement the property transfer as identified on the attached map and bring back for the approval of the CRA and City Commission. ~~ ViVIan L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\03-15-10\City-CRA Land Exchange.doc MLK Corridor Project Area City and CRA Property Exchange CRA Property Date Value/Property PCN Address Purchased Appraiser Purchase Price 1 08-43-45-21-24-000-0101 NW 11th Avenue 10/05 $ 48,519 $ 219,542 2 08-43-45-21-24~00-103 N. Seacrest 10/05 $ 24,223 $ 109,721 3 08-43-45-21-19-000-0130 124 NW 11th Avenue 10/09 $ 45,729 $ 45,000 4 08-43-45-21-09-000-0012 112 NW 10th Avenue 12/09 $ 47,865 $ 110,000 5 08-43-45-21-07 -004-1450 909 N. Sea crest 8/05 $ 110,056 $ 223,725 6 08-43-45-21-07-004-1460 905 N. Sea crest 10/04 $ 26,928 $ 92,200 7 08-43-45-21-07 -004-14 70 103 NW 8th Avenue 4/05 $ 26,928 $ 100,000 $ 330.248 $ 900,188 Assessed Date ValuelProperty PCN Address Purchased Appraiser Purchase Price 1 08-43-45-21-10-005-0090 MLK 6/95 $ 54,000 $ 100 2 08-43-45-21-10-005-0100 MLK 6/95 $ 205,200 $ 100 3 08-43-45-21-04~00-0202 206 MLK 6/95 $ 111,942 $ 100 4 08-43-45-21-10-004-0130 NE 9th 10/99 $ 28,434 $ 100 5 08-43-45-21-25-001-0040 MLK 12/04 $ 126,000 $ 10 6 08-43-45-21-27-001-0260 MLK 9/05 $ 42,840 $ 10 City Property $ 568,416 $ 420 (~ r r f "- e .. ;2 u ~ ~ ';; >. ~ o'd ~ "8 :a .. ~ U -t: o '" oE o u ~ ~ '" o ~ ~ o ....l ~ ~ w C) Z <( ::I: o X W ~ a:::C W.... a..C ON a::: a.. ~ o < a::: o i:: '0 t; cu :;;l i:: ti: a U g '" oj .. 1;1 -5 .ll BOYNTONBEACHCO~TY REDEVELOPMENT AGENCY MEMORANDUM 2010-007 TO: Lisa Bright, Executive Director CC: Vivian Brooks, Assistant Director Michael Simon, Development Director AnnabeIla Barnozs, CRA Assistant General counse~ March 2, 2010 FROM: .r DATE: RE: Boynton Beach Community Redevelopment Agency ("CRA") Land Swap in Heart of Boynton In reference to the proposed land swap transaction by and between the City of Boynton Beach (the "City") and the CRA, involving the east side and west side of Sea crest in the Heart of Boynton area, two questions were submitted to the CRA General Counsel's office, as follows: 1. Are appraisals reQuired for intergovemmentalland exchange? No. An appraisal is not required for the land swap between the City and the CRA. Section 166.045, Fla. Stat., requires a municipality that seeks to acquire real property by purchase to obtain at least one appraisal for each purchase of not more than $500,000.00 and two appraisals if the purchase is in excess of $500,000.00, in order to be exempt from the provisionS of Section 119.07(1), Fla Stat. (public records). However, section 166.045 (3), provides that a municipality may follow any procedure, not in conflict with the provisions of Chapter 119 for the purchase of real property. The Code of Ordinances of the City of Boynton Beach in section 2-56.1 (a) provides that the purchase or sale of real property by the City from or to another governmental agency is exempt from the competitive bidding requirements such as obtaining an appraisal and other procedures established in section 2-56(c). Accordingly, the City is not required to obtain an appraisal for the real property to be received from the CRA in the land swap transaction. Relative to the CRA, section 163.370(2), Florida Statutes, gives the City and the CRA the necessary powers to carry out the purposes of the community redevelopment plan, including acquisition by purchase, gift, grant, bequest, devise, or other voluntary method of acquisition of real property in the community redevelopment area. There is no appraisal requirement for the acquisition of real property, as a result of the land swap between the CRA and the City. However, section 163.380(2), Florida Statutes, requires that the real property be sold or otherwise transferred, or retained by its fair value. This section further provides the elements to take into account to establish the fair value of the property: . [...] In detennining the value of real property as being in the public interest for uses in accordance with the community redevelopment plan, the county, municipality, or community redevelopment agency shall take into account and give consideration to the long-term benefits to be achieved by the county, municipality, or community redevelopment agency resulting from incurring short-term losses or costs in the disposal of such real property; the uses provided in such plan; the restrictions upon, and the covenants, conditions, and obligations assumed by, the purchaser or lessee or by the county, municipality, or community redevelopment agency retaining the property; and the objectives of such plan for the prevention of the recurrence of slum or blighted areas. 2. Is a public notice of intent to dispose real property required for intergovemmenta1land exchange? Yes. The CRA and the City are required to provide a thirty (30) day notice of the disposal of real property in a community redevelopment area. Section 163.380(3)(a), Florida Statutes, mandates that prior to the disposition of any real property in a community redevelopment area, any municipality or community redevelopment agency shall give public notice of such disposition by publication in a newspaper, having a general circulation in the community, at least thirty (30) days prior to the execution of any contract to sell, lease or otherwise transfer real property. Accordingly, both the CRA and the City must publish a public notice of their intent to dispose of real property located in the community redevelopment area as soon as possible. Should you have any questions regarding this matter, please do not hesitate to contact us. Enclosures' JAC:AB H:\2007\070473 BBCRA\MEMO 2010\2010-007 (Land Swap in HOB -appraisal & notice issue).doc x. OLD BUSINESS C. Consideration of CRA Office Options /I;'''''' ~ J.1, r~. I' ;;;.:~ ?~\ ~~~Y~T8~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: March 15,2010 I I Consent Agenda I X I Old Business I I New Business Legal Other SUBJECT: Consideration of Options for CRA Office SUMMARY: The CRA currently leases its offices at 915 S. Federal. The monthly rent is $3,300. The square footage is 2,062. At the time the Agency leased the premises there was no other offices space available within the CRA district with enough square footage. The CRA began leasing at this location in 2006. The lease is up in May 2010. The owner has the property listed for $599,000 and has shown it several times. The Board purchased 211 E. Ocean A venue in 2007 with the intent of converting it to the CRA offices. At that time, the Board felt it was important for the CRA to be the catalyst to the Ocean Avenue redevelopment. Additionally, the structure is on the City's Historic Inventory list. The building has been vacant since 2006. The CRA has plans for the redevelopment ofthe site from a single-family home into an office building. The fa9ade would be returned to its original look by adding a porch. There would be an addition of 1,723 sq. ft. creating a 3,199 sq. ft. building. Additionally, the new building would house a small art gallery open during regular CRA hours and accessible to the public from the Ocean Avenue entrance. The as-built appraisal of the redevelopment proposal is $1,120,000. The cost of the construction is $850,000. Staffhas obtained two separate cost estimates and they are within $50,000. The permanent mortgage payment would be approximately $5,700. Other options include staying in the current location or leasing larger space in another location within the CRA district. The options and costs are outlined in the attached spreadsheet for the Board's consideration. If the Board opts not to redevelop 211 East Ocean, a decision should be made to sell, lease or convert it to some other public use. FISCAL IMP ACT: See attached spreadsheet. The fiscal impact is dependent on the option the Board chooses. CRA PLAN, PROGRAM OR PROJECT: The Ocean District Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Direct staff to implement the redevelopment of211 East Ocean for CRA offices. