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Agenda 04-13-10 CRA Board Meeting Tuesday, April 13, 2010 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I.Call to Order - Chairman Jose Rodriguez 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, C & D below) B. Adoption of Agenda V.Announcements & Awards: A. Cricklewood Ocean Avenue Concert – B.UP Movies on the Ave. – May Movie – C. Chicago Palm Beach International Film Festival – VI.Consent Agenda: A. Approval of Minutes - CRA Board Meeting March 15, 2010 B. Approval of Period Ended March 31, 2010 Financial Report C. Approval of Supporting the Boynton Beach All-Star Cheerleaders D. Approval of Business Signage Improvement Grant to South Florida Mastercraft E. Approval of Funding up to $20,000 from the Residential Improvement Program to Dorothy Eblin F. Approval of Funding up to $20,000 from the Residential Improvement Program to Watesha M. Aime and Joanne Jean Noel G. Approval of Funding up to $20,000 from the Residential Improvement Program to Homero and Filomena Resendez H. Approval of Funding up to $20,000 from the Residential Improvement Program to Lessie Sherman I. Approval of Funding up to $20,000 from the Residential Improvement Program to Shari Tellman J. Approval of Funding $48,800 from the Homebuyers Assistance Program to Jermain & Willie Fashaw K. Approval of Funding $37,500 from the Homebuyers Assistance Program to Valencia Spells-Anderson L. Approval of Funding $50,000 from Homebuyers Assistance Program to Charlene Edwards M. Approval of Funding $50,000 from Homebuyers Assistance Program to Kendra Rahming VII.Pulled Consent Agenda Items: VIII.Information Only: A. Explanation of Small Business Program Scoring Matrix IX.Public Comments: (Note: comments are limited to 3 minutes in duration) X.Old Business: A. Small Business Development Program Update-PowerPoint Presentation B. Florida Fishing Academy Update-PowerPoint Presentation C. Reconsideration of Administration Fee for HUD Grant – Children’s Schoolhouse Museum D . Consideration of Third Amendment to ILA between City of Boynton and CRA th for the SE 4 Street Project E. Presentation of Ocean Breeze East Proposals and Selection of Proposer to Begin Negotiations on a Purchase Agreement 1. Auburn Development-PowerPoint Presentation 2. Eastwind Development-PowerPoint Presentation F. Splashdown Divers, Inc. Commercial Lease Renewal-Tabled March 15, 2010 G. Downtown Master Plan Implementation Strategies and Funding Options- PowerPoint Presentation XI.New Business: A. Presentation of Audited Financial Statements for FY 2008-2009 B. Consideration of Approval of Subordination Agreement for Loan Modification for HAP Recipient, Andrae Robinson C. 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 & March 15, 2010 D. 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 & March 15, 2010. XII.Future Agenda Items A. Discussion of Implementing the Easy Agenda B. Discussion of Goals & Objectives for Period Ended September 30, 2010 C. Request for Proposal for Three Single Family Lots on Martin Luther King D. Request for Proposal for Multifamily Project on Martin Luther King E. Discussion of Small Business Incubator on Seacrest & Martin Luther King 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 I' 1I!~~~Y~T8~ eRA Ii East Side-West Side- Seaside Renaolssance CRA Board Meeting Tuesday, April13, 2010 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order - Chairman Jose Rodriguez 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, C & D below) B. Adoption of Agenda V. Announcements & Awards: A. Ocean Avenue Concert - Cricklewood B. Movies on the Ave. - May Movie - UP C. Palm Beach International Film Festival- Chicago VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting March 15,2010 B. Approval of Period Ended March 31,2010 Financial Report C. Approval of Supporting the Boynton Beach All-Star Cheerleaders D. Approval of Business Signage Improvement Grant to South Florida Mastercraft E. Approval of Funding up to $20,000 from the Residential Improvement Program to Dorothy Eblin F. Approval of Funding up to $20,000 from the Residential Improvement Program to Watesha M. Aime and Joanne Jean Noel G. Approval of Funding up to $20,000 from the Residential Improvement Program to Homero and Filomena Resendez H. Approval of Funding up to $20,000 from the Residential Improvement Program to Lessie Sherman I. Approval of Funding up to $20,000 from the Residential Improvement Program to Shari Tellman J. Approval of Funding $48,800 from the Homebuyers Assistance Program to Jermain & Willie Fashaw K. Approval of Funding $37,500 from the Homebuyers Assistance Program to Valencia Spells-Anderson L. Approval of Funding $50,000 from Homebuyers Assistance Program to Charlene Edwards M. Approval of Funding $50,000 from Homebuyers Assistance Program to Kendra Rahming VII. Pulled Consent Agenda Items: VIII. Information Only: A. Explanation of Small Business Program Scoring Matrix IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Old Business: A. Small Business Development Program Update-PowerPoint Presentation B. Florida Fishing Academy Update-PowerPoint Presentation C. Reconsideration of Administration Fee for HUD Grant - Children's Schoolhouse Museum D. Consideration of Third Amendment to ILA between City of Boynton and CRA for the SE 4th Street Project E. Presentation of Ocean Breeze East Proposals and Selection of Proposer to Begin Negotiations on a Purchase Agreement 1. Auburn Development - PowerPoint Presentation 2. Eastwind Development-PowerPoint Presentation F. Splashdown Divers, Inc. Commercial Lease Renewal-Tabled March 15, 2010 G. Downtown Master Plan Implementation Strategies and Funding Options- PowerPoint Presentation XI. New Business: A. Presentation of Audited Financial Statements for FY 2008-2009 B. Consideration of Approval of Subordination Agreement for Loan Modification for HAP Recipient, Andrae Robinson C. 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 & March 15,2010 D. 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 & March 15, 2010. XII. Future Agenda Items A. Discussion of Implementing the Easy Agenda B. Discussion of Goals & Objectives for Period Ended September 30, 2010 C. Request for Proposal for Three Single Family Lots on Martin Luther King D. Request for Proposal for Multifamily Project on Martin Luther King E. Discussion of Small Business Incubator on Seacrest & Martin Luther King XIII. Comments by Staff XIV. Comments by Executive Director xv. Comments by CRA Board Attorney XVI. Comments by eRA 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. 1,.,.;;Ii.~,,;,.'ii~.~ "'~' '".~.. '::l....c.. . .."''''-- - ,-,.1;-"'i""<r-"L'';'\l-iI<:~",.fli"iu.'lJ\ki '-';"'~;~~~,~,"~.~;';"'~""-I"Jll"""lll';;oL"""""":''''''~''"~..'';;' i.::#'_'l...-'.-",;../.:!~;'.r;.;,"<..:,,;,,jJ;;.~i~i>,if.;i.,..~..w.:;t,'o-~IIi~,i::".'i,:~i':~,;"~""...>;.~,,,,;hd.~,'lJ" 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, C & D) ;'.;,............."'-...~..,.'<-.";""'" ~~ .. """"..-.,.-~_...~_&.-L." '""_"'I_"~.1..~.~..~..,"",'''_''~'''''' """-~'-~~"'''''''-~''~'~.''-'' ~,.' ,.._.............,..""'~..;, ii~.t'~,......-;&..'''"'''.....iit.l;;l~~~-i.iIUlIie~'~i'~:'''~~.:;,;;:~.:........."''J..~.,L;1,",..iJ...",.',,,,:~,,,,,, v. ANNOUNCEMENTS & AWARDS: A. Ocean Avenue Concert Cricklewood ( ... ~~~~Y~Te~ eRA iIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 13, 2010 I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Ocean Avenue Concert - Friday, April 16, 2010. ( SUMMARY: · On Friday, April 16, 2010, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post and Rick Lococo will present an Ocean Avenue Concert, · Cridklewood will be performing with a mix of Oldies and R & B. · This FREE concert will take place from 6:0.0 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 Y. . y/(0$ r G:\BiscuitiK\CRA Board\April201O Ocean Avenue Concert.doc ~!lfE~et:RA . East Side-West Side-Seaside Renaissance . LIVING FLA. com Ill( Palin H( ,\( \1 n I....' r I I 'I '''ti~-' ...b.l..:.;." -.;,..;:....~I.u.~_~J. K_~ --. "VT........-..::. .""-:~:. ~ , ~ "" ~ I~ ~l';~.;...t"R-' '~"""D' "l1i"'IiJN'm"'::"~ '-ftlm""'" ,~'il1-'~'i'4.J' ~..-".. .~ '~'l.c" ~. ~.. 'I .,:~ ~ '. ' ),;r, ,\ - ,,~,.. ~ It '!:' ::..:" -I ll, '1...~. r .. . '::"o-~' . -"', '-:;",'.~ - - -. _. . ',",. I, . I. . . _ ,..' C.- . I . .1..'j,,\. ~ Di.. '~.St"'l_ Aw. .'f.~ fJT '. :. ,.JL.........-:..-::d.~ I ~~~~Y~Te~ eRA Iii East Side-West Side- Seaside Renaolssance eRA BOARD MEETING OF: April 13, 2010 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Movies on the Ave. - Friday, May 7, 2010. SUMMARY: · On Friday, May 7, 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 fIlm UP, PG, will be featured. · 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. 1- . Food and Drink: vendors are available. · Bring your folding chairs or blankets. · Parking available onsite. · No pets please. FISCAL IMPACT: Budgeted in line item 02-58500-480. ~ Kathy Biscui Special Events Director / G:\CRA Board\May 2010 Movies on the Ave..doc m OVI~~ 0 N T.u~ .nV~. l!~jjq~8~RA iii East Side-Wen S'.de-Seasldel\enalssance . LIVING FLA.com I hI P;dlll I )(",1( 11 Po..,! _d;.. ~f I' ~ ~ l~ ~ 'j.. ~ ij' I . , ; f' '1 i, " I'" II II, !l. . '1 ~ III 'I 'I 1'1 :{I :'Ij'. .r..-<."..r~~:;": '1': ~ . .. 1':_'. .. :::: ~ l~: ~lt _..'I:1l \;.~~Y . ~......:.;,I :n' :="':'_'\.J " .;-' _, ..~u' 1.:' 'JL :01 ~-I~iJ1~';~J ":.' 1\ ,.1,. ~~.!l-"- ,:. .."...~.. -'~'- .....,.. ....., . ~- -~, _"_-""~'ra' ~.., ... '. .' ,-', '. ~ '0 . I I" j :: ..:r" . .. ._ _. .". ., _, II . . ".'l"''''~. ...- ."". .r- .--. ., '--.. .~'~.-'" - - . ~... .- ..-, .--., - '. 'p- . ..',,_.~..-'il!:.~J ~~.'.1 ....s~-iJ__ ~~ .~ ~ ~ ~ .~ ~' .,--------..L ~~ ..,...;..~ J .~. ~._o.. , . I .'. ." . ...... ~ t . '-. '. ,._~ ....J.L'h~~_.., .,.,r. ""I' ! 'I, '0' 'I I, I 1,1 ,~ .~~r- ~ c JJ~~~Y~T2~ eRA Ii East Side-West Side- Seas"lde Renaissance eRA BOARD MEETING OF: April 13, 2010 I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Palm Beach International Film Festival Film Screening Sunday, April 25, 2010. c SUMMARY: . On Sunday, April 25, 2010, the Boynton Beach CRA will partner with the Palm Beach International Film Festival to present Chicago rated PG-13. . The only outdoor film screening of the festival . This FREE event will start at 7:45 pm. . Located at the Ocean Avenue 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 IMP ACT: Budgeted in line item 02-58500-480. RECOMMENDATIONS: None ~k~ Special Events Director c T:\AGENDAS, CONSENT AGENDAS, MONTIfl.., Y REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\PBIFF 2010.doc [CR~e~RA r ~_ _ C:I.'~:- .\A/_..- C'".~, .~, _ _~~_ D,..~_~...__~_,.. .. >"7.'~ ;;\'~_l~!~? ,f:, )L~ I <~. ~',~~ ~~~I_~ ~.~~ '1(; .~-"'... ~ . ,~. _ iL..:... '-~"l" .I.~ . ','1:";:1 I' '" - ~, ;.~!~.. :, ~: '1'~ ,{' ~; ....~. ....l~.....!.-:.. .J..C'.u ..:out!!..";" , ;",--~ ,...,.~ I...L.z:. t:r~==--<=...-:-J.- ..,~-"...,.- T'~' -. '01 I ....r,:.'.,. ... ~I~"'..~ , #;1lf ..1;, . ,~~.~.1;':~, '-I . lL r i , " 'I , i ~ ~ I'f .J! , I ..... 1/' , .Ii I; , .r:' ~ i i n r, , V ! I ~' -' I i ~ I ,I I I, i ~; " f : ~~ , II : '.i:' ii '~1;:: ,'~ I . " ,I ,,~ ,. -, ~ J: I ~ ~ 1 ~ ~ ,If: : ~ ,~ , , I' .1 i , " I I' I -Il' , i. : 1. ~ !r .... , ~ {' it. ,I i' , I I I "~' , r. " ! 'if 'il' I' I ( I , ::11 "'I, " ~ r I . ~l t, \.1 'I " :ll "I '{i" L . ", I ~ I' !: ~_,_ \_",n..~':::~';i~l,-,,~~I~I!'~ :~-.:.t4~' '.. _v.; ,-:<\.:.. .~' '.'~.'"-. 1: "'I r . ~ . "'::'. ,- ~'--q': " . 1:.'1. :~ ~ :: .~'.~~;' :',.:' }'LCll:~ >. :.:..:6.. .-1:_'_~ ~;";-_<.-.. .....-""""~..~. 1"'-"':"1 .----...--nn-,. I"!""'~' ,~-.~." :' .. ; r' '\1 ,",' ~I , \[1 ,! , I, " ;" 1 : ~ 1:1 ' "1 ' >1', " ., " t.. ,r:!, ' ~ , <' ," , (. (I ~ I I; I' ' " z&\"!I' '. :,~~ J.~~ ..~t ~~.,..,-.ol::.....,." ~ ' I' ;jl; ~. I~' ~ .'; . '- '-I,~ll' "-'::"~~~~~' \ , :1;, . , 1 ' II ~ '! I I ."',,,; '" :'1: I',; " '; ~ .~; \ I ~ ~ I,: , ,,' , ,":' II r~. . !. ;\, ~ k. I' [' " , , r 'I, 'j I- /' ," /' ,r' 'Ii, l: , ...~) .... L.I.~ I ......L..~:_ .&d...:I.:t"lii...........:..i....'...L . , ~ .L _,-,~ A " "": -r'" ~tII~qY~Te~ C . East Side-West Side-Seas"lde Renaissance eRA BOARD MEETING OF: April 13, 2010 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending March 31,2010. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve March financials. ~d~ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Financial Report.doc -06-2010 11:35 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2010 -GENERAL FUND :NANCIAL SUMMARY ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING :VENUE SUMMARY T.I.F.INCOME 6,818,294 6,818,294 0.00 6,960,904.00 0.00 142,610.00) 2.09- MARINA RENT & GRANT INC 926,700 926,700 85,605.51 465,118.19 0.00 461,581. 81 49.81 INVESTMENT INCOME 0 0 0.00 6,194.76 0.00 6,194.76) 0.00 MISCELLANEOUS 0 0 0.00 152.60 0.00 152.60) 0.00 )TAL REVENUES 7,744,994 7,744,994 85,605.51 7,432,369.55 0.00 312,624.45 4.04 ------------ ------------ ------------- ------------- ------------- ------------ ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- KPENDITURE SUMMARY LEGISLATIVE 49,750 49,750 324.77 7,080.10 0.00 42,669.90 85.77 ADMINISTRATIVE 209,725 209,725 467.47 78,185.62 0.00 131,539.38 62.72 FINANCE 148,270 148,270 1,198.74 53,273.90 360.00 94,636.10 63.83 INSURANCES 101,750 101,750 0.00 58,661. 99 0.00 43,088.01 42.35 PROFESSIONAL SERVICES 376,000 376,000 19,862.56 2,486.09 64,476.50 309,037.41 82.19 PLANNING 208,600 208,600 1,546.56 79,334.27 0.00 129,265.73 61. 97 BUILDINGS & PROPERTY 470,190 470,190 17,295.54 115,261.95 20 .990.00 333,938.05 71. 02 MARINA 926,700 926,700 87,913.34 435,260.50 0.00 491,439.50 53.03 COMMUNICATIONS & TECHNOLO 57,860 57,860 5,999.01 24,548.40 69.00 33,242.60 57.45 CONTINGENCY 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 MARKETING 140,702 140,702 5,778.11 51. 992.94 5,650.00 83,059.06 59.03 SPECIAL EVENTS 95,052 95,052 710.59 34,742.67 1,019.94 59,289.39 62.38 EMPLOYEE BEBEFITS 228,824 228,824 50,487.63 137,182.47 0.00 91. 641. 53 40.05 DEBT SERVICE 3,119,526 3,119,526 0.00 3,119,526.00 0.00 0.00 0.00 TRANSFER OUT 1,512,045 1,512,045 378,011.25 756,022.50 0.00 756,022.50 50.00 -~~- ::lTAL EXPENDITURES 7,744,994 7,744,994 569,595.57 4,953,559.40 92,565.44 2,698,869.16 34.85 ------------ -~-- --------- ------------- ------------- ------------- ------------- ------- -- -.-----.---- ----_..-~------- ,. ._--~-~------ ------------- ------------- ------------- ~------ !i:VENUES OVER/ (UNDER) EXPENDITURES 0 0 I 483,990.06) 2,478,81015 ( 92,565.44) ( 2,386,244.71) 0.00 4-06-2010 . AM BOYNTON BEACH \ REVENUE & EXPENDITURES RE1-~_..... (UNAUDITED) AS OF: MARCH 31ST, 2010 01 -GENERAL FUND REVENUES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING T.I.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- MARINA RENT & GRANT INC 01-42115 MARINA RENTS 86,400 86,400.0 0.00 35,654.75 0.00 50,745.25 58.73 01-42116 MISCELLANEOUS RENTS FRO PROPE 0 0.0 2,500.92 7,766.99 0.00 7,766.99) 0.00 01-42117 MARINA FUEL SALES 840,000 840,000.0 83,104.59 421,509.68 0.00 418,490.32 49.82 01-42118 MARINA MISC INCOME 300 300.0 0.00 186.77 0.00 113.23 37.74 TOTAL MARINA RENT & GRANT INC 926,700 926,700 85,605.51 465,118.19 0.00 461,581.81 49.81 MARKETING INCOME FESTIVALS & EVENT INCOME INVESTMENT 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 CONTRIBUTIONS & DONATION MISCELLANEOUS 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 OTHER FINANCING SOURCES TOTAL REVENUES 7,744,994 7,744,994 85,605.51 7,432,369.55 0.00 312,624.45 4.04 --------- -------- --------- ----- ============= ===--=====z:= ---- ------------ ------------ ------------- ---- -2- -06-2010 11:35 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2010 -GENERAL FUND ;GISLATIVE :PARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING )ReHASED/CONTRACT SERV )1-51010-200 CONTRACTUAL EXPENSE 22,500 22,500 0.00 130.00 0.00 22,370.00 99.42 Jl-51010-203 MISCELLANEOUS 7,000 7,000 0.00 4,391.35 0.00 2,608.65 37.27 Jl-51010-216 ADVERTISING & PUBLIC NOTI 2,700 2,700 194.27 807.50 0.00 1,892.50 70.09 Jl-51010-225 ASSOC. MEETINGS & SEMINAR 13,050 13,050 0.00 1,252.75 0.00 11,797.25 90.40 Jl-51010-227 DELIVERY SERVICES 3,500 3,500 45.00 413.00 0.00 3,087.00 88.20 TOTAL PURCHASED/CONTRACT SERV 48,750 48,750 239.27 6,994.60 0.00 41,755.40 85.65 JPPLIES :11-51010-310 OFFICE SUPPLIES 1,000 1,000 85.50 85.50 0.00 914.50 91.45 TOTAL SUPPLIES 1,000 1,000 85.50 85.50 0.00 914.50 91. 45 TOTAL LEGISLATIVE 49,750 49,750 324 . 77 7.080.10 0.00 42.669.90 85.77 j 4-06-2010 . AM BOYNTON BEACP ~ REVENUE & EXPENDITURES RE~ .' (UNAUDITED) AS OF: MARCH 31ST, 2010 01 -GENERAL FUND ADMINISTRATIVE DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PERSONNEL SERVICES 01-51230-100 PERSONNEL SERVICES 178,125 178,125 0.00 68,509.60 0.00 109,615.40 61.54 01-51230-115 CAR ALLOWANCE 5,400 5,400 0.00 2,080.00 0.00 3,320.00 61.48 TOTAL PERSONNEL SERVICES 183,525 183,525 0.00 70,589.60 0.00 112,935.40 61.54 PURCHASED/CONTRACT SERV 01-51230-225 ASSOC. MEETINGS & SEMINAR 4,000 4,000 372.60) 2,782.91 0.00 1,217.09 30.43 01-51230-226 MEMBERSHIP DUES 6,200 6,200 160.00 1,377.00 0.00 4,823.00 77.79 01-51230-227 DELIVERY SERVICES 3,000 3,000 12.36 338.21 0.00 2,661.79 88.73 01-51230-229 CAREER DEVELOPMENT 1,500 1,500 0.00 220.69 0.00 1,279.31 85.29 TOTAL PURCHASED/CONTRACT SERV 14,700 14,700 200.24) 4,718.81 0.00 9,981.19 67.90 SUPPLIES 01-51230-310 OFFICE SUPPLIES 6,500 6,500 448.25 1,147.75 0.00 5,352.25 82.34 01-51230-315 POSTAGE 2,000 2,000 0.00 1,169.36 0.00 830.64 41. 53 01-51230-340 CELLULAR PHONES 1,200 1,200 187.56 596.92 0.00 603.08 50.26 01-51230-355 SUBSCRIPTIONS 300 300 0.00 0.00 0.00 300.00 100.00 01-51230-360 BOOKS & PUBLICATIONS 500 500 31.90 31.90 0.00 468.10 93.62 TOTAL SUPPLIES 10,500 10,500 667.71 2,945.93 0.00 7,554.07 71. 94 CAPITAL EXPENDITURES 01-51230-400 EQUIPMENT COSTS 1,000 1,000 0.00 68.72) 0.00 1,068.72 106.87 TOTAL CAPITAL EXPENDITURES 1,000 1,000 0.00 68.72) 0.00 1,068.72 106.87 DEPRECIATION & AMORT TOTAL ADMINISTRATIVE 209,725 209,725 467.47 78,185.62 0.00 131,539.38 62.72 -4- -06-2010 11:35 AM -GENERAL FUND :NANCE lPARTMENTAL EXPENDITURES ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2010 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING ~ .~l 4-06-2010 JAM BOYNTON BEACF ~ REVENUE & EXPENDITURES REk-~.,l' (UNAUDITED) AS OF: MARCH 31ST, 2010 01 -GENERAL FUND INSURANCES DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PURCHASED/ CONTRACT SERV 01-51410-200 CONTRACTUAL EXPENSE 28,650 28,650 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- -06-2010 11:35 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2010 -GENERAL FUND tOFESSIONAL SERVICES :PARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING JRCHASED/CONTRACT SERV )1-51420-200 CONTRACTUAL EXPENSE 261,000 261,000 19,698.76 5,345.71) 64,476.50 201,869.21 77 .34 )1-51420-201 CONTRACT LEGAL 100,000 100,000 0.00 6,849.00 0.00 93,151. 00 93.15 )1-51420-204 CITY STAFF COSTS 15,000 15,000 163.80 982.80 0.00 14,017.20 93.45 TOTAL PURCHASED/CONTRACT SERV 376,000 376,000 19,862.56 2,486.09 64,476.50 309,037.41 82.19 TOTAL PROFESSIONAL SERVICES 376,000 376,000 19,862.56 2,486.09 64,476.50 309,037.41 82.19 , , 4-06-2010 - -; AM BOYNTON BEACF ~ REVENUE & EXPENDITURES RE. _ (UNAUDITED) AS OF: MARCH 31ST, 2010 01 -GENERAL FUND PLANNING DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING PERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICES 184,205 184,205 0.00 70,848.10 0.00 113,356.90 61. 54 01-51440-115 CAR ALLOWANCE 5,400 5,400 0.00 2,080.00 0.00 3,320.00 61.48 TOTAL PERSONNEL SERVICES 189,605 189,605 0.00 72,928.10 0.00 116,676.90 61.54 PURCHASED/CONTRACT SERV 01-51440-225 ASSOC. MEETINGS & SEMINAR 11,000 11,000 606.56 2,596.23 0.00 8,403.77 76.40 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 2,000 488.00 488.00 0.00 1,512.00 75.60 TOTAL PURCHASED/CONTRACT SERV 14,075 14,075 1,094.56 3,785.65 0.00 10,289.35 73.10 SUPPLIES 01-51440-310 OFFICE SUPPLIES 2,000 2,000 261.04 541.14 0.00 1,458.86 72.94 01-51440-340 CELLULAR PHONES 1,620 1,620 190.96 643.58 0.00 976.42 60.27 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 1,313.85 0.00 313.85) 31.39- TOTAL SUPPLIES 4,920 4,920 452.00 2,620.52 0.00 2,299.48 46.74 CAPITAL EXPENDITURES DEPRECIATION & AMORT TOTAL PLANNING 208,600 208,600 1,546.56 79,334.27 0.00 129,265.73 61.97 -8- -06-2010 11:35 AM BOYNTON BEACH eRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2010 _ -GENERAL FUND JILDINGS & PROPERTY ~PARTMENTAL EXPENDITURES ORIGINAL BUDGET YEAR-TO-DATE BALANCE MONTHLY ACTIVITY AMENDED BUDGET TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING JRCHASED/CONTRACT SERV )1-51620-200 CONTRACTUAL EXPENSE 3,050 3,050 269.91 1,039.82 0.00 2,010.18 65.91 Jl-51620-201 PROPERTY TAXES 160,000 160,000 3,657.16 37,649.55 0.00 122,350.45 76.47 01-51620-205 RENTAL OF OFFICES 42,600 42,600 2,110.00 18,610.00 20,990.00 3,000.00 7.04 01-51620-206 MAINTENENCE & CLEANING 7,560 7,560 630.00 4,217.00 0.00 3,343.00 44.22 01-51620-208 EQUIPMENT LEASES 30,000 30,000 1,980.15 12,240.67 0.00 17,759.33 59.20 01-51620-209 PROPERTY MAINTENENCE COST 201,980 201,980 7,018.74 33,498.83 0.00 168,481.17 83.41 01-51620-224 SIGNAGE 10,000 10,000 805.00 4,412.59 0.00 5,587.41 55.87 TOTAL PURCHASED/CONTRACT SERV 455,190 455,190 16,470.96 111,668.46 20,990.00 322,531.54 70.86 UPPLIES 01-51620-325 ELECTRICITY COSTS 9,000 9,000 297.53 1,927.53 0.00 7,072.47 78.58 01-51620-326 WATER CHARGES 6,000 6,000 527.05 1,665.96 0.00 4,334.04 72.23 TOTAL SUPPLIES 15,000 15,000 824.58 3,593.49 0.00 11,406.51 76.04 APITAL EXPENDITURES IEPRECIATION & AMORT ----~- .--------, --'-- "_'"'_'--'---'--"--'~'--'--_._- ---,-~'.._---_.._.._.- .~- ~m___'~~_~__,,__. ._._----'-._.._~._----~._-~. TOTAL BUILDINGS & PROPERTY 470,190 470.190 17,295.54 115,261. 95 20,990.00 333,938.05 71.02 o ...1 4-06-2010 l' AM BOYNTON BEACH REVENUE & EXPENDITURES RE~ AS OF: MARCH 31ST, (UNAUDITED) 2010 01 -GENERAL FUND MARINA DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING PURCHASED/ CONTRACT SERV 01-51630-200 CONTRACTUAL 500 500 0.00 450.00 0.00 50.00 10.00 01-51630-209 PROPERTY MAINTENENCE 28,100 28,100 775.00 4,903.10 0.00 23,196.90 82.55 01-51630-241 MARINA FUEL MANAGEMENT 148,000 148,000 0.00 61,665.00 0.00 86,335.00 58.33 01-51630-242 MARINE FUEL STATION OVERH 37,200 37,200 2,747.12 18,672.82 0.00 18,527.18 49.80 TOTAL PURCHASED/CONTRACT SERV 213,800 213,800 3,522.12 85,690.92 0.00 128,109.08 59.92 SUPPLIES 01-51630-325 ELECTRIC COSTS 17,100 17,100 822.56 6,325.85 0.00 10,774.15 63.01 01-51630-326 WATER COSTS 2,400 2,400 283.50 1,949.04 0.00 450.96 18.79 01-51630-327 GASOLINE & DEISEL FUEL PU 680,400 680,400 82,373.41 336,227.28 0.00 344,172.72 50.58 01-51630-328 MARINA DIESEL SALES TAX 12,000 12,000 911.75 4,872.78 0.00 7,127.22 59.39 TOTAL SUPPLIES 711,900 711,900 84,391. 22 349,374.95 0.00 362,525.05 50.92 CAPITAL 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 87,913.34 435,260.50 0.00 491,439.50 53.03 -10- -06-2010 11:35 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2010 -GENERAL FUND MMUNICATIONS & TECHNOLO % OF PARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE BUDGET REMAINING 'RCHASED/CONTRACT SERV '1-51650-200 CONTRACTUAL EXPENSE 3,760 3,760 0.00 525.00 0.00 3,235.00 86.04 11-51650-210 CITY IT SUPPORT 21,000 21,000 3,376.50 9,932.86 0.00 11,067.14 52.70 11-51650-211 COMPUTER SOFTWARE & LICEN 3,000 3,000 0.00 29.00 0.00 2,971.00 99.03 11-51650-212 FINANCIAL SOFTWARE MAINTE 6,500 6,500 0.00 0.00 0.00 6,500.00 100.00 TOTAL PURCHASED/CONTRACT SERV 34,260 34,260 3,376.50 10,486.86 0.00 23,773.14 69.39 JPPLIES - )1-51650-330 TELEPHONE LINES 15,600 15,600 922.27 6,633.90 0.00 8,966.10 57.48 TOTAL SUPPLIES 15,600 15,600 922.27 6,633.90 0.00 8,966.10 57.48 r.PITAL EXPENDITURES 01-51650-400 EQUIPMENT COSTS 8,000 8,000 1,700.24 7,427.64 69.00 503.36 6.29 TOTAL CAPITAL EXPENDITURES 8,000 8,000 1,700.24 7,427.64 69.00 503.36 6.29 .",------_._,,---,^ TOTAL COMMUNICATIONS & TECHNOLO 57,860 57,860 5.999.01 24,548.40 69.00 33.242.60 57.45 4-06-2010 J , AM BOYNTON BEACH ~ REVENUE & EXPENDITURES RE... (UNAUDITED) AS OF: MARCH 31ST, 2010 01 -GENERAL FUND CONTINGENCY DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51990-200 CONTRACTUAL EXPENSE 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 TOTAL PURCHASED/CONTRACT SERV 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 TOTAL CONTINGENCY 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 -12- ~-06-2010 11:35 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2010 1 -GENERAL FUND !UU<ETING % OF EPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE BUDGET REMAINING 'ERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICES 87,392 87,392 0.00 33,612.30 0.00 53,779.70 61. 54 TOTAL PERSONNEL SERVICES 87,392 87,392 0.00 33,612.30 0.00 53,779.70 61.54 'URCHASED/CONTRACT SERV 01-57400-216 ADVERTISING & PUBLIC NOTI 3,000 3,000 2,200.00 4,195.00 0.00 1,195.00} 39.83- 01-57400-218 ANNUAL REPORT & BROCHURES 10,000 10,000 0.00 0.00 0.00 10,000.00 100.00 01-57400-225 ASSOC. MEETINGS & SEMINAR 1,500 1,500 132.55 1,841.18 0.00 341.18) 22.75- 01-57400-226 MEMBERSHIP DUES 900 900 0.00 0.00 0.00 900.00 100.00 01-57400-227 DELIVERY SERVICES 3,000 3,000 25.00 25.00 0.00 2,975.00 99.17 01-57400-229 CAREER DEVELOPMENT 3,000 3,000 0.00 1,069.33 0.00 1,930.67 64.36 01-57400-236 PHOTOGRAPHY / VIDEOS 20,000 20,000 2,825.00 9,450.00 5,650.00 4,900.00 24.50 TOTAL PURCHASED/CONTRACT SERV 41,400 41,400 5,182.55 16,580.51 5,650.00 19,169.49 46.30 SUPPLIES 01-57400-310 OFFICE SUPPLIES 5,000 5,000 155.54 383.75 0.00 4,616.25 92.33 01-57400-340 CELLULAR PHONES 1,260 1,260 242.02 882.53 0.00 377.47 29.96 01-57400-355 SUBSCRIPTIONS 550 550 198.00 296.95 0.00 253.05 46.01 01-57400-360 BOOKS & PUBLICATIONS 100 100 0.00 0.00 0.00 100.00 100.00 01-57400-365 OFFICE PRINTING COSTS 5,000 5,000 0.00 236.90 0.00 4,763.10 95.26 TOTAL SUPPLIES 11,910 11,910 595.56 1,800.13 0.00 10,109.87 84.89 ~EPRECIATION & AMORT ---~_._----- TOTAL MARKETING 140,702 140,702 5,778 11 51,992.94 5,650,00 83,059.06 59.03 ,~ ~ 4-06-2010 1 AM BOYNTON BEACH REVENUE & EXPENDITURES RE~, AS OF: MARCH 31ST, (UNAUDITED) 2010 01 -GENERAL FUND SPECIAL EVENTS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING PERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES 84,022 84,022 0.00 32,316.10 0.00 51,705.90 61.54 TOTAL PERSONNEL SERVICES 84,022 84,022 0.00 32,316.10 0.00 51,705.90 61.54 PURCHASED/CONTRACT SERV 01-57500-225 ASSOC. MEETINGS & SEMINAR 1,500 1,500 329.95 1,243.02 0.00 256.98 17.13 01-57500-226 MEMBERSHIP DUES 400 400 0.00 0.00 0.00 400.00 100.00 01-57500-229 CAREER DEVELOPMENT 2,000 2,000 104.90 104.90 0.00 1,895.10 94.76 TOTAL PURCHASED/CONTRACT SERV 3,900 3,900 434.85 1,347.92 0.00 2,552.08 65.44 SUPPLIES 01-57500-310 OFFICE SUPPLIES 2,500 2,500 150.75 403.71 0.00 2,096.29 83.85 01-57500-340 CELLULAR PHONES 1,680 1,680 109.99 659.94 1,019.94 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 15.00 15.00 0.00 185.00 92.50 TOTAL SUPPLIES 4,630 4,630 275.74 1,078.65 1,019.94 2,531. 41 54.67 CAPITAL EXPENDITURES 01-57500-400 EQUIPMENT COSTS 2,500 2,500 0.00 0.00 0.00 2,500.00 100.00 TOTAL CAPITAL EXPENDITURES 2,500 2,500 0.00 0.00 0.00 2,500.00 100.00 DEPRECIATION & AMORT TOTAL SPECIAL EVENTS 95,052 95,052 710.59 34,742.67 1,019.94 59,289.39 62.38 -14- 4-06-2010 11:35 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2010 1 -GENERAL FUND MPLOYEE BEBEFITS % OF IEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE BUDGET REMAINING 'ERSONNEL SERVICES 01-59000-151 F.I.C.A. 41,838 41,838 0.00 14,031.52 0.00 27,806.48 66.46 01-59000-152 MEDICARE 9,785 9,785 0.00 4,169.92 0.00 5,615.08 57.38 01-59000-153 RETIREMENT PLAN 401(a) 71,049 71,049 37,734.00 45,662.00 0.00 25,387.00 35.73 01-59000-154 WORKERS COMP INSURANCE 5,000 5,000 2,278.94 2,278.94 0.00 2,721.06 54.42 01-59000-155 HEALTH INSURANCE 62,208 62,208 9,486.18 33,298.83 0.00 28,909.17 46.47 01-59000-156 DENTAL INSURANCE 4,147 4,147 267.39 1,865.97 0.00 2,281.03 55.00 01-59000-157 LIFE INSURANCE 1,057 1,057 160.20 560.70 0.00 496.30 46.95 01-59000-158 SHORT / LONG TERM DISABIL 3,092 3,092 525.64 1,839.74 0.00 1,252.26 40.50 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 35.28 208.76 0.00 439.24 67.78 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 50,487.63 137,182.47 0.00 91,641. 53 40.05 TOTAL EMPLOYEE BEBEFITS 228,824 228,824 50,487.63 137,182.47 0.00 91,641.53 40.05 r- :] 4-06-2010 1 . AM 01 -GENERAL FUND DEBT SERVICE DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET BOYNTON BEACH '\. REVENUE & EXPENDITURES RE!. (UNAUDITED) AS OF: MARCH 31ST, 2010 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING DEBT SERVICE OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE 3,119,526 TOTAL OTHER FINANCING USES 3,119,526 3,119,526 3,119,526 0.00 0.00 3,119,526.00 3,119,526.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE 3,119,526 0.00 3,119,526 0.00 3,119,526.00 0.00 0.00 -16- 1-06-2010 11:35 AM BOYNTON BEACH eRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2010 L -GENERAL FUND 'tANS FER OUT ~PARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING THER FINANCING USES 01-59999-990 INTERFUND TRANSFERS OUT 1,512,045 1,512,045 378,011.25 756,022.50 0.00 756,022.50 50.00 TOTAL OTHER FINANCING USES 1,512,045 1,512,045 378,011.25 756,022.50 0.00 756,022.50 50.00 TOTAL TRANSFER OUT 1,512,045 1,512,045 378,011.25 756,022.50 0.00 756,022.50 50.00 OTAL EXPENDITURES 7,744,994 7,744,994 569,595.57 4,953,559.40 92,565.44 2,698,869.16 34.85 ============ ----------- ------------- ------------- ------------- ------------- ------- ------------ ------------- ------------- ------------- ------------- ------- .EVENUES OVER/ (UNDER) EXPENDITURES 0 0 ( 483,990.06) 2,478,810.15 ( 92,565.44) ( 2,386,244.71) 0.00 4-06-2010 1 AM BOYNTON BEACH REVENUE & EXPENDITURES REI- (UNAUDITED) AS OF: MARCH 31ST, 2010 02 -PROJECTS FUND FINANCIAL SUMMARY ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING REVENUE SUMMARY INVESTMENT INCOME 0 0 0.00 4,695.38 0.00 4,695.38) 0.00 OTHER FINANCING SOURCES 3,919,107 4,106,318 378,011.25 756,022.50 0.00 3,350,295.71 81.59 TOTAL REVENUES 3,919,107 4,106,318 378,011.25 760,717.88 0.00 3,345,600.33 81.47 - =====---- =____==:z= --------- --------- --------- ------ ----------- -------- ------- EXPENDITURE SUMMARY OPERATING EXPENSES 200,000 337,211 110,350.46 143,890.58 123,936.10 69,384.53 20.58 CAPITAL OUTLAY 1,246,309 1,246,309 40,277.77 283,237.63 119,497.10 843,574.27 67.69 AFFOllDABLE HOUSING 1,139,433 1,139,433 1,020.00 27,180.00 5,170.00 1,107,083.00 97.16 ECONOMIC DEVELOPMENT 643,040 693,040 50,400.00 231,235.40 21,253.60 440,551. 00 63.57 PROJECTS AND PROGRAMS 690,325 690,325 33,630.99 198,740.58 4,420.00 487,164.42 70.57 TOTAL EXPENDITURES 3,919,107 4,106,318 235,679.22 884,284.19 274,276.80 2,947,757.22 71.79 ------ ---------= ------- ---~======= =====--====r= ====--=== =~ ---------- ----------- REVENUES OVER/ (UNDER) EXPENDITURES 0 0 142,332.03 123,566.31) ( 274,276.80) 397,843.11 0.00 -18- 1-06-2010 11:35 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2010 -PROJECTS FUND E:VENUES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING NVESTMENT INCOME 02-46100 INTEREST INCOME 0 0.0 0.00 4,695.38 0.00 4,695.38) 0.00 TOTAL INVESTMENT INCOME 0 0 0.00 4,695.38 0.00 4,695.38) 0.00 :ISCELLANEOUS ITHER FINANCING SOURCES 02-49100 OTHER FINANCING SOURCES 2,407,062 2,594,273.2 0.00 0.00 0.00 2,594,273.21 100.00 02-49900 TRANSFERS IN 1,512,045 1,512,045.0 378,011.25 756,022.50 0.00 756,022.50 50.00 TOTAL OTHER FINANCING SOURCES 3,919,107 4,106,318 378,011.25 756,022.50 0.00 3,350,295.71 81. 59 WTAL REVENUES 3,919,107 4,106,318 378,011.25 760,717.88 0.00 3,345,600.33 81. 47 --------~ ----------- ------------ ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 19 4-06-2010 1 AM BOYNTON BEACH "\ REVENUE & EXPENDITURES RE~ (UNAUDITED) AS OF: MARCH 31ST, 2010 02 -PROJECTS FUND OPERATING EXPENSES DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING PURCHASED/CONTRACT SERV 02-58100-203 CONTRACTUAL EXPENSE 150,000 287,211 106,260.11 138,791. 39 123,936.10 24,483.72 8.52 02-58100-213 LEGAL FEES 50,000 50,000 4,090.35 5,099.19 0.00 44,900.81 89.80 TOTAL PURCHASED/CONTRACT SERV 200,000 337,211 110,350.46 143,890.58 123,936.10 69,384.53 20.58 TOTAL OPERATING EXPENSES 200,000 337,211 110,350.46 143,890.58 123,936.10 69,384.53 20.58 -20- 1-06-2010 11:35 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2010 2 -PROJECTS FUND \PITAL OUTLAY ~PARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET 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 8,632.50 18,342.91) 11,612.50 235,410.41 102.94 02-58200-405 SITE WORK AND DEMOLITION 50,000 50,000 0.00 2,375.00 0.00 47,625.00 95.25 02-58200-406 INFRASTRUCTURE AND STREET 867,629 867,629 31,645.27 299,205.54 107,884.60 460,538.86 53.08 TOTAL CAPITAL EXPENDITURES 1,246,309 1,246,309 40,277.77 283,237.63 119,497.10 843,574.27 67.69 TOTAL CAPITAL OUTLAY 1,246,309 1,246,309 40,277.77 283,237.63 119,497.10 843,574.27 67.69 ...-") i L, ~ 4-06-2010 1 AM BOYNTON BEACH REVENUE & EXPENDITURES REI, (UNAUDITED) AS OF: MARCH 31ST, 2010 02 -PROJECTS FUND AFFORDABLE HOUSING DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING CAPITAL EXPENDITURES 02-58300-420 RESIDENTIAL IMPROVEMENT P 199,805 199,805 1,020.00 27,180.00 5,170.00 167,455.00 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 1,020.00 27,180.00 5,170.00 1,107,083.00 97.16 TOTAL AFFORDABLE HOUSING 1,139,433 1,139,433 1,020.00 27,180.00 5,170.00 1,107,083.00 97.16 -22- 4-06-2010 11:35 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2010 2 -PROJECTS FUND CONOMIC 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 0.00 23,746.40 21,253.60 60,000.00 57.14 02-58400-442 TRANSPORTATION PROGRAM 438,040 438,040 50,400.00 207,489.00 0.00 230,551.00 52.63 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00 02-58400-444 ECONOMIC DEVELOPMENT GRAN 0 50,000 0.00 0.00 0.00 50,000.00 100.00 TOTAL CAPITAL EXPENDITURES 643,040 693,040 50,400.00 231,235.40 21,253.60 440,551.00 63.57 TOTAL ECONOMIC DEVELOPMENT 643,040 693,040 50,400.00 231,235.40 21,253.60 440,551.00 63.57 23 4-06-2010 1 AM BOYNTON BEACH REVENUE , EXPENDITURES REI, AS OF: MARCH 31ST, (UNAUDITED) 2010 02 -PROJECTS FUND PROJECTS AND PROGRAMS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING CAPITAL EXPENDITURES 02-58500-460 COMMUNITY POLICING INNOVA 396,325 396,325 28,489.60 79,209.43 0.00 317,115.57 80.01 02-58500-470 COMMUNITY SUPPORT PROJECT 0 0 1,300.00 2,425.00 4,420.00 6,845.00) 0.00 02-58500-480 COMMUNITY SPECIAL EVENTS 294,000 294,000 3,841.39 117,106.15 0.00 176,893.85 60.17 TOTAL CAPITAL EXPENDITURES 690,325 690,325 33,630.99 198,740.58 4,420.00 487,164.42 70.57 TOTAL PROJECTS AND PROGRAMS 690,325 690,325 33,630.99 198,740.58 4,420.00 487,164.42 70.57 -24- 4-06-2010 11:35 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: MARCH 31ST, 2010 2 -PROJECTS FUND RANSFER OUT - ASSET TRA EPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING 'THER FINANCING USES 'OTAL EXPENDITURES 3,919,107 4,106,318 235,679.22 884,284.19 274,276.80 2,947,757.22 71. 79 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------ ------- 0 0 142,332.03 ( 123,566.31) ( 274,276.80) 397,843.11 0.00 EVENUES OVER! (UNDER) EXPENDITURES 2ft .;};.~..~,.,. ~'~,.....,,~--. ~~''''Vl<\,':<!.>l;~r(.o;;",-""","",'''''''''''''~'. fVr,,,";<c""'~"""'''''~,i;i;,i;,':>;.;:l~i.l.'i;t'''''~->>v]~''IU:~~.. .,.~...ld!!If<.-'- . ~i.~t"""""'''~~~~..~~........,",....,,,c,,~''''''''''c,,.~..,,,,. ,"~.."~'"," VI. CONSENT AGENDA: C. Approval of Supporting the Boynton Beach All-Star Cheerleaders (00. 1IJ~~~Y~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 13, 2010 I x I Consent Agenda I I Old Business I I New Business Legal Other SUBJECT: Support of the Boynton Beach All-Star Cheerleaders SUMMARY: The Boynton Beach All-Star Cheerleaders competed in the 2010 National Competition held in Daytona Beach, Florida. The All-Star Cheerleaders placed second among all other teams in the competition. The second place win qualified the cheerleaders to compete in the US Finals World Destination Competition in Orlando, Florida on April 16 - 17,2010. The Cheerleaders have raised $2,630.00 and request the CRA Board provide fmancia1 assistance in the amount of $1 ,800.00 to cover the travel, housing and food costs for the two day competition. ,,- FISCAL IMPACT: $1,800.00 - Budget Line item - 01-51010-203 CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan. RECOMMENDATIONS/OPTIONS: Approve funding for the Cheerleaders travel, housing and food. r T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 . 2010 Board Meetings\04-13-10 Meeting\Boynton Beach Cheerleaders.doc . !;,il9Z~~~i,~~'~~;" P._...titl"/l~l!!ll!."-'~~.r~~w""-,,,,~.al! ....."',...... ... ".~i:l4)1l...~~i<...',.t:iO{.:.;~...l~~E.~~~N~Ii~.."d,:'"" VI. CONSENT AGENDA: D. Approval of Business Signage Improvement Grant to South Florida Mastercraft ~"R~8~RA iI East Side-West Side-SeasIde RenaIssance - -- -- - . - -- -- Friday April 2, 2010 7:00 - 9:00 PM Hairspray, Rated PG .4"'JJWIr_~~ Olrml;i~(if{!'@;almll.:ve~, o.e~We;$lAkS."ea_,f~I~~. ,ar.f.(ilf ~l~ 1$5:t. Armf~~~e. 'aIPklDn91~a~r.lhifu:I~@:til,"sliit;e, a~1fi!l~'~~irr fu>iZ:l!.Iil~F<< m.a:ilfS E)JI' 1D~~IJ:l1ret~~ ~i(& rr>ef';S,. r(9'6im~,~~\IIie 'Jfllteal~[le' S:Aa61k.s.I~~i~I~~'at~II~1Ei~e'f~11 ~!Ii~IJaiS'~. 1-._I'.Ijf::djlli.i~~~_i_~~-'i.~'.m: J.~RYW(?~RA iIi East Side-West Side-Seaside Renaissance . The PaInl Beach Post PalmBeachPost com ,.. - ~'IiIIJ" -M"""" _~. -.""" ,- & I ':, "......~~ _ --,. " ,,- "I ~ ""/"' l ,Ij ~ ~ Friday March 19, 2010 6:00 - 9:00 PM Sundown Country Band ,':'--:~ . ... .. . '. . . . -,.. ,._~.. - . .' - ~ , ... - - "-,- ,.'-:.,'-;=~~ . ....- .. '. .... . o. .~~#!lfmr 1Ji'fi,@l;" fit~We:eHi~~r.e:s~ffli~~,al~;Qj! !$llli 'lr;s~'s."t~ ~~>>:!;e1ffg@ipJilln a~a1i~~~ .erY$ht,e,. Bi(~!ifJfi,y.&:ilillf fiW~i'rn.g- ~hr'81Rrr~ a REi prl~JJOi~' ~Etlifi1'(mt ~1iI:el, tDi~~ ~~!ydt ~~'ii$J' ~111~s- 'a,y.a'j 13@I'e' f0 ~., l1.tnini3$:eJ. filIlt~-~tiS, AU~mtifI.... ~.lt... sa.A!da\:.._~ . !J~.r'. ~.i~~m ~."'~i!!t'!~ ..P''!~. . ~"'!O.7'~~ . "''l'~''. ~~~~. >'~'!lf~~-':"9.~~~".!lDl JUIlRY~2~RA iIii East Side-West Side-Seaside Renaissance . The Pahn Beach Post PalmBeachPost.com '.""-'''f'''-''''ii1''''''''~"''''f'_ni -"""''''~'1 ... ~~J$ii>Il'.~'r!i'''''~~rl'l<'fi''''i4l~"""'''~~~""",,,,,~,,,,,,,,,~_,,,,,,,,,_,,,,,,,,,,,_,"""""'W"""""~~'"';":__" VI. CONSENT AGENDA: E. Approval of Funding up to $20,000 from the Residential Improvement Program to Dorothy Eblin 1!~~qY~T2~ eRA . East Side-West S.lde-Seaside Rena.lssance eRA BOARD MEETING OF: April 13, 2010 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding up to $20,000 from the Residential Improvement Grant (RIP) Program for Dorothy Eblin whose property is located at 125 NW 6th Avenue, Boynton Beach, FL. SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as part of the HOB Work Program. The goal of the program is to assist very low, low and moderate income eligible homeowners and landlords in the Heart of Boynton with the rehabilitation and hardening of the exterior of their homes. Eligible rehabilitation items under current program guidelines include roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard landscaping and irrigation. To date, the CRA has completed 27 grants totaling $429,394.00. The RIP grant application for Dorothy Eblin, as submitted and reviewed, meets the income and property eligibility criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. On March 2, 2010, an invitation to bid was issued to the CRA Board approved list of RIP program contractors. After review ofthe contractor bid proposals submitted on March 25,2010, Assured Contractors, LLC was the contractor selected to perform the program eligible rehabilitation items (see attached) based on lowest responsible bid criteria. FISCAL IMP ACT: Up to $20,000 from the Residential Improvement Grant Program: Project Fund, Line Item 02-58200-406. CRA PLAN, PROGRAM OR PROJECT: Residential Improvement Grant (RIP) Program RECOMMENDATIONS: Approval of up to $20,000 from the Residential Improvement Grant (RIP) Program for D rothy Eblin whose property is located at 125 NW 6th A venue, Boynton Beach, FL. Theresa Utterback Administrative Services Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Eblin RIP.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: Property Address: 125 NW 61h, Avenue, Boynton Beach, FI. 33435 Contact Person: Dorothy Eblin - Contact Phone: (561) 737 3256 Building Description: Number of I 2 I Number of bathrooms: I 1 Property Control Number: 08 43 45 21 07 003 1040 Construction Consultant David Schwarz (561) 358 0583 Client: Boynton Beach Community Redevelopment I Date: I 2/06/10 Address: 915 So. Federal Hwv, Bovnton Beach, FI. 33435 Revised 2/20/10 This Rehabilitation Specifications Work Write Up shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach Redevelopment Corporation with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building may contain lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. Boynton Beach cRAIRelease4\Eblin\Wrile-Up Revised 2-20-10.wpd Page 1 .of 7 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILITATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following ---1L line items: 1. Low Slope Shingle Roof Qty Bid Amount 00 Lot $ 5 b 00:;'--- Description Remove entire low slope roof covering. Replace damaged sheathing, replace / repair damaged rafters and related roof components. Contractors shall include in their bid replacing up to 10% of sheathing and rafter/trusses top chords. Damage in excess of " 10% II of sheathing and rafter/truss top chords shall be addressed in a change order. Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2007 Florida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Install two (2) layers of ASTM 30 lb. felt paper. Then install 40 year rated quality or equal, laminated (dimensional) shingle, self sealing, fungus resistant fiberglass shingles, to meet local building code. Install to code and manufacturer's specifications two (2) Metal Dome Vents, 144 square inches - Owens Corning VentSure or equal. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of jurisdiction. Note 1: Contractor shall submit an affidavit to the affect that the sheathing/decking nail fastening specification described in this line item has been met. Note 2: Contractor shall replace deteriorated portions of existing 1"x 2" build-out for the drip edge at the top of fascia. If no 1"x 2" exists at the top of the fascia, the contractor shall install all new 1 "x 2" primed and painted to match existing fascia color. ATTENTION: Contract may use stucco to achieve a 1 "X2" drip edge build-out at the front gable end. Note 3: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub-fascia. No fasteners shall penetrate into the fascia or 1x2 wood drip edge nailer. Note 4: This item will have a mandatory inspection with the rehabilitation inspector. Note 5: Owner shall have choice of color. ** Note 6: One 36" layer of self adhering modified underlayment shall be placed above flashing in all valleys. Boynton Beach CRA\Release 4\Eblin\Write-Up Revised 2-20-10.wpd Page 2.of 7 Description Qty Bid Amount 2. Impact Resistant Exterior Door With Glazed Light $ ~bSOcil 1 Remove the existing Front Door and jamb, prepare a sufficient door buck, and install a hurricane impact resistant rated pre-hung metal clad six (6) panel door with a glazed light above the panels. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prepare new door assembly for painting by washing with TSP,and a light sanding then apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic semi-gloss paint to match existing finishes, Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Note 1: Door paint color choice shall be by owner in accordance with deed restrictions, homeowner's association. and buildina code of iurisdiction. Contractor shall comply with manufacturer recommended time intervals between coats of paint and shall deliver a smooth full oaint coverage. Roller and brush marks. runs. orange peels. and other defective paint aoplication shall not be accepted. Note 2: Touch-up paint affected finishes resulting from the replacement of the door(s)to match existing as close as possible. Inspector shall be responsible for determining if the touch-up paint matches as close as possible. Note 3: Contractor shall submit Impact Resistant Rated Dade County or Florida Building Code NOA's, stamped by the Building Department of jurisdiction, with this Project's close- out package. Note 4: A landing is required according to code. In the absence of a landing, Contractor shall construct a concrete landing in front of the door as required by code, (or where a landing exists, Contractor shall re-construct/modify the existing landing in order to meet code. ) 3. Fascia Replacement Lot $ dQ ~ <to'- Remove and replace wood fascia. A minimum 6 feet must be maintained between joints or corners which shall be mitered. Fill all nail holes in all affected wood, seal with caulking the seams of joints of wood where they meet the soffit and prepare for paint. Location: Back of House 4. Soffit Screen Vent Replacement 01 oQ Lot $ L )-0 Replace deteriorated screen vent with bronze screen fabric. Soffit screen shall be trimmed with flat screen molding. Fill all nail holes in all affected wood, seal with caulking the seams of joints of wood where they meet the soffit and prepare for paint. Location: Back of House Boynton Beach CRA\Release 4\Eblin\Write-Up Revised 2-20-10.wpd Page 3 of 7 Description Qty Bid Amount 5. Stem Wall Ventilation Screens and Access Door ~ ALL $ 3.00 Place stem wall ventilation screens constructed of 1 X3 pressure treated wood framing and covered with brass insect screen material over all stem wall openings. Fasten to stem wall with screws appropriate for the exterior wall construction. Access door shall be constructed of 2X4 framing, covered with brass insect screen, hinged on one side with a hasp and pad lock on the other. 6. Patch Fascia/Soffit - Southeast Corner 0':) Lot $ L$b Chip stucco and broken roof tile of the fascia/soffit at the southeast corner. Place and fasten wire lath, then stucco to match existing stucco finishes. 7. Fill-In Window Two (2) Windows - Place Wall AlC Unit 2 ~ 00 $ D~O-- Remove existing windows and re-frame the openings to fill-in the windows. Provide new framing to match the thickness of existing wall, provide a rough opening into which to seUhe existing wall Ale unit, place R-11 batt insulation, apply 5/8" plywood sheathing, 15 lb. felt, paper back self furring wire lath, then apply stucco in a scratch/flank coat then finish coat to match texture of existing exterior wall as close-as-possible. Place and secure the existing wall A/C unit with sufficient slope to drain condensate water to the exterior. Hang and finish drywall (three coat process) in the interior, trim with wood the interior perimeter of the NC unit, and paint corner-to-corner to match existing finishes. Installation, electrical circuitry, and electrical device for this item shall be included and comply with building code of jurisdiction. NOTE: Contractor shall supply wall section, sketches, am:! engineering as required by the building department of jurisdiction. Location: North set of windows on the west side the house in the carport. .of],., 8. Aluminum Windows 01 4 $ I 0 S \ Remove four (4) windows. Install new aluminum single hung windows with aluminum framed screen. Provide modifications to openings and electric if necessary to accommodate the new windows. If existing window sills are disturbed, replace with bull nose tile or marble sill(s). Note: Color of aluminum window frames shall be by owner. Location: Front porch -1, Living Room - 3 Boynton Beach CRA\Release4\Eblin\Write-Up Revised 2.20-10.wpd Page 4 of 7 Description Qty Bid Amount 9. Impact Resistant Window $6OJ~ 1 Remove kitchen window adjacent to the back door. Replace the window with a impact resistant single hung window with an aluminum framed screen. If existing window sills are disturbed, replace with bull nose tile or marble sill(s). Provide Modifications to openings and electric if necessary to accommodate the new windows. Impact Resistant Window must be DADE COUNTY or Florida Buildina Code CERTIFIED. Note 1: Contractor shall submit Dade County or Florida Building Code NOA's , stamped by the Building Department of jurisdiction, with this Project's close- out package. Note 2: Patch affected areas to the average finish of the wall resulting from the removal of existing window(s) and installation of the new windows. Note 3: Choice of color of window frames shall be by the owner 10. Repair Drywall - SE Bedroom Lot $ Q..fl t.t fJ"- 01 Remove damaged plaster section of ceiling and water damaged batt insulation in the SE bedroom and dispose of properly. Replace batt insulation and hang drywall and finish in hardcoat plaster to match the average existing finish as close as possible. Apply acrylic primer/sealer and paint corner-to-corner with two coats to match the walls' color as close as possible. 11. Paint Exterior Walls, Carport, and Slide-Down Shutters ,-, ~ Lot $ Z- LfJ-c Pressure clean thoroughly with water. Remove caulking from the expansion/contraction cracks in the stucco. Fill all cracks in the stucco with an elastomeric patching sealant "PIN- LOCK" or pre-approved equal. Patch and holes to match average existing finish, and lightly sand ALL WOOD. Contact the assigned rehabilitation inspector and request an inspection (24 hour notice to required) Upon inspector's approval, proceed and apply two (2) coats of elastormeric paint for masonry application, "Behr Elastomeric", or pre- approved equal. Apply one (1) coat of acrylic primer/sealer and two (2) coats of semi-gloss wood grade paint on exterior doors, wrought iron, and wood trim. Primer/sealer and paint shall be of the same manufacturer. Note #1: Paint color choice shall be by owner in accordance with deed restrictions, homeowner's association, and building code of jurisdiction. Paint shall be limited to two colors. Note #2: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Boynton Beach CRA\Release 4\Eblin\Write-Up Revised 2-20-1 O.wpd Page 5 of 7 Description Qty Bid Amount Note #3: Contractor shall comply with manufacturer recommended time intervals between coats of paint. Note #4: Contractor shall deliver a smooth full paint coverage over the average substrate finish. Roller and brush marks, runs, orange peels, and other defective paint application shall not be accepted. Note #5: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Contractor shall excavate and extend wall painting a minimum of 6" below grade at masonry wall perimeter Note #6: Contractor shall cover fill cracks in stucco with an elastomeric patching sealant in accordance with manufacturer's recommendations priorto painting two coats of elastomeric paint. ATTENTION: Contractor shall attend to sealing cracked stucco on fascia, soffit, and front gable end. Note #7: Aluminum slide-down shutters shall be water pressure cleaned, sanded, an aluminum primer applied and then painted with two (2) coats of semi-gloss paint. Note #8: Contractor shall trim the front hedges, then remove the vines, aloe plants, and tree branches within 24" of exterior wall in preparation to paint the exterior Total Bid Proposal for Items #1 thru #11: $ \ lf1\.~ Boynton Beach CRA\Release 4\Eblin\Write-Up Revised 2-20-1 O.wpd Page 6. of 7 ALTERNATE #1 12. Aluminum Hurricane "FOLDING" Shutters Lot $ ,jJ '- L.f so. .- Install folding (accordion) aluminum hurricane shutters at ALL window openings "With the Exception" of the new hurricane impact window adjacent to the back door which is specified in Item #9. The hurricane shutter system shall satisfy the 2007 Florida Building Code for both impact resistance and pressure requirements. The aluminum hurricane folding (accordion) shutter system, with stiffeners if required by engineering instructions, shall be permanently affixed to the building per manufacturer's instructions. EXISTING SHADE AWNINGS, DECORATIVE SHUTTERS, and WINDOW SECURITY BARS: (to be addressed as indicated): [X] Existing window shade awnings that interfere with the installation of hurricane shutters, shall be removed with care and placed in an orderly fashion at a location selected by the owner. Note 1: Contractor shall submit Miami-Dade County or Florida Building Code Notice of Acceptance, stamped by the Building Department of jurisdiction, with this project's close- out package. Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be patched and touched-up paint shall be applied to match existing finishes as close as possible. Inspector shall be responsible for determining if the touch-up paint matches. Boynton Beach CRA\Release 4\Eblin\Write-Up Revised 2-20-10.wpd Page 7. of 7 . - - PR5ented by ~. Auburn ~Group and Boynton Beach eRA A variety of events and activities celebrating Boynton Beach's multicultural heritage and unity Ezell Hester Center Fri.feb.15-SUD.feb.17 Highwaymen Public Art Program Basketball Tournament · Children's Activities and Entertainment fREE CONCERT THE COMMODORES sat Feb. 23, 7-10 pm (DOWNTOWN BOYNTON) Ocean Ave. between Seacrest Blvd. & NE 1st Street www.boyntonbeachcra.com · 561-742-6553 or 561-742-6246 II~'!~_<;~ . ~~ ... .- The PO.aJm Btw:h a.. .. "...... PahnINtI\Po$t.<Om \'1.. A cultural highlight of this year's Heritage Celebration event is the Highwaymen Public Art Mural Program. ~ devel.oped to educate children, teens and the public about Florida's history while providing an appreciation for \.. Highwaymen art whose gifted artists capture the natural beauty of Florida's Everglades and landscapes on ,,,- their colorful canvases. - This program also offered children's artwork classes, where students were instructed in .". Highwaymen painting techniques. The result of their combined efforts, 4 x 8 foot murals, are now on display throughout Boynton Beach. including City Hall. Activities sponsored by the Boynton Beach /) Library Program, Art in Public Places, Art Center Kids Club, Hester Center Kids Club, Art Smart and the Youth Violence Prevention Program. For additional information, please contact Debby Coles-Dobay at 742-6026, or Karen Abramson at 742-6380. Schoolhouse Children's Museum (Sponsored by the Boynton Beach library Program) February 2, 9, 13 and 16 129 E. Ocean Ave. 742.6780 February 2nd Cultural activities celebrating African-American heritage 11:00 am 12:00 pm 1:00 pm 2:00 pm Black History Workshop lunch with guest musician "Garment of Praise" Praise Dancers "An African Experience in America" by Madafo Wilson, an African-American storyteller/musician February 9th Step Dancing Groups . Chi Sigma Chi Chapter 111 "Fierce & Full of Fire'" from Park Vista High School . P. R.I.D.E. Step Team from Boynton Beach Community High School . Wave Step Group from Clifford O. Taylor Kirklane Elementary School 2:00 pm - 3;30 pm February 13th 6;00 pm - 8;00 pm ArtLink Highwaymen Roadshow Artlink International. a gallery in lake Worth specializing in Highwaymen and Florida artwork, invites the public to bring in their Florida paintings for a free appraisal by one of their professional representatives who will determine if your canvas is an original "Highwaymen." February 16th Future Artists Reception Artwork on display created by children involved with the Highwaymen Public Art Mural Program. 1:00 pm - 2:00 pm ! ~ Ezell Hester Center Activities 1901 N. Seacrest Blvd. February 15 - 17 742.6550 Youth Entertainment South facility Parking lot Spotlight performers include Marcus Pleasure Cooper (Pretty Ricky). JJ & the Connections, Ms. Monique Mills, The Strictly Business Band and Precious February 15th - 17th Men's Basketball Tournament Hester Center Gymnasium Exciting week-end long tournament where local teams test their athletic skills Friday 6:00 pm - 9:00 pm Saturday 10:00 am - 9:00 pm Sunday 1:00 pm - 9:00 pm (t February 16th February 16th Fun Family Activities Outdoor courts and playground area · Highwaymen Public Art Mural display · Rock climbing · laser tag · Trackless train · "Fireplug the Clown" and friends · All American Gaming 10:00 am - 6:00 pm fJ 10:00 am - 9:00 pm ~ If~, ,(;<,,"" ,'- " \; , 1.11-',' .I!':', -./"'1,1.1' "" /j-' ,_ 'V ~.. 41"'.,,_ (...I)" "'6 .. ,'t>., <,a~ '(,..At.. Ii. 2009/2010 ():~::' ~, BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY J.' ~;'. :;,.:,' RESIDENTIAL IMPROVEMENT GRANT ~ f)....:~ PROGRAM GUIDELINES -Vnt IlflY~Te~ eRA . East Side"'West Side"'Seaside Rena'lssance The following guidelines are intended to define the extent and scope of the program. The purpose of the program is to assist income eligible property owners with improving various exterior elements of their existing residential property. The goals of the program are to provide grant funding for the improvement of the existing housing stock, allow residents to remain in their properties, and to facilitate and encourage redevelopment activity in the Community Redevelopment Area through neighborhood stabilization efforts. The following guidelines and requirements are applicable to this program: 1. The program is available only for property located within the Community Redevelopment Area. See attached Map. 2. The program is for existing single family detached residential properties. Rental or income properties are eligible if there is no outstanding City or County code enforcement or other liens on the property. Applicant must supply proof of ownership by providing a copy of the recorded warranty deed. 3. The maximum grant amount is $20,000 per residence. Any and all funding not expended under the awarded grant will be released back into the program. Owners of properties that are not owner occupied must provide a dollar for dollar match to the amount of CRA funds provided. Proof of the ability to match CRA funds must be submitted with the application package to be eligible for reimbursement. 4. Owners of rental properties must sign, as part of the application process, an agreement that the Owner covenants not to increase rents on improved units more than 5% for the two year period following completion of the improvements and that breach of the covenant shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. 5. Eligible improvement items under this program include: . Roof repair or replacement. . Roof soffits and fascia repair or replacement. . Exterior Painting; color to be selected and sample signed off by the homeowner. . Hurricane shutters or impact rated windows when determined to be more cost effective by CRA staff. . Exterior Doors; Door materials to be selected from CRA approved list. . Landscaping & Irrigation; limited to the front yard only and a $2,500.00 maximum for landscaping elements. Plant materials to be selected from CRA approved plant list only. . Repair of existing potable water and lateral sewer lines, exterior of the house only. Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Granls:RIPGranI:RIPappllcations&guldleines 6. All program eligible improvements to be addressed are subject to CRA staff approval CRA staff may recommend improvements not being requested by the applicant in order to meet City of Boynton Beach building code or to improve the home's appearance on the street. 7. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach and/or Palm Beach County. 8. Applicants shall not have an income greater than 120% of Palm Beach County median household income relative to family size. Appl;cant(s) shall submit most recent year's income tax returns, W-2's, social security statements, etc. to verify income. Any person residing in the home over the age of eighteen who is not employed, shall complete a no-income affidavit. The affidavit shall be submitted with the application. A personal net worth/asset form must also be submitted by the property owner. Applications shall be rejected if the stated amount of available cash exceeds 1.5 times the amount of the program's $20,000 grant limit. 9. All applicants shall submit a completed Insurance Disclaimer Form stating that they have not received any insurance funds to perform work being requested on the grant application. 10. No work to be covered by CRA grant funds may begin prior to the approval of the grant application by the CRA Board and execution of grant agreement. 11. Only applications that are complete including any and all required documentation will be considered for funding. Applicants who fail to provide documentation within four weeks of it being requested by the Agency will have their application rejected and must re- apply. 12. The Residential Improvement Grant program may only be used one time in a five year period for anyone property. Property owners may re-apply for additional grants any time after five years from date of previous grant approval. 13. All applicants that have been awarded grant funding under the program agree to have their home as well as themselves photographed for use by the CRA in various publications including press releases for public media 14. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE CRA BOARD. I hereby affirm that I have read, understand and accept the above guidelines as set forth under the Boynton Beach Community Redevelopment Agency's Residential Improvement Grant program. Applicant Signature: ~ t ~ Applicant Signature: Date: / - ,,?{ ~ 0( 0 It) Date: Residential Improvement Grant Application Revised October 2009 TDrive: Programs&Grants:RIPGrant:RIPapplicalions&guidleines APPLICATION PROCESS FOR RESIDENTIAL IMPROVEMENT GRANT PROGRAM 1. An applicant seeking a grant may secure an application from the Boynton Beach Community Redevelopment Agency, located at: 915 S. Federal Highway Boynton Beach, FL 33435 561-737 -3256 Office hours Monday - Friday 8:30 AM to 5:00 PM. 2. Applicant shall obtain, read, and understand all aspects of the Residential Improvement Grant Program and execute the Grant Agreement. 3. . One original application and unbound copies of all materials are to be submitted to CRA staff and date stamped to document receipt by the CRA staff. 4. Upon receiving all required application documents, CRA staff will determine program eligibility. Once determined, staff wiii notify the applicant and prepare an itemized project specification write-up for contractor bidding. Only program approved contractors may bid on the grant funded project. After the bid process is completed, CRA staff will present the applicant and the corresponding bid to the CRA Board for their final approval and grant award. 5. CRA funds will be paid directly to the contractor(s) providing the improvements upon completion of work. Verification and approval of completed work shall be conducted by CRA staff or designee. Any and all building code required permit inspections shall be conducted by the City of Boynton Beach Building Department. 6. Applicant(s) shall not have an outstanding City of Boynton Beach or any other lien 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 lien is satisfied. However, CRA funds may be used to correct code violations on owner occupied properties solely at the discretion of the CRA. 7. All applicantls shall submit a net worth statement for all owners and a list of all properties owned by all applicants. 8. All applicants shall submit a completed Insurance Disclaimer Form stating that they have not received any insurance funds to perform work being requested on the grant application. 9. All applicants that have been awarded grant funding under the program agree to have their home as well as themselves photographed for use by the CRA in various publications including press releases for public media. Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Grants:RIPGrantRIPapplications&guidleines BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM APPLICATION Date: Name/s of Applicant/s: Applicant Information ~t~ . ,/;<S- lJJ~' j, ~- /jy~1 Address of Applicant/s: Address of Property (if rental): Phone Number: SbJ- 732- 37'1-C::? Cell Phone Number: E-mail: Total Annual Household Income $ .~.h4 ..... How many members in your household? I r / /)/ b;;1. Please list their names, ages and relationship to applicant: Name: Age: _ Relationship: Name: Age: _ Relationship: Name: Age: _ Relationship: Name: Age: _ Relationship: Name: Age: _ Relationship: Property Information Property Control Number: Is the Property Homesteaded? Yes -.J!' No Do the applicants reside in the property to be improved? Yes 1 No If yes, how long have you lived in the home? ~, Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Grants:RIPGrant: RIPapplications&guidleines Is the property a rental? Yes NO~ If yes, is it currently occupied? Yes _ No _ How many rental units are on the property? Are there code violations on the property? Yes _ No What improvements are you requesting to make to the residence? Please list all. I CERTIFICATION AND WAIVER OF PRIVACY: ~ ' The applicant(s) certifies 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 Residential Improvement Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. COVENANT AND AGREEMENT TO REPAY GRANT (Rental Properties Only) Owner covenants and agrees that they will not to increase rents on improved units more than 5% for the two year period following completion of the improvements and that breach of this covenant and agreement shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. Applicant: ~~A ~?7 ~/ --;J ~ si;;~r~~7 ~t~ . Print Name: .oRoTJly /EBLIN Date: 1- ~,,- ,;( ;!J /0 Applicant: Signature Print Name: Date: Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Grants:RIPGrant: RIPapplications&guidleines Boynton Beach Community Redevelopment Agency Residential Improvement Grant Program Reauired Documentation Needed to Process ADDlication: 1. Signed and completed Residential Improvement Grant program Application & Guidelines. 2. Copy of recorded warranty deed. 3. Copy of current year tax bill. 4. Copy of homeowners insurance declaration pages (wind, liability, etc.) if applicable. 5. Completed Insurance Benefit Disclaimer. 6. Proof of income eligibility: copy of the most recent year's tax return, social security earning statement (if applicable), one month's pay stubs and two months bank statements for all persons over the age of eighteen (18) adults living in the residence. Any person over 18 years of age who is not earning income shall execute a statement of no-income form. If property is a rental, a copy of the last 2 years tax returns of owner. Copy of code violation notices, if applicable. 7. C0 Photos of residence and areas of the home to be improved. 9. Copies of all current leases if property is a rental. 10. Proof of financial ability to complete project (rental only). Bank statements, line of credit, etc are acceptable forms of proof. 11. Applicantls shall submit a net worth statement for all owners and a list of all properties owned by all applicants. Residential Improvement Grant Application Revised October 2009 TOrive: Programs&Granls :RIPGranl:RIPapplicalions&guidleines ..,..,"'b.:;':'"~U.","""",,"'-'^<'-"''''-'~ ._~,~~...,.d~_" ..J... '~''(>'''''~'''''' .~,,~. 'i7'""'''';''.;W'i''~~;l'4'f(i.!''-ffijj''i''>''~IaeVW~1Z!';''r.'~f~f4~'''''iil1iili~.1ii,~~'!i.i:.:.~~./lIki~~llI'f~~~"J'""",,,,,"",,,,;,h..,,, VI. CONSENT AGENDA: F. Approval of Funding up to $20,000 from the Residential Improvement Program to Watesha M. Aime. and Joanne Jean Noel ~~~qY~T8~.CRA Ii East Side-West Side-Seaside Rena.lssance eRA BOARD MEETING OF: April 13, 2010 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding up to $20,000 from the Residential Improvement Grant (RIP) Program for Watesha M. Aime and Joanne Jean Noel whose property is located at 113 NE 5th Avenue, Boynton Beach, FL. SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as part of the HOB Work Program. The goal of the program is to assist very low, low and moderate income eligible homeowners and landlords in the Heart of Boynton with the rehabilitation and hardening of the exterior oftheir homes. Eligible rehabilitation items under current program guidelines include roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard landscaping and irrigation. To date, the CRA has completed 27 grants totaling $429,394.00. The RIP grant application for Watesha M. Aime and Joanne Jean Noel, as submitted and reviewed, meets the income and property eligibility criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. On March 2,2010, an invitation to bid was issued to the CRA Board approved list of RIP program contractors. After review of the contractor bid proposals submitted on March 25, 2010, Ray Graeve & Sons Construction, Inc. was the contractor selected to perform the program eligible rehabilitation items (see attached) based on lowest responsible bid criteria. FISCAL IMP ACT: Up to $20,000 from the Residential Improvement Grant Program: Project Fund, Line Item 02-58200-406. CRA PLAN, PROGRAM OR PROJECT: Residential Improvement Grant (RIP) Program RECOMMENDATIONS: Approval of up to $20,000 from the Residential Improvement Grant (RIP) Program for Watesha M. Aime and Joanne Jean Noel whose property is located at 113 NE 5th Avenue, Boynton Beach, FL. rJb1lL!uloku/L Theresa Utterback' Administrative Services Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Aime-Noel RIP .doc ~ ~j A'o 0 o o BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: Property Address: 113 NE 5fh. Avenue, Bovnton Beach, FI. 33435 Contact Person: Watesha M. AimeJ and Joanne Jean Noel Contact Phone: (561) 736 3946 Building Description: Number of bedrooms: 1 2 I Number of bathrooms: I 1 Property Control Number: 08434521 160000660 CONTRACTOR BID INFORMATION Total contractor bid for work requested: $ I If 8 ~ 5", ,,)-~ I si; Jf~ Bid submitted by: Rf/~ r;12fY1.:..ve. 'r :)6 N s f'otJs( Signature: X The proposed work shall be completed within ~ working days. Client: Address: Boynton Beach Community Redevelopment Agency I Date: I January 1, 2010 P.O. Box 337, 404 NW. 13th. Avenue, Boynton Beach, FI. 33425 This Rehabilitation Soecifications Work Write Uo shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach Redevelopment Agency with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. Boynton Beach CRAIFourth ReleaselAimee Jean-Noel WriteUp Page 1 of 7 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILITATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following --12- line items: Description Qty Bid Amount 1. Sloped Roof - Shingles Lot $ Lf8DO Remove entire sloped roof covering. Replace damaged sheathing, replace / repair damaged rafters and related roof components. Contractors shall include in their bid replacing up to 10% of sheathing and rafter/trusses top chords. Damage in excess of " 10% " of sheathing and rafterltruss top chords shall be addressed in a change order. Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2007Florida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Install one (1) layer of ASTM 30 lb. felt paper. Then install 40 year rated quality or equal, laminated (dimensional) shingle, selfsealing, fungus resistant fiberglass shingles, to meet local building code. Install new ridge vent per shingle manufacturers specifications over all roof ridge. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of jurisdiction. Note 1: Contractor shall replace deteriorated portions of existing 1 "x 2" build-out for the drip edge at the top of fascia. If no 1 "x 2" exists at the top of the fascia, the contractor shall install all new 1 "x 2" primed and painted to match existing fascia color. Note 2: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub-fascia. No fasteners shall penetrate into the fascia or 1x2 wood drip edge nailer. Note 3: This item will have a mandatory inspection with the rehabilitation inspector. Note 4: Owner shall have choice of color. **Note 5: One 36" layer of self adhering modified underlayment shall be placed above flashing in all valleys. Boynton Beach CRA\Fourth Release\Aimee Jean-Noel WriteUp Page 2 .of 7 Description Qty Bid 2. Fascia and Soffit Replacement Lot $JSO Replace fascia and soffit. A minimum 6 feet of new material must be maintained between joints or corners. Fill all nail holes in all affected wood, seal with caulking the seams of joints of wood where the soffit, fascia, and masonry meet - then prepare for paint. Replace soffit venting to match existing. Note 1: Re-fasten remaining loose soffit on front and back sides of the house then caulk and prepare for painting. Note 2: Contractor shall include in their bid nailers as required to re-fasten loose soffit. Locations: All soffit and fascia on the east and west sides of the house, the front porch, and all corners of the house. ATTENTION: Contractor shall exercise great care in removing satellite TV cables and connection devices while replacing soffit and fascia in the vicinity of the electrical service mast and restore them to operating condition after the soffit and fascia has been replaced. 3. Front Hurricane Rated Impact Egress Door 1 $ SOO Remove the existing front door and jamb, prepare a sufficient door buck, and install an "in- swing" hurricane impact resistant rated pre-hung metal clad six (6) panel door. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prepare new door assembly for painting by washing with TSP and a light sanding. Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F51 and matching dead bolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Note 1: Patch affected area to the average finish of the wall resulting from the removal of existing door and installation of the new door. Note 2: Contractor shall submit Impact Resistant Rated Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Door assembly shall meet Dade County product approval without using interior slide bolts. Note 3: Contractor shall install an "IN-SWING" Hurricane Impact Rated door assembly to accommodate hanging an "outswina" screen door. 4. Front Door Screen Door 1 $ ()5D Remove the existing screen door and provide and install new aluminum screen door. It shall be installed on exterior side of the Hurricane Impact Rated door hung in item #3 complete with all hardware. Boynton Beach CRA\Fourth Release\Aimee Jean-Noel WriteUp Page 3 'of 7 Description Qty Bid 5. Rear Hurricane Rated Impact Egress Door With Lite Lot $ /; 7!i~ Remove the existing rear door and jamb, prepare a sufficient door buck, and install a hurricane impact rated pre-hung metal flush door with lite. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prepare new door assembly for painting by washing with TSP and a light sanding. Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F51 and matching dead bolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Note 1: Patch affected area to the average finish of the wall resulting from the removal of existing door and installation of the new door. Note 2: Contractor shall submit Impact Resistant Rated Dade County Product approvals, stamped by the Building Department of jur.isdiction, with this Project's close-out package. Door assembly shall meet Dade County product approval without using interior slide bolts. 