Agenda 09-14-10
CRA Board Meeting
Tuesday, September 14, 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:
VII. Consent Agenda:
A.
Approval of Minutes – CRA Budget Workshop, July 26, 2010
B.
Approval of Minutes – CRA Board Meeting, August 10, 2010
C.
Approval of Period Ended August 31, 2010 Financial Report
D.
Approval of Funding up to $20,000 from the Residential Improvement Program
to Lucille and Clinton Brackett
E.
Approval of Funding up to $20,000 from the Residential Improvement Program
to Jeanette Sands
F.
Approval of Funding up to $20,000 from the Residential Improvement Program
to McKinley Miller
G.
Monthly Procurement Purchase Orders
VIII.Pulled Consent Agenda Items
:
IX. Information Only:
A.
CRA Policing Activity Reports
B.
Public Comment Log
C.
Downtown Google Map, “Where the locals go…” First Year Analysis
D.
Food Vendor Analysis for CRA Events
E.
Ruth Jones and Oscar Magnuson House – Published Ads
F.
Color Selection for Commercial Façade Grants – Harvey E. Oyer, Jr., Inc. and
Intracoastal Medical Building Condominium Association, Inc.
X. Public Comments
: (Note: comments are limited to 3 minutes in duration)
XI. Legal:
A.
Establish Schedule for Transition of Current Board Members and Attorney Records
B.
Discussion and Action on Submitting the CRA to Jurisdiction of the Palm
Beach County Ethics Commission and Authorizing Agreements to Effectuate
that Intent
XII. Old Business:
A.
Results of RFP for Boynton Harbor Marina Fuel Dock Reconstruction Project
B.
Consideration of Entering into a Contract with B.K. Marine Construction in the
Amount of $55,569.34
C.
Consideration of Renewal of the Boynton Harbor Marina Fuel Dock and Marina
Management Contract with Waypoint Marine, Inc.
D.
Discussion of FY 2010/2011 Budget
E.
Review and Approval of Lease for 710 N. Federal Highway (Holiday House) –
Tabled 8/17/10
XIII.Executive Director’s Report:
A.
Resolution Approved by the Board of County Commissioners of Palm Beach
County Supporting the Intracoastal Waterway Plan for Palm Beach County and
Establishing a Working Partnership with the Seven Identified Marina Villages
XIV. New Business:
A.
Consideration of Shade Structure for Boynton Harbor Marina Tenant: Boynton
Boat Rentals
B.
Consideration of Boynton Harbor Marina Temporary Fish Display Structure
C.
Discussion of Potential Purchase of Delray-Boynton Academy
D.
Process for Selection and Appointment of New Board Counsel
E.
Review & Extension of Executive Director’s Annual Contract
F.
Schedule of Board Training on Sunshine Law, Public Records Law and Ethics Law
G.
Review Status of Contracts/Projects Being Transitioned
H.
Consideration of Issuing Construction Management at RiskRFP for Ocean
Avenue Projects
XV.Future Agenda Items:
A.
Small Business Incubator Concept Project at MLK & Seacrest
B.
Discussion of Potential Maintenance Program for 500 Ocean Site
C.
Purchase Agreement between the CRA and Habitat for Humanity
D.
Proposals from Interested Parties for Ocean Avenue Projects
E.
1002 MLK Blvd. Beautification Options
XVI.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
.(..286.0105)
WHICH 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
.(561)737-3256-
CONDUCTED BY THE CITY PLEASE CONTACT THE CRA AT AT LEAST TWENTYFOUR HOURS PRIOR TO THE
.
MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST
I~RY~T8~CRA
iIIi East Side-West Side-Seaside Renaissance
CRA Board Meeting
Tuesday, September 14, 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:
VII. Consent Agenda:
A. Approval of Minutes - CRA Budget Workshop, July 26,2010
B. Approval of Minutes - CRA Board Meeting, August 10,2010
C. Approval of Period Ended August 31, 2010 Financial Report
D. Approval of Funding up to $20,000 from the Residential Improvement Program
to Lucille and Clinton Brackett
E. Approval of Funding up to $20,000 from the Residential Improvement Program
to Jeanette Sands
F. Approval of Funding up to $20,000 from the Residential Improvement Program
to McKinley Miller
G. Monthly Procurement Purchase Orders
id
VIII. Pulled Consent Agenda Items:
IX. Information Only:
A. CRA Policing Activity Reports
B. Public Comment Log
C. Downtown Google Map, "Where the locals go..." First Year Analysis
D. Food Vendor Analysis for CRA Events
E. Ruth Jones and Oscar Magnuson House - Published Ads
F. Color Selection for Commercial Fayade Grants - Harvey E. Oyer, Jr., Inc. and
Intracoastal Medical Building Condominium Association, Inc.
X. Public Comments: (Note: comments are limited to 3 minutes in duration)
XI. Legal:
A. Establish Schedule for Transition of Current Board Members and Attorney Records
B. Discussion and Action on Submitting the CRA to Jurisdiction of the Palm
Beach County Ethics Commission and Authorizing Agreements to Effectuate
that Intent
XII. Old Business:
A. Results ofRFP for Boynton Harbor Marina Fuel Dock Reconstruction Project
B. Consideration of Entering into a Contract with B.K. Marine Construction in the
Amount of$55,569.34
C. Consideration of Renewal of the Boynton Harbor Marina Fuel Dock and Marina
Management Contract with Waypoint Marine, Inc.
D. Discussion of FY 2010/2011 Budget
E. Review and Approval of Lease for 710 N. Federal Highway (Holiday House)-
Tabled 8/17/1 0
XIII. Executive Director's Report:
A. Resolution Approved by the Board of County Commissioners of Palm Beach
County Supporting the Intracoastal Waterway Plan for Palm Beach County and
Establishing a Working Partnership with the Seven Identified Marina Villages
XIV. New Business:
A. Consideration of Shade Structure for Boynton Harbor Marina Tenant: Boynton
Boat Rentals
B. Consideration of Boynton Harbor Marina Temporary Fish Display Structure
c. Discussion of Potential Purchase of Delray-Boynton Academy
D. Process for Selection and Appointment of New Board Counsel
E. Review & Extension of Executive Director's Annual Contract
F. Schedule of Board Training on Sunshine Law, Public Records Law and Ethics Law
G. Review Status of Contracts/Projects Being Transitioned
H. Consideration of Issuing Construction Management at Risk RFP for Ocean
Avenue Projects
XV. Future Agenda Items:
A. Small Business Incubator Concept Project at MLK & Seacrest
B. Discussion of Potential Maintenance Program for 500 Ocean Site
c. Purchase Agreement between the CRA and Habitat for Humanity
D. Proposals from Interested Parties for Ocean Avenue Projects
E. 1002 MLK Blvd. Beautification Options
XVI. 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. 286.0] 05)
THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH
A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (56]) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE
MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST.
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD BUDGET
WORKSHOP HELD ON MONDAY, JULY 26, 2010 AT 6:30 PM
IN THE LIBRARY PROGRAM ROOM, CITY LIBRARY, BOYNTON BEACH, FL
PRESENT:
Jose Rodriguez, Chair (arrived 6:44 p.m.)
Marlene Ross, Vice Chair
Woodrow Hay
Steve Holzman
William Orlove
Lisa Bright, Executive Director
James Cherot, Board Attorney
1. Welcome by Board Chair Rodriguez
Vice Chair Ross acted as Chair and called the meeting to order at 6:31 p.m.
2. Invocation
The invocation was given by Mr. Hay, followed by the Pledge of Allegiance to the Flag.
3. Budget Overview
The budget overview was given by Lisa Bright and Susan Harris. Ms. Bright explained
the Community Redevelopment Agency's budget was based on two factors which were
the assessed valuations and the final millage rates set by the City and the County. The
budget presented was a draft based on the current millage rate. The City would be
making their final adjustments later, as would the County, and the Community
Redevelopment Agency would make their final budget adjustments after the millage rate
was set by both entities. The Community Redevelopment Agency receives its revenue
once a year in late December. Staff was looking for direction and consensus on projects
and programs.
Ms. Harris reviewed a chart which was a snapshot of the Community Redevelopment
Agency's revenues and other funding sources. The Community Redevelopment Agency
receives Tax Increment Financing of $5.5 million, comprising about 55% of their
funding. The marina provided revenues of another 10%, and their funding sources
comprised another 32%. The other funding sources were rollovers, encumbered funds,
and grant revenues they expect to receive in the next fiscal year. The total revenues
were $9,413,574.
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Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
The expenses were divided between debt service charges which were at 29%, and
which was a reduction this year due to a loan dropping off in January. The salaries and
benefits were 8% which was low and the reverse of municipalities. The Project fund
comprised 43% of the expenses, or $1.9 million, which included the marina. Ms. Harris
clarified the next version of the budget would separate out the marina. The amount also
included items such as building and property maintenance, insurance and professional
services, which would also be broken down
The current asset valuations reflected 19%. Next year, it was anticipated to 0013%
given by the County. Revenues and asset valuations were decreasing and the 13%
was reflective of that. It would be necessary for the Board to reduce expenses. The
total general fund operation line item was reduced by 13%
The Communitv Redevelopment Aaencv Board budaet was reduced by 39%. Staff
removed $15,000 for the electronic agenda and computers. They anticipate having
seven new members, but it was undecided whether the Board would use the electronic
agenda.
Mr. Holzman requested further information. The minutes for the Board's regular and
special meetings were listed as $7,500. Ms. Harris explained the $7,500 was the
estimated amount from the budget. The actual amount was listed on the top of the
page which was $8,200. The amount was strictly for the minutes and nothing for the
electronic agenda and computers.
Staff reduced costs associated with conferences and seminars. The items were for new
board members to attend the ABC of CRAs, which was a one-day course held in
October. The conference was also where the Board received their statewide award. It
provided great educational materials. The meeting locations varied in the past but it was
anticipated Orlando would probably become the permanent location. Mr. Holzman
questioned the layout of the budget and it was agreed the estimate and the actual would
be more easily identified. Savings for conferences, meetings and seminars came from
Board Training Workshops, which were reduced from $5,000 to $2,500 for the next
upcoming year. Ms. Harris agreed to provide details of what funds were spent on the
different events.
(Chair Rodriguez arrived at 6:44 p.rn.)
-This year staff allocated $10,000 for the entire fiscal year for the Florida Redevelopment
Association Conference. Ms. Harris agreed to provide further details because they went
over budget. This occurred because staff was unable to predict how many Board
members would attend the conference at the time the budget was finalized. It was noted
four or five members went to the State-wide conference in Orlando when staff received
their award.
2
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
Chair Rodriguez had a question about community donations. Ms. Harris agreed to
provide further details regarding which organizations the funds were for, but commented
the items were approved by the Board. She budgeted $7,000 for community support
items that come before the Board or miscellaneous activities that the Board might want
to undertake.
He had a question about the delivery of Board member materials. He thought at some
point the members should pick up their materials or receive them electronically. Once
the Board packets were completed, the materials were put online. Chair Rodriguez
suggested the members save the information on the hard drive. The delivery of the
materials to members' homes was an added expense. He urged the members to clean
up everything as much as possible. He commented last year, they budgeted for an
automated agenda and he thought they should do it before the end of the year and it
was already in the budget. Vice Chair Ross expressed it was not a pressing issue. If a
new Board was established they could address it then.
Mr. Orlove commented the City handles the agenda via a flash drive and had it
accessible. Mr. Hay commented when the discussion was held, it was not pressing and
the Board decided to wait. Chair Rodriguez explained this Board brought it up, the
Director did not have time to do it then and the Board backed down. The funding for
the electronic agenda and computer was removed from next year's budget. None of
those funds were spent. Mr. Hay felt it was a new Board decision. Chair Rodriguez
disagreed. Vice Chair Ross expressed the agenda did not have to be such a divisive
item.
Ms. Bright explained they could put it on a flash drive and deliver it to City Hall on
Friday. Chair Rodriguez requested they receive the flash drive on Thursday since the
copies would not have to be prepared. There was discussion about using the flash
drive. The Board already had computers and staff would try to get packets out by
Thursday, end of business. Staff will email the members when the flash drives are
delivered to City Hall.
Chair Rodriguez commented the Board was in a crunch time, financially speaking. The
Tax Increment Financing dollars were decreasing proportionate to the City's funds and
they should be mindful of little things. He suggested the members be really focused on
what they would accomplish next year. There would be funds available to use and there
were four areas that needed redevelopment that needed focus. Those areas were North
Federal Highway, Ocean Avenue, MlK Boulevard. and Seacrest and Boynton Beach
Boulevards. He explained those areas needed the most attention. He proposed at the
end of the meeting that they allocate dollars specifically for those areas. He explained
they did not have to decide specifically what they would do with the funds, but they
could turn their concepts to the CRA staff and they request proposals for projects that
would work in those areas. The Holiday House was beginning and there were RFPs
issued for MLK and Seacrest Boulevards. There would be work on the Old High School
and there should be focus on Boynton Beach Boulevard. He explained by thinking
3
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
ahead, the members could focus on those areas and allocate dollars specific to those
areas. Based on the dollars they allocated, staff could bring back proposals to the
Board. It provided a framework for the budget. By doing so and by being mindful of
other things they do, they are spreading themselves thin. He commented there was
money spread all over. If they continued in this process, they would never raise the bar
and only accomplish little things
Mr. Hay understood the Chair's comments and explained it would be nice if they could
see the future but they did not have all the pieces of the puzzle. By looking at the City
budget, it appeared there may be construction of a City Hall within the Community
Redevelopment Agency district. Although he wanted to see development in the district,
it did not make sense to pay double the rent for Holiday House and for that money to be
going to a developer when the staff could be housed in a new City Hall and the revenue
could go to the City. He did not want to set up a blanket amount without a plan.
especially when changes such as a new Board would come in and it was not the
direction he wanted to move in at the this time.
Chair Rodriguez expressed the way to make a significant impact was to allocate a large
amount of dollars to specific areas and have the staff develop those areas. He
commented he had proposed housing the CRA in the City Hall but Mr. Hay was
opposed. He explained the Board could revisit the matter but if the Board kept doing
what they were dong, they would effect little improvements. To get the most from the
dollar, they needed to allocate significant dollars. He pointed out the Board allocated a
ton of money to MLK and only now they were starting to see results. He explained that
was the plan. Focus on the funding and then do the work. He requested the members
have that vision and allocate significant dollars because it worked well with MLK and
Seacrest Boulevards.
Mr. Hay responded that was before Chair Rodriguez had the Board spend double the
money on Holiday House. He expressed since things have changed. he sees things
differently based on the decisions made regarding the City's budge which was looking
at having a new City Hall. The logical decision would be to go ahead and decide on
having a new City Hall within the next year. Chair Rodriguez's recollection .of Mr. Hay's
position was he was not in favor of a new City Hall. Mr. Hay clarified he is in favor of
moving the Community Redevelopment Agency into a better facility. If it meant giving
dollars to a developer versus income coming into the City, then he was in favor of
bringing it to the City.
The Executive Deoartment Budaet reflected an overall reduction of $33,755 or 13%.
Ms. Bright noted a typographical error in membership dues. The membership dues
contained the Society of Human Resource Management (SHRM) organization which
was also listed again in Finance. The organizations keep staff informed in the market.
Ms. Bright expressed they could drop some of the memberships, but suggested
maintaining membership in the Florida Redevelopment Association, the Chamber of
Commerce and the Business Development Board, and if a conference was held and
4
Meeting Minute8
Special Community Redevelopment Agency Board Budget WOrk8hop
Boynton Beach, FL July 26, 2010
they wanted to attend, they could pay an extra fee to attend. Mr. Orlove explained if the
membership was associated with accreditation and networking with other professionals,
it would be beneficial, otherwise subscriptions to international councils may not be
necessary.
Chair Rodriguez explained the Business Development Board was a Palm Beach County
Agency and at one point they were asking for funds. He had inquired if the agency ever
located a business in Boynton Beach and the answer was no. He was not sure the
allocation to the county agency was needed. Vice Chair Ross inquired if the Chamber
of Commerce coordinated with the Business Development Board. Ms. Bright explained
they market Palm Beach County. The Council works directly with Enterprise Florida
and the Alliance which indicates which industries are interested in moving to Palm
Beach County, which assist staff to market Boynton Beach.
Mr. Hay suggested keeping those three memberships and eliminating the others. Chair
Rodriguez differed and he indicated it was paid for through taxes. Ms. Bright explained
they provided guidance on barriers to development and identify specific elements that
detract from development. They also were on the pulse to identify what they needed to
change. The Board provided resources as opposed to tangible deliverables. As a
county agency, they should have access to that information. Chair Rodriguez
requested Ms. Bright provide an analysis of the services they provide through their
membership versus the basic services they should be receiving for free. Ms. Bright
agreed to provide an analysis of what they provide to their membership.
Delivery Services were Fed Ex services they use when they have closings. The Cell
Phone increase was due to omitting the cell phones for the administrative services
manager. The Community Redevelopment Agency cell phone policy provided for
reimbursement of $60 per month if they used their own cell phone, or the member
received a Blackberry. Chair Rodriguez requested what the benefit was for Ms. Harris or
the Administrative Services Manager to have the cell phone allowance when they were
in the office. Ms. Harris explained she uses it when she is on the road or after hours.
Her plan was she did not use it for calls. It was a government rated plan just for the
Blackberry. If she used it for a phone call, she paid for the call. She explained it was
more convenient than a laptop. Mr. Holzman inquired if the members could setup the
emailsto his cell phone. Ms. Harris noted her cell phone was old and did not have that
capability .
There was discussion all nine members had a cell phone. It was explained Ms. Biscuiti
needed a cell phone because she is out and about for events, as did Ms. Biscuiti's
assistant, and Mr. Simon was often required to travel off-site as well. Ms. Walsh also
had to be off-site for the public relations work. Chair Rodriguez requested staff go back
and re-evaluate which staff needed cell phones. He noted that although the position
titles were different with the Community Redevelopment Agency, he noted the
administrative assistants at the City did not have cell phones.
5
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
Chair Rodriguez also commented he had requested a breakdown of the Executive
Department's Budget. Ms. Harris explained it was more fully explained on page 14, the
Salary Schedule and related Personnel expenses. Ms. Harris explained staff was aware
all were required to make sacrifices to balance the budget, and staff voluntarily removed
their deferred compensation, which reduced their budget personnel costs. Additional
figures were also provided that included the reduction in deferred compensation and
excluded any car allowances. The Community Redevelopment Agency, through an
Interlocal Agreement with the City, used the same vendor for their benefits and paid the
same rates as the City. These benefits included medical, dental, vision, and life. The
employee benefits were paid for by the agency, and dependents were paid for by the
employee. The Assistant Director and Ms. Bright also agreed to forfeit their car
allowance in order to reduce the budget by 13%. Mr. Hay hOped the City would follow
suit. Chair Rodriguez noted the City was still in deliberations but relinquishing the
benefit was a good example.
The Finance Department budaet was reduced by $22,000 or 12%. There was
discussion about membership dues. The Florida Government Finance Officers'
Association dues were for Ms. Harris and Ghishlane Villanueva. The Council of
Development Finance Association could be dropped. The Society for Human Resource
Management could be dropped due to entering into an Interlocal Agreement with the
City for those services. The Government Finance Officers' Association may be able to
be dropped. Ms. Harris would research if she needed to retain them for certification
purposes. She may just have to pay more for testing. The contractual expenses
budget was reduced via the elimination of the ADP payroll services where the City
would perform payroll services. The expenses for the Department of Community Affairs
needed to be retained.
The Plannina Department budaet was reviewed. Salaries for Ms. Brooks and Mr. Simon
were from this budget. The budget was reduced $33,000 or 13%. There was a question
regarding why they were adding membership fees for the MLS and Realtors
Association. Ms. Brooks explained they market some of their own properties, and it
helps them to have access to pricing information so they could develop their pro formas.
They do not act as a realtor. Mr. Simon is a realtor but he does not act as the realtor for
the agency. The car allowance was removed for both staff members. It was noted the
employees who use their vehicles for business purposes do receive a car allowance
commensurate to the federal mileage rates. It was noted Mr. Simon's reimbursements
for mileage varied between $75 and $100 per month.
Mr. Holzman expressed the presentation was lacking. He expressed adding where the
numbers come from on the information would have been beneficial. Ms. Harris agreed
to provide the estimate number in the details. It was also noted the Budget Hearing is
typically heard on August 16, 2010. Ms. Bright agreed the information needed to be
accurate but staff did not have adequate time because the workshop was moved to July
26, 2010. Ms. Bright commented they provide their books to an auditor, who knows
where the money is going every day.
6
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26,2010
The Marketina DeDartment budaet was reduced by $20,283 or by 12%. A request was
made to break down the individual items on the detail sheets for the Board. The
department consisted of one full-time and a half-time position. Mr. Holzman inquired
about the Marketing Director, Margee Walsh. It was explained Ms. Walsh sends out the
press releases and Public Service Announcements. He inquired about Ambit Marketing,
the Community Redevelopment Agency's consultant. Ms. Walsh explained contingent
on the workload and deadlines, she receives assistance from the consultants on special
projects. The fees to pay for the service were contained under Professional Services.
Ms. Harris explained she keeps the department budgets clean in terms of overhead.
The budgeted amount encompassed all the services contained in the scope of services
and there was no limit to what Ambit would issue. The contract amount next year was
for $30,000, primarily for website services since social media was widely-used. The
funding would pay for the completion of the third year of the contract. Staff tries to do as
much in-house as possible and only used Ambit for special occasions. Ms. Bright
agreed to provide a breakdown of what they provided and email it to Mr. Holzman. They
also had media contracts that Ms. Walsh did not have access to. The subscription
expenses were discussed. It was thought many items were online in the newspaper,
but not all of them were and hard copies were needed. Ms. Bright explained last year
they used their copier in-house for flyers as opposed to paying a printer since it was
much better and cost effective.
The SDecial Events budaet was reduced by almost $5,000 or 4%. The reason for the
smaller reduction in this department, compared to the others, was because of
contractual services. Ms. Biscuiti needed labor for the events, such as an electrician for
the holiday events, or set-up and break-down for events. Staff tries to allocate funds by
department which would provide a more accurate depiction of what the departments
"cost." Chair Rodriguez did not know if "Contractual Services" was the correct
description for set-up services; it could be event support. Ms. Harris explained they
were following the general ledger, but they would call it as it was in the Budget Book.
The Insurance budaet was reduced $15,090 or 15% due to savings on their property
and liability coverage. Last year, the insurance company sent an individual to review the
properties to determine if they were insured at the correct rate. As a result of that
assessment, the rates dropped. She explained they would have a more accurate
number in September and they worked with Chuck Magazine, Risk Management
Director. They issued an RFQ for Brokerage Services three years ago and they chose
a broker from the RFQ, the Preferred Government Insurance Trust, who writes their
coverage. Workers Compensation was excluded from the coverage because their
premium was not high enough. Special Events were covered under a different provider
as was the marina. All else was covered under Preferred Government Insurance Trust.
The Public Officials Liability and Employment Practices Liabiljty item was the Director's
Insurance. The Employment Practices Liability item covered occurrences, such as if a
new employee was not enrolled in time for their benefits to commence. That type of
7
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
lapse would be covered under that policy. Ms. Harris believed the $8,200 was a
savings but would verify it.
The Professional Services Budaet was reduced $130,000 or 35%. The line item was for
consultants who assisted staff in assessing new economic development programs,
applications for commercial rent subsidies, and other programs. Of the $25,000
budgeted, the Community Redevelopment Agency used $14,000. If the Board retained
new economic development programs, staff would need those funds for next year's
budget. Chair Rodriguez inquired about the connection between the name of the line
item and the economic development programs. Ms. Harris responded she could
rename it. Examples of programs the item was for were the Commercial Rent
Subsidies, the Commercial Interior Build-outs, and the administration and evaluation of
Small Business Administration loans. Ms. Brooks explained someone worked with them
to perform the financial analysis. Administration of that program was labor intensive and
this way, staff could submit the information and receive the data back within three or
four days. The contracted amount was $6,400 assuming they received a certain amount
of submissions. It was a retainer against the analysis
Mr. Hay inquired if the City would receive $11,000 for the Interlocal Agreement. Ms.
Harris confirmed they would and the funds were for the next fiscal year.
The Buildinas and Grounds budaet was reduced by $60,650 or 13%. The funds would
pay for storage facilities for archived files that were currently in the Magnuson House.
Staff would have to remove them and that was why there was an increase in the
storage amount. It was noted there would be a lot of special events, tents and holiday
equipment stored there. There was discussion the Holiday House was much bigger
than the current office space and whether that location could house the materials. Ms.
Bright explained they could try to do so. The design was not yet finished, but it was
proposed to have an art gallery. The Community Redevelopment Agency needed 2,500
square feet. Ms. Bright agreed to research the square-foot costs for industrial space
which may be significantly less than Federal Highway and she agreed to provide the
calculations at the next budget meeting. A decision could then be made about whether
the Board wanted artist space at the Holiday House. Ms. Brooks noted it was the
architect's assumption, based on the 211 Ocean concept for Magnuson House to have
the art gallery.
Chair Rodriguez noted there was a letter from St. John Missionary Baptist Church
thanking staff for letting them use umbrellas and port-o~lets. Ms. Bright explained the
Church borrowed the Community Redevelopment Agency tent, which was 1 O'x1 0'.
Staff paid for them from the Heart of Boynton funds and Ms. Bright took responsibility
for not notifying the Board about it.
Ms. Biscuiti clarified the City put up a 20'x30' tent from Recreation and Parks for the
event, with the understanding the Community Redevelopment Agency would pay for the
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Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26,2010
port-o-Iets. The contact person for the Community Redevelopment Agency tent was
April Majoy.
The Marina budaet remained the same. Ms. Harris explained they did not anticipate
any changes.
The Information and Technoloov bud~et reflected a reduction of $2,600 or 4%. It was
noted this was separate from the amount for the website. Ms. Harris clarified the bulk of
the funds was to pay the City for ITS services. The funds included mapping, software,
telephone, data-lines, T1 lines and equipment costs. The $2,600 in savings was
realized from a more efficient vendor they were using for the T1lines because they had
to connect to City Hall.
The Continoencv Account bud~et was reduced by $75,000 or 75%. Ms. Harris
explained in order to balance the budget, they needed to have some funds available for
unexpected occurrences and there was some discussion that monies saved from other
department budgets could be put into the contingency funds. Ms. Harris reiterated their
budget was based on the millage which was fixed at this time. If the millage shifted
higher, they would receive a benefit, but they would not know what it was until the final
budget meetings from the City and County. Ms. Harris explained last fiscal year, staff
did not spend any funds and the monies went into the "roll-over fund" and would be
used for larger construction projects. An example of what the Contingency Account was
used for was two years ago there was a sewer problem at the marina, which they used
the funds for the repairs. If the funds are not used, they return to the Board for
allocation. Chair Rodriguez felt a tight budget did not require contingencies because all
scenarios were covered based on historical data and information in each department.
He was not in favor of increasing the contingency fund and felt the funds should go
towards redevelopment. Mr. Orlove felt $25,000 was not suffICient and there should be
a little bit more in that account. He expressed in a budget, not every situation could be
accounted for and unexpected events occur. Ms. Harris explained the requirements for
the roll-over funds which were any funds remaining at the end of the fiscal year and
after the audit, must be allocated for redevelopment projects, debt service, or real estate
projects planned to be completed within three years. The funds could not be put into
the general fund.
The Salary Schedule and Related Personnel Expenses budaet was reviewed earlier in
the meeting.
The Proiect Fund - Budoet Summary was reduced $189,209 or 56%. There was brief
discussion of whether staff went to RFP for the REG design drawings. Staff explained
the firm was under a continuing contract they issued an RFQ for. The firm was vetted
through the City. At the last meeting, there had been discussion of allocating $52,000
for the Old High School for a four-month period. It was noted those funds were
projected to be extended into the fiscal year.
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Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
The Caoital Outlav budaet was reduced by $434,629 or 16%. The final number would
be more accurate. The roll-over funds would be less because staff would have
expended monies on projects this year. The dollars had to be accounted for in the
budget in order to be spent, but they did not have to be allocated in the next budget.
The Affordable Housing budaet was reduced by $539,433 or 52%. There was
discussion about the Ocean Breeze Project allocation of $100,000. The monies would
be used to construct a model home on site and the RFP was for the site development.
Ms. Brooks explained the RFP issued was for installation of the infrastructure and
utilities so the lots could be sold. The Community Redevelopment Agency would be the
developer and the Board would select a general contractor which would avoid the 20%
developer's fee, thereby keeping the units affordable. Ms. Brooks recommended
constructing a model home because the monies would be recaptured once the unit was
sold. Three models were planned which would be marketed and then brought to the
RFP process. Buyers would have to be qualified under the Neighborhood Stabilization
Program. Once a few lots were sold, they would go out for bid for those models. The
homes would be about 1,600 square feet. There were 21 home sites available and the
lots were cleared. Staff would need to plan a street grid, plat it and prepare it for site
development. Staff advised they had a pre-bid meeting and there were eight bidders.
Chair Rodriguez felt the Board should have been apprised of the plans for the
infrastructure when they issued the RFP. Ms. Brooks explained they would have to
issue an RFP to retain the best group to market the project which would not be done in
house as they were intensive. Chair Rodriguez preferred to see the vision for the area.
Ms. Bright explained that was part of the issue with City staff and their reluctance to
release the funds. The agreement clearly stated site development. Normally, a
developer received a flat fee per buyer, but staff would negotiate that amount and bring
it to the Board. The process was performance based and the Neighborhood
Stabilization program was a reimbursable grant. Once they provided the documentation
to the City, they would receive the funds.
The Economic Develooment Proorams were reduced by $277,261 or 40%. The Direct
Incentives were Tax Increment Finance funds. Incentives for the Preserve in the amount
of $56,000 were allocated but were not drawn down because the developer did not
construct the required number of units. They did add eight more units and Ms. Brooks
pointed out under the agreement, the developer had 10 years to draw down the funds.
If they drew the funds when the units were half constructed, they would receive less
money.
The Promenade was also discussed. There were certain contract obligations they had
to fill and a report from a Certified Public Account had to be provided indicating they
fulfilled those obligations. Then after the Board approved the report as accurate, based
on the contract, the funds could be requested. Some of those requirements were public
parking, affordable commercial rents and other items.
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Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
The Wal-Mart incentive would commence next year. The developer anticipated
beginning construction in early 2011 and the project would be on the tax roles the next
fiscal year. The two components involved in the project were the Tax Increment
Financing Agreement and the Brownfield designation. The project also qualified with the
State for the designation and the State was budgeting for it in the 2011/2012 fiscal year
which was when the funds from the Community Redevelopment Agency would be
released. This was because the State funds required a match from the Community
Redevelopment Agency.
There was discussion of Molly's Trolleys. Vice Chair Ross noted the operators were not
present. Ms. Bright confirmed the owners were aware of the financial situation. Staff
typically performed a route and ghost ridership analysis. She explained staff could
evaluate the service, but with the budget cuts, staff felt the monies should be used for
pure redevelopment. Chair Rodriguez also noted the trolley took the riders out of the
district. Ms. Bright noted the trolley service was a project initiated from the prior director.
It would be a future endeavor in the Traffic Concurrency Exception Area. Overall, the
trolley did not provide a significant return on investment.
The Proiects and Proarams budaet was reduced by $42,324 or 6%. Ms. Harris pointed
out they were able to balance the Special Events and Police Program budgets
maintaining all the police in the program. The Special Events budget was reduced by
$76,000 or 26%, but the number of programs and the quality of them would remain.
There was discussion the fireworks budget increased. Ms. Biscuiti explained the
increase was due to their contract with the barge, which increased $500 each year. As
to the fireworks, staff had issued an RFQ in 2006 with the City for fireworks and they
had a five-year contract. The barge was a separate contract. Ms. Biscuiti explained
she reduced her budget. She felt developing the Ocean Avenue Concert Series and the
Movies on the Ave. gave residents a lot of options. The Community Redevelopment
Agency traditionally presented big name acts. By slightly reducing the funding, they
could still retain popular artists while saving a lot of money. The events were still a big
draw.
Chair Rodriguez explained he received a lot of input about having a local talent night
and having an event downtown. He noted each band had a following and it could be a
big draw to the area. They could also hold the event at the amphitheater.
Mr. Hay discussed the parade budget reduction of $10,000. Ms. Biscuiti explained they
were cutting corners wherever they could. They would not hold big hospitality events.
The parades were exciting because of the band, but some of the groups were paid.
The high school band was paid $400 and the Director was paid $100.
The Heritage Fest and Family Day events were $20,000 combined. Ms. Bright
explained they had several public requests for those events in the past and staff wanted
to fund the activities the Board consistently supported. Staff also thought the residents
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Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
of Boynton Beach would enjoy the Palm Beach Jewish Film Festival, because Palm
Beach County has a large Jewish population.
The Board had funded the Sims Family Day $5,000 and Ms. Biscuiti expressed her
belief the organization spent more than that. It was the same for the Heritage Fest.
Those organizations submitted the bills to the Agency and the staff paid them up to a
certain amount. Mr. Hay explained the total budget for the two events was $49,800 and
fundraising was occurring. Chair Rodriguez explained it was important to remember that
funding the events was an effort handled by both the Board and the organization. It was
noted the Board did not fund the Intergenerational Event. The Chamber of Commerce
events that would not be funded were the Annual Dinner Dance and one other event.
Ms. Harris explained the budget was balanced with the Police staff included, but next
year it would increase. They were aware they were under budgeted on overtime and on
the payout of leave time which had not been anticipated.
The proposed upcoming events for the current year were reviewed, as was the Debt
Service Fund - Budget Summary. The Debt Service Requirements, Principal and
Interest budget was reviewed. The budget reflected the timeline for the debt service
and when the payments would drop off. There were no comments made on those
items.
The Community Reauested Proiects were reviewed. The Heart of Boynton Community
Association had a $30,000 request. Of that, $15,000 was already put into the Special
Events Heritage Fest 2011 event, so the request was really $15,000. Based on past
practices, they took the funds and included them in the Special Events budget. Ms.
Harris explained other than the $15,000, none of the other activities were included in the
budget for the upcoming fiscal year.
Ms. Bright explained they typically funded the Heritage Fest. If the Board wanted to
keep the $15,000 in the budget for the Heritage Fest and they decided to fund the
Intergenerational Gathering, they would need another $15,000. The Florida Fishing
Academy was an additional request.
Chair Rodriguez suggested focusing all their resources on a specific area to get
something done. He explained the events were nice, but they needed to eliminate blight
and slum. Times were tough and some activities may need to be furloughed for a year
or two. Mr. Holzman inquired about the Community Caring Center of Boynton Beach,
Inc. and commented they were recently funded. Ms. Bright suggested leaving the items
until the final budget. Mr. Orlove explained it would be helpful to look at all the activities
in terms of the overall budget and what percentage they were requesting from the
Community Redevelopment Agency. Staff should provide the details to them prior to
the final budget. He commented the activities were not redevelopment, but they
assisted the mission of the Community Redevelopment Agency. He was unsure of the
level of funding, but recognized the events had a benefit. The Board, also, did not have
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Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26,2010
to fund the entire amount. Having all the background information ahead of time would
help the members make informed decisions.
Vice Chair Ross inquired how other municipalities were handling the requests. It was
noted Delray Beach focused their efforts on arts and culture. They supported the Spady
Museum and the Heritage program. Ms. Bright explained if the City went to a 7.2
millage rate, there could be another $200,000, but it was reiterated the millage was not
factored into the budget.
Chair Rodriguez inquired where the building dollars were. He explained the Red Light
Camera Funds could be held for a new City Hall. He preferred to see monies dedicated
to the different areas and projects. He commented his personal goal was to have a City
Hall groundbreaking in 201012011. He inquired where those dollars were in the budget.
Ms. Bright explained funds were allocated for Holiday House, and the Community
Faoade grants. It was known Mr. D'Almeida owned the whole strip of property by the
tracks on the south side. He owned the property where the Green Market Cafe and
other establishments were. With the exception of the $15,000 for the Heritage Fest, the
money was not in the budget. He inquired if there was any opportunity to find any
money for a new City Hall. Ms. Brooks explained State Statute did not allow a
Community Redevelopment Agency to pay for city buildings. Attorney Cherof confirmed
that the Statute prevented the expenditure of funds for any municipal building.
Mr. Orlove left the dais at 8:44 p.m.
Ms. Harris explained when the community approached them with a request, staff had an
obligation to advise the Board of the request. Mr. Holzman inquired if the money was
not in the budget and the Board decided to put all the activities back in, if there was
money in the budget to cover the expenses.
Mr. Orlove returned to the dais at 8:45 p.m.
Ms. Bright explained if the City amended its Interlocal Agreement for 4th Street, they
could do so. The City had already paid for the improvements and the Community
Redevelopment Agency could pay back the funds incrementally. The monies would be
paid back next year after they received the Tax Increment Financing Funds.
Chair Rodriguez felt the public should be given an opportunity to speak and he opened
the floor for comments.
Jerry Taylor, 1086 SW 22nd Avenue, expressed the Community Redevelopment
Agency could not give money for a municipal building. Anything the City could do with
its own funds, Community Redevelopment Agency's were prohibited from contributing
to, such as a City Hall and Police Station. He commented the Old High School
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Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26,2010
Consultant fee of $52,000 could not legally be paid for with Community Redevelopment
Agency funds because it is a municipal building.
Gertrude Sullivan, 201 NE 6th Avenue, explained she sent a letter asking for $30,000.
She had developed the budget and they still had to come up with other money. If they
had to make cuts they would, but they definitely needed the $30,000. She inquired
about MLK Boulevard. Chair Rodriguez commented he had mentioned development
along MLK. She explained the Board was discussing building homes, but no one was
working. She requested businesses be established so people could work. She
requested they listen to the community's needs.
Willie Aiken, 728 NE 1st Street, reiterated the three events they were seeking funding
for had a budget of $48,000 and they were raising funds for the different events. They
had received $15,000 but costs increase. The City did not have stages they could use
and they had to pay for them. He asserted the events were worthwhile. They provided
for different activities and they put hope back in the community. The represented all the
residents in the area and inquired why they could not have the events. They had a new
budget out.
Brian Edwards, 629 NE 9th Avenue, commended the staff and Board on a balanced
budget. He liked the speed of the development but the problem was all the work that
had been put into the planning of the economic development of the downtown. He
commented they have a downtown master plan, and the involvement of the City staff,
the Community Redevelopment Agency and the Chamber of Commerce should be
slowed down. An independent Board was coming in behind this Board and they would
be a big part of what happened downtown. He commented there were other entities
they should consider. He recommended as they moved forward with the budget that
they bear in mind that other people would be involved and they would have the input
from the community as they reviewed the master plan, and the Community
Redevelopment Agency's economic development plan. The master plan was approved
in approximately January 2009.
Doris Jackson, 531 NW Avenue, spoke about the Heritage Fest and Intergenerational
Gathering. The community liked these events to keep people informed, interested and
their hope alive. They were promised the area would be redeveloped for some time.
The community played a part in putting it together and now they were waiting for it to
come to pass. Wilson Pool and Sara Sims came to fruition, and the community was
waiting for Ocean Breeze. They wanted someone to construct homes and hoped the
Board would provide the money they needed for their events. They held fundraisers,
hoped to get more people involved and hoped their dreams would not be shattered.
Sherrie Johnson, Community Caring Center, attended a meeting in the Heart of
Boynton and they discussed excessive parking on the streets. Most individuals had a
one-car driveway and there seemed to be a lot of parking issues. When she was with
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Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26,2010
Delray Beach Community Redevelopment Agency, they looked at vacant lots in
neighborhoods with parking problems. Currently, the Police Department was ticketing
vehicles. One project Delray Beach undertook was to map out where the excessive
parking was occurring and if the Community Redevelopment Agency owned a lot or two
adjacent to those areas, they could have pocket parking. Regarding the working
incubator they proposed, their program was a unique concept extending much farther
than the incubator classes currently offered. It came with a micro-enterprise loan
program which was a matching fund program that could be matched to Community
Redevelopment Agency funds for build outs. It was a partnership with the City and the
Community Redevelopment Agency which would reduce vacancy rates and help create
jobs. She hoped the Board would consider funding their project.
Mark Karageorge, 240A Main Boulevard, commented he did not see a line for
sponsorships. He suggested if sponsors underwrite the events, there would be no cost.
He commended Ms. Biscuiti and staff on doing so in the past. If the events were
sponsored, then those dollars could be reallocated to other items such as
redevelopment and the business incubator. He expressed he was a proponent of
economic development and if they could save on the events and reallocate the funds to
development, it would be a win-win situation.
4. Review of General Fund, Project Fund, Debt Service
Ms. Bright explained staff had been given enough direction and the Board would review
the budget again in August.
Attorney Cherof explained the Community Redevelopment Agency was a Florida
Special District. Ordinarily, the budgets of the City's Special Districts are within the
boundary of the City and they are a subcomponent of the City Budget. The Community
Redevelopment Act contained a specific provision which the City Commission had
followed in the past, which allowed the Community Redevelopment Agency budget to
be budgeted separately. There had always been concurrence with it in past years and it
had not come up as an issue as of late. With a new Community Redevelopment
Agency Board coming in during August, the budget was almost finalized but the
formality of adopting it could still be reserved by the City Commission if they would like
to do so. It was a control during the transition period. Then the Community
Redevelopment Agency budget would be approved in conjunction with the City
Commission's. Regarding the timing, the budget could be done at the same time. If the
City Commission adopted the budget, any amendments to it would require approval by
the City Commission. Ms. Harris pointed out it was still subject to the County millage
rates.
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Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26,2010
5. Adjournment
There being no further business to discuss, the meeting was properly adjourned at 9:02
p.m.
:~LU)u Ij/..u- (! lL~A.J/~
Catherine Cherry f
Recording Secretary
080310
16
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING
HELD ON TUESDAY, AUGUST 10, 2010 AT 6:30 PM
CITY COMMISSION CHAMBERS, BOYNTON BEACH, FL
PRESENT:
Jose Rodriguez, Chair
Marlene Ross, Vice Chair
Woodrow Hay
Steve Holzman
William Orlove
Lisa Bright, Executive Director
James Cherot, Board Counsel
I. Call to Order - Chairman Jose Rodriguez
Chair Rodriguez called the meeting to order at 6:39 p.m.
II. Pledge to the Flag and Invocation
Mr. Hay gave the invocation. Mr. Holzman led the Pledge ot 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
Mr. Holzman pulled Consent Agenda Items E and F
Mr. Orlove pulled Consent Agenda Item C.
B. Adoption ot Agenda
Motion
Mr. Hay moved to approve the agenda less the items pulled. Vice Chair Ross seconded
the motion. The motion passed.
V. Informational Items by Board Members & CRA Attorney:
Vice Chair Ross announced she attended the Family Day event at the Carolyn Sims
Center and Park. She reported it was a great event and she was happy to be there.
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Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
Mr. Orlove also attended the Family Day event. He advised the entire Board attended.
It was a nice event and he hoped it would continue
Mr. Hay agreed and explained it was a great time. There was more participation during
the cooler part of the day. He hoped more people would attend the event next year.
VI. Announcements & Awards:
None.
VII. Consent Agenda:
A. Approval of Minutes - CRA Special Board Meeting July 6, 2010
B. Approval of Minutes - CRA Board Meeting July 13, 2010
C. Approval of Minutes - CRA Special Board Meeting July 20, 2010
This item was pulled by Mr. Orlove
D. Approval of Period Ended July 31,2010 Financial Report
E. Approval of Commercial Fac;ade Grant to Harvey E. Oyer, Jr.. Inc.
This item was pulled by Mr. Holzman
F. Approval of Commercial Fac;ade Grant to Intracoastal Medical Building
Condominium Association, Inc.
This item was pulled by Mr. Holzman
VIII. Pulled Consent Agenda Items:
C. Approval of Minutes - CRA Special Board Meeting July 20, 2010
Mr. Orlove made the following correction to page 7, 4th paragraph: "Mr. Orlove said
Strategic Broadcast Media is no longer has not been in discussions with Barry +eUeF
Communications Telecommunications which owns and operates WXEL."
Chair Rodriguez responded to a statement made by the Executive Director as noted as
Item C on page 8, which was "I have an outstanding battery complaint against Mayor
Rodriguez and did not feel it was in my limited staff's best interest to allow him into the
building in the heightened state of emotions during his unscheduled appearance."
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Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
Chair Rodriguez referenced an email regarding the matter from Detective Robin
Christopher of the Ft. Lauderdale Police Department, which he read as follows: "I wrote
the report as requested by my Sergeant. I did not contact you because there was no
investigation, only a report." Chair Rodriguez commented there was no investigation as
noted by the Police Chief in Boynton Beach either.
Chair Rodriguez also clarified the first bullet point on page 9 which was: "Ms. Bright sits
on various Boards both personally and professionally. For example, she sits on the
Marina Village Master Association Board and she has a direct impact and influence on
the marina activities in the downtown area." Chair Rodriguez felt this statement was a
misrepresentation. He clarified in her disclosure, she only served on one Board which
was the Marina Board and she was an active employee of the other Board.
Motion
Mr. Orlove moved to approve as amended for the July 20, 2010 meeting. Mr. Holzman
seconded the motion. The motion passed.
E. Approval of Commercial Fa<;ade Grant to Harvey E. Oyer, Jr., Inc
Mr. Holzman had a concern about the actual color combination being approved, which
was thought to be ugly and an eyesore. He did not want to have another Las Ventanas
and expressed there must be a better color combination that could be used. Mr. Hay
agreed. There was discussion whether the City had a color scheme. The subject
establishment would be part of the downtown area and it should look presentable. It
was suggested the Board consider the overall look and feel of the buildings that would
be renovated. The fa<;ade would be peach with red awnings. It was suggested the
colors be viewed before approval. Vice Chair Ross pointed out the awning would match
the two buildings next to the establishment, but not necessarily the body.
Chair Rodriguez noted this request was the first time an applicant had provided a color
scheme to the Board and in the past, the Board approved these requests blindly. Mr.
Or/ove suggested having a color chart so they could see the actual colors because
computers may distort the colors. Ms. Brooks agreed the colors may not be accurate
and suggested acceptable color combination recommendations from the Board may be
helpful for the applicant.
Chair Rodriguez requested the applicant provide paint samples to the Board and
requested a motion to table.
Ms. Brooks noted the City and the CRA did not have an approved color palette. The
City investigated it in the past but there was no support for it. Chair Rodriguez
suggested approving the concept of the facade grant contingent on the Board having a
recommendation of the color. The color may actually be fine but it was distorted through
the process. The Board could look at paint samples at the office.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
Motion
Mr. Hay moved to approve contingent on the approval of the color scheme. Mr. Orlove
seconded the motion. The motion passed.
F. Approval of Commercial Fa<;ade Grant to Intracoastal Medical Building
Condominium Association, Inc.
Mr. Holzman explained he did not see a picture of what the facade would look like.
Ms. Brooks explained not all applicants have the software to provide that information.
The last page of the agenda item explained the body of the building would be Powerpuff
with Audobon Russet for contrast. Color samples were provided on the last page.
Chair Rodriguez explained the members would have to go to the office individually and
sign off on the colors.
Motion
Vice Chair Ross moved to approve pending approval by the individual Board members
of the color chips. Mr. Orlove seconded the motion. The motion passed.
Ms. Bright confirmed staff would have a sign in sheet the Board members would sign
which staff could then move forward without bringing it back to the Board. Chair
Rodriguez confirmed that was fine as long as a majority was obtained.
IX. Information Only:
A. CRA Policing Activity Reports
B. Public Comment Log
C. Update of Discussion Items from Mayor's Marina Meeting
D. City & CRA Policies on Mandatory Vacation Leave Requirements
X. Public Comments: (Note: comments are limited to 3 minutes in duration)
Chair Rodriguez noted there were many people in the audience wanting to address the
trolley. He requested five representatives be selected to speak for the group
Jerry Taylor, 1086 SW 26th Avenue, read a statement into the record as follows:
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
Good evening. A week ago, in an article in the Palm Beach Post, Commissioner
Holzman, speaking about me stated, "During Mayor Taylor's time in office, he didn't
work to upgrade the downtown Boynton Beach area.
I would like to state the following facts for which I was responsible:
>> I proposed and directed Visions 2020 Conference to formulate a City Master Plan
around 1996, conducted a revisit of that conference to update the Plan in 2006.
That has resulted in the current Downtown Development Plan
>> Established the Ocean Avenue Bridge location and construction schedules
>> Negotiated with DOT to upgrade downtown intersections to include modern traffic
signals
>> Negotiated with DOT to establish and landscape medians on Federal Highway
>> Established plan and design for retention Pond 9 (behind the Promenade) to
serve downtown business districts allowing more space on their land
>> Established one-stop processing for business development
}r Purchased and established a Senior Center on Federal Highway
>> Built Kids Kingdom playground
>> Restored historic elementary school to house a Children's Museum
>> Acquired $900,000 from the County for the completion of Mangrove Park
expansion
>> Acquired $700,000 from the County for Boat Club Park expansion
>> Acquired $1,500,000 for Intracoastal Park Design and Construction
>> Acquired $250,000 from the County for the purchase and demolition of Maury's
strip club on north Federal Highway
>> Obtained $2,000,000 from the County for upgrade of Gateway Boulevard.
(included curbs & gutters, landscaping and driveways.)
>> Acquired County and State grant funding for construction of Jaycee Park on S.
Federal Highway.
>> Acquired $65,000 from the State for the study of the Boynton Inlet
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Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
", Led the effort to construct the Club House at Intracoastal Park
.,. Took a leadership role in the construction of Marina Village, Promenade, and Las
Ventanas
y Promoted the development of the Promenade walkway from the end of Boynton
Beach Boulevard to the Intracoastal
", Assisted in the closing of two strip clubs on Federal Highway and met with
unsavory individuals and discouraged them from attempting to reopen a new
strip club
", Hired additional Police Officers to eliminate prostitution and drug dealing on
Federal Highway.
,. Took a leadership role in the $6 million expansion of the Library as a anchor for
West Ocean Avenue
,. Established the Arts Committee.
,. Established the Veterans Committee and assisted In the development of
Veterans Park on Federal Highway
,. Chaired the Community Redevelopment Agency Board when it won the
Presidential Award, the top Award for Community Redevelopment Agencies in
the State of Florida
These are a few examples of my efforts up upgrade the downtown Boynton Beach area.
That was my goal from the first day I took elected office. This is a work in progress. It
will take time, money, a good economy and leadership that promotes harmony and
refutes divisive commentary.
Therefore, at this time, I formally request that my name be removed from consideration
for appointment to the new Community Redevelopment Agency Board."
Sister Lorraine Ryan, 912 SE 4th Street, expressed her gratitude to the staff and
Community Redevelopment Agency Board for the interest-free loan for their new
location. The Planned Approach to Community Health (PATCH) program branched out
into a smaller version of the program called Genesis Health Center. The official opening
and ribbon-cutting ceremony was yesterday and the Center was functioning since May.
She advised the Center was a federally-qualified Community Health Center. She also
expressed the City has three community gardens in the Heart of Boynton, which were
handed over to Victor Norfus. Anyone interested in having a plot should see him. She
spoke in support of the trolley and requested it be extended. It was a financial magnet
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
to the City. She met with individuals willing to locate to the area as long as public
transportation was provided. If it were extended, it could travel down Federal Highway
to Woolbright Road by Sunshine Square.
Brian Edwards, 629 NE 9th Avenue, applauded the Community Health Center. The
concept was identified in the Visions 2020 plan and it was identified in the Boynton
Assembly. He hoped the Center gained support of both the City and Community
Redevelopment Agency.
Mr. Edwards was named in a letter to the editor by Ms. Barbara Ready. In a letter he
wrote to the Board as Community Redevelopment Agency members and City
Commissioners about ideas he had, he was depicted as a sore loser. Those articles
lead the public who read the Post to think the City is screwed up. He stated he supports
the Community Redevelopment Agency Board and City staff and always supported a
full independent Community Redevelopment Agency Board doing the right thing and
sticking to the plan process and promises. No one brought to his attention anything that
would cause him to change his opinions. It was a shame his opinions, in his letters to
the Board, were shared or misconstrued by the public. He supported redeveloping the
Old High School long before Ms. Ready did. He supports redevelopment of the
Community Redevelopment Agency area and the Ocean Avenue district. He
supported doing the right thing, the right way, all the time.
Charles Hunt, 103 NW 13th Avenue, commended the Board on their efforts to
redevelop the City. He requested the Board find out why he was not notified to vacate
the premises the day of the gas leak. He lives across from Poinciana, which was
activated. He was working inside the house and inhaled to much of the gas and wound
up in the hospital. He wanted to know why he was not contacted. He also highly
supported the trolley. He works with senior citizens in Broward ensuring their welfare. If
the trolley was stopped, he inquired how they would get around, since they no longer
have a license.
