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Agenda 06-08-10 CRA Board Meeting Tuesday, June 8, 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 B. Adoption of Agenda V. Informational Items by Board Members & CRA Attorney: VI. Announcements & Awards: th A. Cops & Rodders – Police Dept. 90 Anniversary th B. 4 of July – Salute to Independence C. 2010 American Advertising Federation Award VII. Consent Agenda: A. Approval of Minutes - CRA Board Meeting May 11, 2010 B. Approval of Changes to April 13, 2010 CRA Board Meeting Minutes C. Approval of Period Ended May 31, 2010 Financial Report D. Approval of Budget Reallocation for Economic Development Programs E. Approval of Business Signage Grant to Flamingo Plaza F. Approval of Rent Subsidy Grant to SGVK, Inc. d/b/a Boynton Realty G. Approval of Commercial Interior Build-out Grant to SGVK, Inc. d/b/a Boynton Realty VIII.Pulled Consent Agenda Items : IX. Public Comments : (Note: comments are limited to 3 minutes in duration) X. Legal: A. Implementation of Revised Dockage Agreement for Boynton Harbor Marina XI. Old Business: A. Consideration of Issuing an RFP for Development of Parcels on Martin Luther thth King, Jr. Blvd. (NE 10 Avenue and NE 9Avenue) B. Consideration of Land Lease with the City of Boynton Beach for Property Located th at Ocean Avenue and SE 4 Street C. CRA Office Options XII. Executive Director’s Report A. Status of Ocean Breeze B. Approval of CRA Staff Leave Report C. Revoke the CRA Board Policy Requirement for the Public Comment Log to be Presented on the Monthly CRA Board Agenda D. Review of CRA and 2006 Board Adopted Rules of Governance XIII. New Business: XIV.Future Agenda Items A. Children’s Schoolhouse Amphitheatre B. Ocean Avenue Marina Signage Entryway Feature C. Small Business Incubator for Heart of Boynton Redevelopment Plan D. Boynton Beach Boulevard Signage Entryway Feature XV. 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 ,\VI--~' ~1~<tY~T2OCRA iIi East Side-West Side-Seaside Renaissance CRA Board Meeting Tuesday, June 8, 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 B. Adoption of Agenda V. Informational Items by Board Members & CRA Attorney: VI. Announcements & Awards: A. Cops & Rodders - Police Dept. 90th Anniversary B. 4th of July - Salute to Independence C. 2010 American Advertising Federation Award VII. Consent Agenda: A. Approval of Minutes - CRA Board Meeting May 11, 2010 B. Approval of Changes to April 13, 2010 CRA Board Meeting Minutes C. Approval of Period Ended May 31, 2010 Financial Report D. Approval of Budget Reallocation for Economic Development Programs E. Approval of Business Signage Grant to Flamingo Plaza F. Approval of Rent Subsidy Grant to SGVK, Inc. d/b/a Boynton Realty G. Approval of Commercial Interior Build-out Grant to SGVK, Inc. d/b/a Boynton Realty VIII. Pulled Consent Agenda Items: IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Legal: A. Implementation of Revised Dockage Agreement for Boynton Harbor Marina XI. Old Business: A. Consideration of Issuing an RFP for Development of Parcels on Martin Luther King, Jr. Blvd. (NE 1 oth Avenue and NE 9th Avenue) B. Consideration of Land Lease with the City of Boynton Beach for Property Located at Ocean Avenue and SE 4th Street C. CRA Office Options XII. Executive Director's Report A. Status of Ocean Breeze B. Approval of CRA Staff Leave Report c. Revoke the CRA Board Policy Requirement for the Public Comment Log to be Presented on the Monthly CRA Board Agenda D. Review of CRA and 2006 Board Adopted Rules of Governance XIII. New Business: XIV. Future Agenda Items A. Children's Schoolhouse Amphitheatre B. Ocean Avenue Marina Signage Entryway Feature C. Small Business Incubator for Heart of Boynton Redevelopment Plan D. Boynton Beach Boulevard Signage Entryway Feature xv. Adjournment .~<tY~T2~ eRA iIIi East Side-West S'lde-Seaside Rena'lssance CRA Board Meeting Tuesday, June 8, 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 B. Adoption of Agenda V. Informational Items by Board Members & CRA Attorney: VI. Announcements & Awards: A. Cops & Rodders - Police Dept. 90th Anniversary B. 4th of July - Salute to Independence C. 2010 American Advertising Federation A ward VII. Consent Agenda: A. Approval of Minutes - CRA Board Meeting May 11, 2010 B. Approval of Changes to April 13, 2010 CRA Board Meeting Minutes C. Approval of Period Ended May 31, 20 I 0 Financial Report D. Approval of Budget Reallocation for Economic Development Programs E. Approval of Business Signage Grant to Flamingo Plaza F. Approval of Rent Subsidy Grant to SGVK, Inc. d/b/a Boynton Realty G. Approval of Commercial Interior Build-out Grant to SGVK, Inc. d/b/a Boynton Realty VIII. Pulled Consent Agenda Items: IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Legal: A. Implementation of Revised Dockage Agreement for Boynton Harbor Marina XI. Old Business: A. Consideration of Issuing an RFP for Development of Parcels on Martin Luther King, Jr. Blvd. (NE 10th A venue and NE 9th A venue) B. Consideration of Land Lease with the City of Boynton Beach for Property Located at Ocean Avenue and SE 4th Street C. CRA Office Options XII. Executive Director's Report A. Status of Ocean Breeze B. Approval of CRA Staff Leave Report C. Revoke the CRA Board Policy Requirement for the Public Comment Log to be Presented on the Monthly CRA Board Agenda D. Review of CRA and 2006 Board Adopted Rules of Governance XIII. New Business: XIV. Future Agenda Items A. Children's Schoolhouse Amphitheatre B. Ocean Avenue Marina Signage Entryway Feature C. Small Business Incubator for Heart of Boynton Redevelopment Plan D. Boynton Beach Boulevard Signage Entryway Feature XV. 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. NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S, 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY, PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABL Y ACCOMMODATE YOUR REQUEST. 1!~~~Y~T8~ eRA _ East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 8, 2010 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Announcing Cops & Rodders SUMMARY: . Cops & Rodders, Saturday, June 12,2010 . FREE EVENT held 10:00 a,m, to 4:00 p,m, in the 100 block of Ocean Avenue . Celebrating the 90th Anniversary of the Boynton Beach Police Department . Car Show, Live Music provided by Cricklewood, Rock Climbing Wall, Dunk-a-Cop tank, Airbrush Tattoos. . Unveiling of the car built by YVPP . Antique and current Police vehicles on display . Food and beverage vendors will be on-site . Ample free parking onsite or park and ride the shuttle from Bank of America on the NE comer ofE. Ocean Avenue and N. Federal Hwy., the shuttle runs from 10:00 a.m. to 4:30 p,m. . No Pets please. FISCAL IMPACT: Provide CRA Police coverage for event and staff comp time of 40+ hours. ;t;;MEf::;'rNone Executive Director 1!!I~~Y~T8~ eRA _ East Side-West Side-Seas.,de Rena.,ssance eRA BOARD MEETING OF: June 8, 2010 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Announcing 4th of July - Salute to Independence SUMMARY: . Salute to Independence, Sunday, July 4,2010 · FREE EVENT. beginning 6:30 to 9:30 p.m. at Intracoastal Park . A concert with Synthesis Band begins at 6:30 p.m. until 9:00 p.m. · There is a Patriotic Salute scheduled for 7:30 p.m. · At 9 p,m, the world famous "Fireworks by Grucci" will light up the sky · Food and beverage vendors will be on-site · Park and ride the shuttle from Bank of America on the NE comer of E. Ocean Avenue and N. Federal Hwy" the shuttle runs from 6:00 p.m. until 10:00 p.m. . No Pets or personal fireworks allowed in the park FISCAL IMP ACT: Budgeted in line item 02-58500-480. RECOMMENDATIONS: None cJb3t f9-,~+ Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\06- 08-10 Meeting\2010 - 4th of July. doc SALUTE TO INDEPENDENCE THE BOYNTON BEACH eRA PRESENTS SALUTE TO INDEPENDENCE SUNDAY, JULY 4 FREE EVENT Park opens at 6:00 p.m. FOOD & DRINK VENDORS ON SITE l~~~Y~8~RA 1& East Slde...WestSide-Seaside Renaissance . SOUTH FLo.:lnA 111.1 ==11 COUNTRY The Palm Brach Post PalmBeachPo;t ((lrT - l J, i tcq.lhJ Uodl;J r (' r -'. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD TUESDAY, MAY 11,2010, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jose Rodriguez, Chair Marlene Ross, Vice Chair Steven HQlzman Woodrow Hay William Orlove Lisa Bright, Executive Director Jim Cherof, Board Attorney I. Call to Order Chair Rodriguez-called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation Mr. Hay gave the invocation, which was followed by the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda i. Board Attorney Request for Closed Door Session to Discuss Litigation (see X.A. & B. below) Mr. Hay pulled Item VII.C. Ms. Bright pulled Item VII.A. Chair Rodriguez added discussion of the Administrative Fee Policy to New Business as Item XII.E. Chair Rodriguez had questions regarding Old Business, X.E. In March, this item was discussed and a motion made to enter into an agreement for a land swap. He was unsure why the item was back on the agenda. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 Jim Cherof, Community Redevelopment Agency (CRA) Board Attorney, clarified this was the formal approval of the transaction, As the item needed formal action, there was a record of approval by the Board and City Commission for land title purposes. He requested that in the future, staff distinguish whether the action was a formal approval or other action that differed from the original item. Mr. Holzman pulled Item VII.B. Chair Rodriguez requested discussion of the business Incubator and noted staff was to bring back a feasibility analysis of the Roberts Property and Jesus House of Workshop as the location for the incubator. Lisa Bright, Executive Director, Community Redevelopment Agency, responded the drawings were not final: The Board had also previously indicated the item may not go forward due to the budget. She met with Neighborhood Works and the Community Housing Partnership Group and was attempting to locate a funding source. The item was not brought forward because the details were not final for the Board to consider. The facility would be a 20,000 square-foot building fronting Seacrest Boulevard. The first floor would contain office and retail space, and the second floor would be dedicated to office-related services for the Heart of Boynton area. Chair Rodriguez noted the item was listed as a Future Agenda item on the April agenda, and it was not on this agenda under any category. Ms. Bright indicated they would ensure it was on the agenda for ... the next month. Motion Vice Chair Ross moved to approve the agenda as amended. Mr. Orlove seconded the motion. The motion passed, B, Adoption of Agenda V. Informational Items by Board Members & Community Redevelopment Agency Attorney Attorney Cherof noted the agenda referenced a request for a closed-door Executive Session. The pending matter had been discussed previously in Executive Session with regard to litigation strategy. The facts had not changed. After the last closed-door session, the Board could have taken action regarding resolution of the case and was now in a position to do so, The matter was not required to be discussed with the Board privately in closed-door session nor at a public meeting. The Board's consent was required to delete the requirement (Item X.A) for the closed-door session. All of the issues would then be discussed under Item X. B. A motion to delete the closed-door session was requested. 2 c Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 Motion Mr. Hay so moved. Mr. Holzman seconded the motion. The motion passed. Mr. Orlove expressed there was a good turnout for the Mayor's Walk that took place in the CRA district. Four hundred people participated and the event was well done, He complimented staff and applauded all, including the public. It was a nice first event in the district. Mr. Hay also commended the walk and expressed in the future, that if another event was held, it would be better to discuss it beforehand with other members of the Board, to ensure all could participate. Mr. Hay had a scheduling conflict but would have liked to participate in the event as he attends many of them. Mr. Hay wanted his concern noted. (' Mr. Holzman in-dicated he requested information from the Executive Director regarding how many vacation days she had taken to-date. It was noted she was entitled to 15 days, but he had not received a response. He requested the Board be provided, on a rolling basis, the number of days missed so they could keep track of the Executive Director's attendance, just as any manager would do for their employees. He also indicated the Executive Director did not keep track of the staffs attendance on a daily basis. He reiterated it was important to keep track of staffs attendance to ensure they were working towards the same goal. It was the Board's responsibility to ensure things were running smoothly and the Board was held to a higher standard to ensure transparency and accountability. Mr, Hay understood the need for transparency and expressed he was satisfied with the CRA staff and he did not want to micromanage their time. Unless there was a problem or an issue, he would not need that type of information. Mr, Holzman clarified there was no problem, rather it was a point of information. Ms. Bright responded last month she asked the Board if they wanted to have a workshop. The role of the Executive Director was a contractual position; however, she explained she was receiving individual requests from Board members. Her past practice was to include her calendar in the Board packet every month. When the change in leadership occurred, the new Chair requested a weekly calendar. She complied with the request, and she consulted with counsel. There were a few occasions when the calendars were not received and there was an inference she was not providing them in a timely manner. Accordingly, she provided it to the entire Board. (' When Mr. Holzman requested adding another task to her weekly calendar on a rolling calendar basis, she received mixed messages. Ms. Bright clarified If the request was about her time and leave, she could comply, but she wanted to ensure that the Board. for the next 90 days, clearly outline exactly what everyone wanted. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11,2010 She expressed the request was micromanagement. The auditors manage the leave requests that she signs. Her vacation was a compensated absence that the auditors also monitor. If the Board wanted to add this to her responsibilities she would comply. She requested a procedure be promulgated. She wanted to ensure if the Board monitored her attendance, that other Executive Directors or Directors in the City would be held to the same standard. She expressed she was receiving disparate treatment. Chair Rodriguez responded the Community Redevelopment Agency Board was an independent Board with oversight of the staff and the Executive Director. There should be no outside influence, He assumed, as a new Board member, that Mr. Holzman noticed the Executive Director, in the last month and a half, had taken almost two weeks time, Ms, Bright noted that information was Incorrect. Chair Rodriguez clarified in the last month and a half Ms. Bright took six days and this week would take another few days. She was asked about her time and some members felt the discussion was not an effective use of tax dollars. Chair Rodriguez mets with the Executive Director and Attorney Cherof weekly. Attorney Cherof confirmed the Board member had the right to ask questions and the Executive Director works for the Board and has the responsibility for the staff. He asserted the Executive Director was being uncooperative and he expressed the matter was discouraging. Mr. Holzman explained the question had nothing to do with a review of the Executive Director's job, He only noticed that there were three days of absence for this week. He pointed out there was a contract that governed the relationship and according to the contract, the Executive Director received 15 days of vacation time and any other days of vacation did not fall within the contract. If she has taken 15 days, then the Board would know she would be in the office for the rest of the time required by the contract. The Board was accountable to the citizens of Boynton Beach and for overseeing the CRA. He disputed there was disparate treatment. Ms. Bright inquired if she answered the question at the meeting if the Board would continue to request every week that she continue to calculate her time. Mr. Holzman explained she already provided the Board with a rolling calendar. She should continue to provide her calendar indicating she took day one of 15 days, or day two of 15 days, etc., so each Board member was aware of what was occurring. Vice Chair Ross expressed concerned and inquired whether all of the Board members met regularly with the staff. She contended the Board was not dedicated or effective 4 r Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 unless they met with the staff. Ms. Bright was on the list of "must-know" contacts in Florida Trend Magazine. Ms. Bright was excellent with her staff and they could not accomplish what they did without her being dedicated and putting in hours and hours, including evenings and weekends, or days, Chair Rodriguez felt Vice Chair Ross's comments were irrelevant to the discussion of answering a question. Vice Chair Ross felt her comments were relevant and she did not appreciate the assertion, Ms. Bright explained she took five days in April, and was taking three days of leave time, in order to travel to New York for her daughter's medical procedure. She noted her trip to New York was not vacation. She expressed this was blown out of proportion and that she was offended that she had to be the only Executive Director in the City and County to have to provide a rolling attendance report to individuals who were not going to be her bosses in 90 days. If the information was intended to be used to scrutinize her operations and" how she conducts business, she would provide the information, She explained since her time rolled over, her accumulated leave time was more than 15 days. (.... Chair Rodriguez requested she send an email to the entire Board containing the information. It was noted Vice Chair Ross and Mr. Hay did not need or want the information. Vice Chair Ross requested a vote. Chair Rodriguez explained the matter had been overblown, but only because of her lack of response. Ms. Bright agreed and pointed out she was the only Executive Director in the City that was having their attendance monitored. Mr. Hay commented too much time was spent on the issue, He hoped the hours worked by Ms. Bright beyond regular work day would be recognized and the Chair was nit picking issues, He felt she was being singled out, the issue should be left alone and they move along on the agenda, He did not want her calendar, or the days she has taken. He commented there were issues that could be raised regarding the Chair such not picking up his agenda until the day of the meeting. Chair Rodriguez explained for the record, the agenda was delivered to his home and the City agenda was on a CD which could be downloaded. It was not necessary to go into the office and to obtain it. VI. Announcements & Awards: (.... A. Ocean Avenue Concert - May 21st Pure Justice Band Ms, Bright announced on Friday night, the Boynton Beach CRA was presenting the Pure Justice Band. The event was sponsored by Rick Lacoco, the developer for Gulfstream Gardens. The concert was free. Food and drink vendors would be on-site and attendees should bring folding chairs. No pets were permitted, 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 B. Movies on the Ave. - June 4th The Blind Side The Blind Side, starring Sandra Bullock, would be aired June 4th. The film was rated PG-13. No pets were allowed and parking was available. It was noted the Movies on the Ave. had become a favorite venue for the local residents. It was noted the movie was the last in this year's series. VII. Consent Agenda: A. Approval of Minutes - CRA Board Meeting Aprl113, 2010 This item was pulled by Ms, Bright. B. Approval of Period Ended April 30, 2010 Financial Report This item was pulled by Mr. Holzman C. Approval of the Mayor's Boynton Harbor Marina Slip Tenant Meeting This item was pulled by Mr. Hay. D. Approval of Commercial Fayade Grant to Janashpa Ent. d/b/a McDonald's Restaurant E. Approval of Commercial Rent Subsidy Grant to Tsunami Subs & Wraps F. Approval of Commercial Interior Build-out Grant to Doubleplay Media, Inc. This Item was pulled by Chair Rodriguez G. Approval of Commercial Rent Subsidy Grant to Doubleplay Media, Inc. VIII. Pulled Consent Agenda Items: A, Approval of Minutes - CRA Board Meeting April 13, 2010 Ms. Bright noted a clerical error in the minutes. The program pertaining to Items J through M was the Homebuyer's Assistance Program. The minutes reflected the program as the Residential Improvement Grants. Mr, Holzman noted the motion on page 21 was Mthat the Board select the Auburn Development Company to Implement the Heart of Boynton vision", He felt the motion should be "to approve selection of Auburn Development to begin negotiations on a purchase agreement." as opposed to selecting Auburn Development to implement the Heart of Boynton. 6 r Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11,2010 Attorney Cherof felt the clarification was beneficial, and in addition to the language, he recommended adding, "and to commence negotiations." to the motion. Motion Mr. Holzman moved to approve the minutes as amended. Mr, Hay seconded the motion. The motion passed. B. Approval of Period Ended April 30, 2010 Financial Report Mr. Holzman inquired about the car allotment. He noted there was a $5,400 allotment for cars. It was noted the Assistant, and the Executive Director each had a $5,400 car allowance, Motion Mr. Orlove moved to approve the Financial Report, Vice Chair Ross seconded the motion. The motion passed. (- C, Approval of the Mayor's Boynton Harbor Marina Slip Tenant Meeting Mr. Hay inquired about the Boynton Harbor Slip Tenant Marina meeting. He noted each Board member could go to the CRA, make inquiries and receive information. He inquired from legal counsel about the properness of the Mayor giving direction to staff to take action on the item. He felt that action was more than fact finding. Chair Rodriguez explained the meeting was fact finding. A brainstorming session was held and issues and actions were identified. Chair Rodriguez advised he was clear with staff that any issue that required them to take action would need approval by the Board. It was noted the agenda did not reflect Chair Rodriguez' directives to staff and he agreed it required Board approval. Staff had not commenced with any of the directives. Mr. Hay requested the Legal Department's comments. (' Attorney Cherof explained the members each have independent authority to engage in activities and obtain information, Some members call staff or meet with them or constituents in the area. There was no clear line established in this regard. However, the Board could establish one. There were Rules of Governance which could be brought back to the Board. It was thought the current Board had not reviewed those rules which were Intended to provide guidelines regarding the role of the Board and staff. Attorney Cherof suggested it be added it to the next agenda. He commented the Board may want to govern differently than the previous Board, or govern differently as the process of transltioning to the new Board began. Attorney Cherof expressed his perception was the Board wanted the transition to occur with control. It was up to the Board to establish parameters, He suggested allowing each of the Board members to have some discretion how they gathered information. Mr. Hay thought it would be 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 inappropriate, at this time, for the Board to go through that process. The rules, as already established, could be added to the next agenda for discussion, conversation and understanding. Mr. Hay encouraged the members to read the document and if anyone had any questions they discuss it so the members would be on the same page. Ms. Bright noted the entire Board received the Rules of Governance and job description for the Chair after the election and the request had been made public record. The number one rule of Administration was to see that the policies and directives of the Community Redevelopment Agency Board were enforced. Her interpretation was it had to come back to the Board because the existing policy required it come through staff. A meeting was held with legal counsel and the Mayor to ensure she and the staff would not be engaging in any area or actions, pertaining to the marina, that the Board was not aware of. Ms. Bright put the request on the agenda prior to taking any action. Attorney Cherof commented the events taking place up to the marina meeting were well coordinated with the Chair and the Executive Director, Legal counsel was consulted for each step of the process of setting up the meeting and conducting it. Both individuals were cautious of their respective roles. Mr. Hay advised he only raised the concern based on some of the actions he had observed. Chair Rodriguez commented the meeting was the Mayor's Boynton Harbor Marina Meeting, not the Chairs, and any action would return to the Community Redevelopment Agency Board for action and be moved forward. Motion Mr. Hay moved to approve. Mr, Orlove seconded the motion. The motion passed. Chair Rodriguez requested pulling Item F. Motion Vice Chair Ross moved to pull Item F. Mr. Holzman seconded the motion. The motion passed, F. Approval of Commercial Interior Build-out Grant to Doubleplay Inc Media, Chair Rodriguez noticed the item was the first request having a full-time employment component. It was noted the applicant had four or five employees in Delray Beach, He inquired if all the applicant had to do was move the employees into the City of Boynton Beach to be eligible for the program. It was noted the applicant had seven full-time employees and it was confirmed that moving them to Boynton Beach would qualify him for the program, 8 r Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 The applicant was not hiring anyone from Boynton although the building would be utilized, There was discussion of the overall impact of moving the business and attracting businesses to Boynton Beach. By allowing them to use existing employees, it would be an incentive to locate businesses into Boynton with the hope they could create more jobs after they relocated. The applicant had an executed lease agreement commencing June 1 st. There was further discussion the guidelines did not require him to stay for a certain time. He could move at the end of the year. The length of time the applicant operated in Delray Beach was unknown, but it was noted, the program had a requirement that the applicant had to own the property or sign a two-year lease. Motion Mr, Hay moved to approve. Mr. Holzman seconded the motion. The motion passed unanimously. ~ (' Ms. Bright noted the applicant was established five years in Delray Beach. IX. Public Comments: (Note: comments are limited to 3 minutes in duration) Herb Suss, 1711 Woodfern Drive, was glad the topic of the Executive Director's vacation leave was discussed. He noted all fIVe members of the Board were responsible to the taxpayer and transparency was important. During the election, Mr. Suss questioned staff being at election headquarters and he asked if it was on City time, He emphasized he was entitled to know the whereabouts of staff and all were accountable, Mark Karageorge, 240A Main Boulevard, commended the Mayor and CRA Board on a great Mayor's walk. He commended all who participated and sponsored the event and thought it was the start of something good. Having 400 people participates sends the right message. He also thanked Mr. Holzman regarding his comments on the Doubleplay Media agenda item. The rent subsidy and build-out assistance programs were the tools that help bring business into the City, No one else coming forward, Chair Rodriguez closed the public audience. X. Old Business: i. Board Attorney Request for Closed Door Session to Discuss Litigation (see X.A. & B. below) (' Attorney Cherof explained the Board would not hold a closed door session for this item, which pertained to the CRA Board's action against Delray Boynton Academy to recover grant money. The eRA made demands for records confirming that they had the 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 requisite number of employees hired and working during a specific time period that qualified them for the grant money The recipient did not respond to the numerous requests from the Executive Director or legal staff. Accordingly a lawsuit was filed. During deposition, documents were produced that on their face substantiated the recipients claim they had the right number of employees during the specified time period. During the closed door session held at the last meeting, Attorney Cherof provided the information to the Board and indicated they were doing additional discovery to substantiate the information was accurate and could be relied on during litigation. The information they received was positive in resolving whether or not there was a breach of contract. There was now an offer of settlement on the table from the Delray Boynton Academy for $5,000. Based on Attorney Cherors review of the matter, he recommended that they accept the settlement offer. . There was discussion how the Board got into the position that they had not complied, legal fees were expended and now it was learned the recipient did comply. Attorney Cherof responded The Academy kept poor records which resulted In them not being able to prove they complied before the lawsuit was filed, He noted there were substantial efforts made by staff and, more specifically, Vivian Brooks to obtain the information. Only after months of making the requests was the lawsuit filed, With the assistance of the Attorney that was retained by the Boynton Delray Academy were the records gathered, produced and substantiated reflecting the requirements for receiving the grant monies were met. - Mr. Holzman commented he was contacted by the owner of the Delray Boynton Academy and, with the approval of counsel, he met with them to discuss the Issue. He agreed with Attorney Cherof the offer of settlement was something they should accept. Mr. Hay agreed they should accept the offer and inquired If the Board had developed any measures to avoid being in this position again. Ms. Bright noted the grant was a Palm Beach County grant, which was a matching grant that was no longer available. She commented staff pursued litigation at the request of the County because the County provided a portion of the money, The grant was a $50,000 match from the County and $50,000 from the CRA, The legal expenses were unknown, but Attorney Cherof would email the information about the fees to the Board the next day. The grant was forgiven and the requirements for earning the money were satisfied. Vice Chair Ross inquired if any other Board members met with Mr. Green, It was ascertained no other members met with him. 10 r Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 Motion Mr. Hay moved to accept the $5,000 from Mr. Joe Green for the Delray Boynton Academy, Mr. Holzman seconded the motion. The motion passed 4-1, (Mr. Or/ove dissenting. ) A. Legal Discussion of Splashdown Diver's Lease Attorney Cherof advised the Board authorized execution of a new lease, which was prepared and forwarded by staff. A letter from Attorney Sarkin was received indicating the lease' would not be signed because they had a different expectation about the type of lease that would be offered by the CRA. It contained references to legal standards that did not apply to a lease transaction in the State of Florida. Attorney Cherof responded to the letter on April 28, explaining the proper legal basis about the issues and he Included a deadline of May 4, 2010 for Splashdown Divers to sign the lease. He telephoned Mr. Sarkin but, to Attorney Cherofs knowledge, he had not responded to him or to staff. The direction staff needed was whether to withdraw the offer of the lease and move forward with other business activities for the site. r' Chair Rodriguez inquired if the lease was withdrawn, whether the tenant would be a month-to-month occupant. There were two separate leases involved, and it was clarified this had to do with the building lease and not the boat lease. A strategy would be needed. Waypoint Marine was the Board's property manager and they could locate a tenant if the Board desired. No fees would be involved, rather the action was part of the Board's contract with Waypoint Marine. There was an inquiry whether anyone contacted the eRA regarding the property and how easy or difficult it would be to release the space. Ms. Bright explained staff had not received calls about the dive shop. She was not sure staff would recommend the Board release the dive shop. Staff would, more likely, bring forward the second phase of the Marina plans. It was not known how long It would be to rent the property again. Ms. Bright explained it would be contingent on eviction proceedings or how long It would take if the Board wanted the tenant to vacate the building. Attorney Cherof expressed it would be about two months. 