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\03-15-10\CRA office Options. doc 1/' ~ctY~T2~ I eRA East Side-West Side-Seas'lde Rena',ssance T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\03-15-10\CRA office Options.doc eRA Office Location Options March 2010 Options Rent/Own Montly Rent/Pmt. Other Expenses Sq.Ft. Property Condition Comments standard Property is listed to sell (see Remain at current location Rent $ 3,300 maintenance 2,062 Too Small/Average Condition attached listing) 3 Lease at 3330 S. Federal Rent $ 5,000 $30,000 for build out 2,228 Excellent /Newly Constructed Includes CAM 4 Redevelop 211 East Ocean Own $ 5,700 none 3,199 Historic structure/residential Preserve Historic for Public Use Build-out over 5 Lease 409 S. Federal Rent $ 3,600 $20,000 allowance 3,000 interior would have to be built out Parking is insufficient 915 s Federal Highway, Boynton Beach FL 334351 Homes.com ,...... ~ ,/('lfjO\~I~;~t ~;!.' :'f'!}; L~L~t'-J!I\IIl~~I~IIt:;":l'li\-'llll"..i;:::l 1\ ~ 7111, j J;, 1~t{dt'll"'ll.'G\.1 ",' '-/(ltl\t,,1I ''';(10',., ~' ,. I Ii I "..........f I'~'._ .$" ~, \ --..,... ~4" --.. \'r,J' ~'t....<J"'-~i'i..1..D~.1 ~~,-t.J"1 _ Find. Home Foreclosures For Rent Home V.lues 9155 Federal Highway, Boynton Beach FL 33435 Photos VI_ Map View Street VI_ $599,000 *est. monthly paym~nt $2.720.~ C11lculm Pavrne1t:s . 0I1'!dc: Your Credit Bul~ In: 1968 Last Updated: 02/02/2010 MLS [0' R3014650 Shere on F~ Emall This UstIng save ThIs listing Print This listing .1 _10116 I. othnd By AVl'llham Long Reolty V1l!W Phonll! Num~ ~_.. I Agents: Claim Your Lfstfl1851 . ' I . Add your photo & contact Information - Make your listings standout , - Get Instant response from buyers Elnd..cllItmorI Listing Source: UstHub (~ Featu,. . AnwIllIa + See Feoture list Explore th4I Aru 5choot. In 33435 NeIIrby Homes for 511.. Recently Sold Homes In 33435 I.oc8I PoInts of I"'*-t In 33435 DriYlng Direction. Homes ... . Fede..1 Hlghwey Calallate Your Mortglllle Mortaog. _ M<<tgog. 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LHm IIIlI.lII III Mortgaga APRs Hit 3.112% Only 85,000 homeowners have taken advantage of Obama's refinance plan. Calculate new I paymenl Learn mo.. Buy !.!!.nk heAl . http://www.homes.com/listing/1 04636220/915_ S _Federal_Highway _BOYNTON_BEACH... 3/4/2010 - -- - - -- The Office at Bamboo Lane Page 10f6 3330 South Federal Highway, Boynton Beach, Fl 33435 THEofflc....a...'a....... PROJECT NAME: TH Eoffice@bamboolane. net 3330 South Federal Highway, Boynton Beach, FI 33435 LOCATION: 3330 South Federal Highway, Boynton Beach, FI 33435. Located on the east side of Federal Highway just south of Woolbright Road and north of Gulfstream Boulevard at the intersection of Bamboo Lane and South Federal Highway. PROJECT DESCRIPTION: Three story reinforced concrete, flat roof, Class A Office building comprised of ground floor lobby and parking with (2) 3,388 square foot floor plates above. Convienently located near 1-95 and centrally located from downtown Delray Beach (Atlantic Avenue) and downtown Boynton Beach (Boynton Beach Boulevard) on US1/Federal Hwy. Building offers intracoastal views and covered parking. DEVELOPED BY: Nigel Development, Inc. ARCHITECT: HNM Architecture, LLC AVAILABLE: Beginning 2008 BUILDING SIZE: 7,500 Sq Ft Gross /6776 Sq Ft Leasable http://www.bamboolane.net/ 3/4/2010 (- (~ I...... 1- The Office at Bamboo Lane Page 20f6 PRE-CONSTRUCTION LEASE RATE: From $27 NNN SALE PRICE: $2.9 Million ~'!SJ EUVAJION u.~ (l E""T1<N TH E office @;blmb-o(Jlaac.nC', http://www.bamboolane.net! n.' . -- Nuarn UE\lAJION rf , 1I01 rrn f1 """"ON tM t H_ ....._m:~u.. --..--.-.-., .-..,.........-..,......, -- 3/4/2010 ~~ ~- --- - ",,-; - ~ - --- - -' /;0 \J'~~ ~N'i'~ ,/ - // /1 / I I ! I I I I I I ,/ I I I I I I I SINGLE FAMilY I RI:SIIJI:NllAL I I I I I I I I I I I ! I The Office at Bamboo Lane 't ( \j r / /1 "fSt:ANO,o,." "'0- \ I .<;;S,IDENTI'^L '..... I-I '" OtVfLOP' '~L N~ i -- --- -- ___ \ '; /' , I \j , I --- --- -- -- -- /,-- ---- -- -- ,. ---"" \_- ' -- --- - --,/ >- -:~ O:.c <: " >--$ 1-- ~~ (.?w _0 :I:fk vi..,.. ;:j I=':: 0.' P ,~ i I I I I I I I http://www.bamboolane.netl Page 3 of6 '-'1~~ , , (\, / / r:~!f! I" ~-,-""I.\ IINTRAC,O^S- ^}, . V.Al~~\'VAT \ C."Ni'.L J / , I /' ---- ~ 3/4/2010 (' r r The Office at Bamboo Lane . .._-........-'........-..;~------ = = ===::! J I I / I , I c> I I I 1 I .. I ! r J I I r I 1 sf Floor LOBBY PARKING I J r I r I I I I ! I ! I I i I I ,I I " I , ,f" i I L_._ . ---~_l=:~=::::::~~~~~~~~~~~~~j~~--- .- -- -- -1' I r I I -. .J http://www.bamboolane.net/ Page 4 of6 3/412010 The Office at Bamboo Lane I t . I . t, I 1 I < I I I I , I t I I I I 1 I I I I I / t I l__ 2nd Floor 0FFICE --- --- --- --- --- --- --- ---- http://www.bamboolane.net/ --- --- --- --- --- --l I I I I I / I I I I I I I I 1 I I I I I / I / I I I I I I I , , I I , , I I I -----...1 Page 5 of 6 3/4/2010 Page 1 of 1 Brooks, Vivian r From: Utterback, Theresa Sent: Tuesday, March 02, 2010 9:51 AM To: Brooks, Vivian Cc: 'rita.ayers@privateconsultingpartners.com' Subject: FW: 3,000sf at Flamingo Plaza HiViv: Please review Ms. Ayers email below. It's been going to Vincent Brooks at the City. Ms. Ayers: Viv's email isbrook$.Yl@.bb.f1.u_$. Thanks, Theresa Utterback Administrative Services Manager Boynton Beach eRA 915 South Federal Highway Boynton Beach, FL 33435 P: 561-737-3256 ext. 216 F: 561-737-3258 utterbackt@bbfl.us :r From: Rita Ayers [mailto:rita.ayers@privateconsultingpartners.com] Sent: Tuesday, March 02, 20104:52 AM To: Brooks, Vincent Cc: Utterback, Theresa Subject: 3,OOOsf at Flamingo Plaza Vivian, I received your voice mail last week, but did not get an email so I'm trying to reach out directly. I am also cc'ing Theresa just in case my deductive skills fail me with your email address. The open space in Flamingo is 3,OOOsf, mostly open, but with some office separation and a restroom in the back of the unit. It was previously used as a mattress outlet. At this point, it has been completely cleaned (carpet, tile, walls, bathroom, etc.) and has been repainted. I can provide a lease if needed, but simply put, the financial details for the space are as follows: 5 yr lease $3,600/mo NNN 3% annual increase We would reimburse up to $20,000 for tenant fit-up If you would like to take a look at the space before I return, please advise and I will arrange with the contractor to meet you. Otherwise, if you have questions, please email me and I will get back to you asap. Also, Theresa has the artist's rendition of the new look if you want to see it. We're very excited about the improvements! r Best, Rita Ayers 3/2/2010 Print Page Page 1 of 1 http://maps.co.pa1m-beach.fl.us/papagis/printing/exportlayout.aspx 3/4/2010 Baseline Cash Flow BOYNTON BEACH eRA 1 GO 000 .... , i BOYNTON BEACH eRA 1~0,OOO 120.000 "" ~ 100,000 ::J: ! "~I. :3 60,000 iii 40,000 20.000 I 145,000 1142:5001 0Cl-10 Nov-10 "'::-Cash Flow Per Month u._~ 195.2361 I , , 0' May-l0 Jun-l0 Jul-l0 Aug-10 ~p-l0 CASH FLOW PER MONTH Boynton Beach eRA - J. ~ It Ocean Av," Additions 8, AJteration~; Kaufman Lynll, Inc. General Contra("lors ((;C 0217.n . I --=~._- February 18,20]0 ==~_ ."'"