Chair Rodriguez explained the gas issue was a City Commission issue and he would
ensure someone from the City would contact him. Chair Rodriguez requested Mr. Hunt
provide his phone number for the record which was 954-648-8764. Attorney Cherof
advised he contacted the City Manager's office and the Risk Management office this
evening about the matter.
Malvina Lynch, 460 NE 27th Avenue, advised she had lived on Martin Luther King
Boulevard, and last year there was a police chase. The suspect's car hit her car during
the chase. She spoke with the Chief of Police who indicated they would see what they
could do to help her get her car fixed. She explained now there was nothing being done
and the Police indicated there was no police chase. She explained there was a chase
and she witnessed the incident. She explained nothing was done to the Police and now
she had no car. Chair Rodriguez explained the matter was a City Commission issue,
and he would ask the Police Chief or a representative to contact her. She should follow
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August 10, 2010
up and determine where her complaint was in that process. They cannot, by law.
intercede in a Police matter until their case was completed. Ms. Lynch also spoke in
favor of the trolley
Deborah Branford, 2101 NE 1 st Court, spoke in favor of the trolley. She rides it daily
and she indicated many citizens are disabled that need the trolley for shopping. The
trolley was needed for the senior citizens, students and disabled persons. It was the
only transportation that low-income and unemployed residents could afford. A one day
pass for Palm Tran was $4. It was unfair that they had to lose the service on the
weekend and unfair that the trolley employees would lose their jobs, adding to the
unemployment. She asked the Board to reconsider its impact on the community, and
some items should take precedence over others.
Roma Frederick, 1001 North Railroad Avenue, was in favor of the trolley and she
stated the trolley helped mobilize her because it was handicapped accessible and she
was disabled. The trolleys help to add monies to the economy when citizens shop. She
praised the drivers who taught the children the meaning of respect and privilege before
the rules were posted. There is a dress code and a bond formed among the riders who
now know one another. Youth who have finished high school use it to travel to the
Florida Career Center. She explained she spends a lot of money when she goes out on
the trolley
Madison St. Juste, 161 NW 14th Court, was born in Boynton Beach and became
disabled two years ago. The trolley takes her to the doctor. It takes all handicapped
people where they need to go. Elderly citizens were now coming out and using the
service and she implored the Board to keep the service.
Floyd Zonenstein, 2620 NE 1 st Court, spoke as President of Village Royale on the
Green. He indicated it was a feather in the City's cap to have the trolley service the
senior citizens. The residents of Village Royale on the Green and the surrounding
areas comprise 9% of the daily ridership. The patrons cannot afford automobiles or
public transportation and the service was their life-line. He requested the Board keep
the trolley service.
Joe Pucchio, 1713 Boynton Bay Court, indicated he was a Vietnam War Veteran, who
relocated to the City from up north. The trolley allowed him to connect to others and
form friendships. He acknowledged the trolley will end on October 1 st, and inquired
what they would do with the revenue. He suggested a solution such as having the
service Monday, Wednesday, or Friday or having a 50-cent fee. He explained many
individuals faced a hardship and he could not drive. If the service is discontinued, he
and a lot of people will be hurt.
Another resident of Boynton Bay Apartments whose name was inaudible explained the
trolley was important for residents who did not drive. They visit WalMart, Publix, the
Mall, Target and others. The service was important for elderly residents but also for
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August 10, 2010
students. The shopping establishments need customers and the impact on them should
be considered.
Tomas Boynton, Founder of Citizens for Improved Transit explained he sits on the
Palm Tran Service Board, the FEC Coalition, and the SFRTA Citizens Transit Advisory
Board. He complimented the City and the Community Redevelopment Agency Director
for having the service. It was the model example of what the United States and Europe
was moving towards. The service was environmentally friendly, created communities
and allowed individuals to travel within their cities to shop, keep doctor appointments,
and other life necessities. They were quality of life trips without having to own a car. By
having the service, it gave individuals the option to not drive a car and buy gas.
Accordingly, those monies go back into the community. He encouraged all to
experience riding the trolley. It served a diverse population that interacts and creates a
social fabric. The City of Boynton Beach receives gas tax funds which are used in
various ways. He requested the Board consider the pros and cons of spending on road
beautification projects as opposed to investing the monies on quality transportation. He
pointed out there were a great deal of people attending this meeting who came out on a
rainy day in support of the service because it was very important to them. He advised
over 765 residents signed a petition which he distributed to the Board. He also
informed the Board the average ridership was over 10K a month and it increased 4%
because the Saturday route was eliminated, so the per hour service increased. Mr.
Boynton was volunteering his time as a transportation consultant for non-profit
agencies.
Susan Mandell, owner of Thank You for Your Ride Room 101, and a single-parent
explained her son in Ocean Ridge took the trolley to the Tri-Rail to Lake Worth High
School and now has graduated and was attending Northwood University. She was a
proud resident in Boynton Beach. She agreed they trolley service should continue.
Barbara Franklin, 2103 NE 3rd Court, represented the Boynton Beach Assisted Living
Facility and herself. She confirmed the residents relied on the trolley and use it daily.
The residents were handicapped, having wheelchairs and walkers, and they were
serviced. She pointed out those individuals were also present at the meeting. She was
a student at the Florida Career College, and it was vital she attend school in the
morning. She was dependent on the trolley. She does not drive or want an automobile.
Joelyn Sabodnic, 625 Marina Village, commended the Community Redevelopment
Agency, Molly's Trolleys and their staff for the service. She requested the trolley
service remain.
Stone Palmer, 323 MLK Jr. Boulevard, a lifelong resident of Boynton Beach explained
she is a teacher. She is presently disabled and needs the trolley for doctor's office, post
office, bank, work and other visits. She recalled there used to be three trolleys with
three directions but they took away the Saturday and Sunday route. She explained
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August 10, 2010
many residents depended on the trolley to frequent the different destinations in Boynton
Beach and it would be good if the trolley ran seven days a week
Chair Rodriguez closed the public comments and thanked all for their statements. As it
pertained to the trolley, he advised the Board had not finalized the budget yet. The
preliminary discussion was to evaluate the cost of the trolley which was $436,000 of
Community Redevelopment Agency dollars, which are funds set aside to redevelop
primarily, the eastern part of the City. Their revenue decreased significantly, which
equated to less development dollars.There were projects in the Heart of Boynton,
Seacrest Boulevard and Federal Highway, and the trolley was a big ticket item. The
study conducted by the Community Redevelopment Agency staff indicated there was
very limited use of the trolley. He indicated that study would be compared to the study
presented by Mr. Boynton.
Chair Rodriguez pointed out the trolley employees were not employed by the
Community Redevelopment Agency; rather, they were paid by the vendor. Those
employees may be reassigned to another area. He explained there was still much
discussion to take place.
Mr. Holzman concurred with the Chair. In weighing the cost of continuing the trolley
versus the potential use of those funds and the impact the development of some of their
projects would have, the decision was primarily to cut those costs. The downtown was
in dire need of rejuvenation and the use of a trolley in the downtown area was valuable.
It was their responsibility to draw people to that area. The trolley service may continue
or could return when there were more funds. They have a limited amount of money and
many projects needing to be funded.
Mr. Hay agreed with the comments made regarding balancing the projects and pointed
out he was in favor of saving the trolley. He took note of Boynton Beach setting the
model example. The City was one of the few cities that provided full services to its
citizens and they were scrutinizing the budget to try to keep the service because it
impacted many people that have a need. Public transportation was the way of the
future. He indicated if they were redeveloping the downtown, they must evaluate what
part transportation would play in the overall plan. The trolley was expensive but they
would look at ways to save the trolley and explore all the options. He agreed with the
comments made by the Chair and other members on the matter. He appreciated
hearing the public's comments and would do all he could to save it.
Mr. Orlove thanked all for coming. He explained the members sit as the Community
Redevelopment Agency Board and City Commission and they play a dual role. The
members have been in budget discussions as well with the City. One item they have on
their wish list was to save the Shopper Hopper. On Mondays residents could call and
the Shopper Hopper would pick up the residents and take them anywhere they needed
to go. During the rest of the week the residents scheduled their trips. He was in favor
of mass transit and was willing to consider, since the City was trying to save the
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August 10, 2010
Shopper Hopper, expanding the routes to the trolley area. He requested the public
understand they pay $200K for that service. The fees charged were 50 cents one way
or $1.50 round trip which did not cover the cost and its was subsidized about 90%. He
was not in favor of the Trolley or the Shopper Hopper separately. He was in favor of
having some kind of mass transit that retained both lines. The members had serious
considerations before them, but thought they should charge a fee and they have
discussed increasing it. He would like to see some type of transit survive for the corridor
or on Federal Highway and include the Shopper Hopper routes.
Vice Chair Ross was in favor of exploring the transit situation for the Community
Redevelopment Agency district and the City as a whole. She appreciated the comments
and commented as the District IV Commissioner, the Boynton Beach Mall Manager
called to advise her that he was receiving calls about the Trolley's possible elimination.
The trolley was a link between the west and east side of the City. The members would
review the matter and wanted a good solution to it.
Ms. Bright indicated Mr. Boynton, she and Wally Majors, Recreation and Parks Director,
would be meeting the next day regarding the trolley and the Shopper Hopper to
ascertain if there was any synergy between the two entities and try to come up with a
solution.
XI. Legal:
A. Report by Board Attorney Regarding Investigation of Executive Director
Attorney Cherof advised within the next day or so, he would be forwarding a resume of
an investigator to go forward with the investigation the Board discussed at the last
Board meeting. He would forward the information to the Board in the same manner as
was previously done and would send the resume as well as a retainer setting forth the
terms and conditions. The investigation would begin within a day or so, and be
completed within three or four weeks.
Attorney Cheraf would preliminarily make the decision about who to use and forward the
information to the members. He agreed to wait a short time before acting on his email to
ensure there were no conflicts raised, and if so, he would delay moving forward until he
found an alternative. This action was in response to a motion made at the July 20, 2010
meeting. The final motion was made by Mr. Orlove to investigate the relationship of the
Executive Director and Mr. Ferrer doing business as Sunset Entertainment and only that
issue and the Executive Director shall remain on staff pending the investigation. That
motion had passed unanimously.
XII. Old Business:
A. Approval of Contract between the CRA and B & B Underground Contractors
for Site Development of Ocean Breeze West in the amount of $431 ,721 .08.
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Vivian Brooks, Assistant Director, explained this item pertained to the $400,000 in
Neighborhood Stabilization Program (NSP) funds allocated by the City to the
Community Redevelopment Agency for the site development of Ocean Breeze West.
Six bids were received and the low bidder was B&B Underground Contractors. It was
noted REG was an architectural firm, not a civil engineering firm. Under the terms of
their contract, they hired G. Simmons and White.
There was discussion why staff would use a middle man, instead of contracting with a
civil engineering firm directly. Ms. Brooks explained REG laid out the plat, and
designed the underground utilities. REG has firms they work with all the time, ie.
landscape architects and others. This item was a work order and the fees for Simmons
and White were embedded in the fees paid to REG. Chair Rodriguez inquired if staff
had qualified engineering firms to do the work. Ms. Brooks responded they did at one
point, but she did not know if the contract expired. She noted REG had initially
submitted the proposal with the work included
Chair Rodriguez expressed he did not feel proper protocol was followed and turned the
item over to Attorney Cherof who clarified the matter was whether the work was
consistent with the procurement policy of the CRA and whether the policy was
appropriate for the type of work that they did. He suggested they could check into the
matter to see whether it was consistent and if not see what the cure for it would be.
Mr. Hay inquired if this was done in the past with this project. Ms. Brooks responded it
was. Mr. Hay inquired why the inquiry was made when staff had taken this route before
without objection. The architect can hire someone who is qualified to do the work which
was acceptable to the Board.
Chair Rodriguez explained he was uncomfortable with the answers and they have to
follow the right protocol. He requested it be tabled until the information was verified.
Ms. Brooks explained REG was doing the work on the Children's Museum and the City
added a scope of services for engineering services to it.
Motion
Mr. Hay moved to approve it contingent upon the finding out of Legal whether or not the
company was on the qualified list.
Mr. Hay inquired if that was a problem for staff. Ms Brooks responded it was.
Mr. Hay repeated his motion that they approve this contingent upon the approval of
what the Attorney is saying that this engineering firm is legit.
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Community Redevelopment Agency
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August 10, 2010
Chair Rodriguez inquired if there was a substitute motion or a second to the motion.
Vice Chair Ross seconded the motion.
Mr. Hay inquired again if this was a problem for staff. Ms. Brooks explained the same
rules applied to the City and the Community Redevelopment Agency had a very short
timeframe to sign the contract because the Community Redevelopment Agency had
more stringent performance standards for the $400K than the City had for the $2.9M.
That was why they made every effort to get the bid on the street.
REG submitted a proposal to do this scope of work. They could hire who they wished.
They hired other people all the time to do work for the Community Redevelopment
Agency such as landscape architects and engineering services for other projects. They
do so for the City and they were currently doing so for the City now. If it was a problem
with this project, Ms. Brooks assumed it was a problem for the City with the
Schoolhouse Museum.
Attorney Cherof confirmed they could make the determination tomorrow. The issue was
whether Simmons and White was consistent with the procurement policy of the CRA
and if not, he would make a determination of a whether it was a substantive deviation
and whether it warranted having to come back to the Board. If the finding was in favor
of the firm it was possible it may not have to come back to the Board. It was also
confirmed they must have an executed contract by August 30th.
There was a vote on the motion. The motion passed.
B. Status Report on Interest of:
i. Ruth Jones Cottage
II. Oscar Magnuson House
Ms. Brooks explained the staff report was included in the meeting materials and she
sent, under separate cover, an email regarding letters of interest. Four letters were
received. One letter was for the Magnuson House from an artist group and three for the
Jones Cottage. The majority of people calling did not have the finances to undertake the
project, but staff was continuing discussions with various people.
Mr. Orlove commented the meeting materials mention this type of endeavor was done
with other communities but it did not state what they are doing with it or if they would
bring in revenue. Ms. Brooks explained the cultural uses proposed were not
moneymakers: they were more for a draw to the area as a place of interest. They could
in the future possibly pay rent, but the amount would not be significant enough to cover
the taxes and insurances. Once staff leased the property, it becomes taxable. The
property adjacent to the Bank of America site was appraised for $1 M and they only
receive $600 a month rent for it. Chair Rodriguez inquired about two other parties that
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Community Redevelopment Agency
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August 10, 2010
expressed interest. One was from Dadas. Ms. Brooks explained she emailed him and
he never responded to her
Ms. Bright sought direction whether the Board wanted to extend the timeline. Mr.
Holzman preferred to extend the deadline another 30 days, have staff contact interested
parties and provide the documentation, such as emails and correspondence to the
Board regarding their efforts.
Ms. Brooks pointed out they had a little more information from one of the Respondents,
Christine Francois. Staff was looking to ascertain what the Board wanted and staff had
not vetted the Respondents for financial responsibility It was an unproven area and
unproven market.
Chair Rodriguez suggested issuing an RFP and providing the responses to the Board.
The Board would make the determination
Ms. Brooks explained RFPs would have a limited audience. Restaurateurs and bar
owners do not peruse the legal notice section of the newspaper as opposed to
contractors and other parties that commonly work with governmental entities. Staff was
preparing an ad for the Coastal Star which was appropriate for the market and
preparing to put it on F acebook and on their website. She was meeting tomorrow with
someone who has great restaurants in Palm Beach County. Chair Rodriguez explained
staff could spend alot of time doing that, but they needed to put a proposal on the street.
He wanted to know what incentives were going to be provided to the potential operator.
Ms. Brooks pointed out that was a Board decision. Chair Rodriguez differed and
assumed the Executive Director would make the recommendation about what
incentives would be available so entities could respond
Ms. Bright explained staff put it on the commercial LoopNet and included those stats,
which was typically the site restauranteurs and real estate brokers go to and there was
some interest there. As a result of that interest, she was looking for direction from the
Board whether they wanted to do an RFP and include financial incentives, and list it in
LoopNet that staff was willing to incentivize and appropriate a cost of up to $300,000. If
the Board reached consensus or moved for staff to issue an RFP, they could do so.
Staff was already doing what they could from a general marketing standpoint via
Facebook, LoopNet, signs and ads in the Coastal Star
Mr. Holzman wanted the ad put in the paper and to see what kind of responses would
be received and at that point, in 30 days, put out an RFP. Chair Rodriguez commented
staff could do both simultaneously, and the Board should be advertising the RFP not the
property.
Mr. Orlove sought clarification whether they were discussing both properties. He
pointed out the in the past, the Board was discussing some type of food establishment
for the Ruth Jones Cottage with interested parties, and two people came forward. He
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August 10, 2010
inquired whether it was more beneficial for those two parties to put together a
presentation and staff could pick and choose one, at least for the Jones Cottage. As to
the Magnuson house, he would like to see what they were proposing, but he was
unsure it was put together correctly. Mr. Orlove liked the idea of having a working
studio and an art component on Ocean Avenue. He wanted to move forward with the
Ruth Jones Cottage and have a presentation at the next meeting. Two concrete
responses were received: Christine Francois and another proposal that was submitted
to Mike Simon about a different concept.
Mr. Holzman was not in favor of moving forward with anything until staff reached out to
the market to determine a response. If staff issued an RFP, interested parties would put
together a proposal.
Mr. Orlove commented Kim Kelly who has a good reputation as a restaurateur was also
interested and the Board had three proposals. The Board had publically been
discussing this in April and May and now it was August. He questioned the need to wait
another 30 days.
Chair Rodriguez commented he envisioned the property would go out to RFP and they
would receive a proposal. Attorney Cherof explained there was no requirement to
formalize the process but RFPs were the preferred legal process. There was a set
formula to do so and a set formula for identifying who would offer the best proposal and
then to negotiate. Chair Rodriguez did not think it would take much longer to issue an
RFP which outlined the incentives.
Mr. Hay agreed with Mr. Orlove. He had heard the Board say over and over to move
expeditiously. Now they had three viable proposals and it was appropriate for them to
do what they said and hear the proposals. It was pointed out the Board could direct
staff to reach out to the three Respondents and/or advertise it indicating they needed to
come to staff by a certain date. Chair Rodriguez inquired whether staff needed to
provide the incentives first. Ms. Bright explained a person needed to come to staff with
an operating pro forma and then staff goes to the Board with their recommendations.
Chair Rodriguez thought the process was backwards. He explained not everyone knew
what incentives were available in Boynton Beach. He explained if you want to attract a
broader response, staff should indicate what was available.
Ms. Bright explained they give rent subsidies, so they could have rent abatement for 18
months. With a retail lease they could pay it back. It could be a fixed number. The
framework would be the current economic subsidy models and maybe an additional
incentive if the Respondent wanted extra.
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Motion
Mr. Orlove moved for CRA staff to contact the individuals that have so far brought
proposals to their attention, to reach out for them to come back with formalized proposal
and advertise specifically the Ruth Jones Cottage so they could discuss it at the next
meeting. Mr. Hay seconded the motion. Mr. Orlove clarified he wanted to pursue both
avenues, reaching out to the Respondents and to the broader community. This could
offer more incentives for others to come forward to bring proposals.
Chair Rodriguez thought proceeding in that manner may give a competitive advantage
to some Respondents. Mr. Orlove inquired how long they were going to wait. If staff
advertised it and gave it a cut-off date, this would allow people to put a proposal
together
Mr. Orlove amended his motion that the three individuals and any others that said they
were somewhat interested in this property, that CRA staff contact them to get formalized
proposals from them to develop the Ruth Jones Cottage and advertise it in the Coastal
Star and any other means and have a deadline of submitting proposals by a certain
date that would allow the Board to look at these proposals at their next meeting.
Ms. Bright explained 60 days was a short timeline but they do have responses. She
recommended taking the actions currently as described by the Attorney. The first time
they could deliver them was by the October meeting. Staff would formulate the
incentives before advertising.
Mr. Orlove wanted to amend his motion only regarding the deadline for submitting
proposals to the Community Redevelopment Agency staff in enough time to discuss it at
the October meeting. The deadline would be to submit by the 20th of September. The
Respondents would make a proposal presentation lasting about 10 minutes and have a
full business plan including financials.
Ms. Bright recommended having financials or obtaining a 3rd party verifier. Ms. Brooks
also inquired, since they have varied types of businesses calling, whether they wanted
to limit the type of business that would be located there, such as only considering
restaurants.
Mr. Orlove clarified his amendment was not restricted only to restaurants, but other
types of establishments as well. Mr. Hay seconded the amendment.
Chair Rodriguez opened the floor for public comment:
Kim Kelly explained redevelopment was about the community and small businesses.
She requested when reviewing the responses, redevelopment move forward. Season
was around the corner and the Board should consider that when they issued their
timelines.
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Brian Edwards, 629 NE 9th Avenue, cautioned the Board to be consistent. If you issue
RFPs, issue them all the time. He has attended the meetings and heard the urgency.
The Board requested action and received the response, but now it changed. He
commented the Board decided to go with the Holiday House as the Community
Redevelopment Agency office as opposed to the Magnuson House. He would like to
see more clarity given to the staff and to City staff. He indicated the Board should send
a consistent message about what they were doing all the time.
Motion
There was a vote on the motion. The motion passed.
C. Discussion Additional Enhancements for the Non-response to the MLK RFP
Ms. Brooks explained staff was asked to come back with suggestions which could help
attract development to the MLK RFP. Staff would agree to reimburse the developer for
the balance of property the Community Redevelopment Agency does not own, which
was estimated at $2.29M, and agree to bond for infrastructure improvements for the
project, which was about $500,000 in value. She pointed out these cannot be done
because the Community Redevelopment Agency cannot bond at this time due to the
uncertain revenue trend.
Chair Rodriguez inquired why staff would make a recommendation they could not
undertake. Ms. Bright responded they wanted to ensure the Board that staff was
investigating what enhancements were there and acquisition was the only option
available. Staff was addressing the Board's statements. Ms. Brooks explained the
impediment to development was staff did not own all the property and acquiring those
properties would be the largest obstacle for the developer. Ms. Bright clarified staff tried
to acquire individual properties so staff could square off the property and Mr. Finkelstein
indicated it was a package deal. Ms. Bright explained nothing could be done to
incentivize the property and buy the additional parcels to assemble enough acreage to
make a developer responsive to the RFP. The Board could bond, but they could not
bond today.
Staff's recommendation was to consider reissuing the RFP in fiscal year 2012/2013
because nobody knows when the downward property value spiral would stop. Until the
revenue source stabilized, the Community Redevelopment Agency could not bond.
Motion
Mr. Hay moved to go with the above recommendation to consider adding the above
referenced option to RFP and reissue it during first quarter of Fiscal year 2012/2013 if
the required bond ratio could be met. Vice Chair Ross seconded the motion.
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Chair Rodriguez was uncomfortable approving something in 2012/2013 and thought it was
more appropriate to table it and have CRA staff bring it back during better times.
Motion
Mr. Holzman made a substitute motion to table it and have staff come back when they
see there was an option available whether it was this or something else for this.
Ms. Brooks explained 2012/2013 was the estimated time when they anticipate property
values would stop dropping. Since ad valorem funds are received after stabilization
occurred, they have to wait one year after diminishing rates stopped. She referenced a
newspaper article which indicated property values would continue to drop. They
predicted a continued drop for the following fiscal year. Banks were also only funding
loan to value ratios at 50%
Mr. Orlove seconded the substitute motion to table the item and have staff bring it back
at a more economically viable time. Mr. Hay pointed out there was a new Board coming
in next month and they could change it if they so desired.
Vote
There was a vote on the substitute motion which passed 4-1 (Mr. Hay dissenting.)
D. Discussion of Ocean Breeze East
Sister Lorraine, Women's Circle, 912 SE 4th Street, commented she and others have
been listening to the efforts of the CRA to develop the HOB. She looks at the south
side of town, specifically on 23rd coming west from Federal Highway. There were some
rentals in the area and she wished some developers could move those type of rentals
onto MLK. She heard about the Floribbean look. She saw them in Key West and she
indicated the project could really be a magnet. She pointed out the Community
Redevelopment Agency does not have to be a huge project and the Community
Redevelopment Agency did not have to own all of the property to do some of this in
their lifetime.
Victor Norfus, 261 N. Palm Drive, agreed with tabling the previous item and was
opposed to locking the Community Redevelopment Agency into the project in
2012/2013.
James Brake, 710 SW 27th Terrace, understood the idea of assembling all the lots to
have larger projects. He suggested building projects on smaller lots needed for land
banking, perhaps having second and third floors with retail, office and even residential.
He suggested using the land and putting something in place so they could have
something to build from instead of waiting for the larger projects.
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Vice Chair Ross returned at 8:42 p.m.
There was discussion that the original RFP indicated the developer would acquire the
property. They tried to do that.
Ms. Brooks explained on April 13th, the Board selected Auburn Development for the
development of the project. They presented a proposal which was forwarded to Legal
for review. Staff believes there were additional items that should be added to the
agreement to enhance its impact such as a timeline for actions on the part of Auburn.
The timeline would include:
~ The developer's application for funding to the State;
~ The site plan approval;
~ Approval of all necessary funding and construction starts;
);> A clause that if the developer does not adhere to the timeline, they appear before
the Board, provide a reason and ask for an extension;
Mr. Holzman left the dais at 8:43 p.m.
~ A closing date for the land sale;
);> The closing be co-terminus with the closing of the construction loan, that they do
not transfer the land without some certainty that development will occur and that
the developer cannot sit on the land;
);> Submit a conceptual plan for approval and it be made a part of the Purchase and
Sale Agreement;
);> The conceptual plan be approved by the Board; and,
);> Due diligence be done.
There was discussion the market for funding was bad. The developer could do infill
housing but 84 units multi-story was different. Ms. Brooks was not dissatisfied with the
developer to find other sources of funding and pointed out they have a track record.
The developer was diligent and staff did not want the project to be floating out there
indefinitely.
Mr. Holzman returned to the dais at 8:46 p.m.
Mr. Hay explained the Board dealt with Auburn before and they were somewhat
misguided. At that time, the developer did not live up to their part of the deal and they
were dropped. He pointed out they were a good company but he wanted to ensure they
were doing due diligence. It was his understanding the developer was on track and
they were doing their part and staff was doing its part. Ms. Brooks explained Auburn
provided them with a purchase agreement and staff advised them the Board would
discuss it. It was up to the Board to set the standard for what they wanted. These were
not items that were unusual to ask for. The Purchase and Sale Agreement was a
standard land purchase agreement.
19
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
Mr. Hay would like to accept the staff's recommendation on those items.
Ms. Brooks explained she did not meet with them yet; rather she wanted to bring it to
the Board first. Attorney Cherof spoke with their Attorney who was Attorney Weiner and
discussed the items in staff's memo. He posed questions about timelines and
deadlines. Attorney Weiner was unable to respond to them and agreed to consult with
his client and provide feedback. So far Attorney Cherof had not had a response. At this
point the agreement was a ghost agreement. They could only say that they are on time
for submitting a draft document to them, but the document could be so hollow there is
nothing to respond to. The timeline was contingent on the developer obtaining
financing.
Chair Rodriguez felt there should be some working relationship with them as they
moved through the process and he was concerned they have not had that dialogue. It
appeared to Attorney Cherof that Attorney Weiner was okay with the Community
Redevelopment Agency requesting the items, but needed direction from his client. All of
the requested information was needed, but as far as the timeline was concerned the
expectation of this Board was the issue, i.e. a closing next month, a year from now or
later. Chair Rodriguez inquired if staff had a recommendation for a timeline
Ms. Brooks explained the developer would have to set that based on financing. Ms.
Brooks clarified she, Mike Simon and Ms. Bright met with them and the Housing
Authority collectively and attended a number of meetings. The timeline was driven by
the funding source. Staff was not asking the Board to develop those timelines, they
were being asked whether they wanted those types of terms in the agreement. The
agreement would come back to the Board. Staff was making their recommendations
about what should be included based on their experience
Mr. Holzman clarified when they came before the Board and were selected, it was an
RFP to enter into negotiations into the purchase contract. It sounded like this was part
of the negotiation process and the Board should request all those items in the contract.
He suggested continuing negotiations and having them respond
Motion
Mr. Hay moved to go with staff's recommendation to add those items the Executive
Director had listed to the Purchase and Sale agreement and bring it back to the Board
for consideration with the time limit being October, 2010.
Ms. Brooks confirmed staff would bring back a purchase agreement with their wish list.
Mr. Orlove seconded the motion.
20
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
Attorney Cherof suggested giving Auburn a 90-day deadline to return a real Purchase
and Sale agreement with all the items listed in Ms. Brook's memo.
Mr. Hay offered a substitute motion as outlined by Attorney Cherot. Vice Chair Ross
seconded the motion. The motion passed.
E. Approval of Lease for 710 N. Federal Highway
Ms. Brooks received the proposed lease from Mr. D'Almeida for the Holiday House.
She listed the terms which were:
};- A10-year lease with a base rent at $15.80 per square foot;
};- Annual escalation of rent of 5% ;
};- During the first year, the CRA would be responsible for $1,893 a month
comprised of the taxes which are $22,000 per year. The taxes would increase
because the building would be improved;
};- Maintenance;
};- Insurance;
};- A security deposit of $6,500 due on execution of the lease;
};- The CRA would be responsible for all interior renovations, landscaping, signage,
architectural fees for the interior at an estimated cost of $115K based on the
amount REG quoted for the cost and the difference between Mr. D'Almeida's
estimate plus the signs and permit fees; and,
};- The CRA could not terminate the lease without being held liable for the rent and
expenses for the remainder of the lease.
The spreadsheet reflected the fees for the duration of the lease were $1,037,668.
Attorney Cherof reviewed the lease was a Landlord's lease for commercial property; but
it needed to be modified as a governmental entity and it was a good starting point. His
comments were to bring it back in a form appropriate for government.
Art O'Almeida, 105 E. Palmetto Park Road, Boca Raton, explained there were about
19 items and he was agreeable with most of them. Mr. D'Almeida took issue with the
fourth item regarding termination. Ms. Bright explained the item pertained to if the
agency was not funded by the City and County, they could not pay the balance of the
lease's term. Mr. D'Almeida thought it would be reckless to spend that kind of money.
He advised he pretty much had the funding in place but he was unsure if the bank
would fund the renovation if the tenant left. Attorney Cherof explained the obligations of
the CRA would continue and be inherited by the City if the Community Redevelopment
Agency ceased to exist.
Attorney Cherof advised it was unusual to negotiate a lease in this manner, and he
agreed to contact Mr. D'Almeida to negotiate the terms.
21
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
Mr. Hay suggested tabling the item and asking Legal, staff and the landlord to work out
the details. There was an upcoming City Commission meeting and they could address
it at a special meeting then
Mr. Hay was in favor of the renovation, but he pointed out it cost almost double. Once
the property was renovated, the property tax value would increase. Mr. D'Almeida
advised he planned on appealing the tax assessment. If the taxes were lowered, it
would lower the rent.
Mr. Grlove inquired if a governmental body was responsible for paying real estate taxes,
maintenance and insurance. Attorney Cherof responded they were responsible for
some, and it was negotiable. Attorney Cherof reiterated the lease needed to be
modified. It was noted Mr. D'Almeida included a letter of intent.
Motion
Mr. Holzman moved to allow Legal and Mr. D'Almeida to come to an agreement on a final
lease and have that lease be presented to the Board at a special meeting next week. Mr
Hay seconded the motion. The motion passed.
G. Discussion Regarding Disposition of 1002 MLK Blvd.
Mike Simon, Development Director, explained the CRA closed on the subject property,
known as the Robert's building in February. The building was vacant and boarded,
antiquated, in disrepair, not up to Code, and in no condition to be leased by a tenant.
When the property was purchased in September 2009 and subsequent to the purchase,
there were several discussions held about combining the property with Jesus House of
Worship and another building for some type of mixed-use structure and incorporating a
business incubator.
Chair Rodriguez left the meeting at 9:16 p.m.
On June 30th, REG architects conducted a building evaluation assessment to provide
the Board with the information to bring the property up to Code should they decide to
lease the building. The second option was to demolish the structure and lay in wait for
future development. There was discussion regarding demolishing the building.
Chair Rodriguez returned to the meeting at 9:17 p.m.
Concerns were raised that many vacant lots became dumping grounds and it was at a
major intersection.
Mr. Simon explained the Board could obtain estimates for irrigation if there were
plantings. There was a cement wall on the Robert's property, and he hesitated to
remove it because, while it would create depth, the properties were undesirable. He
22
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
noted staff could offer the property as an opportunity to paint a wall mural or just
painting the wall.
Motion
Mr. Hay moved to select Option 2 with the option of staff coming back with beautification
options the Board could take a look at and select from. This included staff moving
forward and razing the building. Mr. Holzman seconded the motion. The motion
passed.
XIII. Executive Director's Report:
None.
XIV. New Business:
A. Presentation of Construction Manager at Risk Contract Format by Kaufman Lynn,
General Contractors
Mr. Simon explained this item was an opportunity to have a premiere and successful
contractor make a presentation of Construction Manager at Risk Contract Format and
explained their affiliation was through a continuing contract with Kaufman Lynn, a
General Contractor from Boca Raton and RFQ and evaluation of the responses. They
were one of the three contractors on the Community Redevelopment Agency's
continuing contractor's list and they have an active contract. This format worked well for
the three projects they have which were the Ruth Jones Cottage, the Ocean Avenue
Amphitheater, and the Boynton Harbor Marina Entryway. These projects were
approaching the permit stage. Last Thursday, the site plans were submitted for the
Ruth Jones Cottage relocation. The amphitheater reached the bid document drawing
stage and would be a permitted project within the next 30 days. The Entryway project
at the marina was also reaching completion in its design and drawings would be
submitted, also for permit within the next 30 days or sooner. Staff could issue a hard bid
for the individual projects, issue a bid to the three contractors under continuing contract
or enlist the services of a single contractor who was an expert in the field and use them.
Mr. Simon wanted the contractors to make a presentation. It was explained the
contractor assisted staff with all three projects with budgeting, value engineering
preconstruction services, and what the projects would entail construction-wise. They
offered suggestions how to save money on ways to construct the project. Mr. Simon felt
since staff was close to the building phase, it was an opportunity to receive direction
from the Board whether this option made sense or whether the Board wanted staff to
issue an RFP or hard bid.
Mike Simon explained with the Ruth Jones Cottage, staff was given direction to move
forward with the project, which included two phases. One phase was to move the
23
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
structure to a location and solicit a tenant. The major obstacle with the second phase
was a potential tenant could not move in right away Phase II is to redevelop the
cottage.
Mr. Hay left the dais at 9:30 p.m.
The Cottage would be moved to a vacant parking lot, and it provided an opportunity to
entice a builder to the area. The building would alert the community that development
was occurring on the Avenue. If a person wanted to open a restaurant but had to wait a
year because it was not ready to go, it lost its attractiveness as a potential site. It was
noted at this time, staff was not making interior renovations.
Mr. Hay returned to the dais at 9:32 p.m.
Chair Rodriguez was in favor of moving the building but delaying the interior and
exterior renovations until a tenant was obtained. Mr. Simon explained the parking lot for
the structure could not accommodate the building without it being improved. The
structure would be placed on a stem wall, fastened to the ground and have rough
plumbing and landscaping. The building was small and staff was working on potential
designs.
Ms. Brooks explained there were asbestos tiles on the exterior of the building. The
building was very small, and for the type of deal that would be made, staff would give
them the plans designed by REG and they were okay with the exterior. The work was
basically the landscaping, the covered deck and the handicap ramp required by Code.
There would be basic electric and plumbing. Build-out referred to the interior and not
the exterior. Chair Rodriguez thought making any improvements may dissuade
interested parties.
The presentation was how to engage a contractor in building the projects. If the Board
accepted the methodology, the projects would have to be approved for bidding. The
other firms under continuing contract were Hedrick Brothers and Burkhardt
Construction. Burkhardt specialized in road construction. Hedricks Brothers handled
retail/commercial and large-scale businesses.
Kaufman Lynn was the Community Redevelopment Agency's continuing contractor
selected by the Board due to their expertise in municipal building. They were selected
over other general contractors in the original bids due to their expertise in CM at Risk.
They constructed the Boca Raton Amphitheater. The Board's other options were to
select them, go to go hard bid, or have Hedrick Brothers and Kaufman Lynn make
presentations. Mr. Simon's goal was to present the CM at Risk's format. If the Board
did not like the format, staff would issue an RFP. Chair Rodriguez felt in the interest of
transparency, any other firm not on the qualified list should make the same presentation
to them. Chair Rodriguez explained the process was a well known process within the
24
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
building industry but he was uncomfortable hearing the presentation without the others
on the qualified list present.
Kaufman Lynn was vetted through a Request for Proposal in 2006. The Board renewed
their services for a second term as a continuing contractor. The RFP process was
complete. They were going to present the process for their company.
Attorney Cherof suggested rather than having a presentation on a specific contract, the
Board use the expertise of Kaufman to explain the difference between the CM at Risk
Contracting format versus the traditional contract the Board normally would see. Mr.
Simon clarified that was what he intended the presentation to be. Chair Rodriguez
explained on the City level, he requested the City do the same.
Vice Chair Ross requested Mr. Kaufman speak. Mr. Hay and Mr. Orlove agreed to hear
from Mr. Kaufman on that item only.
CM at Risk was a contract delivery method adopted 15 to 20 years ago by the State
Division of Management Services for agencies. It was then adopted by state
universities, colleges, municipalities, schools and taxing agencies.
Mr. Lynn explained there were issues occurring with the older methods such as the hard
bid or design-bid build, where the agency would hire the architect and engineers and on
a separate contract have contractors bid and hire the low bidders, thus creating
animosity between contractors and the architects and engineers. There was a lot of
litigation and options for protest on the bids with the methodology and it slowed the
project down dramatically. When projects were put forth using the system, most went
over budget and beyond the completion date. It was not an effective method for the
delivery for many projects.
With the design-build process, the agency primarily hired an architect to speed the
project along. This process was used extensively. The agency lost a lot of transparency
and control over the design and it was more costly, but it got done more quickly. The
CM at Risk method was decided on because it was a marriage of all the positive
benefits of both of those systems. It afforded complete transparency of the numbers,
the contractor must report who when and why someone was paid, the management
cost and the profit on the job, but the agency still retained the ability to hold the
contractor accountable. It created a teaming effort with the contracting agency, the
architect and contractor at the same time. It avoided litigation, promoted the
construction process, brought in construction experts and enhanced the durability of
projects they warrantied after they were completed during the design phase.
Mr. Kaufman reviewed a PowerPoint presentation attached to the original set of minutes
on file in the Clerk's Office.
25
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
Attorney Cherof advised the process was not unknown to Boynton Beach. The process
was used in the Community Redevelopment Agency area known as the Pond B project.
in the pavilion area. The ponds were dug under the CM at Risk program
Chair Rodriguez was a proponent of it and wanted the City and Community
Redevelopment Agency to use the methodology. He commented one option that was
missing was having the other two other firms under continuing contract engaged in the
project. He was unsure how to proceed or if they should request all three firms make a
presentation using the methodology.
Mr. Orlove suggested in Option 3, directing staff to move forward with an RFP and only
look at those companies using the methodology. Ms. Bright clarified Burkhardt
Construction handled road contracts and they would not use this process. She agreed
staff could have a conversation with Hedrick Brothers and they could come forward.
Mr. Orlove did not want to tie the Board down to a particular method. Mr. Simon agreed
there may be a smaller project that the bidding process would be better suited for. The
price point where the CM at Risk methodology would be helpful was in the $300K to
$700K range, depending on the complexity of the project and depending when the
construction contractor was engaged. With the CM at Risk process, there was no hard
bid or cost component included in the presentation or part of the selection process. Mr
Kaufman did not endorse the methodology for all projects regardless of the price point.
It would not be suitable for smaller projects or projects that did not require the expertise
of a CM at Risk manager to bid competitively. It made more sense to use the format on
a project-by-project basis. It would not make sense to use it with a single-source
provider for roadways, landscaping, or curbs and gutters. It would be beneficial on
building construction or renovation projects.
Mr. Holzman questioned what action was being requested. There was a question about
what the project scope would be. Mr. Simon explained the advantage of deciding
whether the Board liked the format or not was it established the need of whether to use
the hard bid, 60-to-90 day method or not. It provided direction to staff
The budgeted amounts associated with the projects were provided by Ms. Harris as
follows:
y Ruth Jones Cottage Relocation - $225,000 and Magnusun House Commercial
Use - $249,375
Ji' Amphitheater - $200,000
". The Ocean Avenue Marina Entryway Feature - $200,000
Mr. Simon explained the Marina would have a cost advantage. The complexity and
detail was a consideration of the dollar amount of it. A smaller project with a lot of detail
would also receive an advantage under the methodology. When viewed as individual
projects with an overall CM at Risk Contractor management format, they would receive
26
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
the best pricing and cost advantage when bidding the projects at a simultaneous
management level with CM at Risk, and with the potential subcontractors.
CM at Risk hard bid the subcontractors. The numbers provided to the Board by Ms.
Harris were the figures staff would include as an incentive offered to general tenant
populations. The amount set aside for a project could be used as business incentives,
build-out, free rent or other incentives.
Motion
Mr. Holzman moved to approve Option 3 opening the RFP process with the CM at Risk
to all vendors. Mr. Hay seconded the motion.
This opened the opportunity to bid to all general contractors to use the methodology.
The motion passed.
Chair Rodriguez inquired about the Marina and the area where photographs were taken
of fishermen and their catch. He advised he was contacted by Gino Pryatt, a tenant at
the Marina who had the original Fish-Hook Display sign. Mr. Simon explained he was
also contacted; however, the sign was specific to Mr. Pryatt's business. It also did not
meet the design standards. Mr. Simon would take a photograph of the sign, determine
where it could go, obtain the dimensions and bring his findings back to the Board for
further direction. He advised when interacting with the Marina tenants, staff was more
comfortable with the Board determining what would go up on the Marina.
On a different matter, Mr. Hay commented now that one of the top ten applicants for the
independent Community Redevelopment Agency Board dropped out, they should move
to the next applicant. Chair Rodriguez commented he would consult with Attorney
Cherof about the process and discuss it at the City Commission meeting.
XV. Future Agenda Items:
A. Analysis of Local Businesses at CRA Events
B. Downtown Interactive Google Map First Year Analytics
C. Small Business Incubator Concept Project at MLK & Seacrest
D. Marina Signage Entryway Feature at Boynton Beach Blvd. & Federal Hwy.
E. Results of RFP for Boynton Harbor Marina Fuel Dock Reconstruction Project
F. Purchase & Development Agreement between the CRA and Habitat for
Humanity
27
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
August 10, 2010
G. Analysis of 500 East Ocean Improvement Concept Plan
XVI. Adjournment
There being no further business to discuss, the meeting properly adjourned at 10: 12
p.m.
Catherine Cherry
Recording Secretary
28
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
August 10,2010
G. Analysis of 500 East Ocean Improvement Concept Plan
xvr. Adjournment
There being no further business to discuss, the meeting properly adjourned at 10:12
p.m.
Utt./wLL11L UiLUtlL
Catherine Cherry . ~
Recording Secretary
28
1Il~~<tY~Te~ C
Ii East Side-West S'.de-Seas'lde Rena'lssance
eRA BOARD MEETING OF: September 14, 2010
x I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Monthly Financial Report
SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for
the month ending August 31, 2010.
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: N/A
RECOMMENDA TIONS: Approve August financials.
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Meetings\09-14-10\Financial Report.doc
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; lit ~ctY~T2~ICRA
. East Side-West Side- Seas.lde Rena.lssance
eRA BOARD MEETING OF: Septemberl4,2010
x I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Approval of funding up to $20,000 from the Residential Improvement Grant (RIP)
Program for Lucille and Clinton Brackett.
SUMMARY: The Residential Improvement Grant Program was created to assist very low, low and
moderate income eligible homeowners and landlords with properties in the Heart of Boynton
community. The program is focused on exterior renovation of properties with eligible rehabilitation
items such as roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard
landscaping and irrigation.
The RIP grant application for Lucille and Clinton Brackett, as submitted and reviewed, meets income
and property eligibility criteria set forth in the board approved program guidelines. There is no wavier to
the program guidelines for board consideration. .
FISCAL IMPACT: Up to $20,000 from the Residential Improvement Grant Program: Project
Fund, Line Item 02-58200-406; FY09-1 0 Budget.
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment
Plan.
RECOMMENDA TIONS: Approval of up to $20,000 from the Residential Improvement Grant
Program for Lucille and Clinton Brackett for the property located at 424 NW 9th A venue, Boynton
Beach, Florida.
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
RESIDENTIAL REHABILITATION SPECIFICATIONS
PROPERTY INFORMATION:
ProDertv Address: 424 NW 9th. Avenue Bovnton Beach FI. 33435
Contact Person: Lucille Gallery-Bracket
Contact Phone: (732) 688 7579 (732) 233 3194
Building Description: Number of bedrooms: I 2 I Number of bathrooms: I 2
Property Control Number: 08434521 140000870
CONTRACTOR BID INFORMATION
Total contractor bid for work requested: $
Bid submitted by:
Signature: X
The proposed work shall be completed within ~ working days
Client: Boynton Beach Community Redevelopment I Date: I 6/20/10
Address: 915 So. Federal Hwv, Bovnton Beach, FI. 33435 Revised 8/02/10
This Rehabilitation Specifications Work Write Up shall be submitted in its entirety, with the
permit application. It shall fully disclose the scope of work to be performed, permitted and
inspected.
Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach
Redevelopment Corporation with the final pay application
1. Permit, product approvals, signed and sealed engineering recommendations and
acceptance, stamped by the building department of jurisdiction.
2. One year warranty on all work in the contract as amended by change orders with the
exception of new roof which shall have a 5 year warranty
3. Manufacturer's warranties on all products and appliances installed.
Bid Documents:
Contractor's bid will be based on to total bid price which shall include to total sum of all bid
amounts on all individual specified items.
Lead Based Paint:
This building contains lead based paint therefore interim controls and safe work practices shall
be practiced while performing the scope of work in this single family home rehabilitation project.
Boynton Beach CRAISandslBrackett Estimate 9-09-1 O.wpd
Page 1 of 4
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
REHABILITATION SPECIFICATIONS
Contractors shall provide all labor, material, equipment, and permits required by the building
department of jurisdiction to perform the following ~ line items:
Description
Qty Bid Amount
1.
Sloped Roof - Shingles
Lot $ 5.500
Remove entire sloped roof covering. Replace damaged sheathing, replace / repair
damaged rafters and related roof components. Contractors shall include in their bid
replacing up to 10% of sheathing and rafter/trusses top chords. Damage in excess of
" 10% " of sheathing and rafter/truss top chords shall be addressed in a change order.
Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match
existing sheathing. In instances where the sheathing is an exposed ceiling, replacement
sheathing shall match existing and may be planks.
All roof sheathing/decking nailing shall be brought up to meet the 2004Florida Building
Code. Existing fasteners may be used to partially satisfy this requirement and additional
nailing shall consist of the required ring shank nails.
Install one (1) layer of ASTM 30 lb. felt paper. Then install 40 year rated quality or equal,
laminated (dimensional) shingle, self sealing, fungus resistant fiberglass shingles, to
meet local building code. Install to code and manufacturer's specifications two (2)
Metal Dome Vents, 144 square inches - Owens Corning VentSure or equal. New 3"x
3" metal drip edge (see note below) and flashing shall be installed throughout the entire
roof system. The entire new roof system shall conform to building code of jurisdiction.
Note 1: Contractor shall replace deteriorated portions of existing 1 "x 2" build-out for the
drip edge at the top of fascia. If no 1 "x 2" exists at the top of the fascia, the contractor
shall install all new 1 "x 2" primed and painted to match existing fascia color.
Note 2: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall
be with nails placed into the sheathing, roof rafter, truss, or sub-fascia. No fasteners
shall penetrate into the fascia or 1x2 wood drip edge nailer.
Note 3: Owner shall have choice of shingles color.
ATTENTION: Note 4: Plywood sheathing joints shall be covered with a 4"-6" self adhering
bitumensecondary water barrier applied directly to the plywood sheathing. Contractor shall
submit photos of the secondary water barrier when requesting payment for this item.
Boynton Beach CRA\Sands\Brackett Estimate 9-09-1 O.wpd
Page 2 of 4
Description
Qty Bid Amount
2.
Fascia and Front Porch Ceiling
Lot
$ 900
Replace deteriorated fascia and soffit. A minumum 6 feet must be maintained between
joints or corners which shall be mitered. Fill all nail holes in all affected wood, seal with
caulking the seams of joints of wood where they meet the soffit and prepare for paint.
Locations: Front Porch Ceiling - ALL Fascia on the gable ends
3.
Aluminum Windows
ALL $ 2.400
Remove existing windows. Install new aluminum single hung windows with aluminum
framed screen. Bathroom windows shall have obscure glass. Provide modifications to
openings and electric if necessary to accommodate the new windows. Patch affected
exterior areas and touch-up paint to match existing finishes a c1ose-as-possible.
Rehabilitation inspector shall have final acceptance on patched and painted finishes.
Note 1: The window assembly shall be tested and rated to a minimum Solar Heat Gain
Coeficient of 0.27. A National Fenestration Rating Council label shall be affixed to the
window.
Note 2: Homeowner shall have choice of window frame color.
Note 3: Contractor shall use great care to not disturb interior finishes including window sills
and plaster/drywall window returns.
4.
Painting - Exterior Walls, Fascia, Soffit and Trim
Lot $
2.200
Pressure clean thoroughly with water. Fill all cracks and holes to match average existing
finish, and lightly sand ALL WOOD. Contact the assigned rehabilitation inspector and
request an inspection (24 hour notice to required) Upon inspector's approval, proceed and
apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic exterior grade paint.
Apply masonry grade flat paint on masonry, and semi-gloss wood grade paint on wood
siding and wood trim. Primer and paint shall be of the same manufacturer, Sherwin Williams
or equal. Include all doors, soffit, fascia, porch ceiling, and trim.
Note #1: Paint color choice shall be by owner in accordance with deed restrictions.
homeowner's association, and building code of jurisdiction.
Note #2: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure
complete coverage.
Note #3: Contractor shall comply with manufacturer recommended time intervals between
coats of paint.
Note #4: Contractor shall deliver a smooth full paint coverage over the average substrate
finish. Roller and brush marks. runs, orange peels, and other defective paint application
shall not be accepted.
Note #5: Contractor shall scrape and sand loose paint on the front porch wood beam down
to a sound substrate to assure the new paint will adhere and not continue flaking of paint.
Contractor may use paint remover
Boynton Beach CRA\Sands\Brackell Estimate 9-09-1 Owpd
Page 3 of 4
Description
Qty Bid Amount
5.
Aluminum Hurricane "FOLDING" Shutters
ALL $ 4.800
Install folding (accordion) aluminum hurricane shutters at all windows. The hurricane shutter
system shall satisfy the 2007 Florida Building Code for both impact resistance and pressure
requirements.
The aluminum hurricane folding (accordion) shutter system, with stiffeners if required by
engineering instructions, shall be permanently affixed to the building per manufacturer's
instructions.
Note 1: Contractor shall submit Miami-Dade County or Florida Building Code Notice of
Acceptance, stamped by the Building Department of jurisdiction, with this project's close-out
package.
Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be
patched and touched-up paint shall be applied to match existing finishes as close as
possible. Inspector shall be responsible for determining if the touch-up paint matches.
Note 3: Contractor shall relocate the electrical conduit and timer for the irrigation system
located adjacent to the front door and living room windows and also the light fixture at the
sliding glass doors to accommodate the accordion shutters.
Total Bid Proposal: $ 15.800
Boynton Beach CRA\Sands\Brackett Estimate 9-09-10.wpd Page 4 of 4
East S!de~.VVest Slde".Seas'lde Renaissance
2009/2010
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
RESIDENTIAL IMPROVEMENT GRANT
PROGRAM GUIDELINES
..