1"...... Attorney Cherof clarified he did not have a legal opinion, rather the matter was a business issue. Until an alternative plan was in place, the tenant was paying the rent, and there was some revenue being generated. He suggested developing an alternate plan and then taking action regarding an eviction. There was a question what would 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May ii, 2010 happen if the tenant changed their mind about the lease. Attorney Cherof explained he would send a letter saying the offer was withdrawn. The Board had to make the decision whether the lease should be with drawn or let the tenant remain on a month-to- month basis. If they were to choose to evict the tenant, the CRA would recommend demolishing the building to redevelop the area. There had been prior discussion with Ms. Simmons and Mr. Simon about the lease. Mr. Orlove recalled Ms. Simmons made a comment at a meeting that inferred if that was all that was offered, that was it. He commented It appeared she was willing to accept the lease. He inquired if there was anything other than a legal respo'nse reflecting she had a change of heart. Ms. Bright explained Ms. Simmons typically approaches Mr. Simon or herself. She confirmed there has been no communication from her or her attorney. Ms. Bright spoke with Brian Smith, the Marina Manager of Waypoint Marine, so she ensured the answers were available for the Board. There was an inquiry if the Board could include in the letter that this is the last 30 days and if no response was received during the timeframe, eviction proceedings would commence. It was noted eviction proceedings could take a minimum of two months. An eviction would not be cost effective for the Board, It was noted the Board had been prepared to lease to her for a year. Ms. Bright clarified it would be a one year lease with one year renewals. Ms. Bright explained if the tenant were not there, staff would not recommend any replacement because the renovation was forthcoming. Tearing down the building would change the entire visual corridor when entering the marina area. Attorney Cherof noted under the existing lease, the rent doubled. If a notice to vacate was issued and the tenant did not vacate, there was a double rent provision for holding over. The notice period on the lease has expired and she was holding over at the same rate. There was discussion whether there was any statute governing raising the rent. Attorney Cherot explained they could hold the rent tor the first month, and then when the new notice about the rent increase was sent, it would apply. There was discussion about using that methodology because the Executive Director has plans tor the building. Motion Mr. Holzman moved to withdraw the lease offer per the letter by the CRA attorney, Mr. Orlove seconded the motion. The motion passed. The monthly rent charged tor Ms. Simmons building matched the Heart of Boynton rental rates, which were approximately $1.45 per square foot. The rent under the proposed lease was $1,397, There was agreement to double the rate which was still under the market rate. -~ 12 (' Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 Motion Vice Chair Ross moved to double the rate from $1,397. Mr. Hay seconded the motion. Attorney Cherof recommended adding a time period to the motion, which could provide an exit maneuver for the recipient. Allowing 30 days was thought to be sufficient. Motion Vice Chair Ross moved to double the current offer of rent effective July 1 st. Ms, Bright noted there was a small kiosk inside the dive shop where the Seamist fishing boat sold their tickets that would also be affected by Ms. Simmons losing the dive shop. The Seamist paid Ms. Simmons $300 per month for the kiosk. There were no other locations for the kiosk at this time. Motion Vice Chair Ross moved to double the rent from $1 ,397 effective July 1 on a month-to- month basis, Mr. Holzman seconded the motion. The motion passed. r B. Approval of Business Signage Improvement Grant to South Florida Mastercraft - TABLED Apri/13, 2010 Vice Chair Ross moved to remove from the table. Mr. Hay seconded the motion. The motion passed, Ms. Bright explained the program guidelines and policies required Board approval prior to the work being done. The Board tabled the item in order to give staff time to evaluate the existing guidelines and make changes. Such changes would affect this grant and others that had requested reimbursement retroactively. The auditor advised it would be fiscally irresponsible for staff to change the existing guidelines that do not allow for retroactive reimbursement. Board approval must be given prior to all work being performed. Staff recommended the item be denied, Motion Mr, Holzman moved to deny. Mr. Hay seconded the motion. It was noted the applicant was not present. A vote was taken. The motion passed. r C. Consideration of Entering into a Land Swap Agreement with the City Attorney Cherof explained he reviewed the minutes of the March meeting. The approval was conceptual. There was no document prepared. This item could be approved formally. Nothing changed regarding the properties to be exchanged. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11,2010 Motion Mr. Hay moved to approve. Attorney Cherof recommended the Board approve the land swap agreement and to authorize the execution of the deeds. Mr. Hay amended his motion to include the suggested language. Vice Chair Ross seconded the motion, There was discussion about whether the assessed property value presented to the Board was from the time of the purchase or the current value. Ms. Bright explained legal counsel suggested, a few years ago, that the City and CRA conduct their own appraisals. It was noted the appraisals were not included in the meeting backup. The only information provided was the value from the property appraiser, the assessed value from the property appraiser and the purchase price. Vote The motion passed. D. Consideration of Options for Magnuson House - TABLED April 13, 2010 Motion Vice Chair Ross moved to remove from the table. Mr. Hay seconded the motion. The motion passed. Ms, Bright explained on March 15 th, staff was directed to implement the redevelopment of 211 Ocean Avenue as the CRA office. At the last month, the Board indicated they did not want the project to linger and they directed staff to formulate a plan for this meeting. The agenda item contained the various options for use of the building. The uses considered were for commercial, restaurant, office, to sell or donate the building, or take no action. It was noted the building was a historic building. Ms. Bright noted all the work was done by REG Architects, the Board's architect. At the meeting on April 14th, Chair Rodriguez suggested staff evaluate the building for the various options. REG Architects also pursued an option for a restaurant with a 100- seat capacity and an expansion of the building. Chair Rodriguez inquired if the renovation of the building had to meet a certain standard for historic homes, Ms. Bright responded it varied for historic buildings and the costs presented were based on the modification, Chair Rodriguez inspected the building. The structure was a nice home. He thought the estimates to renovate the structure were high. He pointed out, in the project budget originally presented, they had about $400,000 available without having to get a - 14 r Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11,2010 mortgage. Anything above the $400,0'00 that the Board would spend would need to be financed, There was an inquiry whether any interested party came forward since the matter was tabled. Ms. Bright was not aware of any interested party. It was noted; however, the Assistant Director knew of an individual interested in the building for a restaurant. Staff had not actively solicited anyone for the property, nor was staff authorized to do so. Staff was only to investigate uses for the property. The party interested in the subject building would be a subsidy project. Any restaurant would require a subsidy, and that should be part of the dialogue if that was the use the Board wanted. It would also be necessary to issue an RFP if a custom restaurant were located there. It was suggested, since Chair Rodriguez had some contacts regarding the building, that he pursue the matter, follow up on his ideas and be given the authorization to make it happen. This would allow the Executive Director time to pursue a lease. Chair Rodriguez expressed he would not work on it independently, rather he would work in concert with the Executive Director. Chair Rodriguez noted part of the dialogue indicated the members would prefer to see the building used for another use. Discussion should also include using the building as a CRA office. (' It would be difficult to determine viable options for the building because the property was never advertised. As it pertained to using the building as a restaurant, Chair Rodriguez felt it would saturate the market too quickly. His opinion was it would be better to use the building for a commercial entity because the build-out could be accomplished under budget. He noted the Business Development Training helped citizens establish businesses, He suggested using the building for a start-up location for the Business Development Training individuals. In this manner several businesses could be located there. He thought in the future the building could be converted to a restaurant. There was agreement Option A, using the building for a commercial use without expansion would be the best option. Motion Mr. Hay moved to approve option A, the commercial, no expansion of the building estimated at $289,062 or a possible high of $349,375. Vice Chair Ross seconded the motion, The motion passed. r Ms. Bright requested clarification on what the expectation from staff was, such as was there a timeline, what would be brought back to the Board, or if it was marketing, commercial use, Le. retail. Chair Rodriguez explained it was marketing the building to suit; the eRA would do the build out. Ms, Bright indicated the property would be posted on the commercial LoopNet with the parameters discussed. She suggested posting it there for at least 60 days and she would provide a progress report at the budget 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 meeting in August. If a member wanted an updated status prior to that time, they could email Ms. Bright. It would be beneficial to market the space to graduates of the TED Center if there was room available, It was noted a company may occupy all or part of the building. The goal was to use the building completely. The Board would be flexible to what was being done and how they would do it. D, Consideration of CRA Office Options Ms. Bright explained effective at the end of the month the CRA office would be on a month-to-month basis. The building was up for sale as commercial building. She did not know the status if they wanted to vacate for 30 days. Staff created a spreadsheet outlining potential office locations. They were thorough in assessing their space needs within the entire CRA district. There was discussion of the Holiday House on North Federal Highway. The property was about 3,50'0 square feet, and was gutted, Ms. Bright was familiar with the property and had spoken to the manager, Art D'Almeida. Mr. D'Almeida would not accept anything less than $18 per square foot plus common area maintenance (CAM) charges. Chair Rodriguez thought this was an opportunity to improve a building that needed work and this could be a project. The north end of Federal Highway was more stagnant and the building was an eyesore. Ms. Bright explained she worked with Mr. D'Almeida for five years and they tried to obtain the building for a bakery, but their efforts were unsuccessful. The current CRA building was 1,700 square feet and they paid $3,300 per month. It was noted Mr. D'Almeida was asking $4,600 for 3,500 square feet, or double the space and the roof needed to be repaired, Chair Rodriguez indicated the owner would replace the roof and do the build out. He thought the prospect was worth exploring. Another building was on Boynton Beach Boulevard, Buds Carpet and Tile. The property was owned by Mr. D'Almeida and had about 2,400 square feet Mr. Hay reviewed the options presented. Locating the office to the south was not an issue because the present location was already to the south. The Holiday House was worth a try to renegotiate. While Ms, Bright was not interested in trying to negotiate with him, Chair Rodriguez indicated he would. Another location discussed was Las Ventanas. He noted it would be a boost to put something in the area. A minimum of 2,500 square feet was needed. Las Ventanas and Sunshine Square would also welcome the office. Staff needed a plan. Chair Rodriguez felt the CRA was supposed to address blight and slum. Ms. Bright explained the renovation process for of the interior of Sunshine Square and explained it would take a minimum of six to eight months to have the interior and roof done at Mr. D'Almeida's location. Only $20,000 was budgeted for interior renovations. Chair Rodriguez confirmed Mr, D'Almeida's listing indicated he would replace the roof and make interior renovations. Chair Rodriguez noted the CRA had $400,000, and there would be money available to assist with this item. 16 r Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 Mr. Holzman liked the idea of renovating along Federal Highway north of Boynton Beach Boulevard. It was a blighted area and needed help. He felt it might be beneficial if staff could try to negotiate with the owner to see what lease options were available. If the owner was unwilling to bring an equitable solution for the lease option, they could use one of the other options, By selecting that location, staff was actually going into the blighted community and trying to assist with its redevelopment. Ms. Bright explained that was the goal of the Magnuson House. Staff only moved into the current site and stopped paying rent until they obtained a permanent location. She requested direction to negotiate a lease or to provide her with two locations and she would come back in 30 days and the Board could select the best deal then, She explained they were trying to redevelop Ocean Avenue by purchasing that home. She was supportive of the Board's decision, but much has changed. She thought her responsibility as Executive Director was to obtain a permanent lease as effectively as possible. Chair Rodriguez respected the comments, but noted Ocean Avenue was nowhere as close to the level of blight and slum as that which exists on Federal Highway. Chair Rodriguez noted the Federal Highway was a major corridor and entryway into the City. After lengthy discussion there was agreement to move to pursue Holiday House with Las Ventanas as the back-up location. r Motion Mr. Hay moved to pursue the first option of Holiday House as Option 1 and as the back- up Option 4 - Las Ventanas. Mr. Orlove seconded the motion. Mr. Holzman requested clarification that the motion was to negotiate lease terms. It was noted it was and the lease would return to the Board. The motion passed, XI. Executive Director's Report A, Small Business Development Program Survey and Testimonials from Students (1st Quarter Classes) Ms, Bright explained this item was in response to questions Mr. Holzman had regarding the new economic development program and the surveys, Chair Rodriguez left the dais at 8:28 p,m, r The data was received from the Center for Technology, Enterprise and Development (TED Center.) The backup was not included with the meeting materials because it was voluminous, It was, however, put on record that the compilation was available. If the members want changes to the survey, the TED Center would be happy to add any questions the Board might have. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11,2010 Chair Rodriguez left the dais at 8:29 p,m, It was noted there were several locations that indicated below average responses, Mr, Holzman inquired if there was any follow up to determine what could be done differently. Ms. Bright explained she had the data, which they needed for the budget, and they were going to sit with the program administrator to determine what could be done differently and incorporate the responses and update the curriculum. Chair Rodriguez reviewed the responses and gave examples of the responses received having negative comments. Ms. Bright commented they liked the candor of the participants and the instructors, She observed some of the classes and she noted the class was a difficult class, The small business failure rate was an issue and the individuals were not from one class. You cannot take one class and develop a business plan and hire more people. One of the participants was actively working with the CRA to move his business. The results had to do with where the participants were in their business experience which was not quantifiable, It was also noted the letters reflected different aspects were beneficial to different participants. One comment noted was to include seasoned experts in the program topic syllabus. Facilitators relied on reading materials, handouts, or PowerPoint presentations. It was noted it was difficult to find experts willing to volunteer. When Ms. Bright first assumed her position on the Board and they had the Small Business program, she contacted SCORE and they did not want to participate unless it was at a specific time. The SCORE executives were not reliable. SCORE now switched to the model the CRA used requiring they go to a location. The program was not free and staff would address the issue. Vice Chair Ross pointed out other comments were they would not change anything and there were positive comments. Chair Rodriguez acknowledged positive comments showed some aspects were effective. He suggested, if approached, the Chamber of Commerce may have a volunteer available. It was noted no motion was needed, The item was for information, The Board mentioned issues who would find a remedy for within 60 days. Ms. Bright noted the program was a CRA program and was created with the TED Center. Any changes made would come from the CRA, XII. New Business: A. Presentation of Audited Financial Statements for FY 2008-2009 - TABLED April 13, 2010 ...- 18 (' (' r..... . Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 Motion Mr, Hay moved to remove the item from the table. Mr. Orlove seconded the motion. The motion passed, Susan Harris, Finance Director, reviewed the financial statements. She explained an auditor applies Government Accounting Standards to municipalities and special districts. They review financial statements to ensure: · They are presented fairly and accurately . They are in compliance with the laws, regulations and procedures in place . That they have intemalcontrols both in terms of financial processes and procedures . That they have other items such as Human Resource and Procurement procedures. The first few pages of the report were the, Auditors Report which reflected a clean audit indicating the CRA's financial statements were fair and accurate. They were in compliance with applicable laws and regulations, and there were no new audit findings for the fiscal year ending September 30, 2009, The CRA had strong balance sheets, assets that exceeded liabilities by $8M, their cash position was strong and they were able to fund the October through December period before the Tax Increment Financing (TIF) Revenues were received. They have one revenue stream coming in during mid-to- late December. Based on their fund balance, the Agency was in a position to fund the October through December period again this year. There was a roll over of $490,000 from the last fiscal year which the Board designated for three or four different projects which were the Children's Schoolhouse Amphitheater, the Marina signage, the Jones cottage and Magnuson House and commercial build-out. The prior year's audit findings were reviewed and cleared by the Auditor and no new audit findings for last fiscal year. Chair Rodriguez had questions regarding the cover sheet which indicated the audit was designated to express an opinion on the 2009 basic financial statement. It indicated they were not engaged in an audit of internal controls over financial reporting, Ms. Harris explained the financial reporting being referenced was the auditor does not audit whether the CRA submits the report to their governing body in a timely fashion, It was the submission timeline of all the financial reporting. They do not audit whether the CRA presents the report to the Auditor General within the tirneline required and they do not audit whether they comply with the Bond continuing disclosures. Ms. Harris advised she handles what reports they need to provide and the timeline. The Auditor audits how they handle cash, accounts payable and those types of things. 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 Internal controls are handled by a financial consultant who reports to Ms. Harris. The consultant also meets with Ms. Bright quarterty to advise if staff had failed in any area or handled the cash improperly. This methodology would ensure the Agency would not have any missing funds for more than three months. Motion Mr. Orlove moved to accept the Financial Statement for 2008/2009. Vice Chair Ross seconded the motion, The motion passed. B. Consideration of Purchase of Vacant Lot at NW 6th Avenue for $20,000 Ms, Bright explained this item was part of the Urban Infill program, which assists the CRA Police Officers. It assisted with building homes and having additional surveillance in the area. She supported staff's request to use $20,000 of Heart of Boynton funds to purchase the lot and include in the RFP they would build single-family homes on it. Motion Mr. Hay moved to approve. Mr. Holzman seconded the motion. The motion passed. C, Consideration of an RFP for Four Vacant Lots within HOB Ms. Bright announced this item was previously discussed with the City and CRA Land Swap agreement. The CRA owned one lot on 10th across from St. Paul AME and two on 11th. The Board just approved NW 6th. Staff wanted to assemble the land and issue an RFP and see what type of response they receive for single-family development housing with the Heart of Boynton area. There was an inquiry why they would issue an RFP for four lots now and another 11 later. Ms, Bright explained it had to do with zoning, Portions were commercial and some were residential. That issue needed to be decided in order to detennine how to structure an RFP. This request was less complicated; it was strictly single-family residential housing. Motion Mr. Hay moved to approve. Mr. Holzman seconded the motion. The motion passed. D. Consideration of Options on Mortgage Foreclosure-HAP Recipient Shonae Trotman Attorney Cherof explained the item was a foreclosure proceeding which arose from the HAP funds. The property owner stands in second place to the mortgage. The options were to file an answer only. If this occurred and there were funds left over, the CRA would realize some or all of the funds. 