._~:.:::=~,~~..:='-~:=.=~- .~:~ General Cla.-ifications (By Division! i Division 1 - General Notes 1 We have not included the cost for Builder's Risk Insurance (Premium and DeduclIbJes I 2 We have not included the costs for any permits (main building or sub trades). impact tees. lOt\' 3 We have not included the costs for materials testing or special inspectur fcc:: 4 We have included the Architect's Clarification Email dated .Ianuiln " lOW 5 The costs for temporary utilities shall be paid tor hy the Ownfl Division 2 - Sitework & Demolition We have not reviewed an Asbestos Survey for the existing building. We have assumed that any asbestos abatement or hazardous material removal (i.e. lead-based paint) is either not present or shall be removed/disposed of by the Owner prior to our beginning of demolition. 2 The Civil Plans do not contain any proposed site elevations. We have assumed that the existing site elevations will generally be adhered to by the Civil Engineer when the design is completed. The new building additions shall match the existing building's finish floor elevation, The asphalt paving areas shall match the adjoining driveways and shall slope as required for positive drainage. 3 Per the Architect's clarifications (email dated 0 [/27/20 I 0) we have assumed the the storm drainage structures' rim inverts are at J 3,6'. Division 6 - Woods & Plastics We have included the roofshcalhing as 314" plywood (structural drawings) in lieu of 1'&(; decking (architectural drawings). Division 7 - Thermal & Moisture Protection I We have included the skylights as "flat" units, installed in the same slope as the roof (no peak. bubble, etc.). finish 2 is to be powder coated with insulated impact-resistant glass. Division 8 - Doors, Windows, Hardware ] All wood doors have been included as paint grade units. Two-panel design shall be achieved using applied mouldings. 2 All new windows have been included as aluminum, impacted-resistant units, We have not included replacing or shuttering the existing windows. Division 9 - Finishes I We have included a $2,000 al10wance to provide repairs to the siding on thc existing building. 2 Porcelain tile has been inclucled at an allowance of$9/SP. This allowance includes al1 material and labor charges. 3 New wood flooring (for repairs and/or replacement at demolished areas) has been included as Dade County Pine lu attempt to match the existing materiallfinish. We will reuse the existing flooring that is scheduled to be demolished (stairs, etc.) as much as possible, 4 Carpet has been included at an allowance of$20/SY This allowance includes aI/material and labor charges. Division It - Equipment 1 We have included a $1,500 allowance for Ilew appliances. Division 14 - Elevator We have included a Schindler 330A Dual Jack holeless hydraulic elevator. Cab Finishes arc to be manufacture!, base/standard package. Capacity of 2, I 00 Ibs. and speed of 40 FPM. Division t 5 - Mechanical 1 We have included the sanitary sewer tie-in as shown on sheet P-l. If we are tll install a new underground lateral per the Civil Drawings please Add: $4,700. Division 16 - Electrical We have not included any reworking of the exislij)g electrical service f)'om the power pole to the electric meter Our scope of work shall commence at the building side of the meter. 2 We have not included any low-voltage systems (phone/data, security, etc.) Wi.: will provide and install ,my conduit for these systems as shown on the drawings. 3 We have included a $5,000 allowance for a fire alarm system as none was sho\\'11 on the drawings KL Id# I Description Ouantitv Unit [ U nit Price Bid Amount I CommentslDi'Vision Totals 15-000 MECHANICAL $ 43,380 15-400 I Plumbing 1 Is 11,980.00 :\) 11,980 -. ---,-----.-..- ---'- "---'.- -.- --~- -"--.-- -.------ 15-500 'H.V.A.C. 1 Is 31,400.00 $ 31,400 ---_...~'- - --, -~_._- ._....- -.--'-- -_...._._~- .~-- -'_... .~- _.---- 16-000 ELECTRICAL S 74.560 16-050 Basic Electrical 1 Is 69 ,~(iQ:9Q $ 69.560 ..-----.- -. .'---."-'- $ - ...--.--.,-,--..-.-....-...-.... ---. ........... 16-100 mm.._~i.t~l-~!!!I$_m__________m__...______.__._ 1 Is 0.00 - -- -, ....._.-..~...<- ~....._... ..-...-.....-....-.- ..~.---._---.- '- ....-..--.-- ......._.M..<_._._........_..... 16-700 ~~w V <i~~~~xstems ~. p'~~!:,:e.? Data, Security, AN 1 Is 0.00 $ - By OW_I!~r ..-- -.---.. -~'- ._-_.~. -'-",,',+ "...-- - 16-800 Fire Alarm Syste'!l ~ AIJ~~ance 1 Is 5,000.00 $ 5,000 Allowance ~-'--_..,-,..... ----- .-....- . ----.----.---.- ---- ---- . ..~...- -~..------ ....-... -.- ----.-.'--.+- ; HARD BUDGETS COSTS $ 569,821 S 569,821 GENERAL CONDITIONS $ 158.114 SUBTOTAL $ 727,935 OVERHEAD & PROFIT $ 87,353 SUBTOTAL $ 815,288 GENERAL LIABILITY INSURANCE 0.60% $ 4,392 SUBTOTAL $ 820,180 BUILDERS RISK INSURANCE $ - By Owner IsUBTOTAL $ 820,180 PAYMENT & PERFORMANCE BOND $ 8,755 N1C SUBTOTAL $ 828,935 SALES TAX RECOVERY (BASED ON HARD COST) -1.00% $ (5,699) GRAND TOTAL $ 823,236 BB eRA Addition Es Summary 02-18-2010 .0. ld# 07-000 07-100 07-300 07-800 07-900 07-900 08-000 08-100 08-120 08-200 08-210 08-500 08-505 09-000 09-050 09-100 09-100 09-300 09-550 09-550 09-780 09-790 09-900 10-000 10-520 10-800 11-000 h;.;- 12-500 12-600 12-670 f L 1--- !' ! THERMALIMOISTURE PROTECTION ! Waterproofing - Elevator Pit iRoofu~ - Shingles & Metal Roofing is~iIg~~-Hmm-__---mm IJoint Sealers - Siding lJ'?il1t Seai~~~ - Ext~rior Doors!\Vi;;-d(;;~- DOORS & WINDOWS ; Metal Doors & Frames ...........,._..__._.._--~. Door & Hardware Installation ~~~._---~_...,-, -.. --,- ..,-..,...----...,-----.-- Wood & Plastic Doors . ~-- ~ _...--~-~.._.- Finish Hardware Windows & French Doors ~tlgding Envelope Consultant FINISHES , Drywall Package -_Includes Framing & l!1.~L!la!ion . Siding - Hardie 'plal1~_c:efl1ent Fiber Lap Siding ~}~~gm~F\"ee~irsto Existinm~ _ Tile Flooring & Base~Al1o~~memeof $<)~SF Installed Wood Flooring - Refinish Existing Wood Flooring - Repairs for Floor Vents & Demolition C~l]Jet Flooring - Allowance of $20/S Y Installed yeT! Base . . Painting Package - Interior & Exterior, Repaint Existing SPECIAL TIES fir~mExtinguishers! S.p'eei~lties Toilet/Bath D,.ccessories EQUIPMENT Applilmces - Dishwasher & Refrigerator. No Specificatiuns FURNISHINGS Window Treatments :Fu.r~lit~re & Accessories ! Rugs &: Tviats 13~000 14-000 14-200 SPECIAL CONSTRUCTION CONVEYING SYSTEMS Elevators J 651 10400 1 72 90 I :; Unit U nit Price Is 390.00 $ -'----~ Is I7~?~O:QO $ Is 17,3 ~~:Q.~_ $ Is 2-,QQQ:.oO $ Is 480.00 S Is 6,475.00 S Is 0.00 S Is 0.00 S ~ --...- Is 0.00 S Is 15,365.00 S Is 2.000.00 $ Is 11,500.00 :]; Is 17,Jl5.00 5> Is LOOO.OO $ sf 9.00 S sf 6.25 $ Is 12.975.00 $ Sy 20.00 $ sf 5.22 $ Is 13200.00 'h ---'--- ea 30.00 S 850.00 S Bid Amount 390 17.580 17,~25 6.475 . 15.365 2.000 11.500 17.925 2,000 5.855 ll,J.i? 12.975 1.440 470 13.200 1.500 i 32.000 480 60 850 CommentsfDivision Totals s 37,775 Is Is 1.500.00 $ $ 23,840 I ! , -- - ",j I Is Is Is 0.00 S 0.00 S 0.00 :); s Allowance s -----i ~"C~~~.~~~~~.~._m')l 0 ! Is 32.000.00 ! $ s '.'1~ ~ i ~~ f Allowance 5 By Owner By Owner By Owner I $. . . -I ___~32,"ool $ KL BB eRA Addition Estimate Summary 02-18-2010 Descr" tion SITE WORK Demolition - Bl1_il~}118 Sc()pe DeJ!l4:)Ii!~()ll_~.~_ite SC4:)~___ __ Trash Removal Tree Removal SlJ!V~jng - Building Addition & Site ______________ ~~~~E~_.~...?:l".ing 1rr!