~
The following guidelines are Intended to define the extent and scope of the program. The
purpose of the program is to assist income eligible property owners with improving various
exterior elements of their existing residential property The goals of the program are to provide
grant funding for the improvement of the existing housing stock, allow residents to remain in
their properties, and to facilitate and encourage redevelopment activity in the Community
Redevelopment Area through neighborhood stabilization efforts
The following guidelines and requirements are applicable to this program:
1. The program is available only for property located within the Community
Redevelopment Area. See attached Map
2. The program is for existing single family detached residential properties. Rental or
income properties are eligible if there is no outstanding City or County code
enforcement or other liens on the property. Applic~t must supply proof of ownership by
providing a copy of the recorded warranty deed.",
3. The maximum grant amount is $20,000 per residence Any and all funding not
expended under the awarded grant will be released back into the program. Owners of
properties that are not owner occupied must provide a dollar for dollar match to the
amount of CRA funds provided Proof of the ability to match CRA funds must be
submitted with the application package to be eligible for reimbursemen1
4. Owners of rental properties must sign, as part of the application process, an agreement
that the Owner covenants not to increase rents on improved units more than 5% for the
two year period following completion of the improvements and that breach of the
covenant shall require the Owner to refund, on written demand by the Community
Redevelopment Agency, all grant money The Owner's lease agreements shall contain
a notice provision to tenants advising the tenant of the rental rate cap. A copy of the
Owner'8 Notice to Tenant shall be provided to the Community Redevelopment Agency.
5. Eligible improvement items under this program include:
. Roof repair or replacement.
· Roof soffits and fascia repair or replacement.
· Exterior Painting; color to be selected and sample signed off by the homeowner.
· Hurricane shutters or impact rated windows when determined to be more cost
effective by CRA staff.
· Exterior Doors; Door materials to be selected from CRA approved list.
· Landscaping & Irrigation; limited to the front yard only and a $2,500.00 maximum for
landscaping elements. Plant materials to be selected from CRA approved plant list
only
. Repair of existing potable water and lateral sewer lines, exterior of the house only
Residential Improvement Grant Application Revised October 2009
TO rive : Programs&Grants:R IPGrant: R I Papplications&guidleines
6. All program eligible improvements to be addressed are subject to CRA staff approval.
CRA staff may recommend improvements not being requested by the applicant in order
to meet City of Boynton Beach building code or to improve the home's appearance on
the street.
7. All work must be in compliance with applicable Boynton Beach Building Codes and all
contractors must be licensed in Boynton Beach and/or Palm Beach County.
8. Applicants shall not have an income greater than 120% of Palm Beach County median
household income relative to family size. Applicant(s) shall submit most ~ent year's
income tax returns, W-2's, social security statements, etc. to verify income. Any person
residing in the home over the age of eighteen who is not employed, shall complete a .
no-income affidavit. The affidavit shall be submitted with the application. A personal/'
net worth/asset form must also be submitted by the property owner. Applications shall
be rejected if the stated amount of available cash exceeds 1.5 times the amount of the
program's $20,000 grant limit.
9. All applicants shall submit a completed Insurance Disclaimer Form stating that they
have not received any insurance funds to perform work being requested on the grant
application.
10. No work to be covered by CRA grant funds may begin prior to the approval of the grant
application by the CRA Board and execution of grant agreement.
11. Only applications that are complete including any and all required documentation will be
considered for funding. Applicants who fail to provide documentation within four weeks
of it being requested by the Agency will have their application rejected and must re-
apply.
12. The Residential Improvement Grant program may only be used one time in a five year
period for anyone property. Property owners may re-apply for additional grants any time
after five years from date of previous grant approval.
13. All applicants that have been awarded grant funding under the program agree to have
their home as well as themselves photographed for use by the CRA in various
publications including press releases for public media
14. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS
AT THE SOLE DISCRETION OF THE CRA BOARD.
I hereby affirm that I have read, understand and accept the above guidelines as set
forth under the Boynton Beach Community Redevelopment Agency's Residential
Improvement Grant program.
Applicant Signatur ,
Date~ d/ jt)
Date:~/'1 / J ~
I
Applicant Signature:
Residential Improvement Grant Application Revised October 2009
TDrive: Programs&Grants:RIPGrantR IPapplications&guidleines
APPUCA TlON PROCESS FOR RESIDENTIAl. II\fIPROVEMEi\n GRANT PROGRAlilf
An applicant seeking a grant may secure an applicatior from the Boynton 8eacrl
Community Redevelopment Agency located a1
915 S. Federal Highway
Boynton Beach, Fl 33435
561-737-3256
Office hours Monday ..- Friday 8:30 AM to 5:00 PM.
2. Applicant shall obtain, read, and understand all aspects of the Residential Improvement
Grant Program and execute the Grant Agreement.
3. One original application and unbound copies of all materials are to be submitted to CRA
staff and date stamped to document receipt by the CRA staff.
4. Upon receiving all required application documents, CRA staff will determine program
eligibility. Once determined, staff will notify the applicant and prepare an itemized
project specification write-up for contractor bidding. Only program approved contractors
may bid on the grant funded project. After the bid process is completed, CRA staff will
present the applicant and the corresponding bid to the CRA Board for their final
approval and grant award.
5. CRA funds will be paid directly to the contractor(s) providing the improvements upon
completion of work. Verification and approval of completed work shall be conducted by
CRA staff or designee. Any and all building code required permit inspections shall be
conducted by the City of Boynton Beach Building Department
6. Applicant(s) shall not have an outstanding City of Boynton Beach or any other lien
against their property. In the event that an Applicant has an outstanding City of
Boynton Beach lien against the property, the grant will not be awarded until the lien is
satisfied. However, CRA funds may be used to cor~ code violations...Qn. owner
9ccupied propeljies SOIAly ~t the r1iscrAtion of thl? CRA C~JJ. ~..00Jl.
7. All applicant/s shall submit a net wor}t1'statement for all owners and a list of all
properties owned by all applicants. ,/
8. All applicants shall submit a completed Insurance Disclaimer Form stating that they
have not rec~ved any insurance funds to perform work being requested on the grant
application. v
9. All applicants that have been awarded grant funding under the program agree to have
their home as well as themselves photographed for use by the CRA in various
publications including press releases for public media
Residential Improvement Grant Application Revised October 2009
TOrive: Programs&Grants: RIPGranl: R IPapplications&guidleines
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
RESIDENTIAL IMPROVEMENT
GRANT PROGRAM APPLICATION
oatet/4m-
Name/s of Applicant/s:
Applicant Information
, ' f 'It'. '-
It ".. /.. J .
")
Address of Applicantls:
11ft
Please list th~i: na~es> ages an ) relaliOnSh}p 10 applicant: l I," >.
Name: (J . J '- Age:~ Relationship: !;f:tL.4/rfld'?
Name: I,,' r 1", I 'Age&fl RelalionshiP:LV'J-e-'
Name: Age: Relationship:
Relationship:
Name:
Age:
Age:
Relationship:
Name:
Property Information
Property Control Number:D~-13 ~ --C2/.-1 f~ .()&;"7 C-
Is the Property Homesteaded? Yes~ No _
Do the applicants reside in the property to be improved? Yes No
If yes, how long have you lived in the home?
Residential Improvement Grant Application Revised October 2009
TDrive: Programs&Grants:R IPGrantRIPapplications&guidleines
Is the property a rental') Yes 1\io
If yes, is it currently occupied? Yes No
How many rental units are on the property'; _'_'__"__'"
Are there code violations on the property? Yes _._ No _~f
What improvements are you requ~sting to mak7t~ the residence? Please list all
~~&1fiat tit. f~'eh.~~ I d~rfll) J-1LJMd,UH1
CERTIFICATION AND WAIVER OF PRIVACY:
The applicant(s) certifies that all information presented in this application, and all of the
information furnished in support of the application, is given for the purpose of obtaining a grant
under the Boynton Beach Community Redevelopment Agency Residential Improvement
Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The
applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine
and/or imprisonment for making false statements or presenting false information.
I hereby waive my rights under the privacy and confidentiality provision act, and give my
consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors
to examine any confidential information given herein. I further grant permission, and authorize
any bank, employer or other public or private agency to disclose information deemed necessary
to complete this application.
COVENANT AND AGREEMENT TO REPAY GRANT (Rental Properties Only)
Owner covenants and agrees that they will not to increase rents on improved units
more than 5% for the two year period following completion of the improvements and
that breach of this covenant and agreement shall require the Owner to refund, on
written demand by the Community Redevelopment Agency, all grant money. The
Owner's lease agreements shall contain a notice provision to tenants advising the
tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be
provided to the Community Redevelopment Agency.
. , ' pplicant:
D'l/Jdlu '. i /'.6Jz '/
I ~/'" ., 'Signatur~ .'t .) , . . _ -r-+;~.
ivUl!~;~E:(YlIJtI2Y bRi?i!kt ii' _
Print Name: If
Dale ~l~ i I~
Appli~ant:
~f/~
Signature r
C J-/Iv'1Dlv 13 It 4 &K P tT
Print Name: . .
I ~ ' I '
Date: jI:? / , I t/
r ."
Residential Improvement Grant Application Revised October 2009
TDrive: Programs&Grants:R IPGranl: RIPapplications&guidleines
Boynton Beach Community Redevelopment Agency
Residential Improvement Grant Program
Reauired Documentation Needed to Process ADDlication:
1. /Signed and completed Residential Improvement Grant program Application &
Guidelines.
2. JCOpy of recorded warranty deed.
3. .jcopy of current year tax bill.
Q Copy of homeowners insurance declaration pages (wind, liability, etc.) if applicable.
5. Completed Insurance Benefit Disclaimer.
6. /Proof of income eligibility: copy of the most recent year's tax return, social security
earning statement (if applicable), one month's pay stubs and two months bank
statements for all persons over the age of eighteen (18) adults living in the
residence. Any person over 18 years of age who is not earning income shall
execute a statement of no-income form.
If property is a rental, a copy of the last 2 years tax returns of owner.
o
Q)
y
/
Copy of code violation notices, if applicable.
Photos of residence and areas of the home to be improved.
Copies of all current leases if property is a rental.
Proof of financial ability to complete project (rental only). Bank statements, line of
credit, etc are acceptable forms of proof.
11. ~PliCantlS shall submit a net worth statement for all owners and a list of all
properties owned by all applicants.
Residential Improvement Grant Application Revised October 2009
TDrive: Programs&Grants:R IPGrant: RIPapplications&guldleines
Boynton Beach CRA\
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Residential Improvement Grant Application Revised October 2009
TDrive: Programs&Grants:R I PGrant: R IPapplications&guidleines
PALM BEACH COUNTY INCOME GUIDELINES
2009 MEDIAN = $67,600.00
1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons
Extremely Low-
Income 30% $15,840 $18,090 $20,370 $22,620 $24,420 $26,250 $28,050 $29,850
Median
Very Low-
Income $26,400 $30,150 $33,950 $37,700 $40,700 $43,750 $46,750 $49,750
50% Median
Low-Income $42,240 $48,240 $54,320 $60,320 $65,120 $70,000 $74,800 $79,600
80% Median
Moderate
Income $63,360 $72,360 $81,480 $90.480 $97,680 $105,000 $112,200 $119.400
120% Median
As RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION
APRIL 6, 2009.
s::\~oo~ ~~~\SlHlt\IHI~QNJa~\QAA~lt~m,&QfC
~,.",.,.........c,,',";"';"; ~.1.~..';.....~.'...1.........." 30Vl\. IT-ON "..... C RA
ie'~. 3 """Ell:'! C H.
~ East Side~est Side-Seaside Renaissance
eRA BOARD MEETING OF: September14,201O
x I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Approval of funding up to $20,000 from the Residential Improvement Grant (RIP)
Program for Jeanette Sands.
SUMMARY: The Residential Improvement Grant Program was created to assist very low, low and
moderate income eligible homeowners and landlords with properties in the Heart of Boynton
community. The program is focused on exterior renovation of properties with eligible rehabilitation
items such as roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard
landscaping and irrigation.
The RIP grant application for Jeanette Sands, as submitted and reviewed, meets income and property
eligibility criteria set forth in the board approved program guidelines. There is no wavier to the program
guidelines for board consideration. .
FISCAL IMPACT: Up to $20,000 from the Residential Improvement Grant Program: Project
Fund, Line Item 02-58200-406; FY09-1 0 Budget.
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment
Plan.
RECOMMENDA TIONS: Approval of up to $20,000 from the Residential Improvement Grant
Progr: m for Jeanette Sands for the property located at 424 NW 9th Avenue, Boynton Beach, Florida.
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
RESIDENTIAL REHABILITATION SPECIFICATIONS
PROPERTY INFORMATION:
pronerlv Address: 226 NE 7th. Avenue. Bovnton Beach FI. 33435
Contact Person: Jeanette Sands
Contact Phone: (561)7371639
Building Description: Number of bedrooms: I 2 I Number of bathrooms: I 1
Property Control Number: 08434521360000350
CONTRACTOR BID INFORMATION
Total contractor bid for work requested: $-----
Bid submitted by:
Signature: X
The proposed work shall be completed within ~ working days.
Client:
Address:
Boynton Beach Community Redevelopment Agency
915 So. Federal H ,Bo nton Beach, FI. 33435
6/20/10
This Rehabilitation Specifications Work Write Up shall be submitted in its entirety, with the
permit application. It shall fully disclose the scope of work to be performed, permitted and
inspected.
Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach
Redevelopment Corporation with the final pay application.
1. Permit, product approvals, signed and sealed engineering recommendations and
acceptance, stamped by the building department of jurisdiction.
2. One year warranty on all work in the contract as amended by change orders with the
exception of new roof which shall have a 5 year warranty
3. Manufacturer's warranties on all products and appliances installed.
Bid Documents:
Contractor's bid will be based on to total bid price which shall include to total sum of all bid
amounts on all individual specified items.
Lead Based Paint:
This building contains lead based paint therefore interim controls and safe work practices shall be
practiced while performing the scope of work in this single family home rehabilitation project.
Boynton Beach CRA\Sands\Sands Bid Copy 6-20-10.wpd
Page 1 of 5
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
REHABILITATION SPECIFICATIONS
Contractors shall provide all labor, material, equipment. and permits required by the building
department of jurisdiction to perform the following ~ line items:
Description
Qty Bid Amount
1.
Sloped Roof - Shingles
Lot $ 6" I'~ 0
Remove entire sloped roof covering. Replace damaged sheathing, replace / repair
damaged rafters and related roof components. Contractors shall include in their bid
replacing up to 10% of sheathing and rafter/trusses top chords. Damage in excess of
" 10% " of sheathing and rafter/truss top chords shall be addressed in a change order.
ReplaCElment sheathing shall be a minimum 19/32" plywood but may be thicker to match
existing sheathing. In instances where the sheathing is an exposed ceiling, replacement
sheathing shall match existing and may be planks.
All roof sheathing/decking nailing shall be brought up to meet the 2004Florida Building
Code. Existing fasteners may be used to partially satisfy this requirement and additional
nailing shall consist of the required ring shank nails.
Install one (1) layer of ASTM 30 lb. felt paper. Then install 40 year rated quality or equal,
laminated (dimensional) shingle, self sealing, fungus resistant fiberglass shingles, to meet
local building code. Install to code and manufacturer's specifications two (2) Metal
Dome Vents, 144 square inches - Owens Corning VentSure or equal. New 3"x 3" metal
drip edge (see note below) and flashing shall be installed throughout the entire roof system.
The entire new roof system shall conform to building code of jurisdiction.
Note 1: Contractor shall replaCEl deteriorated portions of existing 1"x 2" build-out for the
drip edge at the top of fascia. If no 1"x 2" exists at the top of the fascia, the contractor shall
install all new 1"x 2" primed and painted to match existing fascia color.
Note 2: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall
be with nails placed into the sheathing, roof rafter, truss. or sub-fascia. No fasteners
shall penetrate into the fascia or 1x2 wood drip edge nailer.
Note 3: Owner shall have choice of color.
ATTENTION: Note 4: Plywood sheathing joints shall be covered with a 4"-6" self adhering bitumen
secondary water barrier applied directly to the plywood sheathing. Contractor shall submit
photos of the secondary water barrier when requesting payment for this item.
CAUTION: Contractor shall exercise caution when re-roofing the front porch roof.
Boynton Beach CRA\Sands\Sands Bid Copy 6-20-10.wpd
Page 2 of 5
Description
Qty Bid Amount
2.
Fascia Replacement
Lot
$
11~()t)
Replace deteriorated fascia. A minimum 6 feet must be maintained between joints or
corners which shall be mitered. Fill all nail holes in aU affected wood. seal with caulking the
seams of joints of wood where they meet the soffit and prepare for paint. Apply one
(1)coat of acrylic primer/sealer and two (2) coats of acrylic finish paint to new wood and
existing fascia to match existing fascia paint as close as possible.
Note: Paint the screen molding white to match the soffit.
Locations: Front Porch Overhang - ALL and All Corners
Aluminum Windows
ALL $
~r!fOO
3.
Remove existing windows. Install new aluminum single hung windows with aluminum
framed screen. Bathroom windows shall have obscure glass. Provide modifications to
openings and electric if necessary to accommodate the new windows. If existing window
sills are disturbed, replace with bull nose tile or marble sill(s). Patch affected areas and
touch-up paint to match existing finishes a c1ose-as-possible. Rehabilitation inspector shall
have final acceptance on patched and painted finishes.
Note: Homeowner shall have choice of window frame color.
5.
Aluminum Hurricane "FOLDING" Shutters
ALL $
1/
'-f l :2- < ~l:')
Install folding (accordion) aluminum hurricane shutters at all windows. the front porch door,
and double Florida Room doors. The hurricane shutter system shall satisfy the 2007
Florida Building Code for both impact resistance and pressure requirements.
The aluminum hurricane folding (accordion) shutter system, with stiffeners if required by
engineering instructions. shall be permanently affixed to the building per manufacturer's
instructions.
EXISTING SHADE AWNINGS, DECORATIVE SHUTTERS, and WINDOW SECURITY
BARS: (to be addressed as indicated):
Note 1: Contractor shall submit Miami-Dade County or Florida Building Code Notice of
Acceptance, stamped by the Building Department of jurisdiction. with this project's close-out
package.
Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be
patched and touched-up paint shall be applied to match existing finishes as close as
possible. Inspector shall be responsible for determining if the touch-up paint matches.
Note 3: Contractor shall relocate the electrical conduit and timer for the irrigation system
located adjacent to the front door and living room windows and also the light fixture at the
sliding glass doors to accommodate the accordion shutters.
Boynton Beach CRA\Sands\Sands Bid Copy 6-20-10.wpd
Page 3 of 5
8.
Description
Qty Bid Amount
6.
Drive Well and Deliver an Irrigation Pump System lot $ 0 I'\. -0 D
Drive a well of sufficient pipe diameter and depth then develop the well system to supply
well water to irrigate the property in accordance with health department and departments
of jurisdiction.
Supply and plumb a 230 volt weather resistant 1 W' HP irrigation pump to operate the
irrigation system specified in Line Item 7 in this contract. Fasten the new irrigation pump
to 24"X24" concrete pad a minimum of 8" above the surrounding soil grade. The pump
shall have a weather resistant plastic cover to protect the electric motor. Contractor shall
install new electrical circuitry in conduit to service the irrigation system
7.
II Od 0
Irrigation System lot $
The intent of this specification is to repair the existing irrigation system that is in relatively
good condition and integrate it into water being supplied by the new irrigation well and
pump.
Repair the existing irrigation system and connect it into the new irrigation well and pump.
Repairs shall limited to replacement a maximum of 301ft of irrigation pipe and replacement
of 5 irrigation spray heads. Irrigation system shall have plastic pop-up irrigation heads to
irrigate the new grass sod, hedges, existing, and new trees.
The new sprinkler system shall irrigate the front yard and hedges ending at the back
comers of the house.
(I 0 () t)
Landscape Island - Robellini Trees and Hedges lot $
Create a 240 sqft.landscape island in the front yard. Remove grass, till the soil, and place
plastic edging around the perimeter of the island. Plant two double trunk minumum 5'O"tall
Robellini palm trees, one at each end of the planting island. Plant minumum 18" tall
cocoplum hedges around the perimeter of the planting island 12" inside of the plastic edging.
Place 4" of non-floating mulch on the soil in the planting island.
Modify and re-route the existing irrigation system and add new heads to accommodate the
landscape island and continue to sufficiently irrigate the existing grass.
Total Bid Proposal Items 1 thru 8: $
17, ';OQ
Boynton Beach CRA\Sands\Sands Bid Copy 6-20-10.wpd
Page 4 of 5
ALTERNATE #1
Description
Qty Bid Amount
9.
Painting - Exterior Walls and Trim
Lot
"~I
$ !::;f t Lftfb
Pressure clean with water, fill all cracks and holes. and prepare for paint by scraping off
loose and peeling paint, and light sanding of all the exterior including, fascia, soffit, doors,
garage door, trim, and columns. Contact the assigned rehabilitation inspector and request
for an inspection (48 hour notice to inspect will be made available). Upon an approval given
of pressure cleaning, proceed and apply one (1) coat of acrylic primer/sealer and two (2)
coats of acrylic exterior grade paint. Masonry grade paint or wood grade paint, as
appropriate, shall be applied. Primer and paint shall be of the same manufacturer, Sherwin
Williams or equal. Include all trim and shutters with complete house painting.
Note 1: Contractor shall excavate soil and paint a minimum 6" around the perimeter of the
house below the finish grade.
Note 2: Prior to painting, the contractor shall patch the previously applied "stipple" finish
should it be blown off of the walls during the water pressure cleaning
~rWL
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!\!''i<"""__~~~Ll..;~4~""''-~''.l<,"",,,,,C~~!''
1- lOj, '1 () 0
Boynton Beach CRA\Sands\Sands Bid Copy 6-2D-10.wpd
Page 5 of 5
r:.
RECEIVED
/
u..~qY~T2~ICRA ~OH*.tHtR4l
"EastSide"'WestSide"'SeaSideRenaissance ~ } ld~ t:ltm
2009/2010 c@
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
RESIDENTIAL IMPROVEMENT GRANT
PROGRAM GUIDELINES
The following guidelines are intended to define the extent and scope of the program. The
purpose of the program is to assist income eligible property owners with improving various
exterior elements of their existing residential property. The goals of the program are to provide
grant funding for the improvement of the eXisting housing stock, allow residents to remain in
their properties, and to facilitate and encourage redevelopment activity in the Community
Redevelopment Area through neighborhood stabilization efforts.
The following guidelines and requirements are applicable to this program:
1. The program is available only for property located within the Community
Redevelopment Area. See attached Map.
2. The program is for existing single family detached residential properties. Rental or
income properties are eligible if there is no outstanding City or County code
enforcement or other liens on the property. Applicant must supply proof of ownership by
providing a copy of the recorded warranty deed.
3. The maximum grant amount is $20,000 per residence. Any and all funding not
expended under the awarded grant will be released back into the program. Owners of
properties that are not owner occupied must provide a dollar for dollar match to the
amount of CRA funds provided. Proof of the ability to match CRA funds must be
submitted with the application package to be eligible for reimbursement.
4. Owners of rental properties must sign, as part of the application process, an agreement
that the Owner covenants not to increase rents on improved units more than 5% for the
two year period following completion of the improvements and that breach of the
covenant shall require the Owner to refund, on written demand by the Community
Redevelopment Agency, all grant money. The Owner's lease agreements shall contain
a notice provision to tenants advising the tenant of the rental rate cap. A copy of the
Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency.
5. Eligible improvement Items under this program include:
· Roof repair or replacement.
· Roof soffits and fascia repair or replacement.
· Exterior Painting; color to be selected and sample signed off by the homeowner.
· Hurricane shutters or impact rated windows when determined to be more cost
effective by CRA staff.
· Exterior Doors; Door materials to be selected from CRA approved list.
· Landscaping & Irrigation; limited to the front yard only and a $2,500.00 maximum for
landscaping elements. Plant materials to be selected from CRA approved plant list
only.
· Repair of eXisting potable water and lateral sewer lines, exterior of the house only.
Residential Improvement Grant ApplicatiouRevised October 2009
TDrlve:Programs&Granls:RIPGranl:RIPapplicallons&guldlelnes
6. All program eligible improvements to be addressed are subject to CRA staff approval.
CRA staff may recommend improvements not being requested by the applicant in order
to meet City of Boynton Beach building code or to improve the home's appearance on
the street.
7. All work must be in compliance with applicable Boynton Beach Building Codes and all
contractors must be licensed in Boynton Beach and/or Palm Beach County.
8. Applicants shall not have an income greater than 120% of Palm Beach County median
household income relative to family size. Applicant(s) shall submit most recent year's
income tax returns. W-2's. social security statements, etc. to verify income. Any person
residing in the home over the age of eighteen who is not employed, shall complete a
no-income affidavit. The affidavit shall be submitted with the application. A personal
net worth/asset form must also be submitted by the property owner. Applications shall
be rejected if the stated amount of available cash exceeds 1.5 times the amount of the
program's $20,000 grant limit.
9. All applicants shall submit a completed Insurance Disclaimer Form stating that they
have not received any insurance funds to perform work being requested on the grant
application.
10. No work to be covered by CRA grant funds may begin prior to the approval of the grant
application by the CRA Board and execution of grant agreement.
11. Only applications that are complete including any and all required documentation will be
considered for funding. Applicants who fail to provide documentation within four weeks
of it being requested by the Agency will have their application rejected and must re-
apply.
12. The Residential Improvement Grant program may only be used one time in a five year
period for anyone property. Property owners may re-apply for additional grants any time
after five years from date of previous grant approval.
13. All applicants that have been awarded grant funding under the program agree to have
their home as well as themselves photographed for use by the CRA in various
publications including press releases for public media
14. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS
AT THE SOLE DISCRETION OF THE CRA BOARD.
I hereby affirm that I have read, understand and accept the above guidelines as set
forth under the Boynton Beach Community Redevelopment Agency's Residential
Improvement Grant program.
." \
Applicant Signature:Cf~ ,~C'~.p'\~
Applicant Signature:
Date: SI 2 51 /6
Date:
Residential Improvement Grant Application Revised October 2009
TDrtve:programs&Grants:R1PGranl:RIPappllcallonS&guldlelnes
APPLICATION PROCESS FOR RESIDENTIAL IMPROVEMENT GRANT PROGRAM
1. An applicant seeking a grant may secure an application from the Boynton Beach
Community Redevelopment Agency, located at:
915 S. Federal Highway
Boynton Beach, FL 33435
561-737-3256
Office hours Monday - Friday 8:30 AM to 5:00 PM.
2. Applicant shall obtain, read, and understand all aspects of the Residential Improvement
Grant Program and execute the Grant Agreement.
3. One original application and unbound copies of all materials are to be submitted to CRA
staff and date stamped to document receipt by the CRA staff.
4. Upon receiving all required application documents, CRA staff will determine program
eligibility. Once determined, staff will notify the applicant and prepare an itemized
project specification write-up for contractor bidding. Only program approved contractors
may bid on the grant funded project. After the bid process is completed, CRA staff will
present the applicant and the corresponding bid to the CRA Board for their final
approval and grant award.
5. CRA funds will be paid directly to the contractor(s) providing the improvements upon
completion of work. Verification and approval of completed work shall be conducted by
CRA staff or designee. Any and all building code required permit inspections shall be
conducted by the City of Boynton Beach Building Department.
6. Applicant(s) shall not have an outstanding City of Boynton Beach or any other lien
against their property. In the event that an Applicant has an outstanding City of
Boynton Beach lien against the property, the grant will not be awarded until the lien is
satisfied. However, CRA funds may be used to correct code violations on owner
occupied properties solely at the discretion of the CRA.
7. All applicantls shall submit a net worth statement for all owners and a list of all
properties owned by all applicants.
8. All applicants shall submit a completed Insurance Disclaimer Form stating that they
have not received any insurance funds to perform work being requested on the grant
application.
9. All applicants that have been awarded grant funding under the program agree to have
their home as well as themselves photographed for use by the CRA in various
publications including press releases for public media.
Residential Improvement Grant Application Revised October 2009
TDrlve:Programs&Grants:R1PGrantRIPappllcatlons&guldlelnes
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
RESIDENTIAL IMPROVEMENT
GRANT PROGRAM APPLICATION
/..-, ''-'',''-,
Date: '~:J r d-~ / I (, /
I' I
Applicant Information
Name/s of APPliCantls:-J/U:L-f~et~_.-/ S k to cLs
. "1M' B""'" /1 f\
", , \ { f, " ";, I ' " 1
Address of Applicantls: 1tJ,{L (~, t:, , ' ('-"It L,-,' 'tJtt tv t-mJ QjclAA
Address of Property (if rental):
Phone Number: '1 "-S 1../' t ~/D q
Cell Phone Number:
soci~ ~ur\t\~
/1<ehr~nJ.^t C~
--- /
Tolal Annual Household Income $ ~ '5// i. O-t)~Ji '1'''" 'f1J3> (;/! J.- · .
J I \
t' (,"elk,; t'-";" rf. )
- ~'U 1> /
Please list their names, ages and relationship to applicant:
E-mail:
How many members in your household?
Name:
Age: _ Relationship:
Name:
Age: _ Relationship:
Age: _ Relationship:
Name:
Name:
Age: _ Relationship:
Name:
Age: _ Relationship:
Property Information
Property Control Number:
/
Is the Property Homesteaded? Yes L No_
/
/
Do the applicants reside in the property to be improved? Yes j' No
If yes, how long have you lived in the home? 58" "1 (I-/d
Residential Improvement Grant Application Revised October 2009
TDrive:Programs&Grants:RIPGrantR lPappllcallons&guldlelnes
Is the property a rental? Yes
NO~
If yes, is it currently occupied? Yes _ No _
How many rental units are on the property?
Are there code violations on the property? Yes_
Nod
What improvements are you requesting to make to the residence? Please list all.
roof I W\ n deUJ 5, ey4erl or PlL\f\t:
CERTIFICATION AND WAIVER OF PRIVACY:
The applicant(s) certifies that all information presented in this application, and all of the
information furnished in support of the application, is given for the purpose of obtaining a grant
under the Boynton Beach Community Redevelopment Agency Residential Improvement
Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The
applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine
and/or imprisonment for making false statements or presenting false information.
I hereby waive my rights under the privacy and confidentiality provision act, and give my
consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors
to examine any confidential information given herein. I further grant permission, and authorize
any bank, employer or other public or private agency to disclose information deemed necessary
to complete this application.
COVENANT AND AGREEMENT TO REPAY GRANT (Rental Properties Only)
Owner covenants and agrees that they will not to increase rents on improved units
more than 6% for the two year period following completion of the improvements and
that breach of this covenant and agreement shall require the Owner to refund, on
written demand by the CommunIty Redevelopment Agency, all grant money. The
Owner's lease agreements shail contain a notice provision to tenants advising the
tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be
provided to the Community Redevelopment Agency.
Applicant:
Si~~~ ~s,y
~~vt\-L . CLrJ~
Print Name:
Date:.k/ \ \ \ )'0
Applicant:
Signature
Print Name:
Date:
Residential Improvement Grant Application Revised October 2009
TDrlve:Programs&Granls:RIPGranl:R1Papplicalions&guidlelnes
Boynton Beach Community Redevelopment Agency
Residential Improvement Grant Program
Reauired Documentation Needed to Process ADDlication:
1. vSigned and completed Residential Improvement Grant program Application &
Guidelines.
2. Copy of recorded warranty deed.
3. Copy of current year tax bill. '.' , ' .
. . IL /,t\Oly\eu..un.er~b ~ LU \TIll S tC'i I\'\.
..~.~ Copy of homeowners insurance d~:I.~~~!i~.~.,~~~es_ (wind, liability, etc.) if appliqable.
~/ Completed Insurance Benefit Disclaimer
6.
.4f-propertVls-a tental;-!j copy of tl'ie lasf2 years taxreturns of owner.
7. Copy of code violation notices, if applicable.
~"~hotos 01 reSiden':'~~;;:ea~ ~I the h:m~ be improved.
~ . ......,-,.--".,;'''~;". ."""',',.,'"..;....~..',..."""....,..;'"""',.."""'-"."'..-.."-""'"'.,..,'-"'--...--..,-..... -,..-."'," ,
-S:-'-'-~l ~urrent leases if pi opertyi'S""!j'nmm1.
1 G7'-'~roof-ef fiR8Aoial.-ebility-t-o complete project (renta1-o111yj':-Bank-statements-;-ffi'te-ef"
credit, etc 8re eeecf'teble: terms of-prcrof;
11 v...--(pplicanus shall submit a net worth statement for all owners and a list of all
properties owned by all applicants.
Residential Improvement Grant Application Revised October 2009
TDrive:Programs&Granls:RIPGrant:R IPappllcalions&guldlelnes
Boynton Beach eRA
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TOrlve:Programs&Grants:RIPGrant:RIPapplications&guldlelnes
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1 person 2 person~~+~J:l,~!~~ ,4eer!jons
Extremely Low.
Income 30% $15,840 $18,090 I $20,370 I $22,620
Median ' I
~.~-~,_.. .--- .~_.-~_.
Very low.
Income $26,400 $30,150 $33,950 $37,700
50% Median -
Low-Income $42,240 $48,240 $54,320 $60,320
80% Median
Moderate
Income $63,360 $72,360 $81 ,480 $90,480
120% Median
~---_.~-
PALM BEACH COUNTY INCOME GUIDELINES
2009 MEDIAN = $67,600.00
TS-
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I $
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_'m_.__n_. roo-- _____.____.~___.___ - _..0- -~---.^
persons 6 persons 7 persons 8 persons
$24,420 $26.250 $28,050 $29,850
,- ----.
40,700 $43,750 $46,750 $49,750
.,--. _..,~
65,120 $70,000 $74,800 $79,600 J
-, .---,- $1 "'400J
97,680 $105,000 $112,200
_~._m___'__._'__ ------ - -.---- .l.-__...._..
j $
As RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION
APRIL 6, 2009.
:$::\COO\m'Uflllly ~t()'i'emef\l\~\~~\~\Or!IA~l ~,*,~~
c i'{~~Y~Te~ICRA
. East Side-West S"lde-Seaside Renaissance
eRA BOARD MEETING OF: September14,2010
I x I Consent Agenda I
Old Business
New Business
Public Hearing
I Other
SUBJECT: Approval of funding up to $20,000 from the Residential Improvement Grant (RIP)
Program for McKinley Miller.
SUMMARY: The Residential Improvement Grant Program was created to assist very low, low and
moderate income eligible homeowners and landlords with properties in the Heart of Boynton
community. The program is focused on exterior renovation of properties with eligible rehabilitation
items such as roof repair or replacement, exterior painting, hurricane shutters, exterior doors, front yard
landscaping and irrigation.
The RIP grant application for McKinley Miller, as submitted and reviewed, meets income and property
eligibility criteria set forth in the board approved program guidelines. There is no wavier to the program
guidelines for board consideration. .
FISCAL IMPACT: Up to $20,000 from the Residential Improvement Grant Program: Project
Fund, Line Item 02-58200-406; FY09-10 Budget.
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment
Plan.
RECOMMENDATIONS: Approval of up to $20,000 from the Residential Improvement Grant
Program for McKinley Miller for the property located at 424 NW 9th A venue, Boynton Beach, Florida.
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
RESIDENTIAL REHABIUT ATION SPECIFICATIONS
PROPERTY INFORMATION:
Prooertv Address: 559 NW 12th. Avenue Bovnton Beach. FI. 33435
Contact Person: McKinley Miller
Contact Phone: (561) 715 1555
Building Description: Number of bedrooms: I 2 I Number of bathrooms: I 1
Property Control Number: 0843 45 21 14 000 4630
CONTRACTOR BID INFORMATION
Total contractor bid for work requested: $
Bid submitted by:
Signature: X
The proposed work shall be completed within ~ working days.
Client: Boynton Beach Community Redevelopment I Date: I 6/30/10
Address: 915 So. Federal Hwy, Boynton Beach, FI. 33435
This Rehabilitation SDecifications Work Write UD shall be submitted in its entirety, with the
permit application. It shall fully disclose the scope of work to be performed, permitted and
inspected.
Final Pay Application and Project Close-Out: The contractor shall submit to the Boynton Beach
Redevelopment Corporation with the final pay application,
1. Permit, product approvals, signed and sealed engineering recommendations and
acceptance, stamped by the building department of jurisdiction,
2. One year warranty on all work in the contract as amended by change orders with the
exception of new roof which shall have a 5 year warranty
3. Manufacturer's warranties on all products and appliances installed,
Bid Documents:
Contractor's bid will be based on to total bid price which shall include to total sum of all bid
amounts on all individual specified items,
Lead Based Paint:
This building contains lead based paint therefore interim controls and safe work practices shall
be practiced while performing the scope of work in this single family home rehabilitation project.
Boynton Beach eRA \Filth Release\Miller\ln-House Estimate Write-Up 9-09-10, wpd
Page 1 of 6
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
REHABIUT ATION SPECIFICATIONS
Contractors shall provide all labor, material, equipment, and permits required by the building
department of jurisdiction to perform the following ~ line items:
Description
Qty Bid Amount
1. Low Sloped Roof - Shingles on Main House Lot $ 5.000
Remove entire low slope roof covering. Replace damaged sheathing, replace / repair
damaged rafters and related roof components. Contractors shall include in their bid
replacing up to 10% of sheathing and rafter/trusses top chords. Damage in excess of
II 10% II of sheathing and rafter/truss top chords shall be addressed in a change order.
Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match
existing sheathing. In instances where the sheathing is an exposed ceiling, replacement
sheathing shall match existing and may be planks.
All roof sheathing/decking nailing shall be brought up to meet the 2007 Florida Building
Code. Existing fasteners may be used to partially satisfy this requirement and additional
nailing shall consist of the required ring shank nails.
Install two (2) layers of ASTM 30 lb. felt paper. Then install 40 year rated quality or equal,
laminated (dimensional) shingle, self sealing, fungus resistant fiberglass shingles, to meet
local building code. Install to code and manufacturer's specifications two (2) Metal
Dome Vents, 144 square inches - Owens Corning VentSure or equal. New 3"x 3"
metal drip edge (see note below) and flashing shall be installed throughout the entire roof
system. The entire new roof system shall conform to building code of jurisdiction.
Note 1: Contractor shall submit an affidavit to Palm Beach County Housing & Community
Development to the affect that the sheathing/decking nail fastening specification described
in this line item has been met.
Note 2: Contractor shall replace deteriorated portions of existing 1 "x 2" build-out for the
drip edge at the top of fascia. If no 1 "x 2" exists at the top of the fascia, the contractor
shall install all new 1 "x 2" primed and painted to match existing fascia color.
Note 3: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall
be with nails placed into the sheathing, roof rafter, truss, or sub-fascia. No fasteners
shall penetrate into the fascia or 1 x2 wood drip edge nailer.
Note 4: This item will have a mandatory inspection with the rehabilitation inspector.
Note 5: Owner shall have choice of color.
Note 6: One 36" layer of self adhering modified underlayment shall be placed above
flashing in all valleys.
Note 7: Plywood sheathing joints shall be covered with a 4"-6" self adhering bitumen
secondary water barrier applied directly to the plywood sheathing. Contractor shall submit
photos of the secondary water barrier when requesting payment for this item.
ATTENTION: The front porch roof is less than 400 sqft. It has exposed roof joists and
the underside of the sheathing is also exposed; therefore, the contractor shall use 3/4"
roofing nails to secure the tin tags.
Boynton Beach CRA\Fifth Release\Miller\ln.House Estimate Write-Up 9-09.10,wpd
Page 2 of 6
Description
Qty Bid Amount
2. Very Low Slope Cap Sheet Roof w/ Slope Roof Transition Lot $ 1.500
Remove entire roof covering over carport. Replace damaged sheathing, repair/replace
damaged rafters and related roof components. The contractor shall include in his bid the
potential of replacing deteriorated sheathing up to 10% of the roof area. Sheathing
damage in excess of 10% and severe rafter damage shall be addressed in a change
order. Prepare existing roof sheathing and nailing per building code. Replacement
sheathing shall be a minimum 19/32" plywood but may be thicker to match existing
sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing
shall match existing and may be planks.
All roof sheathing/decking nailing shall be brought up to meet the 2007 Florida Building
Code. Existing fasteners may be used to partially satisfy this requirement and additional
nailing shall consist of the required ring shank nails. Plywood sheathing joints shall be
covered with a secondary water barrier.
Place 16" wide, 26 gauge ,valley sheet metal along the length of transition from the
shingles roof into the new flat deck roof. Install a 4 ply built up roof system consisting of
75# fiberglass base sheet, 3 plys of hot mopped fiberglass finishing with a hot mopped
mineral surfaced modified fiberglass cap sheet. New 3"x 3" metal drip edge (see note
below) and flashing shall be installed throughout the entire roof system. The entire new
roof system shall conform to building code of jurisdiction.
Note 1: Contractor shall submit an affidavit to Palm Beach County Housing & Community
Development to the affect that the sheathing/decking nail fastening specification described
in this line item has been met.
Note 2: Contractor shall replace deteriorated portions of existing 1 "x 2" build-out for the
drip edge at the top of fascia. If no 1 "x 2" exists at the top of the fascia, the contractor
shall install all new 1 "x 2" primed and painted to match existing fascia color.
Note 3: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall
be with nails placed into the sheathing, roof rafter, truss, or sub-fascia. No fasteners shall
penetrate into the fascia or 1 x2 wood drip edae nailer.
Note 4: This item will have a mandatory inspection with the rehabilitation inspector.
Note 5: Hot mopped tar overlapping cap sheet and flashing shall have the cap sheet
mineral granules spread on the tar to protect it from UV (Sun) damage.
Note 6: Plywood sheathing joints shall be covered with a 4"-6" self adhering bitumen
secondary water barrier applied directly to the plywood sheathing. Contractor shall submit
photos of the secondary water barrier when requesting payment for this item.
ATTENTION: This very low slope roof is less than 400 sqft. It has exposed roof joists and
the underside of the sheathing is also exposed; therefore, the contractor shall use 3/4"
roofing nails to secure the tin tags. "Prior to hot mopping" the contractor shall spray the
tin-tags and valley sheet metal with asphalt primer from aerosol spray cans.
Boynton Beach CRA\Filth Release\Miller\ln-House Estimate Write-Up 9-09-10, wpd
Page 3 of 6
Description
Qty Bid Amount
3. Fascia Replacement ALL $ 600
Replace ALL fascia and the first (south) roof joist. A minimum 6 feet must be maintained
between joints or corners which shall be mitered. Fill all nail holes in all affected wood,
seal with caulking the seams of joints of wood where they meet the soffit and prepare for
paint.
Locations: All Fascia and the First (South) Joist on the Carport Roof
4. Soffit Replacement- Soffit Screen Vents Lot $ 150
Replace deteriorated soffit at the electrical riser mast to the next joint or minimum 6 feet.
Fill all nail holes and seal with caulking the seams of joints and where they meet the soffit
and prepare for paint. Apply one (1) coat of acrylic primer/sealer and two (2) coats of
acrylic finish paint the new wood to match existing soffit paint as close as possible.
Replace soffit venting to match existing.
Replace and soffit screen vent at the electrical riser mast and also on the fascia on west
side of the house.
Note: Contractor shall fasten loose fascia.
5. Install Steel Structural Columns - Front Porch 2 $ 800
Remove the two wood columns a the front porch and install steel structural columns with
saddle on top to accommodate fastening to the porch's structural framing. Fastening of
the bottom the of column shall be in accordance with the building code of jurisdiction.
Note 1: Prior to removing columns, the contractor shall install shoring and bracing to
prevent potential harm to workmen and inhabitants and prevent damage to the structure.
Note 2: Touch-up paint affected finishes resulting from the replacement of the columns
to match existing as close as possible. Inspector shall be responsible for determining if
the touch-up paint matches as close as possible.
6.
Re-Install Wall AlC Unit
Lot
$ 500
Remove existing AlC unit from east bedroom window. Create opening as high as possible
and re-install the existing AlC unit. Patch exterior with stucco and caulk as necessary for
proper seal and water tight installation. Patch interior with drywall to match the average
finish of the walls. Provide trim molding for interior. Paint all affected areas to match
existing as close as possible. Installation, electrical circuitry, and electrical device for this
item shall be included and comply with building code of jurisdiction.
7. Impact Resistant Exterior Doors 2 $ 1.500
Remove the existing front and carport doors and jambs, prepare a sufficient door bucks,
and install a hurricane impact resistant rated pre-hung metal clad six (6) panel doors.
Patch to match interior and exterior walls, install new interior wood casing and exterior
wood brick mold. Prepare new door assembly for painting by washing with TSP and a
light sanding.
Boynton Beach CRA\Fifth Release\Miller\ln-House Estimate Write-Up 9-09-10.wpd
Page 4 of 6
Description
Qty Bid Amount
Door installation shall include keyed entry lockset with lever handle both sides: "Schlage",
Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the
lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum
threshold.
Note 1: Touch-up paint affected finishes resulting from the replacement of the door(s). to
match existing as close as possible. Inspector shall be responsible for determining if the
touch-up matches as close as possible.
Note 2: Contractor shall submit Impact Resistant Rated Dade County or Florida Building
Code NOA's, stamped by the Building Department of jurisdiction, with this Project's close-
out package.
8.
Aluminum Windows
ALL $ 2,500
Remove existing windows. Install new aluminum single hung windows with aluminum
framed screen. Bathroom windows shall have obscure glass. Provide modifications to
openings and electric if necessary to accommodate the new windows. If existing window
sills are disturbed, replace with bull nose tile or marble sill(s). Patch affected areas and
touch-up paint to match existing finishes a c1ose-as-possible. Rehabilitation inspector
shall have final acceptance on patched and painted finishes.
Note 1: Homeowner shall have choice of window frame color,
Note 2: Three window returns have poor stucco patches. The contractor shall chip the
stucco patches and smooth them with stucco to match the average finish of window
returns,
9. Aluminum Hurricane Panel Shutters ALL $ 1,500
Install aluminum hurricane shutters at all windows. The hurricane shutter system shall
satisfy the 2007 Florida Building Code for both impact resistance and pressure
requirements.
The aluminum hurricane shutter panel system, with stiffeners if required by engineering
instructions, shall have aluminum channels permanently affixed to the building per
manufacturer's instructions. Shutters shall be marked in permanent ink corresponding to
matching window(s) and/or door(s).
Shutters shall be completely installed for the rehabilitation inspector's inspection, then
removed and stored at a location indicated by the owner. Miscellaneous parts shall be
stored in a sealed container and delivered to the owner at the project close-out.
Note 1: Contractor shall submit Dade County Product approvals, stamped by the
Building Department of jurisdiction, with this Project's close-out package,
Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be
patch and touch-up paint shall be applied to match existing finishes as close as possible,
Inspector shall be responsible for determining if the touch-up paint matches.
Boynton Beach CRA \Fifth Release\Miller\ln-House Estimate Write-Up 9-09-1 O,wpd
Page 5 of 6
Description
Qty Bid Amount
10. Paint Exterior Lot $ 2.000
Pressure clean thoroughly with water. Remove caulking from the expansion/contraction
cracks in the stucco. Fill all cracks in the stucco with an elastomeric patching sealant
"PIN-LOCK" or pre-approved equal. Patch and holes to match average existing finish,
and lightly sand ALL WOOD. Contact the assigned rehabilitation inspector and request
an inspection (24 hour notice to required) Upon inspector's approval, proceed and apply
two (2) coats of elastormeric paint for masonry application, "Behr Elastomeric", or pre-
approved equal. Apply one (1) coat of acrylic primer/sealer and two (2) coats of semi-
gloss wood grade paint on exterior doors, wrought iron, and wood trim. Primer/sealer and
paint shall be of the same manufacturer.
ATTENTION: Contractor shall scrape loose and flaking paint from the gable ends after
water pressure cleaning to provide a sound substrate for priming and painting.
Note #1: Paint color choice shall be by owner in accordance with deed restrictions,
homeowner's association, and building code of jurisdiction. Paint shall be limited to two
colors.
Note #2: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure
complete coverage.
Note #3: Contractor shall comply with manufacturer recommended time intervals between
coats of paint.
Note #4: Contractor shall deliver a smooth full paint coverage over the average substrate
finish. Roller and brush marks, runs, orange peels, and other defective paint application
shall not be accepted.
Note #5: Masonry surfaces painted with a spray applicator shall be back-rolled to ensure
complete coverage. Contractor shall excavate and extend wall painting a minimum of 6"
below grade at masonry wall perimeter
Note #6: Contractor shall cover fill cracks in stucco with an elastomeric patching sealant
in accordance with manufacturer's recommendations prior to painting two coats of
elastomeric paint.
Total Bid Proposal: $ 16.050
Boynton Beach CRA\Fifth Release\Miller\ln-House Estimate Write-Up 9-09-10,wpd Page 6 of 6
3QYNTON ~~/
.&.3 tACH C~/v~
_ East Sid,-W,s,s-,d,-",,,d, R,n"",nte 8~ ':': PJ
2009/2010 0., 8€4 . ~ I( I)/iJj
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 'CH ('~rr. I \ :'1~'
RESIDENTIAL IMPROVEMENT GRANT . 1'y"
PROGRAM GUIDELINES
The following guidelines are intended to define the extent and scope of the program. The
purpose of the program is to assist income eligible property owners with improving various
exterior elements of their existing residential property, The goals of the program are to provide
grant funding for the improvement of the existing housing stock, allow residents to remain in
their properties, and to facilitate and encourage redevelopment activity in the Community
Redevelopment Area through neighborhood stabilization efforts
The following guidelines and requirements are applicable to this program:
1, The program is available only for property located within the Community
Redevelopment Area. See attached Map
2. The program is for existing single family detached residential properties, Rental or
income properties are eligible if there is no outstanding City or County code
enforcement or other liens on the property. Applicant must supply proof of ownership by
providing a copy of the recorded warranty deed
3, The maximum grant amount is $20,000 per residence, Any and all funding not
expended under the awarded grant will be released back into the program, Owners of
properties that are not owner occupied must provide a dollar for dollar match to the
amount of CRA funds provided. Proof of the ability to match CRA funds must be
submitted with the application package to be eligible for reimbursement.
4, Owners of rental properties must sign, as part of the application process, an agreement
that the Owner covenants not to increase rents on improved units more than 5% for the
two year period following completion of the improvements and that breach of the
covenant shall require the Owner to refund, on written demand by the Community
Redevelopment Agency, all grant money, The Owner's lease agreements shall contain
a notice provision to tenants advising the tenant of the rental rate cap. A copy of the
Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency
5, Eligible improvement items under this program include:
. Roof repair or replacement.
. Roof soffits and fascia repair or replacement.
. Exterior Painting; color to be selected and sample signed off by the homeowner.
. Hurricane shutters or impact rated windows when determined to be more cost
effective by CRA staff,
. Exterior Doors; Door materials to be selected from CRA approved list.
. Landscaping & Irrigation; limited to the front yard only and a $2,500.00 maximum for
landscaping elements, Plant materials to be selected from CRA approved plant list
only,
. Repair of existing potable water and lateral sewer lines, exterior of the house only,
Residential Improvement Grant Application Revised October 2009
TDrive. programs&Grants. R IPGrant: R I Papplications&guidleines
6. All program eligible improvements to be addressed are subject to CRA staff approval.
CRA staff may recommend improvements not being requested by the applicant in order
to meet City of Boynton Beach building code or to improve the home's appearance on
the street.
7. All work must be in compliance with applicable Boynton Beach Building Codes and all
contractors must be licensed in Boynton Beach and/or Palm Beach County.
8. Applicants shall not have an income greater than 120% of Palm Beach County median
household income relative to family size. Applicant(s) shall submit most recent year's
income tax returns, W-2's, social security statements, etc. to verify income. Any person
residing in the home over the age of eighteen who is not employed, shall complete a
no-income affidavit. the affidavit shall be submitted with the application. A personal
net worth/asset form must also be submitted by the property owner. Applications shall
be rejected if the stated amount of available cash exceeds 1.5 times the amount of the
program's $20,000 grant limit.
9. All applicants shall submit a completed Insurance Disclaimer Form stating that they
have not received any insurance funds to perform work being requested on the grant
application.
10. No work to be covered by CRA grant funds may begin prior to the approval of the grant
application by the CRA Board and execution of grant agreement.
11. Only applications that are complete including any and all required documentation will be
considered for funding. Applicants who fail to provide documentation within four weeks
of it being requested by the Agency will have their application rejected and must re-
apply.
12. The Residential Improvement Grant program may only be used one time in a five year
period for anyone property. Property owners may re-apply for additional grants any time
after five years from date of previous grant approval.
13. All applicants that have been awarded grant funding under the program agree to have
their home as well as themselves photographed for use by the CRA in various
publications including press releases for public media
14. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS
AT THE SOLE DISCRETION OF THE CRA BOARD.
I hereby affirm that I have read, understand and accept the above guidelines as set
forth under the Boynton Beach Community Redevelopment Agency's Residential
Improvement Grant program.