20 r Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 The second option was to file an answer and cross claim in which the CRA would sue the property owner and bank foreclosure. They could possibly recover the money through the foreclosure and could pursue a personal judgment against property owner which they may recover funds. It was very unlikely this option would result in a benefit to the CRA. It cost more to pursue Option 2 as opposed to Option 1, It was noted the value of the property was unknown. Mr. Holzman felt Option 2 was the viable option. There was discussion about the Board having an obligation to try to collect. The only cost involved was to file the cross claim. Legal has a boilerplate document so there would be no additional attorney's fees in asserting the cross-claim. Attorney Cherof requested if the Board decided on Option 2, to note this was the way they would respond to future actions without having to come before the Board. Ordinarily they would just file an answer, but they've been coming forward one by one because of the concerns abouf the difficult economic environment and the ability to recover monies, He felt, as a policy, they would follow the same procedure unless the Board directed otherwise by policy, (' Attorney Cherof explained he would only bring forward items that had extraordinary or catastrophic family circumstances which caused the default, as opposed to the recipient obtaining the funds in order to purchase an item they should not have probably bought in the first place, Motion Mr. Hay moved to approve Option 2. Mr. Holzman seconded the motion. The motion passed. Motion Mr. Holzman moved to direct the attorney that in all similar occasions to pursue Option 2 as stated in the report as policy. Vice Chair Ross seconded the motion. The motion passed. Attorney Cherof explained the policy would be followed and only items with unique circumstances to the case would be brought forward. E. Administrative Fee Policy Chair Rodriguez explained at the last meeting, there was discussion about the 1 %, no percent and a motion to change the policy to not charge Intercity organizations an administrative fee. That policy was amended to reflect no fees between the City and CRA. Attorney Cherof had explained a separate motion was needed as a policy direction. r 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 Ms. Bright inquired if this was applicable strictly to grant administration. Chair Rodriguez explained it pertained only to grants, not tangible services. Mr. Holzman thought it might be difficult to make a policy decision because different grants have different administrative requirements. It could put the Board in a corner and he was concerned about a broad blanket policy being made. Chair Rodriguez felt any fees charged to each other would reduce the amount and would detract from the end result of the grant. A policy fee could be set. Ms, Bright explained the prior conversation had extraordinary circumstances. Staff typically did not do enter into joint grants, and they were not adverse to them, but she noted the City had the standard practice of 10% coming off the top. It was emphasized this was only for intra-agency grants and only as it related to the City and CRA. Vice Chair Ross explained it would be a reciprocal practice. Chair Rodriguez spoke with the City Manager and he was okay with the concept. It was unknown when this type of circumstance would occur again. Ms, Bright explained it was up to the Board to decide if they wanted to establish a policy. Chair Rodriguez noted this could be of benefit with the Old High School and the situation could arise in the near future. Ms. Bright recalled with the Neighborhood Stabilization Program (NSP) funds with the - allocation in 2008 and City staff unnecessarily requested they be restricted to only use the funds for what they wanted to do. City staff charged a fee with the NSP 1 funds and told the CRA they did not want to do the work on the Davis Bacon analysis, so the CRA had to layout more money. The issue boiled down to fiduciary responsibilities and as long as it is unilateral there was no issue. The CRA was unable to activate the grant because of the unwillingness of the City staff to work with the CRA staff. Mr. Hay's position was to move forward with it. Chair Rodriguez commented they could approve it now and then approve it on the City Commission level. There was agreement a unilateral reciprocal agreement was acceptable. Motion Mr. Orlove moved to approve an administrative fee policy that would mean that any administrative fees incurred by the CRA or the City would be waived specific to grants. Mr. Holzman seconded. Mr. Hay received confirmation the motion provided for a mutual waiver. Attorney Cherof explained if any further improvements were needed, they would be made before it was presented to the City Commission, 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 11, 2010 Vote The motion passed, XIII. Future Agenda Items A. Request for Proposal for Multifamily Project on Martin Luther King B. Land Lease between City and CRA for Ruth Jones Cottage C. Land Use and Zoning Ruth Jones Cottage 0, Children's Schoolhouse Amphitheater E. Marina Signage Entryway Feature F, Revised Marina Dockage Lease Agreement XIV. Adjournment There being no further business to discuss, the meeting properly adjourned at 9:03 p.m. ~(Ltj~/L1J~ Gl.tUJ..L- Catherine Cherry 0 Recording Secretary 051310 23 1IJ1~~Y~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 8, 2010 I X I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Changes to April13, 2010 CRA Board Meeting Minutes SUMMARY: . The April 13, 2010 CRA Agenda contained the following Consent items (copy of Agenda attached): 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 . The April 13, 2010 CRA Minutes incorrectly stated that the above listed items were from the Residential Improvement Program and in the amount of $20,000 (copy of the Minutes attached). . At the May 11,2010 CRA Meeting the Executive Director requested that the April 13, 2010 Minutes be corrected to reflect that funding was for the Homebuyers Assistance Program. . The May 11, 2010 CRA Minutes reflect the correction of the Program but not the appropriate funding amounts (copy of the Minutes attached). · The April 13, 2010 CRA Minutes need to reflect the appropriate amount of funding for the specific applicant (as shown above). FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: HAP Program T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2009 - 2010 Board MeetingsI06-08-10 MeetinglChanges to April 13, 2010 Minutes.doc 1IJ1~~Y~Te~leRA . East Side-West Side-Seaside Renaissance RECOMMENDATIONS: Change the April 13, 2010 CRA Minutes to reflect the approval of the following: Approval of Funding $48,800 from the Homebuyers Assistance Program to Jermain & Willie Fashaw Approval of Funding $37,500 from the Homebuyers Assistance Program to Valencia Spells- Anderson Approval of Funding $50,000 from Homebuyers Assistance Program to Charlene Edwards Approval of Funding $50,000 from Homebuyers Assistance Program to Kendra Rahming T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetlng\FY 2009 - 2010 Board MeetingsI06-08-10 Mee\lnglChanges to Apn113, 2010 Minutes doc ~!I~~Y~Te~ eRA ill East SideN West SideNSeaside Renaissance 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. 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 CRA Board XVII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. Meeting Minutes Community Redevelopment Agency Board ~nton Beach, Florida AprIl 13, 2010 bring chairs and blankets, and food and beverages would be available for purchase. No pets would be permitted. Ms. Bisculti extended an offer to provide Messrs. Orlove and Holzman, the new Board members, with a tour of the concert and event venues, Including the Holiday Parade and Fourth of July celebration. VI. Consent Agenda A. Approval of Minutes - CRA Board Meeting - March 15, 2010 This Item was pulled for discussion by Ms. Bright. B. Approval of Period Ended March 31, 2010 - Financial Report C. Approval of Supporting the Boynton Bach All-Star Cheerleaders ThIs Item was pulled for discussion by Chair Rodriguez. D. Approval of Business Signage Improvement Grant to South Florida Mastercraft: This Item was pulled for discussion by Ms. Bright. 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. Alme and Joanne Jean Noel G. Approval of Funding up to $20,000 from the Residential Improvement Program to Homero and Rlomena Resendez H. Approval of Funding up to $20,000 from the Residential Improvement Program to LessIe Sherman 1. Approval of Funding up to $20,000 from the Residential Improvement Program to Shari Tellman J. Approval of Funding up to $20,000 from the Residential Improvement Program to Jermeln . WIllIe FI..w 3 Meeting Minutes Community Redevelopment Agency Board ~nton BelIch, Florida April 13, 2010 K. Approval of Funding up to $20,000 from the Restdentlel Improvement Program to V~ SpeIs-Anderson L. Approval of FundIng up to $20,000 from the Residential Improvement Program to Cheriene Edwards M. Approval of Funding up to $20,000 from the RtJtdentlet Improvement Program to Kendra Rahming VII. Pulled Consent Agenda Items: A. Approval of Minutes - CRA Board Meeting - March 15, 2010 Ms. Bright indicated that on page 18 of the minutes a discussion had ensued with regard to presentation requests at CRA events. The motion read as follows: "Mr. Rcx:lrlguez moved to approve the recommendation with the clarification on the political non-profits." The motion was seconded by Ms. Ross. WhtIe the motion faHed 2-3, the minutes incorrectly indicated it had passed 3-2. Additionally, Mr. Weiland was not included with the dissenting voters. Chair Rodriquez had supported the recommendation as the intent was to attract people to the downtown area and staffs request would have negated the Intent. Motion Vice Chair Hay moved to approve as modified. Ms. Ross seconded the motion that passed unanimously. C. Approval of Supporting the Boynton Beach AU-Star Cheerleaders This item was pulled by Chair Rodriguez. Ms. Bright Indicated the request had been given to her pursuant to the CRA's Procurement Policy, and she brought the request forward for the Board's consideration. Chair Rodriguez advised the Mayor's Challenge- Commit 28 Rt Walk was slated for May 8, 2010, and it was Intended the Cheerleaders be Invited to cheer on the walkers as they made their way through the downtown area. He suggested a motion be made to grant the funding while requesting the support of the Cheerleaders during the walk. It was Ms. Brtghfs understanding that the Cheerleaders had already Indicated their willingness to assist In the Mayor's Chalfenge, and this had been verified by Ms. Biscuiti. 4 Meeting Minutes Community Redevelopment Agency Board ~nton Beach, Florida April 1], 2010 Motion Mr. Holzman moved to go forward with the addition that the 0leerIeaders help with the Mayor's Walk and cheer on all the walkers. Mr. Orlove seconded the motion that passed unanimously. D. Approval of Business Signage Improvement Grant to South Florida Mastercraft This Item was pulled by Ms. Bright. Mike Simon, Development Director, explained the Item related to the approval of a Business S1gnage Improvement Grant application for JR Watersports, Inc., doing business as South Florida Mastercraft, for the signage on the property located at 725 N. Federal Highway. South Florida Mastercraft had taken over the building and opened a new business, taking advantage of the CRA's Commercial F~ Improvement Grant Program. The grant provided matching funds of up to $1,500 for the Installation of s1gnage for new or expanding businesses. The applicant had met all the qualifications. However, under the terms of the grant guidelines, payment for and approval of the s1gnage was required prior to Installation. The applicant had the slgnage Installed on April att'. If the signage had not been Installed on that date, a two-week delay would have resulted relating to the availability of the bucket truck and the City's permitting process. The delay would have adversely affected the grant application. The grant opportunity had only recently been made available and It had been difficult for the applicant to comply with the criteria. As Mr. Simon felt tlmeframe issues would continue to surface, he suggested the Board modify the program. As another option, the Board could agree to a waiver and approve the grant. He noted, however, the Board had shied away from waivers In the past, opting instead to address program deficiencies by establishing new guidelines. Mr. Simon inquired whether the Board would prefer to deny the application and have staff present revised program guldetines for review at the next meeting. Chair Rodriguez pointed out the applicant had already paid for the slgnage, and he suggested the matter be tabled and that program revisions be brought before the Board at the next meeting. Vice Clair Hay supported tabling the item and bringing It back. for further review. Mr. Holzman offered an altematlve option to approve the grant with a waiver and place the Item on the agenda for the next meeting. 5 Meeting Minutes Community Redevelopment Agency Board ~ton Bueh, Florida ApriI!3, 2010 Ms. Bright commented several people had difficulty complying with the criteria of the program. She offered to provide a comprehensive list of the individuals, as Mastercraft was not the only applicant caught In the crossfire. Mr. Simon beHeved revisions would result In a more efficiently-run program. Chair Rodriguez suggested the Board be given a "heads-up" prior to a meeting If a recommendation proposed by staff was not on the agenda. Ms. BrIght aax*>glzed, noting she learned of the Issue after the agenda had been prepared and felt obligated to pull the Item. Motion Vice Chair Hay moved to table and bring back a revised slgnage policy. Mr. Holzman seconded the motion that passed unanimously. Staff would provide a comprehensive list and recommendations for amending the program at the next meeting. Attorney Olerof recommended a separate motion be made approving the consent agenda Items that had not been pulled. McIIIGn Ms. Ross ~ to approve the consent ...... ItemS that were not puled. Vice Mayor Hay seconded the motb11t11t passed unaAfmouSIy. VIII. Information Only: A. Explanation of Small Business program Scoring Matrix IX. Public Comments: (Note: comments are limited to three minutes in duration) Herb SUss, 1711 Woodfern, expressed concern for the residents of the Preserve development. It was determined the Preserve, which was funded by the CRA In the amount of $2.5 million, had problems with defective Chinese drywall, and he hoped the Issue could be resolved. He beHeved the federal government was recommending removal of the Chinese drywall and Inquired whether the City or the CRA would help finance the removal. Ms. Bright responded she had previously addressed the concerns of Mr. Suss at a aty Commission meeting. She noted the CRA had not invested $2.5 mUtlon in the development, but had provided assistance of approximately $1 million in home subsidy 6 Meeting Minutes Community Redevelopment Agency Board ~nton Beach, FL B. Movies on the Ave. - June 4th The Blind Side liar 11,2010 The Blind Side, starring Sandra Bullock, would be aired June 4th. The film was rated PG-13. No pets were allowed and parking was avaifable. It was noted the Movies on the Ave. had become a favorite venue for the local residents. It was noted the movie was the .st In this year's series. VII. Con.ent Agenda: A. Approval of Minutes - CRA Board Meeting April 13, 2010 This item was pulled by Ms. Bright. B. Approval of Period Ended April 30, 2010 Financial Report This item was pulled by Mr. Holzman c. Approval of the Mayor's Boynton Harbor Marina Slip Tenant Meeting This item was pulled by Mr. Hay. D. Approval of Commercial Fac;ade Grant to Janashpa Ent. d/b/a McDonald's Restaurant E. Approval of Commercial Rent Subsidy Grant to Tsunami Subs & Wraps F. Approval of Commercial Interior Build-out Grant to Doubleptay Media, Inc. This item was pulled by Chair Rodriguez G. Approval of Commercial Rent Subsidy Grant to Doubleplay Media, Inc. VIII. Pulled Con.ent Agenda Items: A. Approval of Minutes - CRA Board MeetIng April 13, 2010 Ms. Bright noted . oIerioaI error in the minutes. The program pertaining to Items J through M was the Homebuyer's Auiatence Program. The minutea reflected the program .. the ReafdentialImprovement Grantl. Mr. Holzman noted the motion on page 21 was "that the BOIud select the Auburn Development Company to implement the Heart of Boynton vision". He felt the motton should be "to approve selection of Auburn Development to begin negotiations on a purchase agreement." .s opposed to selecting Auburn Development to implement the Heart of Boynton. 6 Meeting Minutes Community Redevelopment Agency Board ~nton Beach, FL May 11, 2010 Attorney Cherot felt the clarification was beneficial, and in addition to the language. he recommended adding, "and to commence negotiations." to the motion. MetIon Mr. Holzman moved to approve the minutes .. amended. Mr. Hay seoonded the motion. The motion paned. B. Approval ot Period Ended April 30, 2010 Financial Report Mr. Holzman inquired about the car allotment He noted there was a $5,400 allotment for cars. It was noted the Assistant, and the Executive Director each had a $5,400 car alfowance. Motion Mr. Orlove moved to approve the Financial Report. VICe Chair Ross seconded the motion. The motion passed. C. Approval of the Mayor's Boynton Harbor Marina Stip Tenant Meeting Mr. Hay Inquired about the Boynton Harbor Slip Tenant Marina meeting. He noted each Board member could go to the CRA, make inquiries and receive information. He inquired from legal counsel about the properness of the Mayor giving direction to staff to take action on the Item. He felt that action was more than fact finding. Chair Rodriguez explained the meeting was fact finding. A brainstorming session was held and issues and actions were identified. Chair Rodriguez advised he was clear with staff that any issue that required them to take action would need approval by the Board. It was noted the agenda did not reflect Chair Rodriguez' directives to staff and he agreed It required Board approval. Staff had not commenced with any of the directives. Mr. Hay requested the Legal Department's comments. Attorney Cherof expfained the members each have independent authority to engage in activities and obtain information. Some members caR staff or meet with them or constituents in the area. There was no clear line....hed in this regard. However, the Board could establish one. There were Rules of Governance which could be brought back to the Board. It was thought the current Boerd had not reviewed tho8e rules which were Intended to provide guidetinel AI(IaI'ding the role of the Board and staff. Attorney Cherof suggested it be added it to the next agenda. He comm.nted the Board may want to gov.rn dtfferently than the previous Board, or govern dttferentty as the process of transitlonlng to the new Board began. Attorney Cherof .xp....sed his perception was the Board wanted the traneition to occur with control. It was up to the Board to estabtish parameters. He suggested allowing e8Ch of the Board members to have some discretion how they gathered information. Mr. Hay thought It would be 7 I!lII~qY~Te~ C . East Side-West S',de-Seas',de Rena',ssance eRA BOARD MEETING OF: June 8,2010 I 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 May 31, 2010. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve May financials. ~ V- ih,'<tLtJr IS nght Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\06-08-10 Meeting\Financial Report.doc I ....... 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'<l' p., tIJ ~ ~ N , ~ ril ~ , p., ::r: un N ril E-< 0 fi1 0 E-< P 0 E-< CRA BOARD MEETING OF: June 8, 2010 I X I Consent Agenda I I Old Business I I New Business Legal Other SUBJECT: Economic Development Programs - Budget Reallocation SUMMARY: . January 12,2010 - CRA Board approved a $50,000 pool of funds for three different commercial Economic Development Programs. . To date, $36,600 has been awarded: 1. Beachcomber Sales, Inc.-Rent Subsidy, $7,200 2. Tsunami Subs & Wraps-Rent Subsidy, $7,200 3. Doubleplay Media, Inc.-Rent Subsidy, $7,200 4. Doubleplay Media, Inc.-Interior Build-Out, $15,000 . The CRA has leased a total square footage area of 3, 769sf. . The eRA has assisted in the creation of nine (9) jobs since January 2010 . There has been an overwhelming demand and request for the CRA' s Economic Development Programs in a mere five (5) month's of the ED program's existence. . Only $13,400 remains in the available pool of original $50,000 allocation. . An additional budget reallocation will allow the CRA Board to support existing program requests in the pipeline and make additional monies available through FY09-1 0 year end. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\06-08-10 Meeting\Budget Reallocation for Economic Development Program - for merge.doc ~.qYNTe" ~". C(',~..,e...," A "". ~' !"';' East Side.....West S.,de.....Seas.,de Rena'lssance FISCAL IMPACT: Budget Line Item - 02-58400-444-445. 446 - $50,000 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDA TIONS: Approve an internal Project Fund Budget Reallocation from The Preserve Direct Incentive Funding Agreement (DIFA)* in the amount of$50,000 to the Economic Development Programs. *CRA Staff has confirmed with the owner/developer of The Preserve project will not be drawing down entitled DIF A funds during FY09-1 O. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\06-08-10 Meeting\Budget Reallocation for Economic Development Program - for merge.doc eRA BOARD MEETING OF: June8,2010 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Flamingo Plaza application for signage (up to $1,500) on the property located at 407-415 South Federal Highway, Boynton Beach, FL SUMMARY: Behn Wilson, as agent for the owners, Frank and Patricia Maloney, of the property located at 407-415 South 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: Project Fund line item: 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Business Signage Improvement Grant for up to $1,500.00 to Flamingo Plaza r- T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompieted Agenda Item Request Forms by MeetinglFY 2009 - 2010 Board Meetingsl06-08-10 Meeting\Business Signage- Flamingo Plaza,doc "'"''"'''- """"\ ~~~~Y~Te~ eRA ill East Side-West S.,deNSeaside Renaissance 2009- 2010 Boynton Beach Community Redevelopment Agency Business Signage Improvement Grant Program Guidelines & Agreement . kA~' I 8 2010 ~ Program Regulations 1. The Applicant agrees not to alter, renovate, or demolish the new sign for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment. 2. The property owner, or tenant if applicable, must complete the 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 Regulations 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA' s funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of; (1) Project accounting including invoices, receipts or other acceptable evidence of payment the licensed contractor(s) that have been marked "paid" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check; or credit card receipt (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontractors, labor, materials, related fees and permits, and (3) the Application for re-imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application. Initial~ 3. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for after the Grant Application has been approved by the CRA Board. 4. Grantees may not submit signage improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Business Signage Improvement Grant program will only honor new expenditures that have not been submitted under other grant programs. The Business Signage Improvement program may only be used one time in any three year period for anyone business entity or applicant. Property Owner(s) or Tenant (if applicable) may re- apply for additional grants any time after three (3) years from previous grant approval. 5. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials in promoting the program SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Applicant/Tenant's Signature Date Printed Name Title ApplicantlTenant's Signature Date Printed 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 , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of , 20_. NOTARY PUBLIC My Commission Expires: 2009- 2010 Boynton Beach Community Redevelopment Agency Business Sign age Improvement Grant Program Guidelines & Agreement SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING 2 8~~~ Property Owner's Signature ' aJ-/tJ \VILSoJ Printed Name 5" . ( g, 20 I c) Date fv1-umA~L~J Afc~7 I Title Property Owner's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE :ME~ officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ~,.J \IJ \.L..."Sot-\ , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is 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 \ & 1"&.\ day of MP<1 , 201SL. ~~ ~ ho 1,0 \",.....,~" ul.r:ay DEFRAIN QJ~~' ""'" ft.: :-0% MY COMMISSION R DO 557687 . . i EXPIRES: June 10, 2010 . ';di Bonded Thru Notary Public Unde!writers 3 '~qY~T2~ A IIIIi East Side-West Side-Seaside Rena"lssance 2009-2010 Boynton Beach Community Redevelopment Agency BUSJN_ES$ SIGNAGE IMPROVEMENT GRANT PROGRAM APPLICATION FORM . I l' ,..' I (. c/,. t: () f!'~ ~~~/ ..._.....<~,., Maximum Grant Amount is $1,500.00 (Please Print or Type Only. Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Property Owner: Frank and Patricia Maloney Address of Property Owner: 407-415 South Federal Highway City/State: Boynton Beach, FL Zip Code: 33435 Phone # Day: 561-531-1310 Evening: 561-531-1310 Legal description and PCN# of the property to be improved (please attach copy of warranty deed and leas e, if applicable): Legal Owners: Frank and Patricia Maloney ... Legal Description: Property known as Flamingo Plaza. PENCES SUB NO 1 ITS 8,9 & 12 (T ,FSS N 60 FT & FLY 1895 FT os HWY NO 1 RIW) BLK A __,,_____.._.__..,._.__.__~____'____n......_u. ._____.._.___.__,._.. __'" _ - .._______.___,_____._._______.___.______.._,_~._._."..-.'-',- ---.....--.... -.-------." Name of Business: (If Different from Property Owner) Address of Business: ----_._---_.._-----_.__..._-~~--~-------_.."-- --, ------.,-.--'-.---.-. City/State: . ________. Zip Code: _....."._.___._____. Phone # Day: Evening: __,.___.__.__.___.._ Type of Busi ness: __________________________________.___ _ __ .__.___ _.___..._________u. Years of Operation: ____________________.________._.__..______.. Number of Employees: Annual Payroll: Number of Employees resia...~ 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 prior to the actual work being performed or paid for in full' in order to be eligible for reimbursement under the grant. InitialsW 7. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible signage improvements up to a total of one thousand five hundred dollars ($1,500) of CRA funds. Example: Total sign costs: $1,800.00 Applicant funds expended: $1,800.00 CRA reimbursement: $ 900.00 8. The Signage Improvement Grant program may only be used one time in any 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 sign age improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 10. Disbursement of grant funds shall only occur if the following conditions are met: . CRA has received an applicant reimbursement request letter. . CRA has received copies of executed sign contracts, canceled checks (front and back); or credit card receipts as proof of payment. . CRA has received copies of final "paid in full" vendor/contractor invoices. . CRA has received copies of final inspection approvals for all permit required work. . Applicant provides four 3"x5" color "After" photos. \ Initials~~:::::") 3 APPLICATION PROCES5 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256, or online at www.boyntonbeachcra.com. 2. An original application with, all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. 3. Appropriate grant program documents will be prepared and submitted by the applicant. CRA staff will then present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month and the applicant will be notified of grant approval by regular mail. 4. The CRA will administer the Business Signage Improvement program and funding. In addition to the appropriate City building inspections, the CRA will inspect the work to determine the satisfactory completion of the work. 5. Applicant shall obtain, read and understand all aspects of the Business Signage Improvement Grant Program Agreement, including Program and Reimbursement Regulations. 6. Proposed signage must be designed in accordance with the Urban Design Guidelines (attached) . 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. REQUIRED PROJECT INFORMATION Submit the following required items along with the Application: · Project work write-up(s) describing in detail the scope of the project, · Plans or sketches of proposed signage and location including color samples and material specifications, · Third-party cost estimates from a minimum of two (2) licensed contractors, · Estimated project time line, · Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), · A minimum of four 3" x 5" color "before" photos of the project which must include all "public views", InitialsV 4 By signing this Application, I acknowledge that the information provide is true and accurate. i acknowledge that I have received, read and executed a copy of the Program Agreement and I agree to comply with its content. SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING ----------------------------------------------------------------.----------.-^- ApplicantfTenant's Signature Date -------------------------------------------------------------.--------.----.---.- Printed Name Title ----------------------------------------------------.------------------~--_.--------_.~--- ApplicantfT enant's Signature Date --------""""=-"",.,-===="--=""""-""""'-*"'=-.....,.=",...===""""""""".....",.==""""~==""'~..",.....-=""""'==-""'"'==-=~""""=--_.....-==="..,.,."""""'~,.,..,..,...=""""'<==",."...~~=-~.- Printed 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 ______________________________________________' who is personally known to me or produced __________________________________ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ____________ day of _____________________, 20___- NOTARY PUBLIC ==-~~=-========~==========~ My Commission Expires: -----"--------,-_.__._--_._._-_..__._.._-~_.."--_._-_.-- 5 ~) r~~ ------------1?a~~. _7~_____________p _____B_~ ~___~_l ~J___________________~~cL~k~--- Printed Name Title Property Owner's Signature Date Printed 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 __~~_~\ \.,...So..l , who is Der~nn;:!lIy ko@n t(L mfl 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 ___je..~~__ day of ___t'"..ftL_________, 20-LQ.. NOTARY PUBLIC ~~Pires:------- ____ b L1 0 /20..1-'=____ "", :"..!<O~ MARY DEfRAIN I <': ~,.\ MY COMMISSION' DD 557687;; . · EXPIRES: June 10,2010 ;. Bonded Thru NoIary PLbIlc Underwrite" ' ' ,.;:.. ~ 6 Exhibit A FLAMINGO PLAZA 407 S Federal Highway Boynton Beach, FL 33435. BUSINESS SIGNAGE IMPROVEMENT PROJECT May 18, 2010 It is our mission and purpose to enhance the curb appeal of Flamingo Plaza in Boynton Beach, FL through modifications in the existing street signage to achieve the following results: . Reflect current trends in design and lighting. . Maintain consistency between building signage and street signage. . Support they City of Boynton Beach's regulatory and code requirements for signage . Further enhance the beauty of this unique shopping center.. Such improvements will be implemented as per the attached diagram, and will be managed by Third Street Signs and submitted and approved for permit by the City of Boynton Beach. A detail listing of the project plan is as follows: 1. Rework the existing free standing sign per attached drawing. 