6. Window Repair Lot $ I~S Replace defective operators, balances, locks, and broken glass using similar aluminum snap in glazing, clean, and lubricate slides to restore the window to best possible operating condition. Bathroom window glass, when replaced, shall be obscure glass. Location: Bath & Living Rooms 7. Stucco Repair Lot $ /5 () Back Door: Chip away a previous excessive stucco patch at the bottom of the west side of the masonry door return. Apply a bonding agent and stucco the affected area in a sand floated finish to match the surrounding walls' finish. Northwest Corner and Above the Bathroom Window: Remove loose stucco at the concrete beam, apply a bonding agent, and stucco the affected area in a sand floated finish flush to match the surrounding walls' finish. Boynton Beach CRA\Fourth Release\Aimee Jean-Noel WriteUp Page '4 of 7 9. '3 Description Qty Bid 8. Drive Well and Deliver an Irrigation Pump System Lot $ j(JjO Drive a well of sufficient pipe diameter and depth then develop the well system to supply well water to irrigate the property in accordance with health department and departments of jurisdiction. Supply and plumb a 230 volt weather resistant 1 W' HP irrigation pump to operate the irrigation system specified in Line Item 7 in this contract. Fasten the new irrigation pump to 24"X24" concrete pad a minimum of 8" above the surrounding soil grade. The pump shall have a weather resistant plastic cover to protect the electric motor. Contractor shall install new electrical circuitry in conduit to service the irrigation system Weatherproof GFCI Receptacle 1 $ I 7 j Install new circuit and GFCI receptacle with weather proof cover to service a new irrigation timer. 10. Irrigation Timer 1 $ c2 00 Install a new irrigation system timer with a 24 hour, 14 day, Intermatic Auto Sprinkler timer, model T884PV, or pre-approved equal. 11. 1 'l~ Irrigation Control Valve 1 $ t{2{ 0( ..J Place an irrigation control valve with a "4 Zone Indexing Valve" FIMCO model 9254, or pre- approved equal. Plumbing shall include a back flow preventer device. 12. Irrigation System Lot $ 6l. /00 Supply and install a new irrigation system utilizing the domestic water supply as engineered by a certified irrigation professional. Irrigation system shall have plastic pop-up irrigation heads to irrigate the new grass sod and new hedges. The new sprinkler system shall irrigate the front yard ending at the front corner of the side walls and the west side of the driveway, existing tree and shrubs in the front yard. 13. Floritam Grass Sod Lot $ '750 Place a defoliant such as "Round Up" on the existing ground vegetation from the frOn~yard, beginning at the street and ending at the front corner of the side walls ofthe house. Aft r the defoliant has achieved its intended purpose; then strip the ground vegetation, level t e soil and plant f10ritam grass sod in the areas prepared to receive the sod. Contractor shall be responsible to irrigate the sod with the owner's water service, mow, and edge the grass until the project is completed and closed-out. Boynton Beach CRA\Fourth Release\Aimee Jean-Noel WriteUp Page 5 of 7 Description Qty Bid 14. Painting - Exterior Walls and Trim Lot $ /97!r Pressure clean thoroughly with water. Remove caulking from the expansion/contraction cracks in the stucco. Fill all cracks in the stucco with an elastomeric patching sealant "PIN- LOCK" or pre-approved equal. Patch and holes to match average existing finish, and lightly sand ALL WOOD. Contact the assigned rehabilitation inspector and request an inspection (24 hour notice to required) Upon inspector's approval, proceed and apply two (2) coats of elastormeric paint for masonry application, "Behr Elastomeric", or pre-approved equal. Apply one (1) coat of acrylic primer/sealer and two (2) coats of semi-gloss wood grade paint on exterior doors, wrought iron, and wood trim. Primer/sealer and paint shall be of the same manufacturer. Note #1: Paint color choice shall be by owner in accordance with deed restrictions, homeowner's association, and building code of jurisdiction. Paint shall be limited to two colors, Note #2: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Note #3: Contractor shall comply with manufacturer recommended time intervals between coats of paint. Note #4: Contractor shall deliver a smooth full paint coverage over the average substrate finish. Roller and brush marks, runs, orange peels, and other defective paint application shall not be accepted. Note #5: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Contractor shall excavate and extend wall painting a minimum of 6" below grade at masonry wall perimeter Note #6: Contractor shall cover fill cracks in stucco with an elastomeric patching sealant in accordance with manufacturer's recommendations prior to painting two coats of elastomeric paint. The elastomeric patching sealant, "PIN LOCK", shall be finished "SMOOTH" and undetectable. ATTENTION: In addition to settling cracks in the masonry, there are cracks in the stucco/concrete beam above windows where the reinforcing steel has begun to spall. These cracks are to be filled-in with the elastomeric patching sealant and finished "SMOOTH". Total Bid Proposal for Items #1 thru #14: $ /'1 sa5. cJcJ I Boynton Beach CRA\Fourth Release\Aimee Jean-Noel WriteUp Page '6 of 7 ALTERNATE #1 15. Concrete Driveway Approach Lot $ r7, IJ,:-'\ f.~-' / <:1-:) Remove existing excess soil and dispose of properly. Form a concrete driveway approach, compact soil, place 6x6 10/10 wire mesh, pour and finish minimum 6" concrete with thickened edges in accordance with the building code of jurisdiction. NOTE: The dimensions of the "Approach" shall be approved by the Boynton Beach Public Works Department. LOCATION: At the street in front of the existing concrete parking slab, adjacent to the existing concrete driveway approach. ?S" ! L- Bid Proposal for ALTERNATE #1 - Item #15: $ n d r"" 0 (I I II ,J " Boynton Beach CRA\Fourth Release\Aimee Jean-Noel WriteUp Page? of 7 ~ 11~~Y~Te~ eRA . East Side-West Side....Seaside Renaissance 2009/2010 BOYNTON BEACH COMM EVELOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM GUIDELINES The following guidelines are intended to define the extent and scope of the program. The purpose of the program is to assist income eligible property owners with improving various exterior elements of their existing residential property. The goals of the program are to provide grant funding for the improvement of the existing housing stock, allow residents to remain in their properties, and to facilitate and encourage redevelopment activity in the Community Redevelopment Area through neighborhood stabilization efforts. The following guidelines and requirements are applicable to this program: 1. The program is available only for property located within the Community Redevelopment Area. See attached Map. 2. The program is for existing single family detached residential properties. Rental or income properties are eligible if there is no outstanding City or County code enforcement or other liens on the property. Applicant must supply proof of ownership by providing a copy of the recorded warranty deed. 3. The maximum grant amount is $20,000 per residence. Any and all funding not expended under the awarded grant will be released back into the program. Owners of properties that are not owner occupied must provide a dollar for dollar match to the amount of CRA funds provided. Proof of the ability to match CRA funds must be submitted with the application package to be eligible for reimbursement. 4. Owners of rental properties must sign, as part of the application process, an agreement that the Owner covenants not to increase rents on improved units more than 5% for the two year period following completion of the improvements and that breach of the covenant shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. 5. Eligible improvement items under this program include: · Roof repair or replacement. · Roof soffits and fascia repair or replacement. · Exterior Painting; color to be selected and sample signed off by the homeowner. · Hurricane shutters or impact rated windows when determined to be more cost effective by CRA staff. · Exterior Doors; Door materials to be selected from CRA approved list. · Landscaping & Irrigation; limited to the front yard only and a $2,500.00 maximum for landscaping elements. Plant materials to be selected from CRA approved plant list only. · Repair of existing potable water and lateral sewer lines, exterior of the house only. Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Grants:RIPGrant: RIPapplications&guidleines 14. 6. All program eligible improvements to be addressed are subject to CRA staff approval CRA staff may recommend improvements not being requested by the applicant in order to meet City of Boynton Beach building code or to improve the home's appearance on the street. 7. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach and/or Palm Beach County, Applicants shall not have an income greater than 12~O% Palm Beach County median household income relative ~ family size. Applicant(s hall submit most recent year's income tax returns, W-2's~ocial security statements, etc. to verify income. Any person residing in the home over the age of eighteen who is not employed, shall complete a no-income affidavit. The affidavit shall be submitted with the application, A personal net worth/asset form must also be submitted by the property ownerVApplications shall be rejected if the stated amount of available cash exceeds 1.5 times the amount of the program's $20,000 grant limit. All applicants shall submit a~Pleted Insurance Disclaimer Form stating that they have not ieceived any insurance funds to perform work being requested on the grant application. No work to be covered by CRA grant funds may begin prior to the approval of the grant application by the CRA Board and execution of grant agreement. Only applications that are complete including any and all required documentation will be considered for funding. Applicants who fail to provide documentation within four weeks of it being requested by the Agency will have their application rejected and must re- apply. 8. 9. 10. 11. 12. The Residential Improvement Grant program may only be used one time in a five year period for anyone property. Property owners may re-apply for additional grants any time after five years from date of previous grant approval. 13. All applicants that have been awarded grant funding under the program agree to have their home as well as themselves photographed for use by the CRA in various publications including press releases for public media APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE CRA BOARD. I hereby affirm that I have read, understand and accept the above guidelines as set forth under the Boynton Beach Community Redevelopment Agency's Residential Improvement Grant program. Date: /7 ho I09( I ' I r /1 '7/oc} Date: Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Grants:R IPGrant: R IPapplications&guidleines BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM APPLICATION Date: Ii... '7-09- \t\ \(\4f (,~~lilint ~rmatioj D 1 e N net Name/s of Applicantls: 3~\lr-(J~f'iJ ~ I t)\.L Ie /(J?Cfe ~-I'J o.V' Address of Applicant/s: / 1:3 /1/. ~-'. 9 t:N-c 13oo/KJrhn ~r -1' Y-/ CL Address of Property (if rental): Phone Number: g~l) 7 3~ ~ "30/ <l'Y Cell Phone Number: ..LV (J n"t- E-mail: /lI6n-1 Total Annual Household Income $;;"/. 4. 3'7," G 5' 3 How many members in your household? Please list their names, ages and relationship to applicant: Name: f.~ I fJt f e.shCt... m. w::Jyn, t: Age: ~ Relationship: G'Y(J!./)dCt-u-lhu- Name: JO Q.n(\.~ ~~. 't::'iDeJ. Age:.L1..- Relationship: ~dC)U.{ Ih~ ~ Name: JQS:.f;uel,'n-f O/~fYt:;L'1 Age:.teA.. Relationship: GY~f-he""" Name: Age: _ Relationship: Name: Age: _ Relationship: Property Information Property Control Number: f '5 ~<f7 4>0 'Lf) 1-0 l- QQO 0 o -'-13 5: -o1./-~&> -oo~- CDJ 0 Is the Property Homesteade. Yes 12 No_ Do the applicants reside in the property to be improved? Yes -1L No_ If yes, how long have you lived in the home? 1 7 o/~ V"$ ~ Residential Improvement Grant Application Revised October 2009 TDrlve: Programs&Grants:RIPGrantRIPapplications&guidlelnes Is the property a rental? Yes No / If yes, is it currently occupied? Yes _ No..:..-. How many rental units are on the property? ~ Are there code violations on the property? Yes _ No_ What improvements are you requesting to make to the residence? Please list all. CJ ~~o stmrut- \,.:e~S 0Yl1fMh ~J-Jlt".ctl~M) CERTIFICATION AND WAIVER OF PRIVACY: The applicant(s) certifies 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 Residential Improvement Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. COVENANT AND AGREEMENT TO REPAY GRANT (Rental Properties Only) Owner covenants and agrees that they will not to increase rents on improved units more than 5% for the two year period following completion of the improvements and that breach of this covenant and agreement shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. Pont Na'7; Date: /1 2/) JoG( , . Print Name: Date: I \ I (7 /t~ fU~A~ Signature Residential Improvement Grant Application Revised October 2009 TDrive:Prog rams&Grants:RIPGrant: RIPapplications&guidleines APPLICATION PROCESS FOR RESIDENTIAL IMPROVEMENT GRANT PROGRAM 1. An applicant seeking a grant may secure an application from the Boynton Beach Community Redevelopment Agency, located at: 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 Office hours Monday - Friday 8:30 AM to 5:00 PM. 2. Applicant shall obtain, read, and understand all aspects of the Residential Improvement Grant Program and execute the Grant Agreement. One original application and unbound copies of all materials ar~ be submitted to CRA staff and date stamped to document receipt by the CRA staff.V ... 3. 4. Upon receiving all required application documents, CRA staff will determine program eligibility. Once determined, staff will notify the applicant and prepare an itemized project specification write-up for contractor bidding. Only program approved contractors may bid on the grant funded project. After the bid process is completed, CRA staff will present the applicant and the corresponding bid to the CRA Board for their final approval and grant award. CRA funds will be paid directly to the contractor(s) providing the improvements upon / completion of work. Verification and approval of completed work shall be conducted by CRA staff or designee. Any and all building code required permit inspections shall be conducted by the City of Boynton Beach Building Department. / ~~~~rtP Applicant(s) shall not have an outstanding City of Boynton Beach or any othe(lie~ '-'~ 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 lien is satisfied. However, CRA funds may be used to correct code violations on owner occupied properties solely at the discretion of the CRA. 5. 6. 7. All applicanUs shall submit a net w9J1h statement for all owners and a list of all properties owned by all applicantlf.' All applicants shall submit a complete~surance Disclaimer Form stating that they have not received any insurance funds to perform work being requested on the grant application. 8. 9. All applicants that have been awarded grant funding under the program agree to have their home as well as themselves photographed for use by the CRA in various publications including press releases for public media. Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Grants:RIPGrant:RIPappllcalions&guldleines "";;*~i:.'iLlhlli!iiM~~i"-~""" ~ '1Xf1!..... '~~'T-~"'""" ~'"'.;'". "'1--.... .~_:"~'!,.m...'...........~' ,~~'. 'v"""~"I~'--""~-~""*~~,:,<~""~"-~r '1' ,-' ."'.......~~".t!.t'/d{;fJ7;'~,,;.~'l"...'.nJtU;r~."-~i~~:~W!,.,iII./,'i3iIJ~;" VI. CONSENT AGENDA: G. Approval of Funding up to $20,000 from the Residential Improvement Program to Homero and Filomena Resendez ~~~<tY~T2~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 13, 2010 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding up to $20,000 from the Residential Improvement Grant (RIP) Program for Romero and Filamena Resendez whose property is located at 308 NE 12th Avenue, Boynton Beach, FL. SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as part of the ROB Work Program. The goal of the program is to assist very low, low and moderate income eligible homeowners and landlords in the Heart of Boynton with the rehabilitation and hardening of the exterior of their homes. Eligible rehabilitation items under current program guidelines include roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard landscaping and irrigation. To date, the CRA has completed 27 grants totaling $429,394.00. The RIP grant application for Romero and Filamena Resendez, as submitted and reviewed, meets the income and property eligibility criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. On March 2, 2010, an invitation to bid was issued to the CRA Board approved list of RIP program contractors. After review of the contractor bid proposals submitted on March 25, 2010, Grace Construction, Inc. was the contractor selected to perform the program eligible rehabilitation items (see attached) based on lowest responsible bid criteria. FISCAL IMPACT: Up to $20,000 from the Residential Improvement Grant Program: Project Fund, Line Item 02-58200-406. CRA PLAN, PROGRAM OR PROJECT: Residential Improvement Grant (RIP) Program RECOMMENDATIONS: Approval of up to $20,000 from the Residential Improvement Grant (RIP) Program for Romero and Filamena Resendez whose property is located at 308 NE 12th Avenue, 7It:.ll Beac~ F~ C ild&- ~ eresa Utterback Administrative Services Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Resendez RIP.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: Property Address: 308 NE 12lh. Avenue, Boynton Beach, FI. 33435 I I Contact Person: Homero & Filamena Resendez I Contact Phone: (561) 436 ~ Q91oS" Buildina Description: Number Bedrooms: I 3 I Number of bathrooms: I 1 Property Control Number: 08 43 45 21 20 009 0111 Construction Consultant David Schwarz (561) 358 0583 CONTRACTOR SID INFORMATION Bid submitted by: JD DULANY Signature: X Total contractor bid for work requested: $ 6,245.00 The proposed work shall be completed within -2.lL. working days. Client: Address: Boynton Beach Communit Rec!evelopment 915 So. Federal H 80 nton Beach FI. 33435 This Rehabilitation Soeclflcatlons Work Write UP shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and ProIect Close-Out: The contractor shall submit to the Boynton Beach Redevelopment Corporation with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Boynton Beach CRA\Release4\Resenclez\Wrlte-Up Revised 2-23-10.wpd Page 1 of 3 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABilITATION SPECIFICATIONS . Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following -.:L line items: Description Qty IBid Amount 1. Drive Well and Deliver an Irrigation Pump System lot $ 1,995.00 Drive a well of sufficient pipe diameter and depth then develop the well system to supply well water to irrigate the property in accordance with health department and departments of jurisdiction. Supply and plumb a 230 volt weather resistant 1 W' HP irrigation pump to operate the irrigation system specified in Line Item 7 in this contract. Fasten the new irrigation pump to 24"X24" concrete pad a minimum of 8" above the surrounding soil grade. The pump shall have a weather resistant plastic cover to protect the electric motor. Contractor shall install new electrical circuitry in conduit to service the irrigation system. 2. Weatherproof GfCllReceptac!e 1 $ 200.00 Install new circuit and GFCI receptacle with weather proof cover to service a new irrigation timer. 3. Irrigation Timer 1 $ 290.00 Install a new irrigation system timer with a 24 hour, 14 day, Intermatic Auto Sprinkler timer, model T884PV, or pre-approved equal. 4. Irrigation Control Valve 1 $ 210.00 Replace the irrigation control valve to match existing pipe size with "4 Zone Indexing Valve" FIMCO model 9254, or pre-approved equal. Plumbing shall include a back flow preventer device. Boynton Beach CRA\Release 4\Resendez\Wrlte-Up Revised 2-23-10.wpd Page 2.of 3 lDescll'!ptfiO!i1l ow Bnd Amcnmft 5. ftrrigation System loa $ 1,650.00 Supply and install a new irrigation system. utilizing the new irrigation well/pump system water supply, as engineered by a certified irrigation professional. Irrigation system shall have plastic pop-up irrigation heads to irrigate the new grass sod. The new irrigation system shall irrigate the front yard, and the east side yard to the back (Southeast) corner of the house. The irrigation system on the west side of the house shall service the west side of the house to the west property line then it shall extend to the rear property line along the plane of the west wall of the house, and the west side yard ending at the back (Southwest) comer of the house. 6. Cocoplum Hedges lot $ 450.00 Prepare hedge area by stripping and removing the existing vegetation. Excavate for individual plants, mix organic planting soil into surrounding soil of the excavation. and place 24" tall cocoplum hedge plants 18" o.c. in the middle of a 36" wide planting strip. location: The planting shall begin at the back (Southwest) comer of the house and extend south in a straight line along the plane of the west wall of the house to the rear property line. 1. florutam Grass Sod lLo~ $ 1.450.00 Place a defoliant such as "Round Up" on the existing ground vegetation from at the locations on where the Floritam grass sod shall be laid. After the defoliant has achieved its intended purpose; then strip the ground vegetation, level the soli and lay f10ritam grass sod in the areas prepared to receive the sod. Contractor shall be responsible to irrigate the sod with the owner's water service. mow, and edge the grass until the project is completed and closed-out locations: The Floritam grass sod shall be laid in the front yard, and the east side yard to the back (Southeast) corner of the house. Additionally, the Floritam grass sod shall be laid on the west side of the house to the west property lime and extend south along the plane of the west wall of the house to the rear property line. Total Bid Proposal: $ 6.245.00 Boynton Beach CRA\Release 4\Resendez\Wrlte-Up Revised 2-23-10.wpd Page 3 .of 3 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM APPLICATION On.~ o1s Date: 1/ 1({/1 I JAN 2 2 iota Address of Property (if rental): Applicant Information Name/s of Applicantls: fi IOV1Aa.IA f}r ~ H 0 V'lN vv !2.e-c;~"'2- Address of Applicantls: ,o~ N~ I'd*- AVL. (>t'l VW- ') Phone Number: NIp.. . ~ M ~ Cell Phone NumbeF' I 'f~) J s::. t;7o I 4z,(" - 'lo..ce S- ~ $(" I ie'fJJ~ rtIt:J .~ ~l v,~~ E-mail: Total Annual Household Income $ cJ'2, 0 ~(.. How many members in your household? .In Please list their names, ages and relationship to applicant: Name: /JJ~ ~2. Age: I~ Relationship: Name: 7- Age: ~ Relationship: Name: 1.kJ : 0\ ~<; twl.P.. Z Age:.JL Relationship: Name: l:101.VLOc; f6..c;~7. Age: ~ Relationship: ~ CO'\r- Jv-,^U~ 5o~. Name: Age: _ Relationship: Property Information Property Control Number: C ~ Lts '15" ~f ;)-6 00'1 0-1 I Is the Property Homesteaded? Yes /' No_ Do the applicants reside in the property to be improved? Yes /No If yes, how long have you lived in the home? <g1~' Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Granls:RIPGranI:RIPapplications&guidleines Is the property a rental? Yes NO/' If yes, is it currently occupied? Yes _ No _ How many rental units are on the property? Are there code violations on the property? Yes _ No ~ What improvements are you requesting to make to the residence? Please list all. m J- r V' "'V\ I vv\:r~-bw-.- 9-1 Jr VIA 8.J IN w oJ. --F ( CERTIFICATION AND WAIVER OF PRIVACY: The applicant(s) certifies 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 Residential Improvement Program, and it is true and complete to the best of the applicant(s) knowlecjge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. COVENANT AND AGREEMENT TO REPAY GRANT (Rental Properties Only) Owner covenants and agrees that they will not to increase rents on improved units more than 5% for the two year period following completion of the improvements and that breach of this covenant and agreement shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. H t)yY\eru Res, e'tolez.. Print Name: Date: () f /0 c; /I~ ~----&r d h lornentfi- fes. e rlde 2 Print Name: DatePYo [I / /1J Residential Improvement Grant Application Revised October 2009 TDrive: Programs&Granls:RIPGranl: R IPapplicalions&guidleines II~q~e~ eRA . East Side ""West Side-Seaside Renaissance 200912010 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM GUIDELINES The following guidelines are intended to define the extent and scope of the program. The purpose of the program is to assist income eligible property owners with improving various exterior elements of their existing residential property. The goals of the program are to provide grant funding for the improvement of the existing housing stock, allow residents to remain in their properties, and to facilitate and encourage redevelopment activity in the Community Redevelopment Area through neighborhood stabilization efforts. The following gUidelines and requirements are applicable to this program: 1. The program is available only for property located within the Community Redevelopment Area. See attached Map. 2. The program is for existing single family detached residential properties. Rental or income properties are eligible jf there is no outstanding City or County code enforcement or other liens on the property. Applicant must supply proof of ownership by providing a copy of the recorded warranty deed. 3. The maximum grant amount is $20,000 per residence. Any and all funding not expended under the awarded grant will be released back into the program. Owners of properties that are not owner occupied must provide a dollar for dollar match to the amount of CRA funds provided. Proof of the ability to match CRA funds must be submitted with the application package to be eligible for reimbursement. 4. Owners of rental properties must sign, as part of the application process, an agreement that the Owner covenants not to increase rents on improved units more than 5% for the two year period following completion of the improvements and that breach of the covenant shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. 5. Eligible improvement items under this program include: · Roof repair or replacement. · Roof soffits and fascia repair or replacement. · Exterior Painting; color to be selected and sample signed off by the homeowner. · Hurricane shutters or impact rated windows when determined to be more cost effective by eRA staff. · Exterior Doors; Door materials to be selected from CRA approved list. · Landscaping & Irrigation; limited to the front yard only and a $2,500.00 maximum for landscaping elements. Plant materials to be selected from CRA approved plant list only. · Repair of eXisting potable water and lateral sewer lines, exterior of the house only. Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Grants:RIPGrantRIPapplicatlons&guldleines 6. All program eligible improvements to be addressed are subject to CRA staff approval. CRA staff may recommend improvements not being requested by the applicant in order to meet City of Boynton Beach building code or to improve the home's appearance on the street. 7. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach and/or Palm Beach County. 8. Applicants shall not have an income greater than 120% of Palm Beach County median household income relative to family size. Applicant(s) shall submit most recent year's income tax returns, W-2's, social security statements, etc. to verify income. Any person residing in the home over the age of eighteen who is not employed, shall complete a no-income affidavit. The affidavit shall be submitted with the application. A personal net worth/asset form must also be submitted by the property owner. Applications shall be rejected if the stated amount of available cash exceeds 1.5 times the amount of the program's $20,000 grant limit. 9. All applicants shall submit a completed Insurance Disclaimer Form stating that they have not received any insurance funds to perform work being requested on the grant application. 10. No work to be covered by CRA grant funds may begin prior to the approval of the grant application by the CRA Board and execution of grant agreement. 11. Only applications that are complete including any and all required documentation will be considered for funding. Applicants who fail to provide documentation within four weeks of it being requested by the Agency will have their application rejected and must re- apply. 12. The Residential Improvement Grant program may only be used one time in a five year period for anyone property. Property owners may re-apply for additional grants any time after five years from date of previous grant approval. 13. All applicants that have been awarded grant funding under the program agree to have their home as well as themselves photographed for use by the CRA in various publications including press releases for public media 14. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE CRA BOARD. I hereby affirm that I have read, understand and accept the above guidelines as set forth under the Boynton Beach Community Redevelopment Agency's Residential Improvement Grant program. Date: -3 - / - J U Date: ,3-/ - f 0 Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Grants:RIPGrant:RIPappllcatlons&guldleines f__'~'-I """"->I;;>'~-""'''''''''''''''I~'7''n;_4' r~ T" ~'" 1/'"""-"'_c""""v...P... ~,--~, '-~ ........JI~"~..-......~~'ll'lr.'t' .....,.,-n..,-,,"..11~MF1;llf.'i;>~u..V... ..;.o;"';';""""~-~"l"-"'>'1f 811........<..+0...,' ..,,~fii~-~~I~l/<'1..,;.J~"" VI. CONSENT AGENDA: H. Approval of Funding up to $20,000 from the Residential Improvement Program to Lessie Sherman ~~~<tY~T2~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 13, 2010 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding up to $20,000 from the Residential Improvement Grant (RIP) Program for Lessie Sherman whose property is located at 612 NW 15t Street, Boynton Beach, FL. SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as part of the HOB Work Program. The goal of the program is to assist very low, low and moderate income eligible homeowners and landlords in the Heart of Boynton with the rehabilitation and hardening of the exterior of their homes. Eligible rehabilitation items under current program guidelines include roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard landscaping and irrigation. To date, the CRA has completed 27 grants totaling $429,394.00. The RIP grant application for Lessie Sherman, as submitted and reviewed, meets the income and property eligibility criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. On March 2, 2010, an invitation to bid was issued to the CRA Board approved list of RIP program contractors. After review of the contractor bid proposals submitted on March 25, 2010, Grace Construction, Inc. was the contractor selected to perform the program eligible rehabilitation items (see attached) based on lowest responsible bid criteria. FISCAL IMPACT: Up to $20,000 from the Residential Improvement Grant Program: Project Fund, Line Item 02-58200-406. CRA PLAN, PROGRAM OR PROJECT: Residential Improvement Grant (RIP) Program RECOMMENDATIONS: Approval of up to $20,000 from the Residential Improvement Grant (RIP) Program for Les . e Sherman whose property is located at 612 NW 15t Street, Boynton Beach, FL. heresa Utterback Administrative Services Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Sherman RIP.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: Pro ert Address: ~W 1st, Street Bo nton Beach FI. 33435 Contact Person: Lessie Sherman Contact Phone: (561 251 5360 Buildin Descri tion: Number of bedrooms: 2 Number of bathrooms: 1 Property Control Number: 08 43 45 21 07 002 1250 CONTRACTOR BID INFORMATION Bid submitted by: .m DULANY Signature: X Total contractor bid for work requested: $ 15,040.00 The proposed work shall be completed within -2L working days. Client: Address: This Rehabilitation Specifications Work Write UD shall be submitted in its entirety, with the pennit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach Redevelopment Corporation with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. Boynton Beach CRA\ Fourth Release\Sherman Wrlte-Up.wpd Page 1 9f 5 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RIEHABlliT ATION SPECifiCATIONS Contractors shall provide all labo~, material, equipment, and permits required by the building department of jurisdiction to perform the following -14- line items: Description Qty Bid Amount 1. Replace Gable Siding lot $ 300.00 Remove gable siding at the back end of the roof over the laundry room. Replace siding with T-111 cementitious siding. 2. low Slope Cap Sheet - Roof NE Frame Addition lot $ 2,500.00 Remove entire low slope roof covering on the northeast frame addition. Replace damaged sheathing, repair/replace damaged rafters and related roof components. The contractor shall include in his bid the potential of replacing deteriorated sheathing up to 10% of the roof area. Sheathing damage in excess of 10% and severe rafter/truss top chords damage shall be addressed in a change order. Prepare existing roof sheathing and nailing per building code.- Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2007Florida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Flash 22 gauge galvanized steel flashing into the two (2) contiguous gables. Install a 4 ply built up roof system consisting of 75# fiberglass base sheet, 3 plys of hot mopped fiberglass finishing with a hot mopped mineral surfaced modified fiberglass cap sheet. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system, inCluding transition into a separate roof not included in this scope of work, shall conform to building code of jurisdiction. Note 1: Contractor shall submit an affidavit to Boynton Beach Community Redevelopment Agency to the affecUhatthe sheathing/decking nail fastening specification described in this line item has been met. Note 2: Contractor shall replace deteriorated portions of existing 1 "x 2" build-out for the drip edge at the top of fascia. If no 1 "x 2" exists at the top of the fascia, the contractor shall install all new 1")( 2" primed and painted to match existing fascia color. Note 3: The metal drip edge shall be a minimum 3")( 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub-fascia. No fasteners shall penetrate into the fascia or 1x2 wood drip edge nailer. Note 4: Owner shall have choice of color. ATTENTION: Flash 22 gauge galvanized steel flashing into the two (2) contiguous gables. Boynton Beach CRA\ Fourth Release\Sherman Wrlte-Up.wpd Page_~ of 5 Description a~~f iBid AmoLDn~ 3. Replace T-111 Siding All $ 780.00 Remove and replace "ALL T-111 Plvwood" siding and associated deteriorated wall framing on the exterior of the frame addition of the NE. corner of the house. Replace siding with cementitious T-111 siding. Where wall siding lengths exceed 8' 0", place "Z" metal and caulking to seal joints of cementitious siding panels. Note: Reinstall Hurricane Shutter Track Hardware 4. Soffit Replacement lot $ 200.00 Replace deteriorated soffit. A minimum 6 feet must be, maintained between joints or corners which shall be mitered. Fill all nail holes in all affected wood. seal with caulking the seams of joints of wood where they meet the soffit and prepare for paint. location: Back of house at the electrical riser mast. 5. Impact Resistant Exterior Doors 4. $ 2,000.00 Remove the existing doors and jambs. prepare sufficient door bucks. and install a hurricane impact resistant rated pre-hung metal clad six (6) panel doors. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prepare new door assembly for painting by washing with TSP and a light sanding. Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the lockset. peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Note 1: Door oaint color choice shall be bv owner in accordance with deed restrlctions. homeowner's association. and buildina code of lurisdiction. Contractor shall co moly with manufacturer recommended time intervals betwe'en coats of oaln! and shall deliver a smooth full oain. coveraae. Roller and brush marks. runs. oranae Deels. and other defective oain. aoplication shall not be acceDted. Note 2: Touch-up paint affected finishes resulting from the replacement of the door(s) to match existing as close as possible. Inspector shall be responsible for determining if the touch-up paint matches as close as possible. Note 3: Contractor shall submit Impact Resistant Rated Dade County or Florida Building Code NONs. stamped by the Building Department of jurisdiction, with this Project's close- out package. locations: All Four (4) Exterior Doors 6. Replace Stem Wall Screen lot $ 25.00 Remove existing stem wall crawl space ventilation screen. Fasten the copper pipe servicing the hose bid. Replace with new frame constructed of 1 X3 pressure treated wood framina and covered with brass insect screen material. Fasten to stem wall with screws appropriate for the exterior wall construction. !Location: Back of house adjacent to the back door. Boynton Beach eRA\ Fourth Release\Sherman Wrile-Up.wpd Page 3,of 5 Description Qty Bid Amount 7. Hand Railings 2 $ 650.00 Construct galvanized steel hand rails assemblies to accommodate the stair steps at the front door and also at the front screen door. The hand rails shall be constructed in accordance with the building code and in a style similar to the existing hand railing at the stair steps at the kitchen steps into the store room. The railing posts shall be fastened by core boring into the existing concrete and secured with non-shrink grout. Wall fastening shall be with lag bolts. 8. Painting - .Exterior Walls and Trim lot $ 2,800.00 Pressure clean thoroughly with water. Remove caulking from the expansion/contraction cracks in the stucco. Fill all cracks in the stucco with an elastomeric patching sealant "PIN-LOCK" or pre-approved equal. Patch and holes to match average existing finish, and lightly sand ALL WOOD. Contact the assigned rehabilitation Inspector and request an inspection (24 hour notice to required) Upon inspector's approval, proceed and apply two (2) coats of elastormeric paint for masonry application, "Behr Elastomerlc", or pre- approved equal. Apply one (1) coat of acrylic primer/sealer and two (2) coats 01 semi- gloss wood grade paint on exterior doors, wrought iron, and wood trim. Primer/sealer and paint shall be of the same manufacturer. Note #1: Paint color choice shall be. by owner in accordance with deed restrictions, homeowner's association, and building code of jurisdiction. Paint shall be limited to two colors. Note #2: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Note #3: Contractor shall comply with manufacturer recommended time intervals between coats of paint. Note #4: Contractor shall deliver a smooth full paint coverage over the average substrate finish. Roller and brush marks, runs, orange peels, and other defective paint application shall not be accepted. Note #5: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Contractor shall excavate and extend wall painting a minimum of 6" below grade at masonry wall perimeter Note #6: Contractor shall cover fill cracks in stucco with an elastomeric patching sealant in accordance with manufacturer's recommendations prior to painting two coats of elastomeric paint. Note#?: Contractor shall seal joints between fascia, soffit, and exterior walls with caulking prior to painting. ATTENTION: While pressure cleaning the soffit, fascia, and particularly the 1 X2 wood drip edge extension, the contractor shall use care to avoid damaging the soft wood. Boynton Beach CRA\ Fourth Release\Sherman Wrlte-Up.wpd Page 4 .of 5 Description Qfty Bid AmolDn~ 9. Drive Well and Deliver an Irrigation Pump System loft $ 1,995.00 Drive a well of sufficient pipe diameter and depth then develop the well system to supply well water to irrigate the property in accordance with health department and departments of jurisdiction. Supply and plumb a 230 volt weather resistant 1 W' HP irrigation pump to operate the irrigation system specified in Line Item 7 in this contract. Fasten the new irrigation pump to 24"X24" concrete pad a minimum of 8" above the surrounding soil grade. The pump shall have a weather resistant plastic cover to protect the electric motor. Contractor shall install new electrical circuitry in conduit to service the irrigation system 10. Weatherproof GFCI ReceptaCle 1 $ 200.00 Install new circuit and GFCl receptacle with weather proof cover to service a new irrigation timer. 11. Irrigation Timer 1 $ 290.00 Install a new irrigation system timer with a 24 hour, 14 day, Intermatic Auto Sprinkler timer, model T884PV, or pre-approved equal. 12. Irrigation Control Valve 1 $ 210.00 Place an irrigation control valve with a "4 Zone Indexing Valve" FIMCO model 9254, or pre- approved equal. Plumbing shall include a back flow preventer device. 13. . ~rrigatlon System loft $ 1,640.00 Supply and install a new irrigation system utilizing the domestic water supply as engineered by a certified irrigation professional. Irrigation system shall have plastic pop-up irrigation heads to irrigate the new grass sod and new hedges. The new sprinkler system shall irrigate the front and side yards ending at the bacl< comer of the side walls and the side of the driveway, existing tree and shrubs in the front yard. 14. florltam Grass Sod lot $ 1,450.00 Place a defoliant such as "Round Up" on the existing ground vegetation from the front yard. beginning at the street and ending at the front corner of the side walls of the house. After the defoliant has achieved its intended purpose; then strip the ground vegetation, level the soil and plant floritam grass sod in the areas prepared to receive the sod. Contractor shall be responsible to irrigate the sod with the owner's water service, mow, and edge the grass until the project is completed and closed-out. Totsl Bid ProposeD: $ 15,040.00 Boynton Beach CRA\ Fourth Release\Sherman Wrlte-Up.wpd Page.E! of 5 Ii. ,~l- ' J / \\..~ .':~ t' ." \ ( .' '1 ~J~~Y~Te~,CRA iI East Side....West Side....Seaside Renaissance 2008/2009 BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA RESIDENTIAL IMPROVEMENT GRANT PROGRAM GUIDELINES , ~~ I " I: i( ~ ( "~: ',) "\ ~uJ~. v~ The following guidelines are intended to define the extent and scope of the program. The purpose of the program is to assist property owners with the improvement of their existing residential property. The goals of the program are to stabilize the community, allow residents to remain in their properties, bring properties up to current building code, improve and upgrade the appearance of the area, and facilitate and encourage redevelopment activity in the Community Redevelopment Area. The following guidelines and reql!jr~ments are applicable to this pr~gram: 1. The program is available only for property located within the Community Redevelopment Area. See attached Map. 2. The program is for existing single family detached residential properties. Rental or ilicome properties are eligible if there is no outstanding City or County code enforcement or other liens on the property. Applicant must supply proof of ownership by providing a copy of the recorded warranty deed. 3. The maximum grant amount is $20,000 per residence. Owners of properties that are not owner occupied must provide a dollar for dollar match to the amount of CRA funds provided. Proof of the ability to match CRA funds must be submitted with the application package to be eligible for reimbursement. 4. Owners of rental properties must sign, as part of the application process, an agreement that the Owner covenants not to increase rents on improved units more than 5% for the two year period following completion of the improvements and that breach of the covenant shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. 5. Eligible improvements for this program include: · Roof repair or replacement · Exterior Painting; color to be selected and sample signed off by the homeowner · Hurricane shutters " · Exterior Doors; Door materials to selected from eRA approved list · Landscaping & Irrigation; limited the front yard only and a $2;500.00 maximum for both elements. Plant materials to be selected from CRA approved plant list only. 6. All improvements are subject to CRA staff approval. CRA staff may recommend improvements not being requested by the applicant in order to meet City of Boynton Boynton Beach Community Redevelopment Agency Residential Improvement Grant Application Revised October 2008 Paqe 2 Beach building code or to improve the home's appearance on the street 7. All work must be In compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach and/or Palm Beach County. 8. Applicants shall not have an income greater than 120% of Palm Beach County median household income relative to family size. Applicant shall submit income tax returns, W- 2's, etc. to verify income. Any person residing in the home over the age of eighteen who do not have income, shall complete a no-income affidavit. The affidavit shall be submitted with the application. A personal net worth/asset form will also be required to be submitted. Applications shall be rejected if the stated amount of cash exceeds 1.5 times the amount of the program's $20,000 grant limit. 9. All applicants shall submit a completed Insurance Disclaimer Form stating that they have not received any insurance funds to perform work being requested on the grant application. 11. No work to be covered by eRA grant funds may begin prior to the approval of the grant application by the CRA Board and execution of grant agreement. 12. Only applications that are complete including any and all required documentation will be considered for funding. Applicants who fail to provide documentation within four weeks of it being requested by the Agency will have their application rejected and must re- apply. 13. Any and all funding not expended under the awarded grant will be released back into the program. l4. The Residential Improvement Grant program may only be used one time in a five year period for anyone property. Property owners may re-apply for additional grants any time after five years from date of previous grant approval. 15. All applicants awarded grant funding and receive improvements under the program agree to have their home as well as themselves photographed for use by the CRA in various publications including press releases for public media 16. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE eRA BOARD. I hereby affirm that I have read, understand and accept the above guidelines as set forth under the Boynton Beach Community Redevelopment Agency's Residential Improvement Grant program. Applicant Signature: ~%;e- 5h< .vn}ct rJ Date: 1/ ;9/0 C} , Applicant Signature: ~-fb^ 1 ~ (\l/\.rCr Date:~/oCf Boynton Beach Community Redevelopment Agency Residentiallmprovemenl Grant Application Revised October 2008 BOYNTON BEAlr.1 COMMUNITY REDEVELOpih".:NT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM APPLICATION Date:l-t/ t~J r;,'Z Applicant Information . .. Name/s of Applicant/s: l"<f>....8F> i: +' -~ 7 ~"^'1 ~&MtqV' Address of Applicantls: ---- {., ( f -A.Jw.6F- &I/L€e~ Address of Property (if rental): Phone Number: l~' - 20/-4 Oc$fc:C> .".... "\I/. ,- Cell Phone Number: 0601".' 2:)) -D 3'-'b t t f" E-mail: ~ C, Y 0,- e, V"'(O'l Yfl'n(~. G<J1J'fl Total Household Income (must be verified with income tax returns) $ How many members In your household? ~/'; €.) My 11 & ';'t..Nl.., ~ Please list their names, ages and relationship to applicant: Name: I/~~r t{Jj~.A.PYJDJ1 Age: LjE1 Relationship: w& ftteA-- Name: .. 111( cjSe.1 (J Age: ~- Relationsh ip: ..::-~_..-._.~....... ...._.__._-~. Name: Age: L Relationship: _....-/ L Age: Relationship: Age: --- Relationship: " Name: .::--- .?-- Name: ~ G.f~ J Property Information I? - , l'ld.: -ru:if $(7' _ St.t.€..6 ot....r&:...... ,,0'''-- Property Control Number: ~ f Li-3l ~ts J -z. I I c> ~ f b brZ./ 1'2. S f5) Is the Property Homesteaded? Yes ./,~,b....,' _. J. 1 1i.J., ~.!! Do the applicants reside in the property to be improved? Yes ~ No_ If yes, how long have you lived In the home? ~- /2 ~ J M Boynton Beach Community Redevelopment Agency ResidentIal Improvement Grant Application Revised October 2008 Is the property a rental? es No ~" If yes, is it currently occupied? Yes _ No _ How many rental units are on the property? Are there code violations on the property? Yes _ No ~ lle,cLtly} b-(;.I>'I....,f It ~<b '-<..--:; What improvements are you requesting to make to the residence? Please list all. v~fJ ~ , , ". " ",' ~ OoVle,"~"~ -~ erli-if - lce..--ts t. ~ ~- ~€.- CERTIFICATION AND WAIVER OF PRIVACY: ~~~-~. &,.n e,~tJ-AoI"'L 11/s~ The applicant(s) certify that all information presented in this application, and all of the ... . ',' t; information furnished in support of the application, is given for the purpose of obtaining a grant vte.ro ~ej j under the Boynton Beach Community Redevelopment Agency Residential Improvement. .', Program, and it is true and complete to the best of the applicant(s) knowledge and beiief. The WI'p.. It rC applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine G" , '"1 ~ and/or imprisonment for making false statements or presenting false information. '~"d.< t~ ~tIi I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency Housing Assistance Program, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. COVENANT AND AGREEMENT TO REPAY GRANT (Rental Properties Only) Owner covenants and agrees that will not to Increase rents on improved units more than 5% for the two year period following completion of the Improvements and that breach of this covenant and agreement shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. Applicant: ,~ A<J....'a.. :Jj'1 UYlrr>o./) Signature J-R-~Si 8-5hen11~1 Print Name: Date: /-/9-09 ~ ^ O,'Le/f-jf/7(Y /1 Ap plica n 1: "'" """ """"- y ~ J.~ ~ :. . 'g~/ . - .. Ignatu~ ~ I (]kI../MCtr? Print Nam . Date: 1/1~1 0 <] 'S Boynton Beach Community Redevelopment Agency Residential Improvement Grant Application Revised October 2008 Is the property a rental? Yes No If yes, is it currently occupied? Yes _ No_ How many rental units are on the property? Are there code violations on the property? Yes _ No What improvements are you requesting to make to the residence? Please list all. CERTIFICATION AND WAIVER OF PRIVACY: The applicant(s) certifies 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 Residential. Improvement Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. COVENANT AND AGREEMENT TO REPAY GRANT (Rental Properties Only) Owner covenants and agrees that they will not to increase rents on improved units more than 5% for the two year period following completion of the improvements and that breach of this covenant and agreement shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. Date: t rl / tt{) I O.q I / Applicant: ~ r ~ c..d'~ Ca" I. \..1"\ ....\.-r- Signature CH-fJRL&3 8tClJt1JT Print Name: Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Grants :RIPGrantRIPapplications&guidleines ..t",,",~'~3ri'l.'_~1.IllI"-"""""""''""''-~ItIillu..'W""6'''''''''''''''''' rV ~kf- ,...... ......,"'l11""-~".'17.~u-~....~~--;.~"r1'..~~'il\i~,~~~~\\.';o;'....:d~v.~-",~''''-~~il:'r'''''.,;~:',.;;~r~~~....~,..-ti'~t,'''''J..;i'~: VI. CONSENT AGENDA: I. Approval of Funding up to $20,000 from the Residential Improvement Program to Shari Tellman ~~~~Y~T2~ eRA Ii East Side-West S'lde-Seaside Rena'lssance eRA BOARD MEETING OF: April 13, 2010 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding up to $20,000 from the Residential Improvement Grant (RIP) Program for Shari Tellman whose property is located at 1008 SE 3rd Street, Boynton Beach, FL. SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as part of the HOB Work Program. The goal of the program is to assist very low, low and moderate income eligible homeowners and landlords in the Heart of Boynton with the rehabilitation and hardening of the exterior of their homes. Eligible rehabilitation items under current program guidelines include roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard landscaping and irrigation. To date, the CRA has completed 27 grants totaling $429,394.00. The RIP grant application for Shari Tellman, as submitted and reviewed, meets the income and property eligibility criteria set forth in the approved program guidelines and therefore does not require a wavier of any kind. On March 2, 2010, an invitation to bid was issued to the CRA Board approved list of RIP program contractors. After review of the contractor bid proposals submitted on March 25,2010, Glades Roofing, Inc. was the contractor selected to perform the program eligible rehabilitation items (see attached) based on lowest responsible bid criteria. FISCAL IMPACT: Up to $20,000 from the Residential Improvement Grant Program: Project Fund, Line Item 02-58300-420. CRA PLAN, PROGRAM OR PROJECT: Residential Improvement Grant (RIP) Program RECOMMENDATIONS: Approval of up to $20,000 from the Residential Improvement Grant ~:r ~operty is located at 1008 SE 3"' Street, Boynton Beach, FL. Theresa Utterback Administrative Services Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Tellman RIP.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMA liON: Property Address: 1008 SE 3rd. Street Boynton Beach, FI. 33435 Contact Person: Shari Tellman Contact Phone: (561) 271 4096 Building Description: Number of bedrooms: I 2 I Number of bathrooms: I 1 Property Control Number: 0843 45 28 23 002 0180 CONTRACTOR BID INFORMATION Total contractor bid for work requested: $ ~ ${.::2bLD Bid submitted by: G:uwes i1D"D&~(,1 0-'- Signature: X Q-rtu. LO~ The proposed work shall be completed within 60 working days. Client: Address: Boynton Beach Community Redevelopment Agency I Date: /10/27/09 915 So. Federal Hwy, Boynton Beach, FI. 33435 This Rehabilitation Specifications Work Write Up shall be submitted in its entirety, with the permit application. It shall fully; disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach Redevelopment Corporation with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. Tellman\Write-Up Revised 11 0909 Page 1 of 5 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILITATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following ---1L line items: Description Qty Bid Amount 1. Impact Resistant Front Door - SPECIAL SIZE 01 $ ro Lf"1- Remove the existing front door and jamb, prepare a sufficient door buck, and install a hurricane impact resistant rated pre-hung metal clad six (6) panel door. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prepare new door "assembly for painting by washing with TSP and a light sanding then apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic semi-gloss paint to match existing finishes. ' Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F51 and matching deadbolt or approved equal, dead bolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Note 1: Door paint color choice shall be bv owner in accordance with deed restrictions. homeowner's association. and buildino code of iurisdiction. Contractor shall comolv with manufacturer recommended time intervals between coats of paint and shall deliver a smooth full paint coveraoe. Roller and ,brush marks. runs. crance peels. and other defective oaint application shall not be acceDted. Note 2: Touch-up paint affected finishes resulting from the replacement of the door(s). to match existing as close as possible. Inspector shall be responsible for determining if the touch-up paint matches as close as possible. Note 3: Contractor shall submit Impact Resistant Rated Dade County or Florida Building Code NOA's, stamped by the Building Department of jurisdiction, with this Project's close- out package. Note 4: A landing is required according to code. In the absence of a landing, Contractor shall construct a concrete landing in front of the door as required by code, (or where a landing exists, Contractor shall re-constructlmodify the existing landing in order to meet code.) ATTENTION: This is not a conventional sized door opening. The existing door is only 6'-5 3/4" high. Due to the existing framing and slope of the roof above the front door, the height of the new hurricane impact resistant door shall have to be approximately the same. 2. Fascia and Soffit Replacement Lot $ 1.:tD Replace deteriorated fascia and soffit. A minimum 6 feet must be maintained between joints or corners. Fascia joints shall be mitered. Fill all nail holes in all affected wood, seal with caulking the seams of joints of wood where they meet the soffit and prepare for paint. Location: Rear of house, north side of building recess at sloped/flat deck roof transition. Tellman\Write-Up Revised 11 09 09 Page 2 of 5 Description Qty Bid Amount 3. Painting. Exterior Walls, Shutters, & Trim 01 Lot $ ~ ,e.;~ Pressure clean thoroughly with water. Fill all cracks in the stucco with an elastomeric patching sealant "PIN-LOCK" or pre-approved equal. Patch and holes to match average existing finish, and lightly sand ALL WOOD. Contact the assigned rehabilitation inspector and request an inspection (24 hour notice to required) Upon inspector's approval, proceed and apply two (2) coats of elastomeric paint for masonry application, "Behr Elastomeric", or pre-approved equal. Apply one (1) coat of acrylic primer/sealer and two (2) coats of semi-gloss wood grade paint on exterior doors and wood trim. Primer/sealer and paint shall be of the same manufacturer. Note #1: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Note #2: Contractor shall comply with manufacturer recommended time intervals between coats of paint. Note #3: Contractor shall deliver a smooth full paint coverage over the average substrate finish. Roller and brush marks, runs, orange peels, and other defective paint application shall not be accepted. Note #4: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure complete coverage. Contractor shall excavate and extend wall painting a minimum of 6" below grade at masonry wall perimeter Note #5: Contractor shall cover fill cracks in stucco with an elastomeric patching sealant in accordance with manufacturer's recommendations prior to painting two coats of elastomeric paint. ATTENTION: The wood fascia and soffit as well as the "Existing Clam Shell Shutters" have peeling paint. The contractor shall take great care in scraping all loose and peeling paint, sanding all sides of the clam shell shutters bond the remaining paint surfaces with primer/sealer to avoid continuation of peeling paint 4. Aluminum Hurricane "FOLDING" Shutters 1 $ Q 105 Install folding (accordion) aluminum hurricane shutters at windows that do NOT have existing "Clamshell" shutters. The hurricane shutter system shall satisfy the 2007 Florida Building Code for both impact resistance and pressure requirements. The aluminum hurricane folding (accordion) shutter system, with stiffeners if required by engineering instructions, shall be permanently affixed to the building per manufacturer's instructions. Shutters shall have labels indicating the shutter manufacture's name and the NOA number. Note 1: Contractor shall submit Miami-Dade County or Florida Building Code Notice of Acceptance, stamped by the Building Department of jurisdiction, with this project's close- out package. Locations: Windows that do NOT have existing "Clamshell" shutters. Tellman\Write-Up Revised 11 0909 Page. 3 of 5 Descrn"ption Qty Bid Amount 6. Remove Rubble/Shellrock Lot $ .?3 :{- Remove 4" of rubble/shell rock soil from the front of the house in preparation of placing grass sod. Replace soil removed with "shellrock.free" soil to reach an elevation to permit the new grass sod elevation to be the same on each side of the walkway. Location: Front of house, north side of front door walkway, from the house to the street. 6. Drive Well and Deliver an Irrigation Pump System Lot $ ::Lqc [3 Drive a well of sufficient pipe diameter and depth then develop the well system to supply well water to irrigate the property in accordance with health department and departments of jurisdiction. Supply and plumb a 230 volt weather resistant 1 W' HP irrigation pump to operate the irrigation system specified in Line Item 7 in this contract. Fasten the new irrigation pump to 24"X24" concrete pad a minimum of 8" above the surrounding soil grade. The pump shall have a weather resistant plastic cover to protect the electric motor. Contractor shall install new electrical circuitry in conduit to service the irrigation system Well and Pump Location: South side of house adjacent to the AIC condenser. 7. j'? t~ Weatherproof GFCI Receptacle 1 $ VI 1../ Install new circuit and GFCI receptacle with weather proof cover to service a new irrigation timer. 8. Irrigation Timer 1 $ 32Yl Install a new irrigation system timer with a 24 hour, 14 day, Intermatic Auto Sprinkler timer, model T884PV, or pre-approved equal. 9. Irrigation Control Valve 1 $ ro b Place an irrigation control valve with a "4 Zone Indexing Valve" FIMCO model 9254, or pre- approved equal. Plumbing shall include a back flow preventer device. 10. Irrigation System Lot $ II e;:f Supply and install a new irrigation system, utilizing the new well and pump system, as engineered by a certified irrigation professional. Irrigation system shall have plastic pop-up irrigation heads to irrigate the new grass sod, hedges, existing, and new trees. The new sprinkler system shall irrigate the front yard and hedges ending at the front corners of the house. Tellman\Write-Up Revised 11 09 09 Page' 4 of 5 15. DesclI"iptloll1 Q1ty Bid) AmolUlIlt 11. Floritam Grass Sod lot $ f 1'64 Place a defoliant such as "Round Up" on the existing ground vegetation from the front yard and side yards. After the defoliant has achieved its intended purpose; then strip the ground vegetation, level the soil and plant floritam grass sod in the areas prepared to receive the sod. Contractor shall be responsible to irrigate the sod with the owner's water service, mow, and edge the grass until the project is completed and closed-out. 12. Plant Coconut Palm Trees WI Ferns 2 $ 4-0 5 Plant two (2) Coconut Palm Trees, minimum 72" grey bark height, in the front yard, one on the north side and the second on the south side of the walkway. Maintain 18" of soil in a circular pattern around trunks of the trees and plant "Boston Ferns" 16/1 O.C. Exact locations of Palm Trees by home owner. 14. Landscape Hedges lot $ '5 ;q Remove existing hedges from the front of the front porch ONLY. Prepare the soil at the front of the house and 36" swath inside of the front property line. The walkway and driveway concrete shall remain. Plant minimum 24" tall Ixora plants 18" o.c. at the front of the front of the front porch, and minimum 24" tall white oleander plants along and 18" inside of the front property line running parallel to the street. Prior to planting, potting soil shall be placed in the excavation 4/1 around and beneath each of the new plants' root/soil ball. l'2S Non-Floating Wood Mulch lot $ V Place 4" of non-floating wood mulch on the south side of the house between the southwest corner and the fence toward the rear of the property, around the coconut trees, and full length along the front property line out to the curb. Total Bid Proposal: $ le2- 6~i3 ~~".- Tellman\Wrile-Up Revised 11 0909 PageS of 5 "~~L " ~~~<1:Y~Te~1cRA nr . East Side....West Side"'Seaside Renaissance I 'Ir' !:, . 2008/2009 'Of :" , BOYNTON BEACH COMMUNITY REDEVELOPMENT ARl!All'~%l' RESIDENTIAL IMPROVEMENT GRANT ~ Q ~ "lI) PROGRAM GUIDELINES I . d~ ~0ofu0 ~ VLN .e ./ VVt (J.j I The following guidelines are intended to define the extent and scope of the program. The purpose of the program is to assist property owners with. the improvement of their existing residential property. The goals of the program are to stabilize the community, allow residents to remain in their properties, bring properties up to current building code, improve and upgrade the appearance of the area, and facilitate and encourage redevelopment activity in the Community Redevelopment Area. The following guidelines and requirements are applicable to this program: 1. The program is available only for property located within the Community Redevelopment Area. See attached Map. 2. The program is for existing single family detached residential properties. Rental or income properties are eligible if there is no outstanding City or County code enforcement or other liens on the property. Applicant must supply proof of ownership by providing a copy of the recorded warranty deed. 3. The maximum grant amount is $20,000 per residence. Owners of properties that are not owner occupied must provide a dollar for dollar match to the amount of CRA funds provided. Proof of the ability to match CRA funds must be submitted with the application paCkage to be eligible for reimbursement. 4. Owners of rental properties must sign, as part of the application process, an agreement that the Owner covenants not to increase rents on improved units more than 5% for the two year period following completion of the improvements and that breach of the covenant shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. 5. Eligible improvements for this program include: · Roof repair or replacement · Exterior Painting; color to be selected and sample signed off by the homeowner · Hurricane shutters · Exterior Doors; Door materials to selected from CRA approved list · Landscaping & Irrigation; limited the front yard only and a $2,500.00 maximum for both elements. Plant materials to be selected from CRA approved plant list only. 6. All improvements are subject to CRA staff approval. CRA staff may recommend improvements not being requested by the applicant in order to meet City of Boynton Boynton Beach Community Redevelopment Agency Residential Improvement Grant Application Revised October 2008 Page 2 Beach building code or to improve the home's appearance on the street. 7. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach and/or Palm Beach County, 8. Applicants shall not have an income greater than 120% of Palm Beach County median household income relative to family size. Applicant shall submit income tax returns, W- 2's, etc. to verify income. Any person residing in the home over the age of eighteen who do not have income, shall complete a no-income affidavit. The affidavit shall be submitted with the application. A personal net worth/asset form will also be required to be submitted. Applications shall be rejected if the stated amount of cash exceeds 1.5 times the amount of the program's $20,000 grant limit. 9, All applicants shall submit a completed Insurance Disclaimer Form stating that they have not received any insurance funds to perform work being requested on the grant application. 11. No work to be covered by CRA grant funds may begin prior to the approval of the grant application by the CRA Board and execution of grant agreement. 12. Only applications that are complete including any and all required documentation will be considered for funding. Applicants who fail to provide documentation within four weeks of it being requested by the Agency will have their application rejected and must re- apply. 13. Any and all funding not expended under the awarded grant will be released back into the program. 14. The Resident/allmprovement Grant program may only be used one time in a five year period for anyone property. Property owners may re-apply for additional grants any time after five years from date of previous grant approval. 15. All applicants awarded grant funding and receive improvements under the program agree to have their home as well as themselves photographed for use by the CRA in various publications including press releases for public media 16. APPUCA nON TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE CRA BOARD. I hereby affirm that I have read, understand and accept the above guidelines as set forth under the Boynton Beach Community Redevelopment Agency's Residential Improvement Grant program. / Applicant Signature61~~ Date: 6(14/ O~ Applicant Signature: Date: Boynton Beach Community Redevelopment Agency Resldentiallmprovemenl Grant Application Revised October 2008 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM APPLICATION Date: 9//1 loq Name/s of Applicant/s: Address of Applicant/s: Applicant Information Shart rfeflVlAt<-Vl 100 to SE ?;;vct 5'-1. tDlfVliuvl 6euh 33lf3( Address of Property (if rental): Phone Number: R€ ( ~ 2--'1 I-LiD o;r.p Cell Phone Number: filp r - ~11- 10 / Ip E-mail: 1Sr7atl;~/fiwUitll @'1());JOD. ClM1 Total Household Income (must be verified with income tax returns) $ 37--) 5DO How many members in your household? 1- Please list their names, ages and relationship to applicant: Name:j3hrJU"{' U({ltY/CUi1 Age: tt Relationship: ,)€r{ J Name: Age: _ Relationship: Age: _ Relationship: Age: _ Relationship: Name: Name: Name: Age: _ Relationship: Property Control Number: Is the Property Homesteaded? Yes V No_ Do the applicants reside in the property to be improved? Yes / No_ If yes, how long have you lived in the home? 1- '1(5- . Property Information 00'-4~~4c;-ZB~Z3 .-002-- 0/60 Boynton Beach Community Redevelopment Agency Residential Improvement Grant Application Revised October 2008 Is the property a rental? Yes No i./ If yes, is it currently occupied? Yes _ No _ How many rental units are on the property? Are there code violations on the property? Yes _ No V What improvements are you requesting to make to the residence? Please list all. I(;J(lIi~t; ,fV1M+- door r.tplULe fYlU1f; pa/nf- ~/JIlI) awJ- ~LlH{ ('-; r 1fr:~~I~ ~-!tt!-!iIj- ~t MOr'3) ; ';U;VlCI41~ e1~{y5 . 't' .,' ~ fUrl-f):' ~Ht. ~bUi)d) Ii fA. repU( CERTIFICATION AND WAIVER OF PRIVACY: 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 Residential Improvement Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by tine and/or imprisonment for making false statements or presenting false information. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency Housing Assistance Program, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. COVENANT AND AGREEMENT TO REPAY GRANT (Rental Properties Only) Owner covenants and agrees that will not to increase rents on improved units more than 5% for the two year period following completion of the Improvements and that breach of this covenant and agreement shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. Applicant: ~ Si~nature . . t3httf1~02{ I rVUUfl Print Name: Signature Print Name: Date: 0/ lifl 01 Date: Boynton Beach Community Redevelopment Agency Rellidentlallmprovemenl Grant Application Revised October 2008 CERTIFICATION AND WAlVEROFPRIVACY: 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 funding under the Boynton Beach Community Redevelopment Agency Housing Assistance Program. and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fme and/or imprisonment for making false statements or presenting false information. I hereby waive my rights under'the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency Housing Assistance Program, its agents and contractors to examine any confidential infonnation given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. Applicants acknowledge by signing below, that they have read the Housing Assistance Program Guidelines and hereby agree to the terms of the program. Signature I{\. 1), ~~la. W Print Name: D~:~ Applicant: U UJll-+= In j Ignature ~lh~ ~~kll ~ow Print Nam : .6. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY HOMEBUYER'S ASSISTANCE PROGRAM APPLICATION Date: ;). .~& ./0 Name/s of Applicallt/s: ..::rE..RMAJ f\.') ~ Wtuu=:.fvtEs,..,);ll r= ASrl~ Current Address of Applicantls: "_ r S-~7? e.-~~ (,<-LAlLI:" ~, ~ '1-Ilc, II3000j;(.:rJ1;>,v J- L 3,3<1~ 7 " - Address of Property To Be Purchased: t1 ~ I ~()) ~ "'~5r~~~::r / Bcj~:; F"t. ~~~3 S.-= Phone Number: (,5;(.;.1) '-l 9 f.:. ' '7;>"0::::> _ LV _ tvL~.5 j./" E. L;.~ Cell Phone Number:(~le./) S"7 Y-- ~ i.". .a E-mail: Total Annual Household Income (must be verified with income tax returns, social security statement or pay stubs) $-3 i. 85-;(. How many members living in your household? L/- Please list their names, ages and relationship to applicant: Name~'p.. F"-SH Ati) Age: ~ Relationship: '1A.U6~"f\E";L, Name;r~AI r.J f~ -:IT.... Age: ~ Relationship: S c>;J Name: Age: _ Relationship: Name: Age: _ Relationship: Name: Age: _ Relationship: Has anyone in your household owned a residence within the past year? Yes NOL .. 5 .. 20. Upon sale of the property at any time during the duration of the first mortgage tenn the owner must repay 100% ofthe HAP grant amount to the eRA. Example: Original home price: Mortgage CRA Funds New Sales Price @ yr 6: 1 It Mortgage Payoff Grant funds to be repaid to CRA Equity to Buyer $180,000 $130,000 $ 50,000 $210,000 $120,000 $ 50,000 $ 40,000 21. The eRA shall reserve the right-of-first-refusal to purchase the property at the fair market appraised value within 45 days of written notice from the property owners. If the CRA chooses not to purchase the property at the fair market value or elects not to exercise their first right of refusal, the property owner will be notified in writing. 22. Application to the program is no guarantee of funding. All decisions are subject to approval of the CRA Board and availability of funding. Applicants acknowledge by signing below, that tjey have read the Housing Assistance Program Guidelines and hereby agree to the terms of the rogram and application process. Applicant Signature Date: 3J~l 10 I Applicant Signature Date: IV -4- ] 4, Projected housing costs, including mortgage, interest taxes, insurance and homeowner" s association fees shall not exceed 30% of gross household income or \vhatever the primary lender determines. The maximum total debt ratio (total housing expenses plus other monthly debt obligations) shall not exceed 40% of income unless otherwise approved by the lender Example # I Moderate Income Gross Monthly Income Mortgage Payment (incl. taxes & insurance) Other Debt Housing Expense Ratio (not to exceed 35%) Overall Debt Ratio Example #2 Low Income Gross Monthly Income Mortgage Payment (incl. taxes & insurance) Other Debt Housing Expense Ratio Debt Ratio $60,000 $ 5,000 $ 1,282 $ 500 27% 35% $ 40,200 $ 3,350 $ 987 $ 300 29% 38% 15. Applicants must be first time homebuyers, with no previous homeownership within the past three years at the time of application, Falsifying this information will result in forfeiture of any and all grant funding. 16. Applicants are required to contribute a minimum down payment of three percent (3%) of the home's contract price toward the purchase ofthe home. I 7. Funds shall be in the form of a 0% interest, second mortgage behind the first mortgage, If the City's SHIP funds are used and in a greater amount than CRA HAP funds, CRA funds will be secured in the form of a third mortgage behind the City of Boynton Beach's encumbrance, Resale of the home will require repayment of the CRA subsidy amount at time of closing in compliance within the terms and conditions of the Promissory Note and Grant Agreement. 