~atioE______ . T~rnP' Fen~_i!!iL_ ... I~tnP4:)rary~r~te_c.ti()!!. Asbestos Abatement -_...._-~......_.__..._--- , U ndergro~~_U~i1ities __ ____ !:~I1t!~c!\ping Turf Block Pavers Final Cleallin_g__ .__ _~~~I Qensity Te~!inL._______ _,~llgineer's Testillg/~n.spections ! 03-000 CONCRETE 03-090 _ (~~l1cret~ !_Ma:>?nl1'LR()Il~<:'lllJ'~!1tI):_~~l~~~~______. ..... ...__ I Project: Architect: Estimator: ld# 02-000 02-050 02-050 .".........-.....-........... 02-051 02-060 02-070 02-100 02-120 02-122 --~~ 02-125 ....--...................---..-..-...- 02-145 02-650 02-900 .._..-... .........................- 02-910 02-959 02-960 02-965 04-000 04-401 $ ----+ :: ~:::~:~~ i -------- ---~ -----is e~------400.00--$---------IO:OOOr- .-----..--.-- -. -------~--.--.--:: .____~,68~:~~: 5,68~ 1_____.__.__..ln 02-100 I __.___!_s_4?.&20.QQ S 48,820 I --~~~.~- - 3S:~S ~ ~'QO~:~j~ ...---=::51-=-=-=== ....--T-----~-i--------------Is. 0.00 $ - ! By Owner r I Is 17,040:00"'''':.''-$~~--~--'' 17~040 i ---~----~---------- . ____.. ___._._] - -.---I~==~__.J~__. ... . 1},!?5.0_~=SC_-___-~:-==~=~=f3:7~Ir~=:____ I sf 2.98 i $ 9,0?~: 3,815 sf 0.55 $l"Q~~_______ I Is 0.00 $ .....-....--.-.....--- 1 Is 0.00 S Boynton Beach eRA - 211 East Ocean Ave REG Tom Kosier Unit MASONRY .. ~~~!lry Packa~e 05-000 METALS __ 05-0 1l.__i\!i:~~I1aneou~ M_~!~l Package (Angle_s..:'.!:Iangers:~~!Ladder. etc WOOD & PLASTICS iCarpentry S~~~!.~~______. _ .1 . Is u f=~~~-Y~,{:;~: :~:::: :t::t~t~ti&) ..-- io T~h' -- 3,8;;~~ T ~:~~ J'. .. Exteriorp_()~<;!1~s-~~i~g,~!...C:()!l,Ill1l"1s(M:aterial) - ---. 1 ; Is _~~~QQ:QQ___~_____________ ......_ ... _~,990 _. Exterior Pordl~~_=-- Rai~~"<::;~I.I:lI!l!!s .<!..~~orL__________._____!Q._L~_.__________~:02_ _~__ ......._______2,~Q9_ _~~~01__._ !!'it!i~h Ca1}>~try - Package (running trim, door/window c.~i_~.sL I_J_J5___1 19.155.00 $ 19.155 06-400J<::;:l~in_~try~:r<:i~c.~en & Receptiorl~()_I,II1.~.'f_o.R __' __I__J__l~__:_?,;~?:Oo. $ ..._ __?..2.~?___ 06-800 iTrusses 1 i Is ; 0.00 $ 06-000 06-010 06-204 BB CRA Addition E~ Date: Bldg SF New: Bldg SF Reno: Total SF Active Weeks Months Unit Price February 18, 2010 2,315 1,500 3,815 26 6.0 SF New structures SF Renovation SF Total Wks Mas Comments/Division Totals 128 951 Bid Amount Owner Owner $ IIO~QQO:QQ 110,000 $ 0.00 $ 5.000 $ 0.00 $ 11 0,000 5000 37,795 : Summary 02-18-2010 u. ~I)~l?~{)~ &: CAl?l2.. I~(~. Mr. Michael Simon February 26, 2009 Once the new zoning and future land use are in place the property owner could request a zoning change to MX Mixed Use. The subject would more likely be developed in accordance with the Ocean District Community Redevelopment plan which slates the subject and the surrounding neighborhood for development with Mixed Use Low which would allow a maximum 45 foot building height and a maximum of 20 dwelling units per acre. The purpose of this appraisal is to report our opinion of the market value of the fee simple estate, as of February 20, 2009, as if all additions and renovations were complete. As of the effective date of the appraisal, our estimate of the market value of the fee simple interest is: ONE MILLION ONE HUNDRED lWENlY THOUSAND DOLLARS $1,120,000 The following presents an appraisal in a summary report format and our analysis of the data, along with other materials on which the estimate of value was predicated. This letter must remain attached to the report, which contains 71 pages plus related exhibits, in order for the value opinion set forth to be considered valid. Your attention is directed to the Assumptions and Limiting Conditions contained within this report. Respectfully submitted, ANDERSON & CARR, INC. /-~:-'/ /~ --.:::::::> - -~---;; ". /', ' <C"" """ -. ... ". ~ ~/ :, /', -":e;>.. ~-- ---~___~ "~bert ~~~a;i~~~~ State-Certified General Real Estate Appraiser RZ4 41" ",/; , /. ... ,. I ~(: ".' . / I. / / \y Ii. L tZ~6/,j/ / ",/ :::? t- //:" - .'. .'? Michael J. Evans State Registered Trainee Real Estate Appraiser RI14076 RBB/MJE:cmp II ROBERT B. BANTING. MAl. PRESIDENT State-Certified General Real Estate Appraiser RZ4 FRANK J CARDO, MAl, VICE PRESIDENT State-Certified General Real Estate Appraiser RZI 190 ~[)r:I:?~()~ ~ ~tU21:?9 I~~. <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< L4l'l'raisers .llealtors >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> 521 SOUTH OLIVE A VENUE WEST PALM BEACH, FLORIDA 33401 www.andersoncarr.com Telephone (561) 833-1661 Fax (561) 833-0234 February 26,2009 QJ!l1ft~1' e5e/vice c5Jflce 1947 Mr. Michael Simon Development Manager Boynton Beach CRA 915 South Federal Highway Boynton Beach, Florida 33435 Dear Mr. Simon: At your request, we have prepared an appraisal of 211 East Ocean Avenue, Boynton Beach The property is currently improved with a two story, single family building. It is proposed that a portion of the existing structure be renovated, an addition constructed and the building be converted to office use. The proposed structure would have 3,199 square feet of enclosed space and 335 square feet of covered porches situated on a 13,936 square foot site (0.32 acres). In completing this assignment we have utilized a hypothetical condition that the renovation of the existing structure and the proposed addition are complete and the zoning and future land use plan reflect a zoning of MX (Mixed Use) and a future land use of MU-Ll (Mixed Use Low 1). The existing improvements appear to be functional and reasonably well maintained. However, the neighborhood is in a period of redevelopment and the existing improvements are approaching the end of their economic life. The subject site at 13,936 square feet or 0.32 acres is somewhat small for independent redevelopment. Due to the site size, it will likely be necessary to assemble the subject parcel with one or more of the adjacent properties in order to develop the site to its maximum obtainable density. It would also be feasible to retrofit the building for an office or retail use. The subject property is located within a district of Boynton Beach which is currently zoned R-3 Multiple Family with a future land use of LRC Local Retail Commercial. The subject is located in the Ocean District Community Redevelopment area. According to Eric Johnson at the City of Boynton Beach Planning Department, the area is in the process of having the zoning changed to MX Mixed Use and future land use changed to MU-Ll Mixed Use Low 1, allowing up to 20 dwelling units per acre and a height up 45 feet. Based on our review of the Long Range Land Use plan and conversations with Eric Johnson at the City of Boynton Beach Planning Department it is our opinion that the current future land use plan designation for the subject is in error. The current zoning and future land use are in conflict and would not allow retail or commercial development of the subject site. APPRAISAL OF 211 EAST OCEAN AVENUE PROPOSED 3,199 SQUARE FEET OF IMPROVEMENT ON A 13,936 SQUARE FOOT SITE BOYNTON BEACH, FLORIDA FOR BOYNTON BEACH CRA C/O MICHAEL SIMON, DEVELOPMENT MANAGER BY ROBERT B. BANTING, MAl STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ4 AND MICHAELJ. EVANS STATE REGISTERED TRAINEE REAL ESTATE APPRAISER RI14076 WITH ANDERSON & CARR, INC. 521 SOUTH OLIVE AVENUE WEST PALM BEACH, FLORIDA 33401 DATE OF VALUE: FEBRUARY 20, 2009 DATE OF REPORT: FEBRUARY 26,2009 FILE NO.: 290004.000 x. OLD BUSINESS D. Boynton Harbor Marina Slip Reconstruction Project Update I I Consent Agenda I X I Old Business I I New Business Legal Other SUBJECT: CRA's Boynton Harbor Marina Slip Reconstruction