",
Applicant Signature: rilg KUJ 1- -rru/lJ1J
Applicant Signature:
Date:~ I Jj 2J/O
,
Date:
Residential Improvement Grant Application Revised October 2009
TDrlve: Programs&Grants:RIPGrant: RIPapplications&guidleines
APPLICATION PROCESS FOR RESIDENTIAL IMPROVEMENT GRANT PROGRAM
1, An applicant seeking a grant may secure an application from the Boynton Beach
Community Redevelopment Agency, located at
915 S. Federal Highway
Boynton Beach, FL 33435
561-737-3256
Office hours Monday - Friday 8:30 AM to 5:00 PM,
2. Applicant shall obtain, read, and understand all aspects of the Residential Improvement
Grant Program and execute the Grant Agreement.
3. One original application and unbound copies of all materials are to be submitted to CRA
staff and date stamped to document receipt by the CRA staff,
4, Upon receiving all required application documents, CRA staff will determine program
eligibility. Once determined, staff will notify the applicant and prepare an itemized
project specification write-up for contractor bidding. Only program approved contractors
may bid on the grant funded project. After the bid process is completed, CRA staff will
present the applicant and the corresponding bid to the CRA Board for their final
approval and grant award.
5. CRA funds will be paid directly to the contractor(s) providing the improvements upon
completion of work, Verification and approval of completed work shall be conducted by
CRA staff or designee. Any and all building code required permit inspections shall be
conducted by the City of Boynton Beach Building Department.
6. Applicant(s) shall not have an outstanding City of Boynton Beach or any other lien
against their property. In the event that an Applicant has an outstanding City of
Boynton Beach lien against the property, the grant will not be awarded until the lien is
satisfied. However, CRA funds may be used to correct code violations on owner
occupied properties solely at the discretion of the CRA,
7. All applicantls shall submit a net worth statement for all owners and a list of all
properties owned by all applicants,
8. All applicants shall submit a completed Insurance Disclaimer Form stating that they
have not received any insurance funds to perform work being requested on the grant
application.
9. All applicants that have been awarded grant funding under the program agree to have
their home as well as themselves photographed for use by the CRA in various
publications including press releases for public media,
Residential Improvement Grant Application Revised October 2009
TOrive: prog rams&Grants:RIPGrant:R IPapplications&guidleines
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
RESIDENTIAL IMPROVEMENT
GRANT PROGRAM APPLICATION
d
Date: ~ 1.1/ V ~
I
Applicant Information
Name/s of Applicantls: 111 [; 1f ;;" ~ rrulLvz J
Address of Applicantls: )')'! n ~ W - I'L r::t./lb
Address of Property (if rental):
Phone Number/S- (P I) 7:5 r7 -- 9 .tp Cf I
Cell Phone Number: ~II /7715 -I ~ ~ er-
E-mail: '1(j~ 3 I () I (p 7 ~ g~ ~ neT
Total Annual Household Income $ 32-, (p :33
How many members in your household? /
Please list their names, ages and relationship to applicant:
Name:
Age:
Relationship:
Name:
Age: _ Relationship:
Name:
Age:
Age:
Relationship:
Name:
Relationship:
Name:
Age: _ Relationship:
Property Information
Property Control Number: D ~ 43 II 1'+ 600 40:6 ()
Is the Property Homesteaded? Yes..iL. No
Do the applicants reside in the property to be improved? Yes L.. No
If yes, how long have you lived in the home? f 9
Residential Improvement Grant Application Revised October 2009
TDrive:Programs&Grants:RIPGrant:RIPapplications&guidleines
Is the property a rental? Yes
No v
If yes, is it currently occupied? Yes _ No
How many rental units are on the property?
Are there code violations on the property? Yes _ No ~
What improvements are you requesting to make to the residence? Please list all.
L1- ~!? /e:.a-n e S h tt Tr cr-6 I 'cL in IS
p. L
CERTIFICATION AND WAIVER OF PRIVACY:
The applicant(s) certifies that all information presented in this application, and all of the
information furnished in support of the application, is given for the purpose of obtaining a grant
under the Boynton Beach Community Redevelopment Agency Residential Improvement
Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The
applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine
and/or imprisonment for making false statements or presenting false information.
I hereby waive my rights under the privacy and confidentiality provision act, and give my
consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors
to examine any confidential information given herein, I further grant permission, and authorize
any bank, employer or other public or private agency to disclose information deemed necessary
to complete this application.
COVENANT AND AGREEMENT TO REPAY GRANT (Rental Properties Only)
Owner covenants and agrees that they will not to increase rents on improved units
more than 5% for the two year period following completion of the improvements and
that breach of this covenant and agreement shall require the Owner to refund, on
written demand by the Community Redevelopment Agency, all grant money. The
Owner's lease agreements shall contain a notice provision to tenants advising the
tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be
provided to the Community Redevelopment Agency.
Applicant:
....-
m~t - ~
Si9-;;'t~~ JIY11 J
111 c 71.' /11 Le Y Yn i-Lc..er
Prinfl\iame: I
Date: ~ / Jf 2-JJ! 0
t
Applicant:
Signature
Print Name:
Date:
Residential Improvement Grant Application Revised October 2009
TDrive: Programs&Grants:RI PGrantR IPapplications&guidleines
Boynton Beach Community Redevelopment Agency
Residential Improvement Grant Program
~
Reauired Documentation Needed to Process ADDlication:
Signed and completed Residential Improvement Grant program Application &
Guidelines.
~
~
Copy of recorded warranty deed.
Copy of current year tax bill.
~
Copy of homeowners insurance declaration pages (wind, liability, etc.) if applicable.
. Completed Insurance Benefit Disclaimer.
h~Of of inc~gibility: copy of the most recent year's tax~social security
earning statement (if apP!~able), one month's pay stubs ancCwo months bank
MtlJ..I ~t>' 0 statements for all persons ver the age of eighteen (18) adults living in the
JEEP~ l.)~E: ,?O\oresidence. Any person ov~r 18 years of age who is not earning income shall
execute a statement of nO-Income form.
,.Lf prs\9crty is ~ r,::>nt;::) I , a copy of the I;::)!:;t ? years tax returns of OWRer.
/' Copy of code violation notices, if applicable.
,< Photos of residence and areas of the home to be improved.
9. Copies OT all currt::lltlcc::\;:)e& if property is a lellt!1.
10. F'ro?f of financial ability tu complete proJect (rental only). Bank statements, IiI Ie sf-
credit, erc are acceptable Torms of proof.
11. Applicantls shall submit a net worth statement for all owners and a list of all
properties owned by all applicants.
Residential Improvement Grant Application Revised October 2009
TDrive:Programs&Grants :RIPGrant: RIPapplications&guidleines
Boynton Beach eRA
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Residential Improvement Grant Application Revised October 2009
TDrive:Programs&Grants: RIPGrant: RIPapplications&guidleines
PALM BEACH COUNTY INCOME GUIDELINES
2009 MEDIAN = $67,600.00
1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons
Extremely Low-
Income 30% $15,840 $18,090 $20,370 $22,620 $24,420 $26,250 $28,050 $29,850
Median
Very Low-
Income $26,400 $30,150 $33,950 $37,700 $40,700 $43,750 $46,750 $49,750
50% Median
Low-Income $42,240 $48,240 $54,320 $60,320 $65,120 $70,000 $74,800 $79,600
80% Median
Moderate
Income $63,360 $72,360 $81 ,480 $90,480 $97,680 $105,000 $112,200 $119,400
120% Median
As RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION
APRIL 6, 2009.
S::\COO'illf'li1il!Jif1l~ Il!\j'il!P'l'<)N~I'I',\~~~\~f'\~M'd\h"\OHIA~t m-~,&<Yc
1I!~~<tY~T8~lC
. East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: September 14, 2010
x I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Procurement Purchase Orders
SUMMARY:
Attached is the procurement purchase order report for August 2010.
FISCAL IMPACT:
See attached
CRA PLAN, PROGRAM OR PROJECT: None
RECOMMENDA TIONS: Approve the procurement purchase order report for August 2010.
TIAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Kern Request Forms by MeetinglFY 2009 - 2010 Board MeetingsI09-14-10\Purchases Less Than
$25,OOQ,doc
Boynton Beach eRA
Procurement Purchase Order Report
Month: September 2010
Vendor I Amount I Funding Source I Description
Oceanbreeze West - Conceptual design and
REG Architects $ 10,000 ProJect Fd 02-58100 feasibility study to include plans, rendering
budgets, schedule for review/approval
Ruth Jones Cottage (1) prepare traffic
performance statement for County (2) prepare
drainage statement (3) prepare onsite paving,
REG Architects $ 20,500 Project Fd, 02-58100 drainage, sewer plans (4) prepare water and
wastewater plans (5) prepare permit applications
(6) landscape and irrigation plans (7) prepare and
submit P&Z applications
Sanson Kline $ 20,000 General Fd, 01-51420 Audit Services
"n" --~-
T\FINANCE\PROCUREMENT\Monthly Procurement Report to Board\Monthly Procurement Report - Sept 2010
'Ii ~ ~~Y~T8~ Ie RA
ill East Side-West Side- Seas'lde Renaissance
eRA BOARD MEETING OF: September 14,2010
I I Consent Agenda I
Old Business I I New Business I I Public Hearing I X I Other
SUBJECT: CRA Policing Activity Report for the Month of August, 2010 and District Stats for
Months of July/August 2010. (Info.Only)
SUMMARY: Monthly report, providing activity and data on Crime in the CRA District:
Julv 2010:
Crimes - 52
Arrests - 2
Calls for Service - 1428
AU2ust 2010:
Crimes - 49
Arrests - 8
Calls for Service - 1348
FISCAL IMPACT: Cost budgeted in FY 2009-2010 from Project Fund 02-58500-460
CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations
RECOMMENDATIONS: Info. Only
Boynton Beach Police Department
Year-lo-Date Crime Comparison Report
2009 I 2010
CRA District
AUGUST 2010
CRIMES
Aug-10 Aug-09 + I - Jul-10 + I- V-T-D V-T-D + I -
2010 2009
Criminal Homicide 0 0 0 0 0 0 1 -1
Sexual Offense 0 0 0 0 0 0 4 -4
Robbery 1 7 -6 3 -2 31 35 -4
Aggravated Assault 10 3 7 7 3 49 53 -4
Burglary 9 15 -6 13 -4 108 124 -16
Larcenv 29 14 15 27 2 263 260 3
Auto theft 0 2 -2 2 -2 14 25 -11
TOTAL 49 41 8 52 -3 465 502 -37
CL....li. .JlIIItT
Aug-10 Aug-09 I Jul-10 I V-T-D V-T-D + I
+ - + - -
2010 2009
C,' -., . . " ,,- It 0 0 0 0 0 0 1 -1
0 0 0 0 0 0 0 0
I- ., . 1 0 1 0 1 10 8 2
4 0 4 1 3 17 25 -8
i 0 0 0 1 - 1 1 1 16 -5
Il 3 2 1 0 3 35 52 -1 7
~ 0 0 0 0 0 2 23 -21
8 2 6 2 6 75 125 -50
Aug-10
Aug-09
+ 1-
Jul-10
+ 1-
V-T-D
2010
11412
V-T-D
2009
12820
+ 1-
1348
1647
-299
1428
-80
-1408
9/7/2010
MONTH: AUGUST 2010
eRA Police Team
MONTHL Y ACTIVITY REPORT
08/02/2010
. ..kllli$t_ rQ_,.cllwi1l tNmet6)Q$ calls fol' s.~.
- Traffic enforcement thr9u~hout the entire distrret
- lJoTUtMOOUS e.......W;ts ~..)Jgtot~
. FDlE, U.s. M.att&"aB,d the CA.T ]:~ ~.ap~a viQWat 1D~ s~ect iirom
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.. Exeeuteli a soaFell W~ at 145 N. Pab DJrive.
· lleeoveree: 1"." .,..' 8f~.
- PaCirol1~d me emite. eM D:istriet in vebides
- Assisted roalfpatteiwitk ntmteroos calls f{)r service.
. Traffic enfercement throughout the e1\twe district
- Numereus controlled drug buys within the Heat of Boynton
-Officers previded security fer the Small Business Development Program
- Extra patrels at Intracoastal Park, Boat Club Park. Mangrove Park. Marina Village, under the Ocean Ave
Bridge, Pence Park, Sara Sims Park, 100 NE and NW lOth Ave, Las Ventanas, Pence Park and the CRA Office
'"
-/
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,
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'h , ~~"4',,~Ji"
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;f,"'g,,-
~_,-.",<It/II,~"" ~.~ ~, - - - ~
Theresa Utterback advised that he,
his brother and parents should
attend the CRA Board Meeting on
Is very important to he and his 8/1 0/1 0 to let the Board know they
brother. It is the only are unhappy that the trolley may be
transportation to get around discontinued. I also let Devin
Call to CRA because their parents work. Use it know his complaint would be
8/4/2010 Office Devin Fuller 561-654-5458 to go to library. logged on the CRA Comment Log
Needs the trolley to get around
town especially during the
summer heat. The bus stop is too Theresa Utterback advised that she
far of walk for her. She uses the may also attend the CRA Board
trolley to get to work. It is a very Meeting on 8/1 0/1 0 to voice her
Call to CRA important service to the disappointment about the trolley
8/4/2010 Office Madeline Landesman 733-9005 community. being discontinued.
8/5/2010
Call to CRA
Offi ce
She uses the trolley in
conjunction with the bus, She
lives in Boynton Beach and relies
on it to get to Walmart for
shopping
Georgette Lecoin
954-549-9925
8/'i20 10
Call to CRA
Office
The bus system is very poor so
she relies on the trolley, The
trolley takes her everywhere she
needs to go in her area, Even a
fee to ride the trolley would be
good. She moved to Quantum
Lake to be able to use the trolle)<
and tri raiL She will be cmil1lin,E
the Mayor. Comm, Hay &
Comm l'iolzman She \vll\ 11\
make the August 10 CRA
meeting. _.___
He is on disability and uses the
trolley for all of his shopping and
doctor's appointments, It would
be a hardship on him if the trolley
is cancelled
Ms Ondina Orgaz
737-0064
8i'l20 1 0
VOl cem all
Jeffrey Hovell
Unknovvn
Theresa Utterback advised that she
may also attend the CRA Board
Meeting on 8/l Oil 0, She will not
be able to attend the August
Meeting so I advised her of the.., ,. I
meeting in Sept.______ ___.~
Theresa 1, tterbaek advlScd tbat hc;
comments would he placed on the
Comment log I also advised ber
that she C(lt! Id attend the Sept 4tb I
meeting _~
~t~# ~: ,.J'!<~ - - - - - ." ~.".
"
~~}
B.____ "._ ".. _ ., '* -- - ~ -- . ~- ~~ .... .,=~ ~-~~-'"--""'"'~
She is a senior citizen and relies
on the trolley for shopping and
doctor's appts. She would be
willing to pay a fee for the
service. She signed a petition to
save the trolley and will try to Theresa Utterback let her know that
attend the Aug. 10 CRA Board her concerns would also be placed
8/6/2010 Call to CRA Yvonne Williams 734-6015 Meeting. on the CRA Comment Log.
Senior citizen who uses the
trolley and hopes that the CRA
8/6/2010 V oicemail Unknown Unknown keeps the trolley service.
Trolley is her transportation to
her job at the Mall. Please keep
8/7/2010 VoicemaiI Unknown Unknown the trolley.
He uses the trolley to get his
prescriptions and go to the
library. Uses it for general Theresa Utterback advised that his
shopping. The trolley is more comments would be placed on the
effective way to get around town Comment Log. I also advised him
East & West. He is disabled and that he should attend the Aug. 10th
8/9/2010 Call to CRA Richard Grzybowski 596-7697 on a fixed income meeting.
Called on behalf of numerous
students that utilize trolley
service from Florida Career April Majoy advised to attend the
Via Email and College. They ask that the CRA next CRA Board Meeting on Aug.
8/9/2010 Call to CRA Michael Schwam 634-7401 please continue to fund service. 10th, to express his concerns.
..-
8/9/20 I 0
Call to CRA
8/9/2010
Call to eRA
8/9/2010
Call to CRA
Joan Thomas
Allan Gleil1l-2~2 ] NF 4th
Court
Mary Harrison
742-5920
561 .~06-0852
56] -503-0142
Would like to place formal
complaint that eRA Board should
not abolish trolley service. She
uses trolley to travel all around
thc City. including for work.
Marina, shopping and paying her
water bill. She also states it is a
way for her to meet new people,
He uses the trolley to connect w
buses & train, Also uses it for
errands He reltes on the tTolle\
for hIS transpol1atlon, He will try
to attend the Aug. 10th meeting.
Please find a way to keep the
trolley, This is a great service to
save on energy and gas. [t gets
people to all the shopping
destinations which helps the
economy, Palm Tran is not
convel11cnt for those w walkmg
disability hccause the stops arc
far.
Petlew Up
April Majoy advised to attend the
next CRA Board Meeting on /\ug
10th. to express c_oncern~__
I
I
i
I
I
Thn"q l "crhack adv'Scd Ihal he ~
I
I
I
i
I
could also attend the Sept 14th
CRA Meeting.
Theresa l ttcrhack dlh I sed that,!"
could attend the Aug, 10th and PI
the Sept. 14th Board Meetings,
"""'~..::;:-~=- - ~ - -. ~-~--~ -- - -- . .";"lI
~-- ,~
1 - -
~""",",""~H';~~ '=~> - - ,
- - - " - - -~-,..~~~~
Please do not stop the trolley. He
uses it for shopping, etc... He
does not have a car so uses it for
getting around Boynton. He
lives in Boynton Bay Apt. The
trolley service is more important
to citizens than moving the Police Theresa Utterback also advised him
Dept. He will be at the Aug. 10th that there was another meeting
8/9/2010 Call to CRA Robert Gat 398-1871 Meeting. Sept. 14 that he could attend.
Please make cuts in other areas Theresa Utterback left him a
and not the trolley. There are message that his comments would
many people who depend on the be placed on the CRA Comment
David Blonda-Stirling trolley for the doctors and grocery Log and gave him the Aug 10th
8/9/2010 V oicemail Village 738-4556 shopping. meeting details.
He is handicapped and relies on
the trolley service. Please find
funding in the budget in order to
8/9/2010 Letter Raymond Markowitz 732-8624 keep the trolley service.
She runs the Mens Program at
The Lord's Place, and has
expressed great concern for
keeping the trolley service. She
explains that most of these men
have serious health issues, and April Majoy advised to attend the
are unable to drive, or even get to next CRA Board Meeting on Aug.
8/9/2010 Call to CRA Barbara Dixon 494-0125 x 3311 the Palm Tran stations. 10th, to express concerns.
....'.
RiJ 0/2010 Call to eRA
Kay Owens
1-561,9357077
8!1 0/20 10 V oicemail
Dianna
Unknown
8 1 ()/20 I () Email to Board Barbara Dimauro
8/102010 EmmltoBoard FloydZonenstein
VRG Owner~
League. Inl'
811 20 I () Voicemail
Ms Knowles-I 45 SE 4th
Unknown
Margaret & latiana
Salvino
Sylvia Boradell
803- 795-9903
i lnknown
81\ 2/2010 V oicemai I
8/ 1~20 1 () Voil'email
Please find other budget cuts in
order to save the trolley. So
many people depend on it. She
just moved into the area and use~
the trollev for work because there
is no bus on Gateway, She will
not be able to attend the meeting
tonight but will try to make the
Sept. 14th meeting.
Please keep the trolley it is her
only transportation to work.
She moved to Boynton Beach
because she knew it had the
trolley system. She is disabled
and uses it for shopping, banking,
etc. .
The residents at Village Royale
on the Green request continuing
the trollev service
She did not get to speak at the
Aug. 10th Board Meeting so she
wanted to be sure her comment to
save the trolley was given to the
Board,
Mother lives Village Royal and
does not have a car and uses the
trolley for all her shopping and
doctors' appts. Please keep the
trolley even if a fee is charged.
Please keep the trolley,
"Ii". Up
Theresa Utterback let her kno\\ she
could attend the Board Meeting I
tonight or the Sept. 14th meet1l1g I
also adVIsed that her comments
would be logged in thc eRA
Comment Log,
i
i
I
,
I
I
i
1
I
~
I
i
I
I
I
....~
i
I
I
----1
~~~~- - - - - --- - ~-~- - ---~
-
~--'""""" ,""" - - , -~
Kembery Bush, Executive Thank you letter for the
Director of St. John's contribution to the 2nd Annual
8/17/2010 Letter Baptist Church 732-2377 Back to School Health Fair.
The trolley is very important to
her neighborhood. She used it
8/22/20 I 0 Email Dayna Miller Unknown while pregnant and unemployed.
Theresa Utterback advised that his
comments would go on the
Comment Log and presented to the
Board at the next meeting which
Boynton Beach Students rely on was 9/14/10. He was also advised
the Trolley to get to school and to that he could attend the next Board
Jim Dack - Palm Beach have some independence. The meeting and voice his concerns
8/25/2010 Call to CRA County Schools 954-592-8159 trolley is an asset to the City. under public comment.
8/3012010 V oicemail Unknown Unknown Please keep the trolley.
Florida Career (olle~c 80\nton Kcm i It. \
Utterback, Theresa
From: Michael Schwam (mschwam@careercollegeedu]
Sent: Tuesday, August 10, 2010729 AM
To: Ross, Marlene
Cc: Bright, Lisa; Brooks, Vivian; Utterback, Theresa
Subject: RE Florida Career College - Boynton Beach Trolley
City Commissioner km<
Thank you for your reply I spoke with 1\o1s Utterback yesterday and, although I will not be dvadable, I am
sending Sandy Kaup, !\rea Director of Admissions and Lauren Page, Director ot Admissions Boynton Beach
Campus to the CRA Board Meeting this evening to represent Horida Cacee' College and express our conce'n,
My sincere hope IS that they do not fall on deaf ears Agalcl any support vou ca provide is greatly
appreciated
.Hidla.ef Schwam t::xecutlve DireC\o
Florida Careel College West Palin Beach
'rhe Colle91J Thni C'iI'"
6058 Okeechobee Bouievarrj
West Palm Beach H ;341
Dlrectl elepllOne 6bSJ091259
11.1a!n Telephone 561 0890550 Extens!')
Fay 56168~)'(ri3c~
[,mail ms~hwam@~(3rE!~rgollege,edu
VISit our web sl1e ,3t www,c;9J~ercollE!g~,ecJu
""'CONFIDENTIALlTY NOTE"
ThiS electronic mall may contain information whlcrl IS confidential or restricted for use Ollly by Florrda Caree
College employees The information is Intendeci only for the use of the reciplent(s) named Ir, thiS mail If you Eue
not an intended recipient, be aware that any disclosure cOPYing distribution 01 use of the contents of trllS
Information is without authorization and is prohibited If you receive thiS electronic mail III error please notify
by return electronic mail and delete thiS mail 1'l'1rnedlatel\ Thank vou for your cooperatlor
From: rossm@bbfl.us [mailto:rossm@bbfl.us]
Sent: Tuesday, August 10, 2010 12:05 AM
To: Michael Schwam
Cc: brightl@bbfl.us; brooksvi@bbfl.us; Theresa Utterback
Subject: Re: Florida Career College - Boynton Beach Trolley
Hello, Michael. I appreciate your comments and I have shared the message with CRA staff. My
understanding is that all of the members of the CRA board will also be informed about your message.
The monthly CRA Board meeting will be held tomorrow night (Tuesday) starting at 6:30pm---as usual
in the commission chambers at City Hall @ 100 E. Boynton Beach Blvd., Boynton Beach. I encourage
you to attend if you're available; perhaps you would want to comment about the issue when it's time
for public comments. The Boynton Beach CRA is facing many budget constraints once again due to
the challenging economic conditions. Thank you. Marlene
8/1 0/2010
Florida Career College - Boynton Beac11 Trolley
Page 1 of2
Utterback, Theresa
From: Ross Marlene
Sent: Tuesday, August 10, 2010 12:05/\M
To: Michael Schwam
Cc: Bright, Lisa; Brooks, Vivian; Utterback, Theresa
Subject: Re: Florida Career College - Boynton Beach Trolley
Hello, Michael. I appreciate your comments and I have shared the message with CRA staff. My
understanding is that all of the members of the CRA board will also be informed about your message.
The monthly CRA Board meeting will be held tomorrow night (Tuesday) starting at 6:30pm---as usual
in the commission chambers at City Hall @ 100 E. Boynton Beach Blvd., Boynton Beach. I encourage
you to attend if you're available; perhaps you would want to comment about the issue when it's time
for public comments. The Boynton Beach CRA is facing many budget constraints once again due to
the challenging economic conditions. Thank you. Marlene
Sent via BlackBerry by AT&T
From: Michael Schwam <mschwam@careercollege.edu>
Date: Mon, 9 Aug 2010 17:23:45 -0400
To: <rossm@bbfl.us>
Subject: Florida Career College - Boynton Beach Trolley
City Commissioner Ross -
I am reaching out to you in hopes that you can convince CRA to reconsider their decision to cease
operation of the trolley system in Boynton Beach. Let me briefly explain my personal concerns and
that of Florida Career College:
Florida Career College weighed the trolley system into its decision to build a campus in the
Catalina Shoppes in the City of Boynton Beach.
Many students (Boynton Beach residents) enrolled into programs at the College with the
understanding they would have access to transportation provided by the trolley. If the trolley ceases
operation, some of these student may be forced to withdraw from school and incur the debt of a
student loan without completing their program.
Future enrollments might suffer if the trolley ceases.
The tenants at the Catalina Shoppes will lose out on business if the College loses out on
business.
The College helps support the trolley by advertising on the trolley. The College supports the mall
by advertising in the mall and renting kiosk space. Shouldn't the City of Boynton Beach support its
businesses?
811012010
Florida Career (ollegl Bovnton Bcacn
Ii '\
Page
I look forward to any assistance or influence you can provide regarding the continuance of the trolley
system in the City of Boynton Beach would be greatly appreciated
/Hidlaef Sdwru/l,i L <leu
i'.!(":;;i:J3 C:atec,'
\I~/e ~_, ~
f\ "::IC !
'!f;e College Tlli;i'
b05b Okeecl1ObE:fc HUUi;',","'CI
\lVe~;j Pall'!: [,e,:~;: r
Uliect T elepllone bb9US1125S!
Ma i elephone 561-fi89-0550 ExtenSion 300';
Fax, 561-689 OT:i~
L.- mail m~~hlJ\lc:lm@cc:lr~~JcolI~g~,edu
\lislt our web site at www,care~rcolleg~~ciu
"'CONFIDENTIALlTY NOTE'
This electronic mall may contam Information which IS conflcJentlai restricted fo' use tJy Florida Ca'ee
College employees The information IS Intended only for the use of tI-le reclplent(s) named In this mal! If you are
not an intended recipient be aware that any disclosure cOPYing. distribution or use of the contents of UilS
mformation is without authorization and is prohibited If you receive thiS electronic mail in error please notify me
by return electronic mall and delete thio !nal! IIlHr1ed!atel\ rhank you for you' cooperation
8/1012010
~"'.~~.--.
kM
6ft 'Pit r
. , ., AUW~~J{;
70 WHDJ1. j Y fVl1f'l Go N C- f! f( /'1, .
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Utterback, Theresa
From:
Sent:
To:
Subject:
Ross, Marlene
Tuesday, August 10, 2010 1 :34 PM
Bright, Lisa; Brooks Vivian Utterback, Theresa
Fw: trolley
FYI.. .
------Original Message-----
From: BARBARA DIMAURO
To: RodriguezJ@bbfl.us
To: rossm@bbfl.us
To: hayw@bbfl.us
To: holzmans@bbfl.us
To: orloveb@bbfl.Ls
Subject: trolley
Sent: Aug 10, 2010 1:06 PM
I moved to Boynton because I am disableo dno knew ~nere were ro~levs ~~a- 1d Ke
to all the places I needed to get t n~aer necessary ~ --grocery shop, Dan
get stamps, get prescriptions, and K my ema ~ 1 ~ ke tje ~rolley Walmart,
the mall, and the public librar you won't stop :ne trolley. life is
hardship. I dol" need fOJ narner. '"I r: Barbere iM2uro
Sent via BlackBerry
AT&T
Page 1 of 1
Bright, Lisa
From: Ross, Marlene
~nt: Tuesday, August 10, 2010 9:51 AM
.0: Bright, Lisa; Brooks, Vivian
Subject: Fw:
FYI (trolley)
Sent via BlackBerry by AT&T
From: vrgol@ao1.com
Date: Tue, 10 Aug 2010 09:29:10 -0400 (EDT)
To: <RodriguezJ@bbfl.us>; <rossm@bbfl.uS>; <hayw@bbfl.us>; <holzmans@bbfl.us>; <orloveb@bbfl.us>
Subject:
Good Morning,
On behalf of the citizens of Village Royale on the Green, we request that the Boynton
Beach Trolley be continued.
- lnk you,
Floyd Zonenstein
President
VRG Owners League, Inc.
08/10/2010
:~('",' ',:
~je;E-;fl l_~q~,
'; S.S () J_C-t ~ ,--.
;::'t.")r~_ S t,
__. ___ __. _._._..~_"__._>_ .__._'H.___..____.,,_~ ,_. . ....__ ..._.._._._~_ m..~_ .., ,'-'- .- --.-.------~, -'- '", '--"
~"- ~.._.- --.--., _. -....--...--.- ._._.-- ---~_..."-' -...__. ,.---.----<< ...--,.---.-,,-,-,,--
f,'everenc> (."nc! C'f1;1nev, Pasto'
August 17, 2010
Dear Community Partner:
On behalf of St. John Missionary Baptist Church and Rev. Lance Chaney, I would like to thank
you for your participation and support of our 2nd Annual Back to School Health and Resource
Fair.
Your support and participation in this special event are sincerely appreciated by the youth and
families that attended and helped to send almost 1000 youth back to school prepared and
ready to learn. We hope you will join together with us to make this annual event a success for
years to come.
We truly appreciate your support, and look forward to working closely with you to make a
difference in the lives of our youth and families. Again, many thanks.
tL,_
ember y Bush
Executive Director
St. John Missionary Baptist Church
Family Resource Center
Reachz1'lg 1he Rcticon.abil
'f' '~,:;Vf! I(;:;P(,' pJ'~{/;
1'):'(;1'''-(11(:'
St. John's Health Fair 2010 thank you
From: Kemberly Bush [kbush@stjohnmbc.netJ
Sent: Tuesday, August 17, 2010 5:54 PM
To: ahankins@hmhbpbc.org; avery.siders@vitas.com; Bright, Lisa; DLittle@pbcgov.org;
eswann@jdrf.org; Immler, Matt; Immler, Matt; janice_campbell@doh.state.fl.us; Joseph
Moyel; lmontague@wackenhut.g4s.com; Lyons, Thelma; patanne48@aol.com;
polynicec@scmhcinc.org; Trudy-ann Reed; Utterback, Theresa; warren, DeAnna; Yanet
Perez
Subject: Health Fair 2010
Attachments: health fair thank you letter.pdf
Community partners,
I want to, again, thank you for your support and participation at our 2nd Annual
Back to school Health Fair. I will be forwarding pictures to you by the end of the
week.
Regards,
Kemberly Bush
Executive Director
St. John Missionary Baptist Church
Family Resource Center
(561) 732-2377
(561) 732-3270 (Fax)
"the word at work"
page 1
Utterback, Theresa
From:
Sent:
To:
Cc:
Subject:
Walsh, Margee
Sunday, August 22,2010810 AM
Bright, Lisa; Brooks, Vivian
Utterback, Theresa
Fw Email from trolley supporter
-----Original Message-----
From: Dayna Miller 929@ya
~o: Walsh, Margee
Sent: Sun Aug 22 0 :01:06 201
I just wanted to say now valuable the ro~ley
years ago and t~e tro~ ey
providing that servi the
rLY :-'Lei
. if,lhe>
vlJas Dreonan:
y rr:E
T'
JJ
":ir~"
~~~~Y~T2~lc RA
iIii East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: September 14,2010
I I Consent Agenda I
Old Business
New Business
Public Hearing I X I
Other
SUBJECT: Year-end Analysis: CRA's Small Business Google Map: "Where the locals go!"
SUMMARY: In May, 2009, owners of the 500 registered small businesses located within the
boundaries of the Boynton Beach Community Redevelopment Agency's (CRA) 1,650 acre district,
received letters from the Agency with an invitation for the merchants to participate in the CRA's "Small
Business Google Map, "program titled, "Where the locals go!" Follow-up phone calls were also made
to owners encouraging them to schedule time to film this free, marketing promotion.
Boynton Beach is leading by example in assisting with the promotion of their small businesses, as
the Cities of Boca Raton and West Palm Beach launched similar video-marketing programs in
2010.
The map includes on-camera interviews of store owners, free of charge to all participants, videoed and
edited by CRA staff, then linked, (along with still photos, contact information and business description)
and uploaded to the "Small Business Google Map," web pages. Link to Map on CRA
website: http://www.boyntonbeachcra.comlmap/index. php
The on-going goal of the program and integral component of Boynton Beach's Downtown Master Plan,
is to position our downtown as a desirable, year round destination, increase the number of visits to the
area, and ultimately create a positive economic impact. Bottom line: drive customers and business to the
downtown area.
Of the 500 registered businesses contacted, 54 participated in the Google Map video program. Of those
54, two businesses closed and 44 owners agreed to answer end-of-year survey questions.
The results are tabulated on the attached Excel spreadsheet, charts and year-to-date Google Analytics.
Businesses who wanted additional information on CRA's funding programs were sent requested
documents.
FISCAL IMPACT: $3,090.00 in camera equipment, plus CRA staff hours
CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan
RECOMMENDATIONS: None
~cf (~it
Marketing and Communications Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board
Meetings\09-14-10\CRA Business Google Map Analysis,doc
Business Name
Annelle's Supennarket
Ocean Avenue Green Market
Weiss Memorial Chapel
Beau Lieu Sculpture Studio
Chuck's Auto Repair
Cuts Plus
Art-Sea Living
Banana Boat
Woolbright U-Gas
Business still
in operation
YES
YES
YES
YES
YES
YES
YES
YES
YES
Google Map "Where the locals go.....
2010 Analysis
Was business listed on
Google prior to
participation in the CRA's
free video project?
YES
NO
YES
YES
NO
rES
YES
yES
NO
Is the CRA's Google Map Has the Google Map
video the businesses only video been usefu' to
presence on the Internet? your business?
Has business utilized
eRA Google Map video ..
to cross promote with NotesfTestlmomals
social media?
NO
YES
NO
NO
YES
YES
NO
NO
YES
UNSURE
NO
NO
UNSURE
UNSURE
NO
YES
UNSURE
NO
NO
" -,------,,---,,- --l
__w__,....._.._.,._._.~_______._.___ _'"I
N/A
NO
We have f(C-
I vamped our deli and i
I customers don't 'I
! recognize the store when
I they first walk in' i
TPric;;-to Google Map, the i
only Internet presencf'
Weiss Memorial had
was their website
NO
NO
i
i i(:;,\i ii()i: n,d:\/~
I Currently utilizes social
I media and is very
I interested in learning
about various cross
jpro~?!ilJ~.?pportu_nltles
~-- ...,----
! Creating a website and
_I eventually FB, etc
i Prior to Google Map the
lonly Internet prescense
!Art-Sea Living had was
Itheir website
I-c-shoot
1 'ocatlor;
! We are looking forward
ito the completion of the
~~:i~~rl~~~~t~:
!Yellow Pages on-line
1100
NO
NO
NO
NO
NO
Google Map """"ere the locals go..."
2010 Analysis
Was business listed on Is the CRA's Google Map Has the Google Map Has business utilized
Business Name Business still Google prior to video the businesses only video been useful to CRA Google Map video NotesfTestimonlals
in operation participation in the CRA's presence on the Internet? your business? to cross promote with
free video project? social media?
''Thanks for the
suggestion to use social
media for my business, I
Beachcomber Art YES NO YES YES NO have a personal
Facebook page, but
never thought of using it
for marketing my
business."
Blossom Shoppe YES NO NO UNSURE NO N/A
Boynton Boat Rental YES N/A N/A N/A N/A Owner could not be
reached,
Every little bit of free
Cafe Frankie's YES YES YES YES NO promotion helps us, Ads
in newspapers also good
for us,
Article in Post was great
coveage, Please
Eye of the Stonn YES YES YES YES NO schedule are-shoot
because of name
change.
We link the Google Map
Fancy Flamingo YES YES NO YES YES to our FB and Twitter
pages - nice option
Fashion Shoppes Boutique YES YES NO UNSURE NO N/A
Grooming By Holly YES NO YES YES NO N/A
Ham-r- Time YES N/A N/A N/A N/A Owner could not be
reached,
Hurricane Alley YES YES NO YES YES We are also listed on the
S, FL Dines website,
Intracoastal Jet-Ski Rentals YES N/A N/A N/A N/A Owner could not be
reached,
Maddie's Flowers by the Sea YES NO NO UNSURE NO N/A
Sea Mist III YES N/A N/A N/A N/A Owner could not be
reached.
Splash Down Divers YES YES NO NO NO N/A
2
Business Name
Nail Know How
Thank You For Your Ride,
Room 101
Two Georges Waterfront
Grille
ZEN Bodyworks
Boynton Fishennan
I
I
i
I
T
\
I
I
EM' S'de C~~ive~:: S'",~_
Deck & Drive
East Coast Insurance
Business still
in operation
YES
YES
YES
YES
YES
YES
YES
YES
Google Map "Where the locals go.....
2010 Analysis
Was business listed on
Google prior to
participation in the CRA's
free video project?
YES
NO
YES
N/A
YES
YES
NO
NO
Is the CRA's Google Map Has the Google Map
video the businesses only video been useful to
presence on the Internet? your business?
Has business utilized
CRA Google Map video N t IT f . I
to cross promote with 0 es es Imoma s
social media?
NO
YES
NO
N/A
YES
NO
NO
YES
3
NO
YES
YES
N/A
NO
YES
YES
NO
NO
YES
NO
N/A
NO
NO
YES
NO
While 1 think the video is
a great tool, customers
do not specifically go I
searching for a video of
my business, Rather, !
they simply Google I
~/:::~~ "" 1
1,',,' i
Drovmp ~
We appreciate all the I
work the CRA does to i
promote our businesses I
and we rely heavily on I
our website and word of i
mouth J
Owner could not be i
reached, ,~
We are listed in the I
i Yellow Pages online and
~~r~i~g on a website_-!
1\it.' '!'i"~- !
I
"
i
~~:'
I
i
i
i I
I::;p" and they have i
I added the link to webslte I
I and F ace Book '
Currently developmCj ;)
website for their
business ,
Google Map "~"dre the locals go..."
2010 Analysis
Was business listed on Is the CRA's Google Map Has the Google Map Has business utilized
Business still Google prior to CRA Google Map video
Business Name In operation participation In the CRA's video the businesses only video been useful to to cross promote with NoteslTestlmonlals
free video project? presence on the Internet? your business? social media?
We appreciated the
Just Wings & A Few Other article written about us in
YES NO YES YES NO the Sun Sentinel last
Things summer after our video
was done.
Mario Ferazzoti & Sons YES NO YES NO NO N/A
URS Art Studio YES NO NO UNSURE NO N/A
A Pink Princess YES YES NO NO NO N/A
Currently do not utilize
social media, but would
Boynton Billiards YES YES NO UNSURE NO love to learn more about
cross promotion
opportunities,
Causeway Coin Laundry YES NO YES NO NO N/A
CK Locksmith YES N/A N/A N/A N/A Owner could not be
reached,
Eco Green Cleaners YES YES YES YES NO Article in the Post was
very helpful.
Do not have a website
and notfamiliar with
Gentleman's Choice YES YES YES UNSURE NO Face Book, but will look
into it. Hopes the CRA
can continue to help out.
We find the Google Map
Program useful, and
Hair Garden YES NO YES YES NO have had several
customers mention
they've seen the video
Thanks for the
Kehrlg Family Chiropractic YES YES NO NO NO suggestion to cross
promote through social
media.
Currently do not utilize
Legends of Las Vegas social media, but would
YES YES NO UNSURE NO love to learn more about
Gameroom cross promotion
opportunities,
4
Google Map "Where the locals go.....
2010 Analysis
Business Name
Business still
in operation
Was business listed on
Google prior to
participation in the CRA's
free video project?
Is the CRA's Google Map Has the Google Map Has business utilized
video the businesses only video been useful to CRA Google Map vi~eo NotesfTestimonials
. to cross promote with
presence on the Internet? your bUSiness? 0 I dO?
socia me la
---------~_._-_.~------,~ --,--~--_._-------~---- -----_._---_.__._~--
Marketing Innovations YES YES NO N/A YES
_.__._------~
Minor Skate Shop NO N/A N/A N/A N/A
,-------.---- _.~_.--------_._--
Nadeau Auto Body, Repair YES NO YES YES NO
and Sales
Natural Forest Patio YES YES NO UNSURE NO
Prime Catch
YES
YES
NO
NO
NO
Ria's Salon & Day Spa
YES
NO
NO
UNSURE
NO
Rufus Ribs
NO
N/A
N/A
N/A
NIP.,
Scully's
YES
N/A
N/A
N/A
N/A
Stress Less Bodyworks
YES
N/A
N/A
N/A
N/A
The Pantry
YES
NO
YES
NO
NO
US1 AC Self Storage
YES
YES
NO
UNSURE
NO
Video 100 new to gauge
effectiveness, Very glad
to have the opportunity I
to particpate in the I
program, ,',.,j
Closed
-_.~------_._..----
J Business is steady I
I Currently utilizes social l
I media for their business,l
I and loves the idea of i
cross promotion!
--l
Enjoy partnering with Ihe i
CRA and working on FB I
and other social media I
to cross promote I
restaurant. ~
h~nk. I
Phoned and emailed
owner numerous times
No response I
-l
Owner could not be
reached I
Thankful for thel
suggestion to utilize
I social media, because
it's a great opportunity 10 !.
market her business at :
little to no cost. i
Very interested in1
learning more about I
various cross promotion I
Lopportunities
Has the Google Map video been useful to your business?
r
25.93%
/27.780k
20.37%
-
. YES
. NO
. UNSURE
. N/A
("....
r....
Has the G0081e Map video been useful to your business?
25.93%
/",27.780A.
20.37%
. YES
. NO
. UNSURE
. N/A
V'N-rW ,bov. 1io:'lbeachcra,CCi"1
Content Detail:
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.&
APPLE INC.
i\pple Store, Boca Raton
6000 West Glades Road, Ste 1m
eoca Raton, FL 33431
bocaraton@apple,com
56'.338-0478
www.apple.com/reta i liboca ra ton
June 02, 2009 07:58 PM
City of Boynton Beach
LISA BRIGHT
brightl@bbflus
MacBook Pro 15/2.4/2X1 GB/250/5D
Part Number: MB470LL/A
Serial Number: W89203DC8Qi
individual Educato'
MacBook Pro 15/2.4/2Xl GB/250/SD
Part Number: MB470LL/A
Serial Number: W89203DC8Ql
Warranty effective through: Jun, 01, 2010
Return Date: Jun, 16,2009
S 189,90 fee if opened
For Support, Visit: . APPLE,COM/SUPPORT
Individual Educator
($ 1,999.00)
S 100,00
$ 1,999,00
($ 100,00)
;/
Sub-Total
Total
Amount Paid Via Visa (A)
xxxxxxxxxxxx9613
$ 0,00
($ 123.44)
i $ 123.44)
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iIIi East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: September 14,2010
I Consent Agenda I
Old Business
New Business
Public Hearing I X I
Other
SUBJECT: Food Vendor Analysis for CRA Events
SUMMARY:
· CRA uses both local concession and caterer type vendors at events
· Concession companies work best for large events when payment for services are involved
· All concession/caterer employees must have Food Handler Certification Training
· CRA uses only companies that have Alcohol Liability Insurance and are certified to handle all of
the alcohol services issues.
· Concession companies give the event organization a cut of the proceeds
· Concession companies include required event equipment in their costs; most catering companies
don't have this equipment
· Concession companies are designed to service a large quantity of people within a condensed
period of time while catering companies are not equipped to handle the large crowds.
FISCAL IMPACT: None
RECOMMENDATIONS: None
~~~
Kathy Biscu ti
Special Events Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetingIFY 2009 _ 2010 Board Meetings\09-
14-10IFood Vendor Analysis for CRA Events,doc
Events Management Study:
Use of Caterers vs. Concession Companies
for Boynton Beach eRA Events
Background:
The Boynton Beach Community Redevelopment Agency (CRA) special events
department relies on food vendors to be on site, to provide quality, reasonably
priced food and drinks to concert/event attendees.
CRA events are unique in that they often bring a very large quantity of people to
a venue, most of whom prefer to purchase food items within a condensed period
of time.
A "catering company" is one which provides foodservice at a remote site such as;
table service, bUffet, or made-to-order for smaller groups at an a la carte or per-
person price. Caterers are typically not equipped to cook, serve and collect
payment for groups of several hundred to several thousand people.
A "concession stand" is a place where patrons purchase food and beverages, and
the concession stand staff handles the money exchange and bankroll for the
products purchased. Concession stand companies also hold their own alcohol
liability insurance and require its staff to complete proper Alcohol Awareness
Training.
Concession Stand
Caterer
Important Liability and Insurance Issues:
Concession companies must stay current on the specific food handler laws in
Florida. According to the Safety Council of Palm Beach County, it is required of
any special events staff to have completed the Food Handler Certification
Training and the Safe Food Handler Manager Training; ServeSafe is one example
of a company that offers this training. A manager is required to be on-site
supervising every event.
Alcohol Service - Compliance
As in past years, it is the practice of the Boynton Beach CRA to hire a
professional concession company that requires each of its employees to conduct
operations in strict compliance with all applicable local, state and federal laws
regarding the sale and service of alcoholic beverages. All service staff are
certified in the TIPS training or the Regulatory Compliance Services to insure that
id's are properly checked and that the public is not over served. In comparison,
smaller catering companies do not require this type of training as it is not always
required in the State of Florida.
Financial Impact Differences - Concession Stands vs. Caterers:
In recent years, the Boynton Beach CRA has utilized both caterers and
concession stand owners for various events. The main difference, financially,
between the two is:
-/ A caterer sells to the public and keeps the proceeds or gets paid by the
event organizer;
-/ A concession company sells to the public and shares the proceeds with
the event organizer.
· While concession stands include required event equipment in their cost,
such as generators, fire code approved tents and grills and cooking
surfaces - caterers typically do not provide/own this equipment.
· While concession stands carry Liquor Liability Insurance, caterers may not.
· Concession stand staff always include trained money handlers for
monetary transactions with the customer, caterers rarely have to handle
money while serving.
· Concession stands are designed for service of large groups, while caterers
usually are not.
----.---- -
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Advertising sizes and prices are the same i
Full Page
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1 x per year, color $1,800 1 x per year, b&w$l ,600
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r--
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or
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Prepress Details
DESIGN SPACE:
Design spaces are no bleed, no trim.
Ad widths are in columns:
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to leave room for our page folio at the top.
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2010- 2011 Advertising Deadlines
Space Reservation Completed Ads Distribution
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Placement of ads within The Coastal Star is
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The rate for single sheet advertising inserts
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Pricing for targeted distribution and inserts
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All new accounts are prepaid until credit has
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Discount for buying both
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for running in both editions. Consult your
advertising representative for details.
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, RATE CARD
soITfiilAST
REAL ESTATE
BUSINESS
RATE CARD NO.5
ADVERTISING RATES
EFFECTIVE OCTOBER 2007
France Publications, [nc
Two Securities Centre
3500 Piedmont Road, Suite 415
Atlanta, GA . 30305
(404) 832-8262' FAX (404) 832-8260
ww'\\',southe astrebusiness.com
,~.12lSnAxt\J)_\IIJ~JISlli_GJ~A.. rES
1. Number of ads within 12 months from date of first msertJun ,('!:lrall
period determines frequency rate,
6x 12x 24x
53,650 53,510 $3,290
$3,235 $3,065 52,985
$2,950 52,725 52,495
$2,450 52,225 $2,110
$1,630 $1,540 $1,515
$1,380 51,280 $1,230
$1,060 5 I ,035 $965
$~: 5775 5750
~ {J)~(\"ll1l5
2. Cover Rates: Cover rates are for space only and do not~stde cost of
color or bleed, Cover positions are non-cancelable,
DISPLAY UNITS Ix 3x
Tabloid $4,430 $3,845
3/4 Page $3,780 $3,565
Junior Page $3,430 $3,175
1/2 Page $2,955 52,695
1/3 Page ~1'785
1/4 Page . 1,465
l/6 Page $1,340 1,185
1/8 Page 5865
Cover Rates:
Covers 2 and 3
Cover 4
Ix
54,845
$5,180
3x
$4,620
$5,095
6x
$3,995
$4,830
12x
$3,800
$4,770
24x
53,755
$4,590
3. Preferred or Special Positions (cancelable only on 90 days notice):
10 % extra on space, color and bleed,
4. Color Rates, Per Page or Fraction:
Black ink included in rate as first color.
AAAA or process colors, each (i,e, 2-color ad)
Matched colors, each (matched PMS)
4-color (process colors only)
5675
$775
51075
5. Rates for Special Inks: Submit sample for quotation,
6. Bleed or Oversize Advertisement: 10% extra on space and color.
Acceptable in spreads and full page units only, No extra charge for gutter
bleed in spreads,
7. Split Runs: Consult Publisher
8. Short Rates and Rebates: Advertisers will be short-rated if, within a
12-month period from date of first insertion, they do not use the amount of
space upon which their billings have been based, Advertisers will be
rebated if, within a 12-month period from date of first insertion, they have
used sufficient additional space to warrant a lower rate than that at which
they have been billed,
9. Rate Protective: If, as and when new rates are announced, advertisers will
be protected at their contract rates for at least three months, Orders may be
cancelled at the time the change in rates becomes effective without incurring
a short rate adjustment on space already run, provided the contract rate has
been earned up to the date of cancellation,
\ >.'1 F ili '\l)"{I:EJ ISJM,
Payable 011 L)iiilllg In advance of publication, Not subject to agency
COmmlSS](Hl (onfldential box numbers 5]5,00 l' S, 525 outside V,S
addressc'
~\;lir column 1.11
Ix
$295
lx-3x
$85
3x
5265
4x-6x
575
6x
$240
7x or more
$60
12x
<:230
Each additional column Ill,:
M!'.Cl:IA_NICA1IiliQWBi'J'v1.J::l::!JS
1. PLBLICATIOl\'S TRIM SIZE: 1013/16" x 14
2. Type or Page Size: Space is available in the following units,
Advertisements exceeding type size in any dimension are considered bleed
or oversize except for gutter bleed in spreads, and are subject to a 10'ic
surcharge
~d Sizes Width Depth
TablO1d 9-3/4" x 13-112'
3/4 Page 7-114" x 13-1/2
Junior Page 71/4' 10
1/2 Page (Vertical) 4-3/4" 13-1/2'
1/2 Page (Horizontal) 9-3/4' x 6-5/8'
1/3 Page (3 Columns) 7-1/4" x 6-5/8
1/3 Page (2 Columns) 4-3/4" 8-7/8'
1/4 Page (Horizontal I 7-1/4" 4.,3/8'
1/4 Page (Vertical) 4-3/4" x 6-5/8
1/6 Page (Vertical) 2-1/4" x 8-7/8'
1/6 Page (Horizontal) 4-3/4" x 4-3/8"
1/8 Page (Vertical) 2-114" x 6-5/8"
1/8 Page (Horizontal) 4-314" :( 3-1/4
3, Number of Columns to Page: 4 columns,
4. Column Width: 2-1/4'
5, Column Depth:
6. Offset Material: We prefer ads be sent on disk or CD and
accompanied by a color proof. Please see attached document
"Guidelines For Submitting Digital Ads To France Publications" for
complete specifications for digital ads, Failure to follow these guidelines
could result in additional charges to the agency or advertiser. Offset
progression is C,M.Y.K
7. Digital Materials: Request disk requirement sheet.
R. Printed: Heated web offset
9. Bleed Specifications:
Tabloid Page
(Keep live area 1/4" from trim)
Trim siu:
Width
Depth
1015/16' x
1013/16' x
14-1/4
14"
~:; ~ ~<!Y~Te~ eRA
~ East Side-West Side- Seaside Renaissance
eRA BOARD MEETING OF: September 14,2010
I Consent Agenda I
Old Business I I New Business
Public Hearing I X I
Other
SUBJECT: Color Selection for Commercial Fayade Grant Applicants - Harvey E. Oyer, Jr., Inc. and
Intracoastal Medical Building Condominium Association, Inc.
SUMMARY: Attached are the color selections that received the Board's majority vote for the
Commercial Fayade Grant Applicants - Harvey E. Oyer, Jr., Inc. and Intracoastal Medical Building
Condominium Association, Inc.