18. Refinancing of the property at 100% of the original purchase price will result in repayment of CRA funds in full and in compliance with the terms and conditions of the Promissory Note and Grant Agreement. 19. Families who receive CRA Homebuyers Assistance shall occupy the residence for the tenn of the first mortgage, If the residence is leased and no longer occupied by the recipient of CRA funds, any and all CRA grant funds given at the time of purchase shall become due and payable in full. Families that receive assistance shall submit proof of residency to the City and CRA annually by the anniversary of the closing date. The accepted form of proof is a utility bill showing the program recipients name and address, Failure to comply will result in the CRA funds becoming due and payable. - 3 - 5. Family income must not exceed 120% of median household income for Palm Beach County as set by HUD in the year of application to the program. 6. Purchase Price New - Not to exceed $280,462 Existing - Not to exceed $280,462 New Home Construction Loans- in certain cases where the CRA has supplied the vacant lot, the value of the City/CRA lot awarded to homebuyer is excluded from the CRA/City subsidy amount, but is included in the permanent mortgage encumbrance. 7. Eligible Properties include existing, single-family homes, construction of new single-family homes, townhomes and condominiums located within the CRA district boundaries (see attached map). 8. Use of Funds: a. Down payment and closing costs. b. Rehabilitation costs (if required to bring the home up to code) 9. Families with dependent, minor children will receive preference. 10. Persons working within the City of Boynton Beach will receive preference. 11. Applicants employed in the "essential services" sectors (educators, police, firefighters, healthcare workers and skilled building trades) will receive preference. 12. Income from all adult members of the household will be included in the computation of gross income. 13. The total of public subsidy funding shall not exceed 20% for moderate income buyers, 30% for low and 40% for very low income buyers of the purchase price for the home. The actual amount of funding awarded shall depend upon the funding gap. In no case shall CRA funding be awarded above the funding gap amount of $50,000.00 for very low, $40,000.00 for low and $30,000.00 for moderate income eligible applicants. Example #1 : Moderate Income Household Purchase Price of Home Closing Costs Maximum Mortgage Amount Maximum SliP Down payment Funding Gap - CRA HAP funds Percent of Public Subsidy Example #2 Low Income Household Purchase Price of Home Closing Costs Maximum Mortgage Amount City's Maximum SHIP Down payment Funding Gap - CRA HAP funds Percent of Public Subsidy $ 60,000 $280,000 $ 5,000 $213,771 $ 50,000 $ 21,229 25% $ 40,200 $280,000 $ 5,000 $164,700 $ 75,000 $ 45,300 43% - 2- r;f;~~qY~T2~ eRA ilIIi East Side~West Side~ Seaside Renaissance Homebuyer Assistance Program (HAP) 2009/2010 The Boynton Beach Community Redevelopment Agency (CRA) recognizes that the future economic health of the City of Boynton Beach depends upon the sufficient supply of housing priced for working families. As housing prices climbed by double digits in 2005-2006, many families were priced out of the housing market. Due to rapid housing appreciation while salaries and income increases stagnated, the number of low and moderate income families who can afford to buy homes has decreased. In an effort to assist more families, the CRA has implemented the Homebuyer Assistance Grant (HAP) Program. These program funds can be layered with other homebuyer assistance subsidy funds such as SHIP, HOP, etc. The maximum HAP grant award to an eligible very low applicant is $50,000.00, a low income applicant is $40,000.00, and the maximum HAP grant award to an eligible moderate income applicant is $30,000.00. Pro!p"am Guidelines 1. Annual grant funds are limited. Grant funding is awarded on a frrst-come, frrst-approved basis unless the applicant meets a preference condition set forth below under items 9, ] 0 or ] ]. 2. Grant awards require CRA Board approval as part of the application process and prior to the release of funding. Approved Grants must be expended within six months of CRA Board approval. Grant awards not expended within the six months timeframe will be forfeited and the grant terminated. 3. ApplIcants must meet all of the qualification criteria of the Homebuyer's Assistance Program. Qualification of applicants will be determined by CRA staff or a Community Housing Development Organization (CHDO). If an applicant is working with a CHDO or the City of Boynton Beach, a request for HAP funds must be made on the applicant's behalf by either the City or CHDO. Application packages can also be submitted by a lender. 4. Applications must be submitted along with the following information in order to be processed: · Copy of Personal Identification for each signing applicant. · Copy of birth certificates for each member of the household under 18 years of age. · Copy of Homebuyers Education Program certificate. · Copy of Lender's Verification of Employment form dated within 4 months of application for each working member of the household over 18 years ofage. a Statement of No Income form for anyone living in the household over the age of 18 not employed. · Copy of most recent year's Federal Income Tax Return. e Signed copy of mortgage application - 1008 & 1003 forms. a Copy of executed Loan Commitment. · Copy of executed Sale & Purchase contract for home. a Copy of property appraisal of home to be purchased. . ] - IMain Fde No. 10-0171 Pa~e #41 There are 45 cmmarable DrODf!liies curri!iiit.t offered lor sale in the subiect neiohbolf1ood raOOno in orice from $ 50 000 to$ 200 000 There are 20 comparable sales in the subiect neiohborhood within !he past twelve months ranging In sale Dnce from $ 35 000 to $ 145000 FEATURE T SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address 721 NW 2nd Street 919 nw 1st Street 111 NW 6th Avenue 315 SW 2nd Avenue Bovnton Beach FL 33435 Bovnton Beach Fl 33435 Bovnton Beach, FL 33435 Bovnton Beach, FL 33435 Proldrritv to Subiect -,;C ",C 0.20 miles NE 0.18 miles E 0.52 miles S Sale Price $ NI '",':, " 'y,'" "$ 139900 1$ 90000 ':' " 1$ 125 000 Sale Price/Gross Uv. Area $",~ $ 121.86 so.IIJ" '':'' "", $ 67.67 so,lI.I ," " $ 106.02 so.II.I" ," Data Source/sl EXTERIOR INSPECTION EXTERIOR INSPECTION EXTERIOR INSPECTION Verilicatlll1 Source(sl VAlUE ADJUSTMENTS j ~OO DESCRIPTION +(-) $ Adiustment DESCRIPTION +1-) $ Adjustment DESCRIPTION +(-) $ Adjustment Sales or Rnancing FHA CASH FHA Concessions NONE NONE NONE Date o( Sale/Time 10/2009 -5 600 1212009 -1 800 912009 -6 200 Locatlll1 AVERAGE AVERAGE AVERAGE AVERAGE LeaseholdJFee Sinmle FeeSi1'Tloie FEE SIMPLE FEE SIMPLE FEE SIMPLE Site 5 236 Sn.FI. 7819 S.F. -1.300 15682 S.F. -4 600 14 394 S.F. -4 000 lJIew Residential RESIDENTIAL RESIDENTIAL RESIDENTIAl Desion (Style) Ranch/A'^". Ranch/Aw. RanchlAw. Ranch I Avo. Quality 01 Cons1lUction AVERAGE AVERAGE AVERAGE AVERAGE Actual A(JIl 0 2 60 +10000 49 +10000 COndlllon GOOD SIMIlAR INFERIOR +10000 INFERIOR +10 000 Above Grade Tm! Isttms.lsafhs TOIal /sttms./Saths Tota 1Bttms. Saths TlGI ISdnns, I Saths Room Courd 5 I 3 I 2 5 I 3 1 2 5 I 3 2 5 I 3 I 2 Gross Living Area 1 167 sn.1I. 1 148 sQ.II. +570 1,330 so,fI. -4 890 1 179 sa.1I. -360 Basement & Rrished N/A NIA NIA NIA Rooms Below Grade NIA NIA NIA NIA FunctIonal U1illV AVERAGE AVERAGE AVERAGE AVERAGE . IleatinolCooIing CENTRAL CENTRAl WAlL CENTRAl ~Efficienl ~ems 1YPICAl 1YPICAL 1YPICAL 1YPICAL : Gari!oe{Camolt 1 Car Garaoe 1 Car Garaoe CARPORT +3 000 CARPORT +3 000 . PorcM'atiolDeck PORCH PORCHIPATlO PORCHIPATIO PORCHIPATIO . NONE NONE NONE . Net Aditstment IT otall ~ [J + 1X1. $ -6 330 fXI+ fl- $ 11710 lXf+ n- $ 12440 Adjusted Sale Price Net Adj. 4.5 % Net Adj. 13.0 % Net Adj. 10.0 % of Comoarables Gross Adi. 5.3 % $ 133 570 Gross Adi. 38.1 % $ 101 710 Gross Adi. 26.8 % $ 137 440 , I IXI did I did not research the sale or transfer historY of the subject mper1y and comparable sales. If not, explain MY research rx1 did n did not reveal aiiViiiior sales or translers 01 the subieel orooertv for the three vears orior to the effective date of tlis aooraisal. Data Source(s ISC PUBLIC RECORD. MY research 1 did fXI did not reveafanviirlor sales or translers 01 the cOlllll3rable sales for the vear pnor to the date of sale 01 the cOmDarable sale. Data Source/s ISC I PUBLIC RECORD Report the resu~s 01 the research and anaIVsis of the OIior sale or transfer Iistory of fhe subiect orooertv and comoarable sales Ireoolt additional orior sales on oaoe 3), ITEM SUBJECT COMPARABLE SALE #1 COMPARABLE SALE #2 COMPARABLE SAlE #3 Date of P1ior SalefTransfer 812009 712009 NIA NIA Price of PIior SalelTransler $60 000 1123585 NIA NIA Data Source(sl PUBLIC RECORD IISC PUBLIC RECORD IISC PUBLIC RECORD IISC PUBLIC RECORD IISC Effective Date of Data Source(sl 2/8/2010 2/8/2010 21812010 218/2010 AnalYsis 01 orior sale or transler Iist~ rvo( the -:o:iIiliRcl nmn""" and COllllarable sales NIA Summarv 01 Sales Comoanson Amlroach I have reviewed a statistical analvsis conducted bv Real Quest to determine the current and nrevlous vears median sale mice and orice Der sa It for homes in the subiects market area. The current median sale orice is $98.478 with the nrice MAr SF /li) 86.84 and the orevious ""ar was .1146 857 wth 1121.58 Der SF I have made a time ad'ustment of .1% ner month for the comnarable sales. Estimated market value is sunnOlted bv aD sales. These are the most recent sales avaUable in the subjects market area. Sale data was limned. A search for more new construction sales in the immediate area was neaatlve. Indicated Value bv Sales COIIIlarlson ADoroach $ 122 000 Indicated Velue by: Sales Comparison AIIIlr1l8Ch $ 122000 Cost Approach ~f developed) $ 149,850 Income AilDroach (if developed) $ FINAL RELIANCE PLACED ON THE MARKET AND SUPPORTED BY THE COST APPROACH TO VALUE. PLEASE SEE ATTACHED LIMITING . CONDITIONS. Cost aODroach exceeds the market due to foreclosure activitv, Ttis appraisal is made 0 'as is', IZl subject to completion per plans and specifications on the basis 01 a hypothetical condition that the improvements have been completed, 0 subject to the lollowing repairs or anerations on the basis 01 a hypothetical cond"ltion thaf lhe repairs or aKerations have been c~ed, or 0 subject to the . 10lkJwino reouired inSPOCIill1 based 011 the exlraordinaJV assumDfion that the condition or de1iciencv does not reouire aneration or reoair: ADJUSTMENTS WERE MADE FOR KNOWN DISSIMIlARITIES. THE INCOME APPROACH IS NOT CONSIDERED APPLICABLE. Based on a complete visual in=1on of the interior and exterior areas of the subject prm defined scope 01 work, statement of assumptions and limiting conditions, and appraiser's cert f1cat1on, my (our) opinion of the mot value, as aefined, of e real properly that Is the subject of this report Is $ 122.000 as of 218/2010 which is the dale 01 InSJJeclion and the effective date of this aooraisaL Uniform Residential Appraisal Report 10-017 File # 10-017 Freddie Mac Form 70 March 2005 Page 2 of 6 Fannie Mae Form 1004 March 2005 Form 1004 - 'WinTOTAL' appraisal software by a la mode, inc, -1-80G-ALAMODE ,.i+rr'.''''"'''''''''''~'---l/~---''IV'''' "'ixr'~' ~~ '''''''''''''$'''''''~r~1'I''cl-"'''~rf'll'"1'''VIf"'"Ity"'."".,. ""--~"'''W> ~!iiiiiiill.ti~"''"'"''''''-''' ., '-."~'~i'lr ,.~ "","~.,,,,,",",,.,,.,.",,,,"~.,,, VI. CONSENT AGENDA: J. Approval of Funding $48,800 from the Homebuyers Assistance Program to Jermain & Willie Fashaw ~ 1I!~~<tY~T2~CRA Ii East Side-West S,de-Seaside Renaissance eRA BOARD MEETING OF: April 13, 2010 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of grant funding for Jermain and Meshell Fashaw up to $48,800 from the Homebuyers Assistance Program. SUMMARY: Jermain and Meshell Fashaw are purchasing a newly constructed 1,167 sqft, 3 bedrooml2 bath single family home located at 221 NW 2nd Street for the contract price and appraised value of $122,000. The Fashaw household income has been certified as "very low income" as per HUD 2009 guidelines. Mr. and Mrs. Fashaw will execute the required CRA HAP program documents which stipulate that CRA grant funds are to be repaid in full in the event the property is sold within the 30 year term of the first mortgage. FISCAL IMPACT: Up to $48,800 from Line Item 02-58300-421. RECOMMENDATIONS: Approve up to $48,800 from the Homebuyers Assistance Program to assist Jermain and Meshell Fashaw in the purchase of221 NW 2nd Street, subject to the execution of the CRA's mortgage, note and agreement at the closing of the property. ~~~ Michael Simon Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Fashaw HAP.doc OJ orm eSI en la ppralsa eport File# 10-017 The purpose of tl1s summary appraisal report is to provide the lender/cUent wtth an accurate, and adequately supponed, opirion of the market vakJe of the subject property. PrOPeiiVAddress 721 NW 2nd Street Cilv BoVJ1ton Beach. State FL Zip Code 33435 '.. Borrower Owner Df Public Record Habitat for Humanity County PALM BEACH Legal Description Bovnton Hills Lot 184 Block C -- --...---.--- Assesso(s Parcel # ---_._-~_._..~--~-~---- ---~------~----"" .. .. 08-43-45-21-07-003-1840 Tax Year 2009 R.E. Taxes $ 698.00 Neighborhood Name Bovnton Beach , ----" Mao'Reference ..----- ._. 307 ., , Census Tract 61.00 . "--C- Occupant n Owner 1 Tenant n Vacant Special Assessments $ N/A ---- - J PUD HOA $ __..,,,, 0 per year 0 per month .. Property Rights Aooraised IX1 Fee Simole r I leasehold il Olher (describe) N/A AsslUl1IT1ent Tvoe IX1 Purchase Transaction r l Refinance Transaction rl Other (desClibe) N/A '--' ---"--'_._-~'--"'- _u__ ._..__.__ I lender/Cient Habitat for Humanitv Address 181 SE 5th Avenue Delrav Beach Florida 33483 .-..----_._--_.._._--_._-~._._- Is the subject prooertv currentlv Dffered tor sale or has it been offered for sale in the twelve months orlor to the effective date of tl1s appraisal? l2)Yes DNa _._--~. Report data sourcels\ used, offerlnll prlcels), and datelsl. Habitat for Humanitv ------~,- .--- ----_._-----_._~------- I 0 did ~ did not analyze the contract for sale for the subject purchase transaction. Explain the resuhs of the analysis of the contract for sale or why the analysis was not perlormed. N/A ~---- -- ._--~--,_. ---..- --_...- --.------------. - Contract Price $ N/A Date of Contract N/A Is the property seller the owner o(ilubic record? lX]Yes 11 No Data Source(s) Habitat for Humanitv Is there any financial assistance (loan charges, sale concessions. gift or downpayment assistance, etc.) to be paid by any party on behaff of the borrower? !J Yes lSJ No . If Yes, report the lotal dollar amount and describe the items to be paid. N/A ' .... - ,,-,-,-,-,., ----... . ---,------ -----. ~-~.._--_.__.------ .-----,-- Note: Race and the racial colllllOSltion 01 the nelahborhood are not appraisal factors. ,"'; ..'NIl-~CI'iillIi;t~;.: ....,;; ; ;.Onit'llnlt:HOIIsln Trends OnrUnifHousltilr !'resent'Und Use % Location II Urban IX1 SuburtJan n Rural Property Values r llncreasing r Stable IX1 Decining PRICE AGE One-Unn 70 % . Buit-Up [8] OVer 75% l 25-75% n Under 25% Demand/Supply r l Shortaoe r In 8a1ance 5<1 Over Supply $ (000) (yrs) 2-4 Unn 10 % : Growth r I Rapid 5<1 Stable n Slow Marl<etino llme r l Under 3 rr<<hs r 3-6 mths IX1 Over 6 mths 35 low 5 Multi-Familv 10 % Neiahborhood Boundaries The subjects boundries are as follows; 1-95 on the west. Federal Hiqhwav on 145 High 60 Commercial 10 % : the east BOVllton Beach Blvd. on the south and Hvnoluxo Road on the north. 95 Pred. 45 Other % Neighborhood Description The subject is located in an area consistina orimarilv of sma>> to medium size sinale familv homes. Most orooerties are adeauatelv maintained. Mari<et aDDeal is averaae. The subiect is located close to tvDical amenities souoht bv this orouo of owners. There are no known unfavorable factors to adverselv affect the subiects mar1<etabilitv. Markel Condltions C1ncludino SUODort for the above concilsiDnsl Sales within the subject mar1<et area have been reviewed and there is evidence of decline. There is an over suoolv on the mar1<et mar1<etina time is increasina and askinq orices are drooo;nq. Noted foreclosure actMtV In the subjects mar1<et area has a neoative affect on the subiects current mar1<etabilitv. Dimensions N/A Area 5 236 SoH. Shape RECTANGULAR View Residential -..-- Specific Zaring Classification R 1A Zoning Description SINGLE FAMILY ~...---~_._--_. --- --------.--.--.. -. ~._-~--- - '---'~-'.'- Zoring Compiance CXJ legal n legal NDnconforning (Grandtalttered Use} n No Zaring n mega! (describe) N/A Is the fiohes! and best use of subiect orooertv as imoroved (or as prooosed per olans and soecificationSl the oresent use? l2<;J Yes o No If No, describe N/A Utlities Public Other (describe) Public Other (describe) -_._--~-_. -. Oll-sKe Imorovemenls - Type Public Private Electrl cily [2J n Water 5<1 Il Street ASPHALT [?J 0 Gas [J n Sanitary Sewer IX1 1'1 Alley NONE 0 0 ----- FEMA Special Rood Haz;ud Area [] Yes 'l'Xl No FEMA Rood Zone C FEMA Map # 1201960004C ---- ~ --~. FEMA Map Dale 1,982 _..----- Are the utifities and off-site imorovemenls tvPical for the market area? rxJ Yes n No If No, describe N/A Are there anv adverse site condnions or external factors (easemenls, encroachments, environmental conditions. land uses, etc.)? [] Yes [8J No If Yes, describe " i NO APPARENT ADVERSE EASEMENTS OR ENCROACHMENTS. NO FORMAL SURVEY,\lVAS NOT AVAILABLE FOR REVIEW. I , ---. -.--------,'"-- --~.. '"------- -.----- --...-- -I GenerillDescrlOtion Foundation Exterior Detc:riiltion malerlal$l~ondillon Interior milterial$lcondilion Urns IX1 One [] One v,;th AccessolV Unit 15<1 Concrete Slab [J Crawl Soace Foundation Walls CBS/GOOD Floors TILE/GOOD # of Stories 1 1 Full Basement Il Partial Basement Exterior Walls CBS/GOOD Walls DRYWALL / GOOD Tvoe 191 Det. n Alt. r 1 S-DetJEnd Unit Basemenl Area N/A sq.ft. Roof Surface SHINGLE/GOOD Trlnv'Rnish WOOD/GOOD 1 Existina n Prooosed CXJ Under Const. Basement Finish N/A % Gutters & Downspouts ALUMJGOOD Bath Floor TILE/GOOD - Design (Style) Ranch/Ava. 1 Outside Enlry/Exit [l Sump Pump Window T voe S.HUNG/GD Bath Wainscot TILE/GOOD Year Buitt 2010 Evidence of n Infestation Storm SasMnsulated YES / GOOD Car Storaoe Tl None Effective Age (Vrs) 0 o Dampness o Settlement Screens SCRNJGOOD IXI Drlvewav # of Cars 2 Attic None Heatino rx1 FWA II HWBB In Radiant Amenities Ii Woodstove(s) # Orlvewav Surface CONCRETE IIX1 Drop Stair Stairs l Other I Fuel ELECTRfC 1 firep!ace/s) # is] Fence , 15<1 Garage # of Cars 1 ... 1 Floor Scuttle Coollno 5<1 Central Air Conditiolino J91 PatiolDeck ... [~ Porch l Caroort # of Cars 1 Finished Heated o Individual 10 Other o Pooi r ] Other [2J Aff. o Del o Bum,in Appiances [5;:J Refrigerator IX1 Range/Oven 5<1 Dishwasher [5;:J Disposal CXJ Microwave [2J WasherlDfYer 11 Other (describe) Finished area above grade contains: 5 Rooms 3 Bedrooms 2 Bath(sL .., 1,167 Square Feet of Gross Uving Area Above Grade . Additional features Isoecial enerov efficient items ete.\. lYPICAL ENERGY ITEMS ----.. - --- ..._------~-- Descrtbe the condition of the orooertv fincludino needed reoairs, deterioration renovations, remodelino etC). - NO APPARENT EXTERNAL OR FUNCTIONAL -.-- OBSOLESCENCE. SUBJECT IS NEW CONSTRUCTION AND NOTED TO BE IN GOOD CONDITION. NO NOTED DEFERRED MAINTENANCE ITEMS. THE SUBJECT IS NEW CONSTRUCTION AND NEAR COMPLETION FOR THs.pURPOSE OF THIS REPORT WII,L. . BE APPRAISED AS COMPLETE. --....----.. -~- -- ---------- -- j ".wl Are there any physical deficiencies or adverse conditions that affect the Iivabilitv, soundness, or structurai integrity of the propeny? [J Yes IX1 No II Yes, describe ." - -- _..- --' ----.-- ._-----~_..- ~- .- ..------- .- j --------- ~._----_._--- ---.- --- -------- --- ---. u__________. ________ _~__. - < Does lhe property generally conform fo the neighborhood (functional utilitv, style, coruJition. use. constructiDn, etcr r;-.;J Yes [l No ~-----"---"-'---- if No, describe .. ~ -------- - ---~~-~- ..- -.- ----- --------. ------_.~--~-_...- ,ul STARK & STARK REAL ESTATE APPRAISAl iN! U 'f R 'd l' I A IR Freddie Mac Form 70 March 2005 Page 1 of 6 Form 1004 - "WinTOTAL" appraisal software by a la mode, inc .. 1.800-ALAMOOE !&tain Fi1i]~1 O:Ql7LeitQ~Jt.3: lO-U'l! Fannie Mae Form 1004 March 2005 "v - ~-r-K""'~'_" '-'"1'-"-- 17',. ". """""'".''''".....--"...'''''''~. .. '~ll~_H'1 "'I'il" .' ___--dC..",,"""-"" ",,,,,,.....,., ., VI. CONSENT AGENDA: K. Approval of Funding $37,500 from the Homebuyers Assistance Program to Valencia Spells- Anderson I~ '" ~1~Cf:Y~T2~ eRA iIii East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 13, 2010 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of grant funding for Valencia Spells-Anderson up to $37,500 from the Homebuyers Assistance Program. SUMMARY: Valencia Spells-Anderson is purchasing a newly constructed 1,358 sqft, 3 bedrooml2 bath single family home located at 210 NW 7th Court for the contract price and appraised value of $125,000. The Spells-Anderson household income has been certified as "low income" as per HUD 2009 guidelines. Ms. Spells-Anderson will execute the required CRA HAP program documents which stipulate that CRA grant funds are to be repaid in full in the event the property is sold within the 30 year term of the first mortgage. FISCAL IMPACT: Up to $37,500 from Line Item 02-58300-421. RECOMMENDATIONS: Approve up to $37,500 from the Homebuyers Assistance Program to assist Valencia Spells-Anderson in the purchase of 210 NW 7th Court, subject to the execution of the CRA's mortgage, note and agreement at the closing of the property. ~I ~ p--<' Michael Simon Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Spells-Anderson HAP .doc m arm eSI entia ppralsa epa Fie# 10-016 The purpose of tlis summary appraisal report is to provide Ihe lender/cfient with an accurate, and adeQUately supported. opirion of the markEt valle 01 the subject property. Prooertv Address 210 NW 7th Court Citv Bovnton Beach Slate FL lio Code 33435 Borrower Owner of Public Record Habitat for Humanitv County PALM BEACH .- lenal Descrintion Bovnton Hills Lot 116 Block C -.-.-----.-- Assessor's Parcel # Tax Year 2009 ---- .._- R.E. Taxes $ 852.40 ----..- ._um 08-43-45-21-07-003-1160 Neiohborhood Name Bovnton Beach Mao Reference .. Cel1SUS Tract 61.00 --------.-..---.. 307 Occupart I'l Owner r l Tenant [J Vacant Special Assessments $ N/A fI PUD HOA$ f! per year [J per month .. ProDertv Rinhls Annraised 171 Fee Simole I'l leasehold n Other Idescribe) N/A .. ... --- .- Assionment T VI1f! 171 Purchase Transaction I'l Refinance Transaction n Othercdescribe) N/A -,...- ._."______..__._____._. .._n_'..______._ -. -. lenderlCfient Habitat for Hurnanitv Address 181 SE 5th Avenue Delrav Beach Florida 33483 Is the subject prooertv currilntlv offered for sale or has ~ been offered for sale in the twelve months prior 10 the effective date of t1is aooraisal? l'X1 Yes 1"1 No Reoort data sOllcelslnsed. offerin~ orice(s), and date(sl. Habitat for HumalliN ._-------,--- . -_.~-----,------~- -- - .... ~._----------~----_. I 0 did ~ did not analyze the contract for sale for the subject purchase transaction. Explain the resuRs of the analysis of the contract for sale or why the analysis was not pertonned. N/A ---_.__._._-~-- Coillract Price $ N/A Date of Contract N/A Is the orooertv seller lhe owner of pubic record? !Xl Yes r l No Data Sourcels \ Habitat for Humanitv Is lhere any financial assistance (loan charges, sale concessions, gift or downpayment assistance, etc.) to be paid by any party on behalf of the borrower? [1 Yes cg] No . ~ Yes, report the total dollar amount and describe the ~ems to be paid. N/A --..-----..- . ---- ------ -----.---.-- Note: Race lIId the racI8I COIl1IIClIIition of the neIGhborhood lI'e not IIIIlI'IlsaI factors: .... lNi\III OJItoIflilUlaliltllla I'IIliitItUlllltUall" location rl Urban 171 Suburban I' Rural ProDertv Valles r Increasing r l Stable iXI DeclriOQ PRICE AGE One-UriI 70% . Buil..up !Xl Over 75% r l 25-75% I' Under 25% Demand/Suoolv r Shorta~e I'lln Balance 171 OVer Suoolv $ IOOOl 1m) 2-4 Unit 10 % : Growthn RaD1d 171 Stable I' Slow MarkBlino lime r Under 3 mths Il 3-6 mIhs iXI Over 6 mIhs 35 low 5 !JAJ1ti-Fanily 10 % Neiohborhood Boundaries The subiects boundries an! as follows: 1-95 on the west Federal Hiohwav on 145 Hioh 60 Commercial 10 % ~ the east sOvlrtoo Beach Blvd. on the south and Hvnoluxo Road on the north. 95 Pred. 45 Other % Ntiohborhood DesiiiDlion The subiect is located in an area consistina DrimariiVof smaB to medium size sinale familv homes. Most DrODerties are adeouatelv maintained. Market aooeal is averaoe. The subiect is located close to typical amenities soucht bv this ClOUD of owners. There are no known unfavorable factors to adverselY affect the subiects marketabaa;;: Mal1<et Conlitions (!nclldino support for the above concllsions) Sales within the subiect market area have been reviewed and there is evidence of decline. There is an over sunnlv on the market marketinc time is increasinn and askinn nrices are droDDinQ. Noted foreclosure ar.livitv in the subiects market area has a necative affect on the subiects current marketabillv. Dimensions N/A Area 6,3905a.Ft. Shape RECTANGUlAR View Residential Soecific Zorino Classification R 1 A ZOrino DescriDlion SINGLE FAMILY ----."-.-- ------------- ------ ZOring ComnIance 171 legal n leoal NonconlomiOQ (Grandfathered Use) r l No Zorino n llieoal (describe) N/A --'--- Is the linhest and best use of subiect oroOertv as imoroved (or as oroposed per n1ans and soecifications) the present use? lXJ Yes n No ~ No, describe N/A lllIItIes Public Other (describe) Public Other (descrile) OIf-sIIe Improvements - Tvoe Public Private Electricity !Xl 0 Water !Xl rl Street ASPHALT 171 n Gas n Saritarv Sewer [8J rl Alley NONE rl Ii FEMA Special Rood Hazard Area I I Yes IX1 No FEMA Rood Zone C FEMA Map # 1201960004C --~- FEMA Map Date 1,982 .. Are the utilities and off-site imoroyements tvoical for the market area? lXJ Yes I'l No ~ No. describe N/A Are there anv adverse s~e conditions orexlemal factors (easements. encroachments, environmental conditions, land uses, etc.)? LJ Yes [g] No If Yes, describe NO APPARENT ADVERSE EASEMENTS OR ENCROACHMENTS. NO FORMAL SURVEY WAS NOT AVAILABLE FOR REVIEW. .-- -'-"-~--~ - .n__...____________.,..._._.___ ..----------------- Genu FOIIIIdallan EIlIriar- lIIlIlerWt/CClll1llllotl 'interior _.-ICClIlCIItion Urils !Xl One r l One with Accessory UriI IIXI Concrete Slab r l Crawl Soace Foundation Walls CBS/GOOD Floors TILE/GOOD # of Stories 1 l Full Basement r l Partial Basement Exterior Walls CBS/GOOD Walls DRYWALL / GOOD TYpe 171 Del. r l An. I'l S-DetJEnd Unit Basement Area N/A sa.ft. Roof Surtace SHINGLE/GOOD T rim'Rnish WOOD/GOOD l Existino I l Prooosed 171 Under Const. Basement Firish N/A % Gutters & Downsoouts ALUM./GOOD Bath Floor TILE/GOOD - Desion IStvle) Ranch/Avo. l OUtside EntrylExil r l Sump Pumo Window Tvoe S.HUNG/GD Bath Wainscot TILE/GOOD Year Buil 2010 Evidence of I'l Infestation Storm SasMnsulated YES / GOOD Car Storane INane Effectiye AgeMs) 0 l Dampness o SelIIement Screens SCRN.lGOOD rxI Driveway # of Cars 2 Attic I' i None Heatino IXl PNA II l HWBB III Raliart Amerities r l Woodstovelsl # Driveway Surtace CONCRETE 171 Drop Stair " Stairs lOther IFuel ELECTRIC 1 Fireolace(s) # IXI Fence !Xl Garage # of Cars 1 l Floor i l Scuttle Coolno IXI Central Air Conditiorino 1 PatiO/lleck 171 Porch l Carnort # of Cars o Finished o Heated o Individual Il'l Other o Pool o Other cg] An. D Det. D BuiR~n Aoolances rx1 RefiiOerator [8J Range/Ovencg] Dishwasher ~ DisDllSa"!Xl Microwave cg] WasheriDryer o Other (describe) Finished area above ~rade contains: 5 Rooms 3 Bedrooms 2 Bath(s) ----- 1,358 Square Feel of Gross living Area Above Grade ~ Additional features TsDecial enerov efficient ~ems, etc} TYPICAL ENERGY ITEMS _._---~----,-_. .-----.-,....---- Describe the condition of the orooertv CinckJdino needed reoairs dEterioration. renovations. remodelno, etc.). NO APPARENT EXTERNAL OR FUNCTIONAL OBSOLESCENCE. SUBJECT IS NEW CONSTRUCTION AND NOTED TO BE IN GOOD CONDITION. NO NOTED DEFERRED MAINTENANCE ITEMS. THE SUBJECT IS NEW CONSTRUCTION AND NEAR COMPLETION. FOR THE PURPOSE OF THIS REPORT WILL__ BE APPRAISED AS COMPLETE. -~..._-_.__.._.- ~ _._------.- ---.--- - --------.- - -_.._---._--~--'" - _...._._.._n __ ___________._ Are there anv ohvsical deficiencies or adverse conditions that affect the ivability. soundness, or structural intearily of the oroDerty? o Yes ~ No ~ Yes, describe _n ____._~__~__.,.~_.,__~____ .-..------- -- '---'-- -----'..-. ---------- ---- .------- ~ Yes [J No If No, describe ._.u___________ Does the property generally conform to the neighborhood (functional utility, style, condition, use, constRIction, etc.)? I - .--------- - '---'-j - 4 I STARK & STARK REAL ESl ATF APPRAISAL INl U 'f .IA IR rt R 'd Freddie Mac Form 70 March 2005 Page 1 of 6 Form 1004 - "WinTOTAL" appraisal software by a la !node, inc. -1-800-ALAMODE [Main File NQ.,J 0-01 tilX<me_ff:3 10-0lfj Fannie Mae Form 1004 March 2005 IMain File No.1 0-0161 Paae #41 10-016 Uniform Residential Aoora sal Reoort Fie# 10-016 There are 45 co~rable PlDper1ies ClITerilv oIlered for sale in the subject l1IIiahborhood raooioo in Drice from $ 50000 to $ 200.000 There are 20 cOll1llarable sales in the subiect neiglilorhood willin the cast twelve morths ralKillll in saleDrice from $ 35 000 to $ 145 000 FEATURE I SUBJECT COMPARABLE SAlE # 1 COMPARABLE SAlE # 2 COMPARABLE SAlE # 3 Adms 210 NW 7th Court 919 nw 1st Street 111 NW 6th Avenue 315 SW 2nd Avenue Bovnton Beach Fl33435 Bovnton Beach FL 33435 Bovnlon Beach FL 33435 Bovnton Beach FL 33435 PnDdnitvtoSubiect p.", 0.19milesN 0.12mUesE 0.52 miles S Sale Price $ N/~ '",' ,Cl$ 139900"',1$ 90000P '1$ 125000 SaJePricelGross liv. Area $ sa.1t. $ 121.86 !l(I.ft.' $ 67.67 so.It.1 }i") $ 106.02 siti}i ," llat3 Scuce(s) "EXTERIOR INSPECTION EXTERIOR INSPECTION EXTERIOR INSPECTION V8ificallcn Scuce!s\ ' i, '.(, ',i, -....."""'" ,.",.,,,,, I, """PI". +c-"_ Sales or Rnancing" FHA Clmlssions : . NONE Date of Salel1ime ,) {i 1012009 location AVERAGE AVERAGE leaseholdJfee Simole Fee Simole FEE SIMPLE SlIB 6390 5o.Ft. 7819 S.F. View Residential RESIDENTIAL Desion !SlVlel RanchlAIIO. RanchlAIIO. IlDIlVof Construction AVERAGE AVERAGE Actual Aae 0 2 ConditIon GOOD SIMIlAR Above Grade TdalIBttms.1 BiIIIIs ToIallBmns.1 BiIIIIs RoornCourt 5 I 3 I 2 5 I 3 I 2 Gross Willi Area 1 358 sa.1t. 1 148 sa.!t Basemeri & Rrished NIA N/A Rooms Below Grade N/A N/A Ftn:IionaI Utiltv AVERAGE AVERAGE Heatina/Cooina CENTRAL CENTRAL ~ I E/Bfav.Efficieri ttems TYPICAL TYPICAL : Garage,lCallJOrt 1 Car Garaoe 1 Car Garaoe . l'1IrcM'atiot1leck PORCH PORCHIPATIO . . NONE DESCRlPTlON CASH NONE -5 600 12/2009 AVERAGE FEE SIMPLE -1 000 15682 S.F. RESIDENTIAl RanchlAIIO. AVERAGE 60 INFERIOR TdaI I Bmns.1 BiIIIIs 5 I 3 I 2 1 330 sa.lt. +I-l $ AdiUSiiiBrt DESCRlPTlON FHA NONE -1 800 9/2009 AVERAGE FEE SIIiIFLE -4 600 14394 S.F. RESIDENTIAL Ranch I AV<'!. AVERAGE +1000049 +10000 .INFERIOR TOI3IIBmns.1 BiIIIIs 5 I 3 I 2 1 179 so.lt. +(-\ $ Adjustment -6 200 -4 000 +10000 +10 000 +6 300 N/A N/A AVERAGE WALL TYPiCAl CARPORT PORCHIPATIO NONE +840 NIA NIA AVERAGE CENTRAL TYPICAL +3 000 CARPORT PORCHIPATIO NONE +5 370 +3000 . Net t\diuslmeri (J olaO r 1 + IX'I - $ -300 IX1 + r 1 - $ Adjusted Sale Price "", Net Adj. 0.2 % Net Adj. 19.4 % 01 Comparables "" Gross Adi. 9.2 % $ 139600 Gross Adi. 33.6 % $ . I lXIeld I I did lid research the sale ortransler historY of the subiect orooertv and comDarable sales. ~ not, explain 17'440 ~ + 1'1 - $ Net Adj. 14.5 % 107 440 Gross Adi. 30.9% $ 18 170 143 170 My research IX1 did r 1 did not reveal3IW Drior sales or translers 01 the subiect orooertv for the three vears onor to the effective date of lIisaoorWsaL Data SolJ"ce(s ISC PUBLIC RECORD. My research l did !Xl did not reveal any Drior sales or translers of the comoarable sales for the vear onor to the date of sale of the cORllarable sale. Data Scuce(s ISC 1 PUBlIC RECORD Report the results 01 the research and analysis of the Drior sale or transfer tistorv of the subiect prooertv and cORllarable sales Irf!l1/lrt additional nnor sales on nane 3\. ITEM SUBJECT COMPARABLE SALE #1 COMPARABLE SALE #2 COMPARABLE SALE #3 Date of Prior SalelTransler 812009 712009 NIA NIA Price of PriorSalelTransfer $60000 $123585 NfA NIA om SoureeIs\ PUBLIC RECORD IISC PUBLIC RECORD fiSC PUBLIC RECORD IISC PUBLIC RECORD fiSC EfIecM Dale of Data Source!sl 2/812010 2/812010 2/812010 2/812010 AnalYsis 01 Drior sale or transfer tiSlorv of the subiect proPerlY and comoarable sales NIA of Sales Comoanson Anoroach I have reviewed a statistlcal ana""'is conducted bv Real Quest to detennine the current and orevious vears median sale nrice and mice oer so It for homes in the sublects market area. The current median sale orice is $98.478 with the once oer SF @ I $86.84 and the orevious vearwas $146 857 wth $121.58 oer SF' have made a time adlustment of .1% ner month for the comnarable sales. Estimated market value is suooorted bv al sales. These are the most recent sales avaDable in the subiects market area. Sale data was limited. A search for more new construction sales In the immediate area was nemltive. Indicated Value by Sales COIl1larison Approach $ 125 000 lndi;Iled Value bY: Sales Approach S 125 000 Cost ADaroach (if dl!VelClllld\ $ 166.740 Income ADomecII (it developed) $ FINAL RELIANCE PLACED ON THE MARKET AND SUPPORTED BY THE COST APPROACH TO VALUE. PLEASE SEE ATTACHED L1MmNG . CONDmONS. Cost armrnach exceeds the market due to foreclosure a<:livitv. . T1is appraisal is made 0 'as is', i:8J subject to c~eIion per plans and specifications on the basis 01 a hypothetical condition that the improvements have been completed, 0 subject to the following repairs or alerations on the basis 01 a ~otheIical condition \hat the repailll or atterations have been comoleed, or 0 subject to the . loIo\WllII reotired insoecticn based on the extraordinarv assumotion that the condition or deliciencv does I1IIl reotire atteration or reoair: ADJUSTMENTS WERE MADE FOR KNOWN DISSIMIlARITIES. THE INCOME APPROACH IS NOT CONSIDERED APPLICABLE. IlIRCI on a complele visual inllllCtlon of the interior and exterior areas of the su~ 1II'OIIIltY. defined scope of work, statement of assumptions and limiting condIlIons, and ilppralser's certlficatlon, my (our) oplnIon of \hema1letvalue.asilellried; of Die real property that is the subject of this report is $ 125,000 as of 2/812010 whlc:h Is the date of liJsoecllon and the effective date of this IDlII'aisaL Freddie Mac Fonn 70 March 2005 Page 20f6 Fannie Mae Fonn 1004 March 2005 Form 1004 - 'WinTOTAL' awraisal software by a Ia mode, inc. -l-800-ALAMODE \\!f~'" ,<"".1. ~'" .' ,ft'!;::"..\.:If~:~' >~~~~~\ " '~~ctY~T8~~CRA . East Side-West Side....Seaside Renaissance Homebuyer Assistance Program (HAP) 2009/2010 The Boynton Beach Community Redevelopment Agency (CRA) recognizes that the future economic health of the City of Boynton Beach depends upon the sufficient supply of housing priced for working families. As housing prices climbed by double digits in 2005-2006, many families were priced out of the housing market. Due to rapid housing appreciation while salaries and income increases stagnated, the number of low and moderate income families who can afford to buy homes has decreased. In an effort to assist more families, the CRA has implemented the Homebuyer Assistance Grant (HAP) Program. These program funds can be layered with other homebuyer assistance subsidy funds such as SHIP, HOP, etc. The maximum HAP grant award to an eligible very low applicant is $50,000.00, a low income applicant is $40,000.00, and the maximum HAP grant award to an eligible moderate income applicant is $30,000.00. Program Guidelines I. Annual grant funds are limited. Grant funding is awarded on a fIrst-come, fIrst-approved basis unless the applicant meets a preference condition set forth below under items 9, 10 or 11. 2. Grant awards require CRA Board approval as part of the application process and prior to the release of funding. Approved Grants must be expended within six months of CRA Board approval. Grant awards not expended within the six months timeframe will be forfeited and the grant terminated. 3. Applicants must meet all of the qualification criteria of the Homebuyer's Assistance Program. Qualification of applicants will be determined by CRA staff or a Community Housing Development Organization (CHDO). If an applicant is working with a CHDO or the City of Boynton Beach, a request for HAP funds must be made on the applicant's behalf by either the City or CHDO. Application packages can also be submitted by a lender. 4. Applications must be submitted along with the following information in order to be processed: · Copy of Personal Identification for each signing applicant. · Copy of birth certificates for each member of the household under 18 years of age. · Copy of Homebuyers Education Program certificate. · Copy of Lender' s Verification of Employment form dated within 4 months of application for each working member of the household over 18 years of age. · Statement of No Income form for anyone living in the household over the age of 18 not employed. · Copy of most recent year's Federal Income Tax Return. · Signed copy of mortgage application - 1008 & 1003 forms. · Copy of executed Loan Commitment. · Copy of executed Sale & Purchase contract for home. · Copy of property appraisal of home to be purchased. - 1 - 5. Family income must not exceed 120% of median household income for Palm Beach County as sel !"\ HUD in the year of application to the program. 6. Purchase Price New - Not to exceed $280,462 Existing - Not to exceed $280,462 New Home Construction Loans- in certain cases where the eRA has supplied the vacant lot, the value of the City/CRA lot awarded to homebuyer is excluded from the CRA/City subsidy amount, but is included in the permanent mortgage encumbrance. 7. Eligible Properties include existing, single-family homes, construction of new single-family homes. townhomes and condominiums located within the CRA district boundaries (see attached map). 8. Use of Funds: a. Down payment and closing costs. b. Rehabilitation costs (if required to bring the home up to code) 9. Families with dependent, minor children will receive preference. 10. Persons working within the City of Boynton Beach will receive preference. 11. Applicants employed in the "essential services" sectors (educators, police, firefighters, healthcare workers and skilled building trades) will receive preference. 12. Income from all adult members of the household will be included in the computation of gross income. 13. The total of public subsidy funding shall not exceed 20% for moderate income buyers, 30% for low and 40% for very low income buyers of the purchase price for the home. The actual amount of funding awarded shall depend upon the funding gap. In no case shall CRA funding be awarded above the funding gap amount of $50,000.00 for very low, $40,000.00 for low and $30,000.00 for moderate income eligible applicants. Example # 1 : Moderate Income Household Purchase Price of Home Closing Costs Maximum Mortgage Amount Maximum SHIP Down payment Funding Gap - CRA HAP funds Percent of Public Subsidy Example #2 Low Income Household Purchase Price of Home Closing Costs Maximum Mortgage Amount City's Maximum SHIP Down payment Funding Gap - CRA HAP funds Percent of Public Subsidy $ 60,000 $280,000 $ 5,000 $213,77] $ 50,000 $ 2],229 25% $ 40,200 $280,000 $ 5,000 $164,700 $ 75,000 $ 45,300 43% - 2 - 14. Projected housing costs, including mortgage, interest, taxes, insurance and homeowner's association fees shall not exceed 30% of gross household income or whatever the primary lender determines. The maximum total debt ratio (total housing expenses plus other monthly debt obligations) shall not exceed 40% of income unless otherwise approved by the lender. Example #1 Moderate Income Gross Monthly Income Mortgage Payment (incl. taxes & insurance) Other Debt Housing Expense Ratio (not to exceed 35%) Overall Debt Ratio Example #2 Low Income Gross Monthly Income Mortgage Payment (incl. taxes & insurance) Other Debt Housing Expense Ratio Debt Ratio $60,000 $ 5,000 $ 1 ,282 $ 500 27% 35% $ 40,200 $ 3,350 $ 987 $ 300 29% 38% 15. Applicants must be first time homebuyers, with no previous homeownership within the past three years at the time of application. Falsifying this information will result in forfeiture of any and all grant funding. 16. Applicants are required to contribute a minimum down payment of three percent (3%) of the home's contract price toward the purchase of the home. 17. Funds shall be in the form of a 0% interest, second mortgage behind the first mortgage. If the City's SHIP funds are used and in a greater amount than CRA HAP funds, CRA funds will be secured in the form of a third mortgage behind the City of Boynton Beach's encumbrance. Resale of the home will require repayment of the CRA subsidy amount at time of closing in compliance within the terms and conditions of the Promissory Note and Grant Agreement. 18. Refinancing of the property at 100% of the original purchase price will result in repayment of CRA funds in full and in compliance with the terms and conditions of the Promissory Note and Grant Agreement. 19. Families who receive CRA Homebuyers Assistance shall occupy the residence for the term of the first mortgage. If the residence is leased and no longer occupied by the recipient of CRA funds, any and all CRA grant funds given at the time of purchase shall become due and payable in full. Families that receive assistance shall submit proof of residency to the City and CRA annually by the anniversary of the closing date. The accepted form of proof is a utility bill showing the program recipients name and address. Failure to comply will result in the CRA funds becoming due and payable. - 3 - ~ 20. Upon sale at: the property at any time during the duration of the first mortgage term the owner must repay 100% afthe HAP grant amount to the eRA. Example: Original home price: Mortgage CRA Funds New Sales Price @ yr 6; 1"1 Mortgage Payoff GTant funds to be repaid to eRA Equity to Buyer $180,000 $130,000 $ 50,000 $210,000 $120,000 $ 50,000 $ 40,000 . 2 J . The eRA shall reserve the right-of~f1Tst-refusa1 to purchase the property at the fair market appraised value within 45. days ofwritten notice from the property owners. lithe eRA chooses not to pW'cbase the property at the fair merket value or elects not to exercise their first right of refusal, the property ownerwiJJ be notified in writing. 22. Application to the program is no guarantee of funding. All decisions are subject to approval oftbe eRA Boaro and availability of funding. Applicants acknowledge by signing below, that they have read the Housing Assistance Program Guidelines and hereby agree to the tenus of the program and application process. Applicant Signa~ Date: ~ 1'1/r6' Applicant Signature w~ {/ Date: ~/ '1 110 [ I - 4 - BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY HOMEBUYER'S ASSISTANCE PROGRAM APPLICATION Date: .2 .;)..,t,p. J D Name/s of Applicantls: " . i " ~.-::#"~/1 ~ l/AJ.$l'-.IC/A S~~ A:N~ --r u~rr-n-c..lP Current Address of Applicantls: :ABc-I, A..LB~.e~::' Ri>. #;.,V hr::;L..K~ ~.A,r./"!l R-. 33'-14- (j Address of Property To Be Purchasc;q: at D N.i~ "j '/1{ A0E. ----:.t:o~~;.'::J t=-- L 2>3(f..3$, Phone Number: Lsa....,\ 2> x:'",9'D3S" Cell Phone Number: U"f.., J) .,;). 71 - J 7V ~ -- \1 '-tL\Etuc:./ 0. E-mail: Total Ann1:lal Hou*hold}ncome (must be verified with income tax returns, social security statement or pay stubs) $ ~ g I ~ S~ How many members living in your household? 5' Please list their names, ages and relationship to applicant: Name: ~ ~ ~ Age: i~ Relationship: bAJ...:J to:. 1..f'T"'iE1f...- Name:&VIt0171Y5JI1 ~,ctJ Age: '3 Relationship: C(;)~JtV Name: Q.vl JVi'If::A 1!JiztJ(.,.<0,N Age: ~ Relationship: CtX-'SJIV Name: Age: _ Relationship: Name: Age: _ Relationship: NO/ Has anyone in your household owned a residence within the past year? Yes -5- CERTIFICATION AND WAIVER OF PRIVACY: The applicant(s) certify that all infonnation presented in this application, and all of the infonnatian furnished in support of the application, is given for the purpase af obtaining funding under the Boynton Beach Community Redevelopment Agency Housing Assistance Program, and it is true and complete to. the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fme and/ar imprisonment for making false statements ar presenting false infonnation. I hereby waive my rights under the privacy and confidentiality pravisian act, and give my cansent to. the Boyntan Beach Cammunity Redevelopment Agency Hausing Assistance Program, its agents and contractors to. examine any confidential infarmatian given herein. I further grant permission, and autharize any bank, employer or other public or private agency to. disclose informatian deemed necessary to complete this applicatian. Applicants acknowledge by signing be law, that they have read the Housing Assistance Program Guidelines and hereby agree to. the terms of the program. ~ Signature VA-tervc.tA ~ A-~~ Print Name: ~ Applicant: Nam~ - dfE::rZ~-A-urp AV~ Print Name: Date: :61 a) /0 I Date: -:d.) a if 0 . I - 6 - ._"....."..".....,."....~,"__.~..."'..,,"""'"~._~~,;jj!~~1t<4lij:i~a~<ll';'i,:ihL~~~~Mh~~I~:'~":;.--'~1iB.~,..,ii"i'.....~~i" 11' ' "j.."''''~.;",.u.:~'''~'..'~Tc~~...''"'''~.i:,~,~~;~ VI. CONSENT AGENDA: L. Approval of Funding $50,000 from the Homebuyers Assistance Program to Charlene Edwards I 'b'.... f/-. ,""'" ~~~<!y~T2~ eRA Ii East Side-West S,de-Seaside RenaISsance eRA BOARD MEETING OF: April 13, 2010 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of grant funding for Charlene Edwards of up to $50,000 from the Homebuyers Assistance Program. SUMMARY: Charlene Edwards is purchasing a newly constructed 1,436 sqft, 3 bedroom/2 bath single family home located at 228 NW 7th Court for the contract price and appraised value of $130,000. The Edwards household income has been certified as "very low income" as per HUD 2009 guidelines. Ms. Edwards will execute the required CRA HAP program documents which stipulate that CRA grant funds are to be repaid in full in the event the property is sold within the 30 year term of the first mortgage. FISCAL IMPACT: Up to $50,000 from Line Item 02-58300-421. RECOMMENDATIONS: Approve up to $50,000.00 from the Homebuyers Assistance Program to assist Charlene Edwards in the purchase of 228 NW 7th Court, subject to the execution of the CRA's mortgage, note and agreement at the closing of the property. if~~ Michael Simon Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Edwards HAP.doc STARK & STARK REAL ESTATE APPRAISAL INC !&1ain File No.JQ:!2WlP~i':J) morm eSI enla ppralsa apo File # 10-018 The plllJlose of this summaJY appraisal report is to provide the lender/cHent with an accurate, and adequately supoorted, opirion of 1he markm valle of the subject property. Prooertv Address 228 NW 7th Court Citv Bovnton Beach State FL ~D Code 33435 Borrower Owner of Public Record Habftat for Humanitv County PALM BEACH --- leilal Descriotion Bovnton Hills Lot 116 Block C ~-~._---- .--- Assessors Parcel # 08-43-45-21-07-003-1160 ---~_._---~ Tax Year 2009 R.E. Taxes $ 852.00 ._-~_.-..- Neighborhood Name Bovnfon Beach Map Relerence 307 Census Tract 61.00 Occuoart n Owner r 1 Tenant r 1 Vacant Special Assessments $ N/A --.,.-- .---- o PUD HOA$ _n_.. uD. per year [l per month .. Prooertv Riahts Annraised IX'I Fee SimDle T 1 Leasehold n Other (describe) N/A ,--..---.-.-,-.-..'..-- Assianment TVDe IXJ Purchase Transaction Tl Refinance Transaction 11 0Iher (describe) N/A Lender/C68Jt Habitat for Humanitv Address 181 SE 5th Avenue Delrav Beach Florida 33483 ._- Is the sublect prooertv currentlv offered for sale or has il been offered for sale in the twelve months prior to the effective date of this appraisal? [2J Yes DNa --..--- Reoort data sourcels1 used. otferinn nricels!, and daters). Habftat for Humanitv --.---.-.--.--- -_._-- -- --~------_._-_.- -._-- .,-~._-_..-. -- I 0 did [2J did not analyze the contract for sale for the subjecI purchase transaction. Explain the resu"s of the analysis of the contract for sale or Why the analysis was not oerformed. N/A ---_._---_._.._'~.---._._._.-...- : contract Price $ N/A Date ot Contract N/A 'Is the prooerty seller the owner of pubic record? 5<1 Yes 11 No Data SourceTs) Habitat for Humanitv Is there any financial assistance Qoan charges. sale concessions, gift or downpayment assistance, efc.) 10 be paid by any party on behaff of the borrower? DYes ~ No . If Yes, report the fotaf doHar amount and describe the ~ems to be paid. N/A -,._~.-. -~-_..~.__._,- -- - -_.--~-'-----'-'-- .~.._- .'-- - ----------- - ~~._------~_._- ._--_..__._.._--~--- Note: Race and the racial colllllosilion 01 the neiohborhood are not appraisal factors. Ii,.,:' :: ,;~~gl.@ij\oodClili'i!Ctenstfts-' Onit'Unlt'HoilSiil Trends ,', Onrlll1\t Housmchi "~eiil.landuse~ location n Urban 5<1 Suburban n Rural Prooerty Values [J Increasing r Stable fXI DeclJino PRICE AGE One-Unit 70 % . Buil-Uo 5<1 OVer 75% n 25-75% TI Under 25% Demand/Supply [J Shortage r In Balance fXI Over Suooly $ (000l (yrs) 2-4 Unit 10 % : Growth n Ranid 5<1 Stable TI Slow Marketing lime il Under 3 mths r 3.6 mths IX1 Over 6 mths 35 low 5 Mulli-Familv 10 % . Neiohbomood Boundaries The subiects boundries are as follows: 1-95 on the west, Federal Hiohwav on 145 Hioh 60 Commercial 10 % ~ the east. Bovnton Beach Blvd. on the south and Hvooluxo Road on the north. 95 Pred. 45 other % Neighborhood Description The subiect is located in an area conslstina orimarifv of smaH to medium size sinale famDv homes, Most orooerties are adeauatelv maintained. Market aooeal is aVeraae. The subiect is located close to \voical amenities souoht bv this arouo of owners. There are no known unfavorable factors to adverselv affect the subiects marketabDftv. Market Conditions fincludil1oSllnDort for the above conclusions Sales within the sublect market area have been reviewed and there is evidence of dedine. There is an over sunnlv on the market. marketino time is increasinQ and askino prices are dronnino. Noted foreclosure activttv in the subiects market area has a neoative affect on the subiects current marketability. DimensiOllS N/A Area 6 390 So.Ft. Shape RECTANGULAR View Residential ,-- Soecific Zorino Classification R1A Zoning Descriotion SINGLE FAMILY Zoring Comoiance 5<1 Leoal n leoal Nonconformino (Grandtathered Usel n No Zonino r Hleoal (desClibel N/A --------- ---------- Is the hiohest and best use of subiect orooertv as improved lor as prooosed per olans and soecifications) the oresent use? IXI Yes n No If No, describe N/A Utiities Public 0lI1er (describel Public Other (describe) ~site Improvements' Type Public Private Electri city iXI 0 Water [2J 0 Street ASPHALT IZJ LJ Gas Il n SanitaiY Sewer [20::] 0 Alley NONE D r I ------ FEMA Soecial Rood Hazard Area nVes IX! No FEMA Rood Zone C FEMA Map # 1201960004C FEMA Map Date 1,982 .....-.-- Are the uti61ies and off-site imorovements-tvDical for the market area? IX1 Yes I I No If No, describe N/A ,- Are there anv adverse site conditions or external factors (easements, encroachments, environmental conditions, land uses, etc.)? DYes [2J No It Yes, describe -~ NO APPARENT ADVERSE EASEMENTS OR ENCROACHMENTS. NO FORMAL SURVEY WAS NOT AVAILABLE FOR REVIEW. -- --. --- _~.~__ '_"~~m_~'_"__ ~-_. ~ "--~ ----~.._---..__..,_._----_. -.-.. ---~-_.._---- GeneralDesCiiiltlilri:: '. Foundation Exterior DescriDtion' , materialS/caridiOD" lriterior materiills/condilion Units 5<1 One n One with Accessorv Unit 15<1 Concrete Slab [J Crawl Space Foundation Walls CBS/GOOD Roors TILE/GOOD # af Slories 2 1 Full Basement Il Partial Basement Exterior Walls CBS/GOOD Walls DRYWALL I GOOD Tyoe 5<1 Del. n Atl. il S-DetJEnd Unit Basement Area N/A sa.ft. Roof Surface SHINGLE/GOOD Trim/finish WOOD/GOOD 1 Existinn n Prooosed 5<1 Under Const. Basement finish N/A % GulIers & Downsoouls ALUMJGOOD Bath Aoor TILE/GOOD Design IStvle1 Ranch/Avo. 1 Outside EntiYfExit o Sump Pump Window T vpe S.HUNG/GD Bath Wainscot TILE/GOOD Year Buitt 2010 Evidence of r 1 Infestation Storm SasMnsutated YES / GOOD Gar Storaae , I None Effective Age (Yrs) 0 pO SeIllement Screens SCRN./GOOD RI Drivewav # of Cars 2 Attic rl None FWA ill HWBB If I Radiant Amenities I 1 Woodstove s # Drivewav Surface CONCRETE Drop Stal r o Stairs Other I Fuel ELECTRIC l fireplace(s) # IXI Fence 5<1 Garaoe # 01 Cars 1 l Roar rl Scuttle Cooinn 5<1 Central Air Conditioning 1[Xl PatiO/Deck iXI Porch 1 Camort # of Cars l finished o Heated o Individual 10 Other D Pool o Other 5<1 Alt. ODer. D Buin.in Apolances I5<:l Refrigerator 5<1 Ranga/Oven l5a Dishwasher rzJ Disposal ~ Microwave [2J WasherlDryer o Other (desClibel finished area above orade contains: 5 Rooms 3 Bedrooms .._..5._ Bath(s) ... 1,436 Square Feet of Gross Living Area AbD'le Grade ~ Additional features ISDecial enerov efficient items, etcl TYPICAL ENERGY ITEMS ---- ~- --,----_._,_.._.._.__.__..~---------- DesClibe the condition of the oroDeItv flncludinaneeded renairs, deterioration renovations remodeHno. etc.\. NO APPARENT EXTERNAL OR FUNCTIONAL - OBSOLESCENCE. SUBJECT IS NEW CONSTRUCTION AND NOTED TO BE IN GOOD CONDITION. NO NOTED DEFERRED MAINTENANCE ITEMS. THE SUBJECT IS NEW CONSTRUCTION AND NEAR COMPLETION. FOR THE PURPOSE OF THIS REPORT WILL BE APPRAISED AS COMPLETE. '---~ _...- -~-~- ,,~'----'---" .._~,._> ---- ----.--'--'--' --.---.. --.--.. ~...-----. Are there any ohvsical deficiencies or adverse conditions that affect the Hvability, soundness, or structural integrity of the property? [J Yes [2J No If Yes, describe _.- ._-------"-------- ~ . - ._~--'"._-- .--.-..- -"'-"----'.-"".. -..---- -----,--_.,-.-_.,.-,- ~..'--'-'- ~- -- ._---~-----~._----~---,.~_..__._----- Does the property oeneral1v conform to the neiahborhood (functional utility, style, condition, use, construction, etc.)? [2J Yes D No ---- II No, describe ---.- ----- --.------------------ U "f R 'd f 1 A IR rt 10-018 Freddie Mac Form 70 March 2005 Page 1 of Ii Fannie Mae Form 1004 March 2005 Form 1004 - "WinTOTAL" appraisal software by a la mode. inc. -1-80G-ALAMODE m orm .es entia ~ppralsa apo File # 10-018 There are 45 co~arable oroDlll1ies currentl offered for sale in the subject neiohbormod ~no in price Irom $ 50 000 to$ 200 000 There are 20 comoarable sales in the subjel: neighborhood within the past twe~e morths ranoillllln sale price from $ 35 000 10 S 145 000 FEATURE I SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address 228 NW 7th Court 919 nw 1st Street 111 N\N 6th Avenue 315 SW 2nd Avenue Bovnton Beach. FL 33435 Boynton Beach. Fl 33435 Sovnlon Beach FL 33435 Bovnton Beach FL 33435 Proxlmitv to Sulliect 0.20 miles NE 0.18 miles E 0.52 mlles S Sale Price 1$ N/A "':';;-1$ 139900 ",/" ,,"">,Y';:'''~I$ 90 000 $ 125,000 Sale PricalGross Uv. Area 1$ sa.ft. $ 121.86 sa.ft./:' .'i: S 67.67 sa.ft. $ 106.02 sa.ft~'"j;L",}, ~,,~, Data Source(s) EXTERIOR INSPECTION EXTERIOR INSPECTION EXTERIOR INSPECTION Verificatlcn Source(s\ ;..<, .;';';":,"; VAWE ADJUSTMENTS ~- DESCRIPTION +1-\ $ Adiustmelt DESCRIPTION +(-\ $ Adiustment DESCRIPTION +I-) $ Adjustment Sales or Financing FHA CASH FHA Concessions NONE NONE NONE Date of Sab'TIrne 10/2009 -5 600 1212009 -1 800 912009 -6 200 Location AVERAGE AVERAGE AVERAGE AVERAGE LeaseholdlFee Slmole Fee Simole FEE SIMPLE FEE SIMPLE FEE SIMPLE Slfe 6 390 SQ.Ft. 7819 S.F. -1 ODe 15682 S.F. -4 600 14394 S.F. -4,000 View Residential RESIDENTIAL RESIDENTIAL RESIDENTIAL Deslon (Styfel Ranch/Ava. Ranch/Ava. RanchlAw. Ranch / AVQ. Quality 01 Construcllon AVERAGE AVERAGE AVERAGE AVERAGE ACluaI Age 0 2 60 +10000 49 <-1Q,,000 CoOOitiOll GOOD SIMILAR INFERIOR +10000 INFERIOR +10000 Above Grade Tatal IBdtms.lBaths TllIal.!Bmns.1 Balbs TlDIlBdnns.IBaths Total IIl4ma.I Balbs Room Court 5 I 3 I 2 5 I 3 I 2 5 I 3 I 2 5 I 3 I 2 Gross LMno Area 1 436 sa.ft. 1,148 sq.ft, +8 640 1 330 sQ.ft. +3.180 1 179 sa.ft. <-7.710 Baserneol & Finished N/A N/A N/A N/A Rooms Below Grade N/A N/A NIA N/A Functional Utifitv AVERAGE AVERAGE AVERAGE AVERAGE HeatinWCoofino CENTRAL CENTRAL WALL CENTRAL Enerw Efficient Rems "TYPICAL TYPICAL TYPICAL TYPICAL GaraoelCaroort 1 Car Garalle 1 Car Garalle CARPORT +3000 CARPORT +3 000 PorchJPatlOItleck PORCH PORCHIPATIO PORCHIPATIO PORCHIPATlO . NONE NONE NONE . Net Adlustment IT alai) ;;,:..'.::/;",,",. "';\: ~ + fl. $ 2040 ~+ LJ. $ 19780 I)() + r 1. $ 20510 Adjusted Sale Price j''''l':;',:,''','j:;;,''; Net Adj. 1.5 % Net Adj. 22.0 % Net Adj. 16.4 % of Cornparables Gross Adj. 10.9% $ 141 940 Gross Adj. 36.2 % $ 109,780 Gross Adj. 32.7 % $ 145.510 . I IXI did I J did not research the sale or transfer history 01 the subject property and comparable sales. If not, explain I My research tXI did rJ did not reveal any prior sales or transfers of the subject property lor the three years prior to the effective date 01 ttis aooraisaf. Data Sourcels ISC PUBLIC RECORD. I My research l did !Xl did not reveal any Prior sales or trans1ers of the comparable sales for the year prior to the date of sale 01 the comoarable sale. Data Source(s .\SC I PUBLIC RECORD f!BJlllrt the results of the research and ana~sis 01 the prior sale or transfer historv of the subject property and cOlT1larable sales {renOr! additional prior safes on paoe 3}. ITEM SUBJECT COMPARABLE SAlE #1 COMPARABLE SALE #2 COMPARABLE SALE #3 Date 01 Prior SalelTransfer 8/2009 712009 N/A N/A Price of Prior Salll/Transler $60 000 $123 585 NfA N/A Data Sourcels\ PUBLIC RECORD /ISC PUBLIC RECORD /ISC PUBLIC RECORD /ISC PUBLIC RECORD IISC EffBdlve Date 01 Data Source's\ 21812010 2/812010 2/8/2010 2/812010 I AnalVsis of orior sale or transfer listorv 01 the subiect proolllv and COfl1l arable sales N/A Summary 01 Sales Comnarison Aooroach I have reviewed a statistical analvsis col1ducted l!y Real Quest to determine the current and orevious Years median sale mice and orice oer so ft for homes in the sublects matket area, The current median sale orice Is $98.478 with the orice oer SF @ I $86.84 and the orevious vearwas $146 857 wtl!$.121.58 oer SF 1 have made a time ad'uslment of .1% oer month for the comoarable sales. Estimated market value Is suooorted by aD sales. These are the most recent sales avaUable in the sublects market area. Sale data was limited. A search for more new construction sales in the immediate area was neoatlve. Indicated VakJe bv Sales COII1Ilarison ADProach $ 130 000 indicated Value by: Sales Comoarlson Approach $ 130 000 Cost Aooroach (II developed) $ 175290 Income Approach (If developed) $ FINAL RELIANCE PLACED ON THE MARKET AND SUPPORTED BY THE COST APPROACH TO VALUE. PLEASE SEE AlTACHED LIMITING . CONDITIONS. Cost aocroach exceeds the market due to foreclosure adMtv. . Ttis appraisal is made 0 'as Is', (gl subject to complelion per plans and speclflcations on the basis 01 a I1ypolhdical condition that the Improvements have been ClIIljlleted. 0 subject to the lollowing repairs or akerations on the basis 01 a lrtPothBical condition that the repain; or aRerations have been completed, or 0 subject to the . foloWino reQuired Insoectioo based on the exlraordlnarv assumption that the coOOition or deflciencv does not reauire alteration or reoair. ADJUSTMENTS WERE MADE . FOR KNOWN DISSIMILARmES. THE INCOME APPROACH IS NOT CONSIDERED APPLICABLE. Based on a COI!l\IIeIa visual =Ion of tha interior and exterior areas 01 the subleel Jlf!lP:rlr; defined sc:ope of work. statement 01 assumptions and limiting conditions, and appraiser's flcallon, my (our) opinion of the market value, as i1ef1ned, of e real property that Is the 5lIb/act 01 this report is $ 130,000 as of . 2/812010 "which is the date of Insaect10n and the effectlva date of this 8Pllralsal. . Freddie Mac Fonn 70 March 2005 IMainFileNo.10-0181 Paoe#41 U 'f 10-018 R ld . IA IR rt Page 20f6 Fannie Mae Fonn 1004 March 2005 Fonn 1004 - "'MnTOTAl" appraisal software by a la mode. inc. -l-80().ALAMODE ,,'~j,~..... ",~.'-'<. /"]6'~:'" lI~~qY~T8~ 'c RA iii East Side-West Side-Seaside Renaissance Homebuyer Assistance Program (HAP) 2009/2010 The Boynton Beach Community Redevelopment Agency (CRA) recognizes that the future economic health of the City of Boynton Beach depends upon the sufficient supply of housing priced for working families. As housing prices climbed by double digits in 2005-2006, many families were priced out ofthe housing market. Due to rapid housing appreciation while salaries and income increases stagnated, the number of low and moderate income families who can afford to buy homes has decreased. In an effort to assist more families, the CRA has implemented the Homebuyer Assistance Grant (HAP) Program. These program funds can be layered with other homebuyer assistance subsidy funds such as SHIP, HOP, etc. The maximum HAP grant award to an eligible very low applicant is $50,000.00, a low income applicant is $40,000.00, and the maximum HAP grant award to an eligible moderate income applicant is $30,000.00. Program Guidelines 1. Annual grant funds are limited. Grant funding is awarded on a first-come, fIrst-approved basis unless the applicant meets a preference condition set forth below under items 9, 10 or 11. 2. Grant awards require CRA Board approval as part of the application process and prior to the release of funding. Approved Grants must be expended within six months of CRA Board approval. Grant awards not expended within the six months timeframe will be forfeited and the grant terminated. 3. Applicants must meet all of the qualification criteria of the Homebuyer's Assistance Program. Qualification of applicants will be determined by CRA staff or a Community Housing Development Organization (CHDO). If an applicant is working with a CHDO or the City of Boynton Beach, a request for HAP funds must be made on the applicant's behalf by either the City or CHDO. Application packages can also be submitted by a lender. 4. Applications must be submitted along with the following information in order to be processed: · Copy of Personal Identification for each signing applicant. · Copy of birth certificates for each member of the household under 18 years of age. · Copy of Homebuyers Education Program certificate. · Copy of Lender's Verification of Employment fonn dated within 4 months of application for each working member of the household over 18 years ofage. · Statement of No Income fonn for anyone living in the household over the age of 18 not employed. · Copy of most recent year's Federal Income Tax Return. · Signed copy of mortgage application - 1008 & 1003 fonns. · Copy of executed Loan Commitment. · Copy of executed Sale & Purchase contract for home. · Copy of property appraisal of home to be purchased. - 1 - 5. Family income must not exceed 120% of median household income for Palm Beach County as set h) HUD in the year of application to the program. 6. Purchase Price New - Not to exceed $280,462 Existing - Not to exceed $280,462 New Home Construction Loans- in certain cases where the CRA has supplied the vacant lot, the value of the City/CRA lot awarded to homebuyer is excluded from the CRA/City subsidy amount. but is included in the pennanent mortgage encumbrance. 7. Eligible Properties include existing, single-family homes, construction of new single-family homes, townhomes and condominiums located within the CRA district boundaries (see attached map). 8. Use of Funds: a. Down payment and closing costs. b. Rehabilitation costs (if required to bring the home up to code) 9. Families with dependent, minor children will receive preference. 10. Persons working within the City of Boynton Beach will receive preference. 11. Applicants employed in the "essential services" sectors (educators, police, firefighters, healthcare workers and skilled building trades) will receive preference. 12. Income from all adult members of the household will be included in the computation of gross income. 13. The total of public subsidy funding shall not exceed 20% for moderate income buyers, 30% for low and 40% for very low income buyers of the purchase price for the home. The actual amount of funding awarded shall depend upon the funding gap. In no case shall CRA funding be awarded above the funding gap amount of $50,000.00 for very low, $40,000.00 for low and $30,000.00 for moderate income eligible applicants. Example # 1 : Moderate Income Household Purchase Price of Home Closing Costs Maximum Mortgage Amount Maximum SHIP Down payment Funding Gap - eRA HAP funds Percent of Public Subsidy $ 60,000 $280,000 $ 5,000 $213,771 $ 50,000 $ 21,229 25% Example #2 Low Income Household Purchase Price of Home Closing Costs Maximum Mortgage Amount City's Maximum SHIP Down payment Funding Gap - CRA HAP funds Percent of Public Subsidy $ 40,200 $280,000 $ 5,000 $164,700 $ 75,000 $ 45,300 43% '") - ..:... - 14. Projected housing costs, including mortgage, interest, taxes, insurance and homeowner's association fees shall not exceed 30% of gross household income or whatever the primary lender determines. The maximum total debt ratio (total housing expenses plus other monthly debt obligations) shall not exceed 40% of income unless otherwise approved by the lender. Example #1 Moderate Income Gross Monthly Income Mortgage Payment (incl. taxes & insurance) Other Debt Housing Expense Ratio (not to exceed 35%) Overall Debt Ratio Example #2 Low Income Gross Monthly Income Mortgage Payment (incl. taxes & insurance) Other Debt Housing Expense Ratio Debt Ratio $60,000 $ 5,000 $ 1,282 $ 500 27% 35% $ 40,200 $ 3,350 $ 987 $ 300 29% 38% 15. Applicants must be first time homebuyers, with no previous homeownership within the past three years at the time of application. Falsifying this information will result in forfeiture of any and all grant funding. 16. Applicants are required to contribute a minimum down payment of three percent (3%) of the home's contract price toward the purchase of the home. 17. Funds shall be in the form of a 0% interest, second mortgage behind the first mortgage. If the City's SHIP funds are used and in a greater amount than CRA HAP funds, CRA funds will be secured in the form of a third mortgage behind the City of Boynton Beach's encumbrance. Resale of the home will require repayment of the CRA subsidy amount at time of closing in compliance within the terms and conditions of the Promissory Note and Grant Agreement. 18. Refinancing of the property at 100% of the original purchase price will result in repayment of CRA funds in full and in compliance with the terms and conditions of the Promissory Note and Grant Agreement. 19. Families who receive CRA Homebuyers Assistance shall occupy the residence for the term of the first mortgage. If the residence is leased and no longer occupied by the recipient of CRA funds, any and all CRA grant funds given at the time of purchase shall become due and payable in full. Families that receive assistance shall submit proof of residency to the City and CRA annually by the anniversary of the closing date. The accepted form of proof is a utility bill showing the program recipients name and address. Failure to comply will result in the CRA funds becoming due and payable. - 3 - 20. Upon sale of the property at any time during the duration of the first mortgage tenn the owner must repay 100% of the HAP grant amount to the eRA, Example: Original home price: Mortgage eRA Funds New Sales Price@yr6: 1st Mortgage Payoff Grant funds to be repaid to CRA Equity to Buyer $180,000 $130,000 $ 50,000 $210,000 $120,000 $ 50,000 $ 40,000 21. The CRA shall reserve the right-of-first-refusal to purchase the property at the fair market appraised v1jJue within 45 days of written notice from the property owners. If the CRA chooses not to purchase the property at the fair market value or elects not to exercise their first right of refusal, the property owner will be notified in writing. 22. Application to the program is no guarantee offunding. All decisions are subject to approval of the eRA Board and availability of funding. ~() '=l Applicant Signature Date: - 4 - BOYNTON BEACH COMMUNITY REDEVEWP:MENT AGENCY HOMEBUYER'S ASSISTANCE PROGRAM APPLICATION Date: ;;{ . ~ G:. . I D Nam~ of Applicant/s: E <...1 H AR.L-."E.AJ E.- _' hw I~~.s Current Address of Appli~tJs: ~ A .... / '/~O >>~ L'7: L1J&Ll3Q':j N~ EL ?>3'f.3S' Address ofProJ;erty To Be Purcli~: 2..;tS N ;;r-J./ Au E. - ~c:J.c.nor\) fZ L '33v 3~ Phone Number: (SIP}) 74:! -G:.708 - w: Cell Phone Number: L~/) S'7 7 - f!JCFf8 E-mail: LJ A 1.J")n.A rt.,:u" @ b b ..f.' i. i.> .::> Total Annual Household Income (must be verified with income tax returns, social security statement or pay "-' stubs) $ 3;( 1009 How many members living in your household? . ~ Please list their names, ages and relationship to applicant: Name: W lLU A..M.J5~;; IL. Age: J...9.. Relationship: SO....J Name: ~/U?-13AAfjE.J2.. Age: \.. '1 Relationship: So...) Name: 5i-1A.jlQ"\. E.D((JAJ2C>5Age:~ Relationship: ~c..~JL... Name: Age: _ Relationship: Name: Age: _ Relationship: NO/ Has anyone in your household owned a residence within the past year? Yes - 5 - CERTIFICATION AND WAIVER OF PRIVACY: 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 funding under the Boynton Beach Community Redevelopment Agency Housing Assistance Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that helshe is aware of the fact that helshe can be penalized by fine andlor imprisonment for making false statements or presenting false information. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency Housing Assistance Program, its agents and contractors to examine any confidential information given herein. I further grant pennission, and authorize any bank, employer or other public or private agency to disclose information deemed necessfH-Y to complete this application. Applicants acknowledge by signing below, that they have read the Housing Assistance Program Guidelines and he by agree to the terms of the program. Applicant: Signature c.HAR.L E..~E \)\Al A..lWS Print Name: Print Name: Date: 3':J.. I D Date: - 6 - "..;,j1.w-'>~----7-'--"'.~::,~'" "'T-- -. -,- '_"__'H__._~ ";";'~''''''''''l''''''''''''''~r;-''''''f'''"''---''''' :P<r___..._,_",,,,_..~,_ _.___.___ ,. ...... VI. CONSENT AGENDA: M. Approval of Funding $50,000 from the Homebuyers Assistance Program to Kendra Rahming ~~~<tY~Te~ eRA iIIi East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 13, 2010 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding for Kendra Rahming up to $50,000 from the Homebuyers Assistance Program. SUMMARY: Kendra Rahming is purchasing a newly constructed 1,358 sqft, 3 bedroom/2 bath single family home located at 713 NW 2nd Street for the contract price and appraised value of$125,000. The Rahming household income has been certified as "very low income" as per BUD 2009 guidelines. Ms. Rahming will execute the required CRA HAP program documents which stipulate that CRA grant funds are to be repaid in full in the event the property is sold within the 30 year term of the first mortgage. FISCAL IMPACT: Up to $50,000 from Line Item 02-58300-421. RECOMMENDATIONS: Approve up to $50,000.00 from the Homebuyers Assistance Program to assist Kendra Rahming in the purchase of 713 NW 2nd Street, subject to the execution of the CRA's mortgage, note and agreement at the closing of the property. ~~~ Michael Simon Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Rahming HAP.doc STARK & STARK REAL ESTATE~PPRAISAL INC IMain File No. 10-0151 Paoe #3! The purpose of flis summary appraisal report is to prO'lide fhe Iender/cfi/lllt with an accurate, and adequatelY SUDported, opilion ot the maJ1<el vaue of the subject property. Prooertv Address 713 NW 2nd Street City Bovnton Beach State fL Zip Code 33435 Borrower Owner of Public Record Habnat for Humanitv County PALM BEACH LeGal Descriotion Bovnton Hills Lot 182 Block C ----~-,- '--,-- Assessor's Parcel # 08-43-45-21-07-003-1820 Tax Year 2009 R.E. Taxes $ 697.00 Neiohborhood Name Bovnton Beach Map Reference 307 Census Tract 61.00 Occupam r l Owner r l Tenant r l Vacant Soecial Assessments $ N/A - - ------ [] PUD HOA$ rJ per year D per month " Prooertv Riohts Aooraised r.x:J Fee Sirrole r l Leasehold rl Other (describel N/A ..........-.--.-..---,-. ....-.- Ass/onmenl Tvpe r.x:J Purchase Transaction [J Refinance Transaction n Other Idescribe) N/A Lender/CI/lIIt Habitatfor Humanitv Address 181 SE 5th Avenue Delrav Beach Florida 33483 Is the sub'ect property currently offered for sale or has n been offered for sale in the twelve monlhs prior to the effective date of tlis apprasaf? (5<J Yes DNo Renart data sourcelsl used, offering pnce(s), and date(s). Habitat for Humanitv -- u__~________~_____._.._____.__..___ __~~____ I D did 0 did not analyze the contract for sale for the subject purchase transaction. Explain the resuKs of the analysis of the contract for sale or why the analysis was nol I performed. N/A . -- : Contract Price $ N/A Date ot Contract N/A Is the orooertV seller the owner of pubiC record? r.x:J Yes rl No Data Source(s) Habitat for Humanitv Is there any financial assistance Ooan charges, sale concessions, gift or downpayment assistance, etc.) to be paid by any party on behan of the borrower? DYes 0No . If Yes, report the total dollar amount and describe the nems to be paid. N/A ----- ---~. -.--. ---_.-----~~-- - -- ---.-.,.-- .-.---- . -----,,-"- -...-- Note: Race and the racial :on1Ilosillon of the neiahborhood lI'e not aplll'llisal factors. ':"{'/" Chirlderistles ' Onrinil Housln Trends One-Uillt Houslilg. PreSent Land Use % l.Dcation l Urban Suburban I Rural Property Values r llncreasing r Stable 15<1 Oeclrine PRICE AGE One-Unit 70 % . Bui~.Uo 'Xl Over 75% 25-75% r Under 25% OllTlilnd/SUlIplv r l Shortaae r In Balance 15<1 Over Supply $ (000) (yrs) 2-4 Unit 10 % : Growth lRaDid Stable [ Slow MarketiiiOlime rl Under 3 mths r 3.6 mIhs r.x:J Over 6 mths 35 Low 5 M1Iti,Familv 10% Neillhborhood Boundaries The subiects boundries are as follows: 1-95 on the west federal Hinhwavon 145 Hieh 60 Commercial 10 % .. the east Bovnton Beach Blvd. on the south and Hvooluxo Road on the north. 95 Pred. 45 Other % Neiohborhood Oescriotion The subject is located in an area consistioo nrimanlv of small to medium size sinole familY homes. Most properties are adMuatelv maintained. Market appeal is averaoe. The sublect is located close to lvDicaJ amentties souoht bv this arouP of owners. There are no known unfavorable factors to adversely affect the subiects marketabilitv. Market Comfrtions Oncluding support for the above concusionS) Sales within the subiect market area have been reviewed and there is evidence of decline. There is an over supply on the market marketina time is increasino and askinn nrices are dropDina. Noted foreclosure activity in the subiects market area has a neoative affect on the subiects current marketabilitv. Dimensions N/A Area 5.222 sn.Ft. Shape RECTANGULAR View Residential Specific Zorina Classification R 1 A Zoning Oescrintion SINGLE FAMILY ------ -_.-.