Project Progress Update SUMMARY: At their meeting held on March 10,2009, the CRA Board approved issuing a Request for Proposal (RFP) in order to solicit contractors and cost proposals for the Boynton Harbor Marina Slip Reconstruction project. As a result of the RFP, the CRA Board approved Shoreline Foundation, Inc. as the marina contractor for the project at a construction contract price of $702,372.00. Funding for the slip reconstruction project came from a 2 million dollar Waterway Preservation Grant from Palm Beach County. As of March 1, 2010, the CRA has expended $227,639.62 on the project. The marina slip reconstruction project consists of demolition of the existing 24 slip dock structures and utilities, maintenance dredging and the installation of a new aluminum fixed frame dock system providing 19 new slips, lpe hardwood decking, concrete & wooden piles and utility pedestals and service. The project by itself is fairly simple but because the marina is currently occupied by eleven working commercial vessels and the site is bordered by two working marinas, the Two Georges and the Sea Mist, as well as two successful restaurants, the barge mounted construction becomes more of an art than a science. Shoreline Foundation, lnc.'s senior project manager, field supervisors, construction and barge crews have been outstanding at overcoming the obstacles presented to them during this project. Additionally, the experience of Brian Smith, president of Way point Marine, Inc., the CRA's dock master and his crew has been invaluable to this project as they work with our slip tenants and the neighboring property owners to ensure that all of the businesses stay in full operation during the term ofthis project. As of March 8, 2010, the first phase of the project is complete and the second phase of dock construction is well underway. Despite numerous construction interruptions to allow neighboring and tenant businesses to operate within the narrow marina, we anticipate the project's substantial completion date to be on schedule. FISCAL IMPACT: Not Applicable. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Master Plan, Ocean District Plan RECOMMENDATIONS: None. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeelinglFY 2009 - 2010 Board MeetingsI03-15-10IMarina Slip Project Progress Update. doc XI. NEW BUSINESS: A. 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. 502009CA001119XXXXMB TABLED February 9,2010 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, FEBRUARY 9,2010 Present: Woodrow L. Hay, Vice Chair Ron Weiland Marlene Ross Lisa Bright, Executive Director James Cherof, Board Attorney Absent: Jerry Taylor, Chair Jose Rodriguez I. Call to Order - Vice Chair Woodrow Hay Vice Chair Hay called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation Mr. Weiland offered the invocation followed by the Pledge of the Allegiance to the Flag. III. Roll Call Roll call determined a quorum was present. Vice Chair Hay indicated Chair Taylor was out of town and Mr. Rodriguez was unable to attend. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda 1. Board Attorney Request for Closed Door Session to Discuss Litigation (see XI. F. and G below) Ms. Bright pointed out the staff had provided the materials for Item VI.F. on the Consent Agenda, regarding the Sister Cities, to be added to the agenda. Attorney Cherof recommended Item A.1, the request for a closed-door session, and Items XI. F and G be tabled until a full Board was present. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 9, 2010 Motion Ms. Ross moved to enter into an ILA with the City regarding the brownfield eligible business financial contribution. Mr. Weiland seconded the motion. The motion passed unanimously. 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,. 502009CA001119XXXXMB. G. Discussion of action regarding the case of Boynton Beach Community Redevelopment Agency v. Delray-Boynton Academy, Inc. 1 Robert Winder and Bank Atlantic, Case No. 502009CA001119XXXXMB (These matters were previously tabled) XII. Future Agenda Items XIII. Comments by Executive Director Ms. Bright announced that due to the election, the CRA Board meeting for March would be held on Monday, March 15,2010. Ms. Bright also announced there was an editorial in the Sun-Sentinel that reported on the Boynton Beach CRA working to create affordable housing. In the article, Ms. Bright affirmed the CRA's dedication to providing affordable housing in Boynton Beach. Currently the median housing price in Palm Beach County is $238,000 and the median household income is $46,209 with the price range for affordable housing of $145,674. There is still a need for affordable housing, the core business of the CRA. The Palm Beach Post also had a story on the same topic that affordable housing was still not available. There are no houses in the $150,000 to $200,000 range. Ms. Bright commended Ms. Brooks for contacting Auburn Development who agreed to partner with the CRA on a multi-family project on the east side of Seacrest. Ms. Brooks further explained the Florida Housing Financial Corporation issues tax credits and multi- family bonds to finance affordable housing. There is a small application due February 23, 2010 allocating up to $5 million. The target is a four-acre parcel on the east side of Seacrest. She was also meeting with the Palm Beach County Housing Authority for an allocation to put the subsidy layers together. There would be 4% tax credits with the sale of a multi-family bond. The Agency is moving forward and looking for various ways to get the project done. Less money is becoming available each year and the cap was being removed from the SHIP funds. Funding opportunities are still being sought. If 13 XI. NEW BUSINESS: B. Discussion of Action Regarding the Case of Boynton Beach Community Redevelopment Agency v. Delray- Boynton Academy, Inc., Robert Winder and Bank Atlantic, Case No. 502009CAOOll19XXXXMB TABLED February 9,2010 XI. NEW BUSINESS: C. Promotion Requests at CRA Events , ':!.. \/ l,.r-..~ ~..'''~.'.' '\~.~.,~" f~. ~> ~~~~Y~T8~rC RA ill East Side -West S.,de- Seaside Renaissance eRA BOARD MEETING OF: March 15,2010 I I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Promotion requests at CRA events SUMMARY: We are receiving numerous requests to provide a platform at CRA events to promote outside organizations and their programs. An example is the Commit 2B Fit request that is attached. CRA staff is requesting policy direction for the following: If we do this for one organization do we have to do it for all, how do we pick and choose and how many are too many? FISCAL IMPACT: N/A RECOMMENDATIONS: Board consideration for the following: . Social Service 501 (c) 3 organizations only · No political entities or non-profits . Limited to Ocean Avenue Concerts and Movies only . Only one organization per event Kathy Biscuiti Special Events Director G:\CRA Board\Commit 2B Fit.doc rJagc i Ii Biscuiti, Kathy From: Dickinson, Tracy [Tracy.Dickinson@fpl.com] Tuesday, February 23,20102:25 PM 8iscuiti, Kathy Elly Zanin; 'eugenia millender'; 'Gail Kleinert'; 'Michelle Anaya '; Valerie; admin@leadershippbc.org; rdaniels@weissschool.com; jreguez@aol.com; val@robinsonville.net; jraynor@jhrjpa.com; 'Tara McDonnell'; Gary Fechter; Hinton, Salli; Michelle Schecht Subject: Commit 28 Fit Sent: To: Cc: Hi Kathy, Thank you so much for taking the time to talk to me today. Myself and 11 Leadership Palm Beach class members have taken on Commit 2B fit as our class