CRA PLAN, PROGRAM OR PROJECT: Commercial Fayade Grant Program
RECOMMENDA TIONS: Info. Only
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~~~~Y~T8~lCRA
. East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF:
September 14, 2010
I Consent Agenda I I Old Business I X I New Business I I Legal I I Other
SUBJECT: Establish schedule for transition of current Board member and attorney
records
SUMMARY:
· Transition to Appointed CRA Board (see attached email)
FISCAL IMPACT:
CRA PLAN, PROGRA,M OR PROJECT:
RECOMMENDATIONS:
0iA !'v
Lisa Bright, Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 _ 2010 Board
Meetings\09-14-10\Board Member-Attomey Records.doc
Page I ot2
Brooks, Vivian
From: Brooks, Vivian
Sent: Wednesday, September 08,20103:17 PM
To: Bright, Lisa
Subject: FW: September Agenda
Vivian L. Brooks
Assistant Director
Boynton Beach CRA
915 S, Federal Highway
Boynton Beach, FL 33435
561-737-3256
Qrooksvi@bbfU.l~
"Energy and Persistence Alter All Things. H
Benjamin Franklin
From: Jim Cherof [mailto:JCherof@cityatty.com)
Sent: Wednesday, September 01, 20109:31 AM
To: Brooks, Vivian
Cc: Rodriguez, Jose; Ross, Marlene; Hay, Woodrow; Holzman, Steven; Orlove, Bill
Subject: September Agenda
Please add the following item to the September agenda under either new business or legal:
Transition to Appointed CRA Board
1. Process for selection and appointment of new Board Counsel (my tenure will end when the Board is no
longer the City Commission)
2. Review and extension of Executive Director's annual contract (Lisa's contract automatically renews
October 1 st)
3. Schedule of Board Training on sunshine law, public records law, ethics law I can handle this as part of the
transition
4. Review status of contracts/projects being transitioned- Susan is working on a new comprehensive list of
contracts/su bcon tracts
5. Establish schedule for transition of current Board member and attorney records- this is a public records
retention issue
By copy this emaill am advising the Board of this request and asking the Board members to suggest other items
that they think would facilitate the speedy and orderly transition to the appointed Board
James A. Cherot
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Broward (954) 771-4500 x 304
Palm Beach (561) 276-9400 x 304
Fax (954) 771-4923
Email: k:b er 0 t@cit'LQJ.ty~c:_Q[l1
www.cityatty.com
r\ 10 '''''r\ 1 f'\
~~~ctY~Te~ICRA
. East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: September 14,2010
I Consent Agenda I Old Business I I New Business I X I Legal I I Other
SUBJECT: Ordinance - Commission on Ethics
SUMMARY:
· The City Commission passed I st on I st reading of its intent to adopt the Palm
Beach County Ethics Regulations.
· The City Commission will have an agreement allowing the County to handle the
investigation of ethics complaints.
· The CRA Board may want to transition the investigation of ethics complaints to
the Palm Beach County Ethics Commission.
FISCAL IMPACT: None.
CRA PLAN, PROGRAM OR PROJECT: None.
RECOMMENDATIONS: Discussion and action.
/, ~
~ ~
Jim Cher I CRA Attorney
T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2009 _ 2010 Board
MeetingsI09-14-10\PBC Ethics Commission,doc
,
i~
".~j
~~~ctY~T2~)CRA
iiIi East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: September 14,2010
I Consent Agenda I X I Old Business I I
New Business
Public Hearing
Other
SUBJECT: Consideration of Approval of Boynton Harbor Marina Fuel Dock Reconstruction Project Request for
Proposal (RFP) Construction Proposal Submittal Rankings
SUMMARY: In January 2007, the CRA purchased the private fuel dock facility from The Related Group in
order to continue to provide the local marine industry with a fueling station and further public access to the
waterfront. The fuel dock facility acquired by the CRA was built in 1998 and consists of a 200 sq. ft. office, two
fuel dispensers and tanks along with approximately 250 linear feet of pressure treated wooden dockage. The
condition of the existing pressure treated lumber used to construct the dock has long since exceeded its normal
estimated lifespan and is showing obvious signs of deterioration and weakness. The dock substructure supports
are substandard in dimensions under today's building standards. Fortunately, the existing concrete pilings are in
excellent condition and are estimated to have a remaining lifespan of 40+ years.
At their regular CRA meeting held on July 13, 2010, the CRA Board approved the issuance of the Boynton
Harbor Marina Fuel Dock Reconstruction Project Request for Proposals (RFP) to obtain proposals from qualified
marine contractors to construct the project. The RFP provided an issuance date of July 16, 2010, with all
responses required to be submitted by 4:00 PM on August 17, 2010. As of the deadline, six (6) complete
proposals were submitted. Based on the evaluations (see attached), the proposal submitted by B.K. Marine
Construction, Inc. was found to be the most responsive and favorable, ranking the highest among the proposals.
The proposed cost for completion of the renovation project as submitted by B.K. Marine Construction, Inc. was
$55,569.34. This price falls within 7% of the CRA's design engineer's project estimate of$59,500.00.
FISCAL IMP ACT: Funding to be utilized from Project Fund #02-58200-404
RECOMMENDATIONS: Approve of the selection ofB.K. Marine Construction, Inc. as the marine
general contractor for the Boynton Harbor Marina Fuel Dock Reconstruction Project.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 20 I 0 Board Meetings\09-
14-10\Rankings ofRFP Submittals-Fuel Dock-RFP,doc
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.. ~l SKk-Wt-)\Scd~"Scui~ R..:n"DS:lif'K.~
PROPOSER ACKNOWLEDGEMENT
Submit Proposals
To:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
Release Date:
July 16,2010
Project Title:
BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
Proposal Received
By:
August 17,2010, Proposals must be received in their entirety by the
Boynton Beach CRA no later than 4:00 p.m. (local time).
Proposals will be opened in the Boynton Beach Community Redevelopment Agency unless
specified otherwise. Proposal receiving date and time is scheduled for August 17, 2010, NO
LATER THAN 4:00 p.m. (local time) and may not be withdrawn within ninety (90) days after
such date and time.
All awards made as a result of this proposal shall conform to applicable sections of the charter
and codes of the Boynton Beach Community Redevelopment Agency and/or the City of Boynton
Beach.
Name of Vendor: 'B. \'(. \\'\~\~t::
Federal J.D. Number: 69" \ % \ <pb~\
A Corporation of the State of: Flcl;< ~DA
Lc\~ ~\Q..-\.LC:UO(j , \ ~~ (?
.
Mailing Address:
(~54 ) 42\ - '2.:37- \ Fax Number: ~54 )4'Z:i - S He ~
.::,~ 6~ \4* ~~~~
Telephone Number:
City: ~~\~Lj) ~
State: ~ \.-
B ( ,"1 ('2D \ 0
(\ \ /)
\~ V'Y'lr") { :J ./vA1
110rized Signature
:r"\M ~(<~M-r
Name (Printed or Typed)
Zip: '3~1-
Vendor Mailing Date:
~
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CO'\'SIDERED COMPLETE AND ACCEPTABLE
~~~qY~T2~,CRA
"" 01\ S.dt-'lf'.lc~\ s..C~-Sc~"tk RUl:~H"('
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
BOYNTON BEACH, FLORIDA
Project Title: BOYNTON HARBOR l\iARINA FUEL DOCK RECONSTRUCTION
(Project)
Name of Proposer: :.! \ l'\Il '""16~'i^~\
Date Submitted: g 1 \ 11 '2., c ~ 0
We propose and agree, if this proposal is accepted, to contract with the Boynton Beach
Community Redevelopment Agency, in the Contract Form, to furnish all material, equipment,
machinery, tools, apparatus, means of transportation, construction, coordination, labor and
services necessary to complete/provide the work specified by the Contract Documents,
Having studied the documents prepared by: Sea Diversified, Inc
~ \-\ \<. \ -S ~ft.'-I.~ &J~
(Name of Project Manager! ArchitectlConsuJtant'i
And having examined the project site (when indicated in these specifications to do so). we
propose to perform the work of this Project according tathe Contract Documents and the
following Addenda which we have received
ADDENDUM
DATE
ADDENDUM
DATE
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1 ('L7/.....o
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THIS PAGE TO BE SLBMITTED ALO:\G WITH PROPOSAL 1:\ ORDER
FOR PACKt\GE TO BE CO,,"SIDERED COMPLETE A"iD ACCEPTABLE
II
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~~~qY~Te~lC RA
iI b1t SldC'-'lNt:nSl0c:-Scnidc: Fl.e-n:auur1otC
tl.I\.. lV1i:U Ill\,.. '- Vll.J~lu.....\.n.nl, ..--.
3500 S.W, 14th Street
Deerfield Beach, FL 33442
PROPOSAL
The Proposer agrees to accept as full payment for the:
BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
Scope of Work: (Contractor to Write Scope of Work) ~lvle\tt=' ~ t<%?~
::rC\$~. fSl'A.,~, ~~ 3>e~.~Gt o~ '\=O..r=L ~ r'::',.
i kL. L.-C-~L.~ i;. t~(~ :.).~ .~\ 8~~~' ~,., 't E
GRAND TOTAL: $ [.::;:.0 \ ,:;:2';;'::\Cj . S'e;
,"'- ,- .::.
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...
Dollars
and t7-()--
, Cents
(amount written in words has precedence)
The undersigned Proposer agrees to commence work within ten (10) calendar days after the date
of the "Notice to Proceed" has been awarded and shall achieve substantial completion without
interruption within ninety (90) calendar days thereafter.
~
Original and six (6) copies of proposal submitted.
"t.ft""''''
Attached is a computer-generated, horizontal bar chart showing proposed schedule of
work.
v
Schedule of Subcontractor(s) submitted.
t. ;'
"'.
Site Inspection Form submitted.
/
Ir/
Evidence of possession of required licenses and/or business permits submitted.
The undersigned hereby represents that he has carefully examined the drawings and the Contract
including all Contract Documents, and will execute the Contract and perform all its items,
covenants and conditions, all in exact compliance with the requirements of the specifications and
drawings.
The Proposer, by and through the submission of his Proposal, agrees that he has examined and
shall be held responsible for having theretofore examined himself as to the character of the route,
location, surface and underground obstructions, nature of the ground water table, conditions and
all other physical characteristics of the work in order that he may thereby provide for the
satisfactory completion thereof, including the removal, relocation or replacement of any objects
or obstructions which will be encountered in performing the proposed work.
THIS PAGE TO BE Sl'BMITTED ALO:'\G WITH PROPOSAL IN ORDER
FOR PACK<\GE TO BE CONSIDERED COMPLETE A~D ACCEPTABLE
HI
~~:~qY~T2~,CRA
\iI. Lu~ s,t:,,-V'cnS,dt n x.n;d-(: R... <'J.
I Proposal CO/ii
The Proposer, submission of this Proposal, acknowledges that the Proposer has been advised
that in the event that the Proposer contests the award of thlS Project to another Proposer, 'he
Proposer damages, jf any. are limited to ac1ual Proposal preparation costs, and Proposer hereby
waives any claim it may have for other damages coming from the Boynton Beach Communit\
Redevelopment A.gency's failure to award the Project Propose]
Date g ! \1 /2.8\ 0
_.__,___-L..____.. ...-------.--..--
B.K. Marine Construction, Inc.
3500 S.W, 14ih Street
Name ofPropostW~tfdl-$Wr~8h~tftm3M42
~~\ . ~A'\, IY'~id~U:1 ;i
By,'~f!J i JJ(/Vj ~/)
- , .-
j J Signature!
::.1""\ ti\J\ ~~'{~~~
Printed/Typed Name
-~---_."------_.,_._-
..~\~
Title
~S4 .' A. 7- \ - '2..~zJ
Telephone Number
Florida Contractor's License Number: ~~~ oS?. g~O
THIS PAGE TO BE SLBMITTED ALO;\G WITH PROPOSAL 1;\ ORDER
FOR PACKAGE TO BE C01\SIDERED COMPLETE A'\D ACCEPTABLE
I'
,:y/-
11~~eOCRA
.foo\s.i....w.."S....~___c
PROPOSAL BOND
STA TE OF
FLORIDA
COUNTY OF
PALM BEACH
)
)
KNOWN ALL MEN BY THESE PRESENTS, that B.K. MARINE CONSTRUCTION, INC.
as Principal, and Great American Insurance Company
. as Surety, authori2ed to
do business in the State of Florida are held and finnly bound unto the Owner, Boynton Beach
Community Redevelopment Agency in the penal sum of Five Percent of Amount Bid
Dollars ($ 5% ) lawful money of the United States, for the payment of which sum
will and truly 10 be made, we bond ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITON OF THIS OBLIGATION lS.SUCH, that whereas the Principal has
submitted the accompanying proposal, dated August 17, 2010
,~,for:
BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
NOW THEREFORE,
A. If the Principal shall not withdraw said Proposal within ninety (90) days after
date of opening the same, and shall within ten (10) days after the prescribed
forms are presented to him for signature, enter into a written Contract with the
Owner in accordance with the Proposal as accepted, and give bonds with goods
and sufficient surety or sureties, as may be required, for the faithful perfonnance
and proper fulfillment of such Contract, then the above obligations shall be void
and of no effect, otherwise to remain in full force and effect.
B. In the event of the wilhdrawal of said Proposal within the period specified, or the
failure to enter into such Contract and give such bonds within the time specified,
if the Principal shall pay the Owner the difference between the amount specified
in said Proposal and the amount for which the Owner may procure the required
work and supplies, if the laner amount be in excess of the fonner, then the above
obligationsshaU be void and of no effect, otherwise to remain in full force and
effect. .
C. This bond is given to comply with Section 255.05, Florida Statues, and any
action instituted by any claimant under this bond for payment must be in
accordance with the notice and time limitation provisions in Section 255.05(2),
Florida Statues.
TOIS PAGE TO BE SUBMITTED A.l..Ol'iG WITH PROPOSAL L'" ORDER
FOR PACKAGE TO l!E CONSIDERED COMPLETE AND ACC!.PT ABLE
\I
~
i~RY~8~ICRA
.bn_-~~-Sc.4ck ~
(Proposal Bond Continued)
IN WITNESS WHEREOF, the above bounded parties have executed this instrument
under their several Seals this ~ day of August , 20~ being hereto
affIxed and these presents duly signed by its undersigned representative, pursuant to authority of
its governing body.
PRINCIPAL:
B.K. Marine Construction, Inc.
WITl\'ESS:
Name of Firm
(If sole Ownership or Partnership, two (2) Witnesses are required,)
(If Corporation, Secretary only will attest and affix Seal.)
Witness Signature
Witness Signature
~' i~ ,~~.
( ",~, A L "J' /I:,{./"\ ..
'... /)""" F'./ "-L.-/V, (.../v \.-,-/
~ignl}iure'of Autborized officer (Afflx Seal)
"J-iiii' Bryant, President
Title
3500 Southwest 14th Street
Business Address
Deerfield Beach, Florida 33442
City and State
SURETY:
Great American Insurance Company
Corpor2te Surety
(If se're0'l'nership or Partners ip, two (2) Witnesses are required,)
(If.forport~ecretarY on will attest and affix Seal)
~ ,\/)j/~
. iM- Y It
W' ,Jignature /'-..J
~D~
Attorne)'-in-Fact (AffiJ. Seal) Charles D. Nielson
Nielson, Hoover & Associates
Name of Local Insurance Agency
580 Walnut Street
Business Address
Cincinnati, Ohio 45202
Of)' and State
'j'
r
L
WITNESS:
nllS J'AGE TO BE SVBMITTED ALO:-.'G WITH PROPOS,~L IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCU'T ABLE
VI
GREAT AMERICAN INSURANCE COMPANY
Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FIVE
No.O 17715
POWER OF ATTORNEY
KNOW ALL MEN BYTHESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below. each
individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said
Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; for all obligees
including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages
and/or final estimates; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this
authority shall not exceed the limit stated below.
CHARLES J. NIELSON
CHARLES D, NIELSON
WARREN ALTER
GLORIA MCCLURE
Name
MARV C. ACEVES
Address
ALL OF
MIAMI LAKES. FLORIDA
Limit of Power
ALL
$75,000,000.
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 29TH day of JUNE 2009
Attest GREAT AMERICAN INSURANCE COMPANY
DAVID C. KITCHIN (513-412-4602)
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 29TH day of JUNE 2009, before me personally appeared DAVID C, KITCHIN, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company;
that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company,
and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated June 9, 2008,
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional
Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time. to appoint one or more Attorneys-in-Fact to execute
on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof;
to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary
of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract
of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the
original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect
as though manually affixed.
CERTIFICATION
I. STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power
of Attomey and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 17th day of August 2010
S1 157K (10108)
~~ ~qY~T2~C RA
~Ln ~(:k-\\lt:n~ldt"-Xlo),d~ fI.r'\J.'}H";'~
CERTIFICATE AS TO CORPORATE PRINCIPAl.
/--..\
./ t !
<"', -...L..
1, \'~ \::Jev \
,.--\--
,
.../
\ )
T\E U'\ L'\ e..ci..s-:/fertify :ha1:
, '
e
i
1 am the Secretary of the Corporation named as Principal in the within bond:
--r- . T' J
__ f n'\ \::') rL.{' }Ci-v'\. r _____________ who signed the said
/
Bond '"'"' on " behalf;
f-:;1z~~~71
1.he
F'nncipal
was
Proposal
then
e
___________ of said Corporation:
e I know his signature and his signature hereto ]s genuine
e Said bond was duly signed, Sealed and attested for and in b~h..~J#/$al'a C;rp~~-~}}on b)
~~"--~--,---,_.
authority of its governing, bodv.- .,--.;- . .,' ~,- .
. ~ ~.. .' \,
Seh~tiry ,
)/ ,.
\. /'\ ,// ,/
,~/ (Corporate Seal)
COUNTY OF
1
'--10 ih-' A /)
~.~~
/~ ,,'
6'< "
/~v'()-;.A(
STATE OF
~BeI~rem':J- N~ry Pu~J;c dU; ~OJ:mls~oncd. qualified and action. pmonally appeared
-K'otJP/r-/ 0 /*:2,lllp~1 __________tome\\ellknown.
, i
who being by me first duly sworn upon oath. says that he is the Attorney.in-Facl. for the
See. r ;:J/tL.-b/' ..- ' ..
been aut~orized by ::J/,/n ~ <rU'i~/,i -l-----~; ::~cute~~-~ foregoing bond on
I
behalf of the Contractor named therein ifl favor for the Owner. the Bovnton Beach Community
i . ..
,
and that he has
Redevelopment Agency,
,/
/) --
. / ~ .~,
/~/ ". ,// \
// /1
/r'=\ -U/ /
/' ~~v I ....-
" /
I _""H" / R~"BY E ",lh;'\!ic;G-=-,t
,f""'~"i'''' / '.J.' ""d,..' " !~
\l';:"'~'~ MY COMMISSION t, iJD 7:~2( it
\;:',,"~,,ZtiJ EXPIRES: July ,';:',,2 ,," :~
\\~:(~,'.;:' o~...'" Bonded Thru Notary Pu:;.:~ url'.;;;!\..h'. ,.; \ t;,
iL:::~I'~lIt~~- _~~4.~
~~'VIF..l'~~~Ll
/
,/
THIS PAGE TO BE SLBMJTTED ALO'\G WITH PROPOSAL 1'\ ORDER
FOR PACKAGE TO BE CO'\SIDERED COl\1PLETf A'\D ACCEPTABLE
'II
~t:~
~~~qY~T2~\CRA
II: ga Side -WI::tt SidC''' Sc;uidc ~ rQl)lanu
STATEMENT OF PROPOSER'S QUALIFICATIONS
Each Contractor submitting a proposal on work included in these General Documents shall
prepare and submit the data requested in the following schedule of information.
This data must be included in and made part of each Proposal document. Failure to comply with
this instruction may be regarded as justification for rejecting the Contractor's proposal. (* Attach
additional sheets providing the information.)
2.
Business Address:
B.K. Marine Construction, Inc.
3500 S.W. 14th Street
DeerfieJd Beach, FL 33442
I.
Name of Proposer:
"t
.J.
When Organized:
\' s....,-,.. ~
; ~...::;.
4.
Where Incorporated:
tLo~ \~~
5.
How many years have you been engaged in the contracting business
under the present firm name?
0\
years
6, General character of work performed by your company:
~qE~W~\:\..--s. ' ""D~\-<~ (U)c():b.&~~) \~~-S c..fRS
.. ' '
\J\i..CS (~~e<<1?-n;1 ~~~ \ G:)Clrj)) \~~~\i
~-t\12..lJ ~.., ~-e-\ ~'\OEL l~~iit\t~ \ ~ \.! W'\ \~<<\
t\. Vl~'(L- -$ek\)~Urs
7. Enclose evidence of possession ofrequired licenses and/or business permits. *
8.
Number of Employees:
10
9. Background and experience of principal members of your personnel (including officers), *
10. Bonding Capacity:
C""'-\; 5 ,~,;C~-.' cc,t:> ~.~
11.
Have you ever defaulted on a contract? If so, where and \vhy? *
Yes
~ No
] 2. Experience in performance:
Proiect
$ Value
Contact Name
Phone #
A...,L. .< :.. fri' " f. J.:.-.,
c:::.~ ~ \ .:'~,f.L~.: A t- .' ':~I.!I...z..:..:.-'-~
1\1; ~.J+
-'?
"'--
\~'J.::::LC1. e.;;
\ "
$
THIS PAGE TO BE SLBMJTTLD ALO\G \'ITH PROPOSAL I~ ORDER
FOR PACKAGE TO BE CO~SIDERED COMPLETE Al'iD ACCEPTABLE
"Ill
Customer
Boynton Mariner Village Assoc,
314 NE 3rd Street
Boynton Beach, FL 33435
561/738-0061
City of Boca Raton
Attention: Drew
201 W. Palmetto Park Road
Boca Raton, FL 33432
561/393-7871
C"C,
Windsor Redevelopment Corp, "1 ~. j... '".0: ~:; ,"
Attention: Tim Butler
303 Scarlet Blvd.
Oldsmar, FL 34677
813/299-9270
James Terlizzi
#8 Driftwood Landing
Gulfstream, FL 33483
561/346-2593
.,;"\~ i~
..-._~ .....~
Jupiter Pointe Marina ~~ .
18701 SE Federal Highway
Tequesta, FL 33469
561/743-0014
Addison Construction Corp, c cce"
Attention: Ken Miller
215 5th Street, Suite 100
\Vest Palm Beach, FL 33401
561/802-4411
Lauderdale Yacht Club
Attention: JeffNunner
1725 S,E. lih Street
Fort Lauderdale, FL 33316
954/519-9918
".. .." \.~ '--..
PrOject
Bovnton Mariner Villa2.e
61 j NE lih Avenue ~
Bovnton Beach. FL
Silver Palm Park
600 Palmetto Park Road
Boca Raton. FL
V1l1a Oceana
940 Sweetwater Lane
Boca Raton, FL
#8 Driftwood Landing
Gulfstream, FL
18701 SE Federal Highwa)
Tequesta, FL
1220 Ocean Blvd
Palm Beach, FL
1725 SE 1 ih Street
Fort Lauderdale. FL
Bay Colony Club
Attention: Joanne
6333 Bay Club Drive
Fort Lauderdale, FL 33308
954/491-4040
,"-~ \'-\. ,','," ,,-
~. J ~~ . 0 0~::; ~-
Calvin, Giordano & Associates .,\"" 12:?; <; ", S ,..-'
Attention: Don Windham
1800 Eller Drive, #600
Fort Lauderdale, FL 33316
954/921-7781
6333 Bay Club Drive
Fort Lauderdale, FL
Aqua Isles
Griffin Road East of St. Rd. 7
Dania, Beach, FL
DEPARTMENT OF BUSINESS ,i"JC PRCFESSIONA" REGULATICN
CONSTRUCTION INDUSTRY LICENSING BOARC
1940 NORTH MONROE STREET
TALLAHASSEE FI, 32399 078~.,
5
487
qc.
BRYANT, CHRISTOPHER SCOTT
B K MARINE CONSTRUCTION INC
3500 SW 14TH ST
DEERFIELD BEACH FL 33442
Congratulations I With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong
Every day we work to improve the way we do business in order to serve you better
For information about our services, please log onto www.myfloridalicense.com
There you can find more Information about our divisions and the regulations that
impact you. subscribe to department newsletters and learn more about the
Department's initiatives
Our miSSion at the Department IS License Efficiently, Regulate Fairly, We
constantly strive to serve you better so that you can serve your customers
Thank you for doing business in Florida. and congratulations on your new 'icense'
DETACH HERE
AC#
5T ATE OF FLORIDA
- -- ~
DEPARTMENT OE-}'aaSnqESS}~D PROFESSIONAL REGULATION
. ~,,'P9~S~;~UCW';:G"j~ ~f!DW;STRY LICENSING BOARD
__.~.__~_ ~.=- ;-;:~ ,-_-:=:...-:.; ::':2-.- _=::_=;:-:..=
SEQ# L08080601833
08/06/2008 070520466 _CG~05~820
The GENERAL CONTRACTO#' _ .,~
Named below IS CERTIFI'$:.l?,",.c
Under the provisions Cff;Chapj:er 489 FS.
Expiration date: AUG 3r, 2010c
BRYANt ,.CHRISTOPHER SCOTT
B KMARINECONSTRUCTION INC
3500~ SWP-14,TH>:ST
DEERFIELDBEACH FL 33442
-=
CHARLES W. DRAGO
SECRETARY
CHARLIE CRIST
GOVERNOR
-
-.,....- -
_" ",-. c - '-."
-= DISPL~Y~A~~~QUIRED BY LAV\}
,",Ulle' IVI. UC:U II lUll, I a^ ",vmn:;~u.n
P.O. Box 3715
West Palm Beach, FL 33402-3715
WWW.TAXCOLLECTORPBC.COM Tel:(561) 355-2272
Q K MARINE CONSTRUCTION INC
YANT CHRISTOPHER SCOTT
,,000 SW 14TH ST
DEER FIELD BEACH FL 33442-8139
Account Number: 2000-12395
Dear Business Owner:
This is your new local business tax receipt. Please keep the upper portion for your records and,
detach the bottom of this form. Verify the information and display it conspicuously at your place
of business, open to the view of the public.
This receipt is in addition to and not in lieu of any license required by law or municipal
ordinance and is subject to regulations of zoning, health, and any other lawful authority (County
Ordinance Number 72-7).
Receipts may be transferred to a new owner when evidence of a sale is provided; the original
receipt is surrendered and a transfer fee is paid.
Receipts may be transferred to a new location when proof of zoning approval is provided; the
original receipt is surrendered and a transfer fee is paid.
Business name changes require a new receipt.
This receipt expires on September 30, 2011. Renewal notices are mailed at the end of June.
If you do not receive the notice by the end of July, please let us know.
hope you have a successful year.
~11t.~
Tax Collector
,,,,,.,. DETACH AND DISPLAY BOTTOM PORTION, AND KEEP UPPER PORTION FOR YOUR RECORDS ,.,.,.,.
2000-12395
ST A TEOF FLORIDA
PALM BEACH COUNTY
LOCAL BUSINESS TAX RECEIPT
EXPIR,ES: SEPTEMBER - 30 - 2011
CW-001
CLASSIFICATION
B K MARINE CONSTRUCTION INC
BRYANT CHRISTOPHER SCOTT
LOCATED AT
C/WIDE
369.60
__~n._'."" n_..... n_
3500 SW 14TH STREET
DEERFIELD BEACH FL 33442-8139
TOTAL
369.60
THIS IS NOT A BILL - DO NOT PAY
This receipt is hereby valid for the above address for the period
beginning on the first day of October and ending on the thirtieth
day of September '0 engage in the business, profession or
i occupation of:
GENERAL CONTRACTOR
CG CD52820
PAID. PBC TAX COLLECTOR
369.60 BTR 049 01592169 07/20/2010
ANNE M. GANNON
TAX COLLECTOR, PALM BEACH COUNTY
THIS DOCUMENT IS VALID ONLY WHEN RECEIPTED
BY TAX COLLECTOR
'~l?:Y~T2~iCRA
Ii b,~ Sidl;-%H $Hit.S<::1';d-c Rt"',~l1nc>;;:t
(Slalement Proposer's Qualdicallons C
viCE? !\-Er~QlE1;)
13, Experience in performance:
Proiect
$ Value
Contact Name
Phone #
s ,c\.....)-
__ .~_.;.....>i;..... ~ ~(..'L': \: \. .;,~.-I.:.~;~:
s
s
s
s
14. Contracts on hand. *
15. Largest completed projects (include final cost).
$ Final Cost
1 )
.k ':::> \-\8' '2\l.\~
\ , I "I
'2-DDb ')
LO~O\~tl
2)
4-31:; \ 2.0 \b;:~
3 ) i1 ~ ~1'" t'(It\-k.! rJ t\ ~ fn~'-n:2-' M \ + 1. .,~:35 , '>5~ ;..,-;(
~" \.::'\u.~~b..E;~i.. e\s4 ~ G~- \.~GJCb)
16. List all lawsuits (design and/or construction related) or arbitrations to which you have been
a party and which:" :,'-,,(..
1) Arose from construction projects, *
2) Occurred \.\ithin the last four (4) years ~
3) Provide case number and s1\ le,*
1"\ ~ jJ A " (, ,,/1 .~ ,i~ u..--J,.
Dated at: J..&~o:)/ .~
I .--; 1/-" ...L
This t / day of ~J- ,20/e
/----" , /J /l
By: \ \c-1?)1 /\ { r) V''-'l a....--. ~
~ritt~ Signature C -
'--_/~ . --;:; -I-
N a me: '0 1 If')"';( r\(--i'-'1" 4-;/7; !
Printed.or Typed - I
/! . . \
?/ A' A ~ ii / . f-
I ,/ Uv~/<,./t
Title
THIS PAGE TO BE SLB'V1ITTED ALOl\G WITH PROPOSAL 11\ ORDER
FOR PACKAGE TO BE CO:\SIDERED COMPLETE A:\D ACCEPTABLE
IX
.,~;,.~
or;:r::-
fi~~qYjf2~lCRA
. bn Sidc-'oNl:)tSld~-Sc...udc llcr.3l,unc,e
PROPOSER'S SITE INSPECTION CONFIRMATION
Each Contractor submitting a proposal on work included in these General Documents shall
prepare and submit the data requested in the following schedule of information.
Check One:
o Non-Mandatory
X Mandatory
Project Title: BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
Proposal Number: #CRA- 2010-001
~
...
as an authorized representative of
(hereinafter called the Proposer) located
at
Name of Company
B.K. Marine Construction, Inc.
3500 S. W. 14th Street
Deerfie1d Beach. FL 33442
and that said
Company Address
Proposer has visited the site of the work and has carefully examined the plans and specifications
for said project and checked them in detail prior to submitting his Proposal or Proposal.
qJr 6b' ~
si~re of Company RepresZtive Named Above
~ /. I
,'x) /2./ I.C
, "
Date of Inspection
Owner's Representative (Signature for Mandatory Only)
THIS PAGE TO BE SUBMITTED AL01\G WITH PROPOSAL 11\ ORDER
FOR PACK"'GE TO BE CONSIDERED COMPLETE A1\D ACCEPT ABLE
x
~~Ji:Y~T2~C ~
Ifj ~I Slldc-\'Vt:~15Idc~~~11~C RJ:-f\.;!.~nr,,;
STATE OF
NONiCOLLUS]ON AFFlDA vn OF PRIME PROPOSER
:_"f/\ '/
~0-;~;_/ ___~_,____
A. ,":'
,.6' 'if, A: ..P' . - I ,:
/~~"/../ ~:-A-'~
COUNTY OF
0-;
"",,/ II'll
1.
~ .J
Dlf"'0'8-rl T
He is i::J.-f~~f
(Title)
the proposer has submirted the attached ProposaL
, beinJf first duJy swom deposes and says that: r- ,
:/ '7}" ~ i ,'-'
,;) I i / ,/' ,,' ,-L ~" '-
of p ,K ,,j ;!')~"~JV . "#-7 / ;t,~:.A <"I
(Name of CorporationlFirm)
2)
He is fully informed, respecting the preparation and contents of the artached Proposal and
all pertinent circumstances respecting such Proposal:
3)
Said Proposal is genuine and is not a collusive or sham Proposal:
4)
Further, the said Proposer nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this Affiant, has in any way colluded conspired,
connived or agreed. directly or indirectly, with any other Proposer, firm or person to
submit a collusive or sham proposal in connection with the Contract for vvhich the
attached proposal has been submitted or to refrain from bidding in connection with such
Contract. or has m any manner, directly or indirectly, sought by agreement, collusion,
communications or conference with any other Proposer, firm or person to fix the price or
prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit or
cost element of the Proposal price or the Proposal price of any other Proposer, or to secure
through any collusion. conspiracy, connivance or unlawful agreement any advantage
against the-------' (Local
PubJic Agency) or any person interested in the proposed Contract: and
5)
The price or prices quoted in the artached Proposal are fair and proper, and are not tainted
by any collusion, connivance or unlawful agreement on the part of the Proposer or any of
its agents, representatives, owners, em,~r parties in interest. including this Affiant.
, ,
!. ,'~'J ~
~~1J (' 0 ..-U.-;fa.....-~ i
/' ~ ~ --.....
gnatur:,e-j ~.
J-:f) ~J .: ,/ ;::;7
Title'
Subscribed and sworn to before me,
r
j- I / ~
This I / day of tt::U~Ft--,,,/i
~ /1
f/
My Commission Expires:
,20/ D
I
:::/
/'
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~ ~ "./; "
:" ~I/< /;;J,./~~~?-'''/:'l''
../ i~//--- ::~>,/ t~/ ..7 c'
THIS PAGE TO BE SLBMITTED
FOR PACK.A.GE TO BE CO~SIDE
~.:C~PLETE ~ liut~t9Y-bLE
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ANTI-KICKBACK AFFIDAVIT
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STATEOF cjJ~/
COUNTY OF l:~j ~J?
)
I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein proposal
will be paid to any employees of the Boynton Beach Community Redevelopment Agency as a
commission, kickback or reward of gift, directly or indirectly, by me or any member of my firm,
or by an officer of the Corporation. ~ d
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By: /~ .....-~/ ~V"
L/ ;i/ ~Sig.nature'
Title
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Title (Printed or Typed)
B.K. Marine Construction, Inc.
Company ~9t&IWr 'F!tpe8treet
Deerfield Beach, FL 33442
Subscribed and sworn to before me.
This -0- day of O~
V
My Commission xpires:
, 20 / 2).
//
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LIC tate of Florida at Large
_ ,. _ _ . - -~E,MINN\6KS ,.. ,"
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/~~~MY,~~ M'I CO""M\SS~OI '~, ZQ1't
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"Official Notary Seal" Stamp
THIS PAGE TO BE SUBMITTED ALO~G WITH PROPOSAL l~ ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
XII
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SCHEDl'LE OF SUBCONTRA.CTS
Proposers are 10 submit a detailed listmg of any Subcontractor(s) participation of any portion of
this project for any reason,
Project Title:
BOYNTON HARBOR MARINA FUEL DOCK
RECONSTRUCTION PROJECT
Main Contractor Name:
B.K. Marine Construction, Inc.
3500 S.W, 14th Street
D€erfi@IEI Beach, FL 33442
Proposal Number: # CRA-2010-001
Name/Address/Phone of
Subcontractor
Type of Work to be
Performed I Dollar Amount I
% of Total
Name:
i \ r "_' " ' '.' , r.:: ,.-', ,',
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Phone:
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Name:
Address:
Phone:
Name:
Address:
Phone:
.L.
THIS PAGE TO BE SLB'\1ITTED ALOl\G WITH PROPOSAL '1\ ORDER
fOR PACKAGE TO BE CO'\SIDERED COMPLETE AI'D ACCEPTABLE
X III
,;~qY~T2~CRA
ill bn Sidc-w.:~lSH:!t-Sc;uiclc Rc~ln:::mu:
B.K. Marine Construction, Inc.
3500 S. W. 14th Street
Deerfield Beach, FL 33442
CONFIRMATION OF DRUG-FREE WORKPLACE STATEMENT
IDENTICAL TIE PROPOSALS
Preference shaJJ be given to businesses with drug-free workplace programs. Whenever two (2) or
more proposals, which are equal with respect to price, quality and service, are received by the
Boynton Beach Community Redevelopment Agency or by any political subdivision for the
procurement of commodities or contractual services, a proposal received from a business that
certifies that it has implemented a drug-free workplace program shall be given preference in the
award process. Established procedures for processing tie proposals will be foJJowed if none of the
tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:
1) 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 the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business' 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) Give each employee engaged in providing the commodities or contractual services that are
under Proposal a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under proposal, the employee
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 of any controJJed
substance law of the United States of America or any state for a violation occurring in the
workplace no later than five (5) days after such conviction.
5) Impose a sanction on or require the satisfactol)' participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee
who is so convicted.
6) 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.
(\ \.~ Q
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Title
THIS PAGE TO BE SlBMITTED ALO~G WITH PROPOSAL I~ ORDER
FOR PACKAGE TO BE CO~SIDERED COI\IIPLETE A!\D ACCEPTABLE
XIV
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This Page Was lntentionalh Len BlanK
THIS PAGE TO BE Sl'BMITTED ALO!\G WITH PROPOSAL 1'\ ORDER
FOR PACKAGE TO BE CO",SIDERED COMPLETE A'-'D ACCEPTABLE
X\'J
BID PROPOSAL - A TT ACHMENT A
Boynton Harbor Marina
Fuel Dock Reconstruction Project
July 2010
Page 1 of2
(Re\'. July 27, 2010)
Bid Submittal to:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, Florida 33435
Bidder / Company:
Name:
Address:
B.K. Marine Construction, Inc.
3500 S.W. 14tl; Street
Deerfield Beach, FL 33442
Contact Person:
Title:
Facsimile:
954- 4L \ . 2-~ 2\
95~-4-t..\ - Sl~
Phone:
Date:
~,i \. !-Z.C\D
3.
The BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement
with the OWNER to perform all work as specified or indicated in the Contract
Documents and Plans / Specifications for the Contract Price and within the Contract
Time indicated in this Bid and in accordance with the other terms and conditions of the
Contract Documents.
BIDDER accepts all of the terms and conditions of the Advertisement or Request for
Proposals and Instructions to Bidders. This Bid wi}] remain subject to acceptance for
ninety (90) days after the bid opening date. BIDDER will sign and submit the Agreement
with all other documents required by the Bidding Requirements within ten (I 0) days after
the date of OWNER's Notice of A ward.
In submitting this Bid, the BIDDER represents that:
a. BIDDER has examined copies of all bidding documents including a}] of the issued
Addenda, receipt of which is acknowledged as follows:
1.
2.
, Date:
, Date:
, Date:
b, BIDDER has familiarized itself with the nature and extent of the Contract
Documents, work site, location and all local conditions and Laws and Regulations
that in any manner may affect cost, progress or performance of the work.
inn PROPOSAL c\TTACHMFi\'I.\
Boynton Harbor \larina
F \I el Dock Reconstruction Project
Juh201(l
Page 2 of 2
,Re\,Juh ,- 201(\1
c. BIDDER has obtained and carefully studied (or assumes responsibility for ubwining
and carefuJ]y studying) aJ] reports, plans and specifications, pennits, 'une)s,
explorations, tests and studies that pertain to the subsurface and physical conditions
at the site that in any manner may affect the cost, progress or perfonnance (>1' the
\",ork at the Contract Price within the Contract time, No additional examinations.
investigations, explorations, tests, reports or similar information or data are I'l \\ ill be
required by BIDDER for such purposes,
d, BIDDER has given O\\l1\'ER written notice of aJ] conflicts, errors or discrepancies
that it has discovered in the Contract Documents and Plans and Specifications and the
written resolution thereof by OVvl\TER is acceptable to BIDDER
4. BIDDER agrees that the construction of the Project wjll be substantially complete within
ninety (90) days from "Notice to Proceed"
5, BIDDER agrees that all Federal. State and local sales and use taxes are included in the
stated Bid prices for the work
6, BIDDER further proposes to accept as full payment for the work proposed herein the
amounts computed under the provisions of the Contract Documents and based on the unit
prices provided in the Bid Schedule, Unit prices represent a true measure of labor.
materials, equipment and any other incidentals required to perform the work. including
all allowances for overhead, profit for each type and unit of work, The amounts shall be
shown in both words and figures and in case of a discrepancy, the amount shown in
words shall govern
/, Bid Schedule: For the foJlovling, the BIDDER shaJ] furmsh all tools. materials, labor and
any other incidentals required for the replacement of the timber fuel dock in accordance
with the Plans and Specifications:
B.K. Marine Construction, Inc.
3500 S.W. 14th Street
Deerfield Beach, FL 33442
Bidder / Company Name
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Sigliature G
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Printe.d[Tvped Name /
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Telephone Number
CGt~ D5:L % "LO
Florida Contractor's License Number
BID SCHEDULE. ATTACHMENT B
Boynton Harbor Marina Fuel Dock Reconstruction Project
July, 2010
. . . . . . . . . . . . . . . . . . . . . . . . . . . . : -: -: aID:-:-: .:-: ONIT-:-: . . . . . . . . . . . .
'.'NO,'. .:.:.:.:.:':':.:.:. p~~~tp.TION:,:.:,:,:,:,:.:,:.: 'QUANTlt'Y' :-~~!T' :- : .pRICE' :- :.:'~!I:!.A~U~1':':
1 Mobilization 1 Demobilization 1.0 LS (~i? ~ (,s::C -
2 Utility Pedestal Removal 1 Reconnection 1,0 LS ~ ~ 2Sr..:c., .'-
""~
3 Removal and Disposal of Existing Structures 1,0 LS -1- ..... _'Z.~2 .-
~::>
Dock Reconstruction - Cross Members, :A: '5c
4 250+1- LF ~ i'2.g c."~J ::!;iL . ~;.: \ it. -
Stringers, Hardware - Materials and Labor
"IPE" Piling Wrap, Pile Caps and Fenders - {,- c) ,,-::~:ql: ,g'i..).
5 22,0 EA ..:\ ..-;:~ "1. (p .-?:L- ..-
Materal and Labor
6 Cleats - Furnish and Install 40,0 EA ~ (ow.\:.:-;:;' q=-- r 'k~c .'-
"-
7 Ladders - Furnish and Install 5,0 EA ;i: 5.:.>(: iJ.:... I .:("[:t:::: -
.(~.:-' "
8 Final As-Built Survey 1,0 LS '" i ; ~~.f.,;e'~ --
,~
:"'<b5~S J;;.i..) :~-+
Total Base Bid ~ -
Total Base Bid in Writing: .-:-~ '.....\-~..\....:. \.~L'"~~\;'Sc'<u..''''c,,'>~~\ i_~~:-'C \\...v,,__d--.l,-f~
./i.;:'!I- bJ.,\i\.\..~~ ~~(J,:tj.J~L~ *~';~:J::;,-\ \~':-L<"~-S":' '--,
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ADD ALTERNATE - FUEL DOCK EXTENSION
Includes demolition of existing structure, dock
reconstruction, timber pile wrap, pile caps, fenders and
cleats, Materials and labor.
BID
QUANTITY UNIT
BID AMOUNT
30+1- LF
,
~ ~"--1~~~-;~;, \6
,
Notes:
1
Bid schedule has been prepared to include major components of work, It shall be the contractor's
responsibility to review plans and specifications and to bid accordingly,
B () It(,, M~l]:i]] ~ (CtT) ns itr t] CtJH:JI\I1 <; illll <I~ ,
- .. -,I
STATE liCENSED MARiNE CONTRACTORS
#CG C05282C
Jl)O([KS &. SEA W ALL~
REPAKRS Of AJLL KlI:\IJS
PTIUNG wmu.;.
Wood-Concrete
B.K.MARINE CONSTRUCTICN, INC,
QUALIFICATION STATEMENT AND FACT SHEET
OFFICES:
3500 S.W. 14B Street
Deerfield Beach, Florida 33442
(954) 421-2321- or 1 800) 932-0122
B. K. Marine Construction, Inc. was incorporated on January 9, 1978 lD the
State of Florida. The owners are Jim Bryant and Robert Kennedy.
The qualifying agent is Christopher Bryant, Vice President, License Number
GCG052820.
B. K. Marine Construction, Inc. 1S a Certified General Contractor in Lhe
State of Florida.
B. K. Marine Construction, Inc. is capable of performing the following
work:
1. Marina Construction.
2. Pile Installation:
. Prestressed concrete piles.
. Steel sheet piles.
. Auger piles.
. Pressure injected footing ( PIF)
3. Pile Repair:
. Jacket wraps.
. Epoxy injectior:.
. spoxy coating.
4. Seawall construction and repair:
. Ocean seawall.
. Inland vertical bulkhead.
. Ocean and inland rock revetments.
. Reef and jetLY construction.
5.
Dock Construction:
. Woed, concrete, and aluminum docks.
. \>Jood, concrete, and aluminum plers.
3500 s,w. 14TH STREET 0 DEERFIELD BEACH, FLORIDA 33442 . OFFICE (954) 421-2321 . 1-800-932-0122 ' FAX (954) 427-5168
6. Dredging by clam bucket, dragline and hydraulic.
7. Bridge Construction.
8. State and Federal Permits.
~. K. Marine Construction, Inc. has never been subject to liquidated
damages or failed to complete a project.
B. K. Marine Construction, Inc's bonding capacity is four (4) to six (6)
million dollars.
B. K. Marine Construction, Inc. has completed the constructed projects as
shown on the attached list.
The following list is our trade credit references, which may be contacted:
1. powermix Industries
3500 S.W. 14th Street
Deerfield Beach, Florida 33442
(954)- 421-1700- or 1 (800)- 562-0122
2. Cemex/Rinker Corporation
1501 Belvedere Road
West Palm Beach, Florida 33406
(954) 977-9222
3. Wilco Construction, Inc.
28 North Causeway Drive #1
Fort Pierce, Florida 34946
(772) 460-6928
4. Tarmac America
P.o. Box 8648
Deerfield Beach, Florida 33442
(954) 425-4215
BANK REFERENCES:
Metro Bank
4820 North Federal Highway
Lighthouse Point, Florida 33064
(954) 725-9009
BONDING COMPANY: (Great American Insurance Company)
1. Nielson, Alter & Associates
Attn: Gloria McC1ure/ Charles Nielsen Jr.
8000 Governors Square Blvd, Suite 101
Miami Lakes, Florida 33016
(305) 722-2663
2. The Mack Group, Inc.
1211 South Military Trail
Deerfield Beach, Florida 33442
(954) 640-6225
WORKING EQUIPMENT
TUG BOATS AND BARGES:
1. B.K. ONE-12' x 25' 6" Single screw push boat (new 1997).100 x 29' steel hull
spud barge.
2. B.K. THREE - 25' 6" Single screw push boat. 120 x 29' steel hull spud barge
3. I GO-U GO TWO - Twin - 25' 6" x 14' screw push boat, 100' x 29' steel hull spud
barge (new 1996).
4. RUBY TOO _ 25' 6" Twin screw push boat (new 2008).120 x 29' steel hull spud
barge.
5. One Work Boat.
CRANES
1. 8 - Link belt 108 crawler cranes, capacity: 45 ton.
HAMMERS
1. 2 - Linkbelt 520 diesel hammers
2. 5 - 4000 LBS. Gravity hammers.
3. 2 - ICE 416 Vibratory hammers.
4. 1- ICE 3414 Vibratory hammer.
5. 1- ICE 22 Vibratory hammer.
6. 1 - V -5 Vibratory hammer.
7. 3 - Auger pile units.
Others:
1. Manufacturing of prestress concrete piling.
2. Lowboy, flatbed trailers, dump and service trucks.
3. Bobcats, air compressors, underwater diving equipment, trac hoes, combination
backhoe I loader, and 2.0 CY capacity front-end loader.
r\C.LC::.L O;;::.1.1"--'-o...J .
Sheehan Pipe Line Construction, Co
2431 East 61st Street, #700
Tulsa, OK 74136
RE: Gulfstream Natural Gas System
$2,200,000.00
2008
Hedrick Brothers Construction
2200 Centrepark West Drive, Suite 100
West Palm Beach, Florida 33409
RE: Plaza Inn- 215 Brazilian Ave
Augers
$ 656,000.00
2008
The Waterways Community Association
21225 Yacht Club Drive
Aventura, Florida 33180
RE: South Marina- Phase 4
Bulkhead Rehabilitation
$ 523,287.00
2008
Westport Shipyard, Inc.
Attn: Colleen Carstens
2957 State Road 84
Fort Lauderdale, Florida
RE: Westport Marina
$3,228,900.00
2008
City of Fort Pierce
Attn: Edward Seissiger
Fort Pierce, Florida
RE: Fort Pierce City Marina
$1,627,000.00
2008
Sheehan Pipe Line Construction, Co
4450 Leonardtown Road
Waldorf, Maryland 20601
RE: Dominican Pipeline
$3,500,000.00
2009
Morganti Group
1450 Centre Park Blvd
West Palm Beach, Florida 33401
RE: Palm Beach Glades Airport
$
54,402.00
2009
Pistorino & Alam Consulting Engineers
717 SW 62nd Avenue
Miami, Florida 33143
RE: Waverly @ South Beach Condominium
$
43,466.00
2009
PHG Builders
9400 South Dadeland Blvd
Miami, Florida 33156
RE: Sheet Steel
$
42,290.62
2009
;:;ererences:
'>"::;;
"- ".....
Lo]ecta
3501 North Ocean Drive
Hollywood, Florida 3301
RE: Positano Marina
Piers and Docks
.1 'oj t j:.,.
Calvin Giordano & Associates
1800 Eller Drive, Suite 60C
Fort Lauderdale, Florida 33316
RE: Aqua Isles Condo
Piers and Docks
935,850. 0
2 07
Pelican Cove
6110 North Ocean Blvd
Ocean Ridge, Florida 33435
RE: Marina
Piers and Docks
~
47/,622.00
Lauderdale Marine Center
East Yard Partners
~h
2001 SW 20Cd Street, 102
Fort Lauderdale, Florida 33315
RE: Marina
Piers and Docks
::; 3,148,219.00
007/2008
Lauderdale Marine Center
East Yard Partners
2001 SW 20th Street, 102
Fort Lauderdale, Florida
RE: Building Area
Marina Construction
67 f OO~rJO
.-., ...., .,... r
5551)
2007/2008
Dream Harbors, LLC
Attn: John Swanson
90 9 10th S t r e e t Sou t h , 1 05
Naples, Florida
RE: Cocoa Village Marina
$1,617,160.00
2007/2008
City of Fort Pierce
100 North US Highway One
Fort Pierce, Florida 349 0
RE: Fort Pierce City Mar na
Bulkhead Replacement
$1,636,926.00
L. Cl 8
References:
Contract Amounts
Boca Land Holdings
361 E. Hillsboro Beach Blvd.
Deerfield Beach, FL 33441
RE: Marina Grande at Inlet Harbor
Augercast Piling
$1,700,000.00
2005
Lighthouse Point Yacht & Racquet Club
Attn: David Stevens 954-942-7244
2701 NE 42nd Street
Lighthouse Point, Florid 33065
RE: Marina
$3,772.950.00
2005
Lauderdale Marina
Attn: Ted Drum
1900 SE 15ili Street
Fort Lauderdale, Florida 33316
RE: Dock
$
257,250.00
2005
Cove Marina $1,310,000.00
1756 S.E. 3rd Court
Deerfield Beach, Florida 2005
RE: Marina
The Las Olas Company
600 Sagamore Road
Fort Lauderdale, Florida 33301
RE: Riverside Hotel Dock
$2,835,836.00
2006
$ 973,831.00
2006
$ 89,240.00
2006
$ 90,350.00
2006
17th Street Marina
Attn: Ron Mastriani
1500 N. Federal Highway
Fort Lauderdale, Florida 33304
RE: Best Western Marina
Cocoa Village Marina
90 Delannoy Avenue
Cocoa Beach, Florida 32922
RE: Marina
M.H. Williams Condominum
Attn: Jim Christensen
2287 W. Eau Gallie Blvd
Melbourne, Florida 32935
RE: Inlet @ Sebastian augers
Stiles Construction, Company
300 SE 2nd Street
Fort Lauderdale, Florida 33301
RE: Miami Dolphins Indoor
Training Facility Augers
$ 390,883.00
2006
PATRICK BRYANT
8116 Apache Boulevard
LOXAHATCHEE, FLORIDA 33470
Cell 954-520-9598
1984 to present:
B.K. Marine Construction, Inc. Field Superintendent, Dispatcher, Pile Driving Forman,
Barge Forman, Pile Driver Helper, Tug Boat Captain, Carpenter
Education:
High School:
Graduated in 1984 from St. Thomas Aquinas High School
References Furnished Upon Request
MATTWOONTON
4716 N.W. 59TH MANOR
COCONUT CREEK, FL 33073
954/520-9519
1990 to Present: B.K. Marine Construction, Inc. Deerfield Beach, FL
General Superintendent / Construction Manager: Responsible for all phases of
construction including but not limited to wood/dock construction, concrete / slab
formation. Supervision of all phases of marina construction including piling,
seawalls, docks etc. Responsible for all phases of inspections, up to and including
the final inspection.