~-_. _._- Zorina Como6ance 15<1 Legal r l Legal Nonconforming (Grandfa1hered Use\ n No Zoring n Illegal (describel N/A Is the highest and best use of subject properly as imoroved (or as orooosed oer plans and soecilicationsl the oresent use? IXI Yes rl No If No, describe N/A Utlities Public Other (describe) Public Other (describe) ~site Improvements - Type Public Prlvale Bectricity (5<J 0 Water 1X1 n Street ASPHALT 0 rl Gas rl r Sanitary Sewer r.x:J 0 ADey NONE .. D n FEMA Soeciai Flood Hazard Area il Yes 15<1 No FEMA Rood Zone C FEMA Map # 1201960004C - FEMA Map Date 1,982 Are the u1iUties and off-site imorovemenfs tvDical for the market area? 1X1 Yes n No If No, describe N/A Are there any adverse sne conditions or external factors (easements, encroachments, environmental conditions, land uses, etc.l? rl Yes IXI No If Yes, describe NO APPARENT ADVERSE EASEMENTS OR ENCROACHMENTS. NO FORMAL SURVEY WAS NOT AVAILABLE FOR REVIEW. . '...--......---.......--..-..---................--.-- Gennl Description Foundation Exterior Descrintion materials/condition Interior materials/condition Units r.x:J One r l One with Accessorv Unit (5<J Concrete Slab rl Crawl Soace Foundation Walls CBS/GOOD Floors TILE/GOOD # of Stories 1 1 Fun Basement r l Partial Basement Exterior Walls CBS/GOOD Walls DRYWALL / GOOD Type r.x:J Oet. rl Aft n S-OefJEnd UIif Basemen! Area N/A sQ.ft. Root Surface SHINGLE/GOOD T rinVlinish WOOD/GOOD l Existina r 1 Proposed ~ Under Cons!. Basement Rnish N/A % Gutters & Downspouts ALUM./GOOD Bath Floor TlLEIGOOD Desion (Style) Ranch/Avo. I Outside Entry/Exit r l Sump Pump Window T vpe S,HUNG/GD Bath Wainscot TllEIGooD Year Bum 2010 Evidence of r Infestation Storm SasMnsulated YES / GOOD Car Storage I I None Effective Age (Vrs) 0 l Dampness OSettIem/lllt Screens SCRN.lGOOD 12<1 Driveway # of Cars 2 Attic None Heatina ~ FWA Tn H'NBB Ir I Radiant Amenities I I Woodsfove{s) # Driveway Surtace CONCRETE II)(] Drop Stair Stairs I Other I Fuel ELECTRIC l Rreplace(s) # IXI Fence Ic><I Garage # of Cars 1 l Floor Scuttle Cooing !XI Central Air Condiliorina l PatiolDeck o Porch l Carport # of Cars o Rnished Heated llndividual If l Other o Pool o Other o Att o Del. o Buitt-in Applances IX1 Refrigerator 15<1 Ranae/Oven IXIllishwasher 0 Disposal-I9I' Microwave o Washer/Dryer o Other (describe\ Rrished area above orade contains: 5 Rooms 3 Bedrooms 2 Batl1(s) 1.358 Square Feet of Gross Living Area Above Grade :' Additional features (soecial enerov elficient items, etc.). TYPICAL ENERGY ITEMS --.--- Describe the condition of the oropertv Cincluding needed repairs, deterioration, renovations remodeino etc.!. NO APPARENT EXTERNAL OR FUNCTIONAL OBSOLESCENCE_ SUBJECT IS NEW CONSTRUCTION AND NOTED TO BE IN GOOD CONDITION. NO NOTED DEFERRED MAINTENANCE ITEMS. THE SUBJECT IS NEW CONSTRUCTION AND NEAR COMPLETION. FOR THE PURPOSE OF THIS REPORT WILL BE APPRAISED AS COMPLETE. -~._---._-_..__._.__.- .._-----~--_. . _..~--~-_.--- -- ------.-,..------..--- Are there any phvsical deficiencies or adverse conditions that affect the 6vability, soundness, or s1ructural inti,ority of the propertY? DYes t2J No If Yes, describe "-- --.,---- --- --------- ---.- .---.----..-- - -.-----,----- -. .,--,-....------.- ...._,----,- Does the oroperty generally conform to the neighborhood (functional utility, style, condnion, use, construction, etc.)? !Xl Yes r l No 11 No, describe _._--_...~--~ --_.~_.- -----~,------- Uniform Residential Appraisal Report 10-015 .de# 10-015 Freddie Mac Form 70 March 2005 Page 1 of 6 Fannie Mae Form 1004 March 2005 Form 1004 - 'WinTOT AL' appraisal software by a la mode, inc. -, 1-80().ALAMOOE IMainF~eNo.10-0151 Paoe#41 m orm eSI enla ppra sa epo File# 10-015 There are .45 col11larable orooerties currentli offered for sale in IIIl suiifect neiohbort1ood ranoioo in once from $ 50000 to $ 200 000 There are 20 COIIIlarable sales in the subiect neiohborl1ood wilIin Ihe OlIst twlM l11lnths ranoina in sale IlIice from $ 35 000 to $ 145000 FEATURE I SUBJECT COMPARABLE SALE # 1 COMPARABlE SALE # 2 COMPARABLE SALE # 3 Address 713 NW 2nd Street 919 nw 1st Street 111 NW 6th Avenue 315 SW 2nd Avenue Bovnton Beach FL 33435 Boynton Beach FL 33435 Bovnton Beach FL 33435 Bovnton Beach FL 33435 PrmIinilv to Subiect .,'" :-" 0.21 miles NE 0.18 miles E 0.51 miles S Sale Price $ NIl> ",,+,.,,'. ",:.'l$ 139 900 . i.", 'C. ,", . 1$ 90,000 ' 1$ 125000 Sale Pricr/Gross Uv. Area $ sO.ft. $ 121.86 sa.ftT . ,+ $ DT.67 so.ftX ,.' $ 106.02 so.ft.! .,H :u Data Source/s\ '.:.",. """,' EXTERIOR INSPECTION EXTERIOR INSPECTION EXTERIOR INSPECTION VlIillcalian SOlIce(s\ VAUJE ADJUSlMENTS DESCRIPTION DESCRIPTION +1-1$ Adjustment DESCRIPTION +1-\ $ Adius1menl DESCRIPTION +(-) $ Adiustment Sales or Rnancing ': ",' ,. ", FHA CASH FHA Concessions . ... NONE NONE NONE Dale 01 Sale{Time . ., 1012009 -5 600 1212009 -1 800 912009 -6200 Lacalion AVERAGE AVERAGE AVERAGE AVERAGE Leasehold/Fee Simole Fee Simole FEE SIMPLE FEE SIMPLE FEE SIMPLE SIte 5.222 So.Ft 7819 S.F. -1 300 15682 S.F. -5 200 14394 S.F. -4,600 View Residential RESIDENTIAL RESIDENTIAL RESIDENTIAL IUstruction Ranch/Avo. Ranch/Avo. Ranch/Avo. Ranch I Avo. AVERAGE AVERAGE AVERAGE AVERAGE AcIual Aoe 0 2 60 +10000 49 +10000 Conlition GOOD SIMILAR INFERIOR +10000 INFERIOR +10000 Above Grade Tda!IBdrms.1 Baths TltaIlBelms.! Baths Tda! I Bm] Baths ToIaIlBdrms.1 Baths Room Court 5 I 3 I 2 5 I 3 I 2 5 I 3 I 2 5 I 3 I 2 Gross LMoo Area 1 358 sQ.ft. 1 148 sa.ft. +6 300 1 330 sq.ft. +840 1 179 sq.ft. +5 370 Basemert & Rnished N/A N/A N/A N/A Rooms Below Grade N/A N/A N/A N/A fin:tionaI Utiitv AVERAGE AVERAGE AVERAGE AVERAGE . HealioolCooloo CENTRAL CENTRAL WALL CENTRAL ~ EII!I'OV Elficient "ems lYPlCAL lYPlCAL lYPlCAL lYPlCAL : GalaoelCamort 1 Car Garaae 1 Car Garaae CARPORT +3 000 CARPORT +3,000 . PorcM'atiolDeck PORCH PORCHIPATlO PORCHIPATIO PORCHIPATIO . NONE NONE NONE . Net AdiJsImtJ1IlT otall 0+ IX'I. $ -600 IX'I + rl- $ 16840 !2<:l+ n- $ 17570 Adjusted Sale Price NdAdj. 0.4 % NdAdj. 18.7 % NdAdj. 14.1 % of Cornoarables Gross Adi. 9.4% $ 139300 Gross Adj. 34.3 % $ 106,840 Gross Adj. 31.3 % $ 142,570 . I 00 did I I did not research the sale ortransler history 01 the siiiilectnroperty and CIXII03rable sales. "not, explain I Mv research XI lid n did not reveal anv orior sales or transfers of the subiect nrollf!ltv for the three vears onor to the effective date 01 t1is aooraisal. Data SoIJCe/s ISC PUBLIC RECORD. I Mv research l did IX'I did not reveal anv orior sales or transfers af the comoarable sales for the vear orior to the date of sale 01 the comoarable sale. Data Sotrcels ISC I PUBLIC RECORD Reoort the res~s of the research and analvsis of the DnDr sale ar transfer history Dl the subiect orODertv and comoarable sales lreoort additional Drior sales on Daae 3t ITEM SUBJECT COMPARABLE SALE #1 COMPARABLE SALE #2 COMPARABLE SALE #3 Date of Prior SalefTransfer 8/2009 7/2009 N/A N/A Price of Prior SalefTransfer $60 000 $123585 N/A N/A Data Sourcelsl PUBLIC RECORD IISC PUBLIC RECORD IISC PUBLIC RECORD IISC PUBLIC RECORD IISC ElIecUve Dale 01 Data Source/s\ 2/812010 2/812010 2/812010 2/812010 Allalvsis of Drior sale or transfer Iistav Df the subiect orooertv and corrmarable sales N/A Sunmarv Dl Sales Comoarison Acoroach I have reviewed a statistical ana""'"' conducted bv Real Quest to detennine the current and orevious vears median sale Drlce and price car SQ It for homes in the subiects market area. The current median sale Price is 598.478 with the orice oer SF Iifj $86.84 and the orevious vearwas $146 857 wth $121.58 oer SF I have made a time ad'ustment of .1% oer month for the comoarable sales. EstImated market value is supported by al sales. These are the most recent sales available in the subiects market area. Sale data was Rmtted. A search for more new construction sales in the immediate area was n""allve. Ildeated Value bv Sales Conmrison Approach $ 125 000 indicated Value by: Sales $ 125 000 Cost ADlII08ch (if develooedl $ 166 740 Income Approach (if developed) $ FINAL RELIANCE PLACED ON THE MARKET AND SUPPORTED BY THE COST APPROACH TO VAlUE. PLEASE SEE A lTACHED LIMITING . CONDITIONS. Cost aooroach exceeds the market due to foreclasure actMtv. T1is appraisal is made 0 'as is', ~ subject to corJ1llelion per plans and specifications on the basis of a hypothetical condition that the improvements have been cCll1lllleled, 0 subject tD the following repairs Dr ateratlons on the basis of a hypothetical cDnditiDn that the repairs or ateratlons have been completed, or 0 subject to the . folowina required InSDection based on the extraordinary assumntion that the condition or deficiencv does not remire ateratlon or reoair. ADJUSTMENTS WERE MADE FOR KNOWN DISSIMILARITIES. THE INCOME APPROACH IS NOT CONSIDERED APPLICABLE. Based 011 a complete visual =iOll of the Interior and exterior IIre8S of the uJec.l ~ defined scope of work, statemenf of ISSlImptiOlls and limiting concfllions, end appraiser's licallOll, my (our) opinion of the merilel value, II iIeflned, of e real property that Is the Slbject of this report is $ 125,000 II of 2/812010 which Is the dale of rnllll8Ctlon 8IId the efleclive dale of this IDDraIsi1. . U 'f R 'd t' I A IR rt 10-015 Freddie Mac Form 70 March 2005 Page 2 of 6 Fannie Mae Form 1004 March 2005 Form 1004 - 'WlnTOTAL' appraisal software by a Ia mode, inc. -1-BOO-ALAMODE "~<tY~8rCRA . East Side-West Side-Seaside Renaissance Homebuyer Assistance Program (HAP) 2009/2010 The Boynton Beach Community Redevelopment Agency (CRA) recognizes that the future economic health of the City of Boynton Beach depends upon the sufficient supply of housing priced for working families. As housing prices climbed by double digits in 2005-2006, many families were priced out ofthe housing market. Due to rapid housing appreciation while salaries and income increases stagnated, the number of low and moderate income families who can afford to buy homes has decreased. In an effort to assist more families, the CRA has implemented the Homebuyer Assistance Grant (HAP) Program. These program funds can be layered with other homebuyer assistance subsidy funds such as SHIP, HOP, etc. The maximum HAP grant award to an eligible very low applicant is $50,000.00, a low income applicant is $40,000.00, and the maximum HAP grant award to an eligible moderate income applicant is $30,000.00. ProlITam Guidelines 1. Annual grant funds are limited. Grant funding is awarded on a fust-come, first-approved basis unless the applicant meets a preference condition set forth below under items 9, 10 or 11. 2. Grant awards require CRA Board approval as part of the application process and prior to the release of funding. Approved Grants must be expended within six months of CRA Board approval. Grant awards not expended within the six months timeframe will be forfeited and the grant terminated. 3. Applicants must meet all of the qualification criteria of the Homebuyer's Assistance Program. Qualification of applicants will be determined by CRA staff or a Community Housing Development Organization (CHDO). If an applicant is working with a CHDO or the City of Boynton Beach, a request for HAP funds must be made on the applicant's behalf by either the City or CHDO. Application packages can also be submitted by a lender. 4. Applications must be submitted along with the following information in order to be processed: · Copy of Personal Identification for each signing applicant. · Copy of birth certificates for each member of the household under 18 years of age. · Copy of Homebuyers Education Program certificate. · Copy of Lender's Verification of Employment form dated within 4 months of application for each working member of the household over 18 years of age. · Statement of No Income form for anyone living in the household over the age of 18 not employed. · Copy of most recent year's Federal Income Tax Return. · Signed copy of mortgage application - 1008 & 1003 forms. · Copy of executed Loan Commitment. · Copy of executed Sale & Purchase contract for home. · Copy of property appraisal of home to be purchased. - 1 - 5. Family income must not exceed 120% of median household income for Palm Beach County as set b\ HUD in the year of application to the program. 6. Purchase Price New - Not to exceed $280,462 Existing - Not to exceed $280,462 New Home Construction Loans- in certain cases where the CRA has supplied the vacant lot, the value of the City/CRA lot awarded to homebuyer is excluded from the CRA/City subsidy amount but is included in the permanent mortgage encumbrance. 7. Eligible Properties include existing, single-family homes, construction of new single-family homes, townhomes and condominiums located within the CRA district boundaries (see attached map). 8. Use of Funds: a. Down payment and closing costs. b. Rehabilitation costs (if required to bring the home up to code) 9. Families with dependent, minor children will receive preference. 10. Persons working within the City of Boynton Beach will receive preference. 1 I. Applicants employed in the "essential services" sectors (educators, police, firefighters, health care workers and skilled building trades) will receive preference. 12. Income from all adult members of the household will be included in the computation of gross income. 13. The total of public subsidy funding shall not exceed 20% for moderate income buyers, 30% for low and 40% for very low income buyers of the purchase price for the home. The actual amount of funding awarded shall depend upon the funding gap. In no case shall CRA funding be awarded above the funding gap amount of $50,000.00 for very low, $40,000.00 for low and $30,000.00 for moderate income eligible applicants. Example #1: Moderate Income Household Purchase Price of Home Closing Costs Maximum Mortgage Amount Maximum SHIP Down payment Funding Gap - CRA HAP funds Percent of Public Subsidy $ 60,000 $280,000 $ 5,000 $213,771 $ 50,000 $ 21,229 25% Example #2 Low Income Household Purchase Price of Home Closing Costs Maximum Mortgage Amount City's Maximum SHIP Down payment Funding Gap - CRA HAP funds Percent of Public Subsidy $ 40,200 $280,000 $ 5,000 $164,700 $ 75,000 $ 45,300 43% - 2 - 14. Projected housing costs, including mortgage, interest, taxes, insurance and homeowner's association fees shall not exceed 30% of gross household income or whatever the primary lender determines. The maximum total debt ratio (total housing expenses plus other monthly debt obligations) shall not exceed 40% of income unless otherwise approved by the lender. Example #1 Moderate Income Gross Monthly Income Mortgage Payment (incl. taxes & insurance) Other Debt Housing Expense Ratio (not to exceed 35%) Overall Debt Ratio Example #2 Low Income Gross Monthly Income Mortgage Payment (incl. taxes & insurance) Other Debt Housing Expense Ratio Debt Ratio $60,000 $ 5,000 $ 1,282 $ 500 27% 35% $ 40,200 $ 3,350 $ 987 $ 300 29% 38% 15. Applicants must be first time homebuyers, with no previous homeownership within the past three years at the time of application. Falsifying this information will result in forfeiture of any and all grant funding. 16. Applicants are required to contribute a minimum down payment of three percent (3%) of the home's contract price toward the purchase of the home. 17. Funds shall be in the form of a 0% interest, second mortgage behind the first mortgage. If the City's SHIP funds are used and in a greater amount than CRA HAP funds, CRA funds will be secured in the form of a third mortgage behind the City of Boynton Beach's encumbrance. Resale of the home will require repayment of the CRA subsidy amount at time of closing in compliance within the terms and conditions of the Promissory Note and Grant Agreement. 18. Refinancing of the property at 100% of the original purchase price will result in repayment of CRA funds in full and in compliance with the terms and conditions of the Promissory Note and Grant Agreement. 19. Families who receive CRA Homebuyers Assistance shall occupy the residence for the term of the first mortgage. If the residence is leased and no longer occupied by the recipient of CRA funds, any and all CRA grant funds given at the time of purchase shall become due and payable in full. Families that receive assistance shall submit proof of residency to the City and CRA annually by the anniversary of the closing date. The accepted form of proof is a utility bill showing the program recipients name and address. Failure to comply will result in the CRA funds becoming due and payable. - 3 - 20. Upon sale of the property at any time during the duration of the first mortgage term the owner must repay 100% ofthe HAP grant amount to the CRA. Example: Original home price: Mortgage CRA Funds New Sales Price @ yr 6: l't Mortgage Payoff Grant funds to be repaid to CRA Equity to Buyer $180,000 $130,000 $ 50,000 $210,000 $120,000 $ 50,000 $ 40,000 21. The CRA shall reserve the right-of- first-refusal to purchase the property at the fair market appraised value within 45 days of written notice from the property owners. If the CRA chooses not to purchase the property at the fair market value or elects not to exercise their first right of refusal, the property owner will be notified in writing. 22. Application to the program is no guarantee of funding. All decisions are subject to approval of the CRA Board and availability of funding. Applicants acknowledge by signing below, that they have read the Housing Assistance Program Guidelines and hereby agree to the terms ofthe program and application process. Applicant Signature. Date: 3 /3 / / D _ Applicant Date: - 4. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY HOMEBUYER'S ASSISTANCE PROGRAM APPLICATION Date: ;;... . J.. 1:.. i D N~e/s of ApplicantJs~ _ , . k:E.su D 2..A F-P+IM..I J.;;) 0, Current Address of ApplicantJs: ~ .- ;;t\.31 f'.j. gE,A c.US"- un / ~~ FI.-..33C/a~ Address of~roperty To Be PurclJ.ased: . .- '1l3 1\)\..Ll .;L~~ 5.. / R':!j 1...7ro,..'J l=L- ~,*-3S Phone Number: L~~))""'..38 .-- o;;t..& -I..-) Cell Phone Number: LSt..J:J~~~... c.; 9 i b E-mail: Total Annual Household Income (must be verified with income tax returns, social security statement or pay stubs) $ 3;'1 t q(p4- How many members living in your household? '3 Please list their names, ages and relationship to applicant: Name;PRlC..Nl'l~~f.lM,~ge: ~D Relationship: SON Name:5W-A-v~ \'(!_~fV ..oJ Age: ~ Relationship: :PAUls..., TE-Il. Name: Age: _ Relationship: Name: Age: _ Relationship: Name: Age: _ Relationship: NO~' Has anyone in your household owned a residence within the past year? Yes - 5 - CERTIFICATION AND WAIVER OF PRlV ACY: 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 funding under the Boynton Beach Community Redevelopment Agency Housing Assistance Program, and it is true and complete to the best of the applicant(s) lrnowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency Housing Assistance Program, its agents and contractors to examine any confidential i~ormation given herein. I further grant permissio.n, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. Applicants aclrnowledge by signing below, that they have read the Housing Assistance Program Guidelines and hereby agree to the terms of the program. APP~ ~ ~f'~' r Kc,.hfl'1- i ^ Print Name: Applicant: Signature Print Name: Date:3j J / I D Date: - 6 - ("'" ~~~<tY~T8~;CRA 11I1 East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 13, 2010 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approve the Business Signage Improvement Grant application for up to $1,500.00 to JR Watersports, Inc. d/b/a South Florida Mastercraft for signage on the property located at 725 North Federal Highway, Boynton Beach, FL SUMMARY: Jana Wood as Manager ofBZ Wood Properties, LLC, as owner of the property located at 725 North Federal Highway, has submitted an application for the CRA's Business Signage Improvement Grant. The Business Signage Improvement Grant reimburses 50% of the applicant's expenditures for eligible signage improvements up to a total of $1,500.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: Up to $1,500.00 from project fund line item: 02-58400-444. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Federal Highway Plan and Downtown Masterplan RECOMMENDATIONS: Approve the Business Signage Improvement Grant for up to $1,500.00 to JR Watersports, Inc. d/b/a South Florida Mastercraft for signage on the property located at 725 North Federal Highway, Boynton Beach, FL. Theresa Utterback Administrative Services Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2009 - 2010 Board MeetingsI04-13-10 MeetinglBusiness Signage- South Florida Mastercraft.doc J!~~<!Y~T2~ Ie RAu); iIi East Side-West Side-Seaside Renaissance 2009-2010 Boynton Beach Community Redevelopment Agency Business Signage Improvement Grant Program Guidelines & Agreement '@ 9:ti~-~ Program Ree:ulations 1. The Applicant agrees not to alter, renovate, or demolish the new sign for three years, commencing at the time final inspection by the eRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment. 2. The property owner, or tenant if applicable, must complete the signage improvement project and submit for reimbursement within 90 days of the grant award. Failure to complete the project in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 3. Maximum Grant amount: The CRA will provide, a 50% matching grant for eligible signage improvements up to a total of one thousand five hundred dollars ($1,500) of CRA funds. Reimbursement RelZulations 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of; (l) Project accounting including invoices, receipts or other acceptable evidence of payment the licensed contractor(s) that have been marked "paid" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check; or credit card receipt (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontractors, labor, materials, related fees and permits, and (3) the Application for re-imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application. 3. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. 4. Grantees may not submit signage improvements for reimbursement which have been used as ,:;.VJ "". . ~~RY~T8~rCRA iIIIi East Side- West Side- Seaside Renalssance 2009-2010 Boynton Beach Community Redevelopment Agency BUSINESS SIGNAGE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Maximum Grant Amount is $1,500.00 (Please Print or Type Only. Use Additional Sheets If Necessary) APPLICANT INFORMATION k ~- :B2lNcal p~ Li-l Address of Property ~......-:::... I l Owner: Itd--.J n. federal PWj City/State: \<adfi1cr. 1f>.aC j, Zip Code: 33 4~5 Phone # Day: ~ - ,3. '~d~ Evening: ~ - ?}.71- 3eb2 Lf- C Ce.l ,) Name of Property Owner: Legal description and PCN# of the property to be improved (please attach copy of warranty deed and lease, If applicable): Crt tached ~ Wafff~j/Is';Ific SJufh F/or/(?a.. /J1aJT~///a..//- '~5 f). ~dq(o( i+4 City/State: ~f\ &cCh Zip Code; 33435 Phone # Day: '~{-13-7-4~ Evening: ~-7~-7- (5\0 Type of Business: IDAT Le So ~ Name of Business: (If Different from Property Owner> Address of Business: Years of Operation: Number of Employees: 06 B,A., if Annual Payroll: ( ?r) ceo ,00 Number of Employees residing in Boynton Beach: PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The following guidelines are applicable to this program: 1. The program is available only for licensed businesses located within the Boynton Beach Community Redevelopment Agency (CRA) district boundaries. Note: See attached CRA Area Map. 2. The program is for commercial properties and businesses only. The property Owner or Tenant may be the applicant. However, if the applicant is the Tenant, then the Application and Agreement must be jointly executed by both the property Owner and the Tenant. 3. Applicants may not have any outstanding City of Boynton Beach liens against their property and their business license in good and current status with the City of Boynton Beach. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 4. Eligible signage improvements for this program include: · Signage for a new business (located on the building or the property) · New or replacement signage for an existing business (located on the building or the property) . Signage on Awnings/canopies · Associated lighting 5. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. Signage must be in accordance with City Ordinance No. 98-43 and the CRA Design Guidelines (attached). 6. Proposed signage and applicable improvements must be approved by the CRA Board. 7. Maximum Grant amounts: The CRA will provide, on a reimbursement !!u.I!.. a 50% matching grant for eligible signage improvements up to a total of one thousand five hundred dollars ($1,500) of eRA funds. Example: Total sign costs: $1,800.00 Applicant funds expended: $1,800.00 CRA reimbursement: $ 900.00 8. The Signage Improvement Grant program may only be used one time in any three (3) year period for anyone property owner, business entity or applicant. 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 submit for reimbursement within 90 days of the grant award. Failure to complete the signage improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 10, Disbursement of grant funds shall only occur if the following conditions are met: · CRA has received an applicant reimbursement request letter. · CRA has received copies of executed sign contracts, canceled checks (front and back); or credit card receipts as proof of payment. · CRA has received copies of final "paid in full" vendor/contractor invoices. · CRA has received copies of final inspection approvals for all permit required work. · Applicant provides four 3"x5" color /lAfter" photos. 3 APPLICATION PROCESS 1 . An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256, or online at www.boyntonbeachcra.com. 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. 3. Appropriate grant program documents will be prepared and submitted by the applicant. CRA staff will then present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month and the applicant will be notified of grant approval by regular mail. 4. The CRA will administer the Business Signage Improvement program and funding. In addition to the appropriate City building inspections, the CRA will inspect the work to determine the satisfactory completion of the work. 5. Applicant shall obtain, read and understand all aspects of the Business Signage Improvement Grant Program Agreement, including Program and Reimbursement Regulations. 6. Proposed signage must be designed in accordance with the Urban Design Guidelines (attached). 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the eRA Board. REQUIRED PROJECT INFORMATION Submit the following required items along with the Application: . Project work write-up(s) describing in detail the scope of the project, . Plans or sketches of proposed signage and location including color samples and material specifications, c Third-party cost estimates from a minimum of two (2) licensed contractors, . Estimated project time line, e Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), e A minimum of four 3" x 5" color "before" photos of the project which must include all "public views", 4 By signing this Application, I acknowledge that the information provide is true and accurate. I acknowledge that I have received, read and executed a copy of the Program Agreement and I agree7mp,y wRhils content. cif4lv I tJl)-/ <j -03 -dO \0 App" antfTenant's Signature Date :=h~ wDDd II /! p(j ted Name ApplicantfTenant's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authoriz~y law to administer oaths and take acknowledgements, personally appeared 0 t\nA ,..000 d , who is nersonally knowll 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 FOREGgING, I have set my hand and official seal in the State and County aforesaid on this ~~ day of 'm ;f\tU{\ ,20J.Q. NOTARY BUBLlC .ZJ~ . ~ * '* MY COl.u.IISSION' DD ~ ....., .... /.-, ...~ f)..... EXPIRES: Apri/1', 2012 v ~ :It OF f\.rJf' Bonded 1Ilnl BulIget IWoR. SenIces ( ,....., /Jowl 010 p 5 Authorized Mastercraft Dealer 561-737-9423 Fax 561-737~ \5 \0 725 N. Federal HWY. Boynton Beach FI. 334~'_1 www.southfloridamastercraft.com Date: 03/16/2010 South Florida Mastercraft Business Sign Estimated Time Line. 03/20 1 O-Obtain estimates form local sign companies. 04/2010-- Give deposit for project and time to make the sign. OS/2010-Pay in Full and Have sign company deliver and install sign onto our building. located at 725 N, Federal Highway Boynton beach FI. 33435. Contact: Jana Wood 561-737-9423 Fax(561)-737-1510 Mar 10 10 10:07a sc 561-888-2154 p.1 Third Street Signs Contract South Florida MasterCraft Fabricate and install two sets of PVC letters: A) Size: 15-1/2" B) Letter: Black C) Copy: MasterCraft (Logo style) D) Thickness: 1/2" E) Stud mount flush to wall F) Locations: East and north elevations G) Letter front windows medium copy Price: $2675.00 + Sales tax and cost of permitting COST OF PERMITTING: 380.00 TOTAL TERMS: Upon Contract ($380.00) 50% Upon issuance of permit Balance upon delivery This agreement shall be binding on the parties, their heirs, successors, executors. administrators and assigns. Title of sold sign age shall not pass from Third Street Signs to customer until all amounts due have been paid in fun. Customer agrees to pay any court costs and attorney fees should they become necessary to collect any unpaid balance. Customer warrants that they have the legal authority place slgnage in the localions indicated on the customer approved drawing. Execution of this contract constitutes a contract between Quality Home Team and customer for the installation of the above described signage. Funds due Quality Home Team included in the above contract total and shall be fOlWarded by Third Street Signs upon completion. Should pennit applications be denied for this project, all monies held by Third Street Signs will be refunded to customer less the cost of pennitling efforts. Should the pennilting process require a change in the scope of work, such scope and any price changes as a resull will become a separate addendum to this contract. Third Street Signs warrants the signage described In this contract for a period of two(2) years from the date of installation to be free of defects in material or workmanship. Parts and labor for needed repairs will be at no charge under normal wear and tear on the electrical parts for a period of one (1) year. Not Included are acts of God, vandalism. violence, misuse, neglect or accident. ANY WORK PERFORMED ON SAID SIGNAGE BY PERSONS NOT SPECIFICALLY AUTHORIZED BY Third Street Signs WILL CAUSE THE REMAINING WARRANTY TO BE VOID. MODERN MEDIA SERVICES CUSTOMER NAME: NAME: DATE: DATE: :~ ~ .~ .. J -~ TlllltP s'rREEl )> C ::u 'U ::u ~ ~ ~ lii ~ Z m m Ii) g c Z III C :$ !C III m ?} 216 N.E. THIRD STREET, BOYNTON BEACH, FI33435 PHONE: 561-374-9111 FAX: 561-374-8605 ---- ----- --------- c c Ul ::u ~ g ~ !!I r- z !!I III :$ ~ cn~~ (")2...:::': o ~ 6i I 8 I i :zJ ~ ~I ql f I lJ ~ ; ~ ~~ Cil r U\ fTl g =l ~fTl ~(B Ql ;$ d'-.l ~I . (") >7" ~U'l c -; sr. c =hCJ g s: ~o g~ ~rrl o CJ lS:l 11 o r U\ C c2"U'l -I Ql :::\ o ~ r r II ~ ') ,. en :s:g D)-I 2a.:I: CD." -t.... !:1o D)::D =- C :J> 'U ::u o c... m o ::l ,,- / /1 " (-'" ~~ -d01D P p~ Owner's Signature ,. -~ . \ / 0. CA.. L" CA-J 00 of jPr,jl,ted Name \./ Title STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared '~A I NfT)~ , who is personally known to me or produced as identification, and ackriowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the 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 ~\O day of N\ f\ ,On , 20..\D. :\IJ\Y Plh. .., .....;,,"<to SCOTT A ~ ... il~ * MY COMMIsSION' DD 750&20 ~~~ b,..E!!IRES: AprJ 11 2012 OFF\."" WVIl\1el1 ~ Budgft NoIarY Sentet 3 5. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos nd project application materials in promoting the program. c~ - O~)- r:;)C) \ C; Date \(.'2 Title Applicant/Tenant's Signature Date Printed Name Title STAlE OF FLORIDA COUNTY OF PALM BEACH BEFORE ~.. an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared :..::.JAf'oA fA) DDd ' who is personally knOW!? 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 c"1/ ~ day of rn R rL..--t"l ,20 I D . LIC l___,~. ,.'~ / ~' Y-'~ My Commission E . Ires: sf;/~"oJ~ I / 1'''::.~~i,-0 SOOlT ,.. MOCRACICEN ~. MV COMMISSION t 00750620 * * EXPIRES: April 11. 2012 ..~~ Of f\.~~ BondeIl ThN Budgel Notary SeMces ~wi L..u.Joco{ j -03'cD \() Date O~ Title \......,../ 2 f~ cS"1IGN FACTORY -Innovative Designs- 1313 W. Boynton Beach Blvd. Suite R-13 Boynton Beach. FL. 33426 Phone 561-737-9911 fax 561-737-9966 Estimate Date Estimate # 2/26/2010 589 State Electrical Sign Contractor Lie. ESl2000702 Name I Address South Florida MasterCraft Terms Rep Project Item Description Qty Rate Site Number Job Number Total Sign Pin Mounted Letters 18" black, includes I 2,100.00 2,100.00T permits, drawings & inspection. A 50% Deposit is Required to Start all Jobs Balance Due on Completion. Thank You For Subtotal Your Business $2,100.00 Sales Tax $136.50 T atal $2,236.50 Signature E-mail Web Site SignFactory@aol.com www.SouthFloridaSignFactory@ao... Page 1 of 1 , ~ ---- -- -- - ~ .--- -.. -........ .. {South Florida Ma_terCra I 415.75 in Pin MOlUlted Letters } I ) http://mail.southfloridamastercraft.com/eonappslftfwm/content?uri=mimebody%3A %2F%2F%3 Ff,.. 2/26/2010 ~''''''''''''"_''''_'-l,;'.'-'_'''':''~'''''''''"';;'''''''''~'*''~_t-- ~~~W'- :' ....t~~,;~~lil~~~_~~~~.:;;;.i-M~i~~~~~"',W;,j.~~".'-'l.,,;.-~."';.~........&~~"'_j~.il~~;~;"!:. VIII. INFORMATION ONLY: A. Explanation of Small Business Program Scoring Matrix ~1~~Y~T8~ eRA Ii East Side-West Side-Seaside Rena'lssance eRA BOARD MEETING OF: April 13, 2010 I I Consent Agenda I I Old Business I I New Business Legal I X I Other SUBJECT: Explanation of Small Business Program Scoring Matrix (from March 2010 meeting) SUMMARY: At the March 2010 meeting, Board member Rodriguez questioned staff about the scoring methodology used in determining a businesses financial strength and probability of success. In particular Board member Rodriguez was questioning the weight given to the "Understanding of Financials" on the Business Plan Scoring portion of the matrix (see attached matrix). The weight on this portion of the matrix is 7% and pertains to the applicants projected fmancials contained within their business plan. The bottom portion of the matrix pertains to the actual fmancials obtained from tax returns and bank records. These carry more weight proportionally than the business plan portion of the matrix. The highest possible score for the business plans is 100. The highest possible score for the scoring ofthe business fmancials and tax returns is 200. Therefore, the greater weight is given to the actual fmancial information rather than the business plan. The matrix was created using SBA and private commercial lending criteria. FISCAL IMPACT: None, informational only. CRA PLAN, PROGRAM OR PROJECT: Downtown Master PlanlEconomic Development Plan RECOMMENDA TIONS/OPTIONS: None, ~~ Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Explanation of Small Business Program Scoring Matrix.doc CD Risk Analysis for '_ Weighted Factor Grade Weicht Grade Business Plan Completeness of ADollcatton 95 25% 23.75 Owner Resume 80 21% 16.8 usiness Plan Score (50% of Total Score) Manaaement Plan 60 19% 11.4 76.05 out of 100 possible Understanding of Market 70 16% 11.2 76.05% SalesIMarkeUna Plan 90 12% 10.8 Understandina of Flnaoelals 30 7% 2.1 i.- Flnandals Pro*Forma 30 25% 7.5 r- Quick Ratio 0 20% 0 Current Ratio 60 10% 6 Profit Margin 100 15% 15 CllnanCials Score (50% of Total Score) Worklna Caoltal 40 10% 4 131.75 out of 200 possible Breakeven 90 10% 9 65.88% Inventory Turnover 100 20% 20 Accounts Pavable Turnover 100 15% 15 Return on Assets 85 5% 4.25 Net Income 100 25% 25 ODeratlna Income 100 25% 25 Acid Test 5 20% 1 - Total Score I 70.960,'0 I 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 Risk Analysis for Ae,plicant @ Weighted Factor Grade WeiQht Grade eusiness ,Plan - Completeness of Application 50 40 20 Understanding of Financials 50 38 19 Business Plan Score (50% of Total Score) Owner Resume 50 34 17 - 100 out of 200 possible Management Plan 50 32 16 50.00% Understanding of Market 50 29 14.5 Sales/Marketing Plan 50 27 13.5 .. Finaneials Pro-Forma 50 20 10 - Net Income 50 25 12.5 Operating Income 50 23 11.5 Profit Margin 50 15 7.5 Financials Score (50% of Total Score) Inventory Turnonver 50 20 10 - 100 out of 200 possible Quick Ratio 50 15 7.5 50.00% Acid Test 50 17 8.5 Return on Assets 50 10 5 Current Ratio 50 20 10 Accounts Payable Turnover 50 10 5 WorkinQ Capital 50 15 7.5 ~reakeven 50 10 5 "- Total Score I 50.00% I Scale: 90% - 1 00% = 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 Risk Analysis,Rent Subsidy, New Business, Food Bev, 2010 ~~iii:" "'l.<).~1::i~:':""'~""'-~-~''':ili'-;=_.l>\> ""'~l;;-<;~'" "-"""-""""krtff11'iliIl'~~ "'i'Hf~'-r-r\<"ilIt.'''''~'~~rtJ6,,,,,,~.....,;'~~>~,..~~'!t.w~..w:i;;''1:~i'iijj~Mil~~j<- ':;"'"""'~'li1O:"'i1~""'t..,.-'ti..;.,,,,~.m '~.,~,:i',~", """.,;,,\,,...~.:;;licl>:""-'"~''''~';~;;>'''hi'''''\i.,' x. OLD BUSINESS A. Small Business Development Program Update Powerpoint Presentation ,!ilt~ill.Ji,~l-.f~\~nmf""'''~"'>-'> "^"""" r ~'<lW/' ~""""'~.~:s.""'~~_'~~'~i"'-"~"';"""'~' ~j;,~'~~,~A._~" '--"_U~_'III'~4i~'Ili~;>ia;"~f~";~...,~~~I"bt..'i1.~,~};,,.::.,t:'~~~li;;;:~;;l~~",~":,,,~,,,;,,:i:i, x. OLD BUSINESS B. Florida Fishing Academy Update Powerpoint Presentation ~~~<tY~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 13, 2010 I I Consent Agenda I X I Old Business I I New Business I I Legal I Other SUBJECT: Update on CRA funding of Florida Fishing Academy's "Saturday Program" for youth, ages 8 to 12. SUMMARY: The Florida Fishing Academy has been part of the Youth Violence Prevention Program since its inception in 2007 with a targeted youth program for the ages of 12 to 19. Academy owner Captain Richard Brochu, approached the City Commission in early 2009 for support funding an additional program targeted at children between the ages of6-12. This program was to be held at Boat Club Park every Saturday, for the duration of the school year. The City Commission was unable to move this program forward. In August of2009, Captain Brochu approached the CRA about a sponsorship opportunity for this program. CRA staff requested Captain Brochu present the concept to the CRA Community Committee in October of2009. The Committee felt it would be beneficial to the youth living in the Heart of Boynton area. On February 9,2010, the CRA Board approved $11,856.00 in funding for the Saturday children's fishing program. The program has had an overwhelming response for participation and the older youth who have previously participated in the program are now mentoring the younger children. Power Point presentation will be shown with update on program's progress. FISCAL IMP ACT: Information only CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan and HOB Community Redevelopment Plan RECOMMENDATIONS: Information only Margee T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Florida Fishing Academy update.doc ) ~j ~Ul 7(([ZI :; QJ~ F- ~ Z<( I 6u~ rrm &l1 I. , - . ooo-n ~ I 0 ~n j')c c.=t/) -- < IA -- ~ -- t/) .., :::J 0 -- CC ~~:::J __ n ... ::r ~ -- - -- C. :::J .., "'CD ~:::J CD m CC CD t/) . :::J~m)> CD~O'" ~~m-n ....00'" CD -- UI C. tT t/) en m · ~ . ,,, -- 0 -c ~ :::J 0 -c 0 CC .... .., ~ -CCO .., ::s < o c. CD CC -- c. 3: ..,::s CD m cc CD 3.... ~ o :::J .., ee .. . crm-a-<:T-n ","'<aomo ... m < C t/) .., :T .., ... tT -- CDeeCD~CDc. ~a<CDm m CD -- -- :::J -n ee c. 0 0 -- CD :::J CD -c t/) t/) '< -a :::J m ~ og"'n:l::s .......oCDoee ~ ::r ee .... )> ~-c DJ stn ~"'3 CDm coO c. cc ~ CD .., -- 3im ... 3 ::r '< . 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CD 3 '< ,i.;,iii.,..,"",~~!i..u;,~i!il.b','~~tt~j;t'",,~, ,,~f';;:~';~~~J;Ai.i.~ii~~_~j~.,~h~,j;]"'~~~_<l~:.~~,,!;'a~~I..sUj",-\;_.<i.~;~<",";.I."-">.t,_:",;<~,;;;.<;~,,,,,;;..,,.,...~..m.,j,,d_$~,"~:"~'.~:'-""\";~l~~,m"ti.l,"'y.w._~o.,;..',i_;;,."~-;","",..",t..~"",,;,:,J;_,,;~_,,,,,; x. OLD BUSINESS C. Reconsideration of Administration Fee for HUD Grant-Children's Schoolhouse Museum ~~~qY~T2~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 13, 2010 I I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: Reconsideration of the 10% Administrative Fee for the oversight and administration of the HUD Grant by the CRA for Schoolhouse Children's Museum. SUMMARY: 2006 - City through the CRA requested a federal appropriation from Senator Klein's office for the development of a police/fire training facility, Appropriation approved by difficult to draw down the monies. 2010 - HUD reauthorized the appropriation to fund the repairs for the Schoolhouse Children's Museum. HUD requirements delineated the CRA be the recipient and the City of Boynton Beach be the sub-recipient. At the February 9, 2010, CRA Board meeting the CRA Board approved the Office of Management & Budget Application to be remitted to HUD. (Tab 1) 2010 - At the February 9th meeting, the CRA staff negotiated a 5% administrative fee with City City staff. The CRA Board rejected the recommended 5% administrative fee. The CRA Board unanimously approved a 10% administrative fee for grant administration, (Tab 2) 2010 - March 17th, at an interagency meeting City staff advised CRA staff the HUD grant would be presented to the City Commission with a reduced fee down to 5% instead of 10%. 2010 - March 30th, City Manager recommends a 1 % administrative fee instead of the 10%. Executive Director recommends returning the item to the CRA Board prior to going to City Commission. (Tab 3) 2010 - March 30th, During discussions with Chair Rodriguez it was his recommendation there be no administrative fees between interagency activities. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\HUD Grant for Schoolhouse Children's Museum.doc 1J~~<iY~T2~ lC RA . East Side-West Side-Seaside Rena"lssance FISCAL IMPACT: Accounts Receivable - $29,400 (credit) CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan and Ocean District Plan RECOMMENDATIONS: Options: 1.) No change to the 10% administrative fee, 2.) Change to a 1 % administrative fee. 3,) Authorize no administrative fee, T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\HUD Grant for Schoolhouse Children's Museum.doc \11 J~., ... .~.w;;~.:;,., ~~~~Y~Te~rCRA . East Side-West Side-Seaside Rena",ssance eRA BOARD MEETING OF: February 9, 2010 . '~. I I Consent Agenda I I Old Business IX I New Business Legal Other SUBJECT: Consideration of Application to HUD for Funding in the Amount of $294,000 to be used for Repairs to the Schoolhouse Children's Museum. SUMMARY: In 2006, the City through the CRA requested a federal appropriation from Senator Klein's office for the development ofthe joint fire and police training facility. The funding was awarded but the restrictions on the funding made it difficult to utilize. However, HUD did authorize the use of the funds for the repairs to the Schoolhouse Children's Museum. HUD requires that the CRA be the recipient of the funds and that the City be the sub recipient since the CRA was the original recipient of the funding. The eRA will reimburse the City for expenses up to the limit of the funding which is $294,000 through an ILA that will come before the City and CRA in March. The CRA must approve and sign the attached OMB application and remit to HUD. In turn, HUD will forward an agreement for the CRA to execute. It is expected the agreement will be on the March agenda. " FISCAL IMPACT: The CRA will act as fiscal agent only and must certify that all requirements of the grant are adhered to. The CRA will retain 10% or $29,400 to cover administrative costs. CRA PLAN, PROGRAM OR PROJECT: Ocean District Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Approved submittal of the HUD grant application in the amount of $294,000 for repairs to the Schoolhouse Children's Museum. fi2~ Assistant Director '" T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\02-09-10 Meeting\HUD Appl Schoolhouse.doc . e.l~~ FQX!i1 Next Print Page I About OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 . 1. Type of Submission: I . 2. Type of Application: I . If Revision, select appropriate letter(s): D Preapplication I8J New I I ~ Application D Continuation ' Other (Specify) D Changed/Corrected Application D Revision I I . 3. Date Received: 4. Applicant Identifier: IcomPleted by Grants.gov upon submission. I I I 5a. Federal Entity Identifier: . 5b. Federal Award Identifier: I I I I State Use Only: 6. Date Received by State: I I 17. State Application Identifier: I I 8. APPLICANT INFORMATION: . a. Legal Name: IBoyntQn BE:}ach Community Redevelopment Agency I . b. Employerrraxpayer Identification Number (EINfTlN): . c. Organizational DUNS: 143'-1973410 I ~17793307 I d. Address: . Street 1 : 1915 S. Federal Highway I Stree12: I I . City: lBoynton Beach, I County: I I . State: IFL I Province: I I . Country: I USA: UNITED STATES I . Zip / Postal Code: 133435 I e. Organizational Unit: Department Name: Division Name: I I I I f. Name and contact information of person to be contacted on matters involving this application: Prefix: I I . First Name: I Lisa I Middle Name: IA I . Last Name: IJ!3right I Suffix: I I Title: IExecutive Director I Organizational Affiliation: I I . Telephone Number. /561-737-3256 I Fax Number. 1561-737-3258 I . Email: Ibright!@bbfl.us I ~IQ~e'Fprm Previous Next Print Page I About OMS Number 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 9. Type of Applicant 1: Select Applicant Type: IMunicipal governmental Agency I Type of Applicant 2: Select Applicant Type: I I Type of Applicant 3: Select Applicant Type: I I , -1 . Other (specify): I I * 10. Name of Federal Agency: IHWP I 11. Catalog of Federal Domestic Assistance Number: I I CFDA Title: I I * 12. Funding Opportunity Number: I B-Oa-SP-FL-OO52 I . Title: Economic Development In itiative-S pecia I Project 13. Competition Identification Number: I I Title: I I 14. Areas Affected by Project (Cities, Counties, States, etc.): I I . 15. Descriptive Title of Applicant's Project: Renovation of Educational Facility-Schoolhouse Children's Museum and Learning Center Attach supporting documents as speCified in agency instructions. Li\&lL"~ln~;] 1.~~Jlt~~96~i1ts II VlewAttachinents I I €1,9.$~FQrm Previous Print Page I About OMS Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 . Applicant Federal Debt Delinquency Explanation The following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Maximum number of characters that can be entered is 4.000. Try and avoid extra spaces and carriage returns to maximize the availability of space. Close Form Previous Next __1 Print Page About OMB Number 4040-0004 Expiration Date. 01/3112009 A,nPlication for Federal Assistance SF-424 Version 02 * 9. Is Annllcation SUblect to Review Bv State Under Executive Order 12372 Process? 16. Congressional Districts Of: . a. Applicant 122 I . b Program/Project 122 I Attach an additional list of Program/Project Congressional Districts if needed. ~ 20. Is the Applicant Delinquent On An' bs ~.I I I 17. Proposed Project: . a. Start Date: 112/01/09 I . b End Date: I I 18. Estimated Funding ($): . a. Federal 1294,000 . b. Applicant I . c. State I . d. Local I . e. Other I . f. Program Income I . g. TOTAL 1294,000 I D a. This application was made available to the State under the Executive Order 12372 Process for review on I I D b. Program is subject to E.O. 12372 but has not been selected by the State for review [8] c. Program is not covered by E.O. 12372. I DYes DNo Explanation I 21. 'By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) 1[8] "I AGREE I ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: I I . First Name: ILisa I Middle Name: IA I . Last Name: jaright I Suffix: I I . Title: lExecutive Director I . Telephone Number: 1561-737-3256 I Fax Number: 1561-737-3258 I . Email: IbriQhtl@bbfl.us I . Signature of Authorized Representative: I I . Date Signed I I Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 FY 2008 ED I-SPECIAL PROJECT NO, B-08-SP-FL-0052 GRANT AGREEMENT (Includes Sub-Grantee) This Grant Agreement between the Department of Housing and Urban Development (HUD) and City of Boynton Beach Community Redevelopment Agency (the Grantee) is made pursuant to the authority of Public Law 110-161 (Consolidated Appropriations Act, 2008) and a listing of certain specific Economic Development Initiative Special Projects specified in the Congressional Record of December 17,2007. The amount shown below is 98.00% of the amount specified in the Congressional Record of December 17, 2007, because of a 2.00% reduction mandated by the Act. The Grantee's application, as may be amended by the provisions of this Grant Agreement, is hereby incorporated into this Agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows: Subject to the provisions ofthe Grant Agreement, HVD will make grant funds in the amount of $294,000 available to the Grantee. The Grantee agrees to abide by the following: ARTICLE 1. HUD Requirements. The Grantee agrees to comply with the following requirements for which HUD has enforcement responsibility. A. The grant funds will only be used for activities described in the application, which is incorporated by reference and made part of this Agreement as may be modified by Article VIII (A) of this Grant Agreement. B. EQUAL OPPORTUNITY REQUIREMENTS The grant funds must be made available in accordance with the following: 1. For projects involving housing, the requirements of the Fair Housing Act (42 V.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107. 2. The requirements of Title VI of the Civil Rights Act of 1964 (42 USe. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part I. 3. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U .S.e. 794) and implementing regulations at 24 CFR Part 8. Assistance Award/Amendment U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument Cooperative Agreement X Grant 3. Instrument Number 4. Amendment Number B-08-SP-Fl-0052 7. Name and Address of Recipient City of Boynton Beach Community Redevelopment Agency 100 East Boynton Beach Boulevard Boynton Beach, Fl 33435 EIN: 59-6000282 2 Type of Action X Award 5 Effective Date of this Action Amendment 6. Control Number 8. HUD Administering Office CPO, EDI Special Project Division 451 7th Street, SW. Rm 7146 Washington, DC 20410-7000 8a. Name of Administrator 8b. Telephone Number 10. Recipient Project Manager Kurt Bressner 9. HUD Government Technical Representative Herbert Mallette 202-402-4885 11. Assistance Arrangement Cost Reimbursement Cost Sharing X Fixed Price 14, Assistance Amount 12. Payment Method Treasury Check Reimbursement Advance Check 13. HUD Payment Office Chief Financial Officier X Automated Clearinghouse Previous HUD Amount HUD Amount this Action $294,000.00 I Total HUD Amount $294.000.00 I Recipient Amount Total Instrument Amount $294,000.00 I 15. HUD Accounting and Apropriation Data 15a. Appropriation Number 15b. Reservation Number EID 08 Amount Previously Obligated Obligation by this Action $294,000.00 I Total Obligation $294,000.00 I 16. Description Boynton Beach Community Redevelopment Agency in Boynton Beach, FL for construction of an educational facility This Award consists of the following items which are appended to and hereby made part of this Award: (A) Cover Page - HUD 1044 (B) Grant Agreement Special Conditions: Please contact Ubaldo Cazzoli - HUD Area Environmental Officer at 305-536-4652, Ubaldo_A._Cazzoli@hud,govconcerningenvironmental review. NO FUNDS may be committed to the project or drawn down prior to environmental release of funds approval. 17. Recipient is required to sign and return three (3) copies of this document to the HUD Administering Office. 19. Recipient (By Name): Mr. Kurt Bressner 18 Recipient is not required to sign thiS document x Signature & Title: Executive Director Previous Editions are Obsolete Date: 20. HUD (By Name): Robert Duncan Signature and Title: Date' ADAS for Economic Development form HUD-1044 (8190) Ref Handbook 2210 17 4. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60. 5. For those grants funding construction covered by 24 CFR 135, the requirements of section 3 of the Housing and Urban Development Act of 1968, (12 'U.S.C. 1701u) which requires that economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, be given to low- and very low-income persons and to businesses that provide economic opportunities for these persons. 6. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with HUD's responsibilities under these Orders, the Grantee must make efforts to encourage the use of minority and women's business enterprises in connection with grant funded activities. See 24 CFR Part 85.36(e), which describes actions to be taken by the Grantee to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. 7. Where applicable, Grantee shall maintain records ofit8 efforts to comply with the requirements cited in Paragraphs 5 and 6 above. C. ENVIRONMENTAL REVIEW REQUIREMENTS. 1. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee agrees to assume all of the responsibilities for environmental review and decision- making and actions, as specified and required in regulations issued by the Secretary pursuant to the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58. 2. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital, or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe, or Alaskan Native Village, within which the project is located and which exercises land use responsibility, to assume all of the responsibilities for environmental review and decision-making as specified in paragraph C.I above, and the Grantee shall r;ao'y out all of the responsibilities ofa recipient under 24 CFR Part 58. D. Administrative requirements of OMB Circular A-l33 "Audits of States, Local governments and Non-Profit Organizations." E. For State and Local Governments, the Administrative requirements of 24 CFR Part 85, including the procurement requirements of 24 CFR Part 85.36, and the requirements of OMB Circular A-87 regarding Cost Principles for State and Local Governments. For Non-Profits, the Administrative requirements of 24 CFR Part 84, including the procurement requirements of 24 CFR Part 84.40, and OMS Circular A- 122 regarding Cost Principles for Non-Profit Institutions. For Institutions of Higher Education the applicable OMB Circular regarding Cost Principles is A-21. F. The regulations at 24 CFR Part 87, related to lobbying, including the requirement that the Grantee obtain certifications and disclosures from all covered persons. G. The regulations at 24 CFR Part 21, regarding requirements for Drug- Free Workplace. H. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24. 1. The Grantee will comply with all accessibility requirements under section 504 of the Rehabilitation Act of 1973 (29 U .S.c. 794) and implementing regulations at 24 CFR Part 8, where applicable. J. The regulations at 24 CFR Part 35, where applicable, regarding Lead-Based Paint Poisoning Prevention in Certain Residential Structures. K. The regulations at 24 CFR Part 5.109, where applicable, regarding Equal Participation of Religious Organizations in HUD Programs and Activities. ARTiCLE ll. Agreement to Enforce Compliance by the Sub-Grantee with the requirements of this Grant Agreement. A. The Grantee agrees to enter into a Sub-Grant Agreement with each Sub-Grantee that will have responsibility for designated aspects of project performance as identified in the application and Article VIII (B) of the Grant Agreement. The Sub-Grant Agreement shall commit the Sub-Grantee to comply with the tenus of this Grant Agreement. B. The Grantee agrees to enforce compliance by the Sub-Grantee with the tenus of this Agreement. C. The Sub-Grant Agreement between the Grantee and the Sub-Grantee shall contain the following: 1. The activities to be undertaken by the Sub-Grantee, consistent with the activities described in the Grantee's application as modified by Article VIII (A) of this Grant Agreement. 2. All applicable equal opportunity requirements set forth in Article I, Section B of this Grant Agreement. 3. Anti-lobbying requirements in 24 CFR Part 87, including the requirement to provide certain certifications and/or disclosures to the Grantee. 4. The administrative requirements of 24 CFR Part 84 or Part 85 as appropriate and Treasury Circular 1075, that grants funds shall not be requested or disbursed by the Grantee until needed and shall be the minimum amount necessary. Additional requirements for draw downs are in Articles III and IV. 5. The cost charges to the grant must be allowable (including the "reasonable and necessary" standard) and allocable as specified in OMB Circular A-87, A- 122 or A-21 as appropriate. 6. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24. 7. The Grantee will comply with all accessibility requirements under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8, where applicable. 8. Restrictions on participation by ineligible, debarred or suspended persons or entities as described in Executive Order 12549 and at CFR 24 Part 5.l05(c). ARTICLE III. Conditions Precedent to Draw Down. The Grantee may not draw down grant funds until the following actions have taken place: A. The Grantee and each Sub-Grantee have executed a contract as required by Article II. B. The Grantee has received and approved any certifications and disclosures required by 24 CPR 87.100 concerning lobbying and by 24 CPR 24.51 O(b) regarding ineligibility, suspension and debarment. C. Any other conditions listed in Article VIII ( C) of this Grant Agreement. ARTlCLE IV. Draw Downs. A. A request by the Grantee to draw down grant funds under the Voice Response Access system or any other payment system constitutes a representation by the Grantee that it and all participating parties are complying with the terms of this Grant Agreement. B. The Grantee will be paid on an advance basis provided that the Grantee minimizes the time elapsing between transfer of the grant funds and disbursement for project C. Before the Grant Agreement is signed, the Grantee may incur cost for activities which are exempt from environmental review under 24 CFR Part 58 and may charge the costs to the grant. ARTICLE V. Progress Reports. A. The Grantee shall submit to the Grant Officer a progress report every six-months after the effective date of the Grant Agreement. Progress reports shall consist of (1) a one-page narrative of work accomplished during the reporting period and (2) a completed Financial Status Report - Form 269 A. HVD may require additional information or increased frequency of reporting as described in article VIII C. B. The performance reports must contain the information required under 24 CFR Part 85.40(b) (2) or 24 CFR Part 84.51(a), as applicable including a comparison of actual accomplishment to the objectives indicated in the approved application, the reasons for slippage if established objectives were not met, and additional pertinent information including explanation of significant cost overruns. C. No grant drawdowns will be approved for projects with overdue progress reports. ARTICLE VI. Project Close-out. A. The grantee shall submit to the Grant Officer a written request to close-out the b'Tant 30 days after the grantee has drawn down all funds and completed the activities described in the application, as may be amended. The final report shall consist of (1) a narrative of all work accomplished during the project period and (2) a completed Financial Status Report - POnTI 269 A covering the entire project period. HVD will then send the Close-out Agreement and Close-out Certitication to the Grantee. At HUD's option, the Grantee may delay initiation of project close-out until the resolution of any HUD monitoring findings. If HUD exercises this option the Grantee must promptly resolve the findings. B. The Grantee recognizes that the close-out process may entail a review by HUD ta determine campliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any review in any way possible, including making available records requested by HUD and the project for on-site HUD inspection. C. The Grantee shall provide to HUD the following documentation: I. A Certificate of Project Close-out. 2. A Grant Close-out Agreement. 3. A Iinal financial report giving the amount and lypes of project costs charged to the grant (that meet the aHowability and allocability requirements of OMS Circular A-122, A-87 or A-21 as applicable. including the "necessary and reasonable" standard); a certification of the costs. and the amotmts and sources of other project funds. 4. A final perfonllance report providing a comparison of actual accomplishment with each of the project commitments and objectives indicated in the approved application, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns. D. The Grantee ab~ees that the grant funds are allowable only to the extent that the project costs, meeting the standard ofOMB Circular A-122, A-87, or A-21 as applicable, equal the grant amount plus other sources ofprojects funds provided. E. When HOD has detemlined that the grant funds are allowable, the activities were completed as described by the Grant Agreement, and all Pederal requirements were satisfied, HOD and the Grantee will sign the Close-out Agreement and Close-out Certificate. ARTICLE VII. Default. A default under this Grant Agreement shall consist of using grant funds for a purpose other than as authorized by this Agreement, any noncompliance with legislative, regulatory, or other requirements applicable to the Agreement, any other material breach of this Agreement, or any material misrepresentation in the application submissions. ARTICLE VIII. Additional Provisions. A. Project Description. The project is as described ill the application with the following changes: B. Changes or Clarification to the Application Related to Participating Palties: The grantee may elect to sub-grant all or a portion of this grant to: City of Uoyton Beach- The Adrninstrative Agent if any: C. Special Conditions: The Consolidated Appropriations Act, 2008 provides that no funds made available under the Act may be used to support any Federal, State or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. Por purposes of this provision, public use shall not be construed to include economic development that primarily benefits private entitites. U.S. Department of Housing and Urban Development Authorized Signature Robert Duncan Associate Deputy Assistant Secretary for Economic Development Date City of Boynton Beach Community Redevelopment Agency Mr. K Uli Bressner Authorized Signature Title Date 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 '. 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 Page 2 of3 Cc: Lejeune, Carisse; LaVerriere, Lori; Majors, Debbie; Clark, Craig Subject: RE: HUD Grant/Children's Museum Thank you. Here's the staff recommendation per my earlier e-mail today to Lisa. If we don't have a deal, I will pull the item from the agenda so we can meet to further discuss. Unfortunately, Lori and Debbie are out of town this week. I've also attached Debbie's e-mail from yesterday. Let me know how the CRA staff wishes to address the administrative cost issue for the grant. Kurt From: Bressner, Kurt Sent: Tuesday, March 30, 2010 7:27 AM To: Bright, Lisa Cc: Lejeune, Carisse; LaVerriere, Lori Subject: Follow-up to phone call - HUDjCRA Agreement for Children's Museum Lisa, As a follow-up to my voice mail message to you, we need a copy of the agreement for the City Commission agenda back-up. We are finishing up the agenda item. I am attaching the agenda coversheet, which I believe conforms to the discussion you had with Lori last week. We are recommending to the City Commission that the administrative fee payable to the CRA be 1 % based on the workload for both staffs on the grant. If you object to this amount, let me know and I will pull this item for further discussion between our staff. I need to know today if you wish to have this matter postponed for one meeting. Thank you, Kurt 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) htto://www.boynton- beach.org From: Majors, Debbie Sent: Monday, March 29, 20109:11 AM To: Brooks, Vivian Cc: Clark, Craig; Lejeune, Carisse; LaVerriere, Lori; Pyle, Judith; Prainito, Janet Subject: HUDjCRA agreement received yet? Importance: High Vivian, Just checking to see if Herb sent the HUD/CRA executed grant agreement yet? I need to attach it to the April 6, CRA/lLA agenda item as back up. When you receive it, can you please send it to Carisse Lejeune and copy Craig Clark, myself and Lori LaVerriere? I am leaving town tomorrow for the rest of the week and our deadline for attaching {at my point of authority} has passed. Carisse has authority beyond me and will upload the document into EZ Agenda in my and Lori's absence. I believe our drop dead deadline is Wednesday. City staff is requesting a reduction in the administrative allowance; I will make sure you have a copy of the agenda cover and ILA before the meeting. 3/3012010 Page! I)f-i Bright, Lisa From: Bressner, Kurt Sent: Tuesday, March 30, 2010 11:45 AM To: Bright, Lisa; Brooks, Vivian Cc: Lejeune, Carisse; LaVerriere, Lori; Majors. Debbie; Clark, Craig Subject: RE: HUD GranUChildren's Museum OK by me. In the meantime, let's see if we can meet to develop an agreed cost sharing formula that is fair for both sides. Lori and Debbie will be back next week. We will set up a time to come over and continue discussions. The objective is to go to either a City or CRA meeting with a staff to staff agreement. I will pull this from the Commission agenda. 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) !1t!Pjlwww,~Q.Y!lj.<lli~ beach.org From: Bright, Lisa Sent: Tuesday, March 30, 2010 10:53 AM To: Bressner, Kurt; Brooks, Vivian Cc: Lejeune, Carisse; LaVerriere, Lori; Majors, Debbie; Clark, Craig Subject: RE: HUD Grant/Children's Museum Importance: High Hi Kurt, CRA staff requested 10% in the agenda item. In the meantime, Vivian and Lori agreed to 5%. It was the CRA Board who determined 10% and voted for this amount not staff (see attached) minutes. Last week in our meeting with Lori, she reported City staff would be requesting a 5% administrative fee to the City Commission. It seems punitive and ignores the fact the CRA remains the fiduciary agent on the HUD grant. My objection to the City staff's recommendation of 9% fee reduction is irrelevant. It is against CRA Board direction; therefore, I request the item be postponed until it is brought back to the CRA Board on April 13th Lisa From: Bressner, Kurt Sent: Tuesday, March 30, 2010 10:28 AM To: Brooks, Vivian; Bright, Lisa 3/30/2010 Page 3 of3 Thank you again for your help tracking this award document, Debbie From: Brooks, Vivian Sent: Tuesday, March 30, 2010 10:06 AM To: Bressner, Kurt; Majors, Debbie; LaVerriere, Lori; Clark, Craig Cc: Bright, Lisa Subject: HUD Grant/Children's Museum Hello all, attached are pdfs of the transmittal letter to HUD for the CRA executed documents and the entire grant package. HUD must still execute the grant agreement. Please let me know if you have any questions/comments. I understand that City staff is recommending a reduction in the administration fee. What will the recommendation be and is that in line with other federal/state funding that the City receives; Le.; NSP, SHIP, CDBG? Thanks. Vivian L. Brooks Assistant Director Boynton Beach C RA 915 S. Federal Highway Boynton Beach, FL 33435 561-737 -3256 brooksvi@bbfl.us "Energy and Persistence Alter All Things. " Benjamin Franklin 3/30/2010 .1'"""""""1',."", """""'~'=""-'v ._""-"'-"-'"f--""Tilrlrif.~~.'~'~-"" ""_."1" '111:7"'''' 'r - ~""~~"r<t""~"""""'~'v""i/~'-"'. ~., ..- . ~"'_IIi,"-_,.".""""","d.. ,.. " x. OLD BUSINESS D. Consideration of Third Amendment to ILA between City of Boynton and CRA for the SE 4th Street Project 1!~~~Y~Te~ eRA . East SideNWest SideNSeaside Renaissance eRA BOARD MEETING OF: April 13,2010 I I Consent Agenda IX I Old Business I I New Business Legal Other SUBJECT: Consideration of Third Amendment to ll.,A between City of Boynton and CRA for the SE 4th Street Project SUMMARY: The City and eRA entered into an Interlocal Agreement in which the CRA was to pay a portion of the cost of the public utility/streetscape project along SE 4th Street. The project is substantially complete. City and eRA staff has reviewed the actual construction costs less the project grants. The attached e- mail and updated spreadsheet shows the new cost sharing analysis. The CRA is carrying $973,000 in project fund balance for its share of the project. Based on Scenario 2, the CRA's updated cost share is $436,680. Therefore, the savings to the CRA is approximately $536,320. City and eRA staff discussed execution of a Third Amendment to the original Interlocal Agreement (ll.,A) outlining the new project costs and savings to each party. The attached Third Amendment to the ll.,A has been reviewed by CRA legal counsel and City staff. City staffwill be adding this item to the May 5th, Commission agenda. FISCAL IMPACT: The amended project cost is $436,680 resulting in a savings of $536,320. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS/OPTIONS: Approve and execute the Third Amendment to the SE 4th Street ILA. ~~&{J Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\4th Street 3rd Amend.doc THIRD AMENDMENT TO INTERlOCAl AGREEMENT BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON BEACH TO PROVIDE FOR THE INSTAllATION OF PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET WHEREAS, the Boynton Beach Community Redevelopment Agency ("CRA") and the City of Boynton Beach ("City") entered into Interlocal Agreement dated February 7,2006 for the purpose of sharing costs of various improvements along SE 4th Street corridor from Southeast 2nd Avenue to Southeast 12th Avenue which improvements are located within the boundaries of the CRA ("4th Street Project"); and WHEREAS, the CRA and City entered into Amendment NO.1 to the Interlocal Agreement dated December 9, 2008; and WHEREAS, the CRA and the City entered into Amendment NO.2 to the Interlocal Agreement dated March 9, 2009; and WHEREAS, the City has provided the CRA with a Cost Allocation schedule (attached). The Cost Allocation schedule outlines the Actual Bid Pricing as of March 1, 2010 for the 4th Street Project including change orders and engineering costs for a Total Project Cost of $2,878,071.37; and WHEREAS, the actual and potential grant funding is $1,114,268. The CRA procured a grant from Palm Beach County in the amount of $300,000 which was assigned to the City; and WHEREAS, the CRA and the City have discussed and agreed to additional amendments to the Interlocal Agreement as hereinafter set forth. NOW THEREFORE, in exchange for the mutual covenants and obligations set forth herein, the CRA and the City agree to the following modifications of the Interlocal Agreement: 1. The revised net construction cost, minus available grant funding, is $1,763,802.93. 2. The percentage of cost allocation based on Amendments NO.1 and 2 is 24.76% for the CRA and 75.24% for the City. 3. The net cost to the CRA, minus grant funds shall not exceed $436,679.81 as outlined on the attached Cost Allocation schedule. 4. The CRA shall not be responsible for payment of funds in excess $436,679.81 in the event that the City does not successfully draw down the approved grant funding from any of the grant sources for the project Approved by the CRA Board: day of April, 2010. day of April, 2010 Approved by the City Commission: Lisa Bright, Executive Director Boynton Beach Community Redevelopment Agency Kurt Bressner, City Manager City of Boynton Beach H:\1990\900182.BB\AGMT\3rd Amendment to ILA - 4th Street.doc T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\3rd Amendment to ILA - 4th Street (2).doc IE 4TH STREET IfRO\UENTS CITY & eRA COST AllOCAD IlIseIXlll MIclnaI cost flQtmllER.AlBOENT (ESlIMlEl TiaI\N.& cost CRASHARE em StWf CITY 4.750,152.00 1,123.1100 SJla.mm 4"'1,~IJ1 D.moo tUnoo II.mOO PIfC8iage ~.om.moo 1,273,bJ1l 3.1l1.112.OO ~ 141.moo ~.M 75.M ACTlW. BIO fIRJaNG. AS a: 3f1/1D _bid 2,24U81.70 Cllqe _1pII'lIVId 174.7Il.00 SIB.__ 2.418.D41.70 ErfnHri'va15 4e1.42U7 TaIat Pn:;d aJSt 2,171.1l71.3T SCEJltJIt1-GIWI11I11RAClBl AfTER IUT ~ art Tali tiiNIlIdiwt fnm Anwndlt&2 basId~ 1&2 12rnm.oo 3... 24.M 75.24' AdullcostNstdIlpQll ~i\~ 712,aID ~Uij22.67 l!iraI Palrii Grn FIIIds mmoo 814.44 m,5WO 1)51)5U3 ~ rm TiaI CnNim Cost 2.818.011.37 iIII pdflnq t\14.21 SI.W.i l.m.802.D3 blMdll\lGl\ .1&2 24.761 75.24\ IWCDibNCh f2112 T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\3rd Amendment to ILA - 4th Street (2).doc ] 2 3 4 5 6 7 8 9 10 11 ]2 13 14 15 RESOLUTION NO. R06- {!i../-O A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET; AND PROVIDING -AN EFFECTIVE DATE. WHEREAS, the City and CRA desire to install public improvements, including but ]6 not limited to on-street parking, sidewalks, stormwater drainage, streetlights, water and ]7 landscaping within the right of way for Southeast 4111 Street from Southeast 12th which 18 improvements are located with the boundaries of the CRA; and 19 WHEREAS, the City and the eRA have ne~~~:~~ and desire to enter into an ~ Agreement to share in the cost of design, installation and construction of the 20 21 improvements; and 22 WHEREAS, the City Commission of the City of Boynton Beach, upon 23 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 24 . City of Boynton Beach to approve the Agreement between the City of Boynton Beach and 25 Boynton Beach Community Redevelopment Agency to provide for the installation of public 26 improvements on Southeast 4th Street 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 29 Section 1. Each Whereas clause set forth above IS true and correct and 30 incorporated herein by this reference. S:\CA \RESO\Agrecments~~ willi eRA SE 4TH STREET. doc INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE INST ALLA TION OF A PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET 'Uc1f;> THIS AGREEMENT, made and entered into on the 7 'It; ~ by and between: day of ;::i 6tCtl.tllt!j CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") AND CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State ofPlorida 639 E. Ocean A venue, Suite 107 Boynton Beach, Florida 33435 (hereinafter referred to as "CRA ") WITNESSETH: WHEREAS, CITY AND eRA (the "Parties") desire to install public improvements, including, but not limited to on-street parking, sidewalks, stormwater drainage, streetlights, water, and landscaping within the right of way for Southeast 4th Street from Southeast 1 ih Avenue to Southeast 2nd Avenue (the "Improvements"), which public improvements are located within the boundaries of the CRA; and WHEREAS, the Parties have negotiated and desire to enter into an lnterlocal Agreement ("Agreement") for the Parties to share in the cost of design, installation, and construction of the Improvements (the "Project"); and WHEREAS, the Improvements are to be designed, installed and constructed pursuant to Amendment No. 1 to Task Order No. U04-16-02 with PBS&J ("Amendment I") which is attached hereto as Exhibit A; and WHEREAS, CITY and eRA have determined that it is mutually beneficial and in the best interests of the citizens and residents of both cities to enter into this Agreement; and WHEREAS, Part 1 of Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act"), permits the Governmental Units, as public agencies under the Interlocal Page 10f9 DNT:dnt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA lnterlocal (SE4th Street) (IO-05).doc Table 1: Revised Engineering Cost Sharing for Amendment 1: Task Survey Geotechnical Design Permitting Construction Services Electrical Subconsultant Expenses Total Contingency Total with Contingency City Share $ 0 o eRA Share $ 3,000 3,000 103,955 2,565 34,331 60,534 1.466 $208,851 10.443 $219,294 Total $ 3,000 3,000 103,955 5,130 171 ,654 60,534 7.331 $354,604 17.731 $372,335 2,565 137,323 5.865 $145,753 7.288 $153,041 Table 2: Revised Estimated Construction Cost Sharing for Amendment 1: lli!!! City Share CRA Share I!!!!! Roadway & Surface Imprve. $ 397,000 $ 250,000 $ 647,500 Stormwater & Irrigation 336,000 500,000 836,000 Water 210,000 5,000 215,000 Power Poles 0 200,000 200,000 FP&L Costs 0 TBD TBD Lighting 0 536.000 536.000 Total 943,500 1,491,000 2,434,500 Contingency 94.350 149.100 243.450 Total with Contingency $1,037,850 $1,640,100 $2,677,950 The Parties agree to work in a Cooperative manner to finalize the actual costs of engineering and construction, and shall execute a written amendment to this Agreement to provide for an updated cost sharing arrangement for the engineering and construction costs, if necessary. 