project. We all feel that Commit 2B Fit's objective of battling obesity is critical in today's environment. We are committed to help build the Commit 2B fit nonprofit organization by using business processes and leadership skills. We decided to build our model around Boynton Beach. The city is excited about this organization and has signed a proclamation in November. Commit 2B fit is already training the cities after-school staff and 60 of their employees. Currently they have over 40 palm beach schools using the Commit 2B Fit agenda. Now that we have signed the city, 2 Boynton Beach schools, and 3 business partners (Bethesda, FPL and Macaroni Grill), we need a platform to touch the community. I have spoken to Carisse Lejeune at the city regarding Earth Day. However, they have no budget for an event. She suggested I talk to you about one of your planned events, such as movie night or concert night. We would be thrilled to be given the opportunity to allow the community to learn about Commit 2B Fit. We would like to have the event before the summer. Commit2B fit can give a brief overview of their program and hand out literature. We hope to have a representative from the sponsor businesses and even the mayor. Here is their website and the news release. httP:L1www.bo.{ntol1:l::l~ach_.m:gfne.wsdetaiI90.htmJ ; http://www.icommit2bfit.org/about-us.php Thank you so much for your consideration Tracy 3/8/2010 r- I_D1i8IAi!'j_."'~>j._.,,"'. Oe"Avenge,MJIiJJIfI'-' On E~t Ocean Av.e., be~eA Sea'€li'~t, BI~.cd~ ancli NiE 1 st St. AmJDI~ hee p'aiF\{iiio~' aNeiltallDJl~ ElAi s;i~e~ Brin~f ~0ur fOihdiA;g. <d1l8lilu eH~ f:i111a11i\'~~~ N'0'p@tS, Food) M0vie Th@l~e' $ifilla'Gk-s; &, mrf,jl1l'lt~ ~jjita~Je f(!)r purchase. For Informatl'on GlII: i'tI";"B~~ (J'~$1t WWWlOOyMOAbealilii.jttD1'h ~lf/R~T2~RA iii East Side-West S',de-Seaside Renaissance . The Palnl Beach Post PalmBeachPo~t,com . ,_ ",.'C. ....', ..;........i'\l~~~.~/!tj.~~.f~i....' :j.-..,' .,..... '..,. Friday March 19, 2010 6:00 - 9:00 PM Sundown Country Band ',." !I,:...W~j~J:~~~r~.1~1m,.~,""" .-': _~ . _,~w ';' 1 I I~ ;'~ ;: 0-# ..~ .:~~t' L"....~ ....... '. '.".'. '.. ... 'rs. ".,. - '. ":';. -:'--' ,<. ::";'~..-~',"'.:'~.II:',:~ :~~!i_.~~~':;~~_ I!IIN~T8~RA iiIi East Side-West S,de-Seaside Rena'lSsance .. . . The Paln) Beach Post PalmBeachPost.com ~ ~~~ctY~T2~ eRA iiIi East Side-West S',de- Seaside Renaissance FY 09/10 Boynton Beach eRA Budget Workshop ProjectlProgram Options 211 E. Ocean Avenue The CRA has owned 211 E. Ocean Avenue since February 2007. The purpose of the purchase was threefold; to activate Ocean Avenue between Seacrest and Federal, to create an office for the CRA and to preserve one of the oldest structures in the City. The change in Board leadership and direction has put this project in limbo for the last two years. Activating Ocean Avenue is a primary goal of the Downtown Master Plan. Therefore, the Board may want to consider the following options for using 211 E. Ocean for that purpose: 1. Land bank the propelty for some future use. 2. Renovate for use as CRA offices as originally planned. Estimated cost is $903,527. Options to finance are: a. Full amount with a montWy payment of approximately $5,3959 b. Finance $600,000 to get a payment that is close to the coo'ent rent payment of $3,300, 3. Lease out as a residential propelty. The estimated monthly net rent would be approximately $1,200 per month or $14,400 alUlUally after taxes and insurance. 4. Create a public sculpture garden (See attached examples). The concept of a public sculpture gardens is consistent with the City's Public Art program and the Downtown Master Plan (See attached pages from the DMP). A sculpture garden would complement the other cultural uses on Ocean Avenue such as the Schoolhouse Children's Museum and the library creating a node of activity. The Public Nis Program could also be run out of the building, If the unused City easements are abandoned (as originally proposed), the total amount of land is .40 acres. Approximately 30 pads can be installed throughout the grounds to display art pieces. Additionally, once the grounds are improved the propelty could be leased for weddings, parties, etc. to create additional revenue for the Agency. If the Board is interested in pursuing this concept, Staff can develop a more detailed budget to implement the public sculpture gardens. ~ Manhattan Beach installs public sculpture garden - The Daily Breeze Manhattan Beach installs public sculpture garden By Andrea Woodhouse Staff Writer Posled: 07101/200908:15;17 AM PDT "itors to lhe l-'!anhall"n e..cI1 cMe center plata will 00110 see a completed sculpture Mden .fter seven new pfec.es of art were InstaUed r"OI'd~V. Artist Amos Roblnson helps City :"'r.,.It~,c J"chtU ~lc; MY AHtr: tt c.rulnhtNll IAnt'I..rt rll\;jlI...c./c:.urr PhnltVlQ,..i\P..., High above Manhattan Beach, a figure with long, blond ringlets sat astride a red-and-silver bicycle, its shiny metal wheels spinning in the afternoon breeze. One of seven pieces installed Monday as part of the city's long-awaited sculpture garden, the large moving sculpture marks the fruition of a project in the works since 2002. "It's a labor of love," said Juanita Purner, who helped guide the project as Manhattan's cultural Page 1 of2 arts manager. "When you finally get to the completion, it's nice to be able to be a part of that process." The sculptures, mostly about 12 feet tall and scattered downtown near City Hall, are the first installations in what city leaders hope will be an ongoing project with new pieces Artist Amos Robinson puts finishIng touches on hIs MY BIKE II sculpture, part of the new Manhattan Beach publiC art program. (Robert Casillas/Staff Photographer) rotated annually. Perched atop poles rooted in large cement planters. many of the whimsical designs - ranging from fish to birds to a sea horse - reflect the city's beach culture. Crews used cranes and some good old- fashioned mallets and hammers Monday to install the pieces, including Amos Robinson's "My Bike II" in Metlox Plaza, on 13th Street between Valley and Morningside drives. h+t.-J./I",,,,,,, fl~;lvh,'p.f'i7p..~om/news/ci 12717030 Print Powered By ~'~'an:::~;(; ;:;~:lW5'yna'mi'cs: ; 7/2712009 - - - -- Manhattan Beach installs public sculpture garden - The Daily Breeze "It shows off a lot of reflection, and it should just dance there on the plaza," the San 01e90- based artist said. "( think it's going to be fantastic." Once his plece was in place, Robinson climbed down from a ladder and stepped back to admire the sculpture. "Oh, wow," he said, giggling and gazing up at the sculpture. "It always looks different." Already, passers-by were admiring the sculptures Monday, said Candy Duncan, a member of the city commission that oversaw the project. "So far, people have said it's cool," she said. "They liked it a lot. We put the bicycle up here because we knew the children would just love to watch it while playing in the plaza," Work began on the sculpture garden about seven years ago, but was sidetracked by several other pressing public art projects, including the 9-11 memorial located near the corner of 15th and Valley Drive. Advertisement Page 2 of2 Detail of 'Remember' sculpture by Kent Kraber. (Robert Casillas/Staff Photoqrapher) The City Council in April selected the pieces for the garden's first installment, whose $50,000 price tag was covered by money coming from a dedicated public art trust into which developers pay 1 percent of the value of new buildings that meet certain size and value criteria. An official dedication ceremony is set for 5 p.m. July 7. andrea.woodhouse@dailybreeze.com End...to-End Training as It Should Be: 100% ONLINE! 