2. Remove all faces and dispose as needed 3. Replace ballasts as needed 4. Replace switch & clock 5. Replace all lamps 6. Paint cabinet and returners using Sherwin Williams color: wool stein to maintain consistency with the exterior renovations completed in May 2010. 7. Add new decorate topper 8. Add pole cover 9. Add dimensional elements to both sides and To facilitate a clear representation of the signage project planned, the following are included as supporting documentation: 1. Photos of the upgraded shopping center with existing signage lof2 2. A pictorial diagram highlighting both the existing and the proposed new signage - street view 3. Proposed quotes from 2 signage contractors. The renovation project is to be completed in accordance with the proposed quote for an estimated contract price of $6,679.06. A copy of the selected constructor's bid is attached. Signage construction will begin immediately upon approval with an estimated timeline of two weeks to complete construction, painting and signage. Timeframe excludes permitting and inspection time. 20f2 January 2,2010 To whom it may concern: I, Patricia Maloney. give full authority to Behn Wilson to sign as agent for any matters involving the commercial property located at 407-415 S. Federal Highway in Boynton Beach, FL (Flamingo Plaza). -; . -~~~1 ..' .- />)." I /L-L_ --------- -~,~~,./ i{;{t{{J:.:9W,---:/ Patricia . aloney f \ l .'., ,-, The following instrument was acknowledged before me this 2nd day of January, 2010, by Patricia B. Maloney, who is personally known to me. _.~___.~.___.__~_______.__.___ ~_.___'______._.._.__' ._..~ - _________ - .._______.M.._ (i) NARYDEFRAIN . ~ MY COMMISSION' DO 557687 ~ : - EXPIRES: June 10, 2010 . BondedThru NalIIy Nlic lJndenidIBn; .\ .. I /[ S:j' /,~-4.... L- ,r-' ". 1 ~ ., .' Flamingo Plaza P.O. Box 418 Boynton Beac/1, FL 33425 561-531-1310 Modern Media 561-967-7631 q~g c:. ~ r. 11~'-lJlaJ ..................~~. ....... Date: 5/11/2010 WfD. fL '0.34-\ Job Number: V , TO: Flamingo Plaza Boynton Beach, FI We are pleased to submit the fof/owing bid: Job Description: Up date pole sign MA TERIALS Price valid until: 8/11/2010 Third Street Si ns 561.374.9111 Date: Job Number: May 20, 2010 10291 TO: Flamingo Plaza DESCRIPTION Rework,existingfre~standing sign per,drawing: Re.m.6ye:ali:(~~a.~~: d.1$ppse :..::...:'..""" ,. .,.""", Replace ballasts as needed Re.pl~~e.~Wj~h8nH.i6ciC ' Replace all lamps f?alhtcablheta t~t~ Iriers(Cdlb rtb: bedetermjned) dd new decorative topper tldpQI~,~di.>$r:........'::..:.' . dd dimensional elements to both sides of cover EI$GtijgW~ciwitHjH.l?':or~iQn .PY:QW$tpri1~r:' . UNIT PRICE I 5,871.421 .... ................... ..: . ":::::::::::::/>: I I ! 400001 I ! I L Tax rate % Subtotal Tax Total r r .., \ ~~:11~ ~~~~ ~~t3 .... .... ....==- c-:t _ :::!=-- &M ii!1:::I c-:t!; =eoo !iii! .... 1::1 - iiii!! .... -a :a - c-:t .... c-:t ..... .... :a=a iiii!! .... :a eM>> r;D. 00 00 00 .... ~ :e iii!! I ~ c :u c -u:um:u :u ~ S )lo ~ _ rn :E m Z 2J Z C C) .. tD tD ~ ~ ~5: N1:) tD (J) 'N' ~ ~ () ~ ~ _ 0 0 o ~ ~ ~ - ~ )i r- ~ o " ~ ~ ;COO m~" ~Z;C oom ;czm "G) (l\ )( ...... tJl ~ ~ -u :u o "" ~ ~ ~~ ~2 ~ CI:J ~ ~ ~ ." = = r- ~ CI:J ~_ ~ II .,.,11 \ c,t ,.,., I ~ ~ ~ CI:J 5 :! g: CI:J Z ~ ~~ = ~ c>> I ~ .- I~ ~ I < i I ~I I ~ m I Zl i ~ ~ I I - '0 - - 0 I 0 0 - ":i: ~ > 0 :D 0 0 CIl " :D m :D ~ 0 " )> :S )> ill > ~ :e CIl :e .. :;; < z ~ z 00 m C) .. o:J o Z ~ va o:J C VI N ~ ~ ~ ':::: en 'i'3 ~ !:l.g()~1I .. ....... ........ 00. - o N '0 - U) :;o_ m ~1 <)>"f1j <z,;J oem .,.,-m AJZ A^ ;~JI " :D o t.. ~ ~ ~~ ::b~ N- ))~ eRA BOARD MEETING OF: June 8, 2010 I x I Consent Agenda I I Old Business I I New Business Legal Other SUBJECT: Commercial Rent Subsidy Program Grant award for SGVK, Inc. d/b/a Boynton Realty SUMMARY: The Commercial Rent Subsidy Grant Application and Guidelines provide eligible new or existing businesses with rent payment assistance for a maximum period of twelve months within the first eighteen months of a multi-year lease. The Commercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy for up to half of the business's monthly rent or $600.00 per month (whichever is less) for the first twelve months of a multi-year lease. The maximum total subsidy per business is $7,200.00. SGVK, Inc. d/b/a Boynton Realty is an established real estate company relocating to Las Ventanas, 319 Woolbright Road, Boynton Beach from 210 NE 3rd Street, Boynton Beach, FL. SGVK, Inc. d/b/a meets the eligibility requirements and all standards for financial risk assessment under program guidelines (see attached analysis). FISCAL IMP ACT: Project Fund Budget Line Item 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDA TIONS: Approve a Commercial Rent Subsidy Program Grant award to SGVK, Inc., not to exceed $7,200.00. ~~ II '~t . a Bright (1 Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\06-08-10 Meeting\Rent Subsidy - Boynton Realty.doc ,~ I!lR~Te~ eRA iIIIi East SideN West SideNSeaside Renaissance M'l ' ' 2009_2010:''1 2 "UIO r!//: Boynton Beach Community Redevelopment Agency , ~{J Commercial Rent Subsidy Program WIlL The Commercial Rent Subsidy Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA District. The program is designed to provide fmancial assistance to new and existing businesses in the form of a rent subsidy intended to help businesses during the critical first year of operation. Proe;ram The Commercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy of for up to half ofthe business's monthly rent or $600.00 per month (whichever is less) for the first twelve months of a multi-year lease. The maximum total subsidy per business is $7,200.00. Commercial Rent Subsidy Program funding may be budgeted annually and awarded on a first- come, first-served basis. All applications are subject to CRA Board approval. Making application to the program is not a guarantee of funding. Elie:ibilitv Reauirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Rent Subsidy Program: 1. The business must be located within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for more than three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have an executed multi-year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W-2 or 1099 contracted employees whose wages are reported to the state and federal government; a Page 1 of4 T:\PROGRAMS & GRANTS\Commercial Rent Subsidy Program\Approved Commercial Rent Subsidy Guidelines,doc position occupied by the business owner may count toward one of the required job positions. The following businesses will be considered automatically ineligible for assistance under the Commercial Rent Subsidy Program: a. Businesses that employ less than two full-time equivalent W -2 employees or 1099 contracted employees. b. Businesses who do not report employees' wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment" use, d. New businesses using a D/B/A that has been used by another business within the past twelve (12) months, Grant Terms and Conditions A commercial lease must define the landlord-tenant relationship and at minimum provide the following information: o A description of the space being rented including square footage and a drawing of the space, o Description of utilities that the tenant is responsible for, o Rental rate and deposits along with terms of lease and methodology for future rent increases. o Responsible party for interior and exterior repairs and/or improvements. o Insurance requirements. o Conditions of Lease termination. o Consequences of default on the lease. Rent subsidies will not be paid until all construction has ended, occupational license is issued and the business in open for operation. The CRA will issue reimbursement to the applicant directly for the monthly rent payment made to the Landlord upon receipt and verification that the payment as been cleared by the ban1e 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 Commercial Rent Subsidy program may only be used one time by anyone specific business entity or business owner Page 2 of4 T:\PROGRAMS & GRANTS\Commercial Rent Subsidy Program\Approved Commercial Rent Subsidy Guidelines,doc The CRA reserves the right to approve or deny any Commercial Rent Subsidy Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the CRA District. The receipt of past payments is not a guarantee of future subsidy payments. Procedures for Auplication and Apuroval 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: o Completed and signed application. o Copy of all business and occupational licenses. o Copy of the corporate documents for the applying business entity. o Copy of executed multi-year commercial lease agreement. o Landlord SSN or Tax ID. o Business plan, including executive summary and three-year financial projections of revenues and expenses. o Two (2) years of audited financials and corporate tax returns (for existing businesses only). o Two (2) years of tax returns for the owners of a new business. o Qualifications, experience and track records of business owners. o List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. Approval of Funding Request - Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month and staff will notify the applicant and landlord of approval or denial in writing. Rent Subsidy Payments - Rent Subsidy payments will begin at the beginning of the first full month that the business is open for operations subsequent to CRA Board approval. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant. Page 3 of 4 T:\PROGRAMS & GRANTS\Commercial Rent Subsidy Program\Approved Commercial Rent Subsidy Guidelines.doc 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 Reporting - By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with each quarterly Florida Department of Revenue Employers Quarterly Report (UCT -6) during the time period the subsidy payments are being made. Failure to provide the reports to the CRA within two weeks of the date they are submitted to the Department of Revenue will result in immediate disqualification from the Program. Discontinuation of Payment - The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent subsidy payments at any time according to its sole and absolute discretion. Page 4 of 4 T:\PROGRAMS & GRANTS\Commercial Rent Subsidy Program\Approved Commercial Rent Subsidy Guidelines,doc ....tjl~y~e~ eRA ~ East SirleN 'Nest SldeNSeaslde Renaissance APR 20 20m 2009-2010 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy PI'ogt'am Application ~~,-,o r (please. Type. 01' Print Onl)' - Use Additional Sheets jf Necessllr}') Applicant Name: 8 h "'{ r- o~J h-C'c-e_0;r. Do you have an executed lease agreement: Yes Landlord Name: ~ ~ urt ~ Landlord SSN/ElN: Landlord's Mailing Address: C;:;I' cL "c.\ .11 Bus:"e" Name (DIBI A1f .PPlicable):t~ ~ ~~;~.) 73" 4d" Re.d+~ - ti1>~ <:J BUSllleSSAdBs~g~j:~~~A~~(~ ~/~ \ Phone: SG-, J .73) - 003'1 Fax: s: b j - 73 ) - Lj bd 2, ) ) eb \ Fed 10# b S ~ 0 S '( "7 . G "- '70 11; '1, ~ Pj7Cf,'30 To\-~ L L-Qs V{>Ki-t\V\CL~ . ~ '\i -<.oc;::-. f"'./) , ~U~{) ~^/e ~') 6 Email: wa, s tl,lis business previously loca~ed at another site: Yes Dates:;).66/ --. C,-, r P WD - Previous Business Addres~ (ifapp~ab1e): ",:;? I () No Nevv Business: Yes Type ofBusiness:~ E. A.) S+ No €,S)ItT~. Number of Employees: Hours of Operation: Are ybu applying for grant assistance und.er any other program offered by the eRA: . YesL No_ IfX,ees, \\~hat additional rograms ar;.e you applying for: t _ ___ ~D U ) Boynton Beach Community Redevelopment Agency 915 S. Fedel'al Highway, Boynton Beach, FL 33435 Oftlce: 561-137-3256 Fax: 561-737-3258 Page lof4 Are you receiving grant assistance from any other governmental agencies: Yes ___ No :1.____ If yes, list any aditional grant sources and amounts: _______________ CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in suppOt1 of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false infonnation. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the eRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute detelmination it feels stich assistance no longer meets the program criteria or is no longer benefiting the furtherance of the eRA missioll. 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 pennission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application, I give permission to the eRA or its agents to take photos of myself and business to be used to promote the program, I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. {'I 11 V, I} "'._"'. , "\ .-.J(..,_ Applicant/Tenant; s ignatur~.j SL .' G-,..... .,(...\, \ ~ Y\ I?\ r (:.'J \ c::.. '=- v /c.._______ Printed Name 3~;{b)O Date, '--2)' ! . ..,___1;:5 \ 0 k ~J' / () UJ ~-<r'" Tide - - ApplicantITenant's Signature Date --------- '-.....,~---- Printed Name Title Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page 2 of 4 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly au ized by aw to administer oaths and take acknowl~ements, personally appeareq Vl e. V ' , who is (E;rsonally known to me o~ produced L.. .. - - -0 as identificatIOn, and acknowledged 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 FO~f?,ING, I have set my hand and official seal in the State and County aforesaid on this ~ day of ~ ' 20~. ~I~ dad lit .. . x rres: ~~er's i~aUrre , K{,v-,,- Print Name Property Owner's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF P~'\f.H ~KA.<CH ~ ce..... BEFORE ME, an officer duly authorized by law to administer oaths and take Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page 3 of 4 acknowledgements, personally appeared ~l..... D, \~I/;" _____~_~ --- who is personally known to me or produced fJ__ ______ 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 FORE~G, I have set my hand and official seal in the State and County aforesaid on this I ~ --- day of _~~---' 20 (0 ~\\\\\\lII/"ill'l. ~\'... \I-~ K. HE; 1IIIk ~ ~O ........ :.9.-9M:~ * ...0\11\11\8810....;.. '~~ ~ . CJ 13 ",,",'. ~ - .'_~ .,.,,<:o.c '<0 ,"<<:\'. ':::- ~*:~ ~~*'. ~ ::: .. en::' :%.: .... :* E ~ <3. \ HDD 783837 : ~ ~~.~ &- - . ~~ ~~.J-:..~~dthru.""\""~...S$ ,;;. '(.; ....VO!lcUnd9'....;o. <:)"s ~J9(lic........~'(~-.:f' 'III' :/ STATE. '-' \\,\i. "'alllI!H\\\\'''' - y Co~ission Expires: :r '--) Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page 4 of4 Boynton Beach Realty Risk Analysis for 65 40 26 85 38 32.3 Business Plan Score (50% of Total Score) 70 34 23.8 120.8 out of 200 possible 60 32 19.2 60.40% 30 29 8.7 40 27 10.8 75 20 15 80 25 20 80 23 18.4 70 15 10.5 Financials Score (50% of Total Score) 40 15 6 143.5 out of 200 possible 50 20 10 71.75% 80 17 13.6 90 10 9 50 20 10 100 10 10 80 15 12 90 10 9 Total Score I 66.08% 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,Rent Subsidy, Existing Business, Service, 2010 Pro-Forma Income Statement Boynton B_ch Realty For 2010 through 2013 (all numbers in $000) REVENUE 2010 2011 2012 2013 Gross sales $150 $156 $162 $168 Less sales returns and allowances 0 $0 $0 $0 Net Sales $150 $156 $162 $168 COST OF SALES Beginning inventory $0 Plus goods purchased I manufactured 0 0 0 0 Total Goods Available Less ending inventory 0 0 0 0 Total Cost of Goods Sold Gross Profit (Loss) $150 $156 $162 $168 OPERATING EXPENSES Selling Salaries and wages $0 $0 $0 $0 Commissions 113 117 121 126 Advertising 5 5 5 5 Depreciation 0 0 0 0 Other Sales Expense 3 3 3 3 Total Selling Expenses $120 $124 $129 $133 Generall Admin istrative Legal & Accounting $1 $1 $1 $1 Technologies 0 0 0 0 Payroll taxes 0 0 0 0 Insurance 2 2 2 2 Rent 3 3 3 3 Utilities 4 4 4 4 Depreciation & amortization 3 3 2 2 Office supplies 5 5 5 5 Travel & entertainment 1 1 1 1 Postage 0 0 0 0 Equipment maintenance & rental 2 2 2 2 Interest 0 0 0 0 Furniture & equipment 0 0 0 0 Total General/Administrative Expenses $20 $20 $20 $20 Total Operating Expenses $139 $144 $148 $153 Net Income Before Taxes $11 $12 $13 $14 Taxes on income 0 0 0 0 Net Income After Taxes $11 $12 $13 $14 Extraordinary gain or loss $0 $0 $0 $0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $11 $12 $13 $14 I x I Consent Agenda I I Old Business I I New Business Legal Other SUBJECT: Commercial Interior Build-out Grant for SGVK, Inc. d/b/a Boynton Realty SUMMARY: SGVK, Inc. d/b/a Boynton Realty is relocating to 319 Woolbright Road, Boynton Beach from 210 NE 3rd Street, Boynton Beach, FL SGVK, Inc. d/b/a Boynton Realty is eligible for $15,000 in commercial interior construction/renovation grant assistance due to the fact they meet the requirements of creating three full-time employee (FTE) positions. Each FTEjob created is worth $5,000 in funding assistance with a maximum grant award of$15,000. SGVK, Inc. d/b/a Boynton Realty has met and will exceed all standards for financial risk assessment; therefore, it is in position for long-term continuity (see attached analysis). SGVK, Inc. d/b/a Boynton Realty is an established nine-year old real estate company. FISCAL IMPACT: Project Fund Line Item 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDA TIONS: Approve a Commercial Interior Build-out Grant for SGVK, Inc. not to exceed $15,000. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\06-08-10 Meeting\lnterior Build-out - Boynton Realty.doc Are you receiving grant assistance from any other governmental agencies: Yes_ NOy"< If yes, list any aditional grant sources and amOlmts: ____ ~--,,------,------,----,-~.,---,----~------~--'----'"--,--~---~-------"--_..._------- CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build- out Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fme and/or imprisonment for making false statements or presenting false information. T further acknowledge that I have read and understand the tenDS and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Program Guidelines. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application is found to be incomplete, it will not be processed. \ ---- -- - -~- i~ Ib" (ge:i C Date, ~i'u\::Ji~' ) U 0):";10 Title / Applicant/Tenant's ignature Sh~,~o,~' Printed Name t;,c_--E- \,/ I C/ a__~_~_ __ .-..-_----. Applicant/Tenant's Signature Date ------=:;; Title Printed Name BDynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561.737.3258 Page 2 of 4 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE "ME, an officer duly au acknowledgements(personally appeared , who is personally known to me or pro uc 0 *Gb.:JI-7q~~-(,7~-D as identification, and acknowledged 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 TIlE FO~G. I have s~r and official xaI in the Smte and County aforesaid on this ~ day of , 20~. ~ My Commission Expires: 11111_~ Property Owner's Signature Date Printed Name Title Property Owner's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page 3 of 4 ~!. !.9<. 1). R.\~o- Printed Nam S-h3ho - 'date' V~CD (k'~~ Title ---~-_.,._._-- Property Owner's Signature Date ._-~-~---"-,---~'~---~~ Printed Name Title STATE OF FLORIDA COUNTY OF PM:.lIl BBAOtI O("(J/''1(!" BEFORE ME, an 0 appeared produced foregoing Agreement for the use thQrized by law to administer oaths and take acknowledgements, personally c;..... , who is personally known to me or as identification, and acknowledged he/she executed the d purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS ~ FOREGOING, I have set my hand and official seal io the State and County aforesaid on this I - day Of~ ,20 lO ,,,\\\\\\\ilill16llfl. ----. ~\,'\ ~~ \{, HEft ~il/. - ~ ':lO ....... ~~~~ ~ .:~\i",,\SS/O';;'~. <? ~ .:;;:; . v- i3 '1:(. ~ ~ .o.~ ~~'<:>-~ 'Ic?O ~eiJll ~~ .::.~ ~%D ~ =*: (f)~ -,. =z: ..... :*= ~9. '\ #DD 783837 i ~ ~"?l: -t fl...., .?J:::: '~r.p.J-'.~,>, ~ed \\11'l~<o.'.ri!: $.' ~ .0" -;I/b1ic Uodetl";- bC-' S'" ~f. </OL .......,.. ~":oS' .;11'1,,1. Ie, STKlt. q",~~ !IPI~mHH~~\~" 3 Boynton Beach eRA f '. Ii ~; i t -~-uO. ',' . ,I f 'I ;/ff , Ull.\T "."J.. 1\ \~ I ; j i ; 1!t:H ~ilE\1.1 I jm, 'O! ,1 " j i~ '~'\ \ i~!11 i i '1" ,..,,11 II~... t~: ill t. ~~<<f i . .;:; ~ ilE~f~,~;i'''E'f ~;,. lii;!;l!!i ! El~ ",_~.~.iln;~':~ ~~ .:;.:r~~ i "';:' ~V ..,.;J""I' rl....<"''l( I~'~'i\ q', I: crlqno.l;, W; Ii"~ "'"i*N,.:.... i \ I. :It.; ,.rii r.~ 1 Ii.,.,..,.... , I:; - j;'-~ ~; ] i~f; - \~~'.] ! \ if ' ' ..,"\,!;I 1~iL,,::::\~ ,~ r,!; I --'11' ,.''1'1 " ',,-' 'Ii;' . ~Ul 1 '1. ...f, ,a U~& J-l'm ,Ei ~i. l:u-rtl -~1l j~ i~ II i!~ l~;; ~ I t!tH,' J <, ". /.. c \ Ig ::fi'"t i~ ,:"MJ.. ~l ~~ ....ct:1QlI! ~ "'" fir' 1 ~'!; I il . t,~\I: '.il ' ~~--.rr,..i,t fe' .;. :~ i ~' l#Ul .... ; ~:! i '.~I~. E; till . ~....!(.I f I ~' t :nu ':ll' s,,111e Ulll i [ in~lM~ ;j /oa,; ~h, '1/ ,,,,", , 'f;:;;,' , ;.... /i ;,..-;,,~- 1 ~~"..~: ..", "'" "~ ' ....."'. \, (} j ;\ ;..... , .~, Lll"I" ':: """" " I J""'fiil" . " 'ij I' 1,.;- r. "" 1 .............. i.. . '- - e! i J - i . ','" ',"I I.t. '. Ii ;~.I. I ;~1 =;l~ I 1',-" t~,r i.~,;~'1 'l ',,;., 'Ej. ~ ~I ~~,~ ~U\~~, / ;: il...... " !~ I : :. \1"\ -..... "'" .~: I t'l. !t~~I,1 ~l -= ,...,1 IS; ~,;........ ..... t-'i 'I , I: r Ii ;1-~J ~~ f .k'! .... ... ~..~ I ~"~IQ_'.A t. ..zi , f:~ .i r f' ,'Il>&",CC'n i l ...' ~, t:: ~ I , I: ~ ~ ~~i I \t!"'/ ~~ ..., L:', ... - n~~q;i ~' NI.a~W ~ & 't · :- I.p; 1, , ';'ei .J.". .' -' ~. ;--: u, :-' t~ '- - ~' . II...; .,', '.,1:1 ~i l; r II rw ..:::. , I;uiw. t ~DALe ~ III ,~' ~- ! n. !~"''' "" ~ ,-li urn .J:.. nloo ..1.w ~~! ~g.~Ni._/~W ! ;.......,\"hl : ~1l1eU.j" ,1 i: : '...~ ;.....m. a.~ ,.I)i{:~ i'.~ j~' l:..~ li;"~;r' ii.,,\ ..... ............... ., , .... .U', .1H tud.r...... I"'" "j :: .1t'~"PC;t-- Alt4I,.."", .. !; li:H ~..~ """" ii' .... ,t.."", J:I!1'l ,- bm - 17!!1~- I .;::. 'J, "l .,.. f I' :A:. I ;, __ , _ "'- ..".1 l1,u_..' \. -. I i:tt~ ...... " ii :tjf ~ I i' , ~; i f }' ""; f't. '~...nu. .~~ , 19........ ..~ :;~",t,'",''' ~~~<tY~T2~TcRA iI East Side-West SideN Seaside Renaissance 2009-2010 Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Assistance Program Guidelines The Commercial Interior Build-out Assistance Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA district. The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce a business's initial costs associated with the construction and interior finishing of a new or expanding location. Applicants may be eligible for up to $15,000 to assist with the cost of commercial interior construction or renovations. The amount of funding is determined by the number of jobs created by the applicant. Each full-time equivalent job created is worth $5,000.00 in funding assistance from the CRA with a maximum grant award of$15,000. Businesses applying for financial assistance with the cost of interior build out must receive City of Boynton Beach Development Department and Building Department building permit approval. Pr02ram The Commercial Interior Build-out Program offers financial assistance in the form of a reimbursable grant to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the operating space. I tems eligible for funding under the program are limited to: 1. Interior walls 2. Interior plumbing 3. Interior electrical system including lighting 4. HV AC system 5. Flooring The Commercial Interior Build-out Program funding may be budgeted annually and awarded on a first- come, first-served basis. All applications are subject to CRA Board approval. Making application to the program is not a guarantee of funding. Eli2ibilitv Reauirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Interior Build-out Program: 1. The business must be located within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). Initials Page 1 of 5 T:\PROGRAMS & GRANTS\Commercial Interior Build-out Assistance Program\ Web format Program Guidelines & Application\Revised 5-4-10 Interior Build-out Assistance Program Guidelines,doc 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for a minimum of three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have a proposed or executed multi-year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W-2 employees or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. The following businesses will be considered automatically ineligible for assistance under the Commercial Interior Build-out Program: a. Businesses that employ less than two full-time equivalent W-2 employees or 1099 contracted employees. b. Businesses who do not report employee's wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment" use. d. New businesses using a D/B/A that has been used by another business within the past twelve (12) months. Grant Terms and Conditions A commercial lease must define the landlord-tenant relationship and at mlmmum provide the following information: · A description of the space being rented including square footage and a drawing of the space. · Description of utilities that the tenant is responsible for. o Rental rate and deposits along with terms of lease and methodology for future rent increases. · Responsible party for interior and exterior repairs and/or improvements. · Insurance requirements. · Ability to terminate. · Consequences of default on the lease. Initials Page 2 of5 T:\PROGRAMS & GRANTSICommercial Interior Build-out Assistance Program\Web format Program Guidelines & ApplicationlRevised 5-4-10 Interior Build-out Assistance Program Guidelines.doc The CRA reserves the right to approve or deny any Commercial Interior Build-out Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the CRA District. Procedures for Aoolication and Aooroval Application Process - All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: . Completed and signed application. e Copy of all business and occupational licenses, . Copy of the corporate documents for the applying business entity, . Copy of executed multi-year commercial lease agreement. . Landlord SSN or Tax ID. . Business plan, including executive summary and three-year financial projections of revenues and expenses. . Two (2) years of audited financials and corporate tax returns (for existing businesses only). . Two (2) years of tax returns for the owners of a new business. ~ Qualifications, experience and track records of business owners. . Copy of design and construction plans associated with the proposed improvements, . List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. Approval of Funding Request - Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month and staff will notify the applicant and landlord of approval or denial in writing. Site Visits - CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Page 3 of 5 T:\PROGRAMS & GRANTS\Commercial Interior Build-out Assistance Program\ Web format Program Guidelines & Application\Revised 5-4-10 Interior Build-out Assistance Program Guidelines,doc Initials Expense Reimbursement - This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA' s funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request package. The property owner, or tenant if applicable, must complete the interior improvement project, obtain a Certificate of Occupancy (CO) from the City of Boynton Beach and submit for reimbursement within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of: (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) Application for reimbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for after the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed Drior to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Commercial Interior Build-out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build-out Assistance program may only be used one time in any five year period for anyone specific commercial unit or business entity. Businesses are limited to one Commercial Interior Build-out Assistance Program award. Page 4 of5 T:\PROGRAMS & GRANTS\Commercial Interior Build-out Assistance Program\Web format Program Guidelines & Application\Revised 5-4-10 Interior Build-out Assistance Program Guidelines,doc Initials Grantees shall allow the CRA the rights and use of photos and project application materials. Reporting - By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting during the two years following completion of the project to verify that the required job positions are properly fulfilled and maintained. For W-2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (UCT -6) for each consecutive quarter must be submitted. For sole proprietorships, partnerships, s-corporations, or any other entity that elect to pass through taxable income to business owners and the business owner(s) are one or more of the listed employees for application purposes, an 1040ES payment voucher or proof of electronic payment is required. Quarterly payments must be made before the due dates or any penalties for late filings must show as paid. If the business owner elects to file the 1040-ES annually, the CRA must receive a copy of the filing no later than two weeks after the IRS deadline. If the business owner does not qualify for estimated tax reporting, an Estimated Tax Worksheet from IRS form 1040-ES must be submitted along with the prior year's tax return (if not already submitted). For l099-MISC eligible employees, IRS Miscellaneous Income form (l099-MISC) must be submitted annually to the CRA before February 28 of the following year, SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING I acknowledge that I have read and understand the Commercial Interior Build-out Assistance Program Guidelines as set forth above and agree to comply with its content. r )J; {h-- App lCant enant s SIgnature Sh c:it r- 0,.,) G ~ C~~"C~ Printed Name ~- ~ J~ ;;).010 Date o W N-{J- Title -- Applicant/Tenant's Signature Date - Title Printed Name Page 5 of 5 T:\PROGRAMS & GRANTS\Commercial Interior Build-out Assistance Program\ Web format Program Guidelines & Application\Revised 5-4-10 Interior Build-out Assistance Program Guidelines,doc Boynton Beach eRA Pro-Forma Income statement Boynton B_ch R_lty For 2010 through 2013 (all numbers in $000) REVENUE 2010 2011 2012 2013 Gross sales $150 $156 $162 $168 Less sales returns and allowances 0 $0 $0 $0 Net Sales $150 $156 $162 $168 COST OF SALES Beginning inventory $0 Plus goods purchased / manufactured 0 0 0 0 Total Goods Available Less ending inventory 0 0 0 0 Total Cost of Goods Sold Gross Profit (Loss) $150 $156 $162 $168 OPERATING EXPENSES Selling Salaries and wages $0 $0 $0 $0 Commissions 113 117 121 126 Advertising 5 5 5 5 Depreciation 0 0 0 0 Other Sales Expense 3 3 3 3 Total Selling Expenses $120 $124 $129 $133 General/Administrative Legal & Accounting $1 $1 $1 $1 Technologies 0 0 0 0 Payroll taxes 0 0 0 0 Insurance 2 2 2 2 Rent 3 3 3 3 Utilities 4 4 4 4 Depreciation & amortization 3 3 2 2 Office supplies 5 5 5 5 Travel & entertainment 1 1 1 1 Postage 0 0 0 0 Equipment maintenance & rental 2 2 2 2 Interest 0 0 0 0 Furniture & equipment 0 0 0 0 Total General/Administrative Expenses $20 $20 $20 $20 Total Operating Expenses $139 $144 $148 $153 Net Income Before Taxes $11 $12 $13 $14 Taxes on income 0 0 0 0 Net Income After Taxes $11 $12 $13 $14 Extraordinary gain or loss $0 $0 $0 $0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $11 $12 $13 $14 Risk Analysis for Boynton Beach Realty 75 80 80 70 40 50 80 90 50 100 80 90 20 25 23 15 15 20 17 10 20 10 15 10 Business Plan Score (50% of Total Score) 120.8 out of 200 possible 60.40% 15 20 18.4 10.5 6 10 13.6 9 10 10 12 9 Financials Score (50% of Total Score) 143.5 out of 200 possible 71.75% Total Score I 66.08% 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,Rent Subsidy, Existing Business, Service, 2010 ~~~<!Y~T2~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 8,2010 I Consent Agenda IX I Old Business I I New Business Legal I I Other SUBJECT: Consideration of Issuing an RFP for Development of Parcels on Martin Luther King, Jr. Blvd. (NE 10th A venue and NE 9th Avenue) SUMMARY: · The Board and City approved the property exchange between the two entities in order to facilitate redevelopment of the MLK Corridor · The Board directed staff to prepare a Request for Proposals for land on the south side of MLK. · The RFP encompasses 1.56 acres of which 11,400 sq. ft. is privately owned and would have to be acquired by the successful proposer. · The Heart of Boynton Community Redevelopment plan recommends multi-family use for this section of the Martin Luther King Jr. Blvd. corridor. · The responses to the RFP will be due July 8, 2010. · The top scored proposals will be presented to the Board on August 10,2010. FISCAL IMP ACT: The cost to legally notice the RFP which is approximately $250. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Approve the issuance of attached Request for Proposals for the MLK Corridor. ~ Lisa A. Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\06-08-10 Meeting\MLK RFP.doc Page 1 of9 The Boynton Beach Community Redevelopment Agency Developer Qualification and Proposal Solicitation For the Development of a 1.56 Acre Site City of Boynton Beach, Florida Proiect DescriDtion The Boynton Beach Community Redevelopment Agency (CRA) is issuing a request for qualifications and proposals for the redevelopment of an approximately 1.56 (+/-) acre site located within the Heart of Boynton community. The site is on the northeast end of the Martin Luther King, Jr. Boulevard (See Attachment "A" for location of site.). Proposals must be consistent with recommendations made within the CRA' s Heart of Boynton Community Redevelopment Plan which is available on the CRA's website, www.boyntonbeachcra.com under the Plans and Studies heading. The Plan's goals are to leverage the publicly owned real estate asset to support the redevelopment of the area, to increase the residential opportunities in the area, and to provide quality public enhancements that improve the recreational, economic, and cultural quality of life for residents. Community and Economic Settine The City of Boynton Beach, with a population of 63,000, is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach. This puts it in the heart of southeast Florida's rapidly growing tri-county Miami-DadelBrowardlPalm Beach Metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 and the Florida Turnpike. It also has a market of more than 6 million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. The Heart of Boynton is bounded to the west by 1-95, Federal Highway to the east, the Boynton Beach Canal (C-16) to the north and Boynton Beach Boulevard to the south. Seacrest Boulevard runs north-south through the center of the community. The Heart of Boynton Community Redevelopment Plan represents the second of the five- part CRA plan update. The area consists of approximately 338 acres located immediately north and west of the historic downtown core of the city. According to the 2000 census, the area contained 3,193 people, 89 percent of whom were African-American with a median household income of approximately $27,100. Over the past six years there has been approximately $28M of public investment into the Heart of Boynton community in property acquisition, construction of new homes and rehabilitation of existing homes. T:\DEVELOPMENT\HOB\MLK Corridor\NE South MLK Corridor RFP\RFP MLK Corridor South Side,doc Page 2 of9 Recently the City of Boynton Beach completed the redevelopment of the Carolyn Sims Park for a total of$lO.M. The park is located at NW 12th Avenue and is the center of neighborhood activities. The City is also investing $1.5M of Federal stimulus dollars into the Seacrest A venue corridor from Boynton Beach Boulevard north to the C-16 canal to create an attractive streetscape with new lighting, landscaped medians and public art. Additionally, the CRA is in the process of redeveloping an 8-acre site at Seacrest and 6th Avenue for 20 single-family homes and a senior multi-family development. Given the location, history and demographic makeup of the community, there is a natural concern that redevelopment would mean "gentrification" and displacement of existing residents. Therefore, responses to the RFP should address this concern. Site Details The site is 1.56 acres of which 1.29 are owned by the Boynton Beach Community Redevelopment Agency (Please see Attachment "B" for map showing ownership pattern of the site.). Two parcels are owned by two separate private owners. Efforts should be made to acquire these two parcels to create a unified site plan. The current future land use designation is Medium Density Residential and the zoning designation is R2 - Duplex. The Heart of Boynton Community Redevelopment Plan recommends that the site be developed as multi-family residential (See Attachments "c" and "D"). However, a mixed-use project may be entertained by the CRA and City. There are no structures on the publicly owned property. However, there is one structure on one of the privately help properties; a multifamily rental with four units. RFP ResDonse Reauirements To be considered and accepted as a complete and responsive proposal, all proposals must include the following information: 1. Original plus nine (9) copies of all required documents and a disk containing the submission documents): 2. A written general statement of the qualifications of the proposing firm or entity, including examples of experience with similar projects, as well as background information on the principals. A copy of the most recent Federal Form 254 should be provided, if available. If the selected development entity is a public corporation, it may also be asked to provide copies of its annual report or SEC filings as appropriate. 3. A certificate of good standing from the Secretary of State in which the corporation does business. T:\DEVELOPMENT\HOB\MLK Corridor\NE South MLK Corridor RFP\RFP MLK Corridor South Side,doc Page 3 of9 4. A list ofteam members and their professional qualifications along with a list of projects on which they have actively participated. 5. A written list of projects developed by the entity including photographs, addresses, date the project was completed and general project description. 6. A detailed description ofthe proposed project, with text and graphics. This should include a schematic site layout plan, proposed density, streetscape design, parking locations, typical floor plans and elevations. List the number of units and types, including number of bedrooms, rental or for sale units, etc. The site plan and elevations must comply with the Heart of Boynton Community Redevelopment Plan and the CRA's Urban Design Guidelines. 7. A development pro forma including infrastructure costs, along with the types and sources of financing including public subsidy or incentives (monetary or in kind), if any. 8. A written statement by the Proposer that the Proposer has reviewed the foregoing Request for Proposal and that their Proposal complies with the objectives set forth in those documents. 9. A written statement of how the Proposer plans to use local businesses and workers in the design and development of the proposed project. 10. A signed written statement to purchase the property indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection as the qualified proposer. Any Purchase and Development Agreement ("Agreement") will contain performance criteria, agreements for time limitations for having funding in place and construction to commence, limitations on transferability or assignability of the Agreement without prior approval from the CRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. 11. A PowerPoint presentation, consisting of no more than 10 slides for a possible presentation to the CRA Board. 12. A list of all individuals who have been engaged to lobby on behalf of the Proposer. Documents Available For Review To better understand the CRA's objectives, as well as the opportunities and constraints for redeveloping the site, the following documents are available in electronic format and may be retrieved from the CRA at: http://www.boyntonbeachcra.com · Heart of Boynton Community Redevelopment Plan · Heart of Boynton Master Plans & Schematic Designs T:\DEVELOPMENT\HOB\MLK Corridor\NE South MLK Corridor RFP\RFP MLK Corridor South Side. doc Page 4 of9 · CRA Urban Design Guidelines Proposal Submission Deadline Sealed developer qualifications and proposals must be received by the Boynton Beach Community Redevelopment Agency at 915 S. Federal Highway, Boynton Beach, Florida 33435, no later than 3:00 p.m. (E.S.T.) on July 8,2010. Faxed proposals will not be accepted. The failure to strictly meet this deadline will result in the submittal being rejected and returned unopened. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the CRA office by the CRA's receptionist or other delegated representative for the receipt ofthe submittals. Proposal Review Process All proposals shall be preliminarily reviewed by CRA staff for compliance with the requirements of Request for Proposal. All proposals which fail to meet the submission requirements shall be rejected by the CRA Executive Director and the proposer notified by certified mail of the grounds for the rejection of the proposal. If there are more than two qualified proposals submitted in response to this RFP, the selection committee shall evaluate the proposals using the following criteria. CRA staff shall forward the selection committees ranking information to the Board. The Board will conduct a public hearing, consider the Selection Committee recommendation and the presentations by the top scoring Proposers, select a proposer and direct that negotiations with the selected Proposer commence If only one qualified proposal is received, the CRA Board may direct that negotiations with the sole Proposer commence. Proposal Selection Criteria Whether by committee or Board action, evaluation and ranking of proposals shall be based upon the following criteria: 1. Experience with development in markets similar to the project area. 2. Ability to proceed immediately from a financial and organizational perspective. 3. Adherence to the adopted Heart of Boynton Community Redevelopment Plan 4. Project design, amenities and public benefits. 5. Commitment to use local residents in the design and construction of the project. 6. Amount of incentives from the CRA or the City of Boynton Beach T:\DEVELOPMENTIHOB\MLK Corridor\NE South MLK Corridor RFP\RFP MLK Corridor South Side,doc Page 5 of9 requested by the Proposer. Selected proposers will make their PowerPoint presentation before the Board of the CRA. 10 printed copies of the PowerPoint presentation shall be made available for the Board of the CRA. Following the public presentations, a Proposer may be selected by the CRA Board. The CRA and the successful proposer will commence negotiation of a Purchase and Development Agreement for the land. Should a Purchase and Development Agreement satisfactory to both parties not be able to be agreed upon within ninety (90) calendar days ofthe selection of the successful proposer, the negotiations shall be deemed unsuccessful and terminated. Upon termination, the eRA shall have the right to initiate negotiations with the second ranked Proposer or to resubmit the project for requests for proposals. There are two phases of the RFP process. Phase One commences with the announcement of the RFP and ends with the submission of proposals. Phase Two begins following submission of the proposals. During Phase One of the RFP process all communications from Proposers, whether direct or indirect, shall be through the CRA Executive Director or her designee. Proposers shall have no communication, directly or indirectly with members of the CRA Board or Selection Committee during Phase One. Communications to the Executive Director or her designee are exclusively for clarification regarding procedures and objectives. During Phase Two Proposers may communicate with members of the CRA Board provided they do so in compliance with the City of Boynton Beach Lobbying Ordinance, Ordinance 07-008. Communication with any individuals in violation of the foregoing restrictions may result an individual or firm to be disqualified from participating in the development solicitation when such communication is determined by the Board of the CRA to have materially affected the RFP process. All questions or inquiries should be directed to Brightl@ci.boynton-beach.fl.us. Anticioated Schedule and Seauence of Events: All dates, with the exception of the RFP submission date are tentative. RFP submission deadline: Thursday, July 8, 2010, 3:00 pm Completion of Staff review for compliance with submission requirements: Friday, July 16,2010 Distribution of Responses to Selection Committee for Ranking Wednesday, July 21,2010 T:\DEVELOPMENT\HOB\MLK Corridor\NE South MLK Corridor RFP\RFP MLK Corridor South Side,doc Page 6 of 9 Selection Committee Responses Due to CRA Staff Thursday, July 29,2010 Distribution of Rankings to CRA Board Friday, August 6,2010 Presentations and Selection of Proposer by CRA Board Tuesday, August 10, 2010 Contacts All correspondence and requests for information regarding the Heart of Boynton community, in general, and this project in particular, should be directed to: Lisa Bright Executive Director Boynton Beach Community Redevelopment Agency 915 S. FederalHighway Boynton Beach, Florida 33435 Phone: (561) 737-3256 Fax: (561) 737-3258 brightl@ci . boynton-beach. fl. us N on-Discrimination The selected Proposer, its successors and assigns, agree that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination. Should discrimination occur, the CRA will provide notice to the Proposer of a breach of this condition and thereafter, Proposer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Proposer does not demand arbitration within 15 days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate any such Agreement it has entered into with Proposer and pursue any and all other lawful remedies. Protests Any and all decisions by the CRA Board to modify the schedule described herein, requests for additional information, reject insufficient or unclear proposals, formulate an objective point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the CRA's sole discretion and no protests whatsoever shall be considered by the CRA Board. T:\DEVELOPMENT\HOBIMLK Corridor\NE South MLK Corridor RFP\RFP MLK Corridor South Side,doc Page 70f9 Submittal of a reply to this RFP on the part of any all proposers constitutes acceptance of this policy. Formation of Contract The existence of a contractual relationship between the parties is contingent upon the terms and conditions of the contract being negotiated to the satisfaction of both parties and the execution of said contract by both parties. The contract documents shall include, but not be limited to, terms and conditions of this RFP, the submitted proposal inclusive of qualifications, the negotiated services as agreed by both parties, and the ordering mechanism. Permits. Taxes and Licenses Proposer shall at its own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state, and federal laws, rules and regulations appJicable to the business to be carried on under the contract. Public Records Florida law provides that records of a public agency shall at all times be open for personal inspection by any person. Section 119.01, F.S., the Public Records Law. Information and materials received by the CRA, in connection with a submittal shall be deemed to be public records subject to public inspection. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. If the Proposer believes any of the information contained in its Submittal of Proposals is exempt from the Public Records Law, then the Proposer must in its response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption and the CRA will evaluate the material to determine whether it is exempt from the Public Records Law. Otherwise, the CRA will treat all materials received as public records. Public Entity Crimes "A Person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals, bids or qualifications (as applicable), in response to a solicitation for said products/services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact businesses with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list." T:\DEVELOPMENT\HOB\MLK Corridor\NE South MLK Corridor RFP\RFP MLK Corridor South Side. doc Page 8 of9 Drui! Free W orkDlace Certification All Proposers must complete and sign the attached "Drug Free Workplace Certification by Vendor", and submit it with their Proposals. Failure to do so may result in rejection of your proposal. T:\DEVELOPMENT\HOB\MLK Corridor\NE South MLK Corridor RFP\RFP MLK Corridor South Side,doc Page 90f9 CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the fIrm of responding to this RFP maintains a drug-free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature: Date Name & Title (typed) T:\DEVELOPMENT\HOB\MLK Corridor\NE South MLK Corridor RFP\RFP MLK Corridor South Side. doc ATTACHMENT "A" Location Map :J J :; ATTACHMENT "C" Proposed Land Use Map The Heart of Boynton Redevelopment Master Plan ') ') .. ,....t-tln. We{..,..... ,',.. MIl. r. ft~. . ....ro. ......~ "'......... NltallllMlD 'or" Mt1Itllr , ._1bI Ii,,- HI ..........,_ -,lItl . r ,"- .......... ......,... ""'18 Strategic PlIinnlng Group, Inc. 1 (800) 213-PLAN Page 53 J ~- - I c. ns :: :t 9lc. ... .- .....c: z~ W(1) :tC ::I: ~ 00 ~~ ....(1) <(c. o .. n.. 'C 'C C1) C1) c c ~ ~ 0 ~ ~ ]j ~ cu :c > :J 'C Q. Q. --... 01 r ATTACHMENT "0" Proposed Zoning Map The Heart of Boynton Redevelopment Muter Plan (..... , . ':. 1 I ,", t t -'~' Tr:~ 1 ,-; I I 1 I' , '\ 1 \ i \1 : I ., I.- ~kt" III I'''''.'~'' a ~, tll .. ftJ In ,,_ '_NtctWt. PrOIllIlll __ Mill I .. ICI , .....'.11 '-1....,..1 -,RIft J~ IJIfIII ..__ IIIIII.fIIrIl n.,.17 (... Strategic Planning GrouP. Inc. 1 (800) 213-PLAN Page 54 - -- - . - - -- - - - --- ~!I~<tY~T2~ eRA Ii East SideN West SideNSeaside Renaissance CRA BOARD MEETING OF: June 8, 2010 I x I Consent Agenda I I Old Business I I New Business I I Legal I I Other SUBJECT: Consideration of a Land Lease Agreement with the City of Boynton Beach for property located at the SW corner of E. Ocean Avenue and SE 4th Street SUMMARY: . On April 13, 2010, the CRA Board approved the Historic Ruth Jones Cottage relocation project. . The CRA owns a 1,000 square foot single story historic structure which will be relocated from its existing location at 201 NE 1st Street to the proposed land lease location at the SW corner ofE. Ocean Avenue and SE 4th Street. . The proposed relocation site is an existing public parking lot with approximately 21 spaces owned by the City of Boynton Beach. . The project will include the preservation of the exterior cottage structure, provide for parking lot reconfiguration and remodeling the interior of the structure to accommodate a potentially new downtown retail or cafe usage. . REG Architects has crafted conceptual designs and feasibility analysis for the project (see attached design renderings). . CRA staff and REG have met with City Planning & Development staff to discuss the details of the project and have received support for the proposed uses and design. . The terms and conditions set forth in the attached Land Lease Agreement have been reviewed and approved by CRA Legal Counsel. . The Land Lease Agreement provides for an initial ten (10) year lease term with an automatic ten (10) year lease term renewal unless otherwise altered by both parties. . The Land Lease Agreement annual cost is ten (10) dollars per year and is given the right to sublet the Leased Property to an approved tenant. . The CRA would cover any expenses related to any improvements or alterations to the property associated with the Ruth Jones Cottage relocation project. FISCAL IMPACT: Budget Line Item - 01-51620-209 - $10.00 per year. CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan, CRA Economic Development Plan and Ocean District Plan. RECOMMENDATIONS: Approval of the Land Lease Agreement with the City of Boynton Bea for the property located at the SW corner of E. Ocean Avenue and SE 4th Street. ~, T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\06-08-10 Meeting\City-CRA Land Lease for Ruth Jones Cottage proj.doc LAND LEASE AGREEMENT THIS LAND LEASE AGREEMENT C'Lease") is entered into this _ day of , 2010 by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (hereinafter the "CITY''), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter the "CRA''). In consideration of the terms and covenants of this Agreement, and for other good and valuable consideration, the parties agree as follows: 1. Leased Prooertv. Subject to the terms and conditions of this Lease, the CITY leases to CRA and CRA leases from the CITY a certain portion of unimproved real property whose parcel control number is 08-43-45-28-03-008-0010 owned by the CITY C'CITY Property''), which property is located in Palm Beach County, Florida, and more particularly described in Exhibit "A" and attached hereto (hereinafter the "Leased Property'') which property is subject to all existing easements, covenants, conditions, and restrictions of record, if any. 2. Term. The CRA shall have and hold the Leased Property for the Lease Term. The term of this Lease shall be ten (10) years, commencing upon the date this lease is executed by the CITY and CRA C'Commencement Date''). If CRA fails to begin relocation, installation and use of the site for the location of the historic structure (hereinafter the "Cottage'') described in Exhibit "B" within 12 months of execution, even though all rent payments have been made, the CITY may choose to terminate this Lease. The CITY will provide written notice to the CRA of such intent to terminate the Lease in accordance with the provisions of Paragraph 9. This Lease shall automatically be renewed for an additional ten (10) year term subject to all the terms and conditions of this Lease unless CRA notifies the CITY in writing of CRA's intention not to renew the Lease at least three (3) months prior to the expiration of the original term. 3. Rent. Rent in the amount of $10.00 shall be paid in annual installments, on the same day of the year as the Commencement Date, each calendar year, in advance to the CITY, beginning on the Commencement Date or to such other person, firm, or place as the CITY may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. 4. Use. CRA shall use the Leased Property for the relocation, operation and maintenance of an 832 square feet historic Cottage owned by the CRA for a use consistent with the City Codes and the CRA Redevelopment Plans in force at that time of the Commencement Date. The use of the Leased Property shall be at all times in compliance with federal, state, local laws and regulations. If for any reason CRA's use of the Leased Property fails to comply with any federal, state or local law and CRA fails to bring its use within compliance within thirty (30) days of written notice of such noncompliance, this Lease shall be terminated as provided herein, unless sooner authorized by such law. The CITY agrees to reasonably cooperate with CRA in obtaining, at eRA's expense, all licenses and permits required for CRA's intended use of the Leased Property. 1 5. Installation of Improvements, Access, Utilities. a. CRA shall have the right, at its sole cost and expense, to construct, install, operate and maintain the eottage and potentially outdoor seating facilities on the Leased Property, which facilities include the relocation of the Cottage as described in Exhibit "B" and the construction of any additional improvements required for the intended use consistent with City Code and CRA Plans. eRA's installation of all such equipment, personal property, improvements and facilities as deemed necessary shall be done according to plans approved by the CITY, and no equipment or property shall be subsequently relocated without the eITY approval to which the approvals shall not be unreasonably withheld or delayed. The described Cottage shall remain the exclusive property of CRA, subject to the provisions of Paragraph 7 of this Lease. b. CRA may update or improve the Cottage from time to time with the prior written approval of the CITY, and provided that their location on the Leased Property is satisfactory to the CITY. CRA shall submit to the eITY a proposal for any such improvements, and for any supplemental materials as may be reasonably requested for the CITY evaluation and approval, which approval shall not be unreasonably withheld or delayed. c. CRA shall have the right, at its sole cost and expense, to install, operate and maintain on the Leased Property for the improvements described in Exhibit "e" and attached hereto. All such improvements shall be constructed in accordance with the CITY specifications and according to a site plan approved by the CITY. The Cottage structure and all improvements made for the benefit of the CRA shall remain the exclusive property of CRA, subject to the provisions of Paragraph 7 of this Lease. Any and all required eITY approvals and permits must be obtained prior to relocation and construction of the Cottage. d. At all times during this Lease, the CITY hereby grants to CRA a nonexclusive easement for ingress, egress, and access over the CITY Property. All routine site maintenance performed to the CITY Property by the eITY will be by foot or vehicle. e. At all times during this Lease, the CITY hereby grants to CRA exclusive right to utilize a minimum of 10 existing public parking spaces contained on the Leased Property for an approved use by the Cottage's personnel or visitors. f. eRA shall separately meter charges for the consumption of electricity, water and any other utilities associated with its use of the Leased Property and shall pay all costs associated therewith. 2 g. CRA shall provide the CITY with "as built" drawings of the Cottage relocation and improvements installed on the Property. A site plan will be provided showing the proposed placement of the Cottage. h. CRA shall have sole responsibility for the maintenance, repair, and security of the Cottage, personal property, and any other leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 6. Subletting. CRA may sublet the Leased Property in whole or in part without the CITY's consent. The making of any sublease shall not release the CRA from or otherwise affect in any manner, any of CRA's obligations under this Lease. CRA shall be responsible for providing all appropriate notices to Sub-Tenant relating to the terms of this Lease including without limitation, its termination date. 7. Reasonable Approval. Both parties shall not unreasonably withhold or delay approvals required under this lease. 