3.02 Upon completion of portions of the Project. CRA shall pay CITY the CRA's share of the costs of engineering and construction. Payments shall be made according to a schedule of payments set forth in the contract(s) entered into by the CITY and upon written certification with supporting documentation by the CITY, that the task or tasks required of the consultant(s) and contractor(s). as appropriate, for the requested progress payments have been successfully completed. Payments shall be made by the eRA no later than fourteen (14) days after receipt of an invoice and the supporting documentation from the CITY. Said payments will be made payable to the City of Boynton Beach and mailed to Page 3 of9 DNT:dnt S:\CA\CRA\CRA Interlocal (SE4th Street) (IO-05).doc improperly failed to make timely payment due to CRA's improper failure to comply with its payment obligations pursuant to this Agreement. Section 6. INDEMNIFICATION, SOVEREIGN IMMUNITY, and INSURANCE 6.01 Without waiver of limitation as per Section 768.28(5), Florida Statutes, and to the extent permitted by law, the CITY and CRA agree to indemnify and hold harmless each other from any claims, losses, demand, cause of action or liability of whatsoever kind or nature that the CITY or CRA, or either party's agents or employees mayor could incur as a result of or emanating out of the terms and conditions contained in this Agreement, that result from CITY's or CRA's or any consultant's or contractor's negligence or willful conduct (or that of their respective agents or employees) or from breach of this Agreement. 6.02 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager and with the CRA's Controller, respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior written notice has been given to the other party. Policies shall be issued by companies authorized to do business pursuant to the laws of the State ofPlorida. Pinancial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published 6.03 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager and with the CRA's Controller, respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior written notice has been given to the other party. Policies shall be issued by companies authorized to do business pursuant to the laws of the State ofPlorida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. Section 7. RECORDS 7.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Plorida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Project. Page50f9 DNT:dnt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA lnterlocal (SE4th Street) (I0-05).doc Section 13. ENTIRE AGREEMENT 13.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 14. SEVERABILITY 14.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 15. CONTRACT ADMINISTRATORS 15.01 The Contract Administrators for each party shall be as follows: CITY: Kofi Boateng, Utilities Director City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Telephone (561) 742- 6401 Facsimile (954) 742-6298 CRA: Lisa A. Bright, Interim Executive Director Boynton Beach CRA 639 E. Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Telephone (561) 737-3256 Facsimile (561) 737-3258 Section 16. NOTICES 16.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. Page 7 of9 DNT:dnt S:\CA\CRA\CRA Interlocal (SE4th Street) (lO-05).doc ~+,Ci BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida BY7~~h(/,^,r- /J eanne Heavilin, Chair Page 9 of9 DNT:dnt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA Interlocal (SE4th Street) (IO-OS).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. R08- \ ~ 'l> A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHOIDZING THE MAYOR TO EXECUTE AMENDMENTNO.ITOTHEAGREEMENTBET~EN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COM~TY REDEVELOPMENT AGENCY TO PROVIDE FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET; AND PROVIDING AN EFFECTIVE DATE. 16 WHEREAS, on Pebruary 7, 2006, the City and CRA entered into an lnterlocal Agreement for the purpose of sharing the costs of various improvements along SE 4th Street 17 corridor from Southeast 2nd Avenue to Southeast 12th Avenue which improvements are located 18 within the boundaries of the CRA; and 19 WHEREAS, some features were eliminated from the project scope either for cost or 20 constructability reasons while a noteworthy addition to the scope of work is the design of a 21 12-inch diameter reclaimed water main through the project area as part of the City's Phase 1 22 reclaimed water main improvements; and 23 WHEREAS, the CRA and City have agreed to the cost-sharing strategy depicted in 24 Table 1 of the Agreement; and 25 WHEREAS, the City Commission of the City of Boynton Beach, upon 26 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 27 City of Boynton Beach to approve Amendment No.1 to the lnterlocal Agreement between the 28 City of Boynton Beach and Boynton Beach Community Redevelopment Agency to provide 29 for the installation of public improvements on Southeast 4th Street. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF :\CA\RESO\Agrcements..InterlocaISlLA with CRA SE 4TH STREET Amendment No I.doc THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. Each Whereas clause set forth above IS true and correct and 3 incorporated herein by this reference. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby approve and authorize the Mayor to execute Amendment No. 1 to the Interlocal 6 Agreement between the City of Boynton Beach and the Boynton Beach Community 7 Redevelopment Agency to provide for the installation of public improvements on Southeast 8 4th Street, a copy of said Agreement is attached hereto as Exhibit "A". 9 Section 3. That this Resolution shall become effective immediately upon passage. 10 PASSED AND ADOPTED this ~ day of November, 2008. II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 31 32 33 34 .~ !ILA with eRA SE 4TH STREET Amendment No I.doe ~ ..,. ...., "\ f '\ \ ~ \ AMENDMENT NO.1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE INSTALLATION OF A PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET THIS AGREEMENT, made and entered into on the 2008by and between: qt::4.- day of ~/l- CITY OP BOYNTON BEACH, FLORIDA a Plorida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") AND CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 915 South Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to as "CRAil) WIT N E SSE T H: WHEREAS, CITY AND CRA (the "Parties") desire to install public improvements, including, but not limited to on-street parking, sidewalks, storm water drainage, streetlights, water, and landscaping within the right of way for Southeast 4th Street from Southeast 12th Avenue to Southeast 2nd Avenue (the "Improvements"), which public improvements are located within the boundaries of the CRA; and WHEREAS, the Parties have negotiated and desire to enter into an Interlocal Agreement ("Agreement") for the Parties to share in the cost of design, installation, and construction of the Improvements (the "Project"); and WHEREAS, the Improvements are to be designed, installed and constructed pursuant to Amendment No. 1 to Task Order No. U04-16-02 with PBS&J ("Amendment I") and subsequent amendments; and WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of the citizens and residents of both cities to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Inter10cal Cooperation Act"), permits the Governmental Units, as public agencies under the lnter10cal Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental Page 1 S.\CA\CRA\CRA lnterlocal (SE4th Street) Amendment (110408) PVM (rev 111408).doc party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or authorities which each such Governmental Dnit shares in common and which each might exercise separately, permitting the Governmental Units to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such Governmental Units; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Pifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all docwnents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all docwnents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT 2.01 This Agreement shall be effective upon the approval of both parties and shall terminate at the conclusion of the Project. This Agreement may be terminated pursuant to Section 9 of this Agreement. 2.02 This Agreement shall not be binding on the eRA until the Community Redevelopment Plan is amended to reflect the CRA'S involvement in this project. 2.03 At the conclusion of the Project, the Parties acknowledge and agree that the CITY shall own, and be responsible for the maintenance and liability associated with the Improvements. Section 3. COMPENSATION 3.01 The Parties agree that the cost for the Project shall be shared by the Parties in accordance with the terms of this Agreement. The cost of the Project includes all architectural, engineering, construction, and consulting fees associated with the planning, construction, and completion of the Project. The estimated costs, and cost sharing for the engineering and construction of the Project shall be as follows: Page 2 S:\CA \CRA \CRA Inlerlocal (SE4th Street) Amendment (110408) PVM (rev 111408).doc TABLE I Potential Net Description Cost Grant Outlay eRA Share City Share After Funds Grants I Construct all water, storm water, sewer laterals, sidewalks, curbs, medians, $4,750,952 $995,663 $3,755,288 $1,123,000 $3,718,802 pavement and conduits for future lighting Add itional cost to expand construction from SE 2nd i A ve. to Ocean A ve.- ! i i including landscaping in center median and along $300,000 0 $300,000 $150,000 $150,000 west side only; center median lights; replacement of FPL poles, and new sidewalk along west side. TOTAL $5,050,952 $995.663 $4.055,288 $1,273,000 $3,868.802 I 1 j -,_.~ 3.02 Upon completion of portions of the Project, CRA shaH pay CITY the CRA's share of the costs of construction. Payments shall be made according to a schedule of payments set forth in the contract(s) entered into by the CITY and upon written certification with supporting documentation by the CITY, that the task or tasks required of the contractor(s), as appropriate, for the requested progress payments have been successfully completed. Payments shall be made by the CRA no later than fourteen (14) days after receipt of an invoice and the supporting documentation from the CITY. Said payments will be made payable to the City of Boynton Beach and mailed to Attn: Finance Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425. In the event of any dispute between the CITY and consultant(s) or contractor(s) over the right to receive all or any payments under the contract(s), the CRA shaH comply with the direction of the CITY and shall be indemnified by the CITY as set forth in Section 6 below. Sedion 4. DUTIES AND RESPONSIBILITIES OF CITY 4.01 CITY shall be responsible for preparing contract documents, advertising for bids for the Project, selecting the contractor to construct the Project, supervising the Project, and insuring completion of the Project in accordance with the description of the Project as Page 3 S:\CA\CRA\CRA Interlocal (SE4th Street) Amendment (110408) PVM (rev 111408) doc contained in Exhibit "A" which is attached hereto and incorporated herein by reference. The CITY shall provide the CRA With copies of all executed contracts in connection with the Project and shall keep the CRA regularly informed as to its progress. 4.02 CITY will make available appropriate staff to work with CRA staff in the planning and construction of the Project. It is further understood and agreed that, nothwithstanding the CRA's participation in the planning of the Project and providing assistance in overseeing the construction of the Project, the CITY retains all responsibility for compliance with the terms and provisions of the various design and construction contracts as the Project moves forward and for enforcement of the various contracts' terms as against the consultant(s) and contractor(s). 4.03 CITY will make all payments it is responsible for making in connection with the Project in a timely manner and will hold CRA harmless and will defend CRA against any claims by any consultant(s) or contractor(s) that CITY has improperly failed to make required payments under any Project contract(s), except insofar as any failure to make timely payment is due to CRA's failure to comply with its payment obligations pursuant to this Agreement. Section S. DUTIES AND RESPONSIBILITIES OF CRA 5.01 CRA will make available appropriate staff to work with CITY staff in the planning and construction of the Project. 5.02 When requested, CRA shall provide CITY with documentation in its possession, including, but not limited to maps, surveys, and photographs in order to assist with the design and construction of the Project. Nothing contained herein shall require CRA to create documentation it does not presently possess unless agreed to by the parties in writing and included as an addendum to this Agreement. 5.03 CRA will make all payments it is responsible for making in connection with the Project and as set forth herein in a timely manner and will hold CITY harmless and will defend CITY against any claims made by any consultant(s) or contractor(s) that CITY has improperly failed to make timely payment due to CRA's improper failure to comply with its payment obligations pursuant to this Agreement. Section 6. INDEMNIFICATION, SOVEREIGN IMMUNITY, and INSURANCE 6.01 Without waiver of limitation as per Section 768.28(5), Florida Statutes, and to the extent permitted by law, the CITY and CRA agree to indemnify and hold hannless each other from any claims, losses, demand, cause of action or liability of whatsoever kind or nature that the CITY or CRA, or either party's agents or employees mayor could incur as a result of or emanating out of the terms and conditions contained in this Agreement, that result from CITY's or CRA's or any consultant's or contractor's negligence or willful conduct (or that of their respective agents or employees) or from breach of this Agreement. Page 4 S.ICAICRA\CRA Inler]oca! (SE4th Street) Amendment (110408) PVM (rev 111408).doc 6.02 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager and with the CRA's Controller, respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior written notice has been given to the other party. Policies shall be issued by companies authorized to do business pursuant to the laws of the State ofPlorida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. Section 7. RECORDS 7.01 eRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Project. Section 8. ASSIGNMENT 8.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 9. TERMINATIONIDEFAUL T 9.01 Prior to the Boynton Beach City Commission approving a contract for the construction of the Project, this Agreement may be terminated by either party upon thirty (30) calendar days written notice. 9.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material tenns and conditions contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Page 5 S:\CA\CRA\CRA lnteriocal (SE4th Streel) Amendment (110408) PVM (rev 111408).doc Section 10. COMPLIANCE WITH LAWS 10.01 CITY and eRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. Section 11. VENUE 11.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida. Section 12. GOVERNING LAW 12.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 13. ENTIRE AGREEMENT 13.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in fuB force and effect. Section 14. SEVERABILITY 14.01 Should any part, term or provision of this Agreement be by the' courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 15. CONTRACT ADMINISTRATORS 15.01 The Contract Administrators for each party shall be as follows: CITY: Kofi Boateng, Utilities Director City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Telephone (561) 742- 6401 Facsimile (954) 742-6298 Page 6 S:\CA\CRA\CRA Interlocal (SE4th Street) Amendment (110408) PVM (rev I) 1408).doc eRA: Lisa A. Bright, Executive Director Boynton Beach CRA 915 South Pederal Highway Boynton Beach, FL 33435 Telephone (561) 737-3256 Facsimile (561) 737-3258 Section 16. NOTICES 16.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the foHowing as the respective places for giving of notice. CITY: Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Copy To: James A. Cherof, Office of the City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 CRA: Vivian Brooks, Assistant Director Boynton Beach CRA 915 South Federal Highway Boynton Beach, Florida 33435 Copy To: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Section 17. INTERPRETATION 17.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. Page 7 S:\CA\CRA\CRA Interlocal (SE4th Street) Amendment (\ 10408) PVM (rev 111408}.doc IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida By: j:;r<:f~ (/ Jerry 1J ylor; ayor J BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State OfFIOri:~ To or, air Page 8 S:\CA\CRA\CRA Interlocal (SE4th Street) Amendment (110408) PVM (rev 111408)clean final doc II I RESOLUTION NO. R09- Dt.I~ 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 BOYNTON BEACH, FLORIDA, APPROVING AND 6 AUTHORIZING THE MAYOR TO EXECUTE 7 AMENDMENT NO.2 TO THE AGREEMENT BETWEEN 8 THE CITY OF BOYNTON BEACH AND THE BOYNTON 9 BEACH COMMUNITY REDEVELOPMENT AGENCY 10 TO PROVIDE FOR THE INSTALLATION OF PUBLIC II IMPROVEMENTS ON SOUTHEAST 4TI1 STREET AND 12 REFLECT THE REVISED CRA COST; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, on February 7, 2006, the City and CRA entered into an Interlocal 17 ! Agreement for the purpose of sharing the costs of various improvements along SE 4th Street I 18 I corridor from Southeast 2nd A venue to Southeast 12th Avenue which improvements are located 19 within the boundaries of the CRA; and 20 WHEREAS, on December 9, 2008, the City and CRA entered into Amendment No I 21 to the Interlocal Agreement; and 22 WHEREAS, the CRA received notification of an allocation of District IV Gas Tax I 23 I Funding in the amount of $300,000.00 to offset costs of various beautification/streetscape 24 elements of the project. These funds will go directly to the City thereby reducing the CRA's 25 [mancial obligation to the City regarding the Interlocal Agreement; and 26 WHEREAS, the City Commission of the City of Boynton Beach, upon 27 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 28 City of Boynton Beach to approve Amendment No. 2 to the Interlocal Agreement between the 29 City of Boynton Beach and Boynton Beach Community Redevelopment Agency to provide 30 for the installation of public improvements on Southeast 4th Street. S.\CA\RESO\Agreement9.lnterlocal9.ILA with CRA SE 4TH STREET Amendment No 2.doc II NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. Each Whereas clause set forth above is true and correct and 4 i incorporated herein by this reference. 5 Section 2. The City Commission of the City of Boynton Beach, Florida does I 6 II hereby approve and authorize the Mayor to execute Amendment No. 2 to the Interlocal 7 Agreement between the City of Boynton Beach and the Boynton Beach Community 8 Redevelopment Agency to provide for the installation of public improvements on Southeast 9 4th Street, a copy of said Amendment is attached hereto as Exhibit "A". 11 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this :ffA day of March, 2009. to 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A TrEST: 29 30 31 32 33 34 CITY OP BOYNTON BEACH, PLORIDA <.:.--'- Commissioner - Marlene Ross W1.P~ A with eRA SE 4TH STREETAmendment No 2.doc R 0'1- Ot./&. EXHIBIT A SECOND AMENDMENT TO INTERLOCAL AGREEMENT BElWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON ~BEACH TO PROVIDE FOR THE INSTALLATION OF A PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET Q This SecQnd Amendment to the Interlocel Agreement, is made and entered into this . 2- day of :tf\iJ ~ 2009, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA" and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "City," and WITNESSETH; WHEREAS, the CRA and the City entered into an lnterlocal Agreement dated February 7,2006 (the "Interlocal Agreement"); and WHEREAS, the CRA and the City entered into Amendment No. 1 to the Interlocal Agreement dated December 9, 2008; and WHEREAS, the CRA and the City agree to amend the Interlocal Agreement as hereinafter set forth. NOWTHEREFORE, In consideration of the terms and provisions hereof and other good and valuable consideration, the receipt and sufficiency of whIch is hereby acknowledged by each of the parties it Is agreed as follows; 1. Section 3. COMPENSATION is hereby amended by revising the following Paragraph 3.02 to read as follows; 3.02 The Table 1 'CRA Share' of $1.273.000 will be reduced to $973.000 upon the receipt of the Count grant in the amount of $300.000. which grant although awarded to the CRA will be paid directly to the City. Such grant Is expected to be paid no later than September 30, 2009. The remaining balance to be paid by the CRA to the City of $973.000 will be paid to the City upon billing by the City after the receipt of Tax Increment Revenue from the City of Boynton Beach and Palm Beach County for the FIscal Year 2010/2011. However, if construction related to the CRA Share Is not completed, no funds will be expended until and unless such construction is completed and the CRA receives supporting documentation of such completion of the CRA Share. Payments shall be made by the eRA no later than thirty (30) days after receipt of an invoice and the supporting documentation from the City. Said payments will be made payable to the City of Boynton Beach and mailed to Attn: Finance Department. City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425. In the event of any dIspute between the City and consultant(s) or contractor(s) over the right to receive all or any payments under the contracts(s), the CRA shall comply with the direction of the City and shall be indemnified by the City as set forth in Section 6 below. C:\Documents and Settings\laverrierel\Local Settings\Tempomy Internet Files\OLK5B\Amendment No 2 - 4th Street iLA.doc 2. In all other respects. the parties ratify and confirm the Interlocal Agreement dated February 14. 2006 and Amendment No.1 dated December 9, 2008. I~~ESS WHEREOF, the parties have set their hands and seals this .i. day 01 ...J...L1.l. 'i ~ J...J , 2009. BOYNTONBEACHCOM~Y REDEVELOPMENf AGENCY, a public agency organized and existing under the laws of the State ofPlorida. CITY OF BOYNTON BEACH, a municipal corporation organized and existing under The laws of the State of Florida. .;,/'~;' By: ~.~ '/ G CITY SEAL C:\Documents and Settings\laverrierel\Local Settings\Temporary Internet Files\OLK5B\Amendment No 2 - 4th Street ILA.doc Page 1 of 1 Brooks, Vivian '. From: Mazzella, Pete Sent: Tuesday, March 09, 2010 8:38 Aft! To: Brooks, Vivian Cc: LaVerriere, Lori; Livergood, Jeffrey Subject: SE 4th Street Attachments: city-era cost-sharing march 201 O.xls Good morning Vivian Attached is a spreadsheet showing two cost-sharing scenarios for the SE 4th Street improvements. The project is not complete yet, but we're getting close, so these numbers will not change much from here on. The first scenario splits the project cost, based upon the percentages in amendments 1 & 2; followed by subtraction of the grants each agency obtained ($300K for the CRA's beautification grant; $814K for the City's stormwater and reclaimed water grant). The 2nd scenario subtracts the total grant amounts prior to splitting the costs based upon the percentages. As you can see, the project bids came in way below the cost estimates, so we're all saving money on this project. We'd like to meet with you in the next week or so to go over this. Please call me with any questions. Peter v: Mazzella \ Phone: 561-742-6404 Fax: 561-742-6298 4/1/2010 SE 4TH STREET IMPROVEMENTS CITY & CRA COST ALLOCATION Base cost Additional cost cost 4,750,952.00 300,000.00 FROM DECEMBER 2008 AMENDMENT (ESTIMATE) Total CRA & CRA SHARE CITY SHARE CITY 1,123,000.00 3,718,802.00 4,841,802.00 150,000.00 150,000.00 Percentage 5,050,952.00 1,273.000.00 3,868,802.00 5,141,802.00 24.76% 75.24% ACTUAL BID PRICING - AS OF 3/1/10 Base bid 2,241,861.70 Change orders approved 174,780.00 Subtotal- construction 2,416,641.70 Engineering costs 461,429.67 Total Project cost 2,878,071.37 SCENARIO 1- GRANTS SUBTRACTED AFTER SPLIT CRA CITY Total estimated share from Amend # 1 & 2 Percentage based upon Amend. 1 & 2 Actual cost based upon percentages in amendments minus Potential Grant Funds Net cost for each party* *Assumes City receives all grant funding 1,273,000.00 3,868,802.00 24.76% 75.24% 712,548.80 2,165,522.57 300,000.00 814,268.44 412,548.80 1 ,351 ,254.13 SCENARIO 2 - GRANTS SUBTRACTED BEFORE SPLIT CRA CITY Total Construction Cost 2,878,071.37 Minus total grant funding 1,114,268 Subtotal Percentage based upon Amend. 1 & 2 Net cost for each party* 1,763,802.93 24.76% $436,679.81 $1,327,123.12 75.24% ;_Ti:~i,~Bliiil~~'~i~1~~~;~w~~i~~~;l:'~'~"*iiil&:l~f~~~~1ili:rk~~~~~i:i,i:ibili~:ilill::i~,',:Ji"":;iL'.lit~U.L>ji.;;;I..~~rJj;;;;J;~~Ji!i;ji~;iIll"i\.~tl~~;:f;~.;r.i,."oi.o~:iJ:ii,~",.i".d",-\,;,j;;i;ii;",,;iJ.,,""..1 x. OLD BUSINESS E. Presentation of Ocean Breeze East Proposals and Selection of Proposer to Begin Negotiations on a Purchase Agreement eRA BOARD MEETING OF: April 13, 2010 REVISED I I Consent Agenda I X I Old Business I I New Business Legal I Other SUBJECT: Responses to the Notice to Dispose of Real Property by the eRA SUMMARY: On February 19,2010, the CRA Board issued a Notice to Dispose of Real Property by the CRA for the eastern portion of the project area known as Ocean Breeze. Attached are the two responses for the CRA Board's consideration. For a comprehensive historical chronology of the Ocean Breeze site formerly known as Boynton Terrace, please read attached. FISCAL IMP ACT: None. CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan and Heart of Boynton Community Redevelopment Plan. RECOMMENDA TIONS: To select one of the two responses for the Ocean Breeze East site. Lisa Bright, Executive Director C:\Documents and Sellings\kahns\Local Sellings\Temporary Internet Files\OLK17\Ocean Breeze.doc r eRA BOARD MEETING OF: April 13, 2010 I Consent Agenda I X I Old Business I I New Business I I Legal I I Other SUBJECT: Responses to the Ocean Breeze Request for Proposals SUMMARY: On February 19, 2010, the CRA Bo~d issued a Request for Proposals for the eastern portion of the project area known as Ocean Breeze. Attached are the two responses for the eRA Board's consideration. For a comprehensive historical chronology of the Ocean Breeze site formerly known as Boynton Terrace, please read attached. (~ FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan and Heart of Boynton Community Redevelopment Plan. RECO:MMENDATIONS: To select one of the two proposal responses to implement the Heart of Boynton vision. ~ ,.- T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Ocean Breeze.doc ~ -.. . 4:5/ pm ft. M~ Eastwind Development, LLC Seacrest Landing Apartments Boynton Beach, Florida Redevelopment Proposal Boynton Beach Community Redevelopment Agency Attn: Vivian Brooks, CRS Assistant Director 915 S. Federal Highway Boynton Beach, FL 33435 (561) 737-3256 8380 Resource Drive, Suite 1 West Palm Beach, FL 33404 (561) 370-6600 jweir@eastwinddev.com (' Eastwind Development, LLC Seacrest Landing Apartments Table of Contents TAB r..... I. II. 1II. IV. V. VI. VII. VIII. IX. X. Developer Background......... ...... ............... ......... .................. ............... ...... ........ 1 Proj ect Summary..................................... ............ ......... ............ ...... ................... 2 Location Maps................................................................................................... 3 Photos - Prior Senior Developments .....................:....................................... 4 Floor Plans........................................................................................................ 5 Rent Schedule & Unit Mix......... ........................... ......... ............... ...... ........ ...... 6 Sources and Uses - Bonds / 4% Housing Credits ........................................ 7 Pro Forma - Bonds /4% Housing Credits ................................................... 8 Sources and Uses - 9% Housing Tax Credits ............................................... 9 Pro Forma - 9% Housing Tax Credits............................................................ 10 {'.... TAB 1 T:\ADMINISTRA TIVE\Templates\ Tab Pages. doc ..... ... Acquisition Approach Eastwind and NuRock target sever:al different types of multifamily properties and have the following acquisition priorities: }> One target group is recently built properties that are experiencing financial difficulties due to the level or nature of its financing. Will purchase both properties from owners and notes from lenders. May consider failed condo conversions or fractured condominium developments depending upon situation. }> A second target group value-added opportunities in which existing multifamily assets can be purchased at a significant discount to replacement costs in that location. These assets would be upgraded from C/B- quality to B/B+ quality with a light or moderate rehabilitation/improvement program averaging $5,000- $10,000 per unit. Similar target markets as on the development side. }> Seek purchase opportunities at a capitalization rate discount of 100 basis points to market rate, and seek to increase value by project upgrades and superior management to increase NOI while repositioning to a market capitalization rate for the asset. . }> Will utilize new or assumable tax-exempt bond fmancing for acquisitions where warranted, such as in an 80/20 private revenue tax-exempt bond transaction. Will work with local governments on workforce housing initiatives where consistent with NOI targets and fmancially feas~ble. Affordable and Workforce Housing Eastwind and NuRock are committed to addressing the growing need for affordable rental housing and for workforce housing that targets essential services perso1ll1el such as police, fire fighters, teachers, nurses and emergency workers. Eastwind has extensive experience with the affordable financing programs of the Florida Housing Finance Corporation, including housing tax credits, tax-exempt multifamily mortgage revenue bonds, SAIL, HOME and other state programs. NuRock has considerable experience with the federal and state housing tax credit programs and public loan programs of the Georgia Department of Community Affairs and the Texas Department of Housing and Community Affairs. Both have developed communities serving family and senior populations. Both Eastwind and NuRock are dedicated to producing high quality multifamily rental housing that use the latest construction technology and design practices to promote an attractive and comfortable resident environment. Our buildings are designed and constructed to meeting the same standards of quality and attractiveness as market properties. Standard amenities include a coinmunity center with meeting room, fitness center and computer center, pool, playground/tot lot, picnic area and car wash area. NuRock is widely respected for its management of its affordable property, including the Breakout program, which provides a supervised after school study and recreational environment in the clubhouse. We are also committed to the inclusion of environmentally friendly green features such as Energy Star certified kitchen appliances, HV AC units with minimum of 14 SEER ratings, Energy Star rating for windows with minimum heating or solar heat gain coefficients, minimum insulation standards, Energy Star lighting in open and common areas, and baths fixtures with dual flush options and low-flow features to minimize unnecessary water use. ) ) ~ 2 ~ EASTWIND COMPANY SUMMARY Eastwind Development, LLC and Eastwind Acquisitions, LLC, based in West Palm Beach, Florida, focus on the development and acquisition of multifamily rental housing in Florida and the Southeast United States. Eastwind Development focuses on the development of new multifamily housing, while Eastwind Acquisitions concentrates on acquisition of existing multifamily assets that provide rehabilitation and value-added opportunities or that can be purchased at a discount to replacement costs. .- Eastwind has fonned a strategic alliance with the NuRock Development Group, Inc., based in Alpharetta, Georgia. NuRock is a multi-faceted real estate company with a portfolio of 20 properties totaling over 4,000 units in operation or under development in Georgia and Texas. Eastwind and NuRock will serve as co-developers and co- general partners/managing members for each of their transactions. This arrangement allows the two groups to increase their capacity and resources while sharing risk and capitalizing on the strong relationship of their principals. Together, Eastwind and N~Rock bring a depth of experience, a strong value orientation in selection of investment opportunities, rigorous standards for project team selection, detailed attention to development and acquisition execution and an ongoing commitment to high quality and resident satisfaction. Development Approach Eastwind and NuRock engage in the development of conventional market multifamily rental housing as well as workforce housing. They have the following development priorities: ~ Targeting primary and secondary urban and suburban markets in the Florida and Southeast with stable and growing employment bases or new strong economic development drivers. Present target markets for conventional development include Nashville, TN, Mobile, AL and Greenville, SC. ~ Low land cost relative to location. The goal in most markets in Florida is to purchase land for l~ss than $15,000 per zoned and entitled unit, and preferably under $10,000 per unit in most areas of the Southeast. ~ Location near major transit routes in emerging commercial, retail and single family residential growth corridors. ~ Reasonable unit and impact fees for new development. ~ Markets and submarkets with low vacancy rates, a manageable supply of new pipeline multifamily product, and strong population and employment growth. Preference is given to those areas that escaped the greatest excesses of the recent condominium boom and bust, thereby avoiding a large "shadow rental" market. ~ Commitment to "A" quality apartment rental product with attractive community facilities and amenities through use of high quality design and engineering firms. ~ High quality construction on schedule and within budget through use of experienced generapcontractors with whom the firm's principals have established relationships. ~ Proven and established property management through Lincoln Property Management Company with a strong record of successful leasing and timely. provision of financial information. ~ = Background of Principals John F. Weir Prior to founding Eastwind in 2007, Mr. Weir was Senior Vice President of Creative Choice Homes, Inc., based in Palm Beach Gardens, from 1994-2007. Mr. Weir served as chief operating officer for the company, was responsible for all strategic and project financing, and oversaw all acquisition and development activities. He was directly responsible for the financing, closing and development of over 40 multifamily projects involving over 6,000 multifamily units in Florida and five other states, as well as multiple additional closings and financings. He negotiated and administered a joint venture with Lincoln Property Management Company for the management of Creative Choice's Florida properties. He also has a close working relationship with Summit Contractors, based in Jacksonville, FL. He has extensive experience in arranging construction, permanent, mezzanine loan and equity financing from a wide range of banking, insurance and institutional capital sources, as well as multifamily tax-exempt bond programs, and all major federal, state and local public loan programs. Mr. Weir previously founded and led Local Initiatives Managed Assets Corporation (LIMAC), one of the first firms to securitize long-term fixed rate mortgages for multifamily properties. LIMAC was based in New York and was the secondary market affiliate of LISC, and is now known as Community Development Trust. Prior to his involvement in housing finance, Mr. Weir was a corporate and securities attorney with the firm ofDebevoise and Plimpton in New York City. He is a graduate of Harvard Law School, attended the University of St. Andrews in Scotland on a Rotary Fellowship, and received a B.A. in History from the University of Scranton. He has been admitted to the bar in Florida, New York and New Jersey. Robert G. Hoskins Mr. Hoskins is the president and founder of the NuRock Companies, which has development, construction and management arms and has operated since 1992. NuRock has been acclaimed in national publications for the quality of its developments. He has an extensive background in fmancial analysis, real estate development and acquisitions and property and portfolio management. Previously, he was Senior Vice President of GRl Management, Inc. in Atlanta, an operational services consulting firm that also focused on property acquisitions and dispositions. Before that, he was a Vice President of HSI Management, Inc. in Atlanta, a leading syndication, investment and property management firm in the Southeast U.S. He started his career as Director of Acquisitions and Dispositions for Reese Companies, an investment and real estate group in Dallas, Texas. He has a B.B.A. in Real Estate (Finance emphasis) and Marketing from the University of North Texas, and is a member of the Institute of Real Estate Management. 3 John F. Weir 31-Aug-07 PRIOR PROPERTIES PROPERTJES/CLOSINGS Property Property Units Type Name Tvoe Comments 1 Doualass Sauare Kev West, FL MF - Mixed Income 52 N/C 2 The Gardens Opa Locka, FL MF - Sec.81Sec.42 328 AIR 3 Rosedale Ridae Kansas Citv KS MF - Sec.8/Sec.421TEBs 161 NR 4 Caribbean West South Miami Heiahts, FL . MF - Section 42 102 AIR 5 Coral Gardens Homestead, FL MF - Sec.8/Sec.42 91 AIR 6 Buena Vista Springs North Las Venas, NV MF - SectionS/Conventional 288, NR 7 Buena Vista Sprinas - IJ North Las Veaas, NV MF - Mixed Income 24 N/C 8 Azalea Gardens Bartow, Fl MF - Sec.8/Sec.42 120 NR 9 Mvstic Woods Palm Beach Gardens, FL MF - Section 42 71 NlC 10 Mvstic Woods 11 Palm Beach Gardens, FL MF - Tax-ExemDt Bonds 92 N/C 11 River Oaks Norfolk. VA MF - MarketlFHA 223m 100 Aca./Reti 12 Maanolia Park] NW Atlanta, GA MF- Mkt./Mixed Inc.(HOPE VJ 220 N/C 13 Woods of Vero Beach Vero Beach, FL . MF - Tax-ExemDt Bonds 176 NlC 14 CarJllon Place Lake Wales, FL MF - Section 42 120 N/C 15 . Villaae Crossina Gainesville, FL MF - Section 42 91 AIR 16 Buena Vista SprinQs HI North Las Venas, NV (1) MF - Section 42 (Senior) 58 N/C 17 Oak Park Bartow, Fl MF - FDIC Rent Res. 50 AIR Sold 18 . Maanolia Park II Atlanta, GA MF - Mkt.lMixed ]ncJHOPE VI 180 N/C 19 Andros Isle Lehigh Acres, FL MF - Tax-ExemDt Bonds 229 NlC 20 Santa Fe Place Topeka, KS (2) MF - Section 42lSenior) 91 AIR 21 Club at St. Lucie West Port Sf. Lucie, FL MF - Market 180 N/C Sold 22 Eastaate Apartments Gainesville FL MF - Section 42 140 N/C 23 Diamond Hill Fort Worth, TX (3) MF - MktJMixedlncome 204 N/C 24 Peacock Run Port St. Lucie, Fl MF - Tax-Exemot Bonds 264 N/C 25 Chapel Run Decatur, GA (2) MF - Tax-Exempt Bonds 172: N/C 26 Tuscan Isle Naples, FL MF - Tax-Exempt Bonds 298 N/C 27 Marina Del Ray Beverly Hills, FL MF - Section 42 (Senior) 100 N/C 28 Montclair Oaks Leebur(l, FL MF - Section 42 140. NfC 29 Atlantic Palms Pompano Beach, FL . MF - Section 42 145 N/C 30 Club at St. Lucie West U Port St. Lucie, FL , MF - Market 200 N/C Sold 31 Stock ls1and Key West, FL MF - Sec.8/Sec.42/HUD 236 130 NR 32 Marine(s Landino Fort Mvers, FL MF - Section 42 (Senior) 112 N1C 33 Manatee Sprinos Chiefland, FL MF - Section 42 72 NJC 34 Villas at Palm Bav Palm Bav, FL MF - Market 160 N/C 35 Outriaaer Orlando, Fl MF - Market 184 Aca/Refi Sold 36 Hickory Hill Tallahassee, FL MF - Section 42 128 NR 37 Fountainview Tampa, FL MF - Section 42 132 N/C 38 Sanctuarv Walk Jacksonville, FL . MF - Section 42 120 N/C 39 Silas Oaks live Oak, FL MF - Section 42 110. N/C 40' Ambassador North Houston, TX MF- Section 42 114 Aca. Sold 41. Villa Bonita San Antonio, TX MF - Market 170 Aca. Sold 42 Cvoress Pointe OranQe Park, FL MF - Market 194 N/C 43 Park Terrace Tampa FL MF - Section 42 216' N1C 44 ViUas at S.Dring Hill Spnno Hill, FL MF - MarketIFor Sale 274. NfC 45 Casibari Pompano Beach, FL MF - Market (On Hold) 158 LandlPreDev Mulflfamilv Totals 6,761 ' * Three additional 1031 Like Kind Land Purchases not referenced (1) JV Partner with 50% Interest N/C - New Construction (2) JV Partner with 40% Interest NR - Acquisition & Rehab (3) JV Partner with 62.5% Interest TEBs - Tax-Exempt Bonds ROBERT G. HOSKINS Represemative Properties Number of Units Market Low Type of Proiect Name Rate Income Financine Location Ansley Forest 260 0 Conventional Atlanta, GA CabbaJnJs Arms 0 76 HUD 236 Kannapolis, NC Canterbury Court 112 0 Conventional Jacksonville, FL College Square 0 60 HUD 236 Ft. Valley, GA Colony Square 27 0 Conventional Denton, TX Columbia Square 0 120 HUD 236 Gadsen, AL Countryside 264 0 Conventional Atlanta, GA Eagles Nest 0 296 Tax Credit DeKalb, GA Eagles Run I 10 194 Tax Credit/HOME DeKalb, GA Eagles Run II 0 78 Tax Credit DeKalb, GA Edgewood Drive 0 184 HUD 236 Garland, TX Haversham Townhouse 0 200 HUD 236 Birmingham, AL Hickory Park 0 150 HUD 236 Atlanta, GA Hilltop Village 0 248 HUD 236 Sherman, TX Jackson Heights 0 150 221 (d)(4) Tampa, FL Jones Walker 0 88 221 (d)( 4) Ft. Myers, FL Lakeview 0 96 221 (d)(3) Ft. Valley, GA McClendon Gardens 0 90 HUD 236 Atlanta, GA Nottingham Woods 0 144 HUD 236 Oxford, AL Oak Forest 0 150 HUD 236 Atlanta, GA Palm Grove Garden 0 142 HUD 236 Orlando, FL ROBERT G. HOSKINS Representative Properties (Con tin ued) Number of Units Market Low Type of Proiect Name Rate Income Financing Park Place 330 0 Conventional Silver Creek () 152 Hl JD 236 Southern Springs 112 0 Conventional Sundown 0 192 HUD 236 Tall Pines 0 115 HUD 230 Ware Manor 0 84 HUD 236 Willow Creek 0 108 BUD 236 Woodley Downs 120 0 Conventional Location Atlanta. GA Jacksonville, FL l\tlanta, GA Birmingham, AL LaGrange, erA Waycross, GA AlbeliviJle, AL Montgomery, A I. , Property Name Property Address Phone Numbers JEORGIA Chapel Run 4522 Snapfinger Woods Drive 770~808-5777 (172 units) Decatur, GA 30035 Fax 770-808-8288 Eagles Creste 4395 Washington Road 404-559-0818 (284 units) East Point, GA 30344 Fax 678 904 7223 404~212-8090 . Eagles Run 1/ Eagles Run II 2000 Bouldercrest Road Fax 404-212-7464 (204 units /78 units) Atlanta, GA 30316 BreakOut 404-212-0770 Backline 404-212-8787 Highlands at East Atlanta 2051 Flat Shoals Road 404-243-1334/3521 (250 units) Atlanta, GA 30316 Fax 404-243-3618 The Heritage at Walton Reserve 1675 Walton Reserve Blvd. 678-398-5001 (105 units) Austell, GA 30168 Fax 678-398-5002 Hearthstone Landing 100 Hearthstone Landing Dr. 770-345-1222 (12 units) Canton, GA 30114 Fax 770-345-1244 404~209-1598 Hidden Cove 1900 Stanton Delowe Connector Fax 404-209-8177 (164 units) East Point, GA 30344 BreakOut 404-209-8668 Backline 404-209-8694 Hidden Creste 3200 Stone Rd. 404-349-4220 (320 units) Atlanta, GA 30331 Fax 404-349-4770 404~505-7 442 Riverwood Club 901 Bolton Road Fax 404-505-1950 (144 units) Atlanta, GA 30331 BreakOut 404-696-9989 Backline 404-505-0492 Robins Creste 4171 Washington Road 404-559-0970 (160 units) East Point, GA 30344 Fax 678-904-2651 404-212-0310 Thornberry 2435 Aylesbury Loop Fax 404-212-8322 (280 units) Decatur, GA 30034 BreakOut 404-212~O380 Backline 404-212-4872 Tuscany Village 600 Northern Avenue 404-292-4460 (144 units) Clarkston, GA 30021 Fax 404-292-4464 Residences of Diamond Hill 3601 Deen Rd NE 817-625-4700 , (204 units) Fort Worth, TX 76106 Fax 817-625-7240 Eagles Landing 8000 Decker Lane 512-278-9300 (240 units) Austin, Texas 78724 Fax 512 2789337 Heritage Pointe (Eagles Pointe) 1950 Webberville Road 5129267100 (240 units) Austin TX 78721 Fax 512 9267102 Tower Ridge Apts 2560 Tower Ridge Road 940321-4135 (224 units) Corinth TX 76210 Fax 940 321-4137 Residences at Sunset Pointe 5400 Sycamore School Road 817423-7271 . (224 units) Fort Worth TX 76123 Fax 817 423-7274 Residences at Old Denton 8101 Old Denton Road 817 386-9541 (276 units -In Progress) Fort Worth, TX 76137 Fax 817 386-9540 qesidences at Eastland 5500 Eastland Street 817 507~3302 46 units -In Progress) Fort Worth, 1)( 76119 Fax 817 507-3303 Residences at Onion Creek 810 E. Slaughter 512-382-0793 . (224 units -In Progress) Austin, TX 78744 Fax 512- 356-9501 NuRock Management, Inc. Corporate Property List 11/6/2008 TAB 2 T:\ADMINISTRA TIVE\Templates\Tab Pages. doc SEACREST LANDING APARTMENTS PROJECT SUMMARY The proposed Sea crest Landing Apartments is an 86 unit new construction multifamily rental development on a 4.39 acre site that is located along a major north-south corridor in the City of Boynton Beach. This community will be located at the southeast corner of Seacrest Boulevard and 7th Avenue, a short distance north of Boynton Beach Boulevard, and in the Heart of Boynton Redevelopment Master Plan Area, as sponsored by the Boynton Beach Community Redevelopment Agency (CRA). The site is just south of a planned pedestrian plaza at Seacrest and Martin Luther King, Jr. Boulevard (10th Avenue). While much of the land on both sides of Seacrest Boulevard is Low Density Residential (LOR), the Boynton Terrace site maintains a High Density Residential (HDR) classification and is targeted in the Plan for multifamily redevelopment. As planned, our multifamily development is intended to complement publicly financed improvements to Seacrest Boulevard (medians, landscaping, improved lighting), and redeveloped commercial areas near Sea crest and MLK. The proposed Seacrest Landing apartment development is envisioned as an affordable housing community that will target area senior residents earning between 50 and 60% of the Palm Beach County area median income (AMI) of $67,600. Among the three reasons that a senior community is planned is it (a) will provide an affordable independent housing alternative to seniors who wish to stay in the area but struggle with the demands and costs of homeownership, (b) will allow creation of a site plan that will require less surface parking than a comparabl'y sized family project, and (c) smaller unit sizes will allow a less dense design while integrating more readily with the lower density surrounding neighborhood. Features and Amenities/Green Building The Seacrest Apartments will consist of two-four residential buildings anchored by a central clubhouse near all recreational facilities. The residential buildings will all be concrete block construction with painted stucco exteriors and dimensional shingle roofs. Each floor in each building will be serviced with an elevator. Each unit will have windows with hurricane-rated storm protection. One bedroom units will have one bath and average 769 nsf, and two bedroom units will have two baths and average 1,028 nsf. All units will feature a microwave, dishwasher and icemaker. Laundry facilities will be located on each floor for resident use. A particular hallmark of this development will be the use of green building materials and equipment. All appliances will be Energy Star certified for energy efficiency. All windows will be double pane with a minimum solar heat gain co-efficient to reduce air conditioning and heating costs. All wall insulation will be a minimum of R-7, attic insulation will be a minimum of R-30, and bedrooms and living rooms will have ceiling fans to reduce cooling costs. All air conditioning units will have a minimum SEER rating of 14 and water heaters will have a minimum of energy factor of .93. Showerheads and faucets will be equipped for water flow conservation, programmable thermostats will be installed in each unit, low VOC paint will be used in units and common areas, and Energy Star qualified lighting will be used in open and common areas. The community center will feature the leasing office as well as a fitness room, computer center and common room for community functions. A small kitchen area will lead to the pool and deck area. There will be an on-site storage facility. Planned resident services include: on-site supervised structured activities (no cost to the resident) on weekdays in the community center, computer training classes, health and wellness classes and a mentoring program. Surrounding Area The surrounding amenities include convenience stores, beauty salons, restaurants and other service centers. There is a CVS located east of the subject property across from the Promenade complex. In addition, the City of Boynton Beach's City Hall is within walking distance along with a U. S. Post Office. The nearest major shopping center is approximately 2 miles to the west of Seacrest along the Boynton Beach Boulevard and Congress Avenue corridor. The Boynton Beach Regional Shopping Mall, Super Waf-Mart and Super Target are all located in that immediate vicinity. Lastly, the new Promenade development located at the corner of Boynton Beach Boulevard and Federal Highway, just east of Seacrest Landing, will feature 318 luxury condo residences, 77 hotel suites and approximately 20,000 square feet of street front retail and restaurants. Financing We are proposing two different financing scenarios for the development of Seacrest Landing. One approach uses tax-exempt multifamily mortgage revenue bonds and equity from the sale of 4% housing tax credits, while the second uses 9% housing tax credits and conventional first mortgage financing. Either approach will rely on local policies and incentives such as credit for impact fees from the prior apartment project, discounted utility connection fees, partial waiver of building permit costs and expedited permitting. Under either scenario, our projections indicate that the land would need to be provided to the partnership on a no-cost basis for the development to be economically feasible. Tax-Exempt Bonds/4% Housinq Credits Under this scenario, the developer would apply to Florida Housing Finance Corporation (FHFC) or the Palm Beach County Housing Finance Agency (PBCHFA) for an allocation of tax-exempt multifamily mortgage revenue bonds. Both entities have ample allocations of bonds available, and which entity is chosen will depend upon the source of gap financing, With this bond allocation comes an automatic allocation of 4% housing tax credits for units serving households at or below 60% of AMI, which would be 100% of the units in Seacrest Landing. Provided that tax-exempt bonds are used for more than 50% of the cost of the job through the construction period, these housing credits can be sold to an equity investor. The good news is that these housing credits can be obtained without going through a lengthy competitive process, while the bad news is that they are worth less than half the value of the 9% tax credits. Even with no cost allocable to the land, the financing gap under this scenario is large, This is partly because equity pricing for the tax credits is nearly 40% lower than it was three years ago, and partly because the lower rents and smaller unit sizes cover a smaller amount of first mortgage debt. In addition, the fixed transaction costs of a bond issuance are spread over a smaller base given the size of the project, resulting in higher per unit transaction costs. We project the gap to be $5.4 million. There are two potential ways to fill this gap. First, while the Seacrest site is not in the target area for County NSP II funds, the County's prior allocation of NSP I funds is significantly underutilized at the present time, It would be our intent to apply to the County for a transfer of NSP I funds to this affordable 2 II multifamily rental project, so as to avoid a situation in which the County can not commit the funds by September and they revert back to the federal government. Secondly, we believe that FHFC still has in excess of $100 million in Tax Credit Exchange Funding (TCEF) that it acquired under the federal stimulus bill (ARRA) in 2009. We and others have lobbied hard for FHFC to issue an RFP that would couple tax- exempt bonds with TCEF gap financing for new construction projects. In the event that this RFP is issued, we would apply for an allocation and TeEF funding. 9% Housina Credits/Conventionalist Mortaaae Loan In this scenario, the developer would apply for 9% housing credits from FHFC in the 2011 Universal Cycle, which is projected to close in November 2010, with final tax credit awards in April 2011. Even though the project can support less debt under this approach because of the higher interest rate on the loan, this scenario works better because of the higher amount of equity being provided to the transaction through the sale of 9% housing tax credits. The gap in this case shrinks to $1 million, a portion of which would be provided by Palm Beach County through its required local government match. The benefit of this approach is that it dramatically shrinks the financing gap for economic feasibility. The downsides are (a) it is a longer time frame until the development can be started, and (b) the uncertainty of obtaining 9% tax credits through the competitive FHFC allocation process. Last year, there were approximately seven viable Palm Beach County tax credit applications, of which one received an award. We are lobbying for two projects to be allocated to the County this year, and we believe that Seacrest's odds will be better because, unlike most other potential projects, it will not require a large additional subsidy through the federal stimulus program. In effect, providing the land gives a potential application an important competitive edge. 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Delorme Street Atlas USA@ 2010. www.delorme.com 1" = 533.3 ft Data Zoom 15-0 Owner Information PCN: 08434521100010010 View Prooertv Details Name: BOYNTON BEACH CRA Location: 700 N SEACREST BLVD Mailing: 915 S FEDERAL HWY BOYNTON BEACH, FL 33435 5612 Preliminary Appraisal Valu Market Value: $410,54 Assessed Value: $410,542 Exempt Amn!: $410,542 Taxable: $ Preliminary Tax Value Ad Valorem: Non ad valorem: Total: Print Page I I Seacrest Landing Apartments produced by: pap:lgis ( httn. / /m~n~_('A)_n~ lm-hp.~('h f1 l1(!/1'\~1'\~oi ~/nrintin o-/n~1'\~ T .~v()llt.aSDX roperty Details Sales Info Sale Date 05/16/2007 11/01/1982 05/01/1981 01/01/1974 ~..w s Palm Beach County Property Appraiser Gary R Nikolits, CFA Page 1 of I Sale Price $6,500,000 $143,000 $140,000 $50 200 ,r.,./~";~."1 I, " \, .'/) ......:~.., 3/2312010 Print Page Seacrest Landing Apartments produced by: pap"gis 'htt1"'t'llm"'n~co.nalm-beach f111~/n"'n"'o1s/nrintinl!!DaDaLavout.aspx roperty Details Owner Information PCN: 08434521000000021 View Prooertv Details Name: BOYNTON BEACH CRA Location: 700 N SEACREST BLVD Mailing: 915 5 FEDERAL HWY BOYNTON BEACH, FL 33435 5612 Preliminary Appraisal Valu Market Value: $762,911 Assessed Value: $762,911 Exempt Amnt: $762,911 Taxable: $ Preliminary Tax Valu Ad Valorem: Non ad valorem: Total: Sales Info Sale Date 05/16/2007 11/01/1982 04/01/1981 '.' s Palm Beach County Property Appraiser Gary R Nikolits, CF A Page 1 of 1 Sale Price $6,500,00 $143,00 $14000 I~.~.~.. ~~ .; ~rt 3/23/2010 r'" The Heart of Boynton Redevelopment Master Plan , . IJ -- t I 1 ,If . /1 /, ft/r -I ~ I (.... " I " . ~\ } I l_ 1'. ,. " I. ; PaI'BII Map II . 11. I .. Il:III'IfllI CI HI' ;,,"\ ~I~I"''''. :;1/""""" l\ I.RIt~ lJI"';&[ Qlrll' '1f.J)j~:~I"'I' ....."...... - n, ....... PIlI ......... 'Id. ftJttr. 2 r Page 6 Strategic Planning Group, Inc. The Heart of Boynton Redevelopment Master Plan ~/J ,I I · ' ~I fiN;. I I ... f 'U , ,I /' I I , , r, ,~J\ 1'1 t NJ ~. I-~I ;;j' ~~.: " ","-",),"~-ITTI,-. ~'4"~' f~:I:Irl.i!-,'r'l--JL.-1~1\ t 'I - - ',', .~'l - -'l ,L1. :t;j- r J, ':.. , .. . t I '"'-,',.,.....-:. l-.~ . n I I ::-H ;.' . . TUrb>lll1l.lli{rn,-JHfHffb dl,l '1 . .' _ 11..~1.':\1~1 d n ail- E II r- e-- tl- 1.C"2 h-f . ------------...-------.- I" ':.11 ........- .r:...':-; w.. -.. ..1'...... .....- j::t.. --... -- -- )'~ - .""""'. "IC%., ::--- ... -'- ......... '*" .....- tl ill fIO:/ I · SUI. ~ Mill..... -,........11II --I......~ flpre 4, Page 11 Strategic Planning Group, Inc. ( .... .... ( TAB 4 ... f T:\ADMINISTRA TIVE\Templates\Tab Pages.doc - - The Heritage at Walton Reserve Austell, Georgia 105 Units Affordable Senior (2003) - - - ( ... ('- . (~ (- ----- - - Heritage pointe Austin, Texas 240 Units Affordable Senior (2003) ~ - .' \ 't. , \, \ .\ \\ '\ .. I t '1~:, "~~ <,;,,;? .,,' ~li\- ~. ',", " 1 )~~ "l- '1 ':~ ; "l~ ~ . >.~) '~'J . " Permanent Sources & Uses Summary Seacrest Landing Senior Apartments Boynton Beach, Palm Beach County, FL Eastwind Development, LLC 3/23/2010 13:07 Uses Total Cost Per Unit % Acquisition/Land $0 $0 0.00% Construction $7,692,256 $89,445 65.53% Permits & Fees $473,000 $5,500 4.03% Interestllnterim Costs $501,866 $5,836 4.28% Financing Costs $149,850 $1 ,742 1.28% Development Soft Costs $1,051,700 $12,229 8.96% Subtotal $9,868,672 $114,752 84.07% Developer Fees $1,578,988 $18,360 13.45% Project Reserves $290,363 $3,376 2.47% Total $11,738,023 $136,489 100.00% Sources Total Funds Per Unit % Tax Credit Equity $8,507,963 $98,930 72.48% 1 st Mortgage Loan $2,000,000 $23,256 17.04% Local Gov!. Loan (County) $200,000 $2,326 1.70% Tax Credit Exchange Funds $0 $0 0.00% Local Contribution $800,000 $9,302 6.82% Deferred Developer Fees $230,060 $2,675 1.96% Total $11,738,023 $136,489 100.00% Net Developer Fee Earned $1,348,928 Tax Credit Information Acquisition Eligible Basis Development Eligible Basis Difficult to Develop Area Basis Applicable Fraction Adjusted Acquisition Basis Adjusted Development Basis Annual Tax Credit Amount (Acquisition) Annual Tax Credit Amount (Development) Credit Percentage (acquisition) Credit Percentage (development) Syndication Rate Percentage of Partnership Syndicated Tax Credit Pay Schedule Closing of Tax Credit Funding 25% Completion 50% Completion 75% Completion Issuance of Certificates of Occupancy Cost Certification/Perm Loan Closing Project StabilizationlForm 8609s Total $0 $10,854,463 130% 100% $0 $14,110,802 $0 $1,269,972 3.44% 9.00% $0.6700 99.99% Total Funds $2,977,787 $0 $2,977,787 $0 $1,701,593 $850,796 $0 $8,507,963 $2,561,000 % Pay-In 35% 0% 35% 0% 20% 10% 0% 100% Total Units Total Square Feet Total Set Aside Units Total Corp. Funding Per Set-Aside Unit (DDA) Tax Credit Exchange Funds Per Set Aside Unit 31231201013:07 (e) jweir 3.23.10 86 84,271 86 85,192 o TAB 9 T:\ADMINISTRA TIVE\Templates\Tab Pages.doc Cash Flow Pro Fonna Seacrest Landlng SenIor Apartments Boynton Beach, Palm Beach County, FL Eastwlnd Development, LLC 3/23/201012:34 Projected tncome Rent Revenue (1) WasherlOtyer Income Cable Income other Income less: Vacancy loss (2) Total' Projected Income Operating Exp.nses Per Unit Total Units: 86 Year 1 Year 3 Yea' 2 Year4 Vear G Yea, 1 Year 5 Year 8 Yearg Year 10 Year 11 Year 12 Vear 13 Year 14 Yea, 15 Total $8,210 $706,043 $720,164 $734.568 $749,259 $764,244 $779,529 $795,120 $811.022 $827,242 $843,787 $860,663 $877,876 $895,434 $913.343 $931.609 $12,209,904 $216 $18,576 $18,948 $19,326 $19,713 $20.107 $2(),509 $20.920 $21,338 $21,785 $22,200 $22,644 $23,097 $23.559 $24,030 $24,511 $321,243 $ll $0 $0 $ll $ll $0 $0 $0 $0 $ll $0 $ll $ll $ll $ll $ll $ll $180 $15.480 $15,790 $18,105 $18,-427 $16.756 $17,091 $17,433 $17,782 $18.137 $18.500 518.670 $19,247 $19.632 $20,025 $20.426 $267,702 ($861) (S74,010) ($75,490) ($77 .OOO) ($78,540) ($80,111) ($81,713) ($83.34n ($85,014) ($86.714) ($88,449) ($90.218) ($92,022) ($93,683) ($95.740) ($97.655) ($1 ,279,885) $7.745 $668,090 $879,411 $893.000 $706,880 $720,997 $735,417 $750,125 $785,127 $780,430 $796.039 $811,959 $928,199 $844,763 $861.658 $876 891 $11,518,964 Real Eata'. Taxes 5750 lnaurence $575 UlIIiIIes (3) $300 Repairs and Maintenance $500 Management $310 Rental/Mklg Expenses $250 Ger-eral Administrative $300 On--Site Payroll $1.200 $_, $4.285 R8S8MlS1or Replacamenl $300 Pro/eoted aparaflng Expenses $4,585 Projected Operating IncornelDeflcH $3,160 Debt Service Ratio - First Mortaage CHI: Service Ratto - All Mortgaaes Debt Service $2,519 Net Income After Debt Sarviee $841 $84,500 $86,435 $86,428 $70.481 $72.595 $74,773 $77,016 $79.327 $81.707 $84.158 $49,450 $50,934 $52,462 $54.035 $55,656 $57,326 $59,046 $80,617 $82,642 $64,521 $25,800 $28,574 $27,371 $26,192 $29.038 $29.909 $30.807 $31.731 $32,683 $33,663 $51,600 $53.14ll $54,742 $56.385 $58,076 $59.819 $81.813 $83,461 $65,365 $87,326 $28,644 $27,443 $28.266 $29,114 $29,988 $30.887 $31.814 $32.768 $33,751 $34.764 $21,500 $22.145 $22,809 $23,494 $24,198 $24,924 $25.672 $26,442 $27,236 $28.053 $25,800 $26.574 $27,371 $28,192 $29,038 $29.909 $30,607 $31.731 $32,683 $33.663 $103,200 $106.296 $109,485 $112,769 $118,153 $119.637 $123,226 $126.923 $130,731 $134,653 $368,494 $379.548 $390.935 $402,663 $414.743 $427.185 $440.001 $453.201 $488.797 S480.801 $25.800 $25.800 $25.800 $25,800 $30,100 $30,100 $30,100 $30,100 $30,100 $30,100 $394,294 $405,348 $416,735 $428.4ll3 $4<14.843 $457 ,285 5470.101 $483,301 $4911,897 $510.901 $271,796 $274,063 $276.265 $278.397 $276,154 $276,132 $280.024 $281 ,827 $283.533 $285138 $216.631 $218.831 $216.631 $218.631 $216,631 $216,631 $216.631 $216.631 $216,631 $216,631 1.25 1.27 128 1.29 1.27 1.28 1.29 1.30 1.31 1.32 1.25 1.27 128 1.29 127 1.28 1.29 1.30 1.31 1.32 $55.185 $57 .432 $59,633 $61 ,765 $59,523 $81,500 $63,393 $85.198 $86,902 $88,507 $86,683 $89,283 $91.982 $94.720 $97,562 $1,199,630 $66.457 $68,450 $70,504 $72,619 $74,798 $919,716 $34,873 $35.713 $36.785 $37,888 $39,025 $479,852 $69.346 $71,425 $73,569 $75,776 $76.050 $959,704 $35,807 $36,881 $37,987 $39,127 $40,301 $495,542 $28,894 $29,761 $30,654 $31,573 $32.521 $399,877 $34,873 $35.713 $36.785 $37,886 $39,025 $479,852 $138,692 $142.853 $147,139 $151,553 $156,099 $1 ,919,408 $495,225 $510.081 $525,384 $541,145 $557,380 $8,853,580 $34,400 $34,400 $34,400 $34,400 $34.400 $455,800 $529,625 $544,481 $559.784 $575,545 $591.780 $7,309,380 $282.335 $283 717 $284.979 $286,113 $287,111 $4,209.583 $216.631 $216,631 $216.631 $218,631 $216,831 $3,249,468 1.30 1.31 1.32 1.32 1.33 1.30 1.30 1.31 1.32 1.32 1.33 1.30 $85,704 $67.066 $88,348 $89,481 $70,480 $960,115 C.Flow 1.14: $889,635 {lleQ;lnornle1ll'el1Clin9~..follows IlMUlIIferfnellllltlDns ...... openIting ellpeMe HCIIabon (21~'* (3le1ecbic.waf<<ands.-'1PMbe(~pald Monlllly Fit'ol Mort Debt SoNIc. (4) Second Mo e Debt Scvs. 5) Month Other Marte e Debt ServICe (6) Total Combined Annual Debt Service (4)IIrst~lnronnlJtlan; - .................(,....., banletrn(years) Herest~e (5) NSP Loan - -......(yeano) toanmm(years) inIerestl'8le (6) 1.0ClII Conb1bubOl'l (Loren) - 1lOOftIzItIonpertr:ld(yearsl tOWlIerm(years) Inlernlrate $18,053 $0 $ll $216,631 $3.075.000 35.0 18.0 6.25% $5.400,000 0.0 0.0 0.00% 102.0% \OJ.O% lO.O~ Tvoe Rent tIof Units Unll% Total Rent Sa. FI. alai Sa. Ft. lbr/1b $625 34 39.53% $21,250 769 26,146 1brl1b $609 9 10.47% $5,481 769 6,921 2br12b $750 34 39.53% $25,500 1,028 34 952 2br12b $734 9 10.47% $6 606 1,028 9,252 3br12b $0 0 0.00% $0 1,186 0 3br12b $0 0 O.OO"A. $0 1,186 0 TOTAL 86 100% $58,837 77.271 less $126 less $154 Type ~Q% AMI 50% AMI U1lIlIles ~O"A Mall 50"/. AMI Gross Gross Paid Rent Rent. lbrllb $848 $706 $97 $751 $609 2br12b $1018 $848 $114 $904 $734 3br12b $1176 $980 '133 51.043 $847 4br12b SO $0 SO $0 SO 20.93% al 5(r'4 19.07% "'60% 18 S6 so 0.0 30.0 000% TAB 8 T:\ADMINISTRATIVE\Templates\Tab Pages. doc Construction Sources and Uses Summary Seacrest Landing Senior Apartments Eastwind Development, LLC 3/23/201012:30 Uses Acquisition/Land Construction Permits & Fees Interest/Interim Costs Financing Costs Development Soft Costs (1) Project Reserves (1) Developer Fees Total Sources Tax Credit Equity - Const. Period Construction First Mortgage Series A Bonds Construction First Mortgage Series B Bonds (2) Second Mortgage NSP Loan (3) Supplemental Loan Local Govt. Contribution Total Total Cost $0 $7,692,256 $473,000 $594,625 $693,000 $760,500 $0 $240,653 $10,454,034 Total Funds $654,034 $3,075,000 $2,725,000 $4,000,000 $0 $0 $10,454,034 Construction Period Surplus/(Deficit) ($0) Compliance - 50% Test (TE Bonds/Basis+Land) (1) Cost Certification Accounting Fees and Project Reserves Deducted (2) Retired after completion with Tax Credit Equity (3) Balance of $5.4 million loan payable after completion 51.13% $5,800,000 ! Permanent Sources & Uses Summary Seacrest Landing Senior Apartments Boynton Beach, Palm Beach County, FL Eastwind Development, LLC 3/23/201012:33 Uses Total Cost Per Unit tl;() Acquisition/Land $0 $0 0.00% Construction $7,692,256 $89,445 62.17% Permits & Fees $473,000 $5,500 3.82% InteresVlnterim Costs $594,625 $6,914 481% Financing Costs $693,000 $8,058 5.60% Development Soft Costs $774,000 $9,000 6.26% Subtotal $10,226,881 $118,917 82.65% Developer Fees $1,840,838 $21,405 14.88% Project Reserves $305,462 $3,552 2.47% Total $12,373,181 $143,874 100.00% Sources Total Funds Per Unit % Tax Credit Equity - Acquisition/Rehab $3,270,168 $38,025 26.43% Tax-Exempt Bonds 1 st Mortgage Loan $3,075,000 $35,756 24.85% NSP 2nd Mortgage Loan $5,400,000 $62,791 43.64% Supplemental Loan $0 $0 0.00% Local Contribution' $0 $0 0.00% Deferred Developer Fees $628,013 $7,302 5.08% Total $12,373,181 $143,874 100.00% Net Developer Fee Earned $1,212,825 Tax Credit Information Acquisition Eligible Basis SO Development Eligible Basis $11,344,541 Difficult to Develop Basis 130% Applicable Fraction 100% Adjusted Acquisition Basis $0 Adjusted Development Basis $14,747,904 Annual Tax Credit Amount (Acquisition) $0 Annual Tax Credit Amount (Development) $495,530 Annual Tax Credit Amount (Total) $495,530 Credit Percentage (acquisition) 3.36% Credit Percentage (development) 3.36% Syndication Rate $0.6600 Percentage of Partnership Syndicated 99 99% Tax Credit Pay Schedule Total Funds % Pay-In Closing of Tax Credit Funding $654,034 20% 25% Completion $0 0% 50% Completion $0 0% 75% Completion $0 0% Issuance of Certificates of Occupancy $2,289,118 70% Perm Loan ClosinglForm 8609s $327,017 10% Total $3,270,168 100% Total Units 86 Total Square Feet 81,271 Total Set Aside Units 86 Total NSP Loan 5,400,000 Total NSP Loan/Set Aside Units 62,791 HOME Block Construction Multiplier 000 Net HOME Loan/Set Aside Units 0 Total Development Costs 12,373,181 NSP LoanlTotal Development Costs 4364% 3/231201012:33 jweir32310 TAB 7 T:\ADMINISTRA TIVE\Templates\Tab Pages. doc Sea crest Landing Apartments - Rent Schedule & Unit Mix Based on Tax Exempt Bond Financine: Scenario # of Square Bedroom / I Area Median Income * Net Proposed I subsidized Units Feet Bathroom 1 Range of Ten ant Rent 34 769 1/1 $ 33,930 @ 60% AMI $ 625 ~ 9 769 1/1 $ 28,275 @ 50% AMI $ 609 34 1,028 2/2 $ 40,740 @ 60% AMI $ 750 i 9 1,028 2/2 $ 33,950 @ 50% AMI $ 734 J * The Net Proposed Rent is "Net Rent", which has utilities taken out and are based on the 2009 Maximum Rents for Palm Beach County. In addition, due to market conditions we discounted the rents further only on the 60% unit floor plans. Based on Low Income Housine: Tax Credit (9%) Financine: Scenario # of Square Bedroom / Area Median Income * Net Proposed subsidized Units Feet Bathroom Range of Tenant Rent --- 38 769 1/1 $ 33,930 @ 60% AMI $ 625 5 769 1/1 $ 15,834 @ 28% AMI $ 298 I I 39 1,028 2/2 $ 40,740 @ 60% AMI $ 750 --j i 4 1,028 2/2 $ 19,012 @ 28% AMI $ 361 J * The Net Proposed Rent is "Net Rent", which has utilities taken out and are based on the 2009 Maximum Rents for Palm Beach County. In addition, due to market conditions we discounted the rents further only on the 60% unit floor plans. TAB 6 T:\ADMINISTRATlVE\Templates\Tab Pages.doc Seacrest landing Apartments 2 Bedroom I 2 Bathroom Sample Floor Plan i I " ' " ~, ,. -: ... ."GiJ,~" ',', . . .,"01 , MASTER BED " f I ~ i ~ r ' r };IICHEN DINING , I UNIT B.2R 2BR /213 1.028 SF i j I ~ l f f ! t BED #2 LIVING PAllO :-::~t .. .~: -"'U'.--',r-- .; H ti z: J ::::l 6'-0" Seacrest Landing Apartments 1 Bedroom / 1 Bathroom Sample Floor Plan ]'~' ., I' 1 , . ~ 00 , · KITCHE.N -, 00 , .--, . I r 'A511E.rt l'ATHt.. - - - .- - ~ :;.').... .. .---. ... .. " WlC I ~ I rl ';; ! DINING ~: r ( UNIT A.1 16R /16 769 SF t f I .f ! ,~ MAStER eED LIVING :1. PATIO ~ TAB 5 T:\ADMINISTRATIVE\Templates\Tab Pages. doc Construction Sources and Uses Summary Seacrest Landing Senior APartments Boynton Beach, Palm Beach County, FL Eastwind Development 3/23/201013:07 Uses Total Cost Acquisition/Land Construction Permits & Fees Interest/Interim Costs Financing Costs Development Soft Costs (1) Project Reserves Developer Fees Total $0 $7,692,256 $473,000 $501,866 $149,850 $948,200 $290,363 $394,747 $10,450,282 Sources Total Funds L1HTC -- Const. Period Construction First Mortgage Loan Construction First Mortgage Bridge Loan local Govt. Loan Tax Credit Exchange Funds local Govt. Contribution Deferred Developer Fee Total $5,955,574 $2,000,000 $2,294,708 $200,000 $0 $0 $800,000 $10,450,282 Construction Gap $0 (1) Tax Credit Compliance Fee and Cost Certificalion Accounting Fees Deducted ! TAB 10 T:\ADMINISTRA TIVE\Templates\Tab Pages. doc / Cash Flow p, na Seacrest Landmg Senior Apartments Eastwind Development 3/23/2010 13:07 Projected Income Rent Revenue (1) WasherlOryer Income Cable Income Other Income Less: Vacancy Loss (2) Total Projected Income /'. .... Total Units: 86 Per Unit Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Yea, 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Total $7,805 $671.204 $684,628 $698,321 $712,287 $726,533 $741,064 $755,885 $771,003 $786,423 $602,151 $818,194 $834.558 $851,249 $868,274 $885,640 $11,607,418 $216 $18,576 $18,948 $19,326 $19,713 $20,107 $20,509 $20,920 $21,338 $21,765 $22,200 $22,644 $23,097 $23,559 $24,030 $24,511 $321,243 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $180 $15,480 $15,790 $16,105 $16,427 $16,756 $17,091 $17,433 $17,782 $18,137 $18,500 $18,870 $19.247 $19,632 $20,025 $20,426 $267,702 ($798) ($70,526) ($71,937) ($73,375) ($74,843) ($76,340) ($77,866) ($79,424) ($81,012) ($82,632) ($84:285) ($85,971) ($87,690) ($89:444) ($91,233) ($93,058) ($1,219,636) $7,402 $634,734 $647,429 $660,378 $873,585 $687,057 $700,798 $714,814 $729,110 $743,692 $758 566 $773,738 $789,212 $804 997 $821,097 $837,519 $10,976,726 Operating Expenses Real Estate Taxes Insurance Utilities (3) Repairs and Maintenance Management RentallMktg Expenses General Administrative On-Site Payroll Subtotal Reserves for Replacement Projected Operating Expenses $750 $575 $300 $600 $370 $250 $300 $1.200 $4,345 $300 $4,645 Projected Operating IncomelDeficit $2,757 Debt Service $2,108 Debt Service Ratio - First Mortgage Debt Service Ratio - All Mortgages Net Income After Debt Service $650 $84.500 $66,435 $68.428 $70,481 $72.595 $74,773 $77,016 $79,327 $81,707 $84,158 $49,450 $50,934 $52,462 $54,035 $55,656 $57,326 $59,046 $60.817 $62.642 $64,521 $25,800 $26,574 $27,371 $28,192 $29.038 $29,909 $30,807 $31,731 $32,683 $33,663 $51,600 $53,148 $54.742 $56,385 $58,076 $59,819 $81.613 $63.461 $65.365 $67,326 $31,830 $32,784 $33,768 $34.781 $35,824 $38,899 $38,006 $39,146 $40,321 $41,530 $21,500 $22.145 $22.809 $23,494 $24,198 $24,924 $25,672 $26,442 $27,236 $28.053 $25,800 $26,574 $27.371 $28,192 $29.038 $29,909 $30,807 $31,731 $32,683 $33,663 $103,200 $106.296 $109,485 $112,769 $116,153 $119,637 $123,226 $126,923 $130,731 $134,653 $373.680 $384,890 $396,437 $408,330 $420,580 $433,197 $446,193 $459,579 $473,366 $487,567 $25,800 $25,800 $25,800 $25,800 $25,800 $30,100 $30,100 $30,100 $30,100 $30,100 $399,480 $410,690 $422,237 $434,130 $446,380 $463,297 $476.293 $489,679 $503,466 $517,667 $235,255 $236,739 $238,141 $239,455 $240,677 $237,501 $238,521 $239,431 $240,226 $240,899 $181,247 $181,247 $181,247 $181.247 $181,247 $181,247 $181,247 $181,247 $181,247 $181,247 1.31 1.32 1.33 134 1.34 1.32 1.33 1.34 1.34 1.34 1.30 1.31 1.31 1.32 1.33 1.31 1.32 1.32 1.33 1.33 $54,008 $55,493 $56,894 $58,209 $59,431 $56,254 $57,274 $58,185 $58,980 $59,653 $86,683 $89,283 $91.962 $94,720 $97,562 $1,199,630 $66,457 $68,450 $70,504 $72,619 $74,798 $919.716 $34,673 $35,713 $36,785 $37,868 $39,025 $479,852 $69,346 $71,426 $73,569 $75,776 $78,050 $959,704 $42,776 $44,060 $45.381 $46,743 $48,145 $591.996 $28,894 $29,761 $30.854 $31.573 $32,521 $399,877 $34,673 $35,713 $36.785 $37,888 $39,025 $479,852 $138,692 $142,853 $147,139 $151,553 $156,099 $1,919,408 $502,194 $517,260 $532,778 $548,761 $565,224 $6,950,035 $34,400 $34,400 $34,400 $34,400 $34,400 $451,500 $536.594 $551,660 $567.178 $583,161 $599,624 $7,401 ,535 $237,144 $237,552 $237,619 $237,935 $237,695 $3,575,191 $181,247 $181,247 $181,247 $181,247 $181,247 $2,718.698 1,32 1.33 1.33 1.33 1.33 1.33 1.31 1.31 1.31 1.31 1.31 1.32 $55,897 $56.306 $56,572 $56,689 $56.648 $656,493 C.Flow 1-14: $799,645 (1) economicllrending Bssumptlons as follows annual rent escalations annual operating elCpense escatalion (2) vacancy rate (3) water and sewer will be resident paid Monthly First Mortgage Debt Service (4) $14,937 Monthl Second Mortaaae Debt Scvs. 15\ $167 Monthl Other Morlaaae Debt Service (6\ $0 Total Combined Annual Debt Service $181 247 (4) first mortgage Infonnation; principal amortization period (years) loan term (years) interest rate $2.000,000 35.0 18.0 8.50% (5) Local G€M. Loan prindpal amortization period (years) loan term (years) interest rate $200,000 20.0 20.0 1.00% (6) loeal Contribution (Grant) principal $800,000 102.0% 103.0% 10% Tvpe Rent #Of Units Unit% Total Rent Sq. Ft. otal SIl. Ft. 1br/1b $625 38 4419% $23,750 769 29,222 1 br/1 b $298 5 5.81% $1,490 769 3.845 2br/2b $750 39 45.35% $29,250 1,028 40,092 2br/2b $361 4 4.65% $1,443 1,028 4,112 TOTAL 86 100% $55,934 77,271 Type 60% AMI 28% AMI 60% Max 28% Max Gross Gross Rent Rent lbr/lb $848 $395 $751 $298 2br12b $1,018 $475 $904 $361 Allowance MSA. 10.47% at28% 9 2009 Med. Inc. 89.53% at 60% 77 ~. l-v,' J'" . ; ,. .