9r~-J: I.ln. ~F ~; ,~ . I I " I l ;fi ft , ~L ,"-...>.. _. li N I V E I{ srI' V (~( SAN Fltt\NC1SC() , i Earn Your Master Certificate in Internet Marketingl ~ SEO & Paid Search~ Internet law J -} Online Branding ~ Modia Buying ~...I bBOO-268-9943 ~ . -})Yeb.Ai1alyti~s ~ SociaIM8~ia. -::::T. USanFranOnline.romjFD j . ...', . . ,.Jl. ..._..~__'. .... _....'1;::- .....:_,..;. '" :."., _~_..._._._~':'.. ._._..::.'.,. "-'..: ~_. . "~ J..t+..../I"num nRilvhrp.p.7.e.com/news/ci 12717030 .t...._~......~...-~.. ~.- ...~._..............._...-..,. ."-.' ... Print Powered By j (lill) F-()n~ );ol~'?YIY3mic.sJ 7/27/2009 Anrunarie Garden - A Public Sculpture Park in Southern Maryland Page 1 of 1 S In Association with the Smithsonian Institution 'I ~,~p~~~~i_~q 9,~~~;e.~ About Us Arts Bulldlng Community Gallery NEW Exhibit Proximity: Regional Discoveries opens Friday July 24th at Date Night, 6-9pm Summer Camps are currently enrolling! Register Today! Walking Guide of Outdoor Sculpture Nesting Summer Public Art Project Light refreshments in the Cafe Summer Public Art Project: Nesting Dally Activities Exhibits Scavenger Hunts Toddler Tour Shop ~~.~ l) r" _.r.~ _ -. ',: ~ i ;;i;-,-:~~/'~ ~~,9,.' ~'. .' , ,..~ /:; . l .1:'_ _ '.. School .2 ~;'_?~',,: v~,..", .a:-~'~:' v).." , f- -, ~,--~ -.;;' ._ .o::~ Studio School Art & Nature Gel Involved SpecIal Events \NILQ:}:~INGS r;i; , " ,'.' ". ' ~ 'l' ..-\.. ; ~ v,, . J 'fiV they.re "'e1"'_.-"~ JIlNE I - l\1JHlJS'l' 30 nOlfNU.An i\ SAI1iUU .-i\SSI-OllT " 7: \ I, ,.'" (' ..,16 etHarvey e~- '.' c.o~ . , " ,~ I . " " -. " ~ .,\ , :~,~~:~ .,.~~~., ~~.: ..~~" ~~ . ~~,. <I" .,.. ... ",' !~" Rental +-' .,' ~ r=~ /,",.C. OJ I',~ i I ~,_~-:'; 1- j '! .f~:,~--,.,:,.~Jl >' ')Jl ~tlT-.+. W'r~t' . .~..~ '\ ' '") , ~,~~, t',' rcl About Annmarie Garden Annmerle Garden Is a thirty acre sculpture palk and arts center located In sellnlc Solomons. /'lerylllnd, Enjoy an exquisite collection or outdoor sculpture, much of It on loan from the Smlthson'a" Instltu~on. The new Ms Bulldlno features rotating exhibits. a gift shop, and cafe. With a l>usy talend~r of programs, special events, and arl dasses, re~ldents and tourists VIlli enjoy explor1nlllhlS exceptional park. Home. Contact Us . Site Map' Join Us PO Box 99,13480 Dowell Road. Dowell, MD 20629 - 1. 410.326.4640 @ Copyright 2007 Koenig Private Foundation, Inc, All Rights Reserved. 11 -... ----...."...:^,nn".......Qt"\ "',..01 - --- - 7/27/2009 Vermont Alts Council I Public Alt I Sculpture Garden You Are Here: About t Sculpture Garden Home VERMONT ARTS COUNCIL. -"- ABOUT Us . About v AC . Conlributel . Staff . BOard . Spotlight Ga lIery I Sculpture Garden I Annual Awards . Pre ss Room . Blogs & Videos . Email Us --- - e::.~.'.'0~:~'~: n.,q:. a cll~ativcl statl'// Grants Resources TEl<T SI2E. +A -A () SHAR{.,jI ~:; : dllii} I] Programs/lnill.lives Education Working to advance ondpreserlll! lhearts ollhecenlerofVermonl communities. SCULPTURE GARDI:N: 2007.2009 EXHIBIT The garden Is located at the Counol oWees at 134-136 State Street In HontpeUer, next door to the Capitol Region Visitors Center. ThiS year's exhibit leatures work bV artists who have prevlously exhibited In Woodslock, VT's Sculptu~Fest, Indudlng Anne Dean, Herb Ferris, Joe Hallowell, lIarblra Kaufman, Undsey MolvneuK. Pat Huslck. and Kevin Wlberll. The Swlplure Garden IS a public/private collahoreUon thallealures rotaUng two year exhibits of contemporary sculptu,e creeted bV Vermonlartl51s. Designed In 2002 bV Burlington lendsCllpe arcMects H. Keith Wagner and AssoOetes. It ofters a place to picnic or just (or quiet reRection In Montpelier'S downtown, end Is fully accessible. HERB FERRIS Artists In the cUITent exhIbit are feetured below. Old< I""elo vlow paSI exhIbitS. Sped.1 thanks to Stete Buildings CUretor David SchOI1, and his assistant Tracy Martin, for their ongoing dedication to bringing art Inlo the downtown Capitol complex. PAT MUSICK The Vermont Arts Council end the Verment Deportment of Buildings .nd Generel Services Invite the publIC tc visit the current exhibit cf outd()()( sculpture In the Coundrs Sculpture Garden. Page 1 of3 r--"--.' l~~~~_: W"!..... ~F~~~': ... ;- .:r~~ ~~ "', C; The 2007-2009 Sculpture Glrden Exhibit was curated bv L1nd.ey Harty or the Vermont Arts Coundland pelntet Charlet Davenport, 0 lormer Council board member ond ennuel o'llanl'er of ScultpureFest. About ,fj1 ./ p ~:/ -.. -. l'l~-.....U-l.-<~<!. ....-$7 't..Z He.rb Ferris: "Hanging Stono", pictured at left, features a piece of \Yood and river stone. The wood in this piece IS wood lominate In the shape cf. pod forming ribs, with the dvel'$tones hlnglng.s . pendent In the mWdle. Herb worio:. In wood, steel Ind Slone. end hiS werio: has been used!n private and public gardens, His sculptures fall roughlv Into three groups: lntimale space pieces In stone ond vlOOd, Ia'lle pIeces that renect and Invoke the Iar.dsape (ellures of mountllns end bodies of weter and smaller pieces In stone as fountelns or .tlll water basins. The wood h.s been treated with e varIety of preservatives Including boron Implents. The pieces are joined with pins .tod epoXies. Manv of the stene pieces ere mede with schl.lond beach gr.nlte. Pal Musick: "Lun\tnarla- and "The Path'" .Lumlnar..... pictured at laft. I. e large cesl bronze sculpture ebout B feel lOll. It mimics 0 driftwood look. Pat Is new to Vermont, previously from Amnsos. Her worio: Is shown all over the COUtltry In permanent and temporary InstollaUons. '"The. Path., pltturad at rIght, reatun!s a series of three low metal tables that are oriented to the grcund, with a circular pile of pebbles In the <entet o( each table. Says Pat. .~Iy art IS e renectJon of the tensions that exist between mankind end the natur.1 environment. It addresses the havoc that we Ilave done to the netural wond ondthe devastation thetthe ne\Ural world hu wreaked upon mankind. I .earch for ",ays to ae.te h.rmony and ~contlllallon of this sitUation both In the media ond the content. Stone and .,""" speak (Ot the physlcol world while rusted steel add,esses human abuse 0( l!'e 1/ . --- ._u ~-~~""Mnn""H nrol A hrll1t/~c1l1ntureGarden/tabid/88/Default.aspx - - ---- --- 7/27/2009 Vermont Arts Councill Public Art I Sculpture Garden Page 2 of3 environment lhrough my work these conditions come tngether In a convel$8l1on of peace and splritual quiet treating a reconciliation. In tOday.s world so many of us try out (or suen a heallng,- BARBARA KAUFMAN In her studio In Woodstock, Vt., Berba,., Stroock Kaufman '~O Is ever busy making art. It's her source of energy, she says; "I Just fall apart If I'm IlOt doIng it." "Column". pletured at right, Is a beaullful organic pillar wllh varied texture and color thaI Is enhanced by Its natural surrounding. A resident of Woodstock, aarbara Is a cerami< artist that has worle In coUecllons 8CI'OS<.lthe nation and whose coreer has spanned decades. Her largo outdoor ceramic sculplure w"hstands Ih. winter weather well. CUITenlly her art has referenced the female form with allusions to various 'ultures and alllmes more natural forms. Her sculptures-many of whl'" "live' In gardens or functlon as fountains or bird blths-are so popular that KaUfman sometimes h.. trouble colle"lng cnough of them for an exhlbll. Commissioned worles have appeared In gallery shows throughout