8. Interference. a. CRA's construction, installation, operation, and use of its Cottage under this Lease shall not damage or interfere in any way with the City's related repairs and maintenance activities of the Leased Property. The CITY, at all times during this Lease, reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the Leased Property and to temporarily interfere with CRA's leasehold improvements as may be necessary in order to carry out any of such activities. The CITY agrees to give reasonable advance notice of such activities to CRA and to reasonably cooperate with CRA to carry out such activities with a minimum amount of interference with CRA's operations. b. This lease is made with the knowledge of both parties that the CITY has no current tenant on the Leased Property. 9. Termination. Except as otherwise provided herein, this Lease may be terminated by one party upon ninety (90) days written notice to the other party as follows: a. By either party, upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party; b. By CRA, if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the desired use for the Cottage; c. By the CITY, if it determines in its sole discretion and for any reason, that the Cottage is structurally unsound, including but not limited to consideration of age of the structure, damage or destruction of all or part of the Cottage or the Leased Property from any source, or factors relating to condition of the Property; or 3 d. By the eITY, if CRA's use of the Leased Property becomes illegal under any federal, state or local law, rule or regulation. Upon termination of this Lease for any reason, CRA shall remove all of its equipment, personal property, Cottage and leasehold improvements from the Leased Property within ninety (90) days after the date of termination, and shall restore the Leased Property to the condition it was in on the Commencement Date of the term of this Lease, ordinary wear and tear excepted, all at CRA's sole cost and expense. Any such property which is not removed by end of said ninety (90) day period shall become the property of the eITY. 10. Insurance. a. CRA shall provide eomprehensive General Liability Insurance coverage, including premises/operations coverage, independent contractor's liability, completed operations coverage, contractual liability coverage, and the CITY will be held harmless for acts of outside vendors in a combined single limit of not less than Dollars ($ ) per occurrence, and Dollars ($ ) aggregate, and name the CITY as an additional insured on such policy or policies. CRA may satisfy this requirement by an endorsement to its underlying insurance or umbrella liability policy. b. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and, in the event of such insured loss, neither party's insurance CRA shall have a subrogated claim against the other. c. CRA shall provide to the CITY, prior to Commencement Date of the Lease Term, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Florida, which includes all coverage required above and contains evidence of the waiver of subrogation contained above. Said certificate shall also provide that the coverage may not be concealed, nonrenewable, or materially changed without thirty (30) days prior written notice to the CITY. 11. Damage or Destruction of Property. If the Leased Property or Cottage are destroyed or damaged so as, in CRA's judgment to render the site unusable, CRA may elect to terminate this Lease upon thirty (30) days written notice to the CITY. In the event CRA elects to terminate the Lease, eRA shall be entitled to reimbursement of any prepaid rent prorated prior to the date of termination. 12. Condemnation. In the event the whole of the Leased Property is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Property vests in the condemning authority. In the event a portion of the Leased Property is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days written notice to the other party. In the event of any taking under the power of eminent domain, CRA shall not be entitled to any portion of the award paid for the taking, and the eITY shall receive the full amount of such award, CRA 4 hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or the fee of the Leased Property, shall belong to the CITY, CRA shall have the right to claim and recover from the condemning authority, but not from the CITY, such compensation as may be separately awarded or recoverable by CRA on account of any and all damage to CRA's business by reason of the taking and for or on account of any cost or loss to which CRA might be put in removing and relocating its equipment, personal property, Cottage and leasehold improvements. The CITY shall refund any prepaid rents prorated as of the date the Leased Property is taken by the Condemning Authority. 13. Indemnification. Except for the negligent acts or willful misconduct of the CITY agents or employees, CRA agrees to indemnify, defend, and hold harmless the CITY and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by the CITY or for which the CITY may be held liable, which arise from the negligence, willful misconduct, or other fault of CRA or its employees, agents, or subcontractors in the performance of this Lease or from the installation, operation, use, maintenance, repair, removal, or presence of CRA's Cottage on the CITY Property. 14. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested to the following addresses: If to CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Telephone: (561) 742-6010 Email: bressnerk(Ci)bbfl.us With Copy to: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: (561) 276-9400 Fax: (954) 771-4923 Email: Jcherof@cityatty.com If to CRA: Lisa Bright, Executive Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, Florida 33435 Telephone: (561) 737-3256 Email: brightl(Ci)bbfl.us 5 15. Reoresentations and Warranties. a. The CITY warrants that (1) it has full right, power, and authority to execute this Lease; and (2) it has good and unencumbered title to the Leased Property, free and clear of any liens or mortgages, except as may be disclosed by review of title. The CITY warrants that eRA shall have quiet enjoyment of the Leased Property during the term of this Lease in accordance with its terms. b. chemical, hazardous, regulation. The CITY warrants that it has no knowledge of any substance, or waste (collectively, "Substance") on the site that is identified as toxic or dangerous in any applicable federal, state or local law or c. CRA represents and warrants that its storage and use of any substance on the Leased Property shall comply with applicable federal, state or local law or regulation and that it shall store and use said substance on the Leased Property only if necessary for its intended use and operations. CRA agrees to indemnify and hold harmless the CITY from and against any and all liability, loss, cost, damage, and expense, including reasonable attorneys' fees relating from or due to the release, threatened release, storage or discovery of any of the above named materials that are part of CRA equipment, personal property, Cottage, or any component parts or by-products thereof in violation of applicable law. d. CRA, at its own cost, has the right to obtain a title commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of CRA, such title commitment shows any defects of title or any liens or encumbrances which may adversely affect CRA use of the Leased Property, eRA shall have the right to cancel this Lease immediately upon written notice to the CITY, 16. Assignment. CRA may assign or sublet this Lease without the prior written consent of the CITY to any entity which controls, is controlled by, or is under the common control with CRA, or to any entity resulting from any merger or consolidation with CRA, or to any partner of CRA, or to any partnership in which eRA is a general partner, or to any person or entity which acquires all of the assets of CRA as a going concern, or to any entity which obtains a security interest in a substantial portion of CRA's assets, provided that CRA continues to indemnify and hold the CITY harmless in accordance with Paragraph 13 above. 17. Successors and Assigns. This Lease shall run with the Property described in Exhibit "A." This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, and assigns. 18. Miscellaneous. a. Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. b. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements of any 6 kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. c. This Lease shall be construed in accordance with the laws of the State of Florida. d. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. e. This Lease is subject to all zoning approvals and building permits. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement for the purpose herein expressed, the day and year above written. Signed, sealed and delivered in the presence of: LANDLORD: City of Boynton Beach By: Title: Signed, sealed and delivered in the presence of: TENANT: Boynton Beach Community Redevelopment Agency By: Title: H:\2007\070473 BBCRA\Real Estate\Land Lease Agreement.doc 7 EXHIBIT "A" LEGAL DESeRIPTION OF LEASED PROPERTY A portion of LOTS 1 and 2, BLOCK 8 of TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book ___, Page _ of the Public Records of Palm Beach County, Florida. PNC: 08-43-45-28-03-008-0010 8 (~ EXHIBIT "B" "'D a " o en l m c - - D. ;" CD CI - .. ~ ::D ~ - 0 n (-.. "'D I a - 0 " ::I 0 CI en - ~ .. D. e m < - c e - . - D. - ... ::I a CD f a m . en 0 ~ n e I>> ::I ~ e (~ " t II! III::'.'~~~ :11111'~II!W.1 2 ~ I.. _ III Ii ,UJJJJI~ Ii 1.4 =wm~ 9 i ~';:I=B ;;.;~;m e I ,." = "1'0__ i~ I;;:~ 5~8 ~~:~ II ::. ~.. :_~.. I ~~ Eil : :=:: I :=r::~ A~ .... EXHIBIT "e" ::I: - UI .. o ::3. n n o = D) fa CD S CD ~ ::I: - UI .. o :I. n n o :: D) fa CD r - o n D) .. - o :I ~, . 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I ~.II ! ,.~~! ," \'{ i1' , ; ~; fl";::~' 11" " ~ ""'. \ ~~~<tY~Te~ eRA . East Side-West Side-Seas'lde Renaissance eRA BOARD MEETING OF: June 8,2010 I I Consent Agenda I I Old Business I I New Business I I Legal I I Other SUBJECT: CRA Office Options SUMMARY: . At the May 11, 2010 the CRA Board directed staff to consider two options for office relocation. Option 1: Holiday House and Option 2: Las Ventanas Option 1: Holiday House . CRA staff and REG architects met with the owner of Holiday House to evaluate the costs associated with improving the building for offices. . The building is a concrete shell and will need the following repairs: roof, roof trusses, drywall, electric, plumbing and construction of two bathrooms up to code. It will also need exterior fagade improvements, driveways, parking and paving. . No actual costs have been determined but both the CRA staff and the building owner estimate the cost to renovate to be between $100,000 and $200,000. . The owner is willing to bear costs for the roof and some interior improvements except for the interior buildout. . The owner is cooperative and looking for any and all subsidies to be provided by the CRA to make a deal. . The owner is also willing to accept an offer from the CRA to purchase the building as a public building at appraised value. . The CRA lease cost would be $4,500.00 a month for 3,000 square feet or approximately $18.00 a square foot or $54,000 per year. · Projected construction time period for relocation approximately 120 days after all costs and lease negotiations finalized. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\06-08-10 Meeting\CRA Office Options.doc ~lII~<tY~T2~ eRA . East Side-West Side-Seas.lde Renaissance Option 2: Las Ventanas . Stiles Realty has offered space of 2,500 square feet to the CRA for $18.00 a square foot and $8.50 a square foot for CAM (common area maintenance). . The total monthly cost for 2,500 square feet would be $5,521.83 a month or $66,261.96 . The standard commercial lease term is three years with two three year renewal periods. . Stiles Realty is willing to construct the interior buildout of the space. . CRA staff relocation projection costs are approximately $20,000. Alternate Option: . Sundowner Motor Inn (current CRA office at 915 S. Federal Highway) was unable to execute a sale with the owners of the adjacent "Tiki Hut" motel and subsequently removed the property from the commercial listing service. . Sundowner Motor Inn has offered the CRA an alternate proposal to remain in the current offices for a one-year period with the same terms and conditions as the 2009- 2010 lease. . In 2009, CRA staff renegotiated the lease rate down from $4,000 a month to $3,300 a month with a total annual savings of $8,400.00. The $3,300 would be the monthly rent for a lease beginning July 1, 2010 through June 30, 2011 or $39,600 per year. . The $3,300 a month rental rate per square foot is $19.25. FISCAL IMPACT: Budget Line Item - 51620-205 - $39,600 for Alternate Option CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan RECOMMENDATIONS: Approval of a one-year lease renewal with Sundowner Motor Inn 0 the offiC~Uilding at 915 S. Federal Highway, Boynton Beach, Florida. ~~ t- sa Bright, Executiv T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\06-08-10 Meeting\CRA Office Options.doc Page I of6 COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this -!h-day of ,2009, by and between Sundowner Motor Inn, LLC (hereinafter referred to as "Land 0 ") and the Boynton Beach Community Redevelopment Agency a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, its agents, servants, employees, or contractors, (hereinafter referred to as Tenant"), for the prope11y located at 915 South Federal Highway, Boynton Beach, Florida 33435. ARTICLE I - GRANT OF LEASE Landlord, in consideration of Three Thousand and Three Hundred Dollars ($3,300.00) per month (receipt of which is hereby acknowledged) and the covenants and agreements to be perfOlmed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord the property located at 915 South Federal Highway, Boynton Beach, Florida (the "Leased Premises"), together with, as part of the parcel, all improvements located thereon. ARTICLE II - DEPOSIT Landlord acknowledges receipt of a fully-refundable security deposit in the amount of Four Thousand Dollars ($4000.00). Landlord agrees to refund to Tenant the security deposit plus three (3) percent interest at the end of the Lease term. However, if Tenant terminates the lease prior to the agreed-upon term as stated herein, Tenant will forfeit the deposit amount in its entirety unless an agreed-upon refund amount can be negotiated between Landlord and Tenant. ARTICLE III - LEASE TERM The term of this Lease shall begin on the I st of June, 2009, and shall temlinate on May 31, 2010, unless otherwise extended in writing by both pal1ies at least 30 days prior to the termination date. Tenant shall have the option of renewing for one-year terms with the consent of Landlord. ARTICLE IV - RENT Rent payment shall be due and payable to Landlord and checks shall be made out to Sundowner Motor Inn, LLC and delivered to Landlord on the tenth of each month thereafter, unless the tenth falls on a Saturday or Sunday or holiday, and in that event, rent would be due the next business day immediately following. Rent payment shall he mailed, delivered by overnight delivery, wired or hand delivered to Landlord at the address set f0l1h below. A late fee of $1 00 shall be applied to any rent payments which are five (5) business days late or more. T:\OPERATIONS\Oftke Information- Lease Contraet\COMMERCIAL LEASE AGREEMENT 915 S Federal HW 4.2009.doc Page 2 01'6 ARTICLE V - IMPROVEMENTS AND FURNIT(JRE Landlord hereby grants Tenant the unrestricted right to construct improvements within the Leased Premises so long as Tenant informs Landlord in writing (via electronic correspondence or letter) prior to such improvements taking place. Any and all furniture remaining on the Leased Premises upon the beginning of the Teml of this Lease shall become the property of the Tenant. ARTICLE VI- UTILITIES Tenant shall pay for all water, sanitation, sewer, electricity, light, heat, gas, power, fuel, janitorial, internet and other services incident to Tenant's use of the Leased Premises, whether or not the cost thereof be a charge or imposition against the Leased Premises. Landlord shall pay for extelmination services, ARTICLE VII - OBLIGATIONS FOR REPAIRS Landlord shaH make any and all necessary repairs, the value of which exceeds Seventy- Five Dollars ($75.00), to any pOliion of the Leased Premises upon notice from Tenant Repairs that concern health and safety issues shall be completed within five (5) business days of notice of such need for repair. Non-essential repairs shall be completed within fourteen (14) business days. ARTICLE VIII - TENANT'S COVENANTS Tenant covenants and agrees as follows: a. To procure any licenses and permits required for any use made of the Leased Premises by Tenant, and upon the expiration or termination of this Lease, to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to Landlord the Leased Premises in good order, repair and condition in all respects; excepting only structural repairs (unless Tenant is obligated to make such repairs hereunder) and reasonable wear and tear; b. To permit Landlord and its agents to examine the Leased Premises at reasonable times and to provide Landlord, if not already available, with a set of keys for the purpose of said exanlination, provided that Landlord shall not thereby unreasonably interfere with the conduct of Tenant's business; c. To maintain the Leased premises in safe condition and repair and at its sole cost and expense, conect or remove any matter that would violate applicable law or constitute a dangerous or objectionable condition. ARTICLE IX - INDEMNITY BY TENANT Except for the limits of liability set forth in Section 768.28, Florida Statutes, the Tenant shall save Landlord harmless and indemnify Landlord from all injury, loss, claims, T:\OPERA T10NS\Office Information _ Lease Contracl\COMMERCIAL l.EASE AGREEMENT 915 S. Federal HW 4.2009.doc Page 3 of6 actions or damage to any person or propelty while on the Leased Premises and any related expense, including attorney's fees, unless caused by the willful acts or omissions or gross negligence of Landlord, its employees, agents, licensees or contractors. Tenant shall maintain, with respect to the Leased Premises, comprehensive general liability insurance with limits of not less than one million dollars for injury or death from one accident and $500,000.00 propelty damage insurance, insuring Landlord and Tenant against injury to persons or damage to prope11y on or about the Leased Premises. A copy of the policy or a certificate of insurance shall be delivered to Landlord on or before the commencement date and no such policy shall be cancelable without ten (10) days prior written notice to Landlord. ARTICLE X- USE OF PROPERTY BY TENANT The Leased Premises may be occupied and used by Tenant exclusively as an office for the Boynton Beach Community Redevelopment Agency and those uses incidental thereto. Nothing herein shall give Tenant the right to use the property for any other purpose or to sublease, assign, or license the use of the prope11y to any sub-Tenant, assignee, or licensee, which 01' who shall use the property for any other use. ARTICLE XI - DEF AUL T In the event that Tenant shall be in default of this Lease, Landlord may pursue all remedies available at law or equity. In the event of default by Landlord, Tenant may terminate this Lease or seek specific performance or pursue all remedies available at law or equity. ARTICLE XII ~ HAZARDOUS MATERIALS Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, 01' 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. Tenant shall be held responsible for the perfOlmance of and payment for any environmental remediation that may be necessary, as detemuned by the Landlord, within the property. If any contamination either spread to or was released onto adjoining property as a result of Tenant's use of the property, the Tenant shall be held similarly responsible. The Tenant shall indemnify, defend, and hold haImless the Landlord from any claim, loss, damage, costs, charge, or expense arising out of any such contamination. ARTICLE XIII · MISCELLANEOUS Section 1. Quiet Enjoyment. Landlord covenants and agrees that upon Tenant observing and performing all of the terms, covenants and conditions on Tenant's part to be observed and pelformed hereunder, that Tenant may peaceably and quietly have, hold, T:\OPERATIONS\Offiee Infonnatioll- Lease Conlracl\COMMERCIAL LEASE AGREEMENT 915 S. Federal HW 4.2009.doc Page 4 of 6 occupy and enjoy the Leased Premises in accordance with the telms of this Lease without hindrance or molestation from Landlord or any persons lawfully claiming through Landlord. Section 2. Holding Over. In the event that Tenant or anyone claiming under Tenant shall continue occupancy of the Leased Premises after the expiration of the term of thi s Lease or any renewal or extension thereof without any agreement in writing between Landlord and Tenant 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 palty to complain of any act or omission on the patt of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said patty of any of its rights hereunder. No waiver by either patty 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 patty to whom such notice or other communication shall be addressed. If sent to the CRA, notices shall be addressed to: Lisa Bright, Executive Director Boynton Beach CRA 915 South Federal Highway Boynton Beach, Florida 33435 BrightL@ci.boynton-beach.fl . us With a copy to: James Cherof Goren, Cherof, Doody & Ezrol, P A 3099 East Commercial Blvd. Suite 200 FOlt Lauderdale, FL 33308 T:\OPERA TIONS\Office Information _ Lease Contracl\COMMERCIAL LEASE AGREEMENT 915 S. Federal HW 4.2009.doc Page 5 of6 If sent to the Landlord notices shall be sent to: Craig Pfeifer Sundowner Motor Inn, LLC 1112 Westwicke Lane Lutherville, Maryland 21093 cwp@mdscreen.com Section 5. Assignment. Tenant shall not assign this Lease without first obtaining the written consent of the Landlord. Section 6. Invalidity of Pal.ticular Provision. If any term or provision of this Lease or the application hereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such te11TI 01' provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 7. Captions and Definitions of Parties. The captions of the Sections of this Lease are for convenience only and are not a pal1 of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. The word "Landlord" and the pronouns referring thereto, shall mean, where the context so admits or requires, the persons, firm or corporation named herein as Landlord or the mortgagee in possession at any time, of the land and building comprising the Leased Premises. Any pronoun shall be read in the singular or plural and in such gender as the context may require. Except as in this Lease otherwise provided, the telms and provisions of this Lease shall be binding upon and inure to the benefit of the palties hereto and their respective successors and assigns. Nothing contained herein shall be deemed or construed by the patties hereto nor by any third party as creating the relationship of principal and agent or of paltnership or of a joint venture between the parties hereto, it being understood arid agreed that neither any provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Section 8. Brokerage. No party has acted as, by or through a broker in the effectuation of this Agreement. Section 9. Entire Agreement. This instrument contains the entire and only agreement between the patties, 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. Tenant shall occupy the leased premises in a careful and proper manner and not commit any waste thereon, T:\OPERATIONS\Office Information. Lease Contrncl\COMMERCIAL LEASE AGREEMENT 915 S. Federal HW 4.2009.doc Page 6 01'6 Section!!. Governing Law. AJlmatters pertaining to this Lease (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Florida, The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Palm Beach County, State of Florida. In the event that litigation results from or arises out of this Lease or the performance thereof, the pmiies agree to reimburse the prevailing patiy's reasonable attorney's fees, court costs, and all other expenses, \",hether or nol taxable by the comi as costs, in addition to any other relief to which the prevailing party may be entitled, In such event, no action shall be entertained by said court or any comi of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accmed regardless of whether damages were otherwise as of said time calculable. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized, Signed, sealed and delivered in the presence of: WITNESS: ~'vldX ~bvJ( .~~,. Signature 'J/ . j J \f\ I ')". " . c. '1/.1. r 1 ,co, \h~/V' PI} Q Name;} } r- 'YC/VlA., 1 l7 //;1; /7 Signature WITNESS: Signature c.~\,*,\Q(\C. "i \\n\'\v~'I(Q. Printed Name G ~a't'-l- ~ -,-- Signature (/A~:~O :-- .;:~) , -''''~?~' .__.n' ., "'-", ____..,...--........- Sundowner Motor Inn, LLC Craig Pfeifer, Managing Member Date Executed: . <: I ( 9.J",,-_ TENANT: Date Executed: _.:i~ -/:J. -.:1- ---. T:\OPERA TIONS\Officc Information. Lease Contracl\COMMERCI^ L LEASE J\GREEMENT 915 S Federal HW 4 2009.doc '\ r' ." ~~~~Y~T2~CRA iii East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 8, 2010 I I Consent Agenda I I Old Business I I New Business Legal I X I Executive Director's Report SUBJECT: Status of Ocean Breeze Redevelopment SUMMARY: Overview: . One of the significant goals of the Heart of Boynton Community Redevelopment Plan is the improvement of the Boynton Terrace sites. . Boynton Terrace was a multi-family, Section 8 housing project which was so significantly damaged in the 2004 hurricanes that it was deemed uninhabitable by the City. . The CRA paid to tear down the buildings. . The CRA purchased the property in 2007 and has added to the assemblage with the latest purchase of the property located at 111 NW 6th Avenue from the Hollis's in December 2009. . The total acreage of the Ocean Breeze site is 8.6 acres with 4.3 on the west side and 4.3 on the west side. . In the Heart of Boynton Redevelopment Plan the east side is proposed as multi-family and the east side is proposed as single-family. East Side . The CRA issued a Notice of Disposition of Real Property for the east side in February 2010. . Two responses were received and the Board selected Auburn Development for the development of a senior rental community. . CRA staff and Auburn are working with the Palm Beach County Housing Authority to negotiate for housing vouchers for seniors. · CRA staff is working with City staff to make the necessary code changes to develop a project consistent with the Heart of Boynton Redevelopment Plan. · A Purchase and Development Agreement between the CRA and Auburn will be on the July 2010 agenda. West Side · CRA staff ordered a boundary and topographical survey. · REG, the Boards architect is working on a site plan for the development of approximately 20 single- family homes. · CRA staffhad a pre-application meeting with City staffto review the proposed plat and site plan. FISCAL IMP ACT: The CRA has an $8,000 purchase order with REG Architects for site planning work for the west side. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\06-08-10 Meeting\Ocean Breeze Status.doc CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECO MMEND A TI 0 NS/O PTI 0 NS: Continue to pursue the development of Ocean Breeze East and West by providing assistance to Auburn Development and by creating a site plan for the west side that is consistent with the City's Code of Ordinances. dft~ b MY ;sa A. Bright 8 Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\06-08-10 Meeting\Ocean Breeze Status.doc 1IJ~~~Y~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 8,2010 I I Consent Agenda I I Old Business I I New Business I I Legal I X I Other SUBJECT: CRA Staff Leave Report SUMMARY: . At the May 11th CRA Board meeting discussion occurred regarding the Executive Director's accrued leave hours. . Subsequently the Executive Director received conflicting requests for more information and no further information thus the need to revisit the entire CRA staffs leave report. . The Agency's Administrative Policy Manual was created in 2003 when the original CRA staff had been hired to work for the independent CRA Board. . In November 2008 the Executive Director initiated a staff request to update and revise the Administrative Policy Manual in conjunction with the CRA attorney. . In February 2009 CRA staff and counsel brought forth a summary changes for Board approval. . The CRA has not had any audit findings related to the administration or execution of compensated absences. . Attached is the board approved leave policy. . Attached is current annual leave report for the CRA staff. FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJECT: Administrative Policy Manual RECOMMENDATIONS: Approve the CRA staff Leave Report. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\CRA Staff Leave Report.doc MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, FEBRUARY 10, 2009, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director Jim Cherof, Board Counsel I. Call to Order - Chairman Jerry Taylor Chair Taylor called the meeting to order at 6:29 p.m II. Pledge to the Flag and Invocation Mr. Hay offered the invocation, followed by the Pledge of Allegiance to the Flag III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda None B. Adoption of Agenda Motion Mr. Weiland moved to approve the agenda. Ms. Ross seconded the motion that passed unanimously. V. Announcements & Awards: A. Oceanfront Concert Series - Cricklewood - February 20, 2009 from 6:00 p.m. to 9:00 p.m. Kathy Biscuiti, Special Events Director, announced the second Oceanfront Concert would be held at Oceanfront Park, and would feature the Cricklewood Band. Parking 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 was available onsite, and continuous trolley service was accessible at Bank of America beginning 5:30 p.m. to 9:30 p.m. Food and beverages would be available. She encouraged everyone to attend. Chair Taylor noted everyone could dance to the music of the band. She thanked the Board members for their donations in support of the concert series. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting January 13, 2009 B. Approval of Minutes - CRA Board Special Meeting January 20,2009 C. Approval of Minutes - CRA Board Special Meeting January 26,2009 D. Approval of Period-Ended January 31,2008 Financial Report E. Administrative Policy Manual (Tabled January 13, 2009) Mr. Weiland pulled this item F. Approval to Rescind Work Order #07013.1 with Hedrick Brothers Construction, Inc. for Value Engineering Services at 211 E. Ocean Avenue G. Approval of a Commercial Fa98de Grant in the amount of $15,000 to Woolbright Development, Inc for the property located at 1625 South Federal Highway Motion Mr. Hay moved to approve the agenda less the items pulled. Ms. Ross seconded the motion that passed unanimously. VII. Pulled Consent Agenda Items: (Heard out of Order) E. Administrative Policy Manual (Tabled January 13, 2009) Mr. Weiland requested a brief summary of the item. Ashley Buckley, Administrative Services Manager, explained the Administrative Policy Manual was created in 2003 and was updated, as it contained antiquated logos, Board member names, and account information. It was an internal policy for staff to use. It provided direction to staff, in the event of absences, another staff member could perform their tasks. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 The following sections were discussed: The Interoffice Complaint form, part of Human Resources Manual was removed. It was clarified the Human Resources manual was a part of the Administrative Policy Manual The update separated the policy manuals, which were still in place, and made the document more user friendly. The Grants Management Section, under Economic Development was removed. When the policy was created, an Economic Development position was contained in the organizational chart. There were four employees working at the time, with additional positions anticipated. Since then, staff compiled job descriptions and tasks, put them in one section, and made the Administrative Policy Manual handle only administrative functions. The document was similar to an operating manual It was noted job descriptions were different from an operating manual. Ms. Buckley suggested the old manual be reviewed, as the procedures were not taken away; they were relocated to a more appropriate section. The Quasi-judicial Proceedings were removed at the recommendation of legal counsel; however, there was discussion those were the types of issues that would impact the Board, and the Board members needed to be aware of them. Vice Chair Rodriguez requested a very brief listing of the most important items changed the changes made. He also requested a list of the top five items that had the greatest impact on staff and the Board. Ms. Buckley agreed to forward them. Jim Cherof, Board Attorney, explained the preparation of the Administrative Policy Manual was a tedious task. He worked with Ms. Buckley on it and praised what she accomplished. He noted the document contained a summary of changes, which he reviewed. The Booking of Appointments section was removed. Attorney Cherof suggested the CRA staff maintain a master calendar so Board members are able to research how staff action developed, who was involved in the process, and whom they met with. Many public organizations maintain a master calendar. The Document Identification Section was removed. Attorney Cherof suggested the footer in the Administrative Policy Manual reflect where the document is located electronically. From a public records review, he recommended footers be used on all documents, so if a request was made, the document could be tracked. The Policy and Procedure Agenda was reviewed. The section sets the procedures for how the agenda is developed. It specifies the Executive Director would meet with each Board member to discuss any agenda questions prior to the meeting. Attorney Cherof suggested, "The Executive Director shall meet with each Board member who desires to meet, to discuss any agenda questions." The language removed the implication the Board members have a mandatory duty to meet with the Executive Director. It was 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 suggested language meeting with the Assistant Director or other staff in the event the Executive Director was out sick be used. Attorney Cherof agreed that would be fine. Mr. Hay commented it appeared the Board was changing a policy to match a personality and the members may not be on the Board in the future. Attorney Cherof explained not all current Board members have the same approach to preparing themselves for meetings. The Executive Director will be available to meet with each Board member, but it should not be mandated that it occur because later the policy could return, indicating the Board approved the policy but refused to meet with the Executive Director. Changing the language to read, "The Executive Director wtU, mav meet. . . ." was suggested. The Public Inquiries and Citizens Complaints section was reviewed. Paragraph three reads "Reoccurring complaints, and those deemed significant by the Executive Director, will be relayed to the Board of Directors." Attorney Cherof pointed out the term "deemed significant" was subjective. There is a policy requirement to maintain a complaint log, and it was suggested staff make the log available to the Board each month. Ms. Bright requested a definition of what could be construed as a complaint. It was noted the Community Redevelopment Agency does not receive complaints often and if they do, it is of the nature of the color of Las Ventanas, or a resident was not waiting at the right location for the trolley stop. Those calls do not make it into the complaint log. Vice Chair Rodriguez responded anything that was within the Community Redevelopment Agency's control or when a resident indicates they do not agree with something, should be logged. Attorney Cherof clarified that although staff may have to respond to the complaint, the citizens hold the Board responsible and accountable. He suggested instead of the Executive Director having to select what is a complaint; just turn the sheet over to the Board once a month. After discussion, all complaints would be logged and turned over to the Board. Motion Mr. Weiland moved to approve Item E of the Consent Agenda, with the Attorney's recommendations. Mr. Hay seconded the motion that passed unanimously. Ms. Buckley would forward the information within a week. VIII. Information Only A. CRA Policing Activity Report for the Month of January, 2009 and District Statistics for the Months of December, 2008 and January, 2009 B. Boynton Beach CRA and Trolley Website Updates 4 life/disability benefits will continue to be paid for in full by the CRA through the last day of the month following ninety (90) days after the effective date of resignation. Employees who fail to report to work or fail to call in absent to their supervisor for three (3) consecutive working days shall be deemed as having voluntarily resigned from employment. A letter of termination shall be mailed within two (2) working days to the last known address of the employee, accepting their voluntary resignation, 5-6 DRUG FREE WORKPLACE: Policv As part of our commitment to safeguard the health of our employees, to provide a safe place for our employees to work, and to promote a drug free community, the CRA has established a Drug Free Workplace, prohibiting the use or abuse of alcohol and drugs by employees. In the spirit of safety, employees are expected to support our drug free workplace. Substance abuse, while at work or otherwise, seriously endangers the safety of employees, the general public, and creates a variety of workplace problems including a decline in the quality of products and services provided. Employees injured in the course and scope of employment that test positive on drug or alcohol tests may forfeit medical and indemnity benefits under Florida's Workers Compensation. Refusal to take drug or alcohol tests also results in forfeiture of medical and indemnity benefits under Florida's Workers Compensation and automatic termination of employment. Reasonable assistance is offered to employees who voluntarily recognize a substance abuse problem. However, performance standards are upheld even if 'Below Expected' performance is related to drug or alcohol use; such instances result in disciplinary actions. Violations of the Drug Free Workplace policy are not tolerated and result in disciplinary actions up to and including termination, SECTION 06: EMPLOYEE BENEFIT PROGRAMS 6-1 V ACTION LEAVE: A. Purpose of Vacation Leave The purpose of vacation leave is to provide regular full-time exempt and non- exempt employees with an opportunity to be absent from work for approved reasons without loss of payor benefits. B. Accrual Rate and Maximum Accrual - 32 - Vacation leave is accrued based on the employee's length of service with the CRA. New employees accrue vacation leave days retroactive to their hire date and may begin to use such vacation leave accrual upon completion of the ninety (90) day probationary period initiated with the employee's first day of employment. Accrual rate, as outlined in the following table shall occur from the date of initial employment and accrue per completion of the established pay period cycle. All references to "years of service" are defined as "continuous" years of service for the purposes of this policy. Pay Annual Annual Years of Service Period Hours Davs Accrual Years 1 through 4 3.08 80 10 Years 4 through 9 4.62 120 15 Years 10 and after 6.15 160 20 The maximum number of vacation hours that an employee may accrue cannot exceed 320 hours. Any vacation hours in excess of 320 hours will be forfeited. Upon separation the eRA will payout the accrued vacation time up to a maximum of 320 hours. 6-2 SICK LEAVE: As each month passes, a regular full-time exempt or non-exempt employee accumulates one (1) eight (8) hour day of sick leave to a total of twelve (12) days per year constituting a maximum ninety-six (96) hours per year. Sick leave with pay shall be computed from the hire date of the employee with accumulation of sick leave not to exceed 480 hours or sixty (60) working days. Upon separation the CRA will payout the accrued sick time up to a maximum of 480 hours. An employee will be granted sick leave if the employee's absence from work is necessitated by one (1 ) of the following reasons: A. Employee's health or the health of an immediate member of the employee's family. (For purposed of this section, "immediate family" is defined under Definitions, Section 1-4). B. Medical, dental or optical treatment, which is necessary during working hours. C. Quarantine due to exposure to a contagious disease. All requests for more than three (3) consecutive days of sick leave must be accompanied by a doctor's certificate explaining the absence and/or unfitness for - 33 - duty. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. Employee absences for more than three (3) consecutive days due to national, state, or local emergencies will not require a doctor's certification. 6-3 HOLIDAYS: A. The following holidays will be observed each year: New Years Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Eve Christmas Day B. Other days as specifically designated from time-to-time. The CRA Executive Director reserves the right to declare these and any other holidays on a date designated by the CRA Executive Director; such dates do not necessarily have to be on the specified traditional date, but on the date that meets the best interest of the CRA. Regular full time employees shall be paid for the legal holidays at their current pay rate. Regular full time non-exempt employees who work on a holiday shall also be paid for their holiday plus the time worked at straight time. Regular full- time employees must be in pay status during regular workdays immediately before the holiday and after the holiday in order to receive pay for the holiday. Part-time, temporary, and emergency appointed employees are not entitled to holidays with pay. 6-4 COMPASSIONATE LEAVE: Employees may be granted by the CRA Executive Director, upon request, up to five (5) working days of compassionate leave with pay due to a death in an employee's Immediate Family. Under extreme circumstances and with the written approval of the CRA Executive Director, the leave may be extended. 6-5 JURY DUTY: - 34. -f o - D) c 3: ~ C/) OJ :J: ~ OJ OJ - D) D) .., .., - 3 tIl D) 0 cQ' ~ _. .., 0 D) 0 (') :::::!. ur 0 .., ~ C :T r 0" '< C ~ ~ tIl :T ~ - D) D) tIl (') ~ fI) ~ < - D) z > -f > G) 3: " C/) 3: < r 3: :T "C :T D) C D) ~: iii' m ~ :::::!. ~ - fI) .., D) CiJ tIl ~ :T D) cc D) :T '< ~ ~ ~ " tIl D) ~ U1 D) ~ ~ - r ~ D) < -f ~ :J: 0 ~ N c..u ~ ~ 01 N c..u lit -...J ~ 0) ~ OJ 0 ~ -...J ~ 0 - 0 OJ 01 ~ 0) -...J c..u c..u 0) c ~ 01 01 -...J N -...J OJ 0) 01 U1 0 0) 0) N OJ 0) ~ 0) 0) ~ -Efi -Efi -Efi ~ ~ -Efi ~ -Efi C 2- -f 0 ~ ~ ~ ~ ~ ~ D) lit ~ ~ ~ N ~ 0) 0) c..u <0 U1 0 N ".!::. <0 <0 c..u 0) OJ ".!::. r <0 0 -...J ~ 0) 0) ~ <0 <0 ~ 0) c..u 01 -...J -...J ~ OJ ~ <0 D) ~ 0 ~ 0 0) c..u ~ 0 0) < 01 OJ 0 N 0 -...J N ~ ~ ~ N -...J <0 ~ c..u ~ ~ ~ o ~ o 01 <0 c..u OJ <IY '/"-: /~~'c,~lt.--.,.~ ?~. ...-"'\' ~~~~Y~T2~lcRA Ii East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 8,2010 I I Consent Agenda I I Old Business I I New Business I I Legal I X I Other SUBJECT: Consider Revocation of CRA Board Policy Requirement for the monthly Public Comment Log SUMMARY: . On February 10,2009, the CRA Board established a policy for the Executive Director to provide a monthly report to the CRA Board of all complaints. . On May 3,2010 at the weekly meeting between the CRA Board Chair, CRA Counsel and Executive Director, the Board Chair requested the "Informational Items" section be removed from the monthly board agenda. It was agreed the Executive Director would adjust the agenda. . The "Informational Items" section including the monthly "Public Comment Log" as approved by the CRA Board. FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJECT: Administrative Procedure Manual. RECOMMENDATIONS: Approve the removal the monthly "Public Comment Log" as part of the CRA Board agenda. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\06-0B-10 Meeting\Public Comment Log.doc Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 was available onsite, and continuous trolley service was accessible at Bank of America beginning 5:30 p.m. to 9:30 p.m. Food and beverages would be available. She encouraged everyone to attend. Chair Taylor noted everyone could dance to the music of the band. She thanked the Board members for their donations in support of the concert series. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting January 13, 2009 B. Approval of Minutes - CRA Board Special Meeting January 20,2009 C. Approval of Minutes - CRA Board Special Meeting January 26,2009 D. Approval of Period-Ended January 31, 2008 Financial Report E. Administrative Policy Manual (Tabled January 13, 2009) Mr. Weiland pulled this item F. Approval to Rescind Work Order #07013.1 with Hedrick Brothers Construction, Inc. for Value Engineering Services at 211 E. Ocean Avenue G. Approval of a Commercial Fa<;ade Grant in the amount of $15,000 to Woolbright Development, Inc for the property located at 1625 South Federal Highway Motion Mr. Hay moved to approve the agenda less the items pulled. Ms. Ross seconded the motion that passed unanimously. VII. Pulled Consent Agenda Items: (Heard out of Order) E. Administrative Policy Manual (Tabled January 13, 2009) Mr. Weiland requested a brief summary of the item. Ashley Buckley, Administrative Services Manager, explained the Administrative Policy Manual was created in 2003 and was updated, as it contained antiquated logos, Board member names, and account information. It was an internal policy for staff to use. It provided direction to staff, in the event of absences, another staff member could perform their tasks. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 The following sections were discussed: The Interoffice Complaint form, part of Human Resources Manual was removed. It was clarified the Human Resources manual was a part of the Administrative Policy Manual. The update separated the policy manuals, which were still in place, and made the document more user friendly. The Grants Management Section, under Economic Development was removed. When the policy was created, an Economic Development position was contained in the organizational chart. There were four employees working at the time, with additional positions anticipated. Since then, staff compiled job descriptions and tasks, put them in one section, and made the Administrative Policy Manual handle only administrative functions. The document was similar to an operating manual. It was noted job descriptions were different from an operating manual. Ms. Buckley suggested the old manual be reviewed, as the procedures were not taken away; they were relocated to a more appropriate section. The Quasi-judicial Proceedings were removed at the recommendation of legal counsel; however, there was discussion those were the types of issues that would impact the Board, and the Board members needed to be aware of them. Vice Chair Rodriguez requested a very brief listing of the most important items changed the changes made. He also requested a list of the top five items that had the greatest impact on staff and the Board. Ms. Buckley agreed to forward them. Jim Cherof, Board Attorney, explained the preparation of the Administrative Policy Manual was a tedious task. He worked with Ms. Buckley on it and praised what she accomplished. He noted the document contained a summary of changes, which he reviewed. The Booking of Appointments section was removed. Attorney Cherof suggested the CRA staff maintain a master calendar so Board members are able to research how staff action developed, who was involved in the process, and whom they met with. Many public organizations maintain a master calendar. The Document Identification Section was removed. Attorney Cherof suggested the footer in the Administrative Policy Manual reflect where the document is located electronically. From a public records review, he recommended footers be used on all documents, so if a request was made, the document could be tracked. The Policy and Procedure Agenda was reviewed. The section sets the procedures for how the agenda is developed. It specifies the Executive Director would meet with each Board member to discuss any agenda questions prior to the meeting. Attorney Cherof suggested, "The Executive Director shall meet with each Board member who desires to meet, to discuss any agenda questions." The language removed the implication the Board members have a mandatory duty to meet with the Executive Director. It was 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 suggested language meeting with the Assistant Director or other staff in the event the Executive Director was out sick be used. Attorney Cherof agreed that would be fine Mr. Hay commented it appeared the Board was changing a policy to match a personality and the members may not be on the Board in the future. Attorney Cherof explained not all current Board members have the same approach to preparing themselves for meetings. The Executive Director will be available to meet with each Board member, but it should not be mandated that it occur because later the policy could return, indicating the Board approved the policy but refused to meet with the Executive Director. Changing the language to read, "The Executive Director wHt, may meet. . . ." was suggested. The Public Inquiries and Citizens Complaints section was reviewed. Paragraph three reads "Reoccurring complaints, and those deemed significant by the Executive Director, will be relayed to the Board of Directors." Attorney Cherof pointed out the term "deemed significant" was subjective. There is a policy requirement to maintain a complaint log, and it was suggested staff make the log available to the Board each month. Ms. Bright requested a definition of what could be construed as a complaint. It was noted the Community Redevelopment Agency does not receive complaints often and if they do, it is of the nature of the color of Las Ventanas, or a resident was not waiting at the right location for the trolley stop. Those calls do not make it into the complaint log. Vice Chair Rodriguez responded anything that was within the Community Redevelopment Agency's control or when a resident indicates they do not agree with something, should be logged. Attorney Cheraf clarified that although staff may have to respond to the complaint, the citizens hold the Board responsible and accountable. He suggested instead of the Executive Director having to select what is a complaint; just turn the sheet over to the Board once a month. After discussion, all complaints would be logged and turned over to the Board. Motion Mr. Weiland moved to approve Item E of the Consent Agenda, with the Attorney's recommendations. Mr. Hay seconded the motion that passed unanimously. Ms. Buckley would forward the information within a week VIII. Information Only A CRA Policing Activity Report for the Month of January, 2009 and District Statistics for the Months of December, 2008 and January, 2009 B. Boynton Beach CRA and Trolley Website Updates 4 ~~~ctY~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 8,2010 I I Consent Agenda I I Old Business I I New Business I I Legal I I Other SUBJECT: Review of the CRA and 2006 Adopted Rules of Governance SUMMARY: . 1982 City Commission and PB County create a Boynton Beach Community Redevelopment area. . 1996 Visions 20/20 outcome is for an independent CRA Board . 10/4/2000 - City staff recommends appointments to independent CRA Board . 12/5/2000 - City transfers CRA Budget of $780,239 to independent CRA . 11/20/2001 - City Commission authorizes ordinance for approval of independent CRA staff . 2002 - initial CRA staff hired . 2003 - program development and visioning process . 2004 - 2005 devoted to numerous workshops for the Boynton Beach Boulevard Plan, Height & Density and Design Guidelines additional CRA staff expansion . 1/20/2005 - as real estate market explodes the CRA Board recruits for a planning director to finalize redevelopment plans to meet downtown demand . 03/10/2005 - CRA Board determines necessary to hire an Assistant Director to oversee operations and build stronger accountability procedures thus allowing the Executive Director adequate time for deal making . 10/08/2005 - Executive Director resigns . 12/20/2005 - Workshops finished on retail demand analysis and downtown heights within the Central Business District and implementing a "wedding cake" effect to create a visual skyline with varied heights . 1/10/2006 - Board Governance Training recommended · 2/14/2006 - Board recommends Downtown Master Plan to update 1996 Visions 20/20 citizen recommendations · 3/30/2006 - CRA Board recommends hiring human resources consultant to conduct an organizational audit and implementation at a cost of $45,833.00 · 5/9/2006 - Adoption of Board Rules of Governance and Board Orientation process and acceptance of organizational audit report . 6/19/2007 - City Commission removes CRA Board C:\Documents and Settings\brightl\Desktop\Cover Sheet Template.doc 30YN.TON. (~.:, 3tAC'HC East Side-West S'lde-Seas',de Renaissance FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJECT: Administrative Policy Manual RECOMMENDATIONS: None. u.... . a Bright, Executive C:\Documents and Settings\brightl\Desktop\Cover Sheet T emplate.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RULES OF GOVERNANCE T. CRA BOARD A. Scope of Duties. The CRA Board shall be the governing body of the CRA and is responsible for the legislative and policy functions. The Boynton Beach CRA Board's scope of duties are as set forth in Chapter 163, Part III, Florida Statutes and the Ordinances of the City of Boynton Beach, as amended from time to time, B. MeeUm! Procedures. Board meetings shall be conducted according to procedures enacted by the Board. In the absence of Board-enacted procedures, Board meetings shall be governed by Robert's Rules of Order. C. Conflicts of Interest. CRA Board members shall at all times conduct themselves in compliance with the conflict of interest requirements as set forth in Chapters 163 and 112, Florida Statutes, as welJ as any other applicable State statutes and City ordinances. D. CRA Expenditures. CRA funds may only be expended in fUltherance of the CRA's mission and duties as provided for in the Florida Statutes and City ordinances. To that end, the following shall apply: 1. The Board shall, as required by law, prepare and enact an annual budget reflecting all anticipated revenues and expenditures. 2. Expenditures not specifically reflected in the budget or otherwise falling within the category of budgeted normal operating expenses, shall require Board approval at an official regular or special Board meeting. 3. Board members and, when appropriate, staff shall be entitled to reimbursement of expenses incurred in the course of official CRA business subject to the following: (a) Such reimbursement shall be in compliance with relevant state and city laws and ordinances, consistent with audit findings of any regular or special audit commissioned by the CRA board, Boynton Beach City Commission or other governmental entity, and pursuant to any Board adopted policies and procedures; '. (b) Such reimbursement shall be subject to reporting and submission requirements as established by the Executive Director or his/her authorized designee for implementation of Board adopted policies and procedures or, in the absence of such Board adopted policies and procedures, as determined by the Executive Director; 4. Board members shall restdct their use of eRA offices, telephones. business machines or other properties to the sole purpose of conducting CRA business or addressing CRA matters or concerns. All other uses shall be permitted only in accordance with CRA policies and procedures and subject to reimbursement to the eRA of the actual cost or value of the non-CRA related use of such services or properties E. Miscellaneous. II. ADMINISTRATION A. The CRA Board, by majOl;ty vote of its membership, shall appoint an Executive Director who shall serve at the pleasure of the Board. The Executive Director shall be appointed on the basis of executive and administrative qualifications as established by the Board, The compensation and benefits of the Executive Director shall be detetmined by the Board. The Board shall annually review the Executive Director's performance. The Assistant Executive Director, in the absence of the Executive Director, shall perform the duties of the Executive Director dUling his/her temporary absence Should the position of Assistant Executive Director not be filled, the Executive Director shall designate an indi vidual who shall perform the duties of the Executi ve Director dUling his/her temporary absence. B. The Executive Director shall be responsible to the CRA Board for the proper administration of all affairs of the CRA coming under his/her jurisdiction and 10 that end the Executive Director's powers and duties include: I. To see that the policies and directives of the eRA Board are enforced. 2. To administer and manage the day to day operations and activities of the CRA. 3. To prepare and submit an annual budget to the CRA Board for ils consideration. 4. To attend all meetings of the CRA Board with the right to take part in the discussion but without having a vote. 5. To recommend to the CRA Board for adoption such matters as he/she may deem necessary or expedient in the interest of the CRA. 6. To employ and remove all employees of the CRA: provided however, that independent contractors such as the CRA attomey. consultants and olher contract vendors shall be appointed and removed in the sole discretion of the CRA Board. 7. To make such repOlts as the CRA may require concerning the operations of the CRA. 8. To expend CRA funds or authorize the expenditure of CRA funds only in compliance with State and City law, the budget approved by the CRA Board, obligations incurred in the normal course of CRA business and as otherwise authorized by the CRA Board. 