-.J ' . i...... . ~ .e.,';":~,,, ..ti' ~;'i~'~' <I . ~..),.J ' " , " '11i,l I J '\ ~ ,~ ,/ i- 1 JUY'.,i:',. (~"i: @ ) I: ~ A.f11. Ocean Breeze Boynton Beach, FL RFP for the Redevelopment of Ocean Breeze Submitted by: Auburn Development, LLC 777 East Atlantic Avenue, Suite 200 Delray Beach, Florida 33483 LETTER OF INTEREST FIRM PROFILE SITE PLAN SURVEYS BANK INVESTOR REFERENCES ._,_____........"".....__."""_..__,...,~_.___"..N.c""'._.'..____. ".."'..,''''''''"......""--'''-"''".'"'.__.....,,,.~."__..._. "~~'.'''''..,,"''''',.~......' ,""'.M'.' "...........,,' -."..... >.>;_".. -..".., ."'-,_..."....~~--"...._-;="-...,.....~-,..-.".,_._"~. .,.."'...."',.-."""""-"."'.-,.,. ,"". .-, . - Auburn Group Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FI. 33435 Attention: Lisa Bright, Executive Director March 22, 2010 Ladies and Gentlemen, Submitted herewith is our response to your Request for Proposal for the re-development of Ocean Breeze. Understandin2 of Work to be ComDleted The respondent, Auburn Development, LLC , has read and understands all procedures of this RFP. The project site of approximately 4.39 acres of property known as the Ocean Breeze Site is located on parcels east of N. Seacrest Blvd between 6th and 7th Aves in Boynton Beach CRA' s Heart of B()ynton with a proposed density of 20 units per acre. (See Survey) The development is contemplated to be a 9% LIHTC fmanced affordable apartment community. We propose to work closely with CRA staff to overcome the known obstacles to procuring a successful award from the Florida Housing Finance Corporation's (FHFC) Competitive Universal Cycle. These include locating a local grocery within 1 mile of the site that can be expanded to meet the 4,500 sq. ft. minimum requirement and the requirement that zoning be in place prior to the application cure deadline. Commitment to Perform the Work EXDeditiously We hereby commit to perform the work expeditiously. Commitment to Start Work Immediately We hereby commit to start work immediately. Commitment to Timely Obtain Required Insurance We hereby commit to timely obtain all required insurance. Willin2 to Execute a Purchase and Sales A2reement Auburn Development is willing to execute a Purchase and Sale Agreement based on negotiations with CRA staff upon publication of the program rules by FHFC for the 4.39 acre vacant site known as the 777 East Atlantic Avenue, Suite 200, Delray Beach, Florida 33483 Telephone: (561) 278-2901 FAX: (561) 278-3903, Email: Brian@aubumgroup.net TAB 1 T:\ADMINlSTRA TIVE\Templates\ Tab Pages. doc . - - ~AllbUrn ~Group Auburn Development, LLC Bai1k References Citi Community Capital-Boynton Bay Apartments Balance: $17,690,000 Director: Barry Krinsky (305) 470-6090 2 Orion Bank-Auburn Trace Ltd./ Auburn Trace Apartments Loan #00007521472 Balance: $9,058,000 Area President: Peter 1. Kampine (561) 653-5022 3 Wachovia --- Walden Pond Ltd./The Hamlet at Walden Pond Loan #9368072674 Balance: $3,740,200 Officer: Bruce Hartman (954) 467-5551 4. Washington Mutual-The Groves of Delray, Ltd./Groves of Delray Apts. Loan #7018768791 Balance: $2,768,000 Officer: Tim Adams (214) 492-4300 5. Legacy Bank Corporate Checking Accounts Officer: Margo Hall (561) 544-8400 6. Orion Bank Corporate Checking Accounts VP - Treasury Management Officer (561) 653-5033 . - - ~ Auburn ~Group Auburn Development, LLC Partner/Investor References 1. Kenneth Dixon-Orlando Properties Partner of 10 Multifamily Developments President-Leland Management (407) 447-9955 2. David Urban-Boynton Bay Ltd. RBC Capital Markets 100 Second Ave. South, Suite 1201 St. Petersburg, FL 33701 (727) 502-3607 3 , Jason E. Lamneck Aegon USA Realty Advisors, Inc. 4333 Edgewood Road NE Cedar Rapids, IA 52499 (319) 355-6161 4, Brad Ingerman-Walden Pond Partner President-The Ingerman Companies 725 Cuthbert Boulevard Cherry Hill, NJ 08002 (856) 662-1730 TAB 2 T:\ADMINISTRA TIVE\Templates\Tab Pages.doc . - - ~ Auburn ~Group AUBURN DEVELOPMENT, LLC Firm Profile COMPANY BACKGROUND Auburn Development, LLC. is a Florida Limited Liability Corporation (LLC), specializing in real estate development. Our offices are located in Delray Beach, Florida. The firm was originally established by Tom Hinners in 1987 as Florida Affordable Housing, Inc. ("F AHI"). Over the next twenty years F AHI, under Mr. Hinners' direct leadership, developed, then sold and/or leased and managed over 5,000 units of affordable housing in the State of Florida, including multi-family rental, condominium, and single-family. Auburn Management, Inc. and ultimately, Auburn Development, LLC., spun off of F AHI. Mr. Hinners holds the same distinction as founder and Chairman in each of the three companies, providing the common thread. For years F AHI has been the industry leader, continually turning out award wilming, cutting edge properties and being the first in the State of Florida; from Auburn Trace which was the first tax credit property to Ashley Place, the first SAIL financed community, to City View, the first community to offer Workforce Housing, to our most recent innovation, Villages at Delray which transforms a large blighted area into a mixed-income neighborhood by layering subsidies from the local level all the way up to the federal level. In addition to leading the pack, F AHl is known for turning out award winning properties. In addition to being the first development in the State to be built with tax credit funding, Auburn Trace was recognized by the National Association of Home Builders as the "Finest Affordable Housing Community in the Nation." Tom Hinners has always been a visionary, but more importantly a developer with a social conscience who is known for honoring his commitments to stakeholders. In 2005, after Hurricane Wilma devastated all of the public housing stock in Delray Beach, Auburn Development was selected to partner with the Delray Beach Housing Authority ("DBHA") to redevelop the condemned housing so necessary for the very-low income population. The resulting redevelopment proposal which adds an adjacent Developer-owned rental community to the DBHA site, has become a catalyst for one of the most innovative public- private initiatives that includes local, county, state, federal and private funds and proposes to convert a significant percentage of the City's affordable housing stock into a mixed-income neighborhood spanning 70 acres and 1,200 units. COMP ANY MISSION Auburn Development's core competency is building affordable, sustainable commumtles for families who want to live, work and play within walking distance of their home and to further build homes for buyers who are looking for value but who also crave diversity and feel comfortable with mixed-income development, seeing it as a social positive. . - Auburn Group "Ocean Breeze Site". Auburn Development is willing to work with staff to determine the amount Ocean Breeze can afford to pay for the land based on the availability of sources of funds once all applicable finance programs are published by FHFC. Reasons why we are the Most Qualified to Perform the En2:a2:ement Auburn Development Experience · 18 Years of Experience in Affordable Housing · 17 Successful 9% Tax-Credit Applications · 4,118 Housing Tax-Credit Apartments · 868 market rate rental apartments · 333 Subsidized Single Family Homes . 588 Condominiums · 66 Townhouses (Workforce Housing) . 2 life care retirement communities . 36 nursing homes . 2 Retail Malls Auburn Development National Award Winnin2: Developments "National Association of Home Builders" (NAHB) · Auburn Trace, Delray Beach (Tax-Credit) - "Finest Family Affordable Development in Country" · Boynton Bay, Boynton Beach (Tax-Credit) - "Finest Senior Affordable Development in Country" · Groves ofDelray, Delray Beach (Tax-Credit) - "Finest Senior Affordable Development in Country" · Walden Pond, Miami (Tax-Credit) - - "Finest Senior Affordable Development in Country" Community Involvement · Community Engagement - We will sponsor numerous community meetings and engage local stakeholders as part of the development process to develop a shared vision. · Charitable Sponsorship - We are currently sponsors of the EPOC Spady Museum, Weed and Seed Program, Milagros, Foster Grandparents, the Community Child Care Center and many other non-profit groups. 777 East Atlantic Avenue, Suite 200, Delray Beach, Florida 33483 Telephone: (561) 278-2901 FAX: (561) 278-3903, Email: Brian@aubumgroup.net . - Auburn Group With good communication, cooperation, and collaboration, we have worked with the public sector and have created projects that serve the needs of the community, its stakeholders, and residents. We have worked to transform streetscapes, assemble land, apply new urbanism, and help maintain public support in redevelopments that have changed the landscape and appearance of the neighborhood by improving the lives of the citizenry. We have assembled a creative and talented group of experienced local professionals as part of our proposed development team. We were one of the first developers to build Tax-Credit Housing and Workforce Housing in Florida. We have demonstrated beyond reasonable doubt our professional ability to achieve the social objectives of attainable housing while meeting the financial objectives of our investors, financial institutions, and partners. This response is firm and irrevocable for 90 Days. Respectfull y, ~' Brian Hinners, on behalf of Auburn Development, LLC CEO .... 777 East Atlantic A venue, Suite 200, Delray Beach, Florida 33483 Telephone: (561) 278-2901 FAX: (561) 278-3903, Email: Brian@auburngroup.net . - - ~AUbQm ~GroQP COMPANY SERVICES Auburn is an industry leader in real estate development. Our tlnanciers and investors rely on our team of seasoned professionals to make decisions based on their experience and full knowledge of a project from conception to completion and stabilization. We have the added advantage of being able to offer a full range of services within each community that we develop, including: .:. AcquisitionlDisposition .:. Real Estate Development .:. Asset Management .:. Property Management .:. Lease up and stabilization .:. Full Construction Services ..:. New Home Sales .:. FinancelCapital Structuring .:. Mortgage Brokerage .:. Title Insurance Auburn Development Relevant Experience Real Estate 1. Development Feasibility Studies 2. M/WBE Participation 3. Sale of Real Estate 4. Developer of Real Estate 5. Real Estate Redevelopment 6. Zoning Approval 7. Subdivision Approval 8. Site Preparation Work 9. Environmental Work 10. Dedicated Infrastructure Financing Received and Employed 1. Federal Home Loan Bank 2. LIHTC 3. SAIL 4. CDBG 5. UDAG 6. HOME 7. County Financing Program 8. Bank Financing 9. Bond Financing 10. Tax Credit Syndicator 11. Personal Guarantees 12. Corporate Guarantees Construction Services 1. Construction Contractor 2. Construction Manager 3. Infrastructure Construction 4. Design Services Property Management 1. Marketing Plans 2. Property Manager 30 Site Maintenance 4. Site Security Relevant Experience and Past Perfornlance oca rants an u Slly Development Units/Homes Grants and Subsidy Grant Source 1 Aubum Trace Apt., Delray Beach 256 Units $7,293,000 SAILIUDAG/City 2 Ashley Place Apt., Orlando 96 Units $1,600,000 CDBG/SAIL 3 Boynton Bay Apt., Boynton 240 Units $3,855,000 CDBG/City/SAIL 4 Cabana Club, Miami 332 Units $1,545,000 HOME Loan 5 Fox-Hollow, Orlando 156 Units $3,015,000 CDBG/County/SAIL 6 RosecIiff Apts., Sanford 120 Units $2,106,000 SAIL/Fed. Home Banle 7 April Circle, Naples 120 Units $2,145,000 SAIL/County/Fed. H. Bank 8 Groves of Delray, Delray Beach 164 Units $1,981,000 SAIL/County 9 Citms Glen, Orlando 272 Units $2,170,000 SAIL/County Land Grant 10 Silver Pines, Orlando 240 Units $3,150,390 County/SAIL 11 Casselberry Woods, Casselberry 304 Units $2,500,000 SAIL 12 Bayou Crossings 290 Units $3,759,000 County/SAIL 13 Club Goldenrod 320 Units $1,950,000 SAIL/County 14 Walden Pond, Miami 312 Units $5,451,000 SAIL/Countyl Andrew Tmst 15 Oak Harbor, Orlando 176 Units $2,371,726 County/SAIL 16 Parkview Homes, Orlando 74 Homes $1,205,904 HOME/FHF AlCity 17 Las Alamedas, Orlando 44 Homes $541,316 Fed. Bank/Home/County 18 Silver Pines, Orlando 80 Homes $2,127,480 County/Fed. Bank/State 19 Cross Creek, Osceola County 100 Homes $1,520,000 HOME/FHLBB 20 City View Homes, Ft. Lauderdale 60TH $3,660,000 SHIP/Land Grant/CDBG 21 St. James Place, Port Charlotte 288 Units $2,300,000 CountylSHIP L IG dS b"d Total State and Local Grants & Subsidy Awarded: $56,246,816+ Total Federal SUbSidy Awarded in Housin2 Credits: $200.000.000+ Total Value of Grants & Subsidy Request Awarded to Our Developments = $256,000,000 TAB 3 T:\ADMINISTRA TlVE\ Templates\ Tab Pages. doc ('~..: S!:1.!:RtST 8CIJU:~~" - III-.j .. ..... .._.w~..... - 'l:-. ~~.t. - t'~ L) e :;;fJ:> ;l .to~:'-- h s-~e; ~i~~ --- ;='~~ ~S>Q. ~1n:;O ~~a- .~ r;- u =. ::: r!~:2 ,~~~ ...Ii! ~ o.il> en !N~ c:.. --1 ' 3 ..: E_ C! -.. ....., ;: :'Nl'I' ~~C' ,~!~ ' Q ~ to CD ~ ~ ~- -,;..- 0 .....:.0..... ~D.if <;>o...Q ~ ~ ~ ;:t> fA w" 1M 2: ~ i j iJ !i !: .. ... i~ a .~~ :J - 5"'0 '. "-' gt i~if G' ~. ~ =' ~ to =1 ji'G:' ~ ) Ie ."" S ~ !'; ~ ..~ ;: ~ ~ ~ ::r n l-1 --- (i) ..... ,i c:: ........-)>0 .. ::s ~''lI' = It:=~ ~ (1). ..c~ 5: lit f4 r""t- S' - c:n N' !~.. ~ 0 ,.a I II'! - ::!. 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Commercial Lease Renewal Tabled March 15, 2010 IIR~elRA Ii East Side-West S,de-Seas.,de Renaissance eRA BOARD MEETING OF: April 13, 2010 I I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Consideration of Approval for Splashdown Divers, Inc., Commercial Lease Agreement SUMMARY: In March 2006, the CRA purchased the two story retail dive shop building and 24 marina slips located at 700 Casa Lorna Boulevard from DSS, Inc. in order to preserve the existing commercial fishing and diving businesses as well as to provide additional public access to the waterfront. Splashdown Divers, Inc. has occupied the retail space as a dive shop since 2001 and has operated as a commercial dive vessel in the marina since 1984. The dive shop retail space is approximately 1,251 sqft in size and occupies the majority of leasable space on the first floor of the building. Past lease agreements with Splashdown Divers, Inc. have been written for a one year term while the future of the building was being contemplated as part of the Boynton Harbor Marina Master Redevelopment Plan. To date, the CRA has made no capital improvements or interior upgrades to the existing building. At the regular meeting held on March 15, 2010, the CRA Board was presented a draft renewal lease agreement for Splashdown Divers, Inc. based on the terms and conditions set forth in previous leases. The CRA Board tabled discussion on the item when Lynns Simmons, owner of Splashdown Divers, Inc., wanted to negotiate additional lease terms not detailed in the Board packet. Staff was asked to meet with Ms. Simmons regarding her specific lease issues and bring back recommendations. 'ECOMMENDATION: The following is a list ofCRA staff recommendations for each Tenant requested change (see attached): 1. Staff Recommendation: Approval of language to include the rental of Slip #1, located adjacent to the dive shop building, under the terms and conditions of the Boynton Harbor Marina Slip Lease Agreement. 2. Staff Recommendation: Approval of a one year lease term with an option for a one year renewal upon written notification by the Tenant, and an option for a third one year renewal upon mutual approval of the CRA and the Tenant. 3. Staff Recommendation: Denial of Tenant request for a rent reduction for providing informational services to visitors. 14. Staff Recommendation: Denial of Tenant request to provide an alternative rental relocation acceptable to Tenant in the event the lease is terminated. 17. Staff Recommendation: Acknowledgement that the storage of reasonable amounts of commercial boat motor oil for business use only is acceptable. Section 10. Staff Recommendation: Approval of additional language concerning "quiet enjoyment". RIGHT OF FIRST REFUSAL. Staff Recommendation: Denial of Tenant request that the CRA provide right of first refusal language. FISCAL IMPACT: FY 10-11 Budget Annual Revenue of$15,750.00 based on the lease rental rate. r~~~ ~.1ichael Simon, Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\3-1 0-09 Meeting\Splashdown Dive Shop Lease Renewal 10-II.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 hereofis 700 Casa Lorna Blvd., Boynton Beach, Florida 33435,. 1. LEASE)) PRIlMIKUr 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 Lorna 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 Lessor shall lease to Lessee the same or comparable boat slip Lessee I,as been utilizing. 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. "'Parties agree to negotiate a multi-year term within 3 months of the commencement date 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 &qlount ofRi~ Five and 31/100 Dollars ($85.31) for a TOTAL MONTHLY RENT due in the &mount 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 OO/J 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 tbe Leased Premises or is severely impacted due to construction or renovations being done by Lessor at Lessor's request. Lessor agrees to offset rent by reasonable compenstllitm fllr senices provided by Lessee to Lessor or other tenants wlrich are not part of the services regularly offered by a dive shop and are agreed to by both parties. 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 "Conunon 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 conunon 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 Conunon Areas. 6. OBLIGA nONS 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 heat.mg and cooling system or electrical system. . .. 7. IMPROVEMENTS/ALTERATIONS. No structures, improve~~.Qts or alterations of any kind shall be placed upon or made to the property witJ,iorif first ob~i~ing the prior written approval of the Lessor. Lessee, at Lessee's expense,miy only maketh()se certain interior leasehold improvements to the Leased Premises in~9cordance with and purs~t to plans and specifications approved in writing in advance by ~~~~<?r. Any interior improveme*t~made to the Leased Premises without Lessor's written approval sh8JJ c.onstitqt~ a default ofthis~LCase. '. . . . . ," . '," . , 8. SIGNS. No sign or visual advertisement shall be pla~4 on the exterior of the Premises (unless already installed on the Premises ~p<>.n the start ofthele~~e Term) without first obtaining the express prior written consent ofLessor/h.<:w(~yer, Lessee shallJ)e elltitled to have signage on the door of the Premises consistent with door sigm.g~ ~ti1ized by rimer Lessees and as approved by Lessor; such ~gnage to be at Lessee's expepse. ...... .. , ' , .' 9. CASUALTY. In the,~ventt4~ Leased Premjs~s shall be' destroyed, damaged or injured by fIre or other casualty q1.Jring the life. of this Lease, then the Lessor shall, at Lessor's option have the right to render theLe.~ed Preiti~ses unLessee~~~e ninety (90) days there from. If the Leased Premises are not rendered ~esseeabJe,~ithin said tiwe, or if Lessor shall decide not to restore the Premises, Less()r. shall cancet~iease;~a.n,<i41the event of such cancellation, the Rent shall be paid only t9thedaie.()f.~uch fife9~ casualtY. An costs of casualty repair; herein mentioned shall be paid p'yLessor at itsO,W expen$~,;unless Lessee caused such destruction, damage or fIre and in thl:\t~e Lessee shall~Jully reSPQnsible for all costs associated therewith. If the Leased Premisesar~ rendered unr.e~$~eable,~d such u*sseeability continues for ninety (90) days, Lessee, at Less~'s option mafterminate the Lease as of the date of the casualty occurrence only if the Leased;P~.mses ca.mjpt be used for Lessee's intended use. The cancellation herein mentioned shall be~yidenc~ in writing. Base Annual Rent and Additional Rent (collectively "Rent") shall not be~~e . and owing for the period of unLesseeability, however if the Leased Premises are not unLes'$eeable, 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 tennination 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 LE&~Ii'.F.. 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 ftom 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. INS~CE. Lessee shall maintain, with respect to the Leased Premises, comprehensive general liability insurance with limits of not less than One Million DoUars ($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 shaU 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 shaJl cease and tenninate 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. Alternate acceptable space/locatioll will be provided by Lessor and will be accepted by Lessee in exchange for the rights to remain in business at the established locale. 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 ofthe 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 perfonn 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 v~ 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 ejection, 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 shan 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 tenns 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 detennined 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, damag~ costs, charge, or expense arising out of any such contamination. 18. ASSIGNMENT. MORTGAGING. SVBLEITING. 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 (Hi) by depositing the same into the custody of a nation~lly 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 AgellCY 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 Ifto Lessee to: Splashdown Divers, Inc. 700 Casa Lorna Blvd. BO)'AtoIl :a~ach, Florida 33435 Attn: Lynn$immons 20. MISCELLANEOUS. 'Il'N!A:)?\ Vi -'\-.... C8':,v\- [:'_ { ? t}\~)J '~ ""II 10 (,IH' .,,\1 {v JP AUf' Section 1. Quietr:.nioyment.I-e~sor covenap,ts and agrees that upon Lessee observing and performingallofthet~J:n1s, cOV~l'1ants and conditions on Lessee's part to be observed and performed hereunder, thafLessee roilY peaceably and quietly have, hold, occupy and enjoy the LeasedPretllises in accordatice with1he terms of this Lease without hindrance or molestation from Lessor()r any persons ltiWfully claiming through Lessor. Section 2. Holdin~. Over. In the event that Lessee or anyone claiming under Lessee shall continue occupancypf the I,.eased 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 ofthe 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 of the Lessor. Section 6. Invalidity of Particular Provision. If any teOll 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. (' M .11 \ ??Section 7. Captions and Definitions of Parties. The captions of the Sections of this Lease are / -I r' for convenience onlv and are not a Dart 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 m~ where the context so admits or requires, the persons, film 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 provid~ 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 A~ment. 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 "01 Interfere with ti,e business oDeratiolls of all)l co-Lessee of this oremises. *RlGHT OF FIRST REFUSAL. In further consideration for the execution of this Lease, Lessor grants to Lessee a first refusal option to lease the Leased Premises at the conclusion of the Lease, before all others. Such option shall inure to the benefit of Lessee only and shall expire sixty (60) days after expiration of the Term of this Lease (hereinqfter "refusal option c)(h;b.t \'-^~ I 16'-5' --- - T I SEMnSr I OFFICB I ( SEAMlST I 12'-4 SQ.FT 202, I ~ I I I ! I I I I I I ========:1:C==== --- I --- I I I I DIVE SHOP I SQ.FT 1251 I I J 47'-8' t AHU I I = = I I f===l ~ I , BREAK I ROOM ! i COMPWSOR I ROOM I BATH I ROOM ~ I I T - I - I --.....-_- --- _~J 2.0'-3' r- I I I I I I I I r 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__ I I I ~______l _'" ,"~;"",,,:.o~~~-wr<,,i~....~~1l!!M!~~~"i'W"-'Sl-.!I~'~i1I3"'~~lj:;i~~~itr..~~W"ii'1,;.d-,""'-"~"!9 '!!I.f~~~'fff,.,~.-.;~;-""~"""",-,,,,,,,~.t.iift""'",""':iIi-i.:~~:;:~M'~~~~;" x. OLD BUSINESS G. Downtown Master Plan Implementation Strategies and Funding Options Powerpoint Presentation GOAL 10 - ECONOMIC DEVELOPMENT OUTCOMES TO DATE · Drafted 3 New Economic Development Programs · Implement the Commercial Fa<<;ade Grant Program · Implement the Small Business Development Program · Created CRA Brownfield Designation · Created Database of All CRA Businesses GOAL 9 - AFFORDABLE HOUSING OUTCOMES TO DATE · Funded Homebuyer Assistance Program · Issued RFP for Ocean Breeze · Coordinated with Non-Profits & Private Sector for Development of Single- Family · Received the President's Award, Florida Redevelopment Association (FRA) for Urban Infill Housing Program. GOAL 8 - MARKETING & PROMOTIONS OUTCOMES TO DATE · Recognition of CRA's Annual Report by IDA · Launch of CRA Google Map to Promote Area Businesses · Revised website, added PodCasts of CRA Meetings, FaceBook and Twitter components · Promotion of CRA Trolley program increases ridership to 80,000 riders a year · Marketing of Downtown Sites at ULI Conference · Creation/Distribution of "FYI" Newsletter · Creation and Distribution of Annual CRA Report · Design and Placement of Downtown Marketing Ads in Florida Trend · Press Releases · Design of Program Collateral GOAL 7 - PUBLIC EVENTS OUTCOMES TO DATE · Moved Regularly Scheduled Events to Ocean Avenue · Added 5 Events wINo Increase in Budget or Staff · Brought Palm Beach International Film Festival to the City · Coordinated with Arts Commission on Artavox Event · Staged Joint Event w/Chamber for Downtown Merchants · Raised Sponsorship Dollars to Support Events GOAL 6 - PUBLIC ART OUTCOMES TO DATE · Purchased Butterfly Mandela for Sara Sims Park · Added Public Art to the Seacrest Streetscape Project · Designed Public Art Gallery Space in Magnuson House · Paid for Dumpster Art Project GOAL 5 - HISTORIC PRESERVATION OUTCOMES TO DATE · Purchased Jones Cottage · Purchased Magnuson House · Purchased Parking Area for Future Old High School Use GOAL 4 - GREEN BUILDING OUTCOMES TO DATE . Drafted GreenCentive Program . Working with ULI to Refine Greencentive Program . Creation of Brownfield Designation GOAL 3 - REDEVELOP MARINA OUTCOMES TO DATE · Purchased 24 Slips and Dive Shop to Preserve Marine Economy in BB · Purchased Restaurant Pad for Public Access to Waterfront · Created Master Plan of Marina Area to Enhance Public's Access to the Water · Corrected WD for City Parcel for Entry · Completed New Piers/Pilings/Docks · Received $2M from PBC for Preservation ~\ \;~y\ '~i\ ~- ~l U1 ~\ ~e 1I!~~<!Y~Te~ eRA . East Side-West Side-Seaside Renaissance CRA BOARD MEETING OF: April 13, 2010 I I Consent Agenda IX I Old Business I I New Business Legal Other SUBJECT: Downtown Master Plan Implementation Strategies and Funding Options SUMMARY: The attached PowerPoint presentation outlines the goals and objectives ofthe Downtown Vision and Master Plan. While many activities have been undertaken that work toward the goal of creating a vibrant downtown for Boynton Beach, there are capital improvement projects that can quickly be completed that will build momentum towards that goal. These short term projects are: 1. Marina Entry Feature - Built on City-owned property, this iconic entry way signage and architectural feature will reinforce the City's historic relationship with the water. 2. Amphitheatre at Children's Museum - The City does not have an amphitheatre to hold concerts, etc. Using the site adjacent to the Children's Museum will add to the cultural aspects of Town Square and allow larger performances. 3. Jones Cottage - The relocation of this historic structure to Ocean Avenue for either retail or restaurant use will help to activate Ocean Avenue and preserve one of the oldest structures in the City. 4. Magnuson House - The renovation and expansion of this historic structure would include a public art gallery and offices that will help to create pedestrian activity along Ocean Avenue and preserve one of the oldest structures in the City. The estimated project costs and proposed funding sources are outlined in the attached spreadsheets. If the Board desires to undertake the above-referenced projects, the following actions should be taken: 1. Approve reallocation of$100,000 from Residential Improvement Program to fund the above projects. 2. Approve budget amendment to allocate rollover funds in the amount of $490,000 from FY 08/09 to DMP projects 3. Approve Third Amendment to the ILA between the City and CRA setting the final amount paid by the CRA for the SE 4th Street utility project. FISCAL IMP ACT: $1,240,000 to come from various Project Fund line items/Fund Balance and FY 08/09 rollover funds. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan MMENDATIONS/OPTIONS: Direct staffto begin actions to implement the four projects. Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Downtown Implementation.doc East Side-West Side-seaside Rena\ssance \mp\ement\ng the Boynton Beach Downtown Vision & Master p\an {DMP) HISTORY OF THE DMP .Process Started in 2007 -Goal - Have Comprehensive Plan -OMP Completed in March 2008 -OMP Adopted January 2009 -OMP Amended to Pay for Police and Infrastructure ~\ ,V\ '> ~i l\ ~- GOAL 2 - GATEWAYS OUTCOMES TO DATE · Designed Gateway Feature for Marina (East End of Downtown) · Purchased and Placed Wayfinding Signs for Civic Functions in Downtown GOAL 1 - PUBLIC PARKING OUTCOMES TO DATE · Purchased Half Block at 1 st/1 st for Old High School Redevelopment · Negotiated 100 Public Parking Spaces in the Promenade Condo. · Purchased 126 Public Parking Spaces in Marina Village fn G) (J E o ~ G) - - co........... 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In compliance with Florida Statute, the statements have been distributed to the governing board, funding agencies, the Auditor General, and the Florida Department of Financial Services. FISCAL IMP ACT: None CRA PLAN, PROGRAM OR PROJECT: None r.... RECOMMENDA TIONS/OPTIONS: None I2-;)~ /' Susan Harris Finance Director T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2009 - 2010 Board Meetings\04-13-10 Meeting\Audit Presentation.doc I~I April 6, 2010 SANSON KLINE JACOMINO & COMP~ LLP c.titied Public Acc.:l-n.bu." .t 0-0.... I~I SANSON KLINE lACOMINO & COMP~ LLP Qa~N6Acct-... ct Cow'-* 5905 Blue Lagoon Drill\: Suite 220 Miami, F10tkta 33126 Tel. (305) 269-8633 Fax (305) 265-0652 I'IMwskjnetcom April 6, 2010 Management and Board Members Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, Florida 33435 Dear Management and Board Members: Weare pleased to present the results of our audit of the basic financial statements of the Boynton Beach Community Redevelopment Agency (the Agency) for the year ended September 30,2009. This report summarizes our audit, the scope of our engagement, and key observations and [mdings from our audit procedures for the year ended September 30, 2009. This report also contains the communications required by our professional standards and by Government Auditing Standards. The audit was designed to express an opinion on the Agency's 2009 basic financial statements. In accordance with professional standards, we obtained a sufficient understanding of internal control to plan the audit and to determine the nature, timing, and extent of tests to be performed. However, we were not engaged to and we did not perform an audit of internal control over [mandaI reporting. This report is intended solely for the information and use of management and the Board, and is not intended to be and should not be used by anyone other than these specified parties. We appreciate this opportunity to meet with you to discuss the contents of this report, and to answer any questions that you may have about this report or any other audit-related matters. If you have any questions, please contact Richie C. Tandoc, Partner in charge of the audit, at (305) 269-8633, ext. 16. Very truly yours, I~/.Iw,' f~''r- ~UI Boynton Beach Community Redevelopment Agenc~ 2009 Audit Results and Required Communications Generally Accepted Auditing Standards and Government Auditing Standards require the auditor to communicate certain matters to those charged with governance that may assist in overseeing management's financial reporting and disclosure process. Below is a summary of these required communications, and our response to each. as they apply to the Agency as of and for the fiscal year ended September 30, 2()()l). Required Communication Response Auditors' Responsibilities Under Generally Accepted Auditing Standards (GAAS) and Government Auditin~ Standards (GAS) Our responsibility is to express opinions on the Agency's We have issued an unqualified opinion (i,e. a clean opinion) financial statements based on our audit conducted in accordance on the Agency's basic financial statements for the year ended with auditing standards generally accepted in the United States September 30, 200e). and Government Auditing Standards. Those standards require that we plan and perform the audit to obtain reasonable We have also issued our report on the Agency's internal assurance about whether the financial statements are free of control over financial reporting and on compliance and other material misstatement. matters for the year ended September 30,2009. We noted no material weaknesses or material noncompliance issues. In addition, we are required to report on the Agency's internal control over financial reporting and on compliance and other Both reports were dated November 13, 2009. matters. However, providing assurance on the internal control or compliance with certain provisions of laws, regulations, contracts, and agreements was not an objective of our audits, and accordinl!lv, we do not express such opinions. Significant Accounting Policies Initial selection of and changes in significant accounting The Agency's significant accounting policies are described in policies or their application and new accounting and reporting Note I to the financial statements. standards during the year must be reported. Accounting principles selected by management are consistent In addition, we must discuss our judgments about the quality, with those prescribed by government accounting standards, not just the acceptability, of the accounting policies as applied and the Agency's financial statements and related di sclosures in the Agencv's financial reporting. are clearly presented in a comolete manner. Accounting Estimates The preparation of the financial statements requires the use of For fiscal year ended September 30, 2009, management's accounting estimates. Weare required to inform the Board of judgment was called upon to establish the useful lives of such accounting estimates and about our conclusions regarding capital assets. We have determined that such estimates are the reasonableness of those estimates. reasonable. Methods of Accounting for Significant Unusual Transactions and for Controversial or Emerging Areas We are required to inform the Board about the methods used to We did not identify any significant unusual transactions by account for significant unusual transactions and the effects of the Agency or any significant accounting policies used by the significant accounting policies in controversial or emerging Agency related to controversial or emerging areas for which areas for which there is a lack of authoritative guidance or there is a lack of authoritative guidance consensus, Significant and/or Unadjusted Audit Adjustments We are required to inform the Board about auditor adjustments We did not identify any matenal audit adjustments dunng our arising from the audit (whether recorded or not) that could, in audit of the financial statements as of and for the fiscal year our judgment, have a significant effect, individually or in the ended September 30, 2009. I I aggregate, on the Agency's financial statements. I t .-1 Boynton Beach Community Redevelopment Agency 2009 Audit Results and Required Communications Required Communication Fraud and Illegal Acts We are required to inform the Board about any and all fraud and illegal acts involving senior management and any fraud and illegal acts (whether caused by management or other employees) that cause a material misstatement of financial resources. Disagreements or Difficulties with Management Weare required to inform the Board about any significant disagreements or difficulties encountered with manalZement. Major Issues Discussed with Management Prior to Retention We are required to inform the Board about any major issues discussed with manalZement prior to retaininlZ us as auditors. Independence We are required to communicate with the Board, at least annually, the following: 1. Disclose, in writing, all relationships between us and the Agency and its related entities that, in our professional judgment, may reasonably be thought to impede our independence; 2, Confinn in writing that, in our professional judgment, we are independent of the Agency in accordance with generally accepted auditing standards and Government Auditing Standards; and 3. Disclose any non-audit services perfonned for the AlZencv. Management Letter We are required to issue a management letter responding to certain requirements in accordance with the Rules of the Auditor General of the State of Florida. Response Weare not aware of any fraud or illegal acts that occurred during the fiscal year involving senior management, or any fraud or illegal acts involving any employee that would cause a material misstatement ofthe financial statements. We did not encounter any significant disagreements or difficulties with manalZement durinlZ the course of the audit. We did not discuss any major issues with management prior to retaining us as your auditors. 1. There are no relationships between us and the Agency and its related entities that, in our professional judgment, may reasonably be thought to impede our independence, 2, With regards to our audit ofthe Agency as of September 30, 2009, we are independent with respect to the Agency, in accordance with Rule 101 of the American Institute of Certified Public Accountants' Code of Professional Conduct, its interpretations and rulings, and Government Auditing Standards. 3. We have not perfonned any non-audit services for the Agency during the fiscal year ended September 30, 2009, or thereafter. We have issued a management letter in accordance with the Rules of the Auditor General ofthe State of Florida, dated November 13, 2009. We had no new observations for the current year. 2 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Basic Financial Statements September 30, 2009 (With Independent Auditor's Report Thereon) BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) For the Year Ended September 30, 2009 Table of Contents FINANCIAL SECTION: Independent Auditor's Report Management's Discussion and Analysis (Required Supplementary Information) Basic Financial Statements: Government-wide Financial Statements: Statement of Net Assets Statement of Activities Fund Financial Statements: Balance Sheet - Governmental Funds Reconciliation of the Balance Sheet - Governmental Funds to the Statement of Net Assets Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds Reconciliation of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds to the Statement of Activities Notes to the Basic Financial Statements Required Supplementary Information: Budgetary Comparison Schedule Notes to the Budgetary Comparison Schedule COMPLIANCE SECTION: Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards Management Letter in Accordance with the Rules of the Auditor General of the State of Florida Page 3 8 9 10 11 12 13 14 23 24 25 27 FINANCIAL SECTION Independent Auditor's Report IWl ~ SANSON KLINE JACOMINO & COMP~ LLP Certified Public Accovn.,.. & eo.u..... 5805 Blue Llgoon Drive Suite 220 Mi<lmi, Floriq<l33126 Tel, (305) 269-8633 F1x (305) 265-0652 www.skinet.conl Independent Auditor's Report To the Board of Directors Boynton Beach Community Redevelopment Agency: We have audited the accompanying basic financial statements of the governmental activities and each major fund of the Boynton Beach Community Redevelopment Agency (the Agency), a component unit of the City of Boynton Beach, Florida (the City), as of and for the year ended September 30, 2009, which collectively comprise the Agency's basic financial statements, as listed in the table of contents. These financial statements are the responsibility of the Agency's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control over financial reporting. Accordingly, we express no such opinion. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and each major fund of the Agency as of September 30, 2009, and the respective changes in financial position thereof for the year then ended in conformity with U.S. generally accepted accounting principles. In accordance with Government Auditing Standards, we have issued our report dated November 13, 2009 on our consideration of the Agency's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. ~ The management's discussion and analysis on pages 3 through 7 and the budgetary comparison information on pages 23 and 24 are not a required part of the basic financial statements but are supplementary information required by U.S. generally accepted accounting principles. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. V~~'~;f ~"tI November 13,2009 2 Management's Discussion and Analysis BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Management's Discussion and Analysis September 30, 2009 The Management's Discussion and Analysis (MD&A) of the Boynton Beach Community Redevelopment Agency (the "Agency") is designed to provide an objective and easy to read analysis of the financial activities based on currently known facts, decisions, and conditions. The MD&A provides a broad overview, short-term and long-term analysis of the Agency's activities based on information presented in the financial statements. Specifically, this infonnation is designed to assist the reader in focusing on significant [mancial issues, provide an overview of the Agency's financial activity and identify changes in the Agency's financial position and its ability to address the next year's challenges. Finally, the MD&A will identify any material deviations from the approved budget. The Agency is an independent agency and a component unit of the City of Boynton Beach, Florida ("City"). The Agency has presented its [mancial statements in accordance with the reporting model required by Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments. The information contained in this MD&A is only a component of the entire financial statement report. Readers should take time to read and evaluate all sections of the report, including the footnotes and required supplementary information provided. FINANCIAL HIGHLIGHTS . The Agency's tax increment fund revenues decreased by 12.7% (approximately $1.2 million) to $8,315,313 during the fiscal year. This resulted from a decrease in assessed property values in the redevelopment district. . The Agency began the fiscal year with a net assets balance of $5,828,816. The Agency's total revenues for the year ended September 30, 2009, were approximately $9.6 million, while total expenses were approximately $7 million, increasing net assets by approximately $2.7 million. . Despite the economic downturn and reduction in tax increment fund revenues, the CRA initiated a number of new projects including slip renovations at Boynton Harbor Marina; approval of $1.6 million for Heart of Boynton Implementation Strategies; and development of a Small Business Program. . The Agency received the state's highest award from the Florida Redevelopment Association for the best redevelopment project, "Urban Infill Housing Development Program." The project's key goal is to create affordable housing and improve neighborhoods within the Boynton Beach Community Redevelopment District. OVERVIEW OF THE FINANCIAL STATEMENTS The Agency's basic financial statements are comprised of the 1) government-wide financial statements, 2) fund [mancial statements, and 3) notes to the basic financial statements. This report also contains required supplementary information in addition to the basic financial statements themselves. Government-Wide Financial Statements The government-wide financial statements provide readers with a broad overview of the Agency's finances, in a manner similar to a private-sector business. In addition, the government-wide statements are prepared using the accrual basis of accounting. The Statement of Net Assets (balance sheet) presents information on the Agency's assets and liabilities, with the difference between the two reported as net assets. 3 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Management's Discussion and Analysis September 30, 2009 The Statement of Activities (income statement) presents information showing how the Agency's net assets changed during the most recent fiscal year. All changes in revenues are reported as soon as underlying events giving rise to the change occur regardless of the timing of related cash flows. The expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. The government-wide fmancial statements present functions of the Agency that are principally supported by tax increment financing (governmental activities). The governmental activities of the Agency include general government activities, public safety and redevelopment projects. Thus, the Agency has no business-type activities. The government-wide financial statements are found beginning on page 8 of this report. Fund Financial Statements The governmental fund financial statements provide readers with an overview of each fund and its related function in a traditional format. A fund is a grouping of related accounts that maintain control over resources that are segregated for specific activities or objectives. The Agency, like other state and local governments, uses fund accounting to ensure and demonstrate legal compliance with finance-related legal requirements. The Agency utilizes three funds for the fiscal year ending September 30, 2009, the General Fund, which is a governmental fund, the Debt Service Fund, used for servicing all debt payments and the Projects Fund, from which all capital outlays financed from Bond proceeds or other sources of financing are spent. Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, the governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near-term financing requirements. The focus of governmental funds is narrower than government-wide financial statements, and it is therefore useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By comparing and contrasting, readers may better understand the long-term impact of the Agency's near term financing decisions. The "Balance Sheet - Governmental Funds" and "Statement of Revenues, Expenditures, and Change in Fund Balance - Governmental Funds" are reconciled as shown on the "Reconciliation of the Balance Sheet - Governmental Fund to the Statement of Net Assets" and the "Reconciliation of the Statement of Revenues, Expenditures and Change in Fund Balance - Governmental Funds to the Statement of Activities" to facilitate the comparison between the governmental funds and governmental activities. The Agency adopts an annual appropriated budget for its General Fund. A budgetary comparison schedule provided for the General Fund demonstrates compliance with this budget. The basic governmental funds fmancial statements can be found beginning on page 10 of this report. The reconciliations between the governmental funds and governmental activities are found on pages 11 and 13. 4 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Management's Discussion and Analysis September 30, 2009 Notes to the Basic Financial Statements The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and the fund fmancial statements. These notes to the basic financial statements begin on page 14 of this report. In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the Agency's budget to actual results for the General Fund for the current year. The required supplementary information can be found on page 23 of this report. GOVERNMENT-WIDE FINANCIAL ANALYSIS As noted earlier, net assets may serve over time as a useful indicator of a government's financial position. In the case of the Agency, assets exceeded liabilities by $8,503,752 at the close of the most recent fiscal year. However, the largest portion of the Agency's total assets, 67%, is reflected in its capital assets. Summary of Net Assets September 30, 2009 2008 Assets Current and other assets $ 11,073,782 $ 10,106,362 Investments 1,707,809 1,717,428 Capital assets 25,755,124 25,780,037 Total assets 38,536,715 37,603,827 Liabilities Current liabilities 179,230 328,375 Long term liabilities 29,853,733 31,446,636 Total liabilities 30,032,963 31,775,011 Net Assets Invested in capital assets, net of related debt (414,149) (1,831,211) Restricted for: Capital projects 5,185,064 1,433,519 Debt service 3,066,688 3,011,700 Note receivable 100,000 Unrestricted 666,149 3,114,808 Total net assets $ 8,503,752 $ 5,828,816 The Agency has restricted assets for various capital projects and the bond reserve fund requirement. 5 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach. Florida) Management's Discussion and Analysis September 30. 2009 Governmental Activities Governmental activities increased the Agency's net assets by $2,674,936. Key elements of this increase are as follows: Summary of Changes in Net Assets Year Ended September 30, 2009 2008 Revenues Program Revenues Charges for services General Revenues Tax increment revenues Other revenues Total revenues $ 1,047,]25 $ 8,315,313 266,487 9,628,925 1,406,035 9,520,342 442,207 11,368,584 Expenses General government Redevelopment projects Interest on long-term debt Loss on sale of capital assets Total expenses Increase in net assets Net assets beginning of year Net assets end of year 3,031,921 2,445,758 1,476,310 6,953,989 2,674,936 5,828,816 $ 8,503,752 $ 5,312,437 2,939,796 1,540,857 111,888 9,904,978 1,463,606 4,365,2] 0 5,828,816 Tax increment revenues decreased by approximately $1.2 million during fiscal year 2009. This decrease is a result of the decline in assessed values of all property in the Agency's redevelopment area. Year to year expenses decreased by approximately $2.9 million due primarily to a reduction of budgetary general government expenditures. In addition, due to the anticipated decrease in revenues the Agency decreased expenditures of programs and services including the reduction of trolley routes, capital investment, and funding of residential and commercial grant programs. FINANCIAL ANALYSIS OF THE AGENCY'S FUNDS The focus of the Agency's governmental funds is to provide information on near-term inflows, outflows and balances of expendable resources. Such information is useful in assessing the Agency's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. At the end of fiscal year 2009, the Agency's governmental funds reported an ending fund balance of approximately $12.3 million, of which $5.] and 3. ] million is reserved for capital projects and debt service, respectively, 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Management's Discussion and Analysis September 30, 2009 GENERAL BUDGETARY HIGHLIGHTS Due to the anticipated decrease in Tax Increment revenues the Agency reduced its fiscal year 2008-2009 operating budget by approximately $1.75 million versus its fiscal year 2007-2008. In fiscal year 2008-2009, actual total revenues were under budgetary estimates by approximately $142,000; and actual total expenditures were under budgetary estimates by approximately $865,000. Refer to page 23 for budgetary comparison schedule. CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets During the year ended September 30, 2009, the Agency did not make any major acquisitions of real property. Properties that have been acquired are targeted for development of low to moderate income residential projects. In addition, the Agency is working on a number of strategies to stimulate local redevelopment opportunities, economic development initiatives and brownfield designations. Long- Term Debt At the end of fiscal year 2009, the Agency has total bond debt and loans payable outstanding of$29,149,190. Of this amount, $16,160,000 and $10,540,000 represents the 2004 and 2005 Series Tax Increment Revenue Bonds, respectively. In addition, there are two loans payable of totaling approximately $2.4 million. The Agency's total debt decreased by approximately $1.6 million during the current fiscal year. ECONOMIC FACTORS AFFECTING NEXT YEAR'S BUDGET The Agency's Board approved the 2009-2010 budget, which included a $1.3 million decrease in tax increment revenues. Tax increment revenue projections were based upon actual values from the Palm Beach County tax appraiser's office. The Tax Increment revenue decrease is attributable to a 19% loss in property valuations within the Agency district. The Agency anticipates a further decline in commercial and industrial values in fiscal year 2009-2010. However, commercial and industrial parcels account for approximately 15% ofthe Agency's redevelopment district. Despite the downturn in the real estate market, the Agency anticipates capturing Tax Increment revenues from several projects that were recently completed, in the development pipeline or are expected to be realized in the upcoming fiscal years. REQUEST FOR INFORMATION This financial report is designed to provide a general overview of the Agency's finances. Questions concerning any of the information provided in this report or requests for additional information should be addressed to Susan Harris, Finance Director at 915 S. Federal Highway, Boynton Beach Florida 33435. 7 Basic Financial Statements BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Statement of Net Assets September 30, 2009 Governmental Activities ASSETS Cash and cash equivalents Investments Accounts receivables Prepaids Unamortized bond issuance costs Capital assets, net of accumulated depreciation: Land Furniture and equipment Renovations Leasehold improvements Total assets $ 10,730,231 1,707,809 692 4,000 338,859 25,665,382 35,741 31,096 22,905 . 38,536,715 LIABILITIES Accounts payable and accrued expenses Deposits payable Long-term liabilities: Due within one year Due in more than one year T otalliabilities 174,780 4,450 1,662,412 28,191,321 30,032,963 NET ASSETS Invested in capital assets, net of related debt Restricted for: Capital projects Debt service Unrestricted Total net assets (414,149) 5,185,064 3,066,688 666,149 8,503,752 $ The notes to the basic financial statements are an integral part of this statement. 8 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Statement of Activities For the Year Ended September 30.2009 Expenses Charges For Services N et (Expense) Revenue and Changes in Net Assets Program Revenues FunctionslPrograms Governmental Activities: General government Redevelopment projects Interest on long-term debt Total $ 3,031,921 $ 1,047,125 $ 2,445,758 1,476,310 $ 6,953,989 $ 1,047,125 $ General Revenues: Tax increment revenue $ Interest and other income Total general revenues Change in net assets Net assets - beginning of year Net assets - end of year $ (1,984,796) (2,445,758) (1,476,310) (5,906,864) 8,315,313 266,487 8,581,800 2,674,936 5,828,816 8,503,752 The notes to the basic financial statements are an integral part of this statement. 9 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Balance Sheet Governmental Funds September 30, 2009 Total Governmental General Fund Projects Fund Debt Service Fund Funds ASSETS Cash and cash equivalents $ 4,084,254 $ 5,287,098 $ 1,359,438 $ 10,730,790 Investments 1,707,250 1,707,250 Accounts receivables 692 692 Prepaids 4,000 4,000 Total assets $ 4,088,946 $ 5,287,098 $ 3,066,688 $ 12,442,732 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable and accrued expenses $ 72,746 $ 102,034 $ $ 174,780 Deposits payable 4,450 4,450 Total liabilities 77,196 102,034 179,230 Fund Balances: Reserved for: Prepaids 4,000 4,000 Capital projects 2,575,313 2,575,313 Debt service 3,066,688 3,066,688 Encumbrances 227,999 2,609,751 2,837,750 Unreserved 3,779,751 3,779,751 Total fund balances 4,011,750 5,185,064 3,066,688 12,263,502 Total liabilities and fund balances $ 4,088,946 $ 5,287,098 $ 3,066,688 $ 12,442,732 The notes to the basic [mandaI statements are an integral part of this statement. 10 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Reconciliation ofthe Balance Sheet - Governmental Funds to the Statement of Net Assets For the Year Ended September 30, 2009 Fund balance - governmental funds Amounts reported for governmental activities in the statement of net asset are different because: Capital assets used in governmental activities are not reported in the governmental funds. Capital assets - net of accumulated depreciation Unamortized bond issuance costs are not reported in the governmental funds. Long-term liabilities are not reported in the governmental funds. Compensated absences Bonds and notes payable Net assets of governmental activities The notes to the basic financial statements are an integral part of this statement. 11 $ 12,263,5 02 25,755,124 338,859 $ ( 136,297) (29,717,436) 8,503,752 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Statement of Revenues, Expenditures and Changes in Fund Balances GovenunenmlFunds For the Year Ended September 30,2009 Total Gvvemmental General Fund Projects Fund Debt Service Fund Funds REVENUES Tax increment revenue $ 8,315.313 $ $ $ 8,315,313 Charges for services 1,047,125 1,047,125 Interest and other income 147,648 25,885 54,938 228,471 Total revenues 9,510,086 25,885 54.938 9,590,909 EXPENDITURES General government 2,949,443 2,949,443 Redevelopment projects 2.445,759 2,445,759 Debt service: Principal 1,590,377 1,590,377 Interest and other charges 1.476,154 1.476,154 Total expenditures 2,949,443 2,445,759 3,066,531 8,461,733 Excess (deficiency) of revenues over (under) expenditures 6,560,643 (2,419,874) (3,011,593) 1.129,176 OTHER FINANCING SOURCES (USES) Transfers in 6,171,419 3,066.581 9.238,000 Transfers out (9,238,000) (9,238,000) Total other financing sources (uses) (9,238.000) 6,171,419 3.066,581 Net change in fund balances (2,677,357) 3,751,545 54,988 1,129,176 Fund balances. beginning of year 6,689,107 1,433.519 3,011,700 11.134,326 Fund balances. end of year $ 4,011,750 $ 5,185,064 $ 3,066.688 $ 12,263,502 The notes to the basic financial smtements are an integral part of this smtement. 12 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach. Florida) Reconciliation of the Statements of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds to the Statement of Activities For the Year Ended September 30.2009 Net changes in fund balances - total governmental funds Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlay expenditures. However, in the statement of activities, the cost of those assets is depreciated over their estimated useful lives. Expenditures for capital assets Less current year depreciation expense For governmental funds, the issuance of long-term debt provides current financial resources and the repayment of long-term debt consumes current financial resources. Neither transaction, however, has any effect on net premiums, discounts, and similar items when debt is first issued, whereas these amounts are deferred and amortized in the statement of activities. This amount is the net effect of these differences in the treatment of long-term debt and related items. Some expenses reported in the statement of activities do not require the use of current financial resource and, therefore, are not reported as expenditures in governmental funds. Change in long-term compensated absences Change in net assets of governmental activities $ 1,129,176 2,874 (27.787) I ,606,007 $ (35,334) 2,674,936 The notes to the basic financial statements are an integral part of this statement. 13 Notes to the Basic Financial Statements BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach. Florida) Notes to the Basic Financial Statements September 30, 2009 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of the Boynton Beach Community Redevelopment Agency (the "Agency") significant accounting policies is presented to assist the reader in interpreting the basic financial statements. The policies are considered essential and should be read in conjunction with the basic financial statements. The accounting policies of the Agency confonn to U.S. generally accepted accounting principles applicable to governmental units. This report, the accounting systems and classification of accounts confonn to standards of the Governmental Accounting Standards Board (GASB), which is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The following is a summary of the more significant policies. A. Organization and reporting entity The Agency is a component unit established by the City of Boynton Beach, Florida (the "City") under the authority granted by Florida Statutes 163, Section III. The purpose of the Agency is to promote and guide physical and economic redevelopment in the City of Boynton Beach and part of Palm Beach County, Florida (the "District"). The Agency is a legally separate entity established by Ordinance number 83-41 of the City on December 20, 1983. The Agency has adopted GASB Statement No. 14, the Financial Reporting Entity, for the purpose of evaluating its component unit financial statements. Based on the criteria in GASB Statement No. 14, the Agency has detennined that there are no component units that meet criteria for inclusion in the Agency's financial statements. The Agency is governed by a board comprised of the elected officials of the City of Boynton Beach. The City is considered to be fmancially accountable for the Agency and in accordance with GASB Statement No. 14, the Agency is considered as a blended component unit in the City's comprehensive annual financial report. B. Reporting Model The Agency's basic financial statements consist of government-wide statements, including a statement of net assets and a statement of activities, and fund financial statements which provide a more detailed level of financial infonnation. Government-wide financial statements The statement of net assets and the statement of activities report infonnation on all of the activities of the Agency. Governmental activities are reported separately from business-type activities which rely on fees charged to external parties as their primary revenues. The Agency has no business-type activities. The statement of net assets reports the Agency's financial position as of the end of the fiscal year. In this statement, the Agency's net assets are reported in three categories: invested in capital assets, net of related debt; restricted net assets; and unrestricted net assets. 14 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2009 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) B. Reporting model (Continued) The statement of activities presents a comparison between direct expenses and program revenues for each function of the Agency. Direct expenses are those that are clearly identifiable with a specific function. Program revenues include charges for services that are directly related to a given function and grants and contributions that are restricted to meeting the operational or capital requirements of a particular function. Tax increment revenue and other items not meeting the defmition of program revenue are reported instead as general revenue. Fund financial statements For the fiscal year ending September 30,2009, the Agency reports three major funds, the General Fund, the Debt Service Fund, and the Projects Fund. The General Fund is classified as a governmental fund and accounts for all financial resources controlled by the Agency. The Debt Service Fund is used to account for the accumulation of resources for the annual payment of principal and interest on long-term obligation debt. The Projects Fund accounts for financial resources to be used for redevelopment programs and the acquisition or construction of capital projects. The governmental fund statement includes reconciliations with brief explanations to better identify the relationship between the government-wide statements and the statements for the governmental fund. C. Measurement focus and basis of accounting The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. The governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the Agency considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when the related fund liability is incurred. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. D. Cash and Cash Equivalents Cash and cash equivalents are defined as short-term highly liquid investments that are both readily convertible to known amounts of cash and have an original maturity of three months or less from the date of purchase. Cash and cash equivalents consist of petty cash and deposits with fmancial institutions qualified as public depositories under Florida law. All deposits are insured by federal depository insurance and/or collateralized with securities held in Florida's multiple financial institution collateral pool as required by Chapter 280, Florida Statutes. 15 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach. Florida) Notes to the Basic Financial Statements September 30. 2009 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) E. Investments Investments made locally consist of amounts placed in obligations of United States Government Agencies and Instrumentalities, and are reported at fair value. Investments for the Agency funds consist of monies placed in certificates of deposit. The Agency is authorized to invest in direct obligations of the United States of America or any agency thereof, interest bearing time or demand deposits with any qualified depository institution, commercial paper, bankers' acceptances, state and/or local government taxable debt, mutual funds, repurchase agreements and the State Treasurer's investment pool, which has the characteristics of a money market fund. F. Capital assets Capital assets are defined by the Agency as assets with an initial, individual cost of $1,000 or more and an estimated useful life of more than one year. These assets are recorded at historical cost. Donated capital assets are recorded at estimated fair value at the date of donation. Capital assets are depreciated using the straight-line method over the assets' estimated useful lives of all reported capital assets, except land and land improvements. The estimated useful life of furniture, fixtures and equipment is five to ten years. G. Bond premiums, discounts and issuance costs In the government-wide financial statements, bond premiums and discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the straight line method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are reported as deferred charges and amortized over the term of the related debt. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts are reported as other financing uses. Issuance costs are reported as debt service expenditures. H. Revenue sources Tax increment revenues are the primary source of revenue for the Agency. Tax increment revenues are collected from two governmental entities that levy property taxes within the legally defined redevelopment area of the Agency, which is the City of Boynton Beach, Florida and Palm Beach County, Florida. I. Compensated absences It is the Agency's policy to permit employees to accumulate earned but unused vacation, sick pay and comp time benefits. Employees may, depending on their level of service, be paid for various amounts of their total accrued leave by the end of each fiscal year, upon termination or retirement. The Agency accrues a liability for leave hours that meet the criteria for payment at the eligible employees' current rates of pay. J. Long-term liabilities All long-term debt and other long-term obligations are reported in the government-wide financial statements. 16 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2009 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) K. Net assets Net assets represent the difference between assets and liabilities and are reported in three categories as hereafter described. Net assets invested in capital assets, net of related debt, represent capital assets, net of accumulated depreciation and any outstanding debt related to those assets. Net assets are reported as restricted when there are legal limitations imposed on their use by legislation, or external restrictions imposed by other governments, creditors, or grantors. Unrestricted net assets are net assets that do not meet the definitions of the classifications previously described. When both restricted and unrestricted resources are available for use, it is the Agency's policy to use unrestricted resources first, and then restricted resources as they are needed. L. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the amounts reported in the [mancial statements and accompanying notes. Although these estimates are based on management's knowledge of current events and actions it may undertake in the future, they may ultimately differ from actual results. 2. CASH, CASH EQUIVALENTS AND INVESTMENTS All of the Agency's bank deposits are insured by the Federal Deposit Insurance Corporation or collateralized in accordance with Florida Security for Public Deposits Act (the "Act"). Under the Act, every qualified public depository shall deposit with the Treasurer eligible collateral having a market value equal to 50% of the average daily balance for each month that all public deposits are in excess of any applicable deposit insurance. If the public deposits exceed the total amount of the regulatory capital accounts of a bank or the regulatory net worth of a savings association, the required collateral shall have a market value equal to 125% of the deposits. The Agency's investment policy is designed to ensure the prudent management of funds, and the availability of operating and capital funds when required, while eaming a competitive return within the policy framework. The primary objectives, in order of priority, of investment activity shall be safety, interest rate risk, liquidity and yield. Investments of the Agency include deposits and guaranteed contracts with banks or other financial institutions which meet standards for deposits stipulated in investment agreements. Fair value Cash and cash equivalents: Cash in bank Investments: Certificates of deposit Tota] deposits and investments $ ]0,730,231 1,707,809 $ 12,438,040 17 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2009 2. CASH, CASH EQUIVALENTS AND INVESTMENTS (Continued) A. Interest rate risk Interest rate risk is the risk that changes in interest rates will adversely affect the fair value of an investment. The Agency's investment policy to minimize interest rate risk is to structure the investment portfolio so that the securities mature to meet cash requirements for current budgeted needs, thereby avoiding the need to sell securities on the open market prior to maturity. Investment type Certificates of deposit Investment Maturities (in years) Fair value Less than 1 1-10 $ 1,707,809 $ 1,707,809 B. Foreign currency risk Foreign currency risk is the risk that changes in exchange rates will adversely affect the fair value of an investment or a deposit. The Agency does not hold foreign currency or foreign currency investments and therefore is not subject to foreign currency risk. C. Credit risk The Agency also mitigates credit risk, which is the risk that an issuer or other counterparty to an investment will not fulfill its obligations. Custodial credit risk is the risk that, in the event of the failure of the counterparty to a transaction, the Agency will not be able to recover the value of investment or collateral securities that are held in the possession of an outside party. D. Concentration of credit risk Concentration of credit risk is the risk of loss attributed to the magnitude of a government's investment in a single issuer. The Agency diversifies its investment portfolio, where necessary, to minimize the impact of potential losses from one type of security or individual issuer, excluding u.S. Treasuries, and Federally Guaranteed Obligation. The implementation of GASB Statement No. 40 requires the disclosure of investments in anyone issuer that represents five percent or more of total investments. As of September 30. 2009, all of the Agency's investments were held with TD Bank (bond reserves). 3. NOTE RECEVIABLE The Agency holds a mortgage as security for a non-interest bearing promissory note from Delray Boynton Academy (the "Academy") in the amount of $100,000. During fiscal year 2009, the promissory note became due as a result of the Academy's failure to comply with the terms of the Grant Agreement, entered into by and between the Agency and the Academy. As a result, the Agency has established an allowance for uncollectible accounts for 100% of the value of the note receivable outstanding. Consequently this promissory note is not recognized on the financial statements. 18 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2009 4. CAPITAL ASSETS Capital assets activity for the year ended September 30,2009, was as follows: Balance at Balance at 1011/08 Additions Deletions 9/30/2009 Capital assets, not being depreciated: Land $ 25,665,382 $ $ $ 25,665,382 Capital assets, being depreciated: Furniture and equipment 114,867 2,874 117,741 Renovations 40,606 40,606 Leasehold improvements 50,479 50,479 Total capital assets, being depreciated 205,952 2,874 208,826 Less accumulated depreciation for: Furniture and equipment (62,929) (19,071) (82,000) Renovations (5,871 ) (3,639) (9,510) Leasehold improvements (22,497) (5,077) (27,574) Total accumulated depreciation (91,297) (27,787) (119,084) Total capital assets, being depreciated, net 114,655 (24,913) 89,742 Total capital assets, net of accumulated depreciation $ 25,780,037 $ (24,913) $ $ 25,755,124 Depreciation expense of $27,787 was charged to general government. 5. LONG- TERM LIABILITIES At September 30, 2009, bonds and loans payable consisted of the following: BONDS: 2004 Tax Increment Revenue Bonds, dated December 14,2004, due in annual principal installments of $375,000 to $1,625,000 through October I, 2024, bearing interest rates of3.0% to 5.0%. 2005 Tax Increment Revenue Bonds, Series A&B Bonds dated December 12,2005, due in annual principal installments of $235,000 to $2,395,000 through October 1,2026, bearing interest rates of 4.50% to 5.65%. 2005A 2005B $ 16,160,000 3,000,000 7,540,000 LOANS: Promissory note to TRG-Boynton Beach, Ltd. at 5% interest, payable in monthly installments through January 25, 2011. Promissory note to Bank of America, N.A. at 5.65% interest, payable in semi-annual installments through September 20,2016. 711,477 1,737,713 $ 29,149,190 19 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30. 