Major Projects:
Lauderdale Marine Center, Fort Lauderdale, FL
The Shipyard, Fort Lauderdale, FL
City of Fort Lauderdale, Annual Waterways Maintenance Contract
Kolter Construction, Pedestrian Bridges at Gardens Point, Palm Beach Gardens,
FL
EDUCATION: Fort Lauderdale Christian School, Graduated 1990
CHRISTOPHER SCOTT BRYANT
6276 Madras Circle
Boynton Beach, FL 33137
(561) 732-5188
1995 to Present: B.K. Marine Construction, lnc., Deerfield Beach, FL
General Superintendent, Piling Superintendent, Responsible for organizing and
scheduling crews and equipment for all types of projects ranging from piling installation
including wood concrete, auger cast, and prestress piling, pin piles, to sheet steel and
bridge construction.
1992 to 1995: Bean Construction, Inc., Daytona Beach, FL
Vice President, Responsible for sales, estimating of projects and office personnel.
1990 to 1992: C.J. Bryant Construction, Inc., Palm Beach, FL
Vice President, Specializing in renovations of private residences, concrete roadway
surfaces and pool decks.
1983 to 1990: B.K. Marine Construction, Inc., Deerfield Beach, FL
Pile Driver Foreman Responsible for the supervision and installation of piling, ranging
from foundation to dock piles. Also responsible for the procurement of materials and
equipment.
EDUCATION: University of Miami, Miami, FL CONSTRUCTION
MANAGEMENT, Blueprint reading and drafting, 1983
Broward Community College, Coconut Creek, FL
Liberal Arts, 1982
LICENSED FLORIDA GENERAL CONTRACTOR: CGC 052820
REFERENCES: A V AILABLE UPON REQUEST
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REQUEST FOR PROPOSAL (RFP)
PROJECT:
Boynton Harbor Marina Fuel Dock Reconstruction Project
July 2010
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PROJECT OWNER:
Boynton Beach
Community Redevelopment Agency
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TABLE OF CONTENTS
Section
I. ADVERTISEMENT FOR REQUEST FOR PROPOSAL....
II. INTRODUCTION AND BACKGROUND...
III. SCOPE OF WORK........
IV. DESCRIPTION OF PROPERTY .....,
V. SCHEDULE.......
VI. REQUEST FOR CLARIFICATIONS OR OTHER QUESTIONS,
VII. CONTENTS OF PROPOSAL...,..,..
VIII. OTHER TERMS AND CONDITIONS ..',
IX. RESERVATION OF RIGHTS,
X. EVALUATION AND RANKING PROCESS.
EXHIBITS:
EXHIBIT I. FUEL DOCK PROJECT AREA AERIAL
APPENDICES:
I - XVI
ATTACHMENTS: A & B
Advertisement for Request for Proposals
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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Boynton Beach Community Redevelopment Agency
Boynton Harbor Marina Project: Marina Fuel Dock Reconstruction
I. ADVERTISEMENT FOR REQUEST FOR PROPOSAL
The Boynton Beach Community Redevelopment Agency (Boynton Beach CRA) is
seeking Proposals for the renovation of the Boynton Harbor Marina (Project). Proposals
will be issued on July 16,2010 and are due no later than August 17, 2010 at 4:00 p.m.
At that time, all Proposals received shall be logged in as having been received no later
than the closing time and date for the receipt of Proposals.
Submit one (1) original and six (6) original copies of the Proposal:
Boynton Beach Community Redevelopment Agency
CRA Executive Director
915 South Federal Highway
Boynton Beach, FL 33435
Clearly mark the outside of the Proposal as: "Marina Fuel Dock Reconstruction Project -
Contractor. "
The successful Proposer(s) will be required to furnish a one-hundred-percent (100%)
Performance Bond and Labor and Material payment bond.
No Proposal may be withdrawn after the scheduled closing for receipt of Proposals for a
period of ninety (90) days. The Boynton Beach CRA reserves the right: to waive minor
informalities in the Proposals; to reject any and all Proposals; to abandon the project; to
re-advertise the Request for Proposals; or to take any other action deemed in the best
interest of the Boynton Beach CRA.
The following instructions are given for the purpose of guiding Proposers in properly
preparing their proposals or Proposals. These directions have equal force and weight with
the specifications and strict compliance is required with all the provisions herein
contained.
II. INTRODUCTION AND BACKGROUND
The Boynton Beach CRA purchased the fuel dock facility and operation in January 2007.
The intent of the acquisition was to provide additional public access to the waterfront as
well as continue operation of the marine fueling facility for boating and fishing that will
welcome Boynton Beach residents to the waterways for generations to come. Future
improvements to the 7,000 square foot slice ofland north of the Two Georges Restaurant
include a new harbor master building, public restrooms and a passive park space.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
2
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The initial marina purchase was financed with money from a bond issued in December
2005. To support restoration efforts, the Boynton Beach CRA also applied for and
received Palm Beach County bond money earmarked to help preserve public waterfront.
III. SCOPE OF WORK:
Contractor shall provide all materials, labor, permitting and maintenance of traffic (both
marine and vehicular) to perform the necessary construction activities to construct the
fuel dock improvements, as specified in the construction plans as prepared by Sea
Diversified, Inc., a consultant to the Boynton Beach CRA. The scope of work (Work)
includes the following:
1) Construction of approximately two hundred and forty (250) feet of fixed dockage
2) Remove and reconnect existing utility service pedestals to facilitate construction
of the new dock
3) Full inspection of site and bulkhead structures to ensure stability.
All construction is to meet or exceed all materials quality specifications. No deviations
from plans will be approved without prior written request, notification to Owner and
formal approval issued by the Owner. Contractor is to provide a full-time Construction
Manager assigned to the Project. Contractor is to provide all storage of materials, either
onsite as approved by the Client or offsite as needed, but at no time are construction
activities to impede access, parking or deliveries to the existing restaurants or other active
marine businesses utilizing the marina. In the event that temporary disruption of activities
is necessitated due to waterward construction, Contractor is to provide written
notification of activity, a schedule of construction activities and a guaranteed completion
date of activities. Contractor shall receive approval of business impact construction
activities prior to initiation of any work activities, To the maximum extent possible all
construction activities should be conducted in a manner to limit any disruption of daily
and routine fuel dock operations,
PROJECT PACKAGES: All requests for a Project package shall be in writing and
accompanied by a $100,00 non-refundable payment. Checks shall be payable to the
Boynton Beach Community Redevelopment Agency. Project packages will be available
beginning Friday, July 16, 20 1 0 at the following location:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
-OR-
Website: www.boyntonbeachcra.com
You may include a company self-addressed, UPS, Fed-Ex or other major shipping form,
which is paid for in advance by you or billed directly to you by the shipping company. In
no event shall the Boynton Beach CRA pay for shipping, delivery or mailing,
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
.3
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The Work included in this project consists of furnishing all tools, materials, equipment
and supplies as well as the performance of all labor, handling, services and incidentals,
including applicable taxes necessary for the Boynton Beach CRA. The foregoing
description is general in nature. The scope of work is more specifically defined by the
construction drawings and specifications.
PERSONAL INVESTIGATION (Conditions of Work) AND OBLIGATION
OF PROPOSER
Each Proposer shall inform himlherself fully of the conditions relating to the construction
of the Project and the employment of labor thereon. Failure to do so shall not relieve a
successful Proposer of his obligation to furnish all material and labor necessary to carry
out the provisions of the Contract.
At the time of the opening of proposals, each Proposer shall be presumed to have
inspected the site and to have read and to be thoroughly familiar with the plans and
Contract Documents (including all addenda). The failure or omission of any Proposer to
examine any form, instrument or document shall in no way relieve any Proposer from
any obligation in respect to Proposer's Proposal. Nothing in this Proposal shall be
interpreted or construed as relieving any Proposer of any obligation to conduct a
mandatory site inspection, as may be required and referenced elsewhere in these Proposal
Documents.
IV. DESCRIPTION OF PROPERTY
The Boynton Harbor Marina, formerly known as the Two Georges Marina, is now a
publicly owned facility located at 700 Casa Loma Boulevard, on the Intracoastal
Waterway east of USI on the north side of East Ocean Avenue and the Ocean Avenue
bridge in Boynton Beach, Palm Beach County, Florida 33435. The navigational location
for the marina facility is Latitude: N. 26 degrees 31 minutes 41.60 seconds and
Longitude: W 80 degrees 3 minutes 13.73 seconds.
The existing Boynton Harbor Marina Fuel Dock consists of 22 irregularly spaced
concrete piles supporting an aged and decaying PT lumber dock/deck structure
approximately 240 feet in overall length. The existing bulkhead adjacent to the fuel dock
consists of concrete panels, concrete king and batter piles and concrete cap. This project
does not include any work pertaining to the existing concrete bulkhead. The intent of the
renovation project is to remove the existing timber dock in its entirety and rebuild the
structure in accordance with the plans and specifications using the existing concrete
pilings.
Tms PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
4
Proposal documents, plans & specifications available at the Boynton
Beach CRA Office, 915 South Federal Highway, Boynton Beach, FL
33435, Fee of $100.00. Checks shall be payable to the Boynton Beach
Communi Redeve/o ment A enc'
Deadline for respondents to submit written questions or requests for
clarifications,
DUE DATE FOR PROPOSALS, Proposals must be received in their
entire b the Bo nton Beach CRA no later than 4:00 .m.
Evaluation Committee to review ro osals and rank res ondents.
Evaluation Committee shall make recommendation to Boynton Beach
CRA Board to select Contractor and award contract. If the contract is not
executed within 30 days, the Boynton Beach CRA shall the right to
terminate the award and select next hi hest ranked ro oser.
s after Notice to Proceed Issued Contractor shall com lete Pro' ecl.
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V. SCHEDULE
July 16,2010
August 6, 2010
I August 17,2010
Au ust 24, 2010
September 14,
2010
90Da
VI. REQUEST FOR CLARIFICATIONS OR OTHER QUESTIONS
All requests for clarification or other questions regarding the proposal must be submitted
to:
Boynton Beach Community Redevelopment Agency Office
Attention: Michael Simon
CRA Development Director
915 South Federal Highway
Boynton Beach, FL 33435
or
Email: SimonM@bbfl.us
All responses will be posted as soon as reasonably possible thereafter. The deadline to
post a question is August 6, 2010 at 5:00 p,m,
The Boynton Beach CRA may issue written addenda regarding the RFP to clarify,
comment upon, correct or as otherwise required to facilitate the RFP process. Should any
questions or requests require revisions to the RFP as originally published, such revisions
will be by formal written Addendum only and posted on the Boynton Beach CRA
website.
No Proposals will be accepted after the RFP closing time and date, and no subsequent
modifications to the Proposals will be permitted prior to selection, except in those cases
where the Boynton Beach CRA or Evaluation Committee requests more information or
clarification from all of the respondents.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
5
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VII. CONTENTS OF PROPOSAL
A. FILLING IN PROPOSALS
1) All prices shall be completed in the proposal and stated in figures. All
proposals shall fully cover all items for which proposals are herein asked and
no other. Proposers shall completely fill out the questionnaire and affidavit(s)
herein contained.
B. REJECTION OF PROPOSALS
1) The Boynton Beach CRA reserves the right to reject any or all proposals,
waive technical errors and/or accept any proposals that are in part deemed as
the most responsive, responsible proposal, representing the most
advantageous proposal to the Boynton Beach CRA. In determining the "most
advantageous proposal", price, quantifiable factors and other factors are
considered. Any or all proposals will be rejected if there is reason to believe
that collusion exists among the Proposers. Proposals will be considered
irregular and may be rejected if they show serious omissions, alterations in
form, additions not called for, conditions or irregularities of any kind. The
Boynton Beach CRA reserves the right to reject any or all proposals and to
waive such technical errors as may be deemed best for the interests of the
Boynton Beach CRA.
C. PUBLIC ENTITY CRIMES
1) Legal Requirements: Federal, State, County and City laws, ordinances, rules
and regulations that in any manner affect the items covered herein apply.
Lack of knowledge by the Proposer will in no way be a cause for relief from
responsibility .
2) On Public Entity Crimes: All invitations to proposal as defined by Section
287.012(11), Florida Statutes, requests for proposals as defined by Section
287.012(16), Florida Statutes, and any contract document described in
Section 287.058, Florida Statutes, shall contain a statement informing
persons of the provisions of paragraph (2) (a) of Section 287.133, Florida
Statutes, which reads as follows:
3) A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not: submit a proposal on
a contract or provide any goods or services to a public entity; submit a
proposal on a contract with a public entity for the construction or repair of a
public building or public work; submit proposals on leases of real property to
a public entity; be awarded or perform work as a CONTRACTOR, supplier,
subcontractor or consultant under a contract with any public entity; or
transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of thirty-
six (36) months from the date of being placed on the convicted vendor list.
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
6
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D. WITHDRAWALS
1) Any Proposer may, without prejudice, withdraw or modify his proposal at
any time prior to the expiration of the time during which proposals may be
submitted. A request for withdrawal or a modification shall be in writing and
signed by a person who submitted the original proposal. After expiration of
the period for receiving proposals, no proposal shall be withdrawn. modified
or explained,
E. CONTRACT
I) The Proposer to whom the award is made shall execute the Contract to do the
work within ten (10) days after receiving such Contract for execution, If the
Proposer to whom the first award is made fails to enter into the Contract as
herein provided, the award may be annulled and the Boynton Beach CRA
may then enter into a Contract with another responsive, responsible Proposer.
Such Proposer shall fulfill every stipulation embraced herein as if he were
the original party to whom award was made,
2) A corporation to which a Contract is awarded will be required to furnish a
certificate as to its corporate existence and evidence that the officer signing
the Contract is authorized to do so on behalf of the corporation.
F. PROPOSAL GUARANTY
1) All proposals shall be submitted upon the proposal formes) herein, or
verbatim copy thereof. Proposals shall be accompanied by an acceptable five
percent (5%) proposal bond, cash, certified check or money order if the
proposal amount exceeds $25,000.00. Said proposal bond is to be furnished
and executed by a surety company of recognized standing, authorized to do
business in the State of Florida, and having a Registered Agent in Florida for
purposes of service of process, The proposal bond amount shall be five
percent (5%) of the proposal price and shall constitute a guarantee that the
contractor, if awarded the Contract, will enter into a written contract with the
Boynton Beach CRA to perform this work pursuant to the proposal. As
indicated above if a proposal/bid bond is warranted.
G. QUALIFICATION OF SURETY
2) The Proposal Bond and the Public Construction Bond shall be executed by a
surety company of recognized standing authorized to do business in the State
of Florida and having a registered agent in the State of Florida for purposes
of service of process. The surety company shall hold a current certificate of
authority as acceptable surety on Federal Bonds, in accordance with U.S.
Department of Treasury Circular 570, current revision, or meet the criteria
established as to acceptable surety companies by the Board of
Commissioners of State Institutions, March 18, 1958, or the equivalent
thereof. A surety shall be deemed not qualified if the surety shall have a
receiver appointed for it, or if it shall declare or file or has filed for
bankruptcy. As indicated above if a proposal/bid bond is warranted.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
7
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H. SUBCONTRACTS
1) If a Proposer subcontracts any portion of a Contract for any reason, the
Proposer must state the name and address of the Subcontractor and the name
of the person(s) to be contracted on the enclosed "Schedule of
Subcontractors". The Boynton Beach CRA reserves the right to accept or
reject any or all proposals wherein a Subcontractor is named, and to make the
award to the Proposer, who, in the opinion of the Boynton Beach CRA, will
be in the best interest of and/or most advantageous to the Boynton Beach
CRA. The Boynton Beach CRA also reserves the right to reject a proposal of
any Proposer if the proposal names a Subcontractor who has previously
failed in the proper performance of an award or failed to deliver Contracts of
a similar nature on time, or is not in a position to perform properly under this
award. The Boynton Beach CRA reserves all rights in order to make a
determination as to the foregoing.
I. DISPUTES
1) In case of any doubt or difference of opinion as to the items to be furnished
hereunder, the Boynton Beach CRA Director's decision shall be final and
binding.
J. BASIS FOR PROPOSAL AND AWARD
1) The proposal price is to include the purchasing and delivery of all materials,
equipment, tools including applicable taxes and all storage facilities,
temporary on-site construction offices, as well as the performance of all labor
and services necessary for the completion of the work except as may be
otherwise expressly provided in the Contract Documents.
2) The Proposer is responsible for reviewing the pertinent state statutes
involving taxes, including, but not limited to sales tax, and complying with
all statutory requirements.
3) Proposers shall enter a price for each item in the proposal (Bid Schedule).
Lump sum prices shall include all work within the limits specified herein or
shown on the drawings.
4) The Boynton Beach CRA reserves the right to award the Contract for the
work described by these specifications in a manner or method which will
produce the most effective cost benefit to the Boynton Beach CRA. The
lower monetary proposal will NOT in all cases be awarded the Contract. The
Contract will be awarded by the Boynton Beach CRA to the most responsive,
responsible Proposer whose proposal represents the most advantageous
proposal to the Boynton Beach CRA, price and other factors considered.
5) In the event of a court challenge to an award by any Proposer, damages, if
any, resulting from an improper award shall be limited to actual proposal
preparation costs incurred by the challenging Proposer. In no case will the
award be made until all necessary investigations have been made into the
responsibility and responsiveness of the Proposer in order that the Boynton
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
8
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Beach CRA is satisfied that the most responsive, responsible Proposer is
qualified to do the work and has the necessary organization, capital and
equipment to carry out the required work within the time specified
K RIGHTS OF THE BOYNTON BEACH CRA: The Boynton Beach CRA
expressly reserves the right to the following:
I) Waive any informality, minor deviations from specifications at a lower price
than the most responsive, responsible Proposer meeting all aspects of the
specifications and consider it, if it is determined that total cost is lower and
the overall function is improved or not impaired.
2) Waive any defect, irregularity or informality in any proposal or proposal
bidding procedure.
3) Reject or cancel any or all proposals,
4) Reissue an Invitation to Proposal
5) Extend the proposal opening time and date.
6) Procure any item by other means.
7) Increase or decrease the quantity specified in the Invitation to proposal unless
the Proposer specifies otherwise.
8) Consider and accept any alternate proposal as provided herein when most
advantageous to the Boynton Beach CRA,
L. ADDITIONAL PROPOSAL FORMS
1) The following pages must be completed and submitted along with proposals
in order for the package to be considered complete and acceptable:
a. Proposer Acknowledgement
b. Addenda
c. Proposal
d. Proposal Bond
e, Certificate as to Corporate Principal
f. Statement of Proposer's Qualifications
g. Proposer's Site Inspection Confirmation
h. Noncollusion Affidavit of Prime Proposer
i. Anti-Kickback Affidavit
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
9
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j. Confirmation of Drug-Free Workplace
k. Statement of No Proposal
VIII.
OTHER TERMS AND CONDITIONS
A. INSURANCE QUALIFICATIONS
1) Submission of Post-Proposal Information. The Notice to Proceed shall be
issued immediately upon the Boynton Beach CRA construction contract
execution and shall be conditional to receipt of the items below. The selected
respondent shall, within ten (l0) business days from posting the
Recommendation to A ward, submit the following:
a. Executed Performance Bond, and Labor and Material Payment
Bond. Use Bond forms provided as attached with appropriate Bond
Numbers. NOTE: The Bonds must be recorded in the records of the
City of Boynton Beach, Boynton Beach, Florida. See notes above
b. Certificates ofInsurance coverages as specified in the contract.
c. Copies of respondent's State of Florida certification and/or
registration for a general contractor and all proposed subcontractors.
d. Copies of occupational licenses for Palm Beach County and the City
of Boynton Beach.
e. Resume of Contractor's Construction Superintendent for this Project.
Failure of the successful respondent to execute and timely return the Contract
Documents, together with bonds, certificates or other items in proper form as
required shall be cause for cancellation ofthe intent to award and withdrawal
of the contract, and may be cause for forfeiture of the proposal guarantee.
The Work may be performed otherwise as the Boynton Beach CRA decides
is in its best interest. In such case, the forfeited proposal guarantee will
become the Boynton Beach CRA's property, not as a penalty but as a
liquidation of damages resulting from the respondent's failure to comply
with the terms and conditions.
2) If requested by the Boynton Beach CRA, the respondent shall be required to
establish to the satisfaction of the Boynton Beach CRA the reliability and
responsibility of the proposed subcontractors to furnish and perform the
Work described in the sections of the specifications pertaining to such
proposed subcontractor's respective trades. Prior to the award of the
Contract, the Boynton Beach CRA will notify the respondent in writing if the
Boynton Beach CRA, after due investigation, has reasonable and substantial
objection to any person or organization on such list. If the Owner has a
reasonable and substantial objection to any person or organization on such
list, and refuses in writing to accept such person or organization the
respondent may, at their option, withdraw the Proposal without forfeiture of
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
10
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Proposal Security, notwithstanding anything to the contrary contained in the
Proposal Documents, If the respondent submits an acceptable substitute there
shall be no increase in the Proposal Price to cover the difference in cost
occasioned by such substitution" Subcontractors and other persons and
organizations proposed by the respondent and accepted by the Boynton
Beach CRA must be used on the Work for which they were proposed and
accepted and shall not be changed except with the written approval of the
Boynton Beach CRA
3) Insurance. Contractor shall be required to provide the following insurance
coverages listed below. All required coverages shall be underwritten by
insurance companies that are licensed to do business in the State of Florida.
State approved excess and surplus lines insurers shall have a current rating of
A- or better by A.M. Best Company with a financial size category of Class
VIII or larger. All coverages must be provided on a primary basis
a. Commercial General and Marine Liability. Contractor shall
maintain Commercial General Liability at a limit of liability not less
than $ I ,000,000 Each Occurrence, and not less than $5,000,000
Annual Aggregate, Coverage shall not contain any endorsement
excluding Contractual Liability or Cross Liability. The policy shall
also provide coverage for Completed Operations and Products
Hazard.
b, Business Automobile Liability. Contractor shall maintain Business
Automobile Liability at a limit of liability not less than $1,000,000
Each Accident for all owned, non-owned and hired automobiles. In
the event Contractor does not own any automobiles, the Business
Auto Liability requirement shall be amended allowing Contractor to
agree to maintain only Hired & Non-Owned Auto Liability. This
amended requirement may be satisfied by way of endorsement to the
Commercial General Liability or separate Business Auto coverage
form.
c, Worker's Compensation Insurance & Employers Liability.
Contractor shall maintain Worker's Compensation & Employers
Liability in accordance with Florida Statute Chapter 440 and the
Federal Longshore and Harbor Workers' Compensation Act.
d, The following coverages are required if applicable:
Environmental Impairment Liability.
11. Collapse. In the case of I) Grading, paving, excavating,
drilling, tunneling, burrowing, filling, backfilling, pile
driving or clearing land close enough to an existing building
or structure to cause damage, or (2) Moving, shoring,
underpinning, raising or demolition of any structure or
removal or rebuilding structural supports.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
11
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iii. Underground. The use of mechanical equipment to grade,
pave, excavate, drill, tunnel, burrow, fill, backfill, pile drive
or clear land.
iv. Explosion. For the use or presence of dynamite or other
explosives or welding tanks or other containers of potentially
explosive substances.
v. Independent Contractor. The use of Subcontractors by the
Contractor to perform any of the Construction work.
4) Additional Insured. Contractor shall endorse the Boynton Beach CRA as an
Additional Insured in the CGL and workers compensation policies. The
Additional Insured endorsement shall read "Boynton Beach Community
Redevelopment A~ency. a municipal cOl:poration of the State of Florida. its
Officers. Employees and A~ents." Contractor shall provide the Additional
Insured endorsements coverage on a primary basis.
5) Umbrella or Excess Liability. If necessary, Contractor may satisfy the
minimum limits required above for Commercial General Liability, Business
Auto Liability, and Employer's Liability coverage under Umbrella or Excess
Liability. The Umbrella or Excess Liability shall have an Aggregate limit not
less than the highest "Each Occurrence" limit for Commercial General
Liability, Business Auto Liability, or Employer's Liability. The City shall be
specifically endorsed as an "Additional Insured" on the Umbrella or Excess
Liability, unless the Certificate of Insurance notes the Umbrella or Excess
Liability provides coverage on a "Follow-Form" basis.
6) Right to Review. The Boynton Beach CRA and/or the City of Boynton
Beach reserves the right to review, modify, reject or accept any required
policies of insurance, including limits, coverages or endorsements, herein
from time to time throughout the term of this Contract. Boynton Beach CRA
and/or the City of Boynton Beach reserves the right, but not the obligation, to
review and reject any insurer providing coverage because of its poor
financial condition or failure to operate legally.
7) Cancellation. Certificates of Insurance and a copy of all policies acceptable
to the Boynton Beach CRA shall be filed with the Boynton Beach CRA as
required above. These Certificates shall contain a provision that coverages
afforded under the policies will not be cancelled until at least thirty (30) days
prior written notice has been given to the Boynton Beach CRA. The
Certificate of Insurance shall also contain the following statement: "The
Boynton Beach Community Redevelopment Agency is an insured in
connection with work contracted to (Name of Contractor). This insurance
applies separately to the Boynton Beach CRA except with respect to limits of
liability and is primary."
8) Waiver of Subrogation. Contractor hereby waives any and all rights of
Subrogation against the Boynton Beach CRA, its officers, employees and
agent for each required policy. When required by the insurer, or should a
policy condition not permit an insured to enter into a pre-loss agreement to
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waive subrogation without an endorsement, then Contractor shall agree to
notify the insurer and request the policy be endorsed with a Waiver of
Transfer of Rights of Recovery Against Others, or its equivalent. This
Waiver of Subrogation requirement shall not apply to any policy, which a
condition to the policy specifically prohibits such an endorsement, or voids
coverage should Contractor enter into such an agreement on a pre-loss basis,
9) Indemnification. Contractor shall defend, indemnify and hold harmless the
Boynton Beach CRA, and its officers, employees and agent from any and all
claims, liabilities, damages, losses and costs including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Contractor and other
persons employed or utilized by the Contractor in the performance of the
contract. One percent (1 %) of the contract price represents specific
consideration to the Contractor for the indemnification set forth in the
contract
B. TIME OF COMPLETION / CONSTRUCTION SCHEDULE / LIQUIDATED
DAMAGES
I) Contractor shall agree to commence work within ten (10) calendar days of
the Commencement Date as indicated in the written "Notice to Proceed"
provided by the Boynton Beach CRA, and achieve Substantial Completion
without interruption within ninety (.2ID calendar days thereafter.
2) Final Completion shall be within thirty (~ calendar days of Substantial
Completion, and the Proposer agrees that if awarded the contract, it will
complete said work in accordance with both the Substantial Completion and
Final Completion date.
3) Should the Proposer/Contractor, or in the event of a default, its Surety, fail to
achieve certification of Substantial Completion by the date specified in the
written "Notice to Proceed," the Boynton Beach CRA will suffer damages,
the amount of which is difficult if not impossible to ascertain, Therefore, in
such an event, the Boynton Beach CRA shall be entitled to Liquidated
Damages as specified in the Contract for each calendar day beyond the date
of certification of Substantial Completion, until certification of Substantial
Completion and acceptance thereof have been granted by the Boynton Beach
CRA. The Liquidated Damages rate is $2.000.00 Der day through the date of
certification of Substantial Completion.
4) Liquidated Damages due to the Boynton Beach CRA may be deducted from
payments due the Proposer/Contractor, or may be collected from the
Proposer/Contractor or his Surety, The liability of the Proposer/Contractor
and its Surety for delay damages shall be joint and several. These provisions
for liquidated damages shall not prevent the Boynton Beach CRA, in case of
the Proposer/Contractor's default, from terminating the right of the
Proposer/Contractor to proceed as provided in the General Conditions for
Construction,
5) The Proposer/Contractor and Boynton Beach CRA agree that the rate set
forth herein is a reasonable estimate of the amount of damages which the
Boynton Beach CRA will suffer in the event the Proposer/Contractor does
not timely complete the Contract. The Proposer/Contractor and Boynton
Beach CRA agree that these liquidated damages shall be assessed as
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13
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.- East SIdc-WeuSi....Scnidc Rcnaisul'kc
damages, as provided in the Contract Documents, and that they are not, and
shall never be considered to be a penalty.
C. BASIS FOR PAYMENT
1) This is a lump sum contract to complete the project in accordance with the
plans and specifications. Payment shall be made on the basis of prices given
in the proposal. Lump sum prices shall be paid on a percentage complete
basis. It is the Contractor's responsibility to verify unit quantities prior to
execution of contract. Unit prices shall be applied only if there are changes
in the plans and specifications after award of contract. . Retentions shall be
as specified in the Contract.
D. ACCEPTANCE PERIOD
I) The Proposer shall maintain its proposal for acceptance by the Boynton
Beach CRA for a period of not less than sixty (60) days following the date of
the proposal opening. The Proposal Guaranty required under Section VII.F.,
shall remain in effect for this period. If applicable
E. KNOWLEDGE PRESUMED
I) Proposer is deemed to have knowledge of all applicable federal and state
laws, municipal ordinances and rules and regulations of all authorities having
jurisdiction over construction of the project.
F. ALTERNATES
1) Where a base proposal is provided for, the Proposer shall submit a proposal
on the base proposal and may exercise their own prerogative in submitting an
alternate proposal but must provide proposal price for specified item and an
alternative proposal price. The Boynton Beach CRA reserves the right to
accept or reject the alternates or base proposal or any combination thereof.
The Boynton Beach CRA, or its authorized representative, further reserves
the unqualified right to determine whether any particular item or items of
material, equipment, or whatsoever, is an approved equal, and reserves the
unqualified right to a final decision regarding the approved or rejection of the
same.
G. ASSIGNMENT
1) Any Contract or Purchase Order issued pursuant to this Invitation to Proposal
and the monies which may become due hereunder are not assignable except
with the prior written approval of the Boynton Beach CRA.
H. DELIVERY
1) Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination
indicates that the Proposer/Contractor is responsible for the shipment until it
reaches its destination. Any and all freight charges, taxes, or storage fees are
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14
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to be included in the proposal total. The Proposer's invoice payment terms
must be shown,
I. PAYMENT OF SUB-CONTRACTORS AND SUPPLIERS
I) Contractor shall provide copies of all sub-contractor fee proposals and
verification of payment of sub-contractors, and shall be provided concurrent
with invoices issued by the general contractor for payment. Failure to
provide required documentation of payment will result in a delay of payment
from the Boynton Beach CRA.
J. INDEMNIFICATION
I) The proposal shall include an amount constituting sufficient consideration to
support the Contractor's obligation to indemnify the Boynton Beach CRA for
claims or actions from any claim demand or cause of action arising from any
act, omission or default of the Proposer/Contractor, Boynton Beach CRA, its
employees or agents, arising from the Contract or its performance
IX. RESERVATION OF RIGHTS
The respondent acknowledges the right of the Boynton Beach CRA reserves the right to
reject any and all responses received either in whole or in part, with or without cause, or
to waive any response requirement, informalities or deficiencies, in any response if such
action is deemed by the Boynton Beach CRA to be in the best interest of the project or
the Boynton Beach CRA,
The Boynton Beach CRA may, at its discretion, elect to waive any non-material
requirement, either for all responses or for a specific response. In addition, the respondent
recognizes the right of the Boynton Beach CRA to reject a Proposal if the respondent
fails to furnish any required Proposal security if applicable, or to submit the data required
by the Proposal Documents, or if the Proposal is in any way incomplete or irregular; to
reject the Proposal of a respondent who is not in a position to perform the Contract; and
to re-advertise for other Proposals or to accept the next responsive Proposal,
The Contract(s), if awarded by the Boynton Beach CRA, will be awarded based
on the procedures above, provided the Proposal meets the criterion specified
herein and is in the best interest of the Boynton Beach CRA. The Boynton Beach
CRA reserves the right to cancel the contract, or portions thereof, without penalty
at any time. The Boynton Beach CRA reserves the right to withdraw this RFP
either before or after receiving responses.
X. EV ALUATION AND RANKING PROCESS
Evaluation Committee. An Evaluation Committee shall be appointed by the Boynton
Beach CRA Director. The Committee will consist of four (4) persons, including public
and private sector representatives. The Evaluation Committee shall review and rank the
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15
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respondents based on criteria listed below. Based on this ranking, the Boynton Beach
CRA shall negotiate with the highest ranked respondent. If negotiations are unsuccessful
with the highest ranked respondent, then negotiations with the next highest ranked
respondent shall begin. Upon conclusion of the negotiations the Committee shall
recommend to Boynton Beach CRA the award of the contract.
A. Ranking Factors. Approved Proposals will be ranked on the basis of those proposals
which contain the most advantageous combination of design, price, proven
performance and service. The following items will be considered in this process:
1. Contractor qualifications and experience, including type, size and complexity of projects,
and quality of construction.
2. Contractor's financial capacity. (Contractor must be able to provide a bond equal to the
amount of their proposal.)
3. Compatibility of the response to the Boynton Beach CRA's goals and objectives as set
forth in the design documents.
4. Recommendations of references (minimum of three (3).
5. Other information as determined to be helpful in ascertaining the qualifications of the
respondent.
6. Language needed for consideration given to proximity of Contractor to project location as
it affects the number of trips and distances traveled relating to City's "Green" focus.
B. Ranking Process. Each member of the Committee will score the individual
proposals with assistance provided as needed. Each category will be scored and
tabulated to achieve the Total Points awarded to each Respondent. The Total Points
awarded will be ranked on a descending scale starting with number one (1) being the
highest point total, number two (2) being the next highest, and so on. Then the
ranking of each respondent from each Committee Member will be totaled to
determine the top ranking respondent.
C. Scoring. The Scoring Process is divided into five (5) categories based upon the
criteria described below. The maximum score is 100 points.
1) Qualifications of the Firm Total Points - 30
2) Bonding Capacity Total Points - 5
3) Assigned Staff Total Points - 15
4) Professional Approach Total Points - 10
5) Cost Fee Proposal Total Points - 40
D. Description of Categories.
1) Qualifications of Firm. 30 points possible.
a. Past, present and technical relevant building experience:
The respondent shall demonstrate successful completion of previous
projects comparable in design, scope and complexity. Current
projects must be at least 50 percent complete to qualify for
consideration. The respondent should demonstrate successful
experience in dock construction.
List the projects which best illustrate the experience of the firm and
current staff which is being assigned to this project. List no more
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than ten (10) projects. Do not list projects which were completed
more than five (5) years ago
Name and location of the project
11 The nature of the finn's responsibility on this project
ilL Project owner's representative name, address and phone number.
IV, Project user agency's representative name, address. and phone
number
\ Date project was completed or is anticipated to be completed,
VL Size of project (gross square feet (GSF) of construction),
V]1. Cost of project (construction cost),
viii, Work for which the staff was responsible,
Vll1. Present status of this project
IX, Project Manager and other key professionals involved on listed
project and who of that staff that would be assigned to this
project.
2) Bonding capacity. 5 points possible, The contractor will be required to
secure a bond for the total construction amount Each respondent shall
provide a statement from their bonding agent or surety, licensed in the State
of Florida, addressed to the Boynton Beach eRA referencing the surety's
rating and financial category, project name and number and amount of
reserve available to the completion of this project The requirement for
available reserve shall be based upon the total estimated cost for this project.
Respondents must include a financial capability statement provided by a
certified financial professional. Respondents that provide a statement with
all required infonnation outlined in this paragraph will receive the total point
award, otherwise the point award otherwise the point award will be zero,
3) Assigned Staff. ]5 points possible. Include the general and specific project
related capability of the in-house staff and indicate the adequate depth and
abilities of the organization which it can draw upon as needed. This will
include management, technical, and support staff. Give brief resumes of key
persons to be assigned to the project including, but not limited to:
a. Name and title.
b, Location of office the person is assigned if other than main location
c, How many years with this firm
d. How many years with other finns
e, Experience.
f. Types of projects.
g. Size of projects (dollar value & GSF of project).
h. What were the specific project involvements?
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i. Education.
J. Active registration and qualifications relevant to this project.
k. Experience with state requirements for marine projects.
1. Job assignment for other current projects.
m. Percentage of time to be assigned to this project.
For Section E.3 (Assigned Staff): Show the organization chart as it relates to
the project indicating key personnel and their relationship. It should be
understood that it is the intent of the Boynton Beach CRA to insist that those
indicated as the project team in this RFP response actually execute the
project.
4) Professional approach. 10 points possible. Identify how respondent
interacts and communicates with its clients. Demonstrate respondent's team
oriented approach. This category also includes the respondent's ability to
respond to construction issues, warranty issues and other project-related
issues, references and other additional information helpful in ascertaining the
qualifications of the respondent. The proposal must include the Contractor's
overall project methodologies. The Contractor must clearly indicate a plan to
perform the required work to guarantee limited disruption to commercial
businesses within the Boynton Harbor Marina as well as limiting the impact
to the current fueling operations and the Two George's Restaurant. As these
are neighboring and tenant businesses who require access through the marina
on a daily basis, specific and well thought planning must be demonstrated in
the proposal.
5) Cost Fee Proposal. 40 points possible. The Contractor shall complete the
Bid Schedule attached, herewith. All Proposals are to be inclusive lump sum
proposals. Contractor is to provide pricing based on the plan and
specifications provided. Any proposed alternatives to the base proposal shall
be listed appropriately based on the cost proposal template. No alternatives
are to be included in the base proposal. Final selection of the Contractor will
not be based upon fee only. The Boynton Beach CRA reserves the right, at
the sole discretion, to accept, reject or request clarification or revision of any
cost proposal submitted.
E. Short List Interview. The Evaluation Committee may, at its sole discretion, conduct
interviews with the respondents in an effort to further understand the proposals and
qualifications of the respondent.
F. Negotiations. The Top Ranking respondent will be invited to negotiate a final
contract for presentation to the Boynton Beach CRA for consideration. If the Project
Manager and other key professionals involved on listed project and who of that staff
that would be assigned to this project.
G. Additional information. The Boynton Beach CRA reserves the right, before
awarding any contract, to require a respondent to submit such evidence of
qualifications and any current or updated information that was requested in the RFP
as it may deem necessary, and may consider any information available to it of the
financial, technical, and other qualifications and abilities of a respondent, including
past performance with other governmental/educational agencies. Respondents are
advised that requests for additional information or site visitations are not to be
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construed as an indication that a respondent will receive or is in the best position to
receive a contract award.
H. Notice of Award. The Boynton Beach CRA will provide notice of its decision or
intended decision concerning the contract award by posting a notice on the main door
of the Boynton Beach CRA Office.
Exhibit I. Marina Aerial Exhibit
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19
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This Page Was Intentionally Left Blank
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20
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PROPOSER ACKNOWLEDGEMENT
Submit Proposals
To:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach. FL 33435
Release Date:
July 16, 2010
Project Title:
BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
Proposal Received
By:
August 17,2010. Proposals must be received in their entirety by the
Boynton Beach CRA no later than 4:00 p.m. (local time).
Proposals will be opened in the Boynton Beach Community Redevelopment Agency unless
specified otherwise. Proposal receiving date and time is scheduled for August 17, 2010, NO
LATER THAN 4:00 p.m. (local time) and may not be withdrawn within ninety (90) days after
such date and time.
All awards made as a result of this proposal shall conform to applicable sections of the charter
and codes of the Boynton Beach Community Redevelopment Agency and/or the City of Boynton
Beach.
Name of Vendor:
Federal I.D. Number:
A Corporation of the State of:
-----_.__._-~_._-----,~...._-'_.~--------_.__.._._._.--_._,--_.__._-----~-_.__._--_.
----..---.-.......-.----.---------.---------------
_._-~._~_.._--,-------_._---_.~_.. ---.-..------------------...---.--
Telephone Number:
C__) _n
Fax Number: (
Mailing Address:
-"-,-----~._-_.~--------~-_..,.._._-_._._-----"'_.--~.._-----_._._._---~-------_._-
City:
State:
Zip:
Vendor Mailing Date:
--_..__._-~--_._-_._-_.~..,._._-.-.._-_._--------~--_._.._--- ....-.-..--
Authorized Signature
Name (Printed or Typed)
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FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
BOYNTON BEACH, FLORIDA
Project Title:
BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
(project)
Name of Proposer:
Date Submitted:
We propose and agree, if this proposal is accepted, to contract with the Boynton Beach
Community Redevelopment Agency, in the Contract Form, to furnish all material, equipment,
machinery, tools, apparatus, means of transportation, construction, coordination, labor and
services necessary to complete/provide the work specified by the Contract Documents.
Having studied the documents prepared by: Sea Diversified, Inc.
(Name of Project Manager/Architect/Consultant)
And having examined the project site (when indicated in these specifications to do so), we
propose to perform the work of this Project according to the Contract Documents and the
following Addenda which we have received:
ADDENDUM
DATE
ADDENDUM
DATE
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PROPOSAL
The Proposer agrees to accept as full payment for the:
BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
Scope of Work: (Contractor to Write Scope of Work)__________
GRAND TOTAL:
s
Dollars
and
Cents
(amount written in words has precedence)
The undersigned Proposer agrees to commence work within ten (10) calendar days after the date
of the "Notice to Proceed" has been awarded and shall achieve substantial completion without
interruption within ninety (90) calendar days thereafter.
Original and six (6) copies of proposal submitted,
Attached is a computer-generated, horizontal bar chart showing proposed schedule of
work.
Schedule of Subcontractor(s) submitted.
Site Inspection Form submitted.
Evidence of possession of required licenses and/or business permits submitted,
The undersigned hereby represents that he has carefully examined the drawings and the Contract
including all Contract Documents, and will execute the Contract and perform all its items,
covenants and conditions, all in exact compliance with the requirements of the specifications and
drawings.
The Proposer, by and through the submission of his Proposal, agrees that he has examined and
shall be held responsible for having theretofore examined himself as to the character of the route,
location, surface and underground obstructions, nature of the ground water table, conditions and
all other physical characteristics of the work in order that he may thereby provide for the
satisfactory completion thereof, including the removal, relocation or replacement of any objects
or obstructions which will be encountered in performing the proposed work,
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(Proposal Continued)
The Proposer, by submission of this Proposal, acknowledges that the Proposer has been advised
that in the event that the Proposer contests the award of this Project to another Proposer, the
Proposer damages, if any, are limited to actual Proposal preparation costs, and Proposer hereby
waives any claim it may have for other damages coming from the Boynton Beach Community
Redevelopment Agency's failure to award the Project Proposer.
Date
Name of Proposer, Corporation, Firm or
Individual
By:
Signature
Printed/Typed Name
Title
Telephone Number
Florida Contractor's License Number:
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FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
IV
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PROPOSAL BOND
STATE OF
COUNTY OF
KNOWN ALL MEN BY THESE PRESENTS, that
as Principal, and ______________________________________. as Surety. authorized to
do business in the State of Florida are held and firmly bound unto the Owner, Boynton Beach
Community Redevelopment Agency in the penal sum of __ .._ ______________ _u___
Dollars ($ ) lawful money of the United States, for the payment of which sum
will and truly to be made, we bond ourselves, our heirs, executors. administrators and successors,
jointly and severally, firmly by these presents,
THE CONDITON OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying proposal, dated ______________ u_.____. 2009. for
BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
NOW THEREFORE,
A, If the Principal shall not withdraw said Proposal within ninety (90) days after
date of opening the same, and shall within ten (10) days after the prescribed
forms are presented to him for signature, enter into a written Contract with the
Owner in accordance with the Proposal as accepted, and give bonds with goods
and sufficient surety or sureties, as may be required, for the faithful performance
and proper fulfillment of such Contract, then the above obligations shall be void
and of no effect, otherwise to remain in full force and effect.
8, In the event of the withdrawal of said Proposal within the period specified, or the
failure to enter into such Contract and give such bonds within the time specified,
if the Principal shall pay the Owner the difference between the amount specified
in said Proposal and the amount for which the Owner may procure the required
work and supplies, if the latter amount be in excess of the former, then the above
obligations shall be void and of no effect. otherwise to remain in full force and
effect.
C. This bond is given to comply with Section 255.05, Florida Statues, and any
action instituted by any claimant under this bond for payment must be in
accordance with the notice and time limitation provisions in Section 255.05(2),
Florida Statues.
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\'
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(Proposal Bond Continued)
IN WITNESS WHEREOF, the above bounded parties have executed this instrument
under their several Seals this day of , 20_, being hereto
affixed and these presents duly signed by its undersigned representative, pursuant to authority of
its governing body.
PRINCIPAL:
WITNESS:
Name of Firm
(If sole Ownership or Partnership, two (2) Witnesses are required.)
(If Corporation, Secretary only will attest and affix Seal.)
Witness Signature
Witness Signature
Signature of Authorized Officer (Affix Seal)
Title
Business Address
City and State
SURETY:
WITNESS:
Corporate Surety
(If sole Ownership or Partnership, two (2) Witnesses are required.)
(If Corporation, Secretary only will attest and affix Seal.)
Witness Signature
Attorney-in-Fact (AffIX Seal)
Name of Local Insurance Agency
Business Address
City and State
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VI
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I,
. certify that:
. I am the Secretary of the Corporation named as Principal in the within bond;
. ________________ who signed the said Proposal
Bond
on
behalf of the Principal was then
____________ of said Corporation:
. I know his signature and his signature hereto is genuine.
. Said bond was duly signed, Sealed and attested for and in behalf of said Corporation by
authority of its governing body
(Corporate Seal)
Secretary
STATE OF
COUNTY OF
Before me, a Notary Public duly commissioned, qualified and action, personally appeared
to me well known,
who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the
and that he has
been authorized by ____________ to execute the foregoing bond on
behalf of the Contractor named therein in favor for the Owner, the Boynton Beach Community
Redevelopment Agency.
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VII
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STATEMENT OF PROPOSER'S QUALIFICATIONS
Each Contractor submitting a proposal on work included in these General Documents shall
prepare and submit the data requested in the following schedule of information.
This data must be included in and made part of each Proposal document. Failure to comply with
this instruction may be regarded as justification for rejecting the Contractor's proposal. (* Attach
additional sheets providing the information.)
1. Name of Proposer:
2. Business Address:
3. When Organized:
4. Where Incorporated:
5.
How many years have you been engaged in the contracting business
under the present firm name?
years
6. General character of work performed by your company:
7. Enclose evidence of possession of required licenses and/or business permits. *
8. Number of Employees:
9. Background and experience of principal members of your personnel (including officers). *
10. Bonding Capacity:
11. Have you ever defaulted on a contract? If so, where and why? *
Yes
No
12. Experience in performance:
Proiect
$ Value
Contact Name
Phone #
$
$
$
$
$
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(Statement of Proposer 's Qualifications Continued)
13, Experience in performance
Proiect
Contact Name
Phone #
$ Value
$
$
$
$
$
14. Contracts on hand.*
15. Largest completed projects (include final cost),
$ Final Cost
I)
2)
3)
16. List all lawsuits (design and/or construction related) or arbitrations to which you have been
a party and which:*
1) Arose from construction projects. *
2) Occurred within the last four (4) years.*
3) Provide case number and style.*
Dated at:
day of
.20
This
By:
Written Signature
Name:
Printed or Typed
Title
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE Al'.'D ACCEPTABLE
IX
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PROPOSER'S SITE INSPECTION CONFIRMATION
Each Contractor submitting a proposal on work included in these General Documents shall
prepare and submit the data requested in the following schedule of information.
Check One:
o Non-Mandatory
X Mandatory
Project Title: BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
Proposal Number: #CRA- 2010-001
as an authorized representative of
Name and Title of Representative
(hereinafter called the Proposer) located
at
Name of Company
and that said
Company Address
Proposer has visited the site of the work and has carefully examined the plans and specifications
for said project and checked them in detail prior to submitting his Proposal or Proposal.
Signature of Company Representative Named Above
Date of Inspection
Owner's Representative (Signature for Mandatory Only)
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
x
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NON COLLUSION AFFIDAVIT OF PRIME PROPOSER
ST A TE OF
---.-----~---'-_._._._,._- --,--.-..-..-.,....-.-
COUNTY OF
, being first duly sworn, deposes and says that:
1.
He is
of
(Title) (Name ofCorporation/Firm)
the proposer has submitted the attached Proposal:
2) He is fully informed, respecting the preparation and contents of the attached Proposal and
all pertinent circumstances respecting such Proposal;
3) Said Proposal is genuine and is not a collusive or sham Proposal;
4) Further, the said Proposer nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this Affiant, has in any way colluded conspired,
connived or agreed, directly or indirectly, with any other Proposer, firm or person to
submit a collusive or sham proposal in connection with the Contract for which the
attached proposal has been submitted or to refrain from bidding in connection with such
Contract, or has in any manner, directly or indirectly, sought by agreement, collusion,
communications or conference with any other Proposer, firm or person to fix the price or
prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit or
cost element of the Proposal price or the Proposal price of any other Proposer, or to secure
through any collusion, conspiracy, connivance or unlawful agreement any advantage
against the (Local
Public Agency) or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached Proposal are fair and proper, and are not tainted
by any collusion, connivance or unlawful agreement on the part of the Proposer or any of
its agents, representatives, owners, employees or parties in interest, including this Affiant.
Signature
--_.__..__...~-_.~-_._._-- ---~--_..,---_._-_._---------_..._-
Title
Subscribed and sworn to before me,
This
day of
________,20
My Commission Expires:
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Xl
j t,~qY~Te~ .CRA
. Eut Stdc-Wwst S;dc...s.wide amatssanu
ANTI-KICKBACK AFFIDAVIT
STATE OF
)
)
COUNTY OF
I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein proposal
will be paid to any employees of the Boynton Beach Community Redevelopment Agency as a
commission, kickback or reward of gift, directly or indirectly, by me or any member of my firm,
or by an officer of the Corporation.
By:
Signature
Title
Name (Printed or Typed)
Title (Printed or Typed)
Company (Printed or Typed
Subscribed and sworn to before me.
This
day of
,20_.
My Commission Expires:
NOTARY PUBLIC, State of Florida at Large
"Official Notary Seal" Stamp
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPfABLE
XII
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;' ~" wtSJde-Wcn5ICt""Se.t.lldc:lWru:1Wf'CC
SCHEDULE OF SUBCONTRACTS
Proposers are to submit a detailed listing of any Subcontractor(s) participation of any portion of
this project for any reason.
Project Title:
Proposal Number:
Main Contractor Name:
Name/Address/Phone of
Subcontractor
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
BOYNTON HARBOR MARINA FUEL DOCK
RECONSTRUCTION PROJECT
# CRA-2010-001
T--
-----~------
---r---
I
i
1'- Type of Work to be
Performed
--~...,-- ---------
I
I
-I
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!
% of Total
i
I
_ _+Dollar Amount
-f--
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----+-
------ --------+
,
~-1
J
___________-____________+________________-t------- --------
--1
I
!
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
XIII
.------.--,
i
I
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~-.--1
I t ~~Y~Te~:CRA
ill East Stdc..w.:slStd...$aJ.. Jtcnai$UIKC
CONFIRMATION OF DRUG-FREE WORKPLACE STATEMENT
IDENTICAL TIE PROPOSALS
Preference shall be given to businesses with drug-free workplace programs. Whenever two (2) or
more proposals, which are equal with respect to price, quality and service, are received by the
Boynton Beach Community Redevelopment Agency or by any political subdivision for the
procurement of commodities or contractual services, a proposal received from a business that
certifies that it has implemented a drug-free workplace program shall be given preference in the
award process. Established procedures for processing tie proposals will be followed if none of the
tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:
I) 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 the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business' 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) Give each employee engaged in providing the commodities or contractual services that are
under Proposal a copy ofthe statement specified in subsection (1).
4) In the statement specified in subsection (I), notify the employee that, as a condition of
working on the commodities or contractual services that are under proposal, the employee
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 of any controlled
substance law of the United States of America or any state for a violation occurring in the
workplace no later than five (5) days after such conviction.
5) 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 so convicted.
6) 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.
Vendor's Signature
Title
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
XIV
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ST A TEMENT OF NO PROPOSAL
If you are not submitting a proposal on this service/commodity, please complete and return this
form to:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
Failure to respond may result in deletion of Vendor's name from the qualified proposer's
list for the Boynton Beach Community Redevelopment Agency.