9. To perform such other duties as may be directed by the CRA Board. C. No member of the CRA Board shall dictate the appointment of any person to office or employment by the Executive Director or in any manner interfere with the Executive Director or prevent him/her from exercising his/her own judgment in the appointment of employees in the administrative service. D. The Executive Director shall be the administrative head of the CRA under the general supervision of the CRA Board. Except for the purpose of inquiries and investigations, neither the CRA Board nor its member shull deal with CRA employees who are subject to the direction and supervision of the Executive Director, or with contractors, suppliers or vendors of the CRA except through the Executive Director, and the CRA Board members shall not give orders to any such employees, contractors, suppliers or vendors either publicly or privately. Except as specifically directed by the CRA Board as a whole, and as otherwise reflected in officially adopted and enacted Board resolutions, policies and procedures, the Executive Director shall have the sole authority and responsibility to direct the actions and tasks of CRA staff. Nothing in the foregoing is to be construed to prohibit the CRA Board from closely scrutinizing by questions and personal observations, all aspects of CRA operations so as to obtain independent infOlmation to assist them in the formation of sound policies to be considered by the CRA Board. E. In order to insure the effective and efficient performance of staff duties and functions, office visits by Board members with the Executive Director, or through the Executive Director, other members of the CRA slaff, shall be scheduled by appointment through the Executive Director or his/her designee. All meetings with more than one (l) Board member at a time shall be publicly noticed as required by law. F. Between official Board meetings. the Executive Director shall endeavor to keep Board members reasonably informed of events or situations affecting the CRA which, in the view of the Executive Director, require Board notification prior to the next Board meeting or workshop. In the event the Executive Director is required, due to unforeseen and/or uncontrollable circumstances, to deviate from a course of action he/she was directed to take by the Board or had otherwise publicly announced, he/she shall immediately consult with the Board chair, or in his/her absence, the Vice-chair, and will provide notification to the remaining Board members as soon thereafter as practicable. All such actions and communications shall be conducted in full compliance with Flotida's Government in the Sunshine and Public Records Laws. 1:\Client Documenls\Boynlon Beach CRA\2419-000\Misc\Rules of Governance.doc (f) ""U ""U (f) OJ I r- 0> (I) (I) .-+ 0 :::0 c... -= ..... 0> 3- 3- 0> 0> ::: ....... ..... 0 ~ ~ ..... ..... (I) Q.. 0 ;/ :3 :3 <0 (f) GJ ::J ~ 0> 0> (") (j) c 0 i =2 ::J ::J ~ < c ;::: (") (") (I) ;::+: (I) (I) (I) 0> ..... ::J ~ '< ::J ::J >> >> 0> 0> <0 ~f: 0> -0 -0 <0 ::J (f) ::J -0 -0 (I) (") ....... Q.. ..... ..... :3 (I) c ....... 0> 0> Q.. ~ 0 (I) '< ~ (j) (j) 2 a- 0> 0> ::J 0 .-+ (") -... ~. 0> 0 5 (j) ?; (j) ::p :::;.; 0 O' ~ 0> ....... :,:: O' j ::J S, (j) ,.t: ~ g' ~fQ S C- -0 (f) :3 0> 0 0> 0 0> (") Q.. :3 -I Q.. -... ~ CD -0 ::J ::J 0 0 (I) C -0 (I) (I) CD ::J (I) -0 -0 < Q.. < Q.. :3 -0 (j) :-.; C/J CD (") (") (") ;,,- (I) (") a (I) (I) (j) :3 (I) :3 ....... t'.. :::;.; :3 0 !:t :::!. O' ::J :3 -0 0 ....... :3 -0 .~ o' 0> C < -0 ....... 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(Xl 0 ~ (Jl w ~ 0 0 0 --J ~ W I\.) 0 0 0 ~ --J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 9, 2006 view as far as a timeline for construction. The job would be to gather all the information on all the projects and the ones coming up in the future. The board inquired whether CRA staff could conduct the analysis. Mr. Reardon expressed he is not a TIF expert and he did not feel comfortable guaranteeing revenues. It was also noted the term of the data is good for approximately three years. Ms. Bright explained on a prior project TIF revenues were estimated to be about $770M. Motion A motion was made by Vice Chair Norem to approve the contract with Culpepper and Turpening. Mr. Myott seconded the motion that unanimously passed. D. Six-month CRA Plan Last week, the City Commission gave the CRA direction to bring back a six month CRA Remedial Plan. Ms. Bright explained a draft was included in the board packets and Dr. Willis was present to review the item, a copy of which is attached to the original minutes. The document contained her findings and recommendations based on her analysis of the eRA and was to improve Understanding and Implementation of the CRA Policy and Directives, and Governance and communication between the CRA Board and staff. There were several recommendations made. Vice Chair Norem left the dias at 9:47 p.m. Vice Chair Norem returned to the dias at 9:52 p.m. Ms. Bright explained the purpose of the document is to realign staff for a first line of communication. Attorney Spillias recommended a motion be made to receive and file the report. The suggestions regarding the Rules of Governance will be further incorporated. Any specific actions staff should take will be placed on next month's agenda. Motion A motion was made by Vice Chair Norem to receive and file the report. Ms. Horenburger seconded the motion that unanimously passed. E. League of Cities Gala Dinner Dance & Installation Ms. Bright announced Vice Mayor McKoy is being installed as President of the Florida League of Cities. The CRA was asked to sponsor a table of 10 for this event. Motion A motion was made by Ms. Horenburger to sponsor a table for the event. Mr. Myatt seconded the motion that unanimously passed. X. Future Project Preview Town Center at Waterfront Park and Ocean Point Tower Ms. Bright indicated she asked this developer to reschedule their presentation. XI. Comments by Board Members 14 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Hnal Materials Must be Turned into Meetin!! Dates Turned into CRA Office Meetin!! Dates CRA Office 0 January 10, 2006 December 27,2005 (Noon.) 0 July] 1, 2006 June 27.2006 (Noon) February 14, 2006 January 31,2006 (Noon) 0 August 8. 2006 July 25. 2006 (Noon I 0 March 14,2006 February 28,2006 (Noon) 0 Septem ber 12. 2006 August 29.2006 (Noon) 0 April] ], 2006 March 28, 2006 (Noon) 0 October 10.2006 September 26, 2006(Noon) . May 9, 2006 April 25, 2006 (Noon) 0 November 14. 2006 October 3 I. 2006 (Noon) 0 June 13, 2006 May 25, 2006 (Noon) 0 December 12. 2006 November 28, 2006 (Noon) NATURE OF AGENDA ITEM . Consent Agenda o Director's Report o Old Business o New Business o Legal o Future Agenda Items o Other Item SUBJECT SUMMARY PARAGRAPH: CRA Board 6-month Continuous Improvement Plan At the May 2, 2006 City Commission Meeting, the results of the "Discussion of the CRA" require the CRA Board to establish a strategic plan for the next six months governing performance standards of the agency. As a result of the last month's board direction to staff, the following items are in various stages of implementation: 1.) Conduct an HR Organizational Audit to evaluate board/staff interaction and communications. Interviews are complete and the executive summary should be ready for board review at the CRA Board meeting. The goal is to strengthen the Board's Rules of Governance as it relates to human resource practices of the agency. 2.) Attorney Spillias and Lisa Bright met with Attorney Cherof and Sharyn Goebelt, City of Boynton Beach Human Resources Director to create an Interlocal Agreement to provide consulting HR services to the Agency. This document is in the development stages and brought to the board at a later date. 3.) As a result of the meeting with the City's representatives, it was recommended that the CRA create HR accountability through the staff work program. Ms. Bright met with Dr. Willis and will be realigning the scope of work under the Finance Assistant position to handle the grievance and/or formal complaint process under the direction of the Executive Director. 4.) The organization audit revealed the need for closer communication with City to apprise them of the work of the CRA. In order to restore confidence in the agency, a spokesperson should be designated to provide regular updates to the City Commission on the activities of the agency. RECOMMENDATION: Discuss and outline the 6-month strategic plan for the CRA Board FISCAL IMPACT/FUNDING SOURCE: Negligible to none. ALTERNATIVES: Not develop a strategy. CRA STAFF: Lisa Bright, Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2005 - 2006 Board Meetings\06 05 09 CRA Board Meeting\CRA Board 6-month Continuous Improvement Plan.doc SALUTE TO INDEPENDENCE THE BOYNTON BEACH CRA PRESENTS SALUTE TO INDEPENDENCE SUNDA~ JULY 4 FREE EVENT 6:30 - 9:00 p.m. Live Music by Synthesis Band 7:30 p.m. Patriotic Salute featuring Lou Galterio 9:00 p.m. Spec:taadar Fireworks by ~_ ~I~ INTRACOASTAL PARK Federal Hwy., South of Gateway Blvd. Free Park & Ride from Bank of America, Federal Hwy. & Ocean Ave. Park opens at 6:00 p.m. FOOD & DRINK VENDORS ON SITE ~ :t;. I~R~e~lcRA Ii Eut S4de-Wast SMS.-s.uMie """UftC:. SOUTH FLO~A. 111.= 11I1= COUNTRY -lite I',t!m Bl'~1l II Pmt p , I , .\. : 'I' 1..1'.Il'l I Page 1 of 1 Majoy, April ,- - ~--_.. -- .._. - - -------- -~ ~ ~_._--- -~-_..- -- "-_.~--~--~.- ~_.__ __.~___. ____.' _ ..._.._.._..______w ..___"___~.__.._ ._____~__ ~_ ----- ~ ___T From: Biscuiti, Kathy Sent: Thursday, January 21,20101:46 PM To: Majoy, April Subject: FW: Banana Boat. Clydesdales Importance: High __ ___._n.... ._~-___...~,__. .___,~____.... ._....~_.,_. .~_.._ ~"" .__ _,..__ __. _'n_' , --_ --,- -~~---- . --... -_.-. - ..--...-- From: Bressner, Kurt Sent: Thu 1/21/20101:31 PM To: Biscultl, Kathy Cc: Immler, Matt; Bright, Lisa; Clark, Craig; Segal, Wayne; LaVerriere, Lori; 'Luke Therien'; Rivers, Jody; Kelley, Michael; Taylor, Jerry Subject: FW: Banana Boat - Clydesdales Surprisel Don't kill the messenger... Kathy. If It Is ok with Lisa, please put out an advisory to the CRA Board and other Interested parties. Chlef/5gt Kelley, I think the revised traffic configuration Is easier. Unfortunately, we had planned to have kids be AT the museum at 4-4:45. So, I guess that's show biz. Craig, .. I'm alerting you to advise the Children's Museum of the change In time. The kids will still have an opportunity to see the horses, albeit earlier than what was announced. What am I missing? Luke please stay In touch with Kathy Biscuiti on this event. Change is good, change Is good, change Is good..... Kuti Bress~er, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd, P.O. Box 310, Boynton Beach, FL 33425-0310 (56] )-742-601 0 (office) or (561) 436-2328 (cell) http://www . bovnton-beach.org -,,--~---,--'-~-"~'--'-"'~"" .'-~.._~- _.__.._-~---_. ---~- ---------- -. ..".__-.._._------_...--~----~---- From: Luke Therien [mallto:luketherien@bellsouth.net] Sent: Thursday, January 21, 2010 11:40 AM To: Bressner, Kurt; Taylor, Jerry; kelleym@cLboynton.beach,f1.us; Rivers, Jody; Segal, Wayne Subject: Banana Boat - Clydesdales The Clydesdale crew chief arrived Wednesday and wants us to simplify the traffic plan for the Clydesdale Horses for Friday afternoon. The horses will start at the school house museum and take a one way shot to the Banana Boat, instead ofthe original round trip, He says this will cut the traffic issues in half during a busy Friday afternoon and improve pedestrian safety, and cut on police issues, It will also allow more time for people to visit with the horses and talk with the trainers. The horses will be dropped off at the school house museum just before 3pm, and the empty trailers will be immediately driven to Banana Boat. The horse and wagon will stay at the school house museum from 3pm until4pm, and then head east towards Banana Boat around 4pm. The horses will be at the Banana Boat from that point until about 7pm. There will be five (5) trainers around the horses at all times. The overall time frame stays the same. Let me know of any questions you may have. Luke Therien. cell # 561-704-3535 617/2010 Page 1 of 4 Biscuiti, Kathy From: Biscuiti, Kathy Sent: Thursday, December 17, 2009 4:17 PM To: Bressner, Kurt; 'luke Therien'; Welsh, Pam Cc: Magazine, Chuck; Immler, Matt; Segal, Wayne; Bright, Lisa; Majors, Wally; laVerriere, Lori Subject: RE: Banana Boat Thank you! Pam...the only day I am in next week is Monday. Kathy From: Bressner, Kurt Sent: Thu 12/17/20094:07 PM To: 'Luke Therien'; Blscuiti, Kathy; Welsh, Pam ee: Magazine, Chuck; Immler, Matt; Segal, Wayne; Bright, Lisa; Majors, Wally; LaVerriere, Lori Subject: RE: Banana Boat Good afternoon, For purposes of coordination, let's treat this as a special event activity so we can get the parties lined up with what needs to be done. Pam, Early next week find out when the team can meet for a short meeting to discuss the logistics. We need to make this event happen as it will provide excellent exposure for Boynton Beach. The eRA will be assisting in anyway that may be needed. I think It Is mainly a PDrrrafflc and a media relations event, but I may be wrong. Luke will get us the contact Information from Budweiser. The Mayor is on board to participate and is quite excited. Our job - make it happen safely and so everybody gets to experience this very unique part of American life, right here in Boynton Beach. For all you do, this event's for 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) http://www.boynton- beach.org From: Luke Therien [mallto:luketherlen@bellsouth,net] Sent: Thursday, December 17, 200911:43 AM To: Bressner, Kurt; Biscuit!, Kathy Subject: Re: Banana Boat 6/8/201 0 Page 2 of 4 We have finalized the date and time for the Budweiser Clydesdale Horses. This includes three (3) tractor trailers with (8) clydesdale horses, wagon, dalmation dog etc. 1. Arrival at Banana Boat on Friday January 22nd at 3pm. 2. Unload trailers, dressing/wagon & horse preparation takes about 45 minutes. 3. Depart Banana Boat 4pm by horse and wagon heading west on Ocean Avenue. Horses take a right turn on Seacrest, take a right on N.E. 1st Ave, turn into City Hall for Pictures with Mayor etc. Reverse directions back to Banana Boat. 4, Return at Banana Boat at 5pm. 5. Horses available for viewing from 5pm to 6pm 6. Leave Banana Boat at 7pm. Let me know if you have a problem with this route. We would like to get Mayor Taylor on the Wagon leading the horses etc. to and from Banana Boat if he can. Let me know of any other suggestions. Luke Therien '__"._~'_'_"~_.__'_'__ on"'_ ____ ~,_ _ .__._~~__~_.._..___..__,,__"'._~'_.'____ __~ - -_. -- - _---<0_ - __no . ----. .._~---- - - - .'.' - --. --. - From: "Bressner, Kurt":<BressnerK@bbfl.us> To: "Biscuiti, Kathy" <BiscuitiK@bbfl.us> ee: "Bressner, Kurt" <BressnerK@bbfl.us>; luketherien@bellsouth.net; "Bright, Lisa" <BrightL@bbfl.us> Sent: Tue, December 15, 2009 12:26:51 PM Subject: Re: Banana Boat The City is ready to assist also. Luke, please confinn we are a go. Kurt Sent from my iPhone KUl1 Bressner 561-436-2328 (cell) On Dee 15,2009, at 11: 19 AM, "Biscuiti, Kathy" <BiscuitiK@bbfl.us> wrote: Hi Kurt and Luke, What great news for Boynton Beach, please Jet me know if you would like to have me involved in the process of making this into an event. The dates mentioned are only five weeks away...please let me know your thoughts so that we can schedule a planning meeting soon. Also, please Jet me know who the point person is on this event. Thank you, Kathy Biscuiti eRA Special Events Director 561-445-2973 om-Original Message-m- From: Biscuiti, Kathy To: Biscuiti, Kathy Sent Tue Dec 15 09: 11 :20 2009 6/8/2010 Page 3 of 4 Subject: FW: Banana Boat From: Bressner, Kurt Sent: Wednesday, December 02,20099:06 PM To: Luke Thelien Cc: Imm]er, Matt; Bright, Lisa; Segal, Wayne; Biscuiti, Kathy; LaVerriere, Lori; Magazine, Chuck; Majors, Wally Subject: Re: Banana Boat Luke, ] think this is wonderful. Yes, we will be glad to help, Let me ask a team from the City and the CRA staff to work with you. This weekend is the CRA and City's Holiday event so our follow-up will be next week. Maybe the route from Banana BoavChi]drens Museum with the Mayor greeting the procession would be a possibility? Thanks, Kurt Sent from my iPhone Kurt Bressner 561-436-2328 (cell) On Dec 2, 2009, at 4:53 PM, "Luke Therien" <luketherien@beIlS9uth.net> wrote: Hi Kurt: Banana Boat has an oPPoliunity to bring the Budweiser Clydesdales to Banana Boat and to downtown Boynton Beach for a 4 (four) hour slot either Thursday, Friday, or Saturday week of January 21 sf. ]t would be only one of those days. We haven't decided which one yet, but it would be let's say 3pm to 7pm. It is a pretty elaborate setup involving 3 (three) tractor trailers setting up at Banana Boat. I was thinking of taking the Clydesdales to City Hall and back to Banana Boat. This would be a great public relations attraction for the City of Boynton Beach i[we promoted it properly. The drive time ITom Banana Boat to City Hall and back would be about one (I) hour. The Clydesdales may need a police escort to cross Federal Highway etc, otherwise they would be parked at Banana Boat. If you help me with the logistics with the police, ] would pay for all the promoting and all the costs of getting the clydesdales over to us. 6/8/2010 6/8/2010 Page 4 of 4 What do you think? Do you want to have a shOJi meeting? Luke Therien cel] # 561-704-3535 5-3 ADDRESS AND TELEPHONE NUMBERS: Employees are required to report any change in address or telephone number to the CRA Executive Director and HR Designee within ten (10) working days of the change. Failure to comply with this requirement may result in disciplinary actions up to and including termination. The employee shall also maintain on a current basis the name, address and telephone number of the person(s) to contact in case of emergency. 5-4 POLITICAL ACTIVITY: No CRA employee shall take any active part in political campaigns or other political activities during duty hours. In accordance with Florida Statutes, as amended, employees are prohibited from engaging In certain types of political activities while either on or off duty. Employees, In their private capacities, may express their opinions on any political candidate or issue and/or participate In campaigns during their off-duty hours; however, they are prohibited from using their official authority or influence or appearance of doing so through the wearing of CRA uniforms or official attire, or in CRA vehicles while participating in political campaigns, for the purpose of aiding or interfering with an election or nomination, or coercing or influencing another person's vote or affecting the result thereof. No buttons, bumper stickers, pins, or any political slgnage shall be adhered to CRA vehicles, or worn during the workday while on the job, or worn on CRA official attire, or posted on or about CRA premises. Nothing herein shall be construed to prohibit an employee's right to engage in casual workplace discussions on social or political topics, so long as such discussions do not, in the judgment of management of the CRA, interfere with the orderly, peaceful, and efficient performance of assigned duties or with the valid exercise of authority of management. 5-5 RESIGNATION: Resignation is the voluntary separation of an employee from employment accomplished by serving a written notice expressing a decision to end employment with the eRA. Such written notice shall be deemed to be accepted immediately. An employee who wishes to leave in good standing shall provide at least two (2) weeks notice, before leaving, Resignations may be rescinded only with the written approval of the CRA Executive Director. All employees who have completed their probationary period and given two weeks written notice will receive their accumulated sick, vacation and compensatory time to date subject to the maximum accumulation times defined in this polley and reimbursement for as yet non-reimbursed expenses. Medical, dental, vision, and - 31 - Statutes & Constitution :View Statutes: Online Sunshine Page 1 of2 Select Year: 2009 fGOl The 2009 Florida Statutes ~ Chapter 104 Y1mfD1tr~-~ ELECTORS AND ELECTIONS ELECTION CODE: VIOLATIONS; PENALTIES 104.31 Political activities of state, county, and municipal officers and employees." (1) No offfcer or employee of the state, or of any county or municipality thereof, except as hereinafter exempted from provisions hereof, shall: (a) Use his or her official authority or Influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person's vote or affecting the result thereof. (b) Directly or Indirectly coerce or attempt to coerce, command, or advise any other officer or employee to pay, lend, or contribute any part of his or her salary, or any money, or anything else of value to any party, committee, organization, agency, or person for political purposes. Nothing in this paragraph or in any county or municipal charter or ordinance shall prohibit an employee from suggesting to another employee in a noncoerclve manner that he or she may voluntarily contribute to a fund which is administered by a party, committee, organization, agency, person, labor union or other employee organization for political purposes. (c) Directly or indirectly coerce or attempt to coerce, command, and advise any such officer or employee as to where he or she might purchase commodities or to interfere In any other way with the personal right of said officer or employee. The provisions of this section shall not be construed so as to prevent any person from becoming a candidate for and actively campaigning for any electIve office in this state. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates. The provisions of parag'rapt\ (a) shall not be construed so as to limit the political activity in a general, special, primary, bond, referendum, or other election of any kind or nature, of elected officials or candidates for public office in the state or of any county or municipality thereof; and the provisions of paragraph (a) shall not be construed so as to limit the political activity in general or special elections of the officials appointed as the heads or directors of state administrative agencies, boards, commissions, or committees or of the members of state boards, commissions, or committees, whether they be salaried, nonsalarled, or reimbursed for expense. In the event of a dual capacity of any member of a state board, commission, or committee, any restrictive provisions applicable to either capacity shall apply. The provisions of paragraph (a) shall not be construed so as to limit the political activity in a general, special, primary, bond, referendum, or other election of any kind or nature of the Governor, the elected members of the Governor's Cabinet, or the members of the Legislature. The provisions of paragraphs (b) and (c) shall apply to all officers and employees of the state or of any county or hH,,' / j",,,,,,, ]po dMp fl 1l"/~tMlltp<'/i"r1pv f'fm ?mnrlp=VipwO/n ?()~t:1f11tp,,~T~11hl\ifenll= 1 &A nn M4/20 10 Statutes & Constitution :View Statutes: Online Sunshine Page 20f2 municipality thereof, whether elected, appointed, or otherwise employed, or whether the activity shall be in connection with a primary, general, special, bond, referendum, or other election of any kind or nature. (2) An employee of the state or any political subdivision may not participate in any political campaign for an elective office while on duty. (3) Any person violating the provisions of this section Is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) Nothing contained In this sectlon or in any county or municipal charter shall be deemed to prohibit any public employee from expressing his or her opinions on any candidate or issue or from participating In any political campaign during the employee's off-duty hours, so long as such activities are not In conflict with the provisions of subsection (1) or s. 110.233. HIstory.--s. 8, ch, 26870, 1951; s. 7, ch. 29615, 1955; s. 5, ch, 29936, 1955; s. 1, ch, 59-208; 5.18, ch, 65-379; 5.53, ch, 71-136; ss. 1,2, ch. 74-13; s. 1, ch, 75-261; s. 30, ch, 79-190; s. 1, ch. 80-207; s. 628, ch. 95.147; s. 1, ch, 2006-275. Copyright ~ 1995-2010 The Florida Legislature . ~(:yStatement . ~J~ http://www.leg.state.f1.us/Statutes/index.cfm?mocle=View%2OStatutes&SubMenu=l &App ... 6/4/2010 Statutes & Constitution :View Statutes :->2009->ChOIIO.>Section 233 : Online Sunshine Page 1 of2 Select Year: 2009 . [~ The 2009 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chgpt~r 11 Q Yiew~nJire Chapter STATE EMPLOYMENT 110.233 Political activities and unlawful acts prohibited.-- (1) No person shall be appointed to, demoted, or dismissed from any position in the career service, or in any way favored or discriminated against with respect to employment in the career service, because of race, color, national origin, sex, handicap, religious creed, or political opinion or affiliation. (2) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the career service, or an increase in payor other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person or for any consideration; however, letters of inquiry, recommendations, and references by public employees or public officials shall not be considered political pressure unless any such letter contains a threat, intimidation, or irrelevant, derogatory, or false information. For the purposes of this section, the term "political pressure," in addition to any appropriate meaning which may be ascribed thereto by lawful authority, includes the use of official authority or influence in any manner prohibited by this chapter. (3) No person shall, directly or indirectly, give, render, pay, offer, solicit, or accept any money, service, or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the career service. The provisions of this subsection do not apply to a private employment agency licensed pursuant to the provisions of lchapter 449 when the services of such private employment agency are requested by a state agency, board, department, or commission and neither the state nor any political subdivision pays the private employment agency for such services. (4) As an individual, each employee retains all rights and obligations of citizenship provided in the Constitution and laws of the state and the Constitution and laws of the United States. However, no employee in the career servIce shall: (a) Hold, or be a candidate for, public office while in the employment of the state or take any active part in a political campaign while on duty or within any period of time during whIch the employee is expected to perform services for which he or she receives compensation from the state. However, when authorized by his or her agency head and approved by the department as involving no interest which contllcts or activity which interferes with his or her state employment, an employee in the career service may be a candidate for or hold local public office, The department shall prepare and make http://www.leg.state.f1.us/Statutes/index.cfm? App_lTIode=Display _Statute&Search_String=". 6/4/2010 Statutes & Constitution :View Statutes :->2009->ChOl10->Section 233 : Online Sunshine Page 2 of2 available to all affected personnel who make such request a definite set of rules and procedures consistent with the provisions herein. (b) Use the authority of his or her position to secure support for, or oppose, any candidate, party, or issue in a partisan election or affect the results thereof. (5) No state employee or official shall use any promise of reward or threat of loss to encourage or coerce any employee to support or contribute to any pollticalissue, candidate, or party. (6) The department shall adopt by rule procedures for Career Service System employees that require disclosure to the agency head of any application for or offer of employment, gift, contractual relationship, or financial interest with any Individual, partnership, association, corporation, utility, or other organization. whether public or private, doing business with or subject to regulation by the agency. History.-'s. 21, ch, 79-190; 5.2, ch. 80.207; s. 1, ch. 84.125; s. 5, ch. 89.277; s. 1. ch. 91.164; s. 21, ch. 91-431; s. 34. ch. 92.279; s. 55, ch, 92-326; s, 668, ch. 95-147; s. 23, ch. 2001-43. 1Note." The provisions comprising chapter 449 were repealed by ch. 81.170. Copyright Cbl 1995-2010 The Florida Legislature . PriV!!~Y .$~tf;'nlent . Contfl'tUs http://www.leg.state.fl.us/Statutes/index.cfm? ApI' _ mode=Display __ Statute&Search_ String=... 6/4/2010 -----Original Message----- From: Kdalev2000@aolcom To JRequez@aolcom Sent: Tue, Jun 8, 2010 8:22 am Subject lunch Jerry, Lisa Bright and I meet at Prime Catch dUring working hours It was February 3 or 4 The purpose of the meeting, which was arranged by Jerry, was for me to hear the reasons why you are no good and to convince me not to help you with your campaign It was basically that you had no support In the community you were rude to citizens, mean to the staff, arrogant with everyone, Your relationship with Sarah IS for show You'll never get marned once the campaign is over You really don't care about Boynton Beach You are using this as a stepping stone to go on to bigger things You don't understand the police station issue, The station was never gOing anywhere but to the west It would never be downtown, Incidents named were police issues, conflicts with Usa, not listening to anyone who comes before the Commission - to name a few YOu' would be lucky to come in third In the Mayor's race Their candidate was Weiland - he would be the winner with Edwards coming in second You wouldn't make the run-off \- I \, \ She also said she doesn't go to the commission meetings anymore because there is no reason to, It wasn't necessary They were both trYing to convince me not to help you or work with you, Kathy Kathleen Daley Bochicchio 5221 Estates Dnve Delray Beach, Florida 33445 561-455-4567 561-271-6140