2009 5. LONG-TERM LIABILITIES (Continued) The annual requirements to amortize bonds and loans payable outstanding as of September 30, 2009, are as follows: 2004 Tax Increment 2005A Tax Increment Fiscal Revenue Bonds Revenue Bonds Y ear(s) Principal Interest Principal Interest 2010 $ 650,000 $ 735,650 $ - $ 135,000 2011 675,000 714,525 135,000 2012 695,000 690,900 135,000 2013 725,000 664,838 135,000 2014 750,000 635,838 135,000 2015-2019 5,270,000 2,622,725 675,000 2020-2024 7,395,000 ] ,130,500 675,000 2025-2028 3,000,000 204,075 $ 16,160,000 $ 7,194,976 $ 3,000,000 $ 2,229,075 2005B Tax Bank of America, N.A. Fiscal Increment Revenue Bonds Note Payable Year(s) Principal Interest Principal Interest 2010 $ 275,000 $ 415,835 $ 208,266 $ 96,572 2011 285,000 401,810 220,367 84,470 2012 300,000 387,275 232,960 71,877 2013 310,000 371,975 246,708 58,129 2014 330,000 356,165 261,043 43,795 2015-2019 1,900,000 1,498,715 568,369 41,253 2020-2024 2,460,000 906,543 2025-2028 1,680,000 143,510 $ 7,540,000 $ 4,481,828 $ 1,737,713 $ 396,096 TRG Boynton Beach, Ltd. Fiscal Note Payable Totals Year(s) Principal Interest Principal Interest 2010 $ 529,146 $ 23,557 $ 1,662,412 $ 1,406,614 2011 182,331 1.903 1,362,698 1,337,708 2012 I ,227,960 1,285,052 2013 1,281,708 1,229,942 2014 1.341,043 ],170,798 2015-2019 7,738,369 4,837,693 2020-2024 9,855,000 2,712,043 2025-2028 4,680,000 347,585 $ 711,477 $ 25,460 $ 29,149,190 $ 14,327,435 20 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2009 5. LONG-TERM LIABILITIES (Continued) The changes in long-term liabilities for the year ended September 30, 2009 are summarized as follows: Balance at Balance at Due within 10/01/08 Additions Deletions 9/30/09 one year Bonds payable $ 27,590,000 $ - $ (890,000) $ 26,700,000 $ 925,000 Plus deferred amounts For discount (33,814) 1,989 (31,825) For issuance premium 640,076 (40,005) 600,071 Total bonds payable 28,196,262 (928,016) 27,268,246 925,000 Notes payable 3,149,411 (700,221) 2,449,190 737,412 Compensated absences 100,963 35,334 136,297 Totallong-tenn liabilities $ 31,446,636 $ 35,334 $ (1,628,237) $ 29,853,733 $ 1,662,412 6. INTERFUND TRANSFERS During the fiscal year ended September 30,2009, the General Fund transferred $6,171,419 and $3,066,581 to the Projects Fund and Debt Service Fund, respectively. The transfers made to the Projects Fund were to fund the costs of ongoing redevelopment projects. The transfers made to the Debt Service Fund were to fund the annual debt service expenditures on the bonds and loans payable. 7. HOMEBUYERASSISTANCE PROGRAM The Agency established the Homebuyer Assistance Program to assist local residents with the purchase of a home by providing a subsidy in an amount not to exceed $50,000 per homeowner. The subsidy is secured by a mortgage, which is required to be paid back only under certain circumstances outlined in the mortgage agreement. The mortgage is forgiven if the homeowner remains in the home during the full term outlined in the agreement. The amount of mortgages receivable outstanding at September 30,2009 totaled $1,408,372. Given the nature of these loans, collection is uncertain, and therefore an allowance for uncollectible mortgages has been established at 100% of the value of the mortgages receivable outstanding. Consequently these mortgages are not recognized on the fmancial statements. 8. RISK MANAGEMENT The Agency is exposed to various risks of loss related to torts, theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The Agency purchases commercial insurance for the risks of loss to which it is exposed. Policy limits and deductibles are reviewed by management and established at amounts to provide reasonable protection from significant financial loss. Settlements did not exceed insurance coverage for the current fiscal year. 21 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2009 9. COMMITMENTS AND CONTINGENT LIABILITIES A. Facade Grant Program The Agency established a Facade Grant Program in an effort to promote the redevelopment of existing businesses located in the City. The program offers businesses a $15,000 matching grant to improve the facades of their businesses. During the year ended September 30, 2009, the Agency closed and disbursed $47,815 in Facade Grants. B. Lease commitments The Agency leases a building under a non-cancelable operating lease. The lease terminates in May 2010, with the option to renew for one year. Future minimum rental payments as of September 30, 2009 required by this lease are $3,300. Rental costs for the year ended September 30, 2009 were approximately $46,000. 10. RETIREMENT CONTRIBUTIONS The Agency participates in a 401(a) defined contribution retirement plan and a 457(b) deferred compensation plan (the "Plans"). The Plans are qualified under Sections 401(1), 403 (a) and 501(a) of the Internal Revenue Code. The Plans are administered by independent trustees. All employees who meet the requirements are qualified to participate. Employees make voluntary contributions to the 457(b) plan. The Agency's required contribution is 5% of the total salaries of qualified participants. Employer contributions for fiscal year 2009 totaled $28,388. Employer contributions for the 401(a) plan for fiscal year 2009 totaled $35,415. 11. RELATED PARTY TRANSACTIONS The Agency is a blended component unit of the City of Boynton Beach, Florida. For the year ended September 30, 2009, the Agency's tax increment revenues include $5,243,820 received from the City. In addition, the Agency reimbursed the City for certain costs such as recording and information technology services, landscape and maintenance services, festival expenses, fire and rescue, shared lobbying costs, and police services during the year. Payments to the City for the year ended September 30. 2009 totaled $601,534. 22 Required Supplementary Information BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Budgetary Comparison Schedule General Fund For the Year Ended September 30,2009 Variance with Final Budget - Original Budget Final Budget Actual Positive (Negative) REVENUES Tax increment revenue S 8,300,000 S 8,300,000 S 8,315,313 S 15,313 Charges for services 1,302,500 1,302,500 1,047,125 (255,375) Interest and other income 50,000 50,000 147,648 97,648 Total revenues 9,652,500 9,652,500 9,510,086 (142,4] 4) EXPENDITURES General government 3,814,500 3,814,500 2,949,443 865,057 Total expenditures 3,814,500 3,814,500 2,949,443 865,057 Excess (deficiency) of revenues over (under) expenditures 5,838,000 5,838,000 6,560.643 722,643 OTHER FINANCING SOURCES (USES) Carryover fund balance 3,400,000 3,400,000 (3,400,000 ; Transfers out (9,238,000) (9,238,000) (9,238,000) Total other financing sources (uses) (5,838,000) (5,838.000) (9,238,000) (3,400,000) Net change in fund balances $ $ (2,677,357) $ (2,677,357) Fund balances - beginning of year 6,689,107 Fund balances - end of year $ 4,011,750 The notes to the Budgetary Comparison Schedule are an integral part ofthis schedule. 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit ofthe City of Boynton Beach, Florida) Notes to the Budgetary Comparison Schedule September 30, 2009 1. BUDGETARY INFORMATION The Agency is required to establish a budgetary system and an approved annual budget for the General Fund, Debt Service Fund and Project Fund. The Agency's budgeting process is based on estimates of cash receipts and cash expenditures which are approved by the Board. In accordance with generally accepted accounting principles, budgetary comparison information is disclosed only for the General Fund. The budget is adopted on the modified accrual basis of accounting, consistent with generally accepted accounting principles, with the exception of compensated absences. Compensated absences are budgeted only to the extent expected to be paid, rather than on the modified accrual basis. Any budget amendments that increase the aggregate budgeted appropriations must be approved by the Board. The legal level of budgetary control, the level at which expenditures may not exceed budget, is in the aggregate. 24 COMPLIANCE SECTION ~ SANSON KLINE JACOMINO & COMP~ LLP CAItified PubIic~n'" & 0-...... 5805 Blue Lagoon Dtive Suite 220 MiamI. Flotfc:la 33126 Tel. (305) 269-8633 Fax (305) 265-0652 wwwsklnfi.com Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards To the Board of Directors Boynton Beach Community Redevelopment Agency: We have audited the basic financial statements of the Boynton Beach Community Redevelopment Agency (the Agency), a component unit of the City of Boynton Beach, Florida, as of and for the year ended September 30,2009, and have issued our report thereon dated November 13,2009. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to fmancial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Agency's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Agency's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Agency's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over fmancial reporting that we consider to be material weaknesses, as defined above. 25 1m! Compliance and Other Matters As part of obtaining reasonable assurance about whether the Agency's basic financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. In addition, we have issued our management letter dated November 13, 2009, as required by the Rules of the Auditor General of the State of Florida. This report is intended solely for the information and use of the board of directors, management of the Agency, the State of Florida Office of the Auditor General and other regulatory agencies, and is not intended to be and should not be used by anyone other than these specified parties. .v~/Jw.,' f~" of ~ lc/ November 13, 2009 26 [mJ SANSON KLINB JACOMINO & COMP~ LLP Cedified Public Accu....... ct eo..... 5805 Blue Lagoon Dtive Suite 220 MiamI, Flotlqa 33126 Tel. (305) 269-8633 Fax (305) 265-0652 _ sklnet.com Management Letter in Accordance with the Rules of the Auditor General of the State of Florida To the Board of Directors Boynton Beach Community Redevelopment Agency: We have audited the financial statements of the Boynton Beach Community Redevelopment Agency (the Agency), a component unit of the City of Boynton Beach, Florida, as of and for the fiscal year ended September 30, 2009 and have issued our reports thereon dated November 13, 2009. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General ofthe United States. We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters. Disclosures in those reports, which are dated November 13, 2009, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and, unless otherwise required to be reported in the report on compliance and internal controls or schedule of findings and questioned costs, this letter is required to include the following information. . Section 10.554(1)(i)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address fmdings and recommendations made in the preceding annual fmancial audit report not otherwise addressed in the auditor's report pursuant to Section 10.557(3)(b)2., Rules of the Auditor General. The status of prior year's fmdings and recommendations are included in Appendix A to this letter. . Section 10.554(1 )(i)2., Rules of the Auditor General, requires our audit to include a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the Agency complied with Section 218.415, Florida Statutes. . Section 1O.554(1)(i)3., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. We had no current year recommendations. . Section 1O.554(1)(i)4., Rules of the Auditor General, requires that we address violations of contracts or grant agreements, or abuse that have an effect 0 the financial statement that is less than material but more than inconsequential. In connection with our audits, we noted no such violations. 27 [lBJ . Section 1O.554(1)(i)5., Rules of the Auditor General, requires, based on professional judgment, the reporting of the following matters that have an inconsequential to the determination effect on the financial statement, considering both quantitative and qualitative factors: (a) violations of provisions of contracts or grant agreements, fraud, illegal acts, or abuse; and (b) control deficiencies that are not significant deficiencies. In connection with our audit, we did not have any such findings. . Section 1O.554(1)(i)6., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. The official title and legal authority of the Agency is disclosed in note l(A) to the Agency's financial statements. The Agency has no component units. . Section 10.554(1)(i)7.a., Rules of the Auditor General, requires a statement be included as to whether or not the local governmental entity has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and identification of the specific condition(s) met. In connection with our audit, we detennined that the Agency did not meet any of the conditions described in Section 218.503(1), Florida Statutes. . Section 1O.554(1)(i)7.b., Rules of the Auditor General, requires that we determine whether the annual financial report for the Agency for the fiscal year ended September 30, 2009, filed with the Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2009. The Agency does not file a separate report with the State of Florida Department of Financial Services. The financial operations of the Agency are included in the basic financial statements of the City of Boynton Beach, Florida for the year ended September 30, 2009. Sections 10.554(1 )(i)7 .c. and 10.556(7), Rules of the Auditor General, require that we apply financial condition assessment procedures. In connection with our audit, we applied financial condition assessment procedures. It is management's responsibility to monitor the entity's financial condition, and our fmancial condition assessment was based in part on representations made by management and the review of financial infonnation provided by same. . This management letter is intended solely for the infonnation and use of the board of directors. management of the Agency, the State of Florida Office of the Auditor General and other regulatory agencies, and is not intended to be and should not be used by anyone other than these specified parties. y ~ /1uu,. f~' f ~ I- t.I November 13, 2009 28 Appendix A BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Management Letter in Accordance With the Rules of the Auditor General of the State of Florida Year ended September 30, 2009 Status of Prior Year's Findings and Recommendations 2008-1 Se2re2ation of Duties Prior Year's Condition Found During our testing of internal controls, we noted the following: . The Accountant who is responsible for preparing deposit slips (for any sponsorship checks and/or marina rent checks received), depositing the funds into the bank, and reconciling the bank accounts on a monthly basis, also perfoffils the posting of such receipts to the cash accounts and the receivables subledger; and . The Accountant who prepares the monthly bank reconciliations also has access to petty cash. Prior Year's Recommendation Due to the size of the Agency's Finance Department, the Accountant's responsibilities are appropriate. However, to improve the Agency's internal control over cash/check receipts, we recommend that one individual be responsible for receiving all cash/check receipts (an individual not in the Finance Department). Any such cash/check receipts that are received by mail or in person, should be forwarded to this responsible individual. Prior to forwarding to the Accountant all such cash/check receipts received, the responsible individual should log in (into a spreadsheet for example) the cash/check receipt, noting the date, amount, payor, and a description of the transaction, if possible. That individual should reconcile the 10g of cash/check receipts, on a monthly basis, to the deposits made by the Accountant. Reconciliations should be printed and properly signed by the responsible individual preparing the reconciliation, and reviewed and signed by the Director of Finance. In addition, we recommend that the Accountant preparing the monthly bank reconciliations should not have access to petty cash. Responsibility for petty cash can be assigned to any other individual, within or even outside of the Finance Department. Prior Year's Management's Response It should be noted that the receipt of cash and checks are very limited and specific to the annual receipt of TIF payments, event sponsorship checks, Marina office rental payments and public records request payments. As recommended, management intends to assign an employee outside of the Finance Department with the responsibility for (l) receiving, logging, reconciling all check and cash receipts, and (2) petty cash payments and reconciliations. Management will implement this recommendation subject to appropriate staffing levels. Current Year's Status This finding has been properly addressed. The recommendation above has been implemented. Appendix .<\ BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Management Letter in Accordance With the Rules of the Auditor General of the State of Florida Year ended September 30, 2009 Status of Prior Year's Findings and Recommendations 2008-2 Marina ODerations - Fuel Sales Prior Year's Condition Found The Marina owned by the Agency is operated by a management company currently under contract. The management company is responsible for handling the complete operations of the Marina, including collecting and depositing rent from tenants, as well as fuel sales. With regards to fuel sales, the Agency relies on the amounts reported by the management company. We noted that during fiscal year 2008 there was limited oversight regarding the amounts collected and deposited for fuel sales. The issue is whether the Agency can be reasonably assured that all collections for the sale of fuel is properly deposited into the Agency's account, and not misappropriated by the management company. With fuel sales reaching almost $1.2 million during fiscal year 2008, it is imperative that the Agency modify its existing process in place to help eliminate the risk of misstatements. Prior Year's Recommendation The Agency does currently perform a monthly analysis of fuels sales as compared to cost of the fuel. However, we recommend that the Agency perfonn an annual review of the management company's operations to detennine that there are adequate internal controls in place and working effectively at the management company with regards to collections on fuel sales. In addition, we recommend that the Agency's Financial Consultant or Accountant perform a bi-monthly or, at a minimum, a quarterly detailed substantive review of collections on fuel sales, whereby, the Financial Consultant or Accountant makes a representative sample of selections of fuel sold and trace such transaction from collection to deposit to reporting. Prior Year's Management's Response As recommended: (1) an annual Procedural Audit of the Marina Operations will be implemented effective in FY 2008-2009, and (2) the Agency will undertake a bi-monthly substantive review of fuel sales collections. The Procedural Audit process is expected to be completed in the first quarter of 2009. Fuel sales collection testing and audit will also begin in early 2009. Current Year's Status This finding has been properly addressed. The recommendations above have been implemented. Appendix A BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Management Letter in Accordance With the Rules of the Auditor General of the State of Florida Year ended September 30,2009 Status of Prior Year's Findings and Recommendations 2008-3 Police-Related Exnenditures Prior Year's Condition Found During our audit we noted that the Agency entered into an agreement with the City of Boynton Beach, Florida (the "City") on December 19, 2007 to pay the City the sum of: $45,455 for police equipment; $130,830 for police vehicles; and $8,784 for patrol bicycles. These amounts were invoiced by the City on December 28, 2007 and paid by the Agency on January 4, 2008. Based on an audit of the Daytona Beach Community Redevelopment Agency performed by the State of Florida Auditor General, these types of expenditures were questionable as to whether such expenditures were authorized pursuant to Section 163.387(6), Florida Statutes. The aforementioned police-related expenditures can probably be argued that they fall under the classification of costs related to community policing innovations. Therefore, the main issue is whether these expenditures were incurred in accordance with the Agency's redevelopment plan. Based on our review of the Agency's Downtown Vision & Master Plan, which was approved in concept by the City Commission in April 2008, such plan described incurring costs of community policing in year 5 of the action plan. As a result, since the police-related expenditures described above occurred in December 2007, which was prior to the approval of the Downtown Vision & Master Plan and prior to the timeline of incurring costs of community policing described therein, the Agency may not have been in compliance with Section 163.387(6), Florida Statutes at the time the expenditures actually occurred. Prior Year's Recommendation We recommend that, at a minimum, the Agency amend its Downtown Vision & Master Plan to properly account for the costs of community policing, and that management of the Agency formulate a strong argument that the aforementioned police-related expenditures are applicable to community policing innovations. We also recommend that going forward, any expenditures that the Agency's management foresees on incurring using tax increment funds, or has any questions as to its compliance, that they determine that such expenditures are in accordance with its redevelopment plans and with Section 163.387(6) Florida Statutes, prior to incurring such expenditures. Prior Year's Management's Response Management has been attempting to resolve the conditions highlighted above regarding compliance pursuant to Section 163.387(6), Florida Statutes and has requested the assistance of Agency's legal counsel to mitigate compliance issues. With specific regard to the above recommendations - (1) "At a minimum, the Agency amend its Downtown Vision & Master Plan to properly account for the costs of community policing... " - the suggested amendment will be brought before the Agency Board at the December 9, 2008 meeting. Appendix A BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Management Letter in Accordance With the Rules of the Auditor General of the State of Florida Year ended September 30, 2009 Status of Prior Year's Findings and Recommendations (2) "... that management of the Agency formulate a strong argument that the aforementioned police- related expenditures are applicable to community policing innovations." - Management will work with the City's Chief of Police and Agency legal counsel to formulate the recommended policy. (3) "." that going forward, any expenditures that the Agency's management foresees on incurring using tax increment funds, or has any questions as to its compliance, that they determine that such expenditures are in accordance with its redevelopment plans and with Section 163.387(6) Florida Statutes, prior to incurring such expenditures." - Management has requested an opinion from Agency's legal counsel on Section 163-387(6) related to compliance with such expenditures as justification for budgeted expenditures and payments in FY 2008/2009. Current Year's Status This finding has been properly addressed. The recommendations above have been implemented. !liI~"'"-=""~- '~it''''''''' r'~"1lW~'< _.-l."V'-~="'.il:lf~~""''''''$''i1'f'''''' -1" ., ',"'_.........~..."..~~~""'._____..."iii.......,,*_"'_~<,,""'"'''' XI. NEW BUSINESS: B. Consideration of Approval of Subordination Agreement for Loan Modification for HAP Recipient, Andrae Robinson ~~~qY~Te~ eRA III East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: April 13,2010 I I Consent Agenda 'I Old Business I X I New Business I I Legal I I Other SUBJECT: CO.tderati011l of SuborddM.tion of Mortpce r~ by PNC Bank regarding a CRA. loan given to Andne R. Robinson and .eeurecd by the real property located at 216 NW 7th Court, BOyntoB Beach, FL. SUMMARY: On November 17.2008. the CRA and Andrae R. RobiuoB _Wed _ a Joan aJFeemcm.t for a 30 year deferred paymmt loan of $50.000.00 issuod wder the guidtsJ.ina of the Homebuyer Assistance PrOJ11llll C'HAPj. To secure the loan, Mr. Rotm1son cuoutod a Scoond Mortpae in favor ofllie eRA which was recorded in Official Records Book 22968. hge 364 of the Public Records of Palm Beach County. Florida ("CRA Loan"). Mr. Robinson's property is encumbered by a first mortgage in the oricinal principal amotmt of $170.650.00 in favor ofPNC Bank f/kIa National City Mortpge (ICPNC Loan"). Mr. Robinson has applied for a 10m modification of the first mortpge. PNe Bw has made I request to subordTnate the CRA's second mortpge lien to the loan modification agreement in the amount of $179,740.39 dollars. Paraeraph 6(a)(ii) of the HAP Loan .Ajreement provides that in order to obtain a line of credit, equity loan or additional financing on the property. Borrower Diust obtain CRA's written consent. Para&raPh 6(b) of the HAP Loan .Ajreement provides that in the event of sale, lease or refinance of the property, the :lUll sum of the loan plus 4% lIDIlual interest will be due and payable. Since the amount of the loan modification qreement" exceeds the original ImOwt of the PNC loan, the 101.11 mol!1!fieaticm irlBsaetieft may 1ge 8essi4ead ..~ ~""'.I" liB_ ParaanpA 6(..X~ and it would result in the acceleration of the eRA Loan. The proposed loan modification cannot be considered a refinance transaction since the loan does not involve a new lender. In fact, the HAP Loan Aareement does not contemplate a provision for a loan modUleation transaction d111in& the term: of the loan. Given the current economy. loan modification agreements are now commonly requested to make home loan payments affordable. eRA staff is looking for direction trom the Board on the following policylbusiness issues: 1. Should the eRA subordinate its loan to the loan modification proposed by PNC Benk? 2. Should the eRA charge any amount for agency to subordinate its 10m, and if 10. what amo\mt? FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: Homebuyer's Assistance Program RECOMMENDATIONS: H:'I2001'()7041:J BBCR.A\HJ.P\Apnd Cover Ie Subordination Aarecment.4oc repared by: isa A Bright oynton Beach CRA 15 S. Federal Highway oynton Beach, FL 33405 51-737-3256 :::cord and return to: [eridian International Title Services Corp. 5 Seabreeze Ave., #202 elray Beach, FL 33483 Boynton Beach Community Redevelopment Agency Homebuyer Assistance Program Agreement In order to further its goal of creating affordable housing opportunities, the Boynton Beach Community Redevelopment Agency (Grantor) hereby grants financial assistance in the amount of$50,000.00 pursuant to its Homebuyer Assistance Program (Program) to ANDRAE R. ROBINSON, a single man(Grantee/s) to purchase real property described as: Lot 118, Block C, BOYNTON HILLS, according to the Plat thereof, as recorded in Plat Book 4. Page 51, of the Public Records of Palm Beach County, Florida. (Property) In exchange for the funding the Grantee/s understand and agree to the following terms and conditions. It is further understood by recipient that a lien shall be placed on the real property described above. 1. Grantee/s state that all information submitted to the Grantor in order for the Grantor to determine eligibility for the program is true and correct. 2. Grantee/s hereby state that the purchase price of the Property does not exceed $280,000. 3. Grantee/s hereby state that the amount of Program funding is not more than 50% of the cost of the Property. 4. Grantee/s hereby state that they have not owned a residence within the last three years prior to the purchase of the Property. 5. Grantee/s hereby state that they will submit proof of residency to the City and CRA annually by the anniversary of the closing date. 6. Grantee/s state that they understand that the grant amount will be secured by a second or third mortgage on the Property. a. The mortgage interest rate shall be 0% unless any ofthe following occur: A?Jl- Page 2 of3 1. The property is no longer occupied by the Grantee as their full time residence; 11. The grantee secures a line of credit, equity loan, etc. secured by the Property without the written consent of Grantor. 111. The property is leased. b. In the event that the Grantee/s sells the property to a non- income qualified buyer (a family whose income exceeds 120% of median household income for Palm Beach County), leases the property, refinances the property or does not reside in the property as their full-time residence, the full sum of the Grant plus interest of 4% annum from the date of this agreement shall be due and payable. 7. Grantee/s state that they understand that upon the sale of the property within the first five (5) years of ownership, the Grantee/s must pay eighty percent (80%) of the equity (determined by a fair market appraisal) to the Grantor. During years six (6) through twenty (20), fifty percent (50%) of the equity shall be payable to the CRA. During years twenty-one (21) through thirty (30), fifteen percent (15%) of the equity is payable to the CRA. The Grantor's share of equity is due at closing. 8. The Grantor reserves the right offrrst refusal to purchase the Property at the fair market appraised value. Grantee must notify Grantor in writing of their intent to sell. The Grantor shall have 45 days from the date of receipt of intent to sell, to exercise the right to purchase. Grantor shall notify Grantee in writing of the decision. 9. Grantee acknowledges that it has)received a Loan Assistance Note and Mortgage of even date with this Agreement and is familiar with, understands and accepts the terms and conditions contained therein as well as the terms and conditions contained in this Agreement. A(!~ Page 3 of3 F or Grantor: Boynton Beach Community Redevelop, 'pnt Agency For Grantee/s: C ~?/~ Date: _Andrae R. Robinson Print Name Date: 1 ( I (1 J ufb r ( r 'r'~11l rn n In II rn IIIW W nr n n /I nr II~ K '" 11m This Instrument was Prepared By: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 CFN 20080425469 OR BK 22968 PG 0364 RECORDED 11/:25/2008 12:17:27 Palm Beach County, Florida AMT 50,000.00 Deed Doc 175.00 Intsllg 100.00 Sharon R. Bock,CLERK & COMPTROLLER Pgs 0364 - 366. (3pgs) Record and return to: Meridian International Title Services Corp. 25 Seabreeze Ave., #202 DeJray Beach, FL 33483 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Homebuyers Assistance Program SECOND MORTGAGE TIllS SECOND MORTGAGE is made and entered into this lL day of }J~"fA ~ , 2008 by ANDRAE R. ROBINSON, a single man (hereinafter referred to as "Mortgagor"), and the Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S., whose post office address is 915 South Federal Highway, Boynton Beach, Florida 33444, (hereinafter referred to as "Mortgagee"); WITNESSETH WHEREAS, Mortgagor has simultaneously herewith, executed, and delivered to Mortgagee that certain Promissory Note (the ''Note'') dated of even date herewith, in the principal amount of Fifty- Thousand-Dollars and 00/1 00 DOLLARS ($50,000.00) payable in accordance with the terms and provisions as particularly stated therein, which matures on or before the maturity date set forth in the Note, which Note shall include any modifications, extensions, or renewals thereof, and, which Note, by reference is made a part hereof to the extent as though set out in full herein. NOW, THEREFORE, to secure the performance and observance of all covenants and conditions in the Note and in this Mortgage, and in all other instruments securing the Note, and in order to charge the properties, interest, and rights hereinafter described with such payment, performance and observance, and for and in consideration of the sum of Ten and nollOO ($10.00) Dollars paid by Mortgagee to Mortgagor this date, and for other valuable considerations, the receipt and sufficiency of which is acknowledged, Mortgagor does hereby grant, bargain, sell, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warrant, and confnm unto Mortgagee, all the certain land of which the Mortgagor is now seized and in possession situate in Palm Beach County, Florida (hereinafter referred to as "Property"), more particularly described as follows: Lot 118, Block C, BOYNTON HILLS, according to the Plat thereof, as recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach County, Florida. Property Address: 216 NW 7th Court, Boynton Beach, FL 33425 ,AOIIJ- This is a Second Mortgage, subordinate and mferior to that certain First Mortgage in the principal amount of $170,650.00 in favor of National City Mortgage, a Division of National Cit) Ila!P<n jthsuccessors and/or assigns, dated 1L -2-5"-()5and recorded in Official Records Book U. '1tx:> , Page 3 '-18 of the Public Records of Palm Beach County, Florida. TO HA VE AND TO HOLD the same, with the tenements, hereditament, and appurtenances thereunto belonging, and the rents, issues and profits thereof, unto the Mortgagee, in fee simple. AND the Mortgagor covenants with the Mortgagee that the Mortgagor is indefeasibly seized of the Property in fee simple; that Mortgagor has good right and lawful authority to convey said Property as aforesaid; that the Mortgagor will make such further assurances to perfect the fee simple title to said Property in the Mortgagee as may reasonably be required; that the Mortgagor hereby fully warrants the title to said Property and will defend the same against the lawful claims of all persons whomsoever; and that said land is free and clear of all encumbrances, except for the First Mortgage above referenced. AND the Mortgagor hereby further covenants and agrees to pay promptly, if due, the principal and interest and other sums of money provided for in said Note and this Mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property; to permit, commit or suffer no waste, impairment or deterioration of said land or the improvements thereon at any time; to keep the buildings now or hereafter on said land fully insured in a sum of not less than the full insurable value in a company of companies acceptable to the Mortgagee, the policy or policies to be held by, and payable to, said Mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the Mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to the Mortgagor for any surplus; to pay all costs, charges, and expenses, including lawyer's fees and title searches, reasonably incurred or paid by the Mortgagee because of the failure of the Mortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenants of said Note and this Mortgage, or either; to perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants set forth in said Note and this Mortgage or either. In the event the Mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue of said note and this mortgage, or either, the Mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date hereof at the highest lawful rate then allowed by the laws of the State of Florida. IF any sum of money herein referred to be not promptly paid within fifteen (15) days next after the same becomes due as a result of the sale or transfer of beneficial interest in property by Mortgagor, or if each and every the agreements, stipulations, conditions and covenants of said Note and this Mortgage, or either, are not fully performed, complied with and abided by, then the entire sum mentioned in said Note, and this Mortgage, or the entire balance unpaid thereon, shall forthwith or thereafter, at the option of the Mortgagee, become and be due and payable, anything in said Note or herein to the contrary notwithstanding. Failure by the Mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or this Mortgage accrued or thereafter accruing. Jyo1Jfl 20f3 IN WITNESS WHEREOF, the said Mortgagor has hereunto signed and sealed these presents the day and year ftrst above written. Signed, sealed and delivered in the r Name: Andrae R. Robinson G~cmu u--- G.,",,~'d.I\ChJL. ~i \lG€'\,-'\c\..JO Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 17 day of /..JJocw, k . 2008 by Andrae R. Robinson, who is personally known to me or has produced her Florida Driver's License as identiftcation. ~\\\\\\"1It""",,, ~,~.:. \.. LOREjI,.!I,... ~ S:>"'" .........:'<0 ~ ~ ~."..~~\SSION ~~.. ~ "" . ,,~' "8'" "'1"~.. ~ ~ :"V~t'.c'O;: ~'. ~ = .~~-:s o'iP.::. .: :~ :*= =* : .... : -= - . 309' ~- ~~.. #00551 :$~ ~~ e.. ..- Oi ~ ~"!9/'. ...~~~ ~ "Ol.:........:.~ ~ 1\~ if/II. "aLIC Sifl\' ""..; ~""",hl\'\\\\" (~ H:\2007\OOAB\Real Estate\3 BBCRA\Mortgage - HAP template.doc 30f3 11111111111111111'11111 Return To: CFN 20080425468 OR BK 22968 PG 0348 RECORDED 11/25/2818 12:17:27 Pal. Beach County, Florida AIlT 17., 651. .. Deed Doc S97. 45 Intang 341. 30 Sharon R. BocktCLERK &. COIPTROLLER Pgs 1348 - 363; (16pgs) Meridian Intemation,al Title Services ' ~eabreeze Ave., #202 ray Beach, FL 33483 ~\i/ document was prepared by: _ QI.R CJIOWDIlO1tY - /, V;. fO\ '@-Uonal City Bank P.O..~x 8800 Da~,-~ OK '5401-8800 r', ~) ;r-:::::-,,\ I( ,. \~? \.~ (-::0 0'/) 'Cs CC~) '(;;~0. ~\:)..~ v/\.~-, ~~,o DEF:INITIONS- ~J}~t~ '\,:/ Words used in multiple section~)us document are defmed below and other words are defined in Sections 3. 11. 13. 18.20 and 21. Certain ~arding the usage of words used in this document are also provided in Section 16. r- .~.;~ (A) "Security Instrument" means -. en.. which is dated November 17, 2008 together with all Riders to this documen ~y.~ (B) "Borrower" is ,,:.;:Q.J;> ~ ANDRAE R ROBINSON A Single Man [Space Above This Line For Recordflll Data] 0006091896 MORTGAGE BOITOwer is the mortgagor under this Security InSlrUment. (C) "Lender" is National City Mortgage a division of NaUonal City Bank Len~isa National Banking Association organized IIId existing un~ the laws oC United States FLORIDA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT _.'(FL) (0006).01 ,.... 1 of 16 Form SOlO 1/01 Initial. ;..IJ/ILl.. ,- VMP lilOl'lTGAGE FOAMS - (100)521-7291 Book22968/Page348 Page 1 of 16 ~ ~J)O . ~'s address is3232 N1nIMARlt DR.:IV!:, KUMISBURG, OK 453,(2 /)0 , . ~~ mortaagee ~der this Security InstrUment (D) "'NOte" means the promissory nOIe siped by BOITOwer and dated November 17, 2008 . The N~that BOITOwer owes Lender on KV1IN'1'Y nOD'AND 'U JlCM)RIID I'IPTY Ie 00/100 Dollars (U.S. $ --jj..,';;z_ 170,650.00) plus interest. B.orrower has promised to pay this debt in regular Periodic Paymentsan~pay&bedebtinfdnotlatcrtban December 1, 2038 . (E) "Property~s the property that is described below under &be heading "Transfer of Rights in the Property. n V . (F) "Loan" means~ debt evidenced by the NOIe, plus interest, any prepayment charges and late charges due under the NOIe~~~i..f sums due under this Security Instrument, plus interest (G) "Riders" m~' to this Security Instrument that are executed by Borrower. The following Riders are to be execu~. ~ orrower [check box as applicable): ~ 0 . ~ Adjustable Rate . . . .' ondominium Rider ~ Second Home Rider Balloon Rider . - " ~ Unit Development Rider 1-4 Family Rider V A Rider 'iweekly Payment Rider Other(s) [specify) \ r(~ (H) "Applicable Law" means ~;.~trolliflg applicable federal, state and local statutes, regulations, ordinances and administrative rules~:9rders (that have the effect of Jaw) as well as all applicable final, non-appealable judicial opinions. ~:~ (I) "CommUDity Association Dua, d Assessments" means all dues, fees, assessments and other charges that are imposed on Borro ~ Property by a condominium association, homeowners association or similar organization. ~ ' (J) "Electronic Funds Transfer" means any ttansfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Such term includes, but is not limited to, point-of-sale ttansfers, automated teller machine transactions, ttansfers initiated by telephone, wire 1nUlsfers, and aulOmated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "MiscelJaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other ~ of aD or any part of the Property; (ill) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, lbe value and/or condition of the Property. (M) "Mortple Insurance" means insurance protecting Lei1der against the nonpayment of, or default on, die Loan. . (N) .....riodic Payment" means the regularly scheduled amount due for (i) principal and int<<Cst under the Note, plus (it) any amounts under Section 3 of this Security Instrument .-'(FL) (000').01 III ".,. Z oIl. 'nltla,~':AiJJJ2 " . . Form 1010 1/01 . ~ ....; \ , ,t. . I " . "'~;" ~f .. . of ~ . Book22968/Page349 Page 2 of 16 ,~ \?>> ~;o (Ql.}4msPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its imPS. ing reauJation, Regulation X (24 C.P.R. Part 35(0), as they might. be amended from time to time, or .tional or successor legislation or regulation that governs the same subject matter. As used in this Secun trument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federall mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under (P) "Succ: terest of Borrower" means any party that has taken title to the Property, whether or not that p$1y has cd Borrower's obliptions under the Note and/or this Security InS1;nlment. TRANSFER O~HTS IN THE PROPERTY This S~urity Instru~,.-.r.ures to Lender: (i) rhe repayment of rhe Loan, and all renewals, extensions and modifications of th~~and (ii) rhe performance of Borrower's covenants and agreements under rhis S'ecuriiy Instrument an~~ re. For this purpose, 'Borrower does hereby mortgage. grant and convey to Lender, the following d . fjroperty located in rhe County [Type of Recording Jurisdiction] of Palm Beach .5:':,":)'" [Name of Recording Jurisdiction]: \i/ ;, 'J V0~" ~/ (~ ~~, ~"-"\ L C-' ot 118, Block C, BOYNTON HillS, ace . to the Plat thereof as recorded In Plat Book 4 Page 51 of the Public Records of Palm Beach Coun, a.' .. ~ Parcel ID Number: OU34:521070031180 216 NW 7TH CT, BOYNTON BBACH ("Property Address"): :which currently has the address of [Street) [City], Florida 33435 [Zip Code] TOGETHER WITIi all the improvements now or hereafter erected on the property, and all easements, appurtenances, arid fIXtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security InstrQment as the "Property. .. _.6(FL) (~005I,Ol ".g.3011. InltJ.I':~ Form 3010 1/01 Book22968/Page350 Page 3 of 16 10 '{i]?> B~OWER COVENANTS, that Borrower is lawfully seised of the estate hereby.conveyed and has th,,~ to mortgage, grant and convey the Property and that the Property is unencumbered, except for enc~~ces of record. Borrowec warrailts and will defend generally the tide to the Property against all cJaims~. ands, subject to any encumbrances of record. ' ITY INS1RUMENT combines uniform covenants for national use and non-uniform covenan ,_ limited variations by jurisdiction to constitute a unifc:>rm security instrument covering real property. ,~~ UNIF<3IfM COVENANTS. B,orrower and Lenda- covenant and I&fU IS follows: ' 1. Pa~f Prindpal, IlJterest, Escrow Items, Prepayment Charges, and Late Charges. Borrower sban~ywhen due the principal of, and interest on, the debt evidenced by the Note and any prepayment char 1ate' charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Sectia yments due under the Note and this Security InsltUment shall be made in U.S. currency. However, check or other insttumcnt received by Lender as payment under the Note or this Security Instrument . to Lender unpaid, Lender may require that any or all subsequent payments due under the Note an . Instrument be made in one or more of the following forms, ~ selected by Lender: ea> cash; (b) , (c) certified check, bank check, treasurer's check or cashier's check, provided any such check wn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or ~ic Funds Transfer. Payments are deemed ~ Lender when received at the location designated in the Note or at such other location.as may be .. by Lender in accordance with rhe notice provisions in Section IS. Lender may return any payment or payment if the payment or partial payments are insufficient to bring the Loan current. Lender may yment or partial payment insufficient to bring the Loan current, without waiver of any rights hereon :judice to its rights to refuse such payment or partial payments in the future, but Lender is not obli such payments at the time such payments are accepted. If each Periodic Payment is applied as of its due date, 1ben Lender need not pay interest on unapplied funds. Lender may hold such unappli IiI BOITOwer malces payment to bring the Loan current If BOITOwer does not do so within a reasonable period of ame, Lender shall either apply such funds or return them to BOITOwer. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which BOITOwer might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security InstrUment or performing the covenants and agreements secured by this Security InslrUment. 2. Application or Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shaIl be applied in the following order of priority: ea) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied fust to late charges, second to any other amounts due under this Secmity Instrument, and then to reduce the piincipal balance of the Note. . If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a . sufficient amount to pay any late charge due. the payment may be applied to the delinquent payment and the late charge. If more than ~ne Periodic Payment is outstanding, Lender may apply any payment received fI:om Borrower to the repayme:nt of the Periodic Payments if, and to the extent that. each payment can be paid in e-'(FL) (00061,01 e ".,_401 U Inltl'I':~ Form 3010 1/01 Book22968/Page351 Page 4 of 16 t .....,:..;"'. / ;.' :>-.. ............ . ~ \~-~})O . 1f5.0 the extent that any excess exists after the payment is applied to the full payment of one or more . . ~yments, such excess may be applied . to any late charges due. Voluntary prepayments shall be app~ to any prepayment charges and then as described in the Note. , 'WjJipplication of payments, insurance proceeds. or MisceI1aneous Proceeds to principal due under the Note s6ill extend or posIpOIIe the due date, or change the amount, of the Periodic Payments. 3. lor Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, . e Note,is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and -' ! ts and other items which can attain priority over this Security Instrument as a lien or encumbrance ~Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all . ce ~uirett by Lender under section 5; and (d) Mortgage Insurance premiums, if any. or any sums paY:1Eb BOrrower to Lender in lieu. of the payment of Mortgage Insurance premiums in acco~ce with tbe. .. s of Section 10. These itmls are caIJed "Escrow Items." At oriJination or at any time during the 5. . e Loan, Lender may require that Community Association Dues, Fees, and Assessments, if $fiY, . . wed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptl~.. . < to Lender all notices of amounts to be pai<I under this Section. Borrower shall pay Lender the p. . w Items unless Lender waives Borrower's obli&ation to pay the Funds for any or all Escrow Items. ~y waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. ~'- . waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and w . . yable, the amounts due for any Escrow Items for which payment of Funds has been waived by, . Lender requires, shall furnish to Lender receipts evidencing such payment within such lime period der may require. Borrower's obligation to make such payments and to provide receipts,shall for all p~.~ deemed to be a covenant ~d agreement contained in this Security Instrument, as the phrase "covenant '-. ent" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a~ wd Borrower fails to pay the amount due for an Escrow Item. Lender may exercise its. rights under and pay such amount $fid Borrower shall then be obligated under Section 9 to repay to Lender any t Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in . With Section IS and, upon such revocation, Borrower shall pay to Lender all Funds, lUld in such amounts. that are then required under this Section 3. Lender may. at any lime. caBcct and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the tUne specified under RESPA. and (b) not to exceed the maximum amount a lender can require under RESP A. Lender sha1l estimate the amount of Funds due on the basis of current daIa and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. . The Funds shall be held in an insWution whose deposits are insured by a federal agency, instrumenlality. or entity (including ~, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shIH apply the Funds to pay the Escrow Items no later shan the time specified under RESP A. Lender shall not charge Borrower for boldina and applying the Funds. annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower infcrcst on the Funds and Applicable Law permits Lender fp make such a charae. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing. however. that interest shall be paid on Ihe Funds. Lender shaD give to Borrower. without charge, an anauallllXOunting of the Funds as required by RESPA. ~.'(FL) (OQ06).Ol Inhl.II:~ "A"a 6 of'6 Form 3010 1101 Book22968/Page352 Page 5 of 16 ~o .. ~~f there is a smplus of Funds held in CSCJ'QW, as derIDed uncb' RESPA, Lender shall account to 3i;orro or the excess funds in accordance with RESP A. If there is a shortaBc of Funds held in escrow, as RESPA, Lender shall notify Borrower as required by RESPA. and Borrower shall pay to Len lIIlount necessary to make up the shor1:aie in accordance with RESPA, but in no more than 12 monthl ents. If there is a deficiency of Funds held in escrow, as defined under RESPA. Lender shall notify B .-, as required by RESP A, and Borrowec shall pay to Lender the amount necessary to'make up the defic' ~- with RESPA, but in no more than 12 monthly payments. Upon t in fD1l of alllUms ,secured by this Security Insttumcnt, Lender shall prompdy refund to Borrower any ~ held by Lender. 4. Cbarg'tff'Uens. 'Borrower shall pay all taxes, assessments. charges, fines, and impositions attributable to the which can attain priority over this Security Instrument, leasehold payments or ground rents on . ,if any, and Community ~ Dues, Fees, and Assessments, if any. To the extent that these . w Items, Borrower shall pay them in the mannec provided in Section 3. Borrower shall discharJe any lien which has priority QVec Ibis $ecwity InsIrument unless Borrower: (a) agrees in ~ the payment of the obligation secured by the lien in a manner acceptable to Lender~ but only so~ng , er is performing such agreement; (b) contests the lien in good faith by, or defends against enfi . ~ in; legal proceedings which in Lender's opinion C?perate to prevent the enforcement of the. &m ~ ,.............. pelIlfing, bat only _ such procoodin&s .. c:oncludod: or (c) secures from the ho. , . III qreement satisfactory to Ltnder subordinating the lien to this Security Instrument. If Lender . es that any part of the Property is subject to a ~ which can attain priority over this Security Instru ~ may give Borrower a notice identifying the lien. Within 10 days of the dale on which that no~~Jj'pven, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section ~-JI Lender may require. Borrower to . ne-lime charge for a real estate tax verification and/or reporting service used by Lender in connection' .. ' 5. Property Insurance. Borrower . the improvements now existing or hereaf1ec erected on the Property insured against Joss by fire, hazards included within the term "extended coverage," and any other hazards including, but nOl limited to, earthquakes and floods, for which Lender requires insuranCe. This insurance shall be maintained in the amounts (including deductible levels) and for the periods, that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject 10 Lender's right to disapprove Borrower's choice, which right shal1 not be exercised unreasonably. Lender may require ,Borrower to pay, in connection with this Loan, either: (a) a one-time charae for flood zone determination, certiflC8lion and tracking services; or (b) a one-time char,e for flood zone determination and ccrtiflC8tion services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower sh.n also be responsible for the payment of any fees imposed by the Federal Ema'gency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of Ihe covcraaes describCd above, Lender may obtain insurance coveraae, at Lepder's option and Borrower's expense. Lender is under no obli&ation to purchase any particular type or IIIlOunt of coverage. 'Therefore, such coverage shaD cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard _..(FL) 1000'),01 I"eo_' 011& lnlll.~;,~ . Form 1010 1/01 Book22968/Page353 Page 6 of 16 ~~ '(?>>> 0 , ~~ility ~d might provide greater or lesser coverage than was previously in effect Borrower ac&tiw~es that the cost of the insurance coverage so obtained might significantly exceed the cost of ~'d1at Borrowec could have obtained. Any amounts disbursed by Lender undec this Section 5 shall ~~na1 debt of Borrower secured by this Security Instrument These amounts shall bear interest at the N~. . the date of disbursement and shall be payable, witJI such interest, upon notice from Lender to Bo uesDng payment All . . policies required by Lender and renewals of such policies shall be subject to Lender's right to . .' : such policies, shall include a' standard IIlOltp&C clause. and shall name Lender as mortgagee r as an additional loss payee. Lender shall have the right to hold the policies and renewal cerIificates. If ~ requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. ~orrower obtains lilY fann of insurance coverage, not odierwise required by Lendec, for damage to, or of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mo r as an addilionalloss payee. In the event of 10 wer shall give prompt notice 10 the insurance carrier and Lender. Lender may make proof of loss if promptly by Borrower. Unless Lender and Borrower otherwise agree in writing; any insurance ~ether or not the underlying insurance was required by Lender, shall be applied to restoration or .'f.~ Property, if the restoration or repair is economically feastble and Lender's security is not I ming such repair and restoration period, Lender shall have the right to hold such insurance proceeds u has had III opportunity 10 inspect such Property to ensure the work has been completed to Lender's ~on, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for 't?e" repairs and restoration in a single payment or in a series of progress payments as the work is completed. ... s an aareement is made in writing or Applicable Law requires interest to be paid on such insurance , Lenc:b shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for pu , or other third partieS, retained \ly Borrower shall not be paid out of the insurance proceeds and e sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's sec uld be lessened, the insurance proceeds shall be applied to the sums secured by this Security Ins whedler or not then due, with the excess, if any, paid to Borrowec. Such insurance proceeds shall be applied in the ordec provided for in Section 2. If Borrowec abandons the Property, Lendec may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice &om Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights 10 any insurance proceeds in an amount not 10 exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrowec) under all insurance policies covering thC Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amOll(lts unpaid under the Note or this Security InsllUment, whether or not then due. 6. Occupancy. Borrower shall OCCUPY, establish, and use the Property as Borrower's principal residence within 60 days Ifter the execution of this Sec~ty Instrumenl and shall conlinue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender odlerwise _"(FL) (0005),01 ,nitlai...AIl1l Page 70118 Form 3D1D 1/01 Book22968/Page354 Page 7 of 16 ~o . ~ in wriling. which _I _ IIOl be _y _old, or ....... ex-..ina - exJS~' are beyond Borrower's control. rvation, Maintenance and Protection of the Property; InspectiobS. Borrower sha1I not des e or impair the Property, allow the Property to deteriorate or commit waste on tbe Property. Wheth[fiBorrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Pro . deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S.., or restoraIiOR is not economically feasible, Borrower shall. promptly repaIl'.. . . the Property.if damaged to further deterioration or damage. If insurance or condemnation proceeds are paid in connection willl~e to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the ~ only if Lender has released proceeds for such pwposes. Lender may disburse proceeds for the repairs an toration in a single payment or in a series of progress payments as the work is completed. If the /. ce or condemnation proceeds are not sufficient to repair or restore the Property, Borrower- is not' Borrower's ob1iption for the completion of such repair or restoration. Lender or its make reasonable entries upon and inspections of the Property. If it has reasonable cause. '" dnspect the interior of the improvements on the Property. Lender' shall give Borrower nodce at the . ~or to sucb an interior inspection .specifying such reasonable cause. 8. BOlTOwer'. Loan ~n. Borrower sha1I be in default if, during the Loan application process, Borrower or any persons or'/ acting at the direction of Borrower or with Borrower's knowleclge or consent gave mataiaUy false, " or inaccurate information or statements to Lender (or failed to provide Lender with material.. ) in connection with the Loan. Material representations include, but are not limited 10, ~tations . ~g Borrower's occupancy of the Property as Borrower's principal ~. ~1~, ,. -.. or.......... ~ ..........,. .... RIp" Uader ... S~ IDmamat. If (a) Borrower fails to perform the cov d agreements contained in this Security Instrument, (b) there is a legal proceeding that might sign' t Lender's interest in tbe Propmy and/or rights under this Security Insttument (such as a . bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien whicb may attain priority over Ibis Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and richts under this Security Instrument, including proteCting and{or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can indude, but are not limited to: <a> paying my sums secured by a lien which bas priority over this Security InsIrumCnt; (b) IppCaring in court; IIld (c) paying reasonable attorneys' fees to protect its interest in tbe Property and/or rights under tbis Sccmity Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not Umited to, entering the Property to make repairs, ~ge locks, replace or board up doors and windows, drain water front pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off, Although Lender may &ate action under this Section 9, Lender does not have to do so and is not under any duty or obliaation to do so. It is agreed that Lender incurs DO liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under tbis Section 9 sball become additional debt of Borrower secured by this Security Instrument These amounts shaD bear interest at the Note rate from the date of _.I(FL) (0005).01 "... ..f 1. Inhl.":~, Form .010 1/01 Book22968/Page355 Page 8 of 16 \:~ ~J)O ~ent and shall be payable, with such interest, upon notice from Lender to Borrower requesting p~~, ~. Security InsInunent is on a leasehold, B~wer shall comply with all the provisions of the lease. If B. acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lender , . e meqer in writing. 10. Ie 1nsuraDee. If Lender required Mortpp Insurance as a condi1ion of making rhe Loan, Bono pay the premiums required to maintain the MortpIe Insurance in effect If, for any reason, the M coverage required by Lender ceases to be available from the morraaa.e insurer that previously such insurIDce and Borrower was required to mike separately desipltP4 payments toward the for MorIpae Insurance, Borrower shall pay the premiums required to obtain covaage substantially eq~t to the Morf&aIe Insurance previously in effect, at a cost substandaDy equivalent to the cost to B~ of the Mortpp Insurance previously in effect, from an alternate RlOI't8Iee insurer selected by Lcndei. stantially equivalent Mortpge Insurance coverqe is not available, Borrower shall continue to pay to 1be amount of the separately ~ payments that were due when the insurance coverage ceased to be '1 Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of M . Such loss reserve shall be non-refundable, notwilhstanding the fact that the Loan is ullimafdy and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Ionler require loss reserve payments if ~ Insurance coverage (in the amount and for the ~ requires) provided by an insurer selected by Lender again becomes available, is obtained. and .' separately designated payments toward the premiums for Mortgage Insurance. If Lender required e Insurance. as a condition of making the Loan and Borrower was required to make separately yments toward the premiums for Mortalfe InSUI'8IlCe, Borrower shall pay the premiums required Mortgage Insurance in effect, or to provide a non-refundable loss ........ _ LaIdc<', roq........~ '- ends In llCCClI1I8nce _ any _ _, between Borrower and Lender pro' . '" such Iermination or until termination is required by Applicable Law. Nothing in this Section 10 aft wer's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses~ .. lilY entity that purchases the Note) for certain losses it may incur if Borrower does not repay the ' Borrower is not a party to the Mortgage Insurance. Mortpae insurers evaluate their n all such insurance -in force from time to time, and may enter into agreements with odIer parties r modify their risk, or reduce losses. Th~ agreements are on terms and conditions that are satisfactory to the mortgage insurer IIld the other party (or parties) to these agreements. These agreements may require the moltlage insurer to make payments using lilY source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). , As a result of d1ese agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortpge Insurance, in exchange for sharini or mocIifyin& the RlO11IIIe insurer's risk, or reducinc losses. If IUch qreement provides that an affiliate of ,Lencfel' takes a share of the insurer's risk in exchange for a share of the premiums paid to the inSW'Cl'. the manpment is often renned "Clptivc reinsurance." Further: ' (a) Any such qnements wm DOt aired the ,mouDts that Borrower bas aareed to pay for Mortgage IDsunmce, or oy other terms of the Loan. Such ap-eeIIlents wiD not fD~ tbe amount Borrower will owe for Mortpge IBsuruee, IIId tile)' wm DOt ..title Borrower to any refund. (b) Any sucb agreemellts wDI Dot aired tbe'rlghts Borrower bas . It any. With respect to the Mortgare IasuraBce UDder the HomeowDtfl ProtecdoD Ad 01 199. or an)' ether law. These ricbts may include the richt to rec:elve certain disclosures, to request aad obtaJD. caac:ellaticm of the Mortgage lasurance, to have the Mortpae lDsurance termmated automatic:ally, ed/or to receive a refund of aDY Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. _ .e(FL) (OOOI},Ol pa... 01 11 ~,., , . I Inltla'l; ,. . Form 3010 1/01 Book22968/Page356 Page 9 of 16 ~'. ' ..../')) ~:/'. 0 " , )) , ,tfP':U. Assianmenl or MisceDaneous Proceeds; Forf'eiture. All MisceDan~us Proceeds are hereby a'$-Sign dP and shall be paid to Lender. Property is damaged, such MisceDaneous Proceeds sbaD be ~lied to restoration or repair of the . the reStoration or repair is economically feasible and Lender s security is not lessened. During such ' . and restoration period, Lender shall have rhe right 10 hold such Miscellaneous Proceeds until Lender an opportunity 10 inspect such Property to ensure the work bas been completed eo Lender's satisflC' vidcd that such inspeclion shall be undertaken prompdy. Lender may pay for the repairs and restoration e,le disbursemel\. t or in a series of progress payments IS the work is completed. Unless an agreement ' in writing or Applicable Law requires inteleSt 10 be paid on such MiscdIaneous Proceeds, Lender shall creq.. uired to pay DOROwec any interest or camin,s on such MiJccUaneous Proceeds. If rhe restoradon or is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall · .1ied 10 the sums secured by this Security Instrument, whether or not then due, with rhe excess, if any, ~orroWCl'. Such MisceJJancous Proceeds shall be applied in the order provided for in Section 2. . \1.~~V. ' In the event of ' takin&, destruction, or loss in value of the Property, the MisceUaneous Proceeds shall ~ applied to the .. " secured by this Security Instrument, whether or not then due, with !he excess, if any, paad to Borrower. 0 ' 1n the event of a . . I, deslJuction, or loss in value of the Property in which the fair market value of the Property . the parIialtaking, destruc1ion, or loss in value is equal to or greater than the amount of the by this Security Instrument immediately before the partial taking, destruction., or loss in value, arrower and Lender otherwise agn:e in writing, the sums secured by this Security Instrument shall be by the amount of rhe Miscellaneous Proceeds multiplied by the following fraction: (a> the total of the sums secured immediaCely before the partial taking, de&truction, or loss in value divided by (b) ~market value of the Property immediately before the partial liking, destruction, or loss in value. Any" . shaU be paid to Borrower. In the event of a partial liking, '. on, or loss in value of the Property in which the fair market value of the Property immectiate1y~. partial takin&, destruction, or loss in value is less than the amount 0 fthe sums secured im ore the. partial taking, destruction, or loss in value, unless BorroWCl' and Lender otherwise agree g, the Miscellaneous Proceeds shall be applied to the sums secured by this SecuJity Instrument. t dte sums are then due. If die Property is abandoned by Borrower, or if, after notice by Lender 10 Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for dama&es, Borrower fails to respond to Lender within 30 days after fhe dare the notice is liven, Lender is IUrhorizod to coJlect and apply the MisceJJaneous Proceeds eilber to restoration or repair of the Property or to the sums secured by this Security Instrument, 'Whether or not then due. "Opposing Party" means the third party tbat owes Borrower Miscellaneous Proceeds or the party apinst whom 80R0wer has . right of action in regard 10 Misce1Janeous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is be&un that, in Lender's judgment, could result in forfeiture of the Property or other mattrial impairment of Lender's interest in the Property or rights under rbis Security InstrumenL Borrower can cure such I default and, if acce1eradon has occurred, reinstate IS provided in Secdon 19, by causing the action QI' proccedin& to be dismisse4 with a ruling \hat, in Lender's judJment, precludes forfeilure of the Property or other mat<<ial impairment of Lender's interest in Ihe Property or riahlS under this Security Instrument. The proceeds of any aWlI'd or claim for dama&es ~ are .tlributable to the impairment of Lender~ s interest in the Property are hereby assigned and shall be PIi4 to Lender. ' AD MiIceUIneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provkfed for in SecIion 2. ' , 11. Borrower Not ReIeIsed; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of fhe sums secured by this Security Instrument panted by Lender ~ "(FL) (0001).01 P.,. 100118 Inllla,.:.;/1Jl(J.. Form 3010 1/01 Book22968/Page357 Page 10 of 16 ~~ ' ' '-'~ 0 ~,,~_ 0< any S_ln """",,ofB__ shall not_ Ul_1hc~ ofBom>w<< 0< ~dcccssors in Interest of Borrower. Lender shall not be requiml to conunence proceedinp apinst any 5U5:' <in InIereSt of Borrower or to refuse to exfflDd time for payment or otherwise modify amortization of tht secured by this Security Instrument by reason of any demand made by rhe original Borrower or any S in Interest of Borrower. Any forburance by Lender in exercising any right or remedy includin ut limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest 0 wer or in amounts less than the amount then due, sball not be a waiver of or preclude the exercise 0 t or remedy. 13. J ,- '" eral Liability; CHipers; Suecessors and Asslps 80UDd. Borrower covenants and agrees that ,wer's obliplions and liability shall be joint and several. However, any Borrower who co.signs this Socd\lllSIJ'Ument but does not execute the Note (a "co-siper"): (a) is co-sianin. this Security Instmment only ~e, grant and convey the co-signer's interest in the Property under the tams of this Security Instrument; ~ not personally obliptcd to pay the sums secured by this Security Instrument; and (c) agrees that ~~. d any other Borrower can agree to extend, modify, forbear or make any accommodations with, ,to the tams of this Security InsIrument or the Note without the co-signer's consent ,~ ' . S~bject to the PJ;O < (jection 18, ~y S~ in ~nterest of Borrower who assumes B~wer's obligabons under tillS '1nstrument m writing, and IS approved by Lender, shall obtaJIl all of Borrower's riaJats and. ,~ this Security InsIrumcnt Borrower shall not be released from Borrower's obligations and . under this Security Instrument unless Lender agrees to such release in writin,. The covenants and of this Secgrity InslrUment shall bind (except as provided in Section 20) and bmefit rhe sucecssors ofLcnder. 14. Loan Chal'les. Lender Ie Borrower fees for services performed in connection with Borrower's defaul ~ ~ 1hc _ &rotectm,' . g Lender's interest in the h-operty and ripts under this Security Instrument, including, but n . to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence authority in this Security Insll'U111ent to charge a specific fee to Borrower shall nQt be construed as a lion on the chargin, of such fee. Lender may not charge fees that are expressly prohibifed by this S ' ment or by Applicable Law. If the Loan IS subject to a law w i<lf!:-WA\JlXimum loan cb8rJes, and that law is finally interpreted so that the interest or other loan charaes ~_ ~ be collected in conneccion with the Loan exceed the permitted limits, then: (a) any such loan chalie shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums abeady co11ecfed from' Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by makin, a direct payment to Borrower. If a refund reduces principal, the reduction will be treaf.ed as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower miaht have arising out of such overcblrge. 15. Not1c:es. All notices given by Borrow~ or Lender in ~ with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to llorrower when mailed by rust class mail or when lCtUIlly delivered to Borrower's notice address if sent by other mcan8. NoIice to any one Borrower shaJl constiQate' notice to an Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substi1Ute notice Idc1ress by nodce to Lender. Borrower sball promptly notify Lender of Borrower's change of address. H Lender specifies. procedure for reportiq Borrower's change of address, then Borrower sh8II only report a change of Iddress duoqh that specifiec1 procedure. There may be only one desipaf.ed notice IIddrcss under this Security InsIrument at any one lime. Any notice to Lender shall be Jiven by cleJivcring it or by maiIina it by first class mail to Lender's addIas stated herein unless Lender has designafed another address by notice to Borrower. Any notice in connection widt this Security InstrQrnent ..I(FL) (0005).01 Page'10f 1. lnnlal~: Mil- Form 3010 1/01 Book22968/Page358 Page 11 of 16 ~' . ~~o ~ot be deemed to have been gi~en to Lender un,ill actually received ~y Lender. If an~ nouct'. ~~ by thiSE. ty Instrument is also required under Applicable Law, the Applicable Law reqwrement will satisfy the ' .' ,requirement under this Security Instrument. ' , , . . vernina Law; SeverabDity; Rules or CODStruction. This Security InSlJUrnent shall be governed by f<~and the Jaw of the jurisdiction in which the Property is locared. AU rights and obligations contain . .' Security Insuument are subject to any requirements and limitations of Applicable Law, . _ ~. : oxpUchIy or lmpIld1Iy allow oho ...... .. ..... by """"" '" k nU&h. t be silent. but such si1enct'. not be construed as a prohibition llainst agreement by COntrllCt. In the event that any provision or .. . f this Security Instrument or the Norc conflicts with Applicable Law, such conflict shall not affect .. .' 'ons of this Security Instrument or the Norc whicb can be given effect without the conflicting provisto 'J ' As used in /. ecurity Instrument: (a) words of the masculine gender shall mean and include corresponding oeo N or words of the feminine gender; (b) words in the singular shall mean and include the plural and . and (c) the word "may" gives sole discretion without any obligation to take any acdon. ' - ~ 0 ' 17. Borrower's C~wer shalJ be given one copy of the Note and of this Security Instrument. 18. TraDsrer or the ~" or a BeneI'xIallDterest in Borrower. As used in this Section 18. "Interest in the Property" m legal or beneficial interest in the Property, including, but not limited to, those beneficial interests Iran bond for deed, contract for deed, iDs1allment sales Contract or escrow agreement, the intent of which is er of title by Borrower at a future date to a purchaser. If all or any part of the ~ any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficia) i~ in Borrower is sold or ttansferred) without Lender's prior wrinen consent, Lender may require:B' -' :YJDent in full of all sums secured by this Security Instrument. However, this option shall not be ex . Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, l!lbd6tJ!hall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 da~ the date the notice is given in accordance with Seebon 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrowtl' fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to lilY power of sale conlained in this Security Instrument; (b) socb other period as Applicable Lawmigbt specify for the tenninarion of Borrower's rigbt to reinstate; or (c) enlry of. judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument IIld the Note as if no ICCeleration had occurred; (b) cures any default of any od1ct covenants or agrcemcnl5; (c) pays all expenses incurred in enforcin, this Security 1nsIrumen1, including, but not limited to, reasonable attorneys' f~. property mspection and vlluation fees, and od1ct fees incurred for the pmpose of protecting Lender's interest in the Property and rights under this Security Ins1lUment; and (d) takes such action as Lender may' reasonably require to assure that Lender's inta'eSt in lhe Property and rights under this Security Instrument, _e-I(FL) (0005).01 Pall. 120118 Inltlal':~ Form i010 1/01 Book22966/Page359 Page 12 of 16 ~ ' ,..