Vendor/Company Name:
--_._-_._.._----,~--------+--+------_.._'_..~..__.._---_._+--_._----~-"--- --...-------
Mailing Address:
-----.,-----..---.-.------- ..- . ._~---_._._.,.._--_.._--------_.- ---------'.-------.'.-
City:
State:
Zip:
Telephone Number:
Fax Number:
C_J___
Vendor Signature:
Date:
WE, the undersigned, have declined to respond to your Proposal #CRA-2009-001 for the
BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION because of the
following reasons:
Specifications too "tight" (i,e., geared toward brand or manufacturer only (specify/
explain below).
Insufficient time to respond to the Invitation to Proposal.
We do not offer this product or an equivalent.
Our product schedule would not permit us to perform,
We are unable to meet specifications,
We are unable to meet bond requirements.
Specifications unclear (explain below).
Other (specify/explain below).
REMARKS:
-------.--------' -------
-----------------.---.---....
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
xv
f ~~ctY~e~CRA
~ East Stde-Yftat5fdc..s.uade "-"'iSUnu
This Page Was Intentionally Left Blank
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
XVI
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Bid Submittal to:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, Florida 33435
Bidder / Company:
Name:
Address:
Contact Person:
Title:
Phone:
Facsimile:
Date:
1. The BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement
with the OWNER to perform all work as specified or indicated in the Contract
Documents and Plans / Specifications for the Contract Price and within the Contract
Time indicated in this Bid and in accordance with the other terms and conditions of the
Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Request for
Proposals and Instructions to Bidders. This Bid will remain subject to acceptance for
ninety (90) days after the bid opening date. BIDDER will sign and submit the Agreement
with all other documents required by the Bidding Requirements within ten (10) days after
the date of OWNER's Notice of Award.
3. In submitting this Bid, the BIDDER represents that:
a. BIDDER has examined copies of all bidding documents including all of the issued
Addenda, receipt of which is acknowledged as follows:
, Date:
. Date:
. Date:
b. BIDDER has familiarized itself with the nature and extent of the Contract
Documents, work, site, location and all local conditions and Laws and Regulations
that in any manner may affect cost, progress or performance ofthe work
BID PROPOSAL - A TT ACHMENT A
Boynton Harbor Marina
Fuel Dock Reconstruction Project
July 2010
Page 2 of2
(Rev. July 27, 2010)
c. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all reports, plans and specifications, permits, surveys,
explorations, tests and studies that pertain to the subsurface and physical conditions
at the site that in any manner may affect the cost, progress or performance of the
work at the Contract Price within the Contract time. No additional examinations,
investigations, explorations, tests, reports or similar information or data are or will be
required by BIDDER for such purposes.
d. BIDDER has given OWNER written notice of all conflicts, errors or discrepancies
that it has discovered in the Contract Documents and Plans and Specifications and the
written resolution thereof by OWNER is acceptable to BIDDER.
4. BIDDER agrees that the construction of the Project will be substantially complete within
ninety (90) days from "Notice to Proceed".
5. BIDDER agrees that all Federal, State and local sales and use taxes are included in the
stated Bid prices for the work.
6. BIDDER further proposes to accept as full payment for the work proposed herein the
amounts computed under the provisions of the Contract Documents and based on the unit
prices provided in the Bid Schedule. Unit prices represent a true measure of labor,
materials, equipment and any other incidentals required to perform the work, including
all allowances for overhead, profit for each type and unit of work. The amounts shall be
shown in both words and figures and in case of a discrepancy , the amount shown in
words shall govern.
7. Bid Schedule: For the following, the BIDDER shall furnish all tools, materials, labor and
any other incidentals required for the replacement of the timber fuel dock in accordance
with the Plans and Specifications:
Bidder / Company Name
Signature
Printed/Typed Name
Title
Telephone Number
Florida Contractor's License Number
BID SCHEDULE - ATTACHMENT B
Boynton Harbor Marina Fuel Dock Reconstruction Project
July, 2010
. . . . . . . . . . . . :- : alP :- :- ' , , . , ' -: UNIT' ' . . . . . . . . . .
','NO,'. , : ' P!5~lflTI9N : ' ',UNIT',' ,~ID~9~.T,..
,'. 'QUANtiTY' . . . . . . :- : PRICE' :-
1 Mobilization / Demobilization 1,0 LS
2 Utility Pedestal Removal 1 Reconnection 1,0 LS
3 Removal and Disposal of Existing Structures 1,0 LS
4 Dock Reconstruction - Cross Members, 250+1- LF
Stringers, Hardware - Materials and Labor
5 "IPE" Piling Wrap, Pile Caps and Fenders - 22,0 EA
Materal and Labor
6 Cleats - Furnish and Install 40,0 EA
7 Ladders - Furnish and Install 5,0 EA
8 Final As-Built Survey 1,0 LS
Total Base Bid
Total Base Bid in Writing:
ADD ALTERNATE - FUEL DOCK EXTENSION
Includes demolition of existing structure, dock
reconstruction, timber pile wrap, pile caps, fenders and
cleats, Materials and labor,
BID
QUANTITY UNIT
BID AMOUNT
30+1- LF
Notes:
1 Bid schedule has been prepared to include major components of work, It shall be the contractor's
responsibility to review plans and specifications and to bid accordingly,
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COMMUHITT' REDEVELOPMENT ,t,GENC'Y
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NOTES AND SPECIF1CAOOfo,S
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1~~qY~T8~ICRA
iii East Side- West Side-Seaside Renaissance
eRA BOARD MEETING OF: September 14,2010
I I Consent Agenda IX I Old Business
New Business
Public Hearing
Other
SUBJECT: Consideration of Approval of Construction Contract with B.K. Marine Construction, Inc. in the
Amount of$55,569.34 for the completion of the Boynton Harbor Marina Fuel Dock Reconstruction Project
SUMMARY: At their regular meeting held on July 13,2010, the CRA Board approved the issuance of the
Boynton Harbor Marina Fuel Dock Reconstruction Project Request for Proposals (RFP) to obtain proposals from
qualified marine to perform the project. The RFP provided an issuance date of July 16, 2010, with all responses
required to be submitted by 4:00 PM on August 17, 2010. Based on the proposal submitted by B.K. Marine
Construction, Inc., the proposed cost for completion of the dock renovation project $55,569.34. This price falls
seven percent (7%) below the CRA's engineer's project estimate of $59,500.
The Boynton Harbor Marina Fuel Dock Reconstruction Project involves the demolition and replacement of the
existing wooden dock structure with a new aluminum beam support system, heavy duty marine grade pressure
treated lumber as the sub-deck, and Ipe hardwood for the finish deck and piling detail. The proposed contract
provides for the completion of the project within 90 days of contract execution.
FISCAL IMPACT: $55,569.34 plus 10% contingency from Project Fund #02-58200-404
RECOMMENDATIONS: Approve the Construction Contract to be entered into with B.K. Marine
Construction, Inc. in the amount of$55,569.34, plus a 10% contingency, for the completion of the Boynton
Harbor Marina Fuel Dock Reconstruction Project.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\09-
14-10\Construction Contract with BK Marine-Fuel Dock Prj,doc
"DRAFT"
SUBJECT TO REVISIONS PRIOR TO SIGNING
CONTRACT
THIS AGREEMENT made and entered into this day of , A.D. 2010,
by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a
municipal corporation of Florida, and
hereinafter called the "CONTRACTOR"
a Florida Corporation ~
a Florida General Partnership ~)
a Florida Limited Partnership ~
a Sole Proprietor ~
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
That under the due procedure of law, proposals were heretofore received by the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY for the performance of work and
supplying materials, hereinafter described, and said Agency having canvassed said proposals, had
determined that the proposal in the total amount of
submitted by the
aforementioned CONTRACTOR was the best and most desirable proposal submitted, and has
authorized the execution of this contract.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
1.0 AGREEMENT
1.1 The BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY does
award the contract to and does hire and employ the CONTRACTOR and the
CONTRACTOR does accept the award, predicated upon the proposal of the
CONTRACTOR, dated , which is hereby
incorporated by reference into this agreement, and the CONTRACTOR does
agree to furnish the necessary labor, tools, equipment, materials and supplies, etc.,
and to perform all the work provided in the proposal, contract documents, bond
documents, plans and specifications for:
Proposal Title: Boynton Harbor Marina Fuel Dock Reconstruction Project
all of which are incorporated herein by reference at such unit prices/or lump sum
prices as specified in CONTRACTOR'S proposal totaling
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2.0 SCOPE OF SERVICES
2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines,
equipment, tools, superintendents, labor, insurance, and other accessories and
services necessary to complete said project in accordance with the conditions and
prices as stated in the contract, General Conditions for Construction, and
Supplementary Conditions for Construction, plans which include all maps, plats,
blueprints, and other drawings and printed or written explanatory matter thereof
as contained in the proposal, contract documents and specifications for the
project.
2.2 All the work and labor performed under this contract shall be performed, and all
of the material furnished shall be, in strict conformity with said plans and
specifications, and CONTRACTOR accepts and consents to the conditions
contained in said plans and specifications and expressly agrees to comply with
every requirement and stipulation therein contained to be performed by the party
contracting to do said work.
2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and
supplies and to do all the work above mentioned in a first-class, substantial and
workmanlike manner, and in conformity with the detail for said work on file in
the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY'S Project Engineer and strictly in accordance with the specifications,
general stipulations and plans which are hereby referred to and made a part of this
contract, as well as to the satisfaction of the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY'S Executive Director or designee, at and for the
prices herein plainly set forth.
2.4 Upon receipt of written notification from the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, to correct any defective or
faulty work or materials which may appear within one (1) year after completion
of the contract and receipt of final payment. CONTRACTOR shall make the
necessary corrections within ten (10) days of receipt of the written notice.
2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable.
2.6 To pay promptly, before final settlement, any and all claims or liens incurred in
and about this work. Furnish release of liens forms from all subcontractors and
suppliers of materials.
2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess
material, temporary structures, tools and equipment from streets, alleys, parkways
and adjacent property that may have been used or worked on by the
CONTRACTOR in connection with the project promptly as such section or
portion is completed and ready for use, leaving the same in a neat and presentable
condition. Payment may be withheld until this has been done to the satisfaction of
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the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. Final
acceptance and payment for the entire project will not be made until the site IS
satisfactory to the BOYNTON BEACH COMMUNITY REDEVELOPMENJ
AGENCY.
2.8 The CONTRACTOR shall at all times observe and comply with the provisions of
the charter, ordinances, codes and regulations of the City of Boynton Beach, of
Boynton Beach, Florida.
2.9 Upon completion of the work, the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY'S Project Engineer shall satisfy himself, by
examination and test, that the work has been fully completed in accordance with
the plans, specifications and contract documents. When the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY'S Project Engineer is so
satisfied, he shall recommend acceptance thereof to the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY'S Executive Director or their
designee, who shall, if in agreement with such recommendation, present the final
payment application to BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY Board for review and vote to formally accept the
project. The right of general supervision of the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY as hereinafter provided under
"authority of the engineer" shall not make the CONTRACTOR an agent or
employee of the BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY, but the CONTRACTOR, shall at all times, and in all respects have the
rights and liabilities of an independent CONTRACTOR.
2.10 After the cleaning up of the work, premises, streets, alleys, manholes, catch
basins, or other areas of structure in anyway connected with the performance of
the contract, the work as a whole shall be inspected by the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY'S Project Engineer, and any
workmanship or material found not meeting the requirements of the specifications
shall be removed by or at the expense of the CONTRACTOR and good and
satisfactory workmanship or material substituted therefore. All settlement, defects
or damage upon any part of the work shall be remedied and made good by the
CONTRACTOR.
2.11 The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause.
3.0 COMMENCEMENT OF WORK
3.1 CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in the written "Notice to Proceed" of the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY and to fully complete
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the project within ninetv (90) calendar days following the commencement date as
specified in same.
3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in
the performance of the work specified and required to be performed within the
time limit set forth in the contract, after due allowance for any extension or
extensions of time made in accordance with herein before set forth, the
CONTRACTOR shall be liable to the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, as liquidated damages and not as penalty, in the
amount stipulated therefore in the General Conditions for Construction or in other
documents for each and every calendar day that the CONTRACTOR shall be in
default of completion.
The BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY shall
have the right to deduct said liquidated damages from any amount due, or that
may become due the CONTRACTOR, or to collect such liquidated damages from
the CONTRACTOR or his Surety.
3.3 CONTRACTOR shall, as soon as practicable after signature of contract, confirm
with BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY'S
Project Engineer in writing, the names of subcontractors as originally proposed
for principal parts of work, and for such others as BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY'S Project Engineer may direct.
CONTRACTOR shall not employ any that BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY'S Project Engineer may, within a reasonable
time, object to as incompetent or as unfit.
4.0 LIQUIDATED DAMAGES
4.1 The CONTRACTOR further agrees to pay $ 2.000.00 per day as liquidated
damages, for failure to begin within ten (10) days of "Notice to Proceed" or
failure to complete the work within ninetv (90) calendar days from the
commencement date to be indicated in the written "Notice to Proceed".
5.0 PROTECTION OF EXISTING FACILITIES
5.1 The CONTRACTOR warrants that prices include the protection and continuous
use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard
rails and other construction encountered, and the prompt repairing of any damage
done to them during the progress of the work, or from insufficient support
thereafter; also all the filling, backfilling, tamping, ramming, puddling and
consolidating; the removal and disposal of all rubbish and surplus material; also
all pumping bailing draining or unwatering of all excavations, incidental to the
execution of the work; also the furnishing of all necessary labor, tools, equipment,
materials and supplies, etc. and the performance of the whole work mentioned in
the detailed plans and specifications necessary to give a finished result, and
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including all expense incurred in or in consequence of the suspension or
discontinuance of the said work specified and a faithful compliance with each and
everyone of the requirements of the contract and for the maintenance of the entire
work and construction in good condition and repair until final acceptance,
5.2 The CONTRACTOR shall assume full responsibility and expense for the
protection of all public and private property, structures, water mains, sewers,
utilities, etc., both above and below ground, at or near the site or sites of the work
being performed under the contract, or which are in any manner affected by the
prosecution of the work or the transportation of men and materials in connection
therewith. The CONTRACTOR shall give reasonable written notice in advance to
the department of the City of Boynton Beach having charge of any property or
utilities owned by the BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY and to other OWNER or OWNERs of public or private property or
utilities when they shall be affected by the work to be performed under the
contract, and shall make all necessary arrangements with such department.
departments, OWNER or OWNERs for the removal and replacement or
protection of such property or utilities.
6.0 INDEMNIFICATION
6.1 The CONTRACTOR shall indemnify and save harmless and defend the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, its agents.
servants, and employees from and against any claim, demand, or cause of action
of whatsoever kind or nature arising out of error, omission or negligent act of
CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
6.2 CONTRACTOR shall indemnify and save harmless and defend BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY, its agents, servants and
employees from against any kind and all causes, claims, demands, actions, losses,
liabilities, settlements, judgments, damages, costs, expenses, and fees (including
without limitation reasonable attorney's and appellate attorney's fees) of
whatsoever kind or nature for damages to persons or property caused in whole or
in part by any act, omission, or default of the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, its agents, servants or
employees arising from this contract or its performance. The CONTRACTOR and
the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY hereby
agree and covenant that the CONTRACTOR has incorporated in this original
proposal, which constitutes the contract sum payable by the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY to the CONTRACTOR, specific
additional consideration sufficient to support this obligation of indemnification
provided for in this paragraph. It is the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY'S and CONTRACTOR'S full intention that this
provision shall be enforceable and said provision shall be in compliance with
Florida Statute 725.06.
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6.3 The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the Request for Proposals, VIII,
A.(3) Insurance Qualifications attached hereto. However, the indemnification
provision, and the insurance provision contained in this Contract are not
interdependent of each other, each one is separate and distinct from the other.
6.4 The obligation of the CONTRACTOR to indemnify the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY is not subject to any offset,
limitation or defense as a result of any insurance proceeds available to either the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY or the
CONTRACTOR.
7.0 PAYMENT BY BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY
7.1 The BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY agrees
to pay the CONTRACTOR in current funds for the performance of the contract,
subject to additions and deductions as provided in the specifications.
8.0 CHANGES IN THE WORK
8.1 The BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,
without invalidating the Contract, may order extra work or make changes by
altering, adding to or deducting from the work, the Contract sum being adjusted
accordingly. All such work shall be executed under the conditions of the original
Contract. Any claim for extension of time caused thereby shall be made in writing
at the time such change is ordered.
8.2 All change orders and adjustments shall be in writing and approved by the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Executive
Director or designee or BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY Board if required, otherwise, no claim for extras
will be allowed.
8.3 The General CONTRACTOR and all of his subcontractors shall be apprised of,
and familiar with, the following conditions and procedures governing extra work
under the Contract:
8.3.1 Any change order has to be recommended by the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY'S Project Engineer and
approved by the Executive Director or designee. Any change order
exceeding the amount of the approved budget must be officially approved
by the BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY before any steps are taken to implement the change order.
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8.3.2 Should the CONTRACTOR or any of his subcontractors commence with
the work without making a claim in writing for unforeseen extra work he
encounters, it will be construed as an acceptance and agreement by him
that any such work is required under the contract and no future claim for
extras will be considered or allowed by the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY.
8.3.3 No claim for extra work will be allowed unless and until authority for
same by written Change Order has been obtained from the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY'S Project
Manager, or if necessary, which authorization will be signed by the
Executive Director or designee.
8.3.4 Changes in the work directed in writing by the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY'S Project Engineer under
the following procedures shall become a part of the Contract by a written
Change Order.
8.3.5 Information regarding changes in the work involving claims to the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY for
additional work, credits, and/or adjustments under the contract shall be
promptly transmitted in writing by the CONTRACTOR to the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY'S Project
Engineer with full explanations and justifications for his consideration in
preparing a Change Order to the Contract.
8.4 The value of any change ordered under the Contract for extra work and/or any
reductions in work required, shall be determined under one or more of the
following procedures before a written Change Order is issued:
8.4.1 By such applicable unit prices, if any, as are set forth in the Contract
except in those cases where increases in quantities exceed fifteen (15)
percent of the original proposal quantity and the total dollar change of that
proposal item is significant in the opinion of the Engineer, the unit price
shall be subject to review to determine if a new unit price should be
negotiated; or
8.4.2 If no such unit prices are set forth, then by a lump sum or other unit
prices mutually agreed upon by the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY and the CONTRACTOR; or
8.4.3 By cost reimbursement, which is the actual cost for labor, direct
overhead, materials, supplies, equipment and other services necessary to
complete the work plus fifteen (15) percent to cover the cost of general
overhead and profit. For all labor and foreman in direct charge of the
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authorized operations, the CONTRACTOR shall receive the current local
rate of wages to be agreed upon in writing before starting such work, for
each hour said labor and foreman are actually engaged thereon. An upper
limit of total cost and of profit shall be agreed upon and shall not be
exceeded unless approved by the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY.
8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data
to enable the Engineer to determine the necessity and
reasonableness of costs and amounts proposed and the allow
ability and eligibility of costs proposed.
8.4.3.2 The CONTRACTOR shall have an accounting system which
accounts for such costs in accordance with generally accepted
accounting principles. This system shall provide for the
identification, accumulation and segregation of allowable and
unallowable Change Order costs.
8.4.3.3 Where it is indicated that the Contract is Federally or State
assisted, the CONTRACTOR'S attention is directed to the
applicable rules and regulations relative to cost principles which
must be used for the determination and allow ability of costs under
grant.
8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed
forty (40) percent of direct labor costs.
8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general
overhead and profit in the aggregate exceed fifteen (15) percent of
the total cost of direct labor, fringe benefits, direct overhead,
materials, supplies, equipment and directly related services
supplied by him. Among the items considered as general overhead
are bonds, insurance, incidental job burdens, supervision and
general office expenses.
8.4.3.6 In no case shall the CONTRACTOR'S cost for administering
subcontracts exceed five (5) percent of the subcontractors' cost not
including subcontractors' profit.
8.4.3.7 For special equipment and machinery such as power driven
pumps, concrete mixers, trucks, and tractors, or other equipment,
required for the economical performance of the authorized work,
the CONTRACTOR shall receive payment based on the agreed
rental price for each item of equipment and the actual time of its
use on the work provided that the rental price shall not exceed the
current rates published by the Equipment Guide Book Company in
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the Blue Book, "Rental Rates for Construction Equipment". Rate
shall be daily, weekly or monthly as appropriate.
8.4.3.8 Records of extra work done shall be reviewed at the end of each
day by the CONTRACTOR and the Engineer. Such daily records
shall clearly distinguish between the work done under the contract
and that done under the Change Order. Duplicate copies of the
accepted daily records shall be made, signed by the
CONTRACTOR and the Engineer and one copy retained by each.
8.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless that same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
8.6 No Field Change Directive or Change Order shall be authorized by the Project
Manager if the CONTRACTOR has added language to the Field Change
Directive or Change Order or to any cover letter, e-mail, facsimile, or other
written document which accompanies the Field Change Directive or Change
Order in which the CONTRACTOR attempts to reserve any future right or claim
arising out of the work which is the subject of the Field change Directive or
Change Order.
9.0 PROJECT ENGINEER
9.1 The proj ect Engineer shall be Sea Diversified, Inc.
9.2 The Engineer shall have general supervision and direction of the work. The
Engineer is the agent of the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY only to the extent provided in the contract
documents and when in special instances he has the authority by BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY to act, and in such
instances he shall, upon request, shows CONTRACTOR written authority. The
project engineer has the authority to stop the work whenever such stoppage may
be necessary to ensure the proper execution of the contract.
9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the
contract and the judge of its performance, he shall side neither with BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY nor with
CONTRACTOR, but shall use his power under the contract to enforce its faithful
performance by both.
10.0 INSURANCE
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10.1 The CONTRACTOR shall maintain during the term of this contract commercial
liability, motor vehicle, and property damage insurance, acceptable to the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, covering
the work contracted and all operations connected herewith, and whenever any of
the work in the contract is to be sublet, CONTRACTOR'S contingent or
protective liability and property damage insurance. Such insurance shall provide
limits not less than those set forth under the insurance requirement schedule
attached as specified in the Request for Proposals, VIII, (A) Insurance
Qualifications.
10.2 Required insurance shall be documented in a certificate of insurance which
provides that the BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY shall be notified at least fifteen (15) days in advance of cancellation,
nonrenewal or adverse change. CONTRACTOR agrees to furnish policies if
Certificate of Insurance is not acceptable.
10.3 The CONTRACTOR shall take all necessary precautions to prevent the
generation of loud, unnecessary noise in conjunction with his operations at the
work site. Internal combustion engines used with construction equipment shall be
equipped with mufflers, as required by the Code of the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, and the CONTRACTOR shall
comply with all requirements of this Code as they pertain to prevention of noise.
No pile driver, excavating or other construction equipment, pneumatic hammer,
derrick, the use of which is attend by loud or unusual noise, shall be operated
between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of
the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and
then only in case of emergency.
11.0 GUARANTEE AND WARRANTIES
11.1 All the work shall be guaranteed to remain in good condition for one year from
date of acceptance.
12.0 TERMINATION OF CONTRACT
12.1 If the work to be performed under the contract is assigned by the CONTRACTOR
other than provided for herein; if the CONTRACTOR should be adjudged as
bankrupt; if a general assignment of his assets be made for the benefit of his
creditors; if a receiver should be appointed for the CONTRACTOR or any of his
property; if at any time the Engineer shall certify in writing to the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY that the performance of
the work under the contract is being unnecessarily delayed or that the
CONTRACTOR is willfully violating any of the conditions, provisions, or
covenants of the contract, plans or specifications, or that he is executing the same
in bad faith or otherwise not in accordance with the terms of the contract; if the
work be not fully completed within the time named for its completion or within
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the time to which such completion date may be extended; or if other just causes
exist, the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
may serve ten (10) days' written notice upon the CONTRACTOR of the intent to
terminate the contract for the BOYNTON BEACH COMMUNIT'{
REDEVELOPMENT AGENCY and if the CONTRACTOR shall not, prior to the
effective date of termination set forth in such notice, take such measures as will.
in the judgment of the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY'S Project Manager, ensure the satisfactory
performance of the work, the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY may declare the contract terminated on the
effective date specified in such notice, or any date subsequent thereto. In the event
of such termination, the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY shall notify the CONTRACTOR and Surety and
the CONTRACTOR shall immediately respect such notice and stop work and
cease to have any right to the possession of the ground and shall forfeit his
contract. Upon such termination, the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY shall provide the Surety with written notice of
the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY'S
action and the Surety shall within ten (10) days of receipt of said notice remedy
the default or the Surety shall as expeditiously as possible:
12.1.1 Complete the contract in accordance with its terms and conditions, or
12.1.2 Obtain a proposal or proposals for completing the contract in accordance
with its terms and conditions, and upon determination by Surety and the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY of
the lowest responsible proposal, make available as work progresses (even
though there should be a default or a succession of defaults under the
contract or contracts or completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and damages for
which the Surety may liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the contract price", as used in this
paragraph, shall mean the total amount payable by BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY to CONTRACTOR
under the contract and any amendments thereto, less the amount properly
paid by BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY to CONTRACTOR.
13.0 CONTRACT CONTROLS
13.1 The subject contract between the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY and the CONTRACTOR shall supersede any and
all documents executed between the parties relative to the project. In the event of
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any inconsistencies, the terms, provisions and conditions set forth in the subject
contract shall supersede all other documents and shall be controlling.
14.0 TIME OF ESSENCE
14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and
of all the other contract documents relating to the times of performance and
completion of the work are for the purpose of enabling the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY to complete the construction of a
public improvement in accordance with a predetermined program, all such time
limits are of the essence of the contract.
15.0 REMEDY FOR DELAY
15.1 In the event of any delay in the project caused by any act or omission of the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, its agents
or employees, by the act or omission of any other party, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
project. No monetary damages shall be claimed or awarded to CONTRACTOR in
association with any delay in the project caused by an act or omission of the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, its agents
or employees.
15.2 Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.3 All requests for extension of time to complete the work shall be made In
accordance with the General Conditions for Construction.
15.4 For the purpose of this section the phrase "the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, its agents and employees" shall
include but shall not be limited to the architect, project manager and consulting
engineers.
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IN WITNESS WHEREOF, the BOYNTON BEACH COMMUNITy
REDEVELOPMENT AGENCY has caused these presents to be signed by its BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD CHARIMAN, attested by the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Clerk with the Corporate
Seal of the said BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY and the
CONTRACTOR has executed this presence the day and year herein before written.
Signed, sealed and witnessed BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY
in the presence of:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
Approved as to Form:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY Legal Counsel
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
President or the Vice President
Attest as to CONTRACTOR
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State of Florida
)
) ss:
County of Palm Beach
)
On this day of , 20_, personally appeared before me duly authorized to
administer oaths to me known to be the
persons described herein and who executed the foregoing instrument and have acknowledged before
me and they have executed same.
Notary Public
My Commission Expires:
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INDEX
GENERAL CONDITIONS FOR CONSTRUCTION
1. DEFINITIONS AND TERMS........................................................................................... GCC-I
2. CONTRACT DOCUMENTS ............................................................................................ GCC-2
3. DRAWINGS ............................................ .................. .................. .... ....... ......... ..... ......... ..... GCC- 2
3.1 Checking of Drawings and Dimensions
4. NOTICE TO PROCEED ................................................................................................... GCC-2
5. PRE-CONSTRUCTION CONFERENCE ....................................................................... GCC-3
6. PROGRESS AND CONTROL OF THE WORK............................................................ GCC-3
6.1 Schedule and Progress Reports
6.2 Approval of Subcontracts
6.3 Prosecution of Work
6.4 Workmanship, Material and Workmen
6.5 Delays and Extension of Time
7. RIGHTS & RESPONSIBILITIES OF THE OWNER DURING CONSTRUCTION. GCC-6
7.1 Surveys and Lands for Work
7.2 Use of Completed Portions
7.3 The OWNER's Right to do Work
7.4 Right to Retain Imperfect Work
7.5 Suspension of Work
7.6 Termination of Contract
8. RESPONSIBILITIES OF THE CONTRACTOR........................................................... GCC-8
8.1 CONTRACTOR's Representative
8.2 CONTRACTOR's Understanding
8.3 Quality of Material, Equipment or Work
8.4 Permits, Licenses, Taxes and Regulations
8.5 Protection of Work, Persons and Property
8.6 Scope of the CONTRACTOR's Service
8,7 Responsibility of the Work
8.8 CONTRACTOR's Right to Terminate Contract
8.9 Removal of Equipment
8.10 Public Entity Crimes
9. THE AUTHORITY AND DUTIES OF THE ENGINEER ............................................ GCC-II
9.1 Status of the Engineer
9.2 Examination of the Work
10. DUTIES, RESPONSIBILITIES AND AGENCY OF RESIDENT INSPECTOR........ GCC-I3
11. WORK BY OTHERS......................................................................................................... GCC-13
12. INSURANCE REQUIREMENTS .................................................................................... GCC-13
13. PAYMENTS TO mE CONTRACTOR.......................................................................... GCC-14
13.1 Monthly Payments to the Contract
13.2 CONTRACTOR's Warranty of Title
13.3Correction of Work Before Final Payment
13 .4 Liens
13.5 Substantial Completion Review/Fina11nspection
13.6Final Acceptance
13.7Final Payment
13.8Termination of CONTRACTOR's Responsibility
14. WARRANTY AND GUARANTEE PROVISION .......................................................... GCC-19
15. EXISTING UNDERGROUND UTILITIES .................................................................... GCC-19
16. CLAIMS AND DAMAGES ............................................................................................... GCC-20
16. 1 Requirement for Notice
16.2Claims for Extra Cost
l6.3Claims for Damages
l6.4Additional Engineer Expense
7. INTERPRETATION OF CONTRACT ........................................................................... GCC-21
18. INDEMNIFICATION. ........ ........................... .................................................................... GCC- 21
19. ROYALTIES AND PATENTS ......................................................................................... GCC-21
20. CLE AN-UP ............... ................... ........................................................... ....... ............... ...... GCC- 22
21. SANITARY REGULATION ............................................................................................. GCC-22
22. INSPECTIONS AND TESTING OF MATERIALS AND EQUIPMENT .................... GCC-22
23. SAFETY AND HEALTH REGULATIONS .................................................................... GCC-22
SUPPLEMENTARY GENERAL CONDITIONS FOR PROPOSERS
1. SIGNA G E ........................................................................................................................... SGC-l
1.1 Project Identification Sign
2. PROJECT ME E TIN GS ....... .......... ............................................................... ..................... SGC-l
2.1 Requirements Included
3. PROJECT RECORD DOCUMENTS .............................................................................. SGC-3
3.1 Requirements Included
3.2 Related Requirements
3.3 Maintenance of Documents and Samples
3.4 Recording
3.5 Submittal
GENERAL CONDITIONS FOR CONSTRUCTION
1. DEFINITIONS AND TERMS:
The terms used in these specifications are defined as follows:
OWNER:
BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY
OWNER'S
REPRESENTATIVE:
The project manager assigned by the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY
ENGINEER:
The person, firm or corporation designated by the OWNER.
CONTRACTOR:
The person, firm or corporation with whom this Contract IS
executed by the OWNER.
SUBCONTRACTOR:
Any person, firm or corporation other than the CONTRACTOR
supplying material or labor for work at the site of the project. Such
person or firm has contractual relations with the CONTRACTOR,
but not with the OWNER.
SURETY:
Any person, firm or corporation that has executed as Surety the
CONTRACTOR's performance bond securing the performance of
this Contract.
CONTRACT:
The agreement executed by the OWNER and the CONTRACTOR
covering the work to be performed and including all Contract
Documents.
SPECIFICATIONS:
The detailed written description of the work.
DRAWINGS:
The drawings listed and described in the Contract Documents.
PROJECTS:
The entire construction or installation to be performed as set forth
in the Contract Documents.
CLAIMS AND NOTICES:
A notice is defined to be information rendered by either party to
the other upon a condition becoming known pursuant to the
following requirements. All claims, requests, substitutions,
changes, notices, delays and any and all other forms of notices or
claims by the CONTRACTOR to the OWNER or Engineer must
be in writing and promptly presented. If none is so made, it is
irrefutably presumed not to have been given by the
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CONTRACTOR to the OWNER or Engineer.
2. CONTRACT DOCUMENTS:
This Contract consists of the following parts, all designated as the Project:
Request for Proposal
Public Construction Bond
Proposal Response
Proposal Bond
General Conditions for Construction
Supplementary Conditions for Construction
Certificate of Insurance
Technical Specifications
Contract Drawings
Addenda
Construction Contract
3. DRAWINGS:
The general character and scope of the work are illustrated by the drawings which are bound
separately and included by reference as part ofthese Contract Documents.
3.1. Checking of Drawings and Dimensions:
3.1.1.The CONTRACTOR shall check all drawings furnished him immediately upon
their receipt and shall promptly notify the Engineer in writing of any
discrepancies. Anything shown on the drawings and not mentioned in the
specifications, or mentioned in the specifications and not shown on the drawings,
shall be of like effect as if shown or mentioned in both.
3.1.2.Figures marked on drawings shall, in general, be followed in preference to scale
measurements. Large-scale drawings shall, in general, govern, small-scale
drawings, The CONTRACTOR shall compare all drawings and verify the figures
before laying out the work and will be responsible for any errors which might
have been avoided thereby. When dimensions on the drawings are affected by
the type of equipment selected, the CONTRACTOR shall adjust such
dimensions as conditions may require.
4. NOTICE TO PROCEED:
When the Contract has been executed on the part of the OWNER, it shall be forwarded to the
CONTRACTOR together with notice from the OWNER to commence work. The Notice to
Proceed will include the time for completion and the date to begin the Contract Time. The
CONTRACTOR shall begin construction operations at the site within ten (10) calendar days
after the date of the Notice to Proceed.
5. PRE-CONSTRUCTION CONFERENCE:
Prior to starting the work, a pre-construction conference will be held to review the work
schedules, to establish procedures for handling shop drawings and other submissions, for
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processing periodical pay requests, and such other matters as may be pertinent to the project and
submit a preliminary shop drawing schedule.
6. PROGRESS AND CONTROL OF THE WORK:
6.1. Schedule and Progress Reports:
The CONTRACTOR must submit a proposed schedule of the work (Gantt or CPM Chart)
and a preliminary list and schedule of shop drawings submissions at the pre-construction
conference. The purpose of this list and schedule is to enable the OWNER and the Engineer
to govern the work, to protect the functions of the local government and its citizens, and to
aid in providing appropriate surveillance. The Engineer shall have the right to reschedule
work provided such rescheduling is in accord with the remainder of terms of this Contract.
The schedule shall show, as a minimum, the approximate dates on which each segment of the
work is expected to be started and finished, the anticipated earnings by the CONTRACTOR
for each month, and the approximate number of crews and equipment to be used. The
Engineer, after necessary rescheduling and obtaining additional information for specific
purposes, shall review and approve the schedule. The CONTRACTOR shall also forward to
the Engineer, as soon as practicable after the first day of each month, a summary report of the
progress of the various parts of the work under the Contract, in fabrication and in the field,
stating the existing status, estimated time of completion, and cause of delay, if any. Together
with the summary report, the CONTRACTOR shall submit any necessary revisions to the
original schedule for the Engineer's review and approval. Additional more detailed schedules
may be required by the Engineer for daily traffic control. The detailed Construction
Schedule shall be updated monthly and submitted with the CONTRACTOR's Request for
Payment.
6.2. Approval of Subcontracts:
6.2.1.The CONTRACTOR shall submit with the proposal a list of names of
subcontractors proposed to perform the work. The CONTRACTOR shall
propose an acceptable substitute subcontractor if the OWNER or Engineer has an
objection to any person or entity listed.
6.2.2.The CONTRACTOR agrees that he is as fully responsible to the OWNER for the
acts and omissions of his subcontractors and of persons either directly or
indirectly employed by them as he is for the acts and omissions of persons
directly employed by him.
6.2.3.Nothing contained in the Contract Documents shall create any contractual relation
between any subcontractor and the OWNER.
6.3. Prosecution of Work:
6.3.1.The work shall be prosecuted at such time or in or on such part or parts of the
project which such forces of workmen, materials and equipment as may be
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ordered by the Engineer, in writing, to complete the project as contemplated in
the drawings, specifications, Contract and schedules, including such detailed
drawings as may be furnished by the Engineer from time to time during the
prosecution of the work in explanation of said drawings. If at any time the
materials and appliances to be used appear to the Engineer as insufficient or
improper for securing the quality of work required, or the required rate of
progress, he may order the CONTRACTOR to increase his efficiency or to
improve the character of his work, and the CONTRACTOR shall conform to
such an order. The failure of the Engineer to demand any increase of such
efficiency or any improvement shall not release the CONTRACTOR from his
obligation to secure the quality of work or the rate of progress necessary to
complete the work within the limits imposed by the Contract.
6.3.2.The CONTRACTOR shall perform the work and take such precautions as he may
deem necessary to complete the project so all work will be in first-class and
acceptable conditions within the Contract time according to schedule.
6.3.3.1f the CONTRACTOR desires to carry on work at night or outside the regular
hours, he shall submit application to the Engineer, but he shall allow ample time
to enable satisfactory arrangements to be made for inspecting the work in
progress. The Engineer could grant permission unless local regulations prohibit
such work. If granted permission, he shall comply with all regulations and legal
requirements.
6.4. Workmanship, Material and Workmen:
6.4.1.Unless otherwise stated in the detailed specifications, all workmanship, materials
and articles incorporated in the work covered by this Contract shall be of the
most suitable grade of their respective kinds for the purpose and acceptable to
the Engineer. The Engineer shall decide the question of quality where the
expression "or equal" is used in the specifications following reference to a
specific manufacturer of equipment or materials. When and to the extent required
by the specifications or by the Engineer, the CONTRACTOR shall furnish the
Engineer for review, full information concerning the materials or articles or
methods of work which he contemplates incorporating in the work. Samples of
materials shall be submitted for review when requested. Machinery, materials,
articles installed or used, or unusual methods of work used without such review
shall be at the risk of subsequent rejection.
6.4.2.The OWNER may require the CONTRACTOR to remove from the work such
employees as the OWNER deems incompetent, careless, insubordinate, or
otherwise objectionable, or whose continued employment on the work is deemed
to be contrary to the OWNER' interest.
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6.5. Delays and Extension of Time:
6.5.1.If the CONTRACTOR is delayed at any time in the progress of the work by any
act or neglect of the OWNER or his employees, or by any other CONTRACTOR
employed by the OWNER, or by changes ordered in the work, or by strikes, fire.
lockouts, unusual delay in transportation, unavoidable casualties or by delay
authorized by the Engineer pending arbitration, or by any cause which the
Engineer shall decide to justify the delay, then the time of completion may be
reasonably extended by the OWNER.
6.5.2.No extension shall be made for delay unless notice of a claim is made by the
CONTRACTOR in writing to the Engineer within seven days of the event or
incident causing the delay and as otherwise provided by the definition of
"Notice", Page GCC-l,
6.5.3.If no schedule or agreement stating the dates upon which drawings shall be
furnished is made, then no claim for delay shall be allowed on account of failure
to furnish drawings until two weeks after demand in writing for such drawings
and not then unless such claim is reasonable and as otherwise provided by the
definition of "Notice", Page GCC-1.
6.5.4.In the event of any delay in the project caused by any act or omission of the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, its
agents, or employees, the sole remedy available to CONTRACTOR shall be by
extension of the time allocated to complete the project. No monetary damages
shall be claimed or awarded to CONTRACTOR in association with any delay in
the project caused by any act or omission of the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, its agents or employees.
For the purpose of this section the phrase "the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, its agents and employees" shall include but shall not be
limited to the Engineer, project manager, and consulting engineers.
This article does not exclude the recovery of damages by the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY for delay caused by CONTRACTOR
under other provisions in the Contract Documents.
7. RIGHTS AND RESPONSIBILITIES OF THE OWNER DURING CONSTRUCTION:
7.1. Surveys and Lands for Work:
The OWNER shall provide the lands upon which the work under this Contract is to be done,
as well as for the erection of temporary construction facilities and storage of his material,
together with right of access to the same. The OWNER shall furnish all land surveys for this
project. Easements for permanent structures or utilities shall be secured and paid for by the
OWNER.
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7.2. Use of Completed Portions:
The OWNER shall have the right to take possession of and use any completed portions of the
work, although the time for completing the entire work or such portions may not have
expired, but such taking possession and use shall not be deemed an acceptance of any work
not completed in accordance with the Contract Documents.
7.3. The OWNER's Right to do Work:
If the CONTRACTOR should neglect to prosecute the work properly or fail to perform any
provisions of this Contract, the OWNER, after ten (10) days written notice to the
CONTRACTOR may, without prejudice to any other remedy he may have, make good such
deficiencies and may deduct the cost thereof from the payment then or thereafter due the
CONTRACTOR.
7.4. Right to Retain Imperfect Work:
If any part or portion of the work done or material furnished under this Contract shall prove
defective and not in accord with the plans and specifications, and if the OWNER decides that
any part or portion of the imperfect work is not of sufficient magnitude or importance as to
make the work dangerous or undesirable, or if the removal of such work will create
conditions which are dangerous or undesirable, the OWNER, on recommendation of the
Engineer, shall have the right and authority to retain such work but shall make such
deductions in the final payment therefore as may be just and reasonable, and such retention
shall not constitute a waiver by the OWNER of the CONTRACTOR's obligation under the
Contract.
7.5. Suspension of Work:
7.5.l.Ifthe work is defective, or the CONTRACTOR fails to supply sufficient skilled
workmen or suitable materials or equipment, or if the CONTRACTOR fails to
make prompt payments to subcontractors or for labor, materials or equipment, or
if the CONTRACTOR fails to comply with work schedules, the OWNER may
order the CONTRACTOR to stop all work, or any portion thereof, and terminate
payments to the CONTRACTOR until the cause for such order has been
eliminated. No extension of Contract time will be allowed for this suspension.
7.5.2.The OWNER may, at any time and without cause, suspend the work or any
portion thereof for a period of not more than ninety days by notice in writing to
the CONTRACTOR and the Engineer, which notice shall fix the date on which
the work shall be resumed. The CONTRACTOR will resume the work on the
date so fixed. The CONTRACTOR will be allowed an increase in Contract price
or an extension of the Contract time directly attributable to any suspension if he
makes a claim therefore as provided in the Contract, Paragraph 8.0, Changes in
the Work.
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7.6. Termination of Contract:
7.6.1.If the CONTRACTOR is adjudged as bankrupt or insolvent, or if he makes a
general assignment for the benefit of his creditors, or if a trustee or receiver is
appointed for the CONTRACTOR or for any of his property, or if he files a
petition to take advantage of any debtor's act, or to reorganize under the
bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled
workmen or suitable materials or equipment, or if he repeatedly fails to make
prompt payments to subcontractors or for labor, materials or equipment, or if he
disregards laws, ordinances, rules, regulations, or orders of any public body
having jurisdiction, or if he disregards the authority of the Engineer, or if he
otherwise violates any provision of the Contract Documents, then the OWNER
may, without prejudice to any other right or remedy and after giving the
CONTRACTOR and his surety ten (10) days written notice, terminate the
services of the CONTRACTOR and take possession of the project and of all
materials, equipment, tools, construction equipment, and machinery thereon
owned by the CONTRACTOR, and finish the work by whatever method he may
deem expedient. In such case, the CONTRACTOR shall not be entitled to
receive any further payment until the work is finished. If the unpaid balance of
the Contract price exceeds the direct or indirect costs of completing the project,
including compensation for additional professional services, such excess shall be
paid to the CONTRACTOR. If such costs exceed such unpaid balance, the
CONTRACTOR will pay the difference of the OWNER. Such costs incurred by
the OWNER will be determined by the Engineer and incorporated in a Change
Order.
7.6.2.Where the CONTRACTOR's services have been so terminated by the OWNER.
said termination shall not affect any rights of the OWNER against the
CONTRACTOR then existing or which may thereafter accrue. Any retention or
payment of monies by the OWNER due the CONTRACTOR will not release the
CONTRACTOR from liability.
7.6.3.Upon ten (10) days written notice to the CONTRACTOR and the Engineer, the
OWNER may, without cause and without prejudice to any other right or remedy.
elect to abandon the project and terminate the agreement. In such case, the
CONTRACTOR shall be paid for all work executed and any expense sustained
plus a reasonable profit not to exceed five percent (5%) over cost incurred.
8. RESPONSIBILITIES OF THE CONTRACTOR:
8.1. CONTRACTOR's Representative:
The CONTRACTOR shall keep on his work during its progress a competent superintendent
and any necessary assistants, all satisfactory to the Engineer. The superintendent shall not be
changed except with the consent of the Engineer unless the superintendent proves to be
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unsatisfactory to the CONTRACTOR and ceases to be in his employ. The superintendent
shall represent the CONTRACTOR in his absence, and all directives given to the
superintendent shall be as binding as if given to the CONTRACTOR. The CONTRACTOR
shall give efficient supervision to the work, using his best skill and attention.
8.2. CONTRACTOR's Understanding:
8.2.1.It is understood and agreed that the CONTRACTOR has, by careful examination,
satisfied himself as to the nature and location of the work, the conformation of
the ground, the character, quality and quantity of the materials to be encountered,
the character of equipment and facilities needed preliminary to and during the
prosecution of the work, the general and local conditions, and all other matters
which can in any way affect the work under this Contract. No verbal agreement
or conversation with any officer, agent or employee of the OWNER or the
Engineer, either before or after the execution of this Contract, shall affect or
modify any of the terms or obligations therein contained.
8.2.2.If the CONTRACTOR, in the course of the work, finds any discrepancy between
the drawings and the physical conditions of the locality, or any error or
omissions in the drawings or in the layout as given by points and instructions, or
discovers unforeseen underground or aboveground conditions or any other
unexpected conditions requiring additional work by the CONTRACTOR, it shall
be his duty to immediately inform the Engineer in writing, and the Engineer shall
promptly check the accuracy of the information. Any work done after such
discovery, until any necessary changes are authorized, will be done at the
CONTRACTOR's risk. See definition of "Notice", Page GCC-1.
8.2.3.If any part of the CONTRACTOR's work depends for proper execution or results
upon the work of any other CONTRACTOR, the CONTRACTOR shall inspect
and measure work already in place and shall at once report to the Engineer any
discrepancy between the executed work and the drawings. The CONTRACTOR
is at all times fully responsible for the work of the subcontractor as if it were the
CONTRACTOR's own work.
8.3. Quality of Material, Equipment or Work:
When any material or equipment not conforming to the requirements of the specifications
and drawings has been delivered to the project, or incorporated in the work of the project, or
whenever any work performed is of inferior quality, then such material or equipment or
work, whether known or unknown to the OWNER or the Engineer shall be considered to be
defective, and shall be removed and replaced, or made satisfactory to the OWNER or the
Engineer, at no cost to the OWNER.
8.4. Permits, Licenses, Taxes and Regulations:
8.4.1.All permits and licenses necessary for the prosecution of the work shall be
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secured and paid for by the CONTRACTOR.
8.4.2.The CONTRACTOR will pay all sales, consumer, use and other similar taxes
required by the law of the place where the work is performed.
8.4.3.The CONTRACTOR shall give all notices and comply with all laws, ordinances,
rules and regulations bearing on the conduct of the work as drawn and specified,
If the CONTRACTOR observes that the drawings and specifications are at
variance therewith, he shall promptly notify the Engineer in writing, and any
necessary changes shall be adjusted as provided in the Contract under Paragraph
8.0, Changes in the Work. If the CONTRACTOR performs any work contrary to
such laws, ordinances, rules and regulations, and does not comply with the
aforesaid procedure, he shall bear all cost incident to such violation. See
definition of "Notice", Page GCC-1,
8.5. Protection of Work, Persons and Property:
8.5.1.The CONTRACTOR shall continuously maintain adequate protection of all his
work from damage and shall protect all property from injury or loss arising in
connection with the Contract. He shall make good any such damage, injury or
loss, except such as may be directly due to errors in Contract Documents or
caused by agents or employees of the OWNER. He shall adequately protect
adjacent property as provided by law and the Contract Documents. He shall
provide and maintain all passageways, guard fences, lights and other facilities for
protection required by public authority, or local conditions. He shall provide
reasonable maintenance of traffic ways for the public and preservation of the
continuation of the OWNER's business, taking into full consideration all local
conditions. He shall comply with the Florida Department of Commerce Safety
Regulations, the "Manual on Traffic Controls and Safe Practices for Street and
Highway Construction, Maintenance and Utility Operations", the Palm Beach
County Land Development Permit, and any local safety regulations.
8.5.2.In case of failure on the part of the CONTRACTOR to promptly restore damaged
property, or make good such damage or injury, the OWNER may, after 48 hours
notice to the CONTRACTOR, proceed to repair, rebuild or otherwise restore
such property as may be deemed necessary and the cost thereof will be deducted
from any monies due or which may become due the CONTRACTOR under this
Contract.
8.6. Scope of the CONTRACTOR's Service:
8.6.1.Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all
bonds, insurance, materials, labor, tools, equipment, light, power, water,
transportation and other facilities necessary for the execution and completion of
the work.
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8.6.2.The CONTRACTOR shall furnish free of charge all labor, stakes, surveys, batter
boards for structures, grade lines and materials and supplies and shall set
construction stakes and batter boards for establishing lines, position of structures,
slopes and other controlling points necessary for the proper prosecution of the
construction work. The stakes, as set, will be checked and approved by the
Engineer before construction commences. These stakes and marks shall
constitute the field control by and in accord with which the CONTRACTOR
shall govern and execute the work. The CONTRACTOR will be held responsible
for the preservation of all stakes, marks and, if for any reason any of the stakes or
marks or batter boards become destroyed or disturbed, they will be immediately
and accurately replaced by the CONTRACTOR.
8.7. Responsibility for the Work:
Prior to the completion of the work by the CONTRACTOR and the acceptance thereof by the
OWNER, the work shall remain at the risk of the CONTRACTOR and said CONTRACTOR
shall be required to repair, replace, renew and make good at his own expense all damages
caused by force or violence of the elements or any cause whatsoever, provided, however, that
in such cases the CONTRACTOR shall be entitled to a reasonable extension of time within
which to complete said work. If the cause of the delay shall be due to the negligence, fault or
omission of the CONTRACTOR, the CONTRACTOR shall not be entitled to the extension
of time mentioned in the said paragraph.
8.8. CONTRACTOR's Right to Terminate Contract:
If the work should be stopped for a period of three (3) months, under an order of any court or
public authority, other than by the OWNER, through no act or fault of the CONTRACTOR
or of anyone employed by him, then the CONTRACTOR may, upon thirty (30) days written
notice to the OWNER and the Engineer, terminate his Contract and recover from the
OWNER payment for all work executed and any expense sustained plus a reasonable profit
thereon.
8.9. Removal of Equipment:
In the case of annulment of this Contract before completion, from any cause, except that
stated in Paragraph 8.8 above, the CONTRACTOR, if notified to do so by the OWNER, shall
promptly remove any part or all of this equipment and supplies at the expense of the
CONTRACTOR.
8.10. Public Entity Crimes:
8.10.1. Legal Requirements: Federal, State, County, City and Community
Redevelopment laws, ordinances, rules, and regulations that in any manner
affect the items covered herein apply. Lack of knowledge by the Proposer will
in no way be a cause for relief from responsibility.
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8.10.2. On Public Entity Crimes: All invitations to bid as defined by Section
287.012(11), Florida Statutes, requests for proposals as defined by Section
287.012(16), Florida Statutes, and any contract document described in Section
287.058, Florida Statues, shall contain a statement informing persons of the
provisions of paragraph (2) (a) of Section 287,133, Florida Statutes, which reads
as follows:
8.10.2.1. "A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a
proposal on a contract or provide any goods or services to a public
entity, may not submit a proposal on a contract with a public entity for
the construction or repair of a public building or public work may not
submit proposals on leases of real property to a public entity, may not
be awarded or perform work as a CONTRACTOR, supplier,
subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO
for a period of 36 months from the date of being placed on the
convicted vendor list".
9. THE AUTHORITY AND DUTIES OF THE ENGINEER:
9.1. Status of the Engineer:
The work shall be subject at all times to the review of the Engineer, or his authorized
assistants. The Engineer shall decide any and all questions which may arise as to the quality
and acceptability of materials furnished, work performed, rate of progress of work, areas of
work, maintenance of schedules, interpretation of drawings and specifications, and all
questions as to the acceptable fulfillment ofthe Contract on the part of the CONTRACTOR.