New England and Canada and ha.. traveled coast to coast: he, sculptures have al$O been on view althe Clndnnat1 and PllIIadelphla Museums Of Art, KaUfman's 'ba.l, valnlng" in art come from Harry Wickey [Skldmo", COllege] who taught her forst 10 sketch and lhen to sculpt (he himself went on to become curator of the reknowned Storm King Art Museum). Source: Skidmore College webslte LINDSEY MOLYNEUX "A'<lb", plctuled U left, Is a drift.wOOd piece created by Undsey t~olyneu.. Undsey Is an artist flOm South RoyaltDn. who has transformed her love of horses Into an elegant body Of work. She works using found drlft.wOOd to create representaUona' works depicting horses. Undsey's pa..lon for both art ond horses wos evident from childhood, from her early sketches In the 9ravel driveway to the life-size more thot appeared painted on her bedroom wall one day. aefore Undsey had her nrst pony, she a,tually built lumps In the ya,d and ran .....r the courses herself. She embarked on a lifelong journey of ueatlvity and Invention that hos produC1!d SCUlpture as unique end omnlng os she IS. Undsey currently lives and works on a farm In South Royalten, Yormont, col1eal"ll many of her supplies during mlcl-Summer raft rides down lhe White River. ~, VERMONT KEVIN WIBERG 1111. . '.. I''".''o~'" ,.....",,~ _...~ ",,",. "... _.~ "'.. .". ~m' "n....... M.' ., branches. HiS works is ephemeral and slunnlng t., 8 natural context. I: ~~. Kevin ts a resldenl of Hunllngton and works wllh found natural material, and ceramics. ."., JOE HALLOWELL "Eating Crow", pIctured at right, Is an alumlllum and steel sculptu,e of. large fork with a black crow perched upon the lines. It Is a humorous and striking representation of Ihe familiar phrase. Joe Is I naUve of Oanvllle whose work ranges from Whimsical to conte.mptatlvE. Says loe. 'My art /s charaaerlzed by Ihe dual themes or transformatIon and reallly. I deal with reallSlIcollv portrayed natullll subJecls that dwell In Ihe realm of the unexamlned.... Art IS a means by \Vhl'" people can view the familiar, examine fl, and go In new perspective.' ANNE DEAN .-. _.n --"~.-4Mnn",,,;J ,..,.01 A hnn1 I~Cl) IntureGardenltabid/88/Default.aspx 7/27/2009 Velmont Arts Council I Public Art I Sculpture Garden Page 3 of3 WILLARD BOEPPLE Accessibility Policy "Beneh-, pictured at teft, 1s an elegant whIte marble bench with smooth Nnes of detail. Anne has been working In stone and metal for lhe last rew y.ars and has recently become President oOhe Board of tile Carving Studio end Scultplore Center In V'Jesl RuUand "The Goldstone Memoria'", pictured atlaft, was created In 2001 by Vllllard Boepple or North Bennington. It was aeated In honor of Soepple's friend James Goldstone. GoldslOne was a '8$l<lent or Shaftsbury, a director & producer of film on large silver & smell television screens, a co.rounder & thalr of tM VT Film Commission II. . trustee or the VT Arts Coundl. He died of canee. in the fall of 1999. The Goldslone ""'morlalls the only permanent work In the Sculpture Garden. "J em an abstract sculptor & I want my sculpture to speek In a language of Its own Invention, create . reality or Its own terms. A good sculplu,e gives us a glimpse of the world through a rresh eye. That being said, the Goldstone sculplure "FOR nM" came to lire In my mlnd's eye the way \hat JIm moved. I tried to get Into the sculpture. sense of his gentle. lanky grece - the way he walked or stood holding a gl.S5. Remembering Jim, that Is what I saw & what J miss seeing today.' Users \'lith SPeCIel Ne<!ds Privecy Policy Equal Opportunity Is the law. A Vermont Goyernment Webslte. Yermont Arts Coonclll136 State Strut I Montpelier. VT 05633-6001 I 802-828-3291 I T1Y: 711 I Emell Us 02008 State or Yermont, All rights reserved. Admin 1 ..... 11..___.. "~'~^"""ri"""m,"f'i1 mol A hont/f\culotureGardenltabid/88/Default.aspx ---- 7/27/2009 ~~."". .. .....;....w._... - . ,..',;., .., .' . . . ' ....:.'.."..'...'... ' '..~'i.~. ~:'.." , . ~ ~ [B""C"." . :/.;... ':;:~. ..... -" .\!. ......... . . [I;l ~ ~l................ " ~,.... r. . . .,.~;..., ~ -:~ llii [IJ"8 0-- \t OUTSIDE: 1. Jerry Daniel, Sanger Dancm /11M concrete, steel 2. John Brough Miller, Argyle Do/phin Rhythm steel 3. Jim Cinquemani, DaHu Arbor steel 4. Alice Bateman, Fort Worth Satllmi" - La Rorra black halian marble, Heel 5. David Hickman, Dallas Prlliri( Palls bronze, marble, copper 6. Eiseo Garcia. Farmers Branch Mauma/ Coms Cordova limestone 1. Paul Kittelson, Houston Staples &tainJes$ steel 8. MicheHe O'Michael, Houston Lll Mujer Roja ned, paint 9. Sherry Owens, Dallas CominK Otlr of th( Circle steel 10. Mac WhiUle}', O\illa Blal1ro #17 steel, paint 1ll: Paul Hernandez, Austin &il/Carnalioll ofPll/1IIer BrtU//ry concrete, steel, paint 12. Art Shirer, Dallu The \Vlz neel, paint 13. David Grae\'e, Houston Wil1doll's 36/1ris glasl, aluminum 14.Joe Barrington, Throckmorton" Ravms Nel.trmort! steel, paint 15. Damian Priour. Austin Ttmplt fO$liliferous limestone, glass, steel 16. David lies, Bolivar HOP Rnbbil1 bronze 11. David McCullough, Dallas Q}lflnln: Celtic Spirit Cttt,her acrylic, FG cement, foam, wire 18. Edward. lee Hendricks, Houston 2004-IX, 2004-X sted, gold leaf 19. Zad Rournaya, Dallas TIme !,{al/agemellt sted. paint 20.1im Glo\'er, Houston Six Piece Gardm stainless steel, aluminum TEXAS SCULPT'URE HALL OFFICE GARDEN PAR K AT Now officially open to the public, [his unique collection features 40 works of aft and (d~bGltes the talent uf sume of Texas' most important artiSts. Visit each piece by strolling through the garden which winds atound the Jake just in from of 680 I Gaylord Parkway and continUe! Inside the lobby area of the building. Outside garden open daily dawn to dusk; imide open weekdays 9to 5. #15. ( 'NSWE ) 11 GAYlOnO PARKWAY 20 1'9 18 2' 6 5 4 3 7~~~lA)i;;;:.::;:).:~::..;..!:! 8 Hi 15 1314 9 1D 1~:)<;..:. .:. ~. : .' . . ........ .'.',:.. ." ..... . " " 12 :,~""'i; " . ::"':.':., %C,;C...::., '''::'.' . ::".;':.;:: . 6801 GAYlORD PARKWAY #20. ( OUTSIDE) INSIDE: 1. Jim Bowman, Dallas BII/ebollllets blown glass. nee! 7. Betsy Bass, Dallas and Tim Nentrup, Fort Worth Bird Wil/dol/J bronze, oak 3. Richard Neidhardt, Sherman Clock Rider bron7.e 4. Marla Ziegler, Dallas Office P'lrly cb.y, glaze 5. Jame! Sullivan. Dallas Figl/" Aloft straw, plaster, wood. steel 6. Jesus B. Moroles. Rockport Blnck Spirit black granite 1. Roget Colombik, Wimberley Portry Srries 11 none, steel, paint 8. Frances Bagley, Dallas Tbe Firit CnlSttdr cedar, pigment 9. Tom O,r. Dallas I%od Bend 0- Blt/,k Bm" wood, glass, laminate 10. Polly Gessell, Dallas Art Conftrmr( glm 1l Heather Mucus, Texas and New York Grt!tn RIIy a1wninum, paint 12. Michael Pavlovsky, Fort \'{forth Pmrvtmnce bronze 13. Karl Umlauf, loIen:l Legend series mixed media on taSt paper 14. Arthur Koch, DaJlas E/~mtnts ofChanKe series wood, cement, paint 15. James Suds, TexaJ and Colorado Thrt!e and Thru and Stvm Plower pine, poplar, steel 16. Jerry Dodd, Commerce Ba/alldng Act steel, paint 11. Harry Geffert, Crowley DOlUlZside, Up bronze 18. Joe Havel, Houston Two Stttrched SUrts bronze 19. Ken Little, San Antonio Coast (lfIa{kittg Coyote) bronze 2D. hue Smith, Dallu Panthrr wood, paint. monofilament ~. Thumbnail photos do not show enure image. Details are shown for sculpture idenrific:\uon only. HALL OFFICE PARK 6801 Gaylord Parkway Suite 100 Frisco, Texas 75034 972.377.1100 www.hallofficepark.com II .i.....~...,... ~...~. .. .. ~ ..J Q ... X ... '" Q .. 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