~~>o , wer's obligation to pay the sums secured by this Security Instrument. shall continue unchanged. . ~ require that Borrower pay such reinstatement sums and expenses in one or more of the following , fo~~ by Lender: (a) cash; (b) money order; (c) certified check, bank check.1reaSuref's check or ~. provided any such check is drawn upon an institution whose deposits are insured by a federal agencY,~ maality or entity; or (d) Electronic'Funds Transfer. Upon rciDstaternent by Borrower. this Security . t and obligations secured hereby shall remain fully effective ~ if no acceleration had occurred. , this ript to reinstate shalJ not apply in the case of acceleration under Section 18. 10.' - . ; Cban,e 01 Loan Servic:tr; Notice 01 Grievance. The Note or a partia1 interest in the Note (togethef.! . · this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale miiht ~ a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due undet the Nb16 and this Security Instrument and performs other mortgage loan servicing obJiptions under the Note.' 'ty Instrument. and Applicable Law. There alsQ might be one or more changes of the Loan Servicer to a sale of the Note. If there is a change of the Loan Servicer. Borrower will be given written notice )~hange which will state the name and address of the new Loan S<<vicec, the address to which paym be made and any othe,r information RESP A requires in connection with a notice of transfer of dle Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the i;,\n mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be tl'ansfi .. a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by . purchaser. Neither Borrower nor. commence. join, or be joined to any judicial aclion (as either an individual1itigant or the member 0 ~) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the 0 1\ilp:ty has breached any provision of, or any duty owed by reason of, ... . this Security Instrument, until such B - or Lender has notified the other party (with such notice given in compliance with the requirements of S' ) of such alleged breach and afforded the other party hereto a reasonable period after the giving of su to take corrective action. If Applicable Law provides a lime period which must elapse before certain ac be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice lion and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower plD'Suant to Section 18 shall be deemed to satisfy the notice and opportunity to take comx:tive action provisions of this ~ection 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, voiatile solvents, materials containing asbestos or formaldehyde, and radioactive marerials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial acIion, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can caUse, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shalJ not, cause or pemtit lhe presence, use, disposal. storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,anything affecting the Property (a) that is in violation of any Environmental _..(FL) (0005).01 ..age 13 of 18 Inltlall:-.LJI/€- Form 3010 1/01 Book22968/Page360 Page 13 of 16 ~ //'~o ii, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a tiS Substance, createS a condition that adversely affects the value of the Property. The preceding two sen shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Sub that arc generally recognized to be lIl'PIOpriale to normal residential uses and to maintenance of the~' eluding. but not limited to, hazardous substanceS in COIlSUlllCl' products). B """ shall prompdy give Lendec written notice of (a) ,any investigation, .claim. demand, lawsuit or other acn f!:y governmental or repIaIory agency or pnvate party involving the Property and any Hazardous or Environmental Law of which Borrower has actual knowledge, (b) any Environmen ~tion. including but not limited to. any spilling. leaking, discharge, release or threat of release of any~us Substance, and (c) any condition caused by the presence, use or release of a Hazardous SUbstan~. . ch adversely affects the value of the Property, If Borrower learns, or is notified by any governmental . r"3 authority. or any private party, that any removal or other remediation of any Hazardous Substan ling the Property is necessary. Borrowez shall promptly take all necossary remedial actions in accordance vironmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <1'J.-. 0 ~>-;:;\ NON-UNIFORM -", . Borrower and Lender further covenant and agree as follows: 22. Acceleration; Re Lender sbaDgive notice to Borrower prior to acceleratioD foUowine Borrower's breach of any t or aereement In this Security IDstrument (but Dot prior to acceleration UDder SectioD 18 Applicable Law provides otherwise). The DOtice shaD speclly: (a) the default; (b) the action req _~ the default; (c) a date, Dot less thaD 30 days from the date the DOtice is elven ~ Borrower, ._ the default must be cured; and (d) that faDure to cure the default on or before the date ~he DOtice may result In acceleratioD of the.sUIDS secured by this Security Instrument, foreclosure didal proceeding and sale of the Property. The DOtice shall further Inform Borrower of the r Ifl:t6Infnstate after acceIeratloD and the ritht to assert In the foreclosure proceeding the nOD-existe~efault or aDY other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date spedfied in the notice, Lender at Its option may require immediate payment in run of aU sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shaD be entitled to c:oUect aD expenses incurred in PursuiD& the remedies provided In this Section 22, Includbig, but not limited to, reasonable attoneys' fees and costs of title evidence. 23. Qelease. Upon payment of all sums secured by this Secmity Instrument, Lender shall release this . Secmity Instrument. Borrower sba1l pay any recordation costs. Lender may charge Borrower a fee for releasing this Sccmity Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is penniued under Applicable Law. 24. Attorneys' Fees. As used in Ibis Security Instrument and the Note. attorneys' fees shall include those awarded by an appellate court and any attorneys' fees incmred in a bankruptcy proceeding. 25. Jury Trial Waiver. The Borrower hereby waives any right to a trial by jury in any action, proceeding, claim. or counterclaim. whcdter in contract or tort, at law or in equity, arising out of or in any way related to this Secmity Instrument or the Note. _.I(FL) (0005).01 InRlala: AOIl- Form 1010 1/01 'a.a 14011. Book22968/Page361 Page 14 of 16 ~ \~o \?f~Y SIGNING BELOW, Borrower accep~ and agrees to the terms and covenan~ contained in this S~tyI~. _~m~Y~~~~B~2?~ Si~ and delivered in the presence of: - '~U (2) \.~ (Seal) ~ ~(V\~ AHI)lW: R ROBINSON -Borrower f;i .e..rr "t;O ~ ~~7 ~,:.- ~/,:,--;\ ,,'" J);'; ~;~ " '~(/70 , :' \~ (Seal) .,. . -Borrower :<<.~ : Ft';:')) X-~~_ ',,~.) ..: ~/r . . ,. , . 1:..-. ,', ',.. J' ",,' . '.:.. .'. '\ , , ',I' .' , " .. I' ...... " -., , ~ ..' I'J.\,.' -Borrower (Addreu) (Seal) -Borrower (Addreu) _.I(FL) (0005).01 Book22968/Page362 (Address) (Seal) -Borrower (Address) (Seal) -Borrower (Address) (Seal) -Borrower (Address) (Seal) -Borrower (Addreu) Pall. 150116 Form 3010 1/01 Page 15 of 16 ~~ "'::2>)) 0 ~OFFLORIDA, PALM BEACH County.., 'i.~ insInJmmt w.. -ledied -.... dUs NOVEMBER 17, 200e AN' ~. ROBINSON 01 \~ who is person~own to me or who has produced . by C\.I(FL) (0005).01 Initial.:' .Atlr{ "all. 1. 8' 1. Form SOlO 1/01. Book22968/Page363 Page 16 of 16 This Instrument was Prepared by: Anna~aBubog,Esq~e GOREN, CHEROF, DOODY AND EZROL, P A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 SUBORDINATION OF MORTGAGE AGREEMENT TIllS SUBORDINATION OF MORTGAGE AGREEMENT (the "Agreement") is made this _ day of , 2010 by the Boynton Beach Community Redevelopment Agency, a Florida pubHc body corporate and pontic created pursuant to Section 163.356, F.s. (the "CRAil) in favor ofPNC Bank, N.A. flk/a National City Mortgage (the "Bank"). WIT N E SSE T H: WHEREAS, the CRA is the owner and holder of that certain promissory note and mortgage in the original principal amount of Fifty Thousand and 00/100 Dollars ($50,000.00), executed on November 17, 2008 by Andrae R. Robinson, a single man (the "Mortgagor"), which Mortgage was recorded on November 25, 2008 in Official Records Book 22968, Page 364 of the Public Records of Palm Beach County, Florida (the "CRA Mortgage"); and WHEREAS, Mortgagor is the owner in fee simple of the property located at 216 NW 7th Court, Boynton Beach, Florida 33425 (the ''Property'') which is more particularly dssG:Eiged as follows: Lot 118, Block C of BOYNTON HILLS, according to the Plat thereof, as recorded in Plat Book 4, Page 51 of the Public Records of Palm Beach County, Florida. WHEREAS, the Property is encumbered by a first mortgage in the original principal amount of $170,650.00 in favor of the BANK dated November 17, 2008 and recorded in Official Records Book 22968, Page 348 of the Public Records of Pahn Beach County, Florida. WHEREAS, the BANK has agreed with Mortgagor to enter into a loan modification agreement of the first mortgage in the sum of $179,740.39 (hereinafter the "Modification of First Mortgage''), provided that the CRA Mortgage is subordinated to the Modification of First Mortgage; THEREFORE, in consideration of the sum of and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CRA hereby represents, covenants and agrees as follows: 1. The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. The CRA Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. 3. The CRA Mortgage is and shall be subject, subordinate, junior and inferior to the Modification of First Mortgage in the principal amount of $179,740.39 executed by Mortgagors in favor of BANK dated .2010 and recorded in Official Records Book , Page of the Public Records of Palm Beach County, Florida. 4. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, successors and/or assigns. IN WITNESS WHEREOF the undersigned has duly executed this Agreement on . 2010. SigJ:led, sealed and delivered in the presence of: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Title: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was aclmowledged before me on this _day of .2010 by . as of the Boynton Beach Community Redevelopment Agency, on behalf of the Agency, who is either personally known to me or has produced a Florida Driver's License as identification. NOTARY PUBLIC H:\2007\0704 73 BBCRA \Real Estatc\Subordination AlfCeI'I1llIltdoc 20f2 ,~~'~..., ~''''''''''>'''-'-T'~'-~''''''rrln _.,-..,.-"<-'-""""",........"..._",...._''''~''.,'-<'''' ."'^......~~".f'~li.......""'"",""'~,',"'~"""=,_,,..__~"",,","'_,.,,',.,' ,. XI. NEW BUSINESS: C. 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 & March 15, 2010 J'lil 'W- if r --"-''"~''-'--"'liiI;i-I'-~''- ,~. """'" ~.~.. ~.~'~'M'-'-!~""~'''W"'M'''"'.'i~"rf''''''''''t..~.,_. -.....,~.. j/lllit.__~.......,..,,~...... XI. NEW BUSINESS: D. 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 & March 15, 2010 I ....: . ' Program/Project Est. Annual I (Cost)/Savings $ (56,335) $ (45,268) $ (70,000) $ (57,505) $ (125,000) $ (102,866) $ (83,218) $ (67,000) Year 1 Net Year 2 Net $ (11,449) $ (4,571 ) $ 20,051 $ 26,939 I $ $ (903,527) $ 12,000 $ 500,000 $ (150,000) I $ 607,500 $ (1,000,000) $ I All or some portion of remaining unencumbered Project Fund Trolley 1. SE Route - 2 days/week Annual Cost Seasonal Cost 2. SE Route + Leisureville - 2 days/week Annual Cost Seasonal Cost 3. Both SE & SW Routes - 2 days/week Annual Cost Seasonal Cost 4. SE Route 2 days +SW 1 day Annual Cost Seasonal Cost Fare Collection Savinas North Route Only 50 Cent Fare (4% in Year 2) $1.00 Fare (10% in Year 2) 1211 E. Ocean 1. Land Bank 2. Renovate/Addition 3. Lease as Residential 4. Sell 5. Create Public Sculpture Garden IOcean Breeze 1. Sell East Side 2. Site Plan & Development - West/East Side 3. Land Bank I Land Acquisition 1. Opportunity Buys Adjacent to Complete Assemblages: * Sara Sims Park Expansion * MLK Corridor * 4th/5th Street I Downtown Public Market 1. Planning, Grant Consultant, Infrastructure Ivvpp 16 Passenger Van I $ (250,000) 1$ (25,000) 1$ (75,000) 1$ (100,000) I Commercial Assistance Program ICommunity Caring Center - Building Purchase 't"'" ~ ~ CD ~ - o e c .= I- 0 }n ~ -- ~ 0 ,-+-J_ ..... CO (5 N f6c~~ CD CD C-- IV'\ en co en LJ.J CD E ~ C !.... - :J Oa.~<( +-J .... C if) ~ ~ o (5 CO ~ . - - . BOYNTON BEACH CRA TROLLEY SOUTH ROUTE ANALYSIS Green Line: · Route: - Bethesda Memorial Hospital - Colonial Club & Sterling Village - Marina & Boynton Town Center - then onto - Boynton Shopping District (Malll Wal-Mart ITarget ) · Riders: 40 riders/day, * 5 days= 200 riders/ week Red Line: · Route: - Bethesda Memorial Hospital thru - BB Leisureville & PB Leisureville - Boynton Shopping District (Malll Wal-Mart IT arget ) · Riders: 20 riders/day, * 5 days= 100 riders/week * Green Line has twice the riders as Red Line 2 . - - . BOYNTON BEACH CRA TROLLEY SOUTH CAPACITY ANALYSIS Red Line: · Red Line Riders don't ride because can't get to clubhouse- need picked up at their home (Shopper Hopper Candidates) · A small group of 5 "vocal riders" from Boynton Beach Leisureville really wish to go EAST to the Publix at Sunshine Square. We don't have enough south route riders to run every day, but from a CAPACITY standpoint- Can we run the trolley only one day a week? · Green Line- NO. Would need to offer it 2 days a week. · Red Line- YES. In Analysis, Defined Seasonal= Oct 1- May 30 (8 months) 3 . - -- - BOYNTON BEACH CRA T~OLL!Y SOUTH ROUTE - 4 options · Qption 1: Onlv Green (SEl. Description: Just Green Line. 1 trolley 2 days/ week- (busiest South Line) 1 Year Cost: $56,335 Seasonal cost: $45,268 · Qption 2: Onlv Green (SEl + BB Leisureville Description: Green Line + BB L-ville (Vocal fans) 1 trolley 2 days/ week 1 Year Cost: Est $70,000 Seasonal cost: Est $57,505 Will make Vocal fans (BB l-ville) happy but NOT AVAilABLE to other Red liners · Qption 3: Both Red (SW} & Green (SEl Description: One Long Route (2 trolleys, East to West 2 days/week). Will make Vocal fans (BB l-ville) happy but (Sterlingl Colonial) very unhappy 1 Year Cost: Est $125,000 Seasonal cost: Est $102,866 · Qption 4: Both Red (SWl & Green (SEl. Description: 1 trolley Green Line- 2 Days/Week & Red Line- 1 DaylWeek More fair to Red Line but vocal fans BB L-ville will be unhappy 1 Year Cost: Est $83,218 Seasonal cost: Est $67,000 4 . - - . NORTH ROUTE Jan 2009 - Daily Riders (Avg Weekday= 437 riders) BOYNTON BEACH CRA TROLLEY - - Sunday Monday Tuesday Wednesday Thursday Friday Saturday * 1 2 3 0 456 343 4 5 6 7 8 9 10 475 425 440 536 473 330 11 12 13 14 15 16 17 501 447 440 451 482 380 18 MLK DAYI ** 19 20 21 22 23 24 310 410 419 527 436 328 25 26 27 28 29 30 31 498 465 489 501 419 302 Monday Tuesday Wednesday Thursday Friday Saturday AVERAGE: 446 436 447 403 453 337 5 ~ 1,.OLLf.'C - -.... - NORTH ROUTE.. saturday Versus other daYs of the Week saturday- Riders;. -: l\\Jg, 340 Riders per saturda)' . We transport More R\ders on weeKda)'S Monda)'- fr\da)' (I\bout 425 Riders per oa)'), HOWEVER . We operate Less Hours on saturda)' (on\)' 9:3~am- 5'45pm) \Jersus 7:"\5-6',3pm M-f, SO we actua )' h'a\Je s\\ght\)' h\gher % R\OERSH\P on saturda)' saturday- ca~aci~ -; O~ our "\ "\ lr\Ps to the Ma\\ on saturda)'S- ha\~ the t\rne- we are 950/0 ~u\\ . l\\Jeragg capadW- 570/0 \22 tota\ tf\?S to Ma\\ & sac\<.) _ 6 . .. - . BOYNTON BEACH CRA TROLLEY Trolley Cost Variables 3 Major Trolley Cost Variables: 1) Eliminate Saturday Service on the North Route - Technically Less Riders on Saturday. However, Saturday has highest riders/ hour. Less Saturday Riders due to Less Operating Hours. (Saturday Hrs: 9:30-5:45) 2) Charge for the Trolley Ride (On Both Routes) - Issue is Upfront Costs and Costs of Collection - General thought is for small routes (like only 2 vehicles) the cost /effort of collection not worth the money received. 3) Offer South Route a few days a week (4 Options) 7 . ~ .- . BOYNTON BEACH CRA TROLLEY . . Matrix of Cost Options "The Bottom Line" I. 6 days a week YEAR 1 Fare: No (Oct 09-Sept 10) $492,380 $505,649 $476,212 50~ $1 Adding Back South Route- Matrix of Estimated Costs Just SE (Green Line) ONL Y 2 Days/Week Green Line + SS L- Ville - 2 Days/Week One Long Route- 2 trolleys, 2 Days/Week SE- 2 Days/Week & SW- 1 Day/Week Option 1 Option 2 Option 3 Option 4 Annual Season Annual Season Annual Season Annual Season $56,335 $45,268 $70,000 $57,505 $125,000 $102,866 $83,218 $66,974 $548,715 $537,648 $562,380 $573,592 $560,809 $587,002 $539,055 $527,292 $552,210 $549,885 $572,842 $539,121 IF ELIMINA TE SA TURDA YS ON THE NORTH ROUTE* $617,380 $595,246 $648,207 $624,867 $611,120 $589,310 $575,598 $559,354 $602,029 $583,211 $564,942 $547,654 II. 5 days a week Option 1 Option 2 Option 3 Option 4 No $425,040 $481,375 $470,308 $495,040 $482,545 $550,040 $527,906 $508,258 $492,014 50~ $436,375 $504,318 $491,535 $517,728 $503,568 $578,933 $555,593 $532,755 $513,937 $1 $410,971 $473,814 $462,051 $486,969 $473,880 $545,879 $524,069 $499,700 $482,413 * Please Note: For 50~ & $1, values represent NET costs, meaning Trolley Costs+ Costs of Collection - ESTIMA TED Fare Revenue 8 ~~~t{Y~T2~ C ill East Side-West Side-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 property 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 monthly payment of approximately $5,3959 b. Finance $600,000 to get a payment that is close to the current rent payment of$3,300. 3. Lease out as a residential property. The estimated monthly net rent would be approximately $1,200 per month or $14,400 annually 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 Arts Program could also be run out of the building. If the unused City easements are abandoned (as originally proposed), the total amount ofland is .40 acres. Approximately 30 pads can be installed throughout the grounds to display art pieces. Additionally, once the grounds are improved the property 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 garde'n By Andrea Woodhouse Staff Writer Posted: 07/0112009 08:15:17 AM PDT Isitars to the Manhattan Beach ciVic center plaza will get to see a completed sculpture arden after seven new pieces of art were installed Monday. Artist Amos Robinson h~lps city nrlrQ.r~ lnd:;all hie; MY RH<'F= 1t cr'llntlll'll:l> (Qnt"u..rt r"c::iII,.c/C::t"ff Phntnnr,.,.,hiPrl 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. " http://www.dailybreeze.com/news/ci_12717030 Print Powered By {!'i 1 f"on::natDY.l2cp1ic~J 7/27/2009 Manhattan Beach installs public sculpture garden - The Daily Breeze . Page 2 of2 "It shows off a lot of reflection, and it should just dance there on the plaza," the San Diego- based artist said. "I think it's going to be fantastic. " Once his piece 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 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! - - r -, - 'f"'(/ l t j <~:f2~!. (\ '~ I,,' ,'.1 t, I ';" Ii I [I "''\' U ;. . 'J) _""":',,-' - UJ\l VEH.srrY of' SAN FRA1~CISC() Earn Your Master Certificate in Internet Marketing ~ SEO & Paid Search -+ Internet Law -7 Online Branding -+ Media Buying ~ 11-800-268-9943 -+ Web Analytics -+ Social Media ~ USanFranOnline.com/FD http://www.dailybreeze.com/news/ci_12717030 Print Powered By (C'rjIFonnatDynamics") 7/27/2009 Annmarie Garden - A Public Sculpture Park in Southern Maryland Page 1 of 1 S In Association with the Smithsonian Institution ,~ Annmarie Garden , sadptl.,tnypadv1r ArtJ<CenRw About Us Arts Building 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 Daily Activities Exhibits Scavenger Hunts Toddler Tour Summer Public Art Project: Nesting Shop ~~~ ;~ :" ~ "\.J ,I"" .~/ > i f-"7...' a School o -..~ ;--' -- .- "0, . :::J' , '" +-' V) Studio School Art & Nature Special Events Get Involved \NILe' "~INGS ~'...., \ >' they~re tler-e...~ JIJNE I - L\IJ(WSI' 30 J)01\TNI.OAJ) A SAI?AIU IJASSIJOlrl' ;r --' etHarvey e~ .- .. c.o~ ~ , ~ \ \~ ~., /;..;.: -. " . , Rental -+-' ~. .' c: ~, ~ !, .~~ .4_1 LJJ I-~ 'j "j -l About Annmarie Garden Annmarie Garden is a thirty acre sculpture park and arts center located In scenic Solomons, ~1aryland. Enjoy an exquisite collection of outdoor sculpture, much of it on loan from the Smithsonian Institution, The new Arts Building features rotating exhibits, a gift shop, and cafe. With a busy calendar of programs, spedal events, and art dasses, residents and tourists will enjoy exploring this exceptional park. Home. Contact Us . Site Map' Join Us PO Box 99,13480 Dowell Road. Dowell, MD 20629 - t. 410,326,4640 @ Copyright 2007 Koenig Private Foundation, Inc, All Rights Reserved. http://www .annmariegarden.org/ 7/27/2009 Vermont Arts Council I Public Art I Sculpture Garden You Are Here: About . SCulpture G.rden ~R~S _~UNCIL Home Grants ABOUT Us 'AboutVAC . Contribute! , Staff . Board . Spotlight Gallery . Sculpture Garden , Annual Awards . Press Room . Blogs & Videos . Emall Us ~ a creative sta:/ TEXT SIZE: +A -A a - SHRRE' -;'7;2 ~ = 6 fii11) Page 1 of3 . I Surch i ~~..~ &aI~ Education --:"~ Resources Programs/Initiatives http://www. vermontartscouncil.org/ About/SculptureGarden/tabid/88/Default.aspx Working to advance and preserve the arts at the center a/Vennont communities, & ~.. '" ' ~ ) \ About Y!~L~b oY~~ SCULPTURE GARDEN: 2007-2009 EXHIBIT The Vermont Arts Council and the Vermont Department of Buildings and General Services invite the public to visit the current exhibit of outdoor sculpture In the Coundl's Sculpture Garden. The garden Is located at the Council offices at 134-136 State Street In Montpelier, next door to the Capitol Region Visitors Center. ThiS year's exhibit features work by artists who have previously exhibited in Woodstock, VT's Sculpture Fest, Including Anne Dean, Herb Ferris, Joe Hallowell, Barbara Kaufman, Lindsey Molyneux, Pat Musick, and Kevin Wiberg. The Sculpture Garden Is a public/private collaboration that features rotating two year exhibits of contemporary sculpture created by Vermont artists. Designed In 2002 by Burlington landscape architects H, Keith Wagner and Associates, It offers a place to picnic or Just for quiet reflection in Montpelier's downtown, and is fully accessible. III ..~-- n_.1 Th. ,"".,,,, ",'ow. """' &"""... '"".. " U"..~ ""'" om. ,,~"' : Arts Coundl and painter Charlet Davenport, a former Coundl board member and : _' ....... annual organizer of ScultpureFest. .-- j-". ". , Special thanks to State Buildings Curator David SchUtz, and his assistant Tracy 1, Martin, for their ongoing dedication to bringing art Into the downtown Capitol complex. HERB FERRIS Artists In the current exhibit are featured below. Click here to view past exhIbits, PAT MUSICK Herb Ferris: "Hanging Stone", pictured at left, features a piece of wood and river stone. The wood in this piece Is wood laminate in the shape of a pod forming ribs, with the rlverstones hanging as a pendant In the middle, Herb works In wood, steel and stone, and his work has been used In private and publiC gardens. His sculptures fall roughly Into three groups: Intimate space pieces In stone and wood, large pieces that reflect and Invoke the landscape features of mountains and bodies of water and smaller pieces In stone as fountains or still water basins. The wood has been treated with a variety of preservatives Including boron Implants. The pieces are Joined with pins and epoxies, Many of the stone pieces are made with schist and beach granite. Pat Musick: "Lumina ria" and "The Path" "luminaria", pictured at left, Is a large cast bronze sculpture about 8 feet tall, It mimics a driftwood look. Pat Is new to Vermont, previously from Arkansas. Her work Is shown all over the country In permanent and temporary Instanations, "The Path", pictured at rIght, features a series of three low metal tables that are oriented to the ground, with a circular pile of pebbles In the center of each table, Says Pat, "My art Is a reflection of the tensions that exist between mankind and the natural environment. It addresses the havoc that we have done to the natural world andthe devastation that the natural world has wreaked upon mankind, I search for ways to create harmony and reconciliation of this situation both In the media and the content, Stone and wood speak for the physical world while rusted steel addresses human abuse of the 7/27/2009 Vermont Arts Council I Public Art I Sculpture Garden Page 2 of3 environment. Through my work these conditions come together In a conversation of peace and spiritual quiet creating a reconciliation. In today's worid so many o( us cry out (or such a healing," BARBARA KAUFMAN Kau(man's "basic training" In art came from Harry Wickey [Skidmore College] who taught her first to sketch and then to sculpt (he himself went on to become curator of the reknowned Storm King Art Museum). "Column", pictured at right, Is a beautiful organic pillar with varied texture and color that Is enhanced by Its natural surrounding. A resident of Woodstock, Barbara Is a ceramic artist that has work In collections across the nation and whose career has spanned decades. Her large outdoor ceramic sculpture withstands the winter weather well, Currently her art has referenced the female form with allusions to various cultures and at times more natural forms. In her studio In Woodstock, Vt" Barbara Stroock Kaufman '40 Is ever busy making art, !t's her source of energy, she says; "I Just fall apart If I'm not doing It." Her sculptures-many of which "live" In gardens or function as fountains or bird baths-are so popular that Kaufman sometimes has trouble collecting enough of them (or an exhibit. Commissioned works have appeared In gallery shows throughout New England and Canada and have traveled coast to coast; her sculptures have also been on view at the Clndnnatl and Philadelphia Museums o( Art. Source: Skidmore College webslte LINDSEY MOLYNEUX "Arab", pictured at left, Is a driftwood piece created by Lindsey Molyneux. Lindsey Is an artist from South Royalton, who has transformed her love of horses Into an elegant body of work, She works using found driftwood to create representational works depicting horses. Lindsey's passion for both art and horses was evident from childhood, (rom her eariy sketches In the gravel driveway to the life-size mare that appeared painted on her bedroom wall one day, Be(ore Lindsey had her first pony, she actually built Jumps In the yard and ran over the courses herself. She embarked on a lI(elong Journey of creativity and Invention that has produced sculpture as unique and amazing as she Is, Lindsey currently lives and works on a (arm In South Royalton, Vermont, collecting many of her supplies during mid-summer raft rides down the White River, ~ VERMONT KEVIN WIBERG II "Interloper" , pictured at left, consists of two saplings painted black and white with ceramic birds perched on the branches. His works Is ephemeral and stunning In a natural context. ~ ' ~ . Kevin Is a resident of Huntington and works with found natural materials and ceramics, ~' JOE HALLOWELL Says Joe, "My art Is characterized by the dual themes of transformation and reality. I deal with realistically portrayed natural subjects that dwell In the realm o( the unexamlned.... "Eating Crow", pIctured at right, Is an aluminum and steel sculpture of a large fork with a black crow perched upon the tines. !t Is a humorous and striking representation of the familiar phrase, Joe Is a native of Oanvllle whose work ranges from whimsical to contemplative. Art Is a means by which people can view the familiar, examine It, and gain new perspective.. ANNE DEAN http://www. vermontartscouncil.org/ About/SculptureGarden/tabid/88/Default.aspx 7/27/2009 Vermont Arts Council I Public Art I Sculpture Garden Page 3 of3 - '.~/.':3""1 ;::>>:. .- ) "Bench., pictured at left, Is an elegant white marble bench with smooth lines of detail. Anne has been working In stone and metal for the last few years and has recently become President of the Board of the Carving Studio and Scultpture Center In West Rutland WILLARD BOEPPLE "The Goldstone Memorial", pictured at left, was created In 2001 by Willard Boepple of North Bennington. It was created In honor of Boepple's frlend James Goldstone. Goldstone was a resident of Shafts bury, a director &. prOducer of film on large sliver &. small television screens, a co.founder &. chair of the VT Film Commission & a trustee of the VT Arts Coundl. He died of cancer In the fall of 1999. The Goldstone Memorlal is the only permanent work in the Sculpture Garden. -I am an abstract sculptor &. I want my sculpture to speak in a language of Its own Invention, create a reality of its own terms, A good sculpture gives us a glimpse of the world through a fresh eye. That being said, the Goldstone sculpture "FOR JIM" came to life In my mlnd's eye the way that Jim moved. I trled to get into the sculpture a sense of his gentle, lanky grace - the way he walked or stood holding a glass. Rememberlng Jim, that Is what I saw & what 1 miss seeing today.' ~..~. .' ~, Accessibility Policy Users with Special Needs Prlvacy Policy Equal Opportunity Is the Law. A Vermont Government Webslte. Vermont Arts Council I 136 State Street I Montpelier, VT 05633-6001 I 802.828.3291 I TTY: 711 I Email Us @2008 State of Vermont, All rlghts reserved, Admin http://www . vermontartscouncil.org/ AboutlSculptureGarden/tabid/88/Default.aspx 7/27/2009 ..~.lIii[iJillI . OUTSIDE: 1. Jerry Daniel, Sanger Dancm MM concrete, steel Z. John Brough Miller, Argyle Dolphin Rhythm steel II ' 3. Jim Cinquemani, Dallas Arbor steel 4. Alice Bateman, Fort Worth Satltmia - La Rocca black Italian marble, steel ...', ,:, 5. David Hickman, Dallas Prairi( Falls bronze, marble, copper 6. Eliseo Garcia, Farmers Branch Mat(rna/ Caress Cordova limestone 1. Paul Kittelson, Houston Stapl(s stainless steel 8. Michelle O'Michael, Houston La Muj(r Roja steel, paint 9. Sherry . Owens, Dallas Coming Out of th( Cirel( steel 10. Mac Whitney, Ovilla Blanco #17 steel, paint 11. T. Paul Hernandez, Austin . . ,ReinCarnatiOn of Farmer Brru//ry concrete, steel, paint 12. Art Shirer, Dallas Th( WlZ steel, paint 13. David Graeve, Houston Windows t .,... ~, I 36/Iris glass, aluminum 14. Joe Barrington, Throckmorton 4 Ravms N(v(Tmo~! steel, paint 15. Damian Priour, Austin 7(mpl( _ fossiliferous limestone, glass, steel 16. David lies, Bolivar HOP Rabbits bronze n. David McCullough, Dallas Clllanta: C(ltic Spirit .. . " Catch(r acrylic, F6 cement, foam, wire 18. Edward Lee Hendricks, Houston 2004-IX 2004-X steel, gold leaf 19. Zad Roumaya, Mi" . . '" Dallas 1im~ Managmzmt steel, paint 10. Tim Glover, Houston Six Piect Gardm stainless steel, aluminum .. _. TEXAS SCULPTURE GARDEN AT . Now offid.lyOP'" ~ ~ P.~,.:. .:q., ~tt":' f~.~ C E PAR K 40 works of art and celebrates the talent of some of Texas' most ~ Ed - . ~ important artists. Visit each piece by strolling through the garden which winds around the lake just in front of 6801 Gaylord Parkway and continues inside the lobby area of the building. Outside garden open daily dawn ro dusk; inside open weekdays 9 to 5. GAYlORD PARKWAY 20 1~ 18 6 5 4 2 3 17 7( 8 (D \ J 6801 GAYLORD PARKWAY 16 15 1314 9 10,.... 11 J ( ( 12 '- #15. ( INSIDE) #20. ( OUTSIDE) INSIDE: 1. Jim Bowman, Dallas Bbl(bonnm blown glass, steel Z. Betsy Bass, Dallas and Tim Nentrup, Fort Worth Bird Window bronze, oak 3. Richard Neidhardt, Sherman Clock Rid(r bronze 4. Marla Ziegler, Dallas Office Party clay, glaze 5. James Sullivan, Dallas Figll~ Aloft straw, plaster, wood, steel 6. Jesus B. Moroles, Rockport Black Spirit black granite 1. Roger Colombik, Wimberley Ponry S(ri(S II stone, steel, paint 8. Frances Bagley, Dallas Th( First Cnlsad( cedar, pigment 9. Tom Orr, Dallas WVod Bmd 0- Black Bmd wood, glass, laminate 10. Polly Gessell, Dallas Art Confmnu glass 11. Heather Marcus, Texas and New York G~m Ray aluminum, paint 12. Michael Pavlovsky, Fort Worth hr;(v(ranu bronze 13. Karl Umlauf, Lorena Legmd series mixed media on cast paper 14. Arthur Koch, Dallas Ekmmts ofChang( series wood, cement, paint 15. James Surls, Texas and Colorado Th~( and Th~( and S(vm Flow(r pine, poplar, steel 16. Jerry Dodd, Commerce Balancing Act steel, paint n. Harry Geffen, Crowley Downside, Up bronze lB. Joe Havel, Houston Two Starrh(d Shirts bronze 19. Ken Linle, San Antonio Coast (Walking Coyou) bronze to. Isaac Smith, Dallas Panth{1' wood, paint, monofilament . ~ltil..RJ.. Thumbnail photos do not show entire image. Details are shown for sculpture identification only. 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East Side-West Side-Seaside Renaissance FY 09/10 Boynton Beach eRA Budget Workshop Downtown Public Market Due to the severe downtown in the real estate market, staff has been exploring various concepts to redevelop the downtown area. One of the concepts is a public market. The site formerly known as the Arches is a 4.6 acre site that is cleared and could serve as a location of a public market. The benefits of public markets are: . Renews downtowns and neighborhoods · Brings together diverse people · Creates Active Public Space · Provides Economic Opportunity · Promotes Public Health There are over 1,750 public markets throughout the US and the number is growing as demand for organic produce and products increases. The cost to implement the market will have to be further researched if the Board wants to pursue this project. Benefits of Markets I Project for Public Spaces (PPS) ::PPS PROJECT for PUBLIC SPACES Building Community Creating Places Using Commmon Sense Log In/Register PPS.or Home>> Public Markets >> Benefits of Markets Benefits of Markets PPS has long recognized the catalytic role that markets can play in community development. The number of farmers markets In the United States has increased dramatically from some 1,755 markets in 1994 to over 3,700 in 2004. Over three million consumers shop ~t these markets, where an estimated 30,000 small farmers and food entrepreneurs earn a partial or full living selling their local products. USDA has projected roughly $1 billion in consumer spending in urban, suburban and rural communities farmers markets. PPS' Public Markets Program alms to foster innovation and new models for public markets that are economically sustainable while maximizing their benefits on their communities, and contributing to the creation of public places that attract a broad diversity of people. t'!st~!Y & Context of Markets http://www. pps.org/markets/info/markets -program Page 1 of7 8/4/2009 Benefits of Markets I Project for Public Spaces (PPS) The once thriving tradition of public markets In the United States can be seen in all too few cities today. Most markets closed, were torn down or converted Into other uses and It Is Important to understand what has worked and has not worked with recent public market programs as we Investigate future opportunities and challenges. PPS's market program also studies the experiences of other markets and their Impact on places. These markets - I.e., Pike Place In Seattle, Reading Terminal In Philadelphia, and North Market in Columbus - show the tremendous opportunity for public markets in today's world of shopping malls and retail chains. These markets also show that with careful planning and Investment, along with effective management, public markets can again become centers of sustainable local economies and community life. The future of the public markets rely on the places In which they are found. Truly successful public markets become catalysts and centers of entire districts where a variety of places to shop, stroll and be entertained are found. The area becomes a place where people want to live. Public markets create a critical mass of activity that enhances an entire area. Public markets are not contrived theme parks however, but real places. With the right plan, business mix, and management a public market can represent a real step forward for the enhancement of the local economy. What is a Market? Public Markets and Farmers Markets: . Have public goals . Operate In Public Spaces · Serve locally owned and operated businesses Many different types of markets exist In a wide range of locations. There are: -----.-- ------ http://www. pps.org/markets/info/markets -program Page 2 of7 8/4/2009 Benefits of Markets I Project for Public Spaces (PPS) 1. Open Air o Parks and other public spaces o Parking lots/Vacant sites o Street markets (with/without adjacent retail) 2. Covered Markets 3. Market Halls o Structures Built for Markets oRe-use/building conversions 4. Market Districts A Con~er9.ence ~f ~~scipl!!les : ~ ~~~t}~~i~ ..~;,;:'r;; " .' . ':' ".,~{t, f...., i:.W'abfilt<>, ti;t // - ~_. . ~~-J".J"'i',)~--"""" '. ,"'<'..,."., ~~. . .~f.:,. _~, ;~j';tiriC'~.'Ti~,.,f\. "sporta.'~1i~~ ;, ~:"A"':.t.;.,.,. '...; _ !'.!.~o~ __ ___ ___ __ __ Markets can help lead to a convergence of movements and disciplines, bringing a wide range of community stakeholders together. By Impacting health, open space, and local economy, markets can help demonstrate how collaboration between community agencies that typically work separately can lead to wide reaching beneficial results. Markets & Communities: A New ~aradigm______ ___ _____.___ ________, Welcome Project for Public Spaces (PPS) is a nonprofit organization dedicated to creating and sustaining public places that build communities. About PPS Who We Are What We Do Our Project Experience Jobs 8< Internships Contact Us 700 Broadway, 4th Floor (at 4th Street) New York, NY 10003 P: (212) 620-5660 F: (212) 620-3821 E: Info@pps.org www.pps.org Get Involved FREE Making Places Newsletter Discussion Forums Donate to PPS Become a Member http://www.pps.org/markets/info/markets -program Page 3 of7 @ 2009 Project for Public Spaces, Inc. All Rights Reserved. I Privacy Polley 8/4/2009 Benefits of Markets I Project for Public Spaces (PPS) Page 4 of7 . -..... Ce_ ...... ..,....... .~...bu.- PUBLIC MARKETS & COMMUNITIES: A New Paradigm IlIISSlON . SGdoIln~ . u~.-a.y . ,-"d_ Community Goals .-- ................- . --roD> ) .~Cll)r"'1or1 . -.....- .~--...., ~ .; --'" --,u..FloIdI c...t1"11'" c..n... . -....;ft . ..... ......, .c............... ::PPS PROJECT for PUBLIC SPAnS Markets are microcosms of their communities. They contribute to job creation, the improvement of health Issues, and the creation of safe public spaces. The Public Markets and Communities paradigm illustrates that the overlap and Intersection between community development and market development goals results in Innovative new solutions and mutually beneficial partnerships. Collaboration creates more opportunities for markets and community agencies and businesses to not only better achieve their goals, but also to do research, policy work, communication development, and broader outreach. How Markets Benefit Communities - -- - [, - --- -- Brin~ TOl.ldher ~ Renew Downto~lL~ Di\'en;e People Cn:.atc Actin' & l"dghborhoods ;;;. ,~Id Public Sp;lCC ~ - .. .,~ .. ,~ ~ Sh;J~ Growth & Prm'idc F.cono mic ~IJnhul2t! Spr.l\\ I Opportunit)" ; ., PI"Omote Public Hfalth L = = -- -- - - In 2002, PPS, with support from the Ford Foundation, researched the ability of markets to impact opportunities for upward mobility and social integration (link to research PDF). PPS surveyed customers and vendors at 8 vastly different markets to assess their community and economic impacts. Six of the most prominent Impacts were that markets: bring together diverse people; create active public space; shape growth and minimize sprawl; promote public health; provide economic opportunity; and renew downtowns and neighborhoods. http://www. pps.org/markets/info/markets -program 8/4/2009 Benefits of Markets I Project for Public Spaces (PPS) Page 5 of7 1. Renews Downtowns and Neighborhoods o Act as an anchor for local businesses o Encourage spin-off development o Enhance real estate value & tax base o Keep dollars In the neighborhood 2. Brings Together Diverse People o Create places for people to gather o Enable mixing of diverse ethnic, cultural, & age groups o Encourage sense of pride & volunteerism 3. Creates Active Public Space . -.....;...... '1 . .. ... ..' ....-.. , I 1 I ", , ~ -1-" ',': , -'~jJ-:;t!I.# ....::.- -' l :li.i' , -~. 'It .' \ ~.. I.. I !a. I ' ,. .... j i' .rt r~.. ~ ,~~.-;~....l',. ~ 1 ...,__ -"... ~.. ',j'''~ \ ; , ~":"1 ~--. j." . ~!"""' \ , ....1 I "I o Bring new life to underused spaces o Reduce actual crime-and perceived security- by bringing people together o Create engaging walking environment 4. Provide Economic Opportunity http://www. pps.org/markets/info/markets -'program 8/4/2009 --- Benefits of Markets I Project for Public Spaces (PPS) Page 6 of7 ,.... .~' . '). , t: '-#~'L~ , i~i~ ~- JL .~~:-t . rq..- '-+ Ii! t;\' t:~...,._._. I? - \"~"" " ~' ~... i. r o Low start-up cost o Small business incubation o First step for new immigrants o Opportunity for surrounding businesses 5. Shape Growth and Minimize Sprawl o Support compact, walkable communities o Help preserve open space and family farms 6. Promote Public Health Increase access to fresh, affordable food Reduce isolation and depression . - . Support community garden and urban agriculture projects Benefits of Markets to Communities Based on customer surveys, 2002 As part of the 2002 Ford Foundation supported research, PPS surveyed customers to learn the greatest benefit of markets to http://www. pps.org/markets/info/markets -program 8/4/2009 Public Markets HOME GENERAL INFORMA TION MARKET DIRECTORY FRESH THIS WEEK VENDOR INFORMA TION SOULARD HISTORY SOU LARD NEIGHBORHOOD General Sou lard Neighborhood Vendor's Website Sou lard Restoration Group (sRG) Mardi Gras, Inc. [g[I]~] Page 1 of2 Public Markets, with their locally grown, locally made and locally owned businesses, accentuate the qualities that make a community special. They create dynamic places, stimulate economic opportunity and instill community spirit and cultural exchange. Public Markets provide needed goods and services such as farm fresh fruits and vegetables, ethic foods, crafts and personal services that are often unavailable at the same level of quality, variety and price. Public Goals of Public Markets: . attracting customers to urban areas . supporting affordable retailing opportunities for small businesses . addressing the problems of street vending . providing opportunities to farmers thereby preserving farmland . activating the use of public space . providing quality produce to urban customers where supermarkets are unavailable or limited Within the u.S. and abroad, public markets have long shown themselves to be effective tools in efforts to revitalize urban communities. Economically, Public Markets provide things that budding entrepreneurs cannot create themselves: . viable locations in which to sell their products or services . shared marketing and promotional programs http://stlouis.missouri.org/citygov/soulardmarketffacts.html 8/4/2009 Benefits of Markets I Project for Public Spaces (PPS) Page 70f7 communities. Over 26% of people believed the greatest benefit to be that markets "bring people together." The other responses show that customers perceive markets as places to buy healthy affordable food and as places that contribute to their communities, economically or socially. Support Great Places - Become a PPS Member Email this page http://www.pps.org/markets/info/markets yrogram 8/4/2009 Public Markets Page 2 of2 . customers attracted to the total market experience . economic opportunity regardless of an individual's existing resources Throughout the world, public markets are the main source of food distribution. Europe boasts about 80,000 markets. Barcelona, Spain, with a population of more than two million, distributes 81 percent of its food through public markets. In Italy, it is 55 percent. The basic form and function of Public Markets retain a striking continuity across both time and place. Markets provide a common ground to mix, mingle, and enjoy the pleasures of socializing, people watching, and shopping in a special environment. [t]~ @ City of st. Louis Terms of Use Privacy Accessibility More Info City of St. Louis Navigation Government Neighborhoods Housing Development Resources & Links History & Heritage Arts & Entertainment About CIN Search Finding Information Email Web Site Survey http://stlouis.missouri.orgl citygov/soulardmarket/facts.html 8/4/2009 Q( CITY OF BOYNTON BEACH YOUTH VIOLENCE PREVENTION PROGRAM 225 NW 12TH AVENUE BOYNTON BEACH FL. 33425 56 1-742-6643 7/31/2009 Dear CRA: Thank you for your consideration in the purchase of a van for the Youth Empowerment Center. The Boynton Beach Youth Empowerment Center has been in operation since February 11, 2008. Our Center serves over 146 youth per month. Our center has many opportunities to provide our youth with social, arts, community service and other types of outings at little or no charge to the program. However, we are unable to take advantage of the opportunities because we do not have our own transportation. The lack of transportation also causes our youth not participate in other activities throughout the County with other Youth Empowerment Centers. The Center would like to be able to plan outings such as trips to the City Commission and County Commission meetings as well as library trips but we would need multiple cars or we would need to schedule events well in advance in order to reserve other transportation. This obviously causes us to miss valuable opportunities for growth with our youth. Boynton Beach Youth Empowerment Center would like to take our program to the next level of service to our youth so our need for transportation will continue to grow. The more youth we need to transport represents more youth off the street. Once again thank you for your consideration in this matter. Stacey Robinson, Director BBYEC To: Fax#: From: "\~\~ FAX TRANSMISSION ',r7 M~ARS MOTOR LEASING A DIV'l$,iO,N Of THE BANCORP BANK '3905 EI Rey Road Orlando. FI. 32808 407-253-4459 Fax: 407.578-4924 Email jpontius@mearsleasing.com Martha YMCA Date: 7--29-09 561 392-6021 Pages: 1) including this sheet. Jeff Pontius Senior Account Executive Subje~t: Bus Value: As to an estimated value of the 2005 Ford 20 passenger bus with 18500 miles The info I'm getting is about $25!OOO.OO '..., I hope this will help. ~~~ctY~T2~ C . East Side-West Side-Seaside Renaissance FY 09/10 Boynton Beach CRA Budget Workshop Project/Program Options Commercial Assistance Program The Board may want to consider implementing an economic development program that will assist with business expansion and recruitment in the downtown area. Locally, the Delray CRA has run their "Business Development Assistance Program which provides rent subsidy for up to 18 months for new businesses. The Delray Beach CRA reports excellent success with their program and plans to continue to fund it and also to increase the amount of funding. Another example of the value of this program to economic development is in Cape Coral where the CRA is using lease assistance for vacant space in downtown Cape Coral (see article). The CRA suffers from an image of slum and blight (hence the CRA designation) and therefore is at a locational disadvantage. Providing new and expanding businesses with additional operating funds during the critical start-up period can help to secure their future success. The CRA currently has over 100,000 sq. ft. of empty retail space. Filling that space in tough economic times will take longer ifno incentives are offered to prospective tenants. The Board may also wish to target certain types of businesses that would add positively to the mix of current businesses and would further the implementation of the Downtown Master Plan. Elements of the program could include: 1. 12 - 24 month term 2. Example of Eligible Businesses: a. Restaurants b. Bars/Taverns c. Retail such as clothing, art, marine related, gift shops, etc. Example of Ineligible Businesses: a. Non-profits (unless operating a retail establishment) b. Automotive Sales and Service c. Industrial Uses d. Construction Trailers/Sales Offices 3. Rent subsidy of up to 1/3 of annual rent in the first 18 months of the lease for new businesses, businesses new to the CRA district and existing businesses expanding their square footage. 4. Concentration on Ocean Avenue, Federal Highway between 6th Avenue North and SE 18th Avenue and Boynton Beach Blvd. from 1-95 to Federal Highway. 5. Desired Outcomes: a. Job CreationlRetention b. Reduction in Commercial Vacancy Rate for the District c. Contribution to the implementation of the Downtown Master Plan www.news-press.comIPrinter-friendly article page Page I of2 ~'''.'~) -".JI'~-'[V-r:.) t-~'l-'R~v:.i-:r f;:.to-~"'-\ , ~ 1"'\ II r ..... n: l. ')... ... I { I I : ...........,. i.;;::..... ....\" u : ",IJl ".; LL__)= 1" - ',~.t"X) J~ Inn_; :-' I~j(l (<:l^;J.]P'-4;.li1li:r..w iI...,~Ii~~ !~.1~1 July 27, 2009 Cape Coral CRA to lure business downtown Lease assistance may be offered By DENES HUSTY III dhusty@news-press.com An initiative is under way to lure more businesses into leasing vacant space in downtown Cape Coral. The effort, which includes lease assistance, is being drafted by the Community Redevelopment Agency staff with the assistance of the city's Economic Development Office and the Small Business Development Center at Florida Gulf Coast University. The plan should be ready to present to the CRA's board for approval in a month, said John Jacobsen, executive director. Vacant retail space dots the downtown area, and the goal is to attract new small businesses and existing businesses to relocate, Jacobsen said. As an incentive to relocate within the CRA area, the agency would offer lease assistance of up to one third of the monthly rate, with a cap of $500 if they sign multi-year leases, Jacobsen said. "We want to make sure we help the property owners fill their vacant space, We want to make sure we have a good tenant mix so that the new businesses will compliment existing businesses," Jacobsen said, The idea is to "put more feet on the street with businesses that attract people to come to the downtown area to shop at stores and dine in restaurants," Jacobsen said. The CRA is focusing on bringing more retail businesses, instead of doctors, lawyers, accountants and other professionals, into the downtown area. He said a list of the types of businesses the CRA wants to attract - art galleries, bookstores and restaurants, for example - is being drafted. "We're all in favor of economic development and attracting new business to fill up our vacant space," said Jason P. Tramonte, chairman of the CRA board, about the proposed plan, Some in the real estate industry also believe the lease incentives will help attract new tenants. "I think it's a great idea, Lease assistance in the CRA would go a long way to help out," said Gary Tasman, executive director of Commercial Property Southwest Florida, a Cushman & Wakefield Alliance. He is trying to find clients to lease space vacated by Publix and adjacent stores on Cape Coral Parkway. Overall, there is between 1 million and 2 million square feet of retail space in the CRA district, and 20 to 30 percent is vacant, Tasman said. Space of 1,500 square feet to 3,200 square feet would lease for about $1,800 to $3,700 a month, he said. Having a retail space vacancy rate of 20 percent or so is, in some ways, a plus in trying to attract businesses to fill that space, said Audie Lewis, business recruitment specialist with the Economic Development Office. "For a city looking to grow, we can tell them that they don't have to wait for something to be built http://www.news-press.comlapps/pbcs.dll/article? AID=/20090727 /NEWS 0 101 190727048&ternplate=pri... 07/31/2009 www.news-press.comIPrinter-friendly article page Page 2 of2 because there's existing space available and they can move right in," Lewis said, Prospective businesses, Jacobsen said, will be screened by the Small Business Development Center to make sure they don't move in and then close their doors in a few months. "We want to make sure the businesses are viable. Small-business owners sometimes need a lot of help. They may be good at what they do in their particular field, but they may need help with information on marketing and bookkeeping," Jacobsen said, The Small Business Development Center offers seminars and counseling in how to better manage shops and restaurants and make them profitable, said Dan Regelski, executive director. He said that tips are also helpful for small-business owners to apply for loans with local banks. "It's our job to help people start businesses and grow their businesses, looking at marketing, pricing and advertising strategies," Regelski said. The center, he said, wants to help the CRA in getting "businesses that will prosper to move into the downtown area and help our economy." Additional Facts For more information . Call Judy Pultro, certified business analyst for the Cape Coral Office of the Small Business Development Center, at 573-2737 for more information regarding counseling and seminars for small businesses. The office is located at 1020 Cultural Park Blvd. across from City Hall. ,,..,.......,,~---,,...~.....""~,..,,...,.-""'~-"",...,........,,.--~...............................~..""~"".- http://www.news-press.com/apps/pbcs.dll/article? AID=/20090727 /NEWSO 1 01/90727048&template=pri... 07/31/2009 IffCRA OfLRAY BEACH PROGRAM GUIDELINES BUSINESS DEVELOPMENT ASSISTANCE PROGRAM COIIIIUMITY REDEVELOPMENT AGENCY PURPOSE The Business Development Assistance Program is designed to help facilitate the establishment of small businesses within the Downtown Development Authority District. The program allows the CRA to provide rental subsidies that are intended to assist start-up businesses during the critical first year of operation by reducing the cost of overhead expenses. HISTORY Originally established in FY 1994/95, the Business Development Assistance Program was available only to start-up businesses in the West Atlantic Redevelopment Area. At the time, the program was implemented in order to encourage job creation while reducing the number of vacant commercial properties on West Atlantic Avenue. In FY 2007/2008 the program was expanded to include the Pineapple Grove Arts District, which was also characterized by a surplus of commercial properties after several businesses closed and properties were redeveloped to provide additional commercial space for lease in the area. The program was expanded again in FY 2008/2009, making the eligibility area consistent with the current Downtown Development Authority District. The entire Central Business District is now within the eligibility area, as is a significant portion of the Federal Highway corridor and most of the Pineapple Grove Arts District. PROGRAM The Business Development Program provides rent subsidies of up to one-third of the business's monthly rent or $500 per month (whichever is less) for twelve (1 2) months anytime during the first 18 months of a multi-year lease. The maximum total subsidy per business is $6,000. Funding is budgeted on an annual basis and awarded on a first-come, first-served basis. All applications are subject to the approval of the CRA board. FUNDING LIMITS & ELIGIBILITY REQUIREMENTS Applicants must meet all of the following requirements in order to be eligible to receive assistance through the Business Development Assistance Program: 1. Business must be located within the Downtown Development Authority District. (Refer to attached map for current district boundaries.) 2. Existing Businesses are defined as being in operation for more than six months at the time of application. 3. New Business venture is defined as a company in operation for less than six months. 4. In order to qualify for funding under the Business Development Program the applicant must be one of the following: a. New business venture P:\Progroms\Business Development Program\Program Guidelines - 05.12.2009.doc b. Existing business relocating to Delray beach from another city c. Existing business opening an additional location 5. Business must be in operation for less than six months at time the application is approved. 6. Business must have an executed multi-year lease (2-year minimum) for the new location in the eligibility area. 7. Business must employ a minimum of two (2) full-time equivalent W-2 employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward the required job positions. 8. Business must be properly licensed and approved by the City of Delray Beach. 9. The following businesses will be considered automatically ineligible for assistance under the Business Development Program: a. Existing businesses relocating from one area of Delray Beach to the eligibility area b. Businesses with less than two full-time equivalent W-2 employees c. Businesses that do not report employees' wages d. Restaurants located within Clusters 4 and 6 of the downtown area e. Beach convenience shops located in Cluster 8 of the downtown area f. New businesses using a DBA that has been used by another business within the last 12 months. 10. Rental subsidies may be approved for one-third of the business's monthly rent, up to a maximum of $500Imonth. Subsidy payments will be paid in monthly installments for a maximum of twelve (12) consecutive months during the first 18 months of a business's operation. 11. The total subsidy amount will not exceed $6,000 per business. GRANT TERMS & CONDITIONS · Commercial lease must define the landlord-tenant relationship and at least specify the following: a. A description of the space being rented; b. Utilities included and not included; c. Rental rate and deposits required, along with terms of lease and methodology for rent increases; d. Responsibility for interior and exterior repairs and/or improvements; e. Insurance requirements; f. Abilities to terminate; and g. Consequences of default. · Rental subsidies will be paid on the behalf of businesses that are open for business and paying wages only. · Subsidies will not be paid during renovations or construction phases during which businesses are not in operation. P:\Progroms\Business Development Progrom\Progrom Guidelines. 05.12.2009.doc 2 · The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor, the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. · The CRA reserves the right to approve or deny Business Development Grant Program applications and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of CRA District. The receipt of past payments is not a guarantee of future subsidy payments. PROCEDURES FOR IMPLEMENTATION 1. Application Process - All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: a. Completed/executed application brochure b. Copy of executed multi-year commercial lease c. landlord SSN or EIN d. Business plan, including executive summary and three-year financial projections of revenues and expenses e. 3-year historical financials (for existing businesses only) f. List of jobs to be created and filled, including brief job descriptions and weekly schedule 2. Approval of Funding Request - Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board of Commissioners for approval. Staff will notify the applicant and landlord of approval, if granted. 3. Subsidy Payments - Subsidy payments will begin at the beginning of the first full month that the business is open for operations subsequent to CRA board approval. Payments will be mailed directly to the landlord monthly. A maximum of twelve (12) consecutive monthly payments may be made. 4. Site Visits - CRA staff will conduct a site visit before subsidy payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. 5. Reporting - By accepting the grant, the applicant agrees to comply with any reporting procedures deemed necessary by CRA staff to verify that the required job positions are properly fulfilled and maintained. Reporting may include, but is not limited to, payroll records, work schedules, and reporting forms. 6. Discontinuation of Payment - The receipt of past payments is not a guarantee of future payments. The CRA retains the right to discontinue payments at any time according to its sole and absolute discretion. P:\Programs\Business Development Program\Program Guidelines - OS.12.2009.doc 3 IfrCRA DElRAY BEACH COMMUNITY ftEDEVELOPlHNT AGENCY APPLlCA liON FORM BUSINESS DEVELOPMENT ASSISTANCE PROGRAM Applicant Name: Business Name: New Business Address: Mailing Address: Phone: Fax: Emai/: Federal 10#: Dates at New Location: Monthly Rent: Landlord Nome: landlord SSN/EIN: landlord's Moiling Address: Was this business previously located at another site: 0 Yes 0 No Dates: Previous Address: P:\Programs\Business Development Program\Program Guidelines - 05.12.2009.doc 4 I, the undersigned, being a principal of the business applying for assistance under the Business Development Assistance Program, certify that the business represented herein is a new business to the Downtown Development Authority District, and has been in business at its DDA District location for less than six months. I understand that A CRA staff person will visit my business on a monthly basis or as otherwise deemed appropriate to verify that staffing and operating requirements are being adhered to. I understand that this application is not a guarantee of assistance. Should my application be approved I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance is no longer benefiting the furtherance of the CRA District. I understand that if this application is incomplete, it will not be processed. Applicant's Signature Date Printed Name Title P:\Programs\Business Development Program\Program Guidelines - 05.12.2009.doc 5 RENT SUBSIDY PROGRAM Program Purpose: The Rent Subsidy Program is intended to provide financial assistance in the form of rent subsidies for new businesses locating in vacant storefronts anywhere in the City New London. Program Benefits: . One or two year benefit program . First year rent subsidy can be up to $5 per square foot. Second year subsidy can be up to $2 per square foot. (These figures are based upon an average rent of approximately $10 per square foot) . Monthly utility expense subsidy. In cases whereby the tenant pays for improvements to the rental space and the cost of those improvements are applied to the rent, i.e. pre-paid rent, the program will pay for monthly utility costs up to $300 per month for 18 months but no longer than the pre-paid rent allocation Designated Area and Location: Eligible businesses must locate within currently vacant commercial storefront space in the City. Eligible Businesses: Businesses eligible for this program must be 'for profit' businesses new to the area or zoning district. Businesses currently located in the area or district moving from one location to another location in the same area or district are not eligible. For example, an existing business moving across the street or down a couple of blocks to a different space would not be eligible. Selection Criteria: The Program is intended to target and recruit new businesses that provide a significant and unique enhancement to the area to which it is locating. Applicants for rental subsidies wi!1 be evaluated by the Office of Development & Planning (OD?) staff on the following criteria: . Degree to which the business provides an economic and added value public benefit to the location area and complements other businesses within the area . Qualifications and track records of business owners or managers . Potential for long-term viability . Acceptable evaluation of business plan . Acceptable demonstration of financial need . Hours of operation . Extent of customer base . Expressiveness of storefront window display . Investment of business owner . Jobs created . Availability of funds . Sector of market served . Square footage of retail space Rent Subsidy Program Info Page 2 of2 All applications for subsidies will be considered on a "needs" basis and the degree to which they meet the selection criteria. Funding for the program is limited and may not be available at the time of application. Conditions: . Minimum 3-year executed lease with acceptable market or below market monthly lease 'rate. . Payments will cease if tenant discontinues the business, moves the business, purchases the building, or fails to comply with any and all building, fire, health or zoning codes or regulations applicable to the business. . Landlord must be current in all municipally applied taxes, utility bills, or loans. Payments will cease if landlord fails to be paid to date for property taxes, water and sewer bills, or City sponsored loan programs. . Rent charged by the landlord for the new tenant cannot be higher than the previous rent charged unless more than one year has elapsed since the space was occupied and the landlord can demonstrate that the new rent is at market rent. . The Landlord can not be the Tenant/Applicant. Selection: The Office of Development & Planning staff will prepare their evaluation of the applicant based upon the selection criteria and forward their recommendation to the City Manager for a final evaluation and approvaL Rev 5"28"()9 FOR OFFICE USE ONLY Date received: Lease effective date: ORLEANS COUNTY DOWNTOWN COMMERCIAL RENT SUBSIDY PROGRAM APPLICATION FORM The Orleans County Downtown Commercial Rent Subsidy Program, which is funded by The Orleans County Local Development Corporation and administered by the Orleans County Chamber of Commerce, pays a portion of the rent for a one-year period on behalf of qualifying businesses that will occupy formerly vacant space in the downtown target areas of Albion, Holley, Lyndonville, and Medina. Note: Application must me made either prior to a lease being signed or within one month after the effective date of a lease The following general program guidelines apply: . The amount of rental assistance is computed at the annual rate of $2.00 per square foot to be paid in equal periodic (usually monthly) amounts, with the total rent subsidy not to exceed $3,000.00. · Payments are made on a reimbursement basis, with the assisted tenant required to submit documentation of the payment of rent for the period for which assistance is to be provided. . Payments will be made for no longer than one year and only if the tenant continues to operate an eligible commercial enterprise in the leased premises. · Applicants are required to provide a draft or executed copy of a lease for the commercial space to be occupied. . Approved applicants will be required to enter into a written agreement with the County that sets forth the terms and conditions of the rental assistance. Application Processing Rent Subsidy Program applications will generally be processed and presented to the Program Committee for action within thirty (30) calendar days of receipt of a complete application. Applicants will be promptly notified of the Committee's decision in writing. Applicants should answer all parts of the application completely and should direct questions to: Kelly Kiebala, Executive Director · Orleans County Chamber of Commerce 102 North Main Street, Suite 1 · Albion, NY 14411 email: kkiebala@orleanschamber.com phone: (585) 589-7727 fax: (585) 589-7326 Orleans County Page 1 of 5 Rent Subsidy Program SECTION 1. APPLICANT INFORMATION Applicant/Contact Name: Home Address: CITY STATE ZIP Home Phone: Email Address: Cell Phone: Mailing Address: CITY STATE ZIP Business Name: Business Address: CITY STATE ZIP Business Phone: Business Fax: Nature of Business (please provide a detailed description of the business and indicate if it is new or existing): Ownership (Shareholders / Partners) % interest Company Officers Position Orleans County Page 2 of 5 Rent Subsidy Program SECTION 2. PROPERTY TO BE LEASED BY APPLICANT Property Address: CITY STATE ZIP Landlord Name: Landlord Address: CITY STATE ZIP Landlord Phone: D- (FOR OFFICE USE ONLY) D- Monthly Rent: Yearly Rent: Square footage to be leased: o with out utilities $ $ o with utilities Per Square Foot Rent: Max. Annual Subsidy: Monthly Rent Subsidy: Total 12 month Subsidy: Describe the property to be leased including the building, its location, the type of space to be occupied (i.e. storefront, office, etc.), the intended commercial use of the leased space, and the reason for occupying the new space: SECTION 3. PROJECTED EMPLOYMENT AND PROJECT COSTS Projected Employment - How many new employment positions do you plan to create? Full-time: Part-time: Project Costs - How much capital (leasehold improvements, furnishings, fixtures, equipment, initial inventory etc.) do you estimate you will spend to establish this location? $ Orleans County Page 3 of 5 Rent Subsidy Program SECTION 4. MISCELLANEOUS 1. Will there be any physical improvements to the newly leased commercial space (whether done by the property owner or as leasehold improvements) prior to occupancy by the applicant? 0 yes 0 no If yes, provide detail: 2. Have you enclosed a copy of a draft or executed lease agreement for the new commercial space? 0 yes 0 no If no, explain: 3. Does any owner or officer of the business leasing space have a business or familial relationship to the owner of the property to be leased? If yes, explain: Is the business or any owner delinquent in the payment of any municipal taxes or fees? Is the business or any owner delinquent in the payment of any income tax obligation? Is the business or any owner delinquent in the payment of any loans? Is the business or any owner currently in default on any of its loans? Are there currently any unsatisfied judgments against the business or any owner? Has the business or any owner ever filed for bankruptcy? DYes 0 No DYes 0 No DYes 0 No DYes 0 No DYes 0 No DYes 0 No If the answer to any of the questions above is "Yes," please provide additional comments below or on additional pages if necessary. Orleans County Page 4 of 5 Rent Subsidy Program SECTION 5. DECLARATIONS I I (we) attest that to the best of my (our) knowledge and belief, the information contained in the foregoing application is correct and true. I (we) am (are) aware that the filing of a false instrument in connection with this application may constitute an attempt to defraud the Orleans County Local Development Corporation and may be a felony under the laws of the State of New York. I (we) agree to abide by the provisions of all applicable local, state and federal laws pertaining to falsification of any item contained herein or fraudulent misrepresentation of my (our) business. I (we) acknowledge that this application is not a legally binding document for purposes of receiving any Program assistance including funding, and that my (our) designation as a Program client does not guarantee my (our) receipt of any Program assistance. If Applicant is an individual, sole proprietorship, or partnership, sign below: If Applicant is a corporation, L.L.c., or L.L.P" sign below: Signature Date Name of Corporation or Company Printed Name and Title Authorized Signature Date Signature Date Printed Name and Title Printed Name and Title Orleans County Page 5 of 5 Rent Subsidy Program Board of Directors: Eugene Cericola President Lillian Ostiguy Vice President Robert Clinger, Vice President Everlene Baker, Secretary Art Wittman, Treasurer Michele Benner Carol Dechant Janet Dixon Harold Dom Mary Lou Eastham Lois Horky Estella Jones Dr. Timothy Kehrig Joyce Portnoy Mary Whalen Staff: Sherry Johnson, Executive Director Social Services ACCESS Child Nutrition Ed . Faith in Action Financial Aid Food Pantry SHARE Economic Development Business Incubator "Ocean Ave. ...,mlm [eri'i~.... Green Market" A Grocery Business Incubator/Green Market Program Community Caring Center 145 NE 4th Avenue Boynton Beach, Florida 33435 of Boynton Beach, Inco Phone: (561) 364-9501 Fax: (561) 364-7288 Website: www.cccbb.orl! July 29,2009 Ms. Lisa Bright, Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33428 RE: Proposal for the use of 2008 Grant Award for $100,000 Purchase and Conversion of Jim Ness Duplex Property located at 425 NE 2nd St. to a "2nd Chance" Single-Family Home Dear Ms. Bright: The Board of Directors of the Community Caring Center of Boynton Beach, Inc. would like to submit the following proposal for the use of the $100,000 award by the CRA Board of Directors for the purpose of purchasing a building: 1. In 2006, the CCC was given a United Way Diversity Grant, with the support of Wilfred Hawkins, to plan for a transitional housing program. Which was completed. A consultant was hire to prepare the model, set-up our forms, documents, policies and procedures for this program. 2. The plan would be to help give a family a second chance. It would require the following to be in place: a) the family would need to be recommended to us for consideration, priority would be given to local residents and recommendations by clergy; b) there would need to be participation in required programs designed for each situation for recovery, which may include anger management, drug testing, family therapy and counseling, family ftnancial management, credit repair, probation or parole participation, AA and AI-anon meetings, nutrition education and faith community activities; c) children's school grades, development, and teacher comments would be monitored and mentoring would be provided; d) both should be capable of working or have a job commitment with a start date identifted before consideration would be given; e) support systems would be interviewed and requested to sign a committed to assist the family, i.e parents, pastors/rabbi(s)/employer/counselors. 3. A ftduciary account would be established to help the family save towards the purchase of a home, i.e. First Time Homebuyers Programs, Habitat for Humanity, or the home that they are renting from CCc. Rent would be on a sliding scale based on the family's budget. The family would be required to maintain inside and outside of property and be subject to inspections. " I .. eRA Proposal for Grant Use Page 2 Since there would be no mortgage, after consideration is given to reserves for any major repairs, insurance and taxes, it would allow a generous portion of the of the rent paid to be saved each month. We are requesting that the mortgage and promissory note be designed to be 0% interest, forgiven over 20 years, and any remaining balance in the event of the sale of the property identified be transferable to another property. We ask you in considering this proposal to taken into consideration that the $100,000 grant is going to a non-profit. These funds cannot profit any individual or corporation. Should anything happen to CCC that would cause us to close our doors, we must dispose of all of our assets to other worthy non-profits within the community. Also for consideration is the fact that CCC would like be able to offer the family a chance to keep the home if they so choose, in which case, we would want to be able to transfer any balance on the loan to another property. Therefore, we ask your consideration in this matter as we partner with you in serving the needs of community, providing hope and opportunities to families is crisis, cleaning up the neighborhood, and helping to provide additional community stabilization through duplex conversion to single family residential- one family at a time. If this is agreeable, our attorney, John Eastham, would begin to draft the language and submit the documents to you for review. We are in the process of contracting with Mr. Jim Ness and have set a date of August 30, 2009 for closing. Sincerely, SfwuuJ ~on Sherry Johnson Executive Director Cc: John Eastham, Esquire