In case of differences between the drawings and specifications, the Engineer shall make a
determination as to whether the specifications or drawings represent the intent of the
Contract, and such determinations shall be communicated to the CONTRACTOR in writing.
All claims of the CONTRACTOR shall be presented in writing to the Engineer for decision.
The Engineer's decision shall be made in writing within a reasonable time. All decisions of
the Engineer shall be final except in cases where time and/or financial considerations are
involved. See definition of "Notice", Page GCC-l.
9.2. Examination of the Work:
9.2.1. The Engineer, and his authorized assistants, shall have free access to the work of
the CONTRACTOR at any time for purposes of observation, and shall be
furnished by the CONTRACTOR with facilities to determine, as best as can
reasonably be done under the circumstances, the work performed and the nature
of same. Such assistance of the CONTRACTOR shall, if necessary, include the
uncovering, testing or removal of portions of finished work.
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9.2.2. Duly authorized inspectors, who shall perform their duties periodically on the
project, may be assigned to the project, or any part thereof at any time. The
number of inspectors will be at the direction of the OWNER. The presence or
absence of any inspector shall in no way lessen the responsibility of the
CONTRACTOR to perform properly the CONTRACTOR's duties to the
OWNER under these Contract Documents. In case any dispute arises between
the CONTRACTOR and an inspector as to materials furnished, or the manner
and method of performing the work, the inspector shall have authority to reject
materials or work, to suspend work until the question at issue can be referred to
and decided by the Engineer. An inspector is not authorized to revoke, alter,
enlarge, relax, release or amend any of the specifications or requirements thereof,
nor to issue any instructions on, nor to approve or accept any portion of the
work, or materials, or equipment which are contrary to the drawings and
specifications; nor are any of his actions, authorized or unauthorized, to be so
construed.
9.2.3.All materials shall be subject to examination and test by the Engineer at any time
during manufacture, and at all places where such manufacture is being carried
on. The right is reserved to reject defective materials during manufacture or
before they have been incorporated into the work. If the CONTRACTOR fails to
replace defective work or rejected materials, the OWNER may replace such
materials or correct such defective work and charge the cost thereof to the
CONTRACTOR, or may terminate the right of the CONTRACTOR to proceed
under Paragraph 7.6 of the General Conditions for Construction.
9.2.4.Since no inspection either final or interim can be complete within itself, no final
inspection, acceptance of work, material or equipment or final or interim
acceptance of same by the OWNER or Engineer, or certificate of Engineer shall
relieve the obligation of the CONTRACTOR to the OWNER to do the work in a
good, workmanlike manner, and to furnish proper, specified equipment and
materials, and to perform properly all and any obligations and duties to the
OWNER under the terms of the Contract Documents.
10. DUTIES. RESPONSIBILITIES AND AGENCY OF RESIDENT INSPECTOR:
The OWNER shall have the right to appoint a resident inspector not employed by the Engineer.
Prior to the commencement of work, the OWNER, if it shall appoint a resident inspector, shall
notify the Engineer and the CONTRACTOR of the name and address of the resident inspector
and the general scope of the inspection duties as regards to the CONTRACTOR's project, which
the resident inspector will perform on behalf of the OWNER. In the event that such appointment
is made by the OWNER, it shall be understood between the OWNER, the CONTRACTOR and
the Engineer, that such resident inspector shall be the agent and employee of the OWNER and
not of the Engineer. Interpretations of the Contract conditions and specifications and directions
to the CONTRACTOR made by the resident inspector shall not be deemed to be the act of the
Engineer, but exclusively that of the OWNER unless the Engineer shall, in writing, joins in or
endorses the said direction, interpretation, or recommendation of the resident inspector. The
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resident inspector's authority shall be limited to observing the work of the CONTRACTOR on
behalf of the OWNER in order to assist the OWNER in determining that the CONTRACTOR is
complying with the terms of the Contract.
The Engineer agrees to cooperate with and to consult with the resident inspector if appointed by
the OWNER, but the resident inspector shall not be subject to the direction of the Engineer, nor
shall the Engineer be responsible for the resident inspector's judgment or conduct. In accordance
with their general duties and responsibilities provided for elsewhere in these conditions, in the
event of a dispute between the resident inspector and the Engineer concerning matters of
interpretation of the Contract, engineering judgment or standard of performance of the
CONTRACTOR, the opinion of the Engineer shall be controlling.
11. WORK BY OTHERS:
The OWNER reserves the right to let other Contracts in connection with this work. The
CONTRACTOR shall afford other CONTRACTORs reasonable opportunity for the introduction
and storage of their materials and execution of their work, and shall promptly connect and
coordinate this work with theirs.
12. INSURANCE REQUIREMENTS:
Refer to Request for Proposals, VIII. (A) Insurance Qualifications, for the Insurance
requirements.
13. PAYMENTS TO THE CONTRACTOR:
13.1. Schedule of Values:
A. The Schedule of Values established as provided in the CONTRACTOR's
proposal as specified in the Request for Proposal, Attachment B, will serve as the basis for
progress payments and will be incorporated into a form of Application for Payment
acceptable to Engineer. Progress payments on account of Unit Price Work will be based on
the number of units completed.
13 .1.1. Progress Payments:
A. Applications for Payments
1. At least ten (10) days before the date established for each progress payment
(but not more often than once a month), CONTRACTOR shall submit to
Engineer for review an Application for Payment filed out and signed by
CONTRACTOR covering the Work completed as of the date of the
Application and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered and
suitably stored at the Site or at another location agreed to in writing, the
GCC-13
Application for Payment shall also be accompanied by a bill of sale, invoice,
or other documentation warranting that OWNER has received the materials
free and clear of all Liens and evidence that the materials and equipment are
covered by appropriate property insurance or other arrangements to protect
OWNER's interest therein, all of which must be satisfactory to OWNER.
2. Beginning with the second Application for Payment, each Application shall
include an affidavit of CONTRACTOR stating that all previous progress
payments received on account for the Work have been applied on account to
discharge CONTRACTOR's legitimate obligations associated with prior
Applications for Payment. So long as the work is prosecuted in compliance
with the provisions of the Contract, the CONTRACTOR will make an
approximate estimate, in writing on a form approved by the Engineer of the
proportionate value of the work done, items, and locations of the work
performed up to and including the last day of the period then ending. The
Engineer will then review said estimate and make the necessary revisions so
that the estimate can receive his approval. If the CONTRACTOR and the
Engineer do not agree on the approximate estimate of the proportionate value
of the work done for any pay period, the determination of the Engineer shall
be binding. The CONTRACTOR may also include in the estimate the value of
the materials stored on the job site, provided the CONTRACTOR submits
copies of paid invoices covering such material. The amount of said estimate
after deducting ten percent (10%) and all previous payments shall be due and
payable to the CONTRACTOR within thirty (30) days after presentation of
the estimate to the OWNER. The ten percent (10%) deduction shall not be
applied to the amount of the materials stored.
The amount retained may be reduced to 5% at the discretion of the Engineer
when said project exceeds 90% of the original Contract amount. It is
understood that payments for such material do not relieve the
CONTRACTOR of the responsibility for the care of the materials, and nay
damage to or loss of said materials is the full responsibility of the
CONTRACTOR. Any Periodical Pay Estimate signed by the CONTRACTOR
shall be final as to the CONTRACTOR for any or all work covered by the
Periodical Pay Estimate.
B. Review of Payment Applications:
1. Engineer will, within five (5) days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present
the Application to OWNER or return the Application to CONTRACTOR
indicating in writing Engineer's reasons for refusing to recommend payment.
In the latter case, CONTRACTOR may make the necessary corrections and
resubmit the Application.
2. Engineer's recommendation of any payment requested in an Application for
Payment will constitute a representation by Engineer to OWNER, based on
GCC-14
Engineer's observations on the site of the executed Work as an experienced
and qualified design professional and on Engineer's review of the Application
for Payment and the accompanying data and schedules, that to the best of
Engineer's knowledge, information and belief:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract
Documents:
c. the conditions precedent to CONTRACTOR's being entitled to such
payment appear to have been fulfilled in so far as it is Engineer's
responsibility to observe the Work.
3. By recommending any such payment Engineer will not thereby be deemed to
have represented that (i) inspections made to check the quality or the quantity
of the Work as it has been performed have been exhaustive, extended to every
aspect of the Work in progress, or involved detailed inspections of the Work
beyond the responsibilities specifically assigned to Engineer in the Contract
Documents; or (ii) that there may not be other matters or issues between the
parties that might entitle CONTRACTOR to be paid additionally by OWNER
or entitle OWNER to withhold payment to CONTRACTOR.
4. Neither Engineer's review of CONTRACTOR's Work for the purposes of
recommending payments nor Engineer's recommendation of any payment,
including final payment, will impose responsibility on Engineer to supervise,
direct, or control the Work or for the means, methods, techniques, sequences,
or procedures of construction, or the safety precautions and programs incident
thereto, or for CONTRACTOR's failure to comply with Laws and
Regulations applicable to CONTRACTOR's performance of the Work.
Additionally, said review or recommendation will not impose responsibility
on Engineer to make any examination to ascertain how or for what purposes
CONTRACTOR has used the moneys paid on account of the Contract Price,
or to determine that title to any Work, materials, or equipment has passed to
OWNER free and clear of any Liens.
5. Engineer may refuse to recommend the whole or any part of any payment if,
in Engineer's opinion, it would be incorrect to make the representations to
OWNER referred to in paragraph 13.1.1B.2. Engineer may also refuse to
recommend any such payment or, because of subsequently discovered
evidence or the results of subsequent inspections or tests, revise or revoke any
such payment recommendation previously made, to such extent as may be
necessary in Engineer's opinion to protect OWNER from loss because:
a. the Work is defective, or completed Work has been damaged,
requiring correction or replacement;
b. the Contract Price has been reduced by Written Amendment or Change
Orders;
c. Owner has been required to correct defective Work or complete Work
GCC-15
in accordance with Paragraph 7.4 and 7.5.
C. Payment Becomes Due
1. Thirty (30) days after presentation of the Application for Payment to OWNER
with Engineer's recommendation, the amount recommended will (subject to
the provisions of paragraph 13.1.1.D.) become due, and when due will be paid
by OWNER to CONTRACTOR.
D. Reduction in Payment
1. OWNER may refuse to make payment of the full amount recommended by
Engineer because:
a. Claims have been made against OWNER on account of
CONTRACTOR's performance or furnishing ofthe Work;
b. Liens have been filed in connection with the Work, except where
CONTRACTOR has delivered a specific Bond satisfactory to
OWNER to secure the satisfaction and discharge of such Liens;
c. There are other items entitling OWNER to a set-off against amount
recommended; or
d. OWNER has actual knowledge of the occurrence of any of the events
enumerated in paragraphs 13 .1.1.B. through 13 .1.1.B.5 .c.
2. If OWNER refuses to make payment of the full amount recommended by
Engineer, OWNER must give CONTRACTOR immediate written notice
(with a copy to Engineer) stating the reasons for such action and promptly pay
CONTRACTOR any amount remaining after deduction of the amount so
withheld. OWNER shall promptly pay CONTRACTOR the amount so
withheld or any adjustment thereto agreed to by OWNER and
CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction
the reasons for such action.
3. If it is subsequently determined that OWNER's refusal of payment was not
justified, the amount wrongfully withheld shall be treated as an amount due as
determined by paragraph 13.1.1. C.1.
13.2. CONTRACTOR's Warranty of Title:
13.2.1. The CONTRACTOR warrants and guarantees that title to all work materials
and equipment covered by any application for payment, whether incorporated in
the project or not, will pass to the OWNER at the time of payment free and clear
of all liens, claims, security interests and encumbrances (hereafter in these
General Conditions referred to as "Liens").
13.2.1.1. The CONTRACTOR agrees to furnish an affidavit stating that all laborers,
material men and subcontractors have been paid on the project for work
covered by the application for payment and that a partial or complete release
GCC-16
of lien as may be necessary, be properly executed by the material men.
laborers and subcontractors on the project for the work covered by the
application for payment sufficient to secure the OWNER from any claim
whatsoever arising out of the aforesaid work
13.3. Correction of Work Before Final Payment:
13.3.1. The CONTRACTOR shall promptly remove from the premises all material
condemned by the Engineer as failing to conform to the Contract whether
incorporated in the work or not, and the CONTRACTOR shall promptly replace
and re-execute his own work in accord with the Contract and without expense to
the OWNER, and shall bear the expense of making good all work of other
CONTRACTORs destroyed or damaged by such removal or replacement.
13.3.2. If the CONTRACTOR does not remove such condemned work and materials
within a reasonable time, fixed by written notice, the OWNER may remove
them and may store the materials at the expense of the CONTRACTOR. If the
CONTRACTOR does not pay the expense of such removal within ten (10) days
time thereafter, the OWNER may, upon ten (10) days written notice, sell such
materials at auction or at private sale and shall account for the net proceeds
thereof after deducting all the cost and expenses that should have been borne by
the CONTRACTOR,
13.4. Liens:
Neither the final payment nor any part of the retained percentage shall become due until the
CONTRACTOR shall deliver to the OWNER a complete release of all liens arising out of
this Contract, or receipts in full in lieu thereof, and in addition thereto, in either case, an
affidavit that so far as the CONTRACTOR has knowledge or information, the releases and
receipts include all the labor and material for which a lien could be filed, but the
CONTRACTOR may, if any subcontractor refuses to furnish a release or receipt in full,
furnish a bond satisfactory to the Engineer to indemnify the OWNER against any lien. If any
lien remains unsatisfied after all payments are made, the CONTRACTOR shall refund to the
OWNER all money payments that the latter may be compelled to pay in discharging such a
lien, including all costs, interest, and a reasonable attorney's fee.
13.5. Substantial Completion ReviewIFinal Inspection:
When the CONTRACTOR has completed the work in compliance with the terms of the
Contract Documents, he shall notify the Engineer in writing that the project is ready for
substantial completion review. The Engineer will then advise the CONTRACTOR as to the
arrangements for inspection and what work, if any, is required to prepare the project or a
portion thereof for inspection. When the Engineer determines the project or portion thereof is
ready for inspection, he shall perform same, along with the CONTRACTOR and OWNER's
Representative. Upon completion of the inspection, the Engineer will prepare a list of errors
of either commission or omission by the CONTRACTOR reasonably observable and
GCC-17
determined under the conditions governing and restricting said inspection. When all such
errors have been corrected, a final re-inspection will be made. The process will be repeated
until, in the opinion of the OWNER's Representative, the project has been completed in
compliance with the terms of the Contract Documents as can best and reasonably be
observed and determined under the conditions governing and restricting said final inspection.
The Engineer will then, pursuant to such inspection and re-inspection, certify to the OWNER
as to completion of final inspection. It is understood that the certification covers only those
items which can be physically inspected and the Engineer's certificate indicates compliance
within the standards of the construction industry as interpreted by the Engineer.
13.6. Final Acceptance:
When the Engineer shall certify to the OWNER's Representative as to completion of the
final inspection, the CONTRACTOR may make request for final payment. With the request
for final payment, the CONTRACTOR shall furnish evidence satisfactory to the OWNER's
Representative that the CONTRACTOR has fully paid all debts for labor, materials and
equipment incurred in connection with the work. The CONTRACTOR must provide all
evidence required by the Contract to assure the OWNER's Representative of complete
compliance with all terms of the Contract. When the OWNER's Representative has satisfied
himself as to compliance with the terms of the Contract and has received certification of final
inspection, he will notify the CONTRACTOR of final acceptance by the OWNER's
Representative. The date of final acceptance will be assumed as the date of final completion
of the project unless previous agreement has been made by the OWNER's Representative
with the CONTRACTOR.
13.7. Final Payment:
When final acceptance has been made by the OWNER, the Engineer will then review the
amount of final request for payment and certify the amount of this approval. Upon approval
of the Engineer, the OWNER will make final payment of the Contract amount, plus all
approved additions, less approved deductions and previous payments made.
13.8. Termination of CONTRACTOR's Responsibility:
The Contract will be considered complete when all work has been finished, the final
inspection certified by the Engineer, and the project finally accepted in writing by the
OWNER. The CONTRACTOR's responsibility shall then terminate except as otherwise
required and set out in these Contract Documents.
14. WARRANTY AND GUARANTEE PROVISIONS:
All materials and equipment furnished by the CONTRACTOR and all construction work and
workmanship involved in this Contract shall be, and the same is hereby guaranteed and
warranted by the CONTRACTOR for a period of one (1) year, or the time designed in the
standard factory warranty, whichever is longer from written final acceptance by the OWNER.
All materials, equipment and workmanship furnished, installed and performed by the
GCC-I8
CONTRACTOR is warranted and guaranteed by the CONTRACTOR to the OWNER to be such
as to meet the required standards and to accomplish the purposes and functions of the project as
defined, detailed and specified in these Contract Documents. The OWNER shall, following
discovery thereof, promptly give written notice to the CONTRACTOR of faulty materials.
equipment, or workmanship within the period of guarantee. Any part of the equipment, material
or workmanship which does not comply with the warranty and guarantee shall be promptly
replaced by the CONTRACTOR at his own cost and without cost to the OWNER. These
warranty and guaranty provisions create no limitations on the OWNER as to any claims or
actions for breach of guaranty or breach of warranty that the OWNER might have against parties
other than the CONTRACTOR, and do not constitute exclusive remedies ofthe OWNER against
the CONTRACTOR and are not intended to and shall not limit any other rights, remedies, or
causes of action which the OWNER might exercise against the CONTRACTOR, and shall not
alter nor modify the application of the Statute of Limitations as established by the Statutes of the
State of Florida. Venue shall be in Palm Beach County, Florida; therefore this Contract is
governed by the Laws of Palm Beach County and the State of Florida.
15. EXISTING UNDERGROUND UTILITIES:
Representation of underground utilities is shown from information received from the various
utility OWNERs. The locations or elevations of utilities are not represented to be exact and are
shown for the convenience of the CONTRACTOR. The CONTRACTOR shall contact the utility
OWNER concerned for any available additional information and coordinate his construction
activities accordingly. Any cost incurred for the protection of and/or damages to existing
underground utilities will be considered as part of the applicable Contract price and no additional
compensation will be paid to the CONTRACTOR. If, in the judgment of the Engineer, it is
impossible to construct a given improvement in the location shown on the drawings, as a result
of underground utility or utilities, either the utility OWNER will move the existing underground
utility or an appropriate Change Order will be executed for the moving by the CONTRACTOR.
16. CLAIMS AND DAMAGES:
16.1. Requirement for Notice:
Any requirement of the Contract Documents (or) for notice or direction by the Engineer shall
be a condition precedent to be complied with by the CONTRACTOR before any claim for
extra compensation can be made. See definition of "Notice", Page GCC-1.
16.2. Claims for Extra Cost:
If the CONTRACTOR claims that any instructions in writing or by drawings or otherwise
involve extra cost under this Contract, he shall give the Engineer written notice within a
reasonable time after the receipt of such instructions, and in any event before proceeding to
execute the work, except in emergency endangering life or property. A decision by the
Engineer will then be made as specified in Paragraph 9.1 of this division. If this decision
requires a Change Order, the procedure shall be as provided for in the Contract, Paragraph
8.0, Changes in the Work. See definition of "Notice", Page GCC-1. No claim shall be valid
GCC-19
unless so made.
16.3. Claims for Damages:
Any claim for damages by the CONTRACTOR against the OWNER arising under this
Contract shall be made in writing to the party liable within thirty (30) days of the first
observance of such damage, except as expressly stipulated otherwise in the case of faulty
work or materials and shall be adjusted by agreement validated by Change Order. Any claim
not reported within thirty (30) days shall not be considered valid. See definition of ''Notice'',
Page GCC-l.
16.4. Liquidated Damages:
If the CONTRACTOR refuses or fails to prosecute the work, or any separable part thereof,
with such diligence as will insure its completion within the time specified in the proposal, or
any extension thereof, or fails to complete said work within such time, the OWNER may, by
written notice to the CONTRACTOR, terminate his right to proceed with the work or such
part of the work on which there has been delay. In such event, the OWNER may take over
the work and prosecute the same to completion, by Contract or otherwise, and the
CONTRACTOR and his Sureties shall be liable to the OWNER for any excess cost
occasioned the OWNER thereby. If the CONTRACTOR's right to proceed is so terminated,
the OWNER may take possession of and utilize in completing the work such materials,
appliances, and plant as may be on the site of the work, and necessary therefore. If the
OWNER does not terminate the right of the CONTRACTOR to proceed, the
CONTRACTOR shall continue the work, in which event the actual damages for the delay
will be impossible to determine and in lieu therefore, the CONTRACTOR shall pay to the
OWNER the sum specified in the Instructions to Proposers, Paragraph 24 as fixed, agreed
upon as liquidated damages for each calendar day of the delay until certification of
substantial completion by the OWNER.
16.5. Additional Engineer Expense:
Should the CONTRACTOR fail to complete the work during the specified number of
calendar days, it is agreed that for each day of overrun until final completion, all expense of
supervision and inspection furnished by the OWNER and/or the Engineer shall be at the
expense of the CONTRACTOR and/or his Surety. Such architectural expense shall be
considered to be equal to the job payroll of the OWNER and/or the Engineer plus 150
percent (150%) thereof for overhead, plus on-the-job mileage. Such architectural expense
will be deducted from monies due the CONTRACTOR. The amount of such expenses shall
be construed to be in addition to other damages for delays that might be assessed by the
OWNER.
17. INTERPRETATION OF CONTRACT:
In the event of a conflict in the interpretation of the Contract or the terms of the Contract, or the
drawings and specifications, the opinion of the Engineer shall be final.
GCC-20
18. INDEMNIFICATION:
18.1. The CONTRACTOR shall indemnify and hold harmless the OWNER, the Engineer,
and its other agents, officers and employees from and against all claims, damages,
losses and expenses, including but not limited to attorney's fees, arising out of or
resulting from the work, provided that the claim, damage, loss and expense is caused in
whole or in part by any negligent act or omission of the OWNER, the CONTRACTOR.
any subcontractor, anyone directly or indirectly employed by anyone of them or
anyone for whose acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder.
18.2. The OWNER agrees to pay to the CONTRACTOR the sum of $500.00 as specified
consideration for the above stated indemnification in accordance with the provisions of
F.S.A., Section 725.06.
19. ROYALTIES AND PATENTS:
The CONTRACTOR shall pay all royalties and license fees for equipment or processes in
conjunction with the equipment he is furnishing. He shall defend all suits or claims for
infringement of any patent right and shall save the OWNER harmless from loss on account
thereof and cost and attorney's fees incurred therefore.
20. CLEAN-UP:
The CONTRACTOR shall keep the construction site free of rubbish and waste materials and
shall restore to their original condition those portions of the site disrupted by the construction.
Clean up and restoration shall be accomplished on a continuing basis throughout the Contract
period and in such a manner as to maintain a minimum of nuisance and interference to the
OWNER, residents and workers at or adjacent to the project site. The CONTRACTOR shall also
remove, when no longer needed, all temporary structures and equipment used in his operations.
It is the intent of this specification that the construction areas and those other areas not
designated for alteration by the Contract Documents shall be restored to their original condition
as nearly as possible.
21. SANITARY REGULATIONS:
Adequate sanitary conveniences for the use of persons employed on the work, properly secluded
from public observations, shall be constructed and maintained by the CONTRACTOR in such a
manner and at such points as shall be approved by the Engineer. These conveniences shall be
maintained at all times without nuisance and their use shall be strictly enforced. Upon
completion of the work, they shall be removed from the premises, leaving all clean and free from
nuisance. No existing facilities will be used by the CONTRACTOR or any of the subcontractors.
GCC-21
22. INSPECTIONS AND TESTING OF MATERIALS AND EOUIPMENT:
The CONTRACTOR shall pay for all tests required on equipment or materials. Copies of tests or
certifications on pipe, brick or other materials made at the factory shall be furnished in triplicate
to the Engineer. Test reports on equipment shall be reviewed by the Engineer before the
equipment covered by the tests is delivered to the project site. Test requirements are set out in the
detailed specifications for the particular materials.
23. SAFETY AND HEALTH REGULATIONS:
23.1. The CONTRACTOR shall comply with the Department of Labor Safety and Health
Regulations for construction promulgated under the Occupational Safety and Health
Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety
Standards Act (PL 91-54).
23.2. The CONTRACTOR shall allow representatives of the Department of Labor full access
to the
Project for inspection.
23.3. The CONTRACTOR certifies that all employees, subcontractors, agents, etc., shall
comply with OSHA and state and safety regulations and requirements.
END OF GENERAL CONDITIONS FOR CONSTRUCTION
GCC-22
SUPPLEMENT ARY GENERAL CONDITIONS FOR CONSTRUCTION
1. SIGNAGE:
No individual advertising signs, plaques or credits, temporary or permanent, will be
permitted on or about premises except names of respective CONTRACTOR painted
on his office or material shed.
1.1 Project Identification Sign:
A. Provide one painted sign, 3 ft. x 3 ft. ; bottom 3-4 feet above ground;
installed in a prominent location approved by OWNER. Sign
constructed of %" exterior grade plywood mounted on 4" x 4" pressure
treated wood posts, and painted by a professional sign painter. No
other signs are allowed without OWNER permission, except those
required by law.
B. Content: Design and color shall be as approved by OWNER's
Representative. Content as determined by BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY.
C. Maintenance: Maintain sign and supports; clean, repair deterioration
and damages.
D. Removal of signs: Remove sign, framing, supports, and foundations at
completion of project.
1.2 Provide as soon as site is secure, "NO TRESPASSING - DESIGNATED
CONSTRUCTION SITE" signs and "THIS IS A HARD HAT AREA" signs
as applicable and required.
2. PROJECT MEETINGS
2.1 Requirements Included
A. CONTRACTOR shall schedule and administer periodic progress
meetings and specially called meetings throughout progress of the
work.
1) Prepare agenda for meetings
2) Distribute written notice of each meeting four (4) days in advance
of meeting date
3) Make physical arrangements formatting
SGC
4) Preside at meetings
5) Record the minutes, including significant proceedings and
decisions
6) Reproduce and distribute copies of minutes within three (3) days
after each meeting to participants in the meeting and to parties
affected by decisions made at the meeting. Furnish three (3) copies
of minutes to OWNER's Representative.
B. Representatives of CONTRACTOR, subcontractors and suppliers
attending meetings shall be qualified and authorized to act on behalf of
the entity each represents.
C. Suggested Agenda:
1) Review of work progress since previous meeting
2) Field observations, problems, conflicts
3) Review of off-site fabrication, delivery schedule
4) Corrective measures and procedures to regain projection schedule
5) Revisions to Construction schedule
6) Progress schedule during succeeding work period
7) Coordination of schedules
8) Review submittal schedules; expedite as required
9) Maintenance of quality standards
10) Review proposed changes
11) Other business
3. PROJECT RECORD DOCUMENTS
3.1 Requirements Included
A. Maintain at the site of the OWNER, one record copy of:
1) Drawings
SGC - 2
2) Specifications
3) Change orders and other modifications to the Contract
4) Design Engineer Field Orders or written instructions
5) Approved Shop Drawings, Product Data and Samples
6) Field Test Records
3.2 Related Requirements
A. All applicable sections of the Specifications
B. Conditions of the Contract
3.3 Maintenance of Documents and Samples
A. Store documents and samples in CONTRACTOR's field office
apart from documents used for construction. Provide files and
racks for storage of documents and samples.
B. File documents and samples in accordance with Section number
listings ofthese specifications.
C. Maintain documents in a clean, dry, legible condition. Do not use
record documents for construction purposes.
D. Make documents and samples available for inspection by
Architect.
3.4 Recording
A. Label each document, "PROJECT RECORD" in neat, large printed
letters, or by rubber stamp.
B. Record information concurrently with construction progress. Do not
conceal any work until required information is recorded.
C. Project Record Documents shall be made available to the OWNER or
his representatives for inspection to assure the "As-Builts" are up
to date before monthly pay requests are approved.
D. Drawings, legibly marked in ink, to record actual construction:
'oCiC
1) Location of internal utilities and appurtenances concealed in the
construction, referenced to visible and accessible features of the
structure
2) Field changes of dimension and detail
3) Changes made by Field Order or by Change Order
4) Field developed details not on original Contract documents
E. Specifications and Addenda: Legibly mark each Section to record
changes made by Field Order or by Change Order.
3.5 Submittal
A. At Contract close-out, deliver Record Documents to Owner's
Representative/Engineer and to the OWNER.
END OF SUPPLEMENTARY GENERAL CONDITIONS FOR CONSTRUCTION
SGC - 4
REQUEST FOR PROPOSAL (RFP)
PROJECT:
Boynton Harbor Marina Fuel Dock Reconstruction Project
July 2010
i~'~qY~Te~ eRA
. East Side...West Side-Seaside Renaissance
PROJECT OWNER:
Boynton Beach
Community Redevelopment Agency
J A:.RY~Te~,CRA
ilIj E.utStde...~:Lt~de:...ScaIl" ~SUrKe
TABLE OF CONTENTS
Section
Page
I. ADVERTISEMENT FOR REQUEST FOR PROPOSAL..................................................2
II. INTRODUCTION AND BACKGROUND .............................................................................2
III. SCOPE OF WORK ...........................................................................................................,............... 3
IV. DESCRIPTION OF PROPERTY...,..,.................................................................,......................4
V. SCHEDULE ........,..'...,................................................,....................,...,...,....."...,...........................,..5
VI. REQUEST FOR CLARIFICATIONS OR OTHER QUESTIONS.................................5
VII. CONTENTS OF PROPOSAL.......,.....................................,.....".,.....,..,.........,............................6
VIII. OTHER TERMS AND CONDITIONS .................,.........................................,........,............10
IX. RESERVATION OF RIGHTS ..........................................................,........................................15
X. EVALUATION AND RANKING PROCESS...............................,........................................15
EXHIBITS:
EXIDBIT I. FUEL DOCK PROJECT AREA AERIAL
APPENDICES:
I - XVI
ATTACHMENTS: A & B
Advertisement for Request for Proposals
TmS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ltY~ Ic?~~
. E,~l S:dt.:-Wl:ll S-1d('"' $.cA;l,df ~M'1un~'
Boynton Beach Community Redevelopment Agency
Boynton Harbor Marina Project: Marina Fuel Dock Reconstruction
I. ADVERTISEMENT FOR REQUEST FOR PROPOSAL
The Boynton Beach Community Redevelopment Agency (Boynton Beach CRA) is
seeking Proposals for the renovation of the Boynton Harbor Marina (Project). Proposals
will be issued on July 16, 2010 and are due no later than August 17, 2010 at 4:00 p.m.
At that time, all Proposals received shall be logged in as having been received no later
than the closing time and date for the receipt of Proposals.
Submit one (1) original and six (6) original copies of the Proposal:
Boynton Beach Community Redevelopment Agency
CRA Executive Director
915 South F edera1 Highway
Boynton Beach, FL 33435
Clearly mark the outside of the Proposal as: "Marina Fuel Dock Reconstruction Project -
Contractor. "
The successful Proposer(s) will be required to furnish a one-hundred-percent (100%)
Performance Bond and Labor and Material payment bond.
No Proposal may be withdrawn after the scheduled closing for receipt of Proposals for a
period of ninety (90) days. The Boynton Beach CRA reserves the right: to waive minor
informalities in the Proposals; to reject any and all Proposals; to abandon the project; to
re-advertise the Request for Proposals: or to take any other action deemed in the best
interest of the Boynton Beach CRA.
The following instructions are given for the purpose of guiding Proposers in properly
preparing their proposals or Proposals. These directions have equal force and weight with
the specifications and strict compliance is required with all the provisions herein
contained.
II. INTRODUCTION AND BACKGROUND
The Boynton Beach CRA purchased the fuel dock facility and operation in January 2007.
The intent of the acquisition was to provide additional public access to the waterfront as
well as continue operation of the marine fueling facility for boating and fishing that will
welcome Boynton Beach residents to the waterways for generations to come. Future
improvements to the 7,000 square foot slice ofland north of the Two Georges Restaurant
include a new harbor master building, public restrooms and a passive park space.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
2
.;~RY~Te~CRA
~ Ea." Stde-Wes.tSi....SalllH "NIIiSUMe
The initial marina purchase was financed with money from a bond issued in December
2005. To support restoration efforts, the Boynton Beach CRA also applied for and
received Palm Beach County bond money earmarked to help preserve public waterfront.
III. SCOPE OF WORK:
Contractor shall provide all materials, labor, permitting and maintenance of traffic (both
marine and vehicular) to perform the necessary construction activities to construct the
fuel dock improvements, as specified in the construction plans as prepared by Sea
Diversified, Inc., a consultant to the Boynton Beach CRA. The scope of work (Work)
includes the following:
1) Construction of approximately two hundred and forty (250) feet of fixed dockage
2) Remove and reconnect existing utility service pedestals to facilitate construction
of the new dock
3) Full inspection of site and bulkhead structures to ensure stability.
All construction is to meet or exceed all materials quality specifications. No deviations
from plans will be approved without prior written request, notification to Owner and
formal approval issued by the Owner. Contractor is to provide a full-time Construction
Manager assigned to the Project. Contractor is to provide all storage of materials, either
onsite as approved by the Client or offsite as needed, but at no time are construction
activities to impede access, parking or deliveries to the existing restaurants or other active
marine businesses utilizing the marina. In the event that temporary disruption of activities
is necessitated due to waterward construction, Contractor is to provide written
notification of activity, a schedule of construction activities and a guaranteed completion
date of activities. Contractor shall receive approval of business impact construction
activities prior to initiation of any work activities. To the maximum extent possible all
construction activities should be conducted in a manner to limit any disruption of daily
and routine fuel dock operations.
PROJECT PACKAGES: All requests for a Project package shall be in writing and
accompanied by a $100.00 non-refundable payment. Checks shall be payable to the
Boynton Beach Community Redevelopment Agency. Project packages will be available
beginning Friday, July 16, 2010 at the following location:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
-OR-
Website: www.boyntonbeachcra.com
You may include a company self-addressed, UPS, Fed-Ex or other major shipping form,
which is paid for in advance by you or billed directly to you by the shipping company. In
no event shall the Boynton Beach CRA pay for shipping, delivery or mailing.
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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The Work included in this project consists of furnishing all tools, materials, equipment
and supplies as well as the performance of all labor, handling, services and incidentals,
including applicable taxes necessary for the Boynton Beach CRA. The foregoing
description is general in nature. The scope of work is more specifically defined by the
construction drawings and specifications.
PERSONAL INVESTIGATION (Conditions of Work) AND OBLIGATION
OF PROPOSER
Each Proposer shall inform him/herself fully of the conditions relating to the construction
of the Project and the employment of labor thereon. Failure to do so shall not relieve a
successful Proposer of his obligation to furnish all material and labor necessary to carry
out the provisions of the Contract.
At the time of the opening of proposals, each Proposer shall be presumed to have
inspected the site and to have read and to be thoroughly familiar with the plans and
Contract Documents (including all addenda). The failure or omission of any Proposer to
examine any form, instrument or document shall in no way relieve any Proposer from
any obligation in respect to Proposer's Proposal. Nothing in this Proposal shall be
interpreted or construed as relieving any Proposer of any obligation to conduct a
mandatory site inspection, as may be required and referenced elsewhere in these Proposal
Documents.
IV. DESCRIPTION OF PROPERTY
The Boynton Harbor Marina, formerly known as the Two Georges Marina, is now a
publicly owned facility located at 700 Casa Lorna Boulevard, on the Intracoastal
Waterway east of USI on the north side of East Ocean Avenue and the Ocean Avenue
bridge in Boynton Beach, Palm Beach County, Florida 33435. The navigational location
for the marina facility is Latitude: N. 26 degrees 31 minutes 41.60 seconds and
Longitude: W 80 degrees 3 minutes 13.73 seconds.
The existing Boynton Harbor Marina Fuel Dock consists of 22 irregularly spaced
concrete piles supporting an aged and decaying PT lumber dock/deck structure
approximately 240 feet in overall length. The existing bulkhead adjacent to the fuel dock
consists of concrete panels, concrete king and batter piles and concrete cap. This project
does not include any work pertaining to the existing concrete bulkhead. The intent of the
renovation project is to remove the existing timber dock in its entirety and rebuild the
structure in accordance with the plans and specifications using the existing concrete
pilings.
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
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V. SCHEDULE
August 6, 2010
Proposal documents, plans & specifications available at the Boynton
Beach CRA Office, 915 South Federal Highway, Boynton Beach, FL
33435. Fee of $100.00. Checks shall be payable to the Boynton Beach
Communi Redeve/o ment A enc .
Deadline for respondents to submit written questions or requests for
clarifications.
DUE DATE FOR PROPOSALS. Proposals must be received in their
entire b the Bo nton Beach CRA no later than 4:00 .m.
Evaluation Committee to review ro osals and rank res ondents.
Evaluation Committee shall make recommendation to Boynton Beach
CRA Board to select Contractor and award contract. If the contract is not
executed within 30 days, the Boynton Beach CRA shall the right to
terminate the award and select next hi hest ranked ro oser.
90 Da s after Notice to Proceed Issued Contractor shall com lete Pro'ect.
July 16,2010
August 17,2010
Au ust 24 2010
September 14,
2010
VI. REQUEST FOR CLARIFICATIONS OR OTHER QUESTIONS
All requests for clarification or other questions regarding the proposal must be submitted
to:
Boynton Beach Community Redevelopment Agency Office
Attention: Michael Simon
CRA Development Director
915 South Federal Highway
Boynton Beach, FL 33435
or
Email: SimonM@bbfl.us
All responses will be posted as soon as reasonably possible thereafter. The deadline to
post a question is August 6,2010 at 5:00 p.m.
The Boynton Beach CRA may issue written addenda regarding the RFP to clarify,
comment upon, correct or as otherwise required to facilitate the RFP process. Should any
questions or requests require revisions to the RFP as originally published, such revisions
will be by formal written Addendum only and posted on the Boynton Beach CRA
website.
No Proposals will be accepted after the RFP closing time and date, and no subsequent
modifications to the Proposals will be permitted prior to selection, except in those cases
where the Boynton Beach CRA or Evaluation Committee requests more information or
clarification from all of the respondents.
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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VII. CONTENTS OF PROPOSAL
A. FILLING IN PROPOSALS
1) All prices shall be completed in the proposal and stated in figures. All
proposals shall fully cover all items for which proposals are herein asked and
no other. Proposers shall completely fill out the questionnaire and affidavit(s)
herein contained,
B. REJECTION OF PROPOSALS
I) The Boynton Beach CRA reserves the right to reject any or all proposals,
waive technical errors and/or accept any proposals that are in part deemed as
the most responsive, responsible proposal, representing the most
advantageous proposal to the Boynton Beach CRA. In determining the "most
advantageous proposal", price, quantifiable factors and other factors are
considered. Any or all proposals will be rejected if there is reason to believe
that collusion exists among the Proposers. Proposals will be considered
irregular and may be rejected if they show serious omissions, alterations in
form, additions not called for, conditions or irregularities of any kind. The
Boynton Beach CRA reserves the right to reject any or all proposals and to
waive such technical errors as may be deemed best for the interests of the
Boynton Beach CRA.
C. PUBLIC ENTITY CRIMES
I) Legal Requirements: Federal, State, County and City laws, ordinances, rules
and regulations that in any manner affect the items covered herein apply.
Lack of knowledge by the Proposer will in no way be a cause for relief from
responsibility .
2) On Public Entity Crimes: All invitations to proposal as defined by Section
287.012(11), Florida Statutes, requests for proposals as defined by Section
287.012(16), Florida Statutes, and any contract document described in
Section 287.058, Florida Statutes, shall contain a statement informing
persons of the provisions of paragraph (2) (a) of Section 287.133, Florida
Statutes, which reads as follows:
3) A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not: submit a proposal on
a contract or provide any goods or services to a public entity; submit a
proposal on a contract with a public entity for the construction or repair of a
public building or public work; submit proposals on leases of real property to
a public entity; be awarded or perform work as a CONTRACTOR, supplier,
subcontractor or consultant under a contract with any public entity; or
transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CA TEGOR Y TWO for a period of thirty-
six (36) months from the date of being placed on the convicted vendor list.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE A1"1D ACCEPT ABLE
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D. WITHDRAWALS
I) Any Proposer may, without prejudice, withdraw or modify his proposal at
any time prior to the expiration of the time during which proposals may be
submitted. A request for withdrawal or a modification shall be in writing and
signed by a person who submitted the original proposal. After expiration of
the period for receiving proposals, no proposal shall be withdrawn, modified
or explained.
E. CONTRACT
I) The Proposer to whom the award is made shall execute the Contract to do the
work within ten (10) days after receiving such Contract for execution. If the
Proposer to whom the first award is made fails to enter into the Contract as
herein provided, the award may be annulled and the Boynton Beach CRA
may then enter into a Contract with another responsive, responsible Proposer.
Such Proposer shall fulfill every stipulation embraced herein as if he were
the original party to whom award was made.
2) A corporation to which a Contract is awarded will be required to furnish a
certificate as to its corporate existence and evidence that the officer signing
the Contract is authorized to do so on behalf of the corporation.
F. PROPOSAL GUARANTY
I) All proposals shall be submitted upon the proposal formes) herein, or
verbatim copy thereof. Proposals shall be accompanied by an acceptable five
percent (5%) proposal bond, cash, certified check or money order if the
proposal amount exceeds $25,000.00. Said proposal bond is to be furnished
and executed by a surety company of recognized standing, authorized to do
business in the State of Florida, and having a Registered Agent in Florida for
purposes of service of process. The proposal bond amount shall be five
percent (5%) of the proposal price and shall constitute a guarantee that the
contractor, if awarded the Contract, will enter into a written contract with the
Boynton Beach CRA to perform this work pursuant to the proposal. As
indicated above if a proposal/bid bond is warranted.
G. QUALIFICATION OF SURETY
2) The Proposal Bond and the Public Construction Bond shall be executed by a
surety company of recognized standing authorized to do business in the State
of Florida and having a registered agent in the State of Florida for purposes
of service of process. The surety company shall hold a current certificate of
authority as acceptable surety on Federal Bonds, in accordance with U.S.
Department of Treasury Circular 570, current revision, or meet the criteria
established as to acceptable surety companies by the Board of
Commissioners of State Institutions, March 18, 1958, or the equivalent
thereof. A surety shall be deemed not qualified if the surety shall have a
receiver appointed for it, or if it shall declare or file or has filed for
bankruptcy. As indicated above if a proposal/bid bond is warranted.
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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H. SUBCONTRACTS
] ) If a Proposer subcontracts any portion of a Contract for any reason, the
Proposer must state the name and address of the Subcontractor and the name
of the person(s) to be contracted on the enclosed "Schedule of
Subcontractors". The Boynton Beach CRA reserves the right to accept or
reject any or all proposals wherein a Subcontractor is named, and to make the
award to the Proposer, who, in the opinion of the Boynton Beach CRA, will
be in the best interest of and/or most advantageous to the Boynton Beach
CRA. The Boynton Beach CRA also reserves the right to reject a proposal of
any Proposer if the proposal names a Subcontractor who has previously
failed in the proper performance of an award or failed to deliver Contracts of
a similar nature on time, or is not in a position to perform properly under this
award. The Boynton Beach CRA reserves all rights in order to make a
determination as to the foregoing.
I. DISPUTES
1) In case of any doubt or difference of opinion as to the items to be furnished
hereunder, the Boynton Beach CRA Director's decision shall be final and
binding.
J. BASIS FOR PROPOSAL AND A WARD
I) The proposal price is to include the purchasing and delivery of all materials,
equipment, tools including applicable taxes and all storage facilities,
temporary on-site construction offices, as well as the performance of all labor
and services necessary for the completion of the work except as may be
otherwise expressly provided in the Contract Documents.
2) The Proposer is responsible for reviewing the pertinent state statutes
involving taxes, including, but not limited to sales tax, and complying with
all statutory requirements.
3) Proposers shall enter a price for each item in the proposal (Bid Schedule).
Lump sum prices shall include all work within the limits specified herein or
shown on the drawings
4) The Boynton Beach CRA reserves the right to award the Contract for the
work described by these specifications in a manner or method which will
produce the most effective cost benefit to the Boynton Beach CRA. The
lower monetary proposal will NOT in all cases be awarded the Contract. The
Contract will be awarded by the Boynton Beach CRA to the most responsive,
responsible Proposer whose proposal represents the most advantageous
proposal to the Boynton Beach eRA, price and other factors considered.
5) In the event of a court challenge to an award by any Proposer, damages, if
any, resulting from an improper award shall be limited to actual proposal
preparation costs incurred by the challenging Proposer. In no case will the
award be made until all necessary investigations have been made into the
responsibility and responsiveness of the Proposer in order that the Boynton
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
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Beach CRA is satisfied that the most responsive, responsible Proposer is
qualified to do the work and has the necessary organization, capital and
equipment to carry out the required work within the time specified.
K. RIGHTS OF THE BOYNTON BEACH CRA: The Boynton Beach CRA
expressly reserves the right to the following:
1) Waive any informality, minor deviations from specifications at a lower price
than the most responsive, responsible Proposer meeting all aspects of the
specifications and consider it, if it is determined that total cost is lower and
the overall function is improved or not impaired.
2) Waive any defect, irregularity or informality in any proposal or proposal
bidding procedure.
3) Reject or cancel any or all proposals.
4) Reissue an Invitation to Proposal.
5) Extend the proposal opening time and date.
6) Procure any item by other means.
7) Increase or decrease the quantity specified in the Invitation to proposal unless
the Proposer specifies otherwise.
8) Consider and accept any alternate proposal as provided herein when most
advantageous to the Boynton Beach CRA.
L. ADDITIONAL PROPOSAL FORMS
1) The following pages must be completed and submitted along with proposals
in order for the package to be considered complete and acceptable:
a. Proposer Acknowledgement
b. Addenda
c. Proposal
d. Proposal Bond
e. Certificate as to Corporate Principal
f. Statement of Proposer's Qualifications
g. Proposer's Site Inspection Confirmation
h. Noncollusion Affidavit of Prime Proposer
i. Anti-Kickback Affidavit
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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j. Confirmation of Drug-Free Workplace
k. Statement of No Proposal
VIII.
OTHER TERMS AND CONDITIONS
A. INSURANCE QUALIFICATIONS
1) Submission of Post-Proposal Information. The Notice to Proceed shall be
issued immediately upon the Boynton Beach CRA construction contract
execution and shall be conditional to receipt of the items below. The selected
respondent shall, within ten (10) business days from posting the
Recommendation to A ward, submit the following:
a. Executed Performance Bond, and Labor and Material Payment
Bond. Use Bond forms provided as attached with appropriate Bond
Numbers. NOTE: The Bonds must be recorded in the records of the
City of Boynton Beach, Boynton Beach, Florida. See notes above
b. Certificates of Insurance coverages as specified in the contract.
c. Copies of respondent's State of Florida certification and/or
registration for a general contractor and all proposed subcontractors.
d. Copies of occupational licenses for Palm Beach County and the City
of Boynton Beach.
e. Resume of Contractor's Construction Superintendent for this Project.
Failure of the successful respondent to execute and timely return the Contract
Documents, together with bonds, certificates or other items in proper form as
required shall be cause for cancellation of the intent to award and withdrawal
of the contract, and may be cause for forfeiture of the proposal guarantee.
The Work may be performed otherwise as the Boynton Beach CRA decides
is in its best interest. In such case, the forfeited proposal guarantee will
become the Boynton Beach CRA's property, not as a penalty but as a
liquidation of damages resulting from the respondent's failure to comply
with the terms and conditions.
2) If requested by the Boynton Beach CRA, the respondent shall be required to
establish to the satisfaction of the Boynton Beach CRA the reliability and
responsibility of the proposed subcontractors to furnish and perform the
Work described in the sections of the specifications pertaining to such
proposed subcontractor's respective trades. Prior to the award of the
Contract, the Boynton Beach CRA will notify the respondent in writing if the
Boynton Beach CRA, after due investigation, has reasonable and substantial
objection to any person or organization on such list. If the Owner has a
reasonable and substantial objection to any person or organization on such
list, and refuses in writing to accept such person or organization the
respondent may, at their option, withdraw the Proposal without forfeiture of
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL ll"i ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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Proposal Security, notwithstanding anything to the contrary contained in the
Proposal Documents. If the respondent submits an acceptable substitute there
shall be no increase in the Proposal Price to cover the difference in cost
occasioned by such substitution. Subcontractors and other persons and
organizations proposed by the respondent and accepted by the Boynton
Beach CRA must be used on the Work for which they were proposed and
accepted and shall not be changed except with the written approval of the
Boynton Beach CRA.
3) Insurance. Contractor shall be required to provide the following insurance
coverages listed below. All required coverages shall be underwritten by
insurance companies that are licensed to do business in the State of Florida.
State approved excess and surplus lines insurers shall have a current rating of
A- or better by A.M. Best Company with a financial size category of Class
VIII or larger. All coverages must be provided on a primary basis.
a. Commercial General and Marine Liability. Contractor shall
maintain Commercial General Liability at a limit of liability not less
than $1,000,000 Each Occurrence, and not less than $5,000,000
Annual Aggregate. Coverage shall not contain any endorsement
excluding Contractual Liability or Cross Liability. The policy shall
also provide coverage for Completed Operations and Products
Hazard.
b. Business Automobile Liability. Contractor shall maintain Business
Automobile Liability at a limit of liability not less than $1,000,000
Each Accident for all owned, non-owned and hired automobiles. In
the event Contractor does not own any automobiles, the Business
Auto Liability requirement shall be amended allowing Contractor to
agree to maintain only Hired & Non-Owned Auto Liability. This
amended requirement may be satisfied by way of endorsement to the
Commercial General Liability or separate Business Auto coverage
form.
c. Worker's Compensation Insurance & Employers Liability.
Contractor shall maintain Worker's Compensation & Employers
Liability in accordance with Florida Statute Chapter 440 and the
Federal Longshore and Harbor Workers' Compensation Act.
d. The following coverages are required if applicable:
i. Environmental Impairment Liability.
ii. Collapse. In the case of 1) Grading, paving, excavating,
drilling, tunneling, burrowing, filling, backfilling, pile
driving or clearing land close enough to an existing building
or structure to cause damage, or (2) Moving, shoring,
underpinning, raising or demolition of any structure or
removal or rebuilding structural supports.
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111. Underground. The use of mechanical equipment to grade,
pave, excavate, drill, tunnel, burrow, fill, backfill, pile drive
or clear land.
1 v. Explosion. For the use or presence of dynamite or other
explosives or welding tanks or other containers of potentially
explosive substances.
v. Independent Contractor. The use of Subcontractors by the
Contractor to perform any of the Construction work
4) Additional Insured. Contractor shall endorse the Boynton Beach CRA as an
Additional Insured in the CGL and workers compensation policies. The
Additional Insured endorsement shall read "Boynton Beach Community
Redevelopment Agency. a municipal c01:poration of the State of Florida. its
Officers, Employees and Agents." Contractor shall provide the Additional
Insured endorsements coverage on a primary basis.
5) Umbrella or Excess Liability. lf necessary, Contractor may satisfY the
minimum limits required above for Commercial General Liability, Business
Auto Liability, and Employer's Liability coverage under Umbrella or Excess
Liability. The Umbrella or Excess Liability shall have an Aggregate limit not
less than the highest "Each Occurrence" limit for Commercial General
Liability, Business Auto Liability, or Employer's Liability. The City shall be
specifically endorsed as an "Additional lnsured" on the Umbrella or Excess
Liability, unless the Certificate of Insurance notes the Umbrella or Excess
Liability provides coverage on a "Follow-Form" basis.
6) Right to Review. The Boynton Beach CRA and/or the City of Boynton
Beach reserves the right to review, modifY, reject or accept any required
policies of insurance, including limits, coverages or endorsements, herein
from time to time throughout the term of this Contract. Boynton Beach CRA
and/or the City of Boynton Beach reserves the right, but not the obligation, to
review and reject any insurer providing coverage because of its poor
financial condition or failure to operate legally.
7) Cancellation. Certificates of Insurance and a copy of all policies acceptable
to the Boynton Beach CRA shall be filed with the Boynton Beach CRA as
required above. These Certificates shall contain a provision that coverages
afforded under the policies will not be cancelled until at least thirty (30) days
prior written notice has been given to the Boynton Beach CRA. The
Certificate of Insurance shall also contain the following statement: "The
Boynton Beach Community Redevelopment Agency is an insured in
connection with work contracted to (Name of Contractor). This insurance
applies separately to the Boynton Beach eRA except with respect to limits of
liability and is primary."
8) Waiver of Subrogation. Contractor hereby waives any and all rights of
Subrogation against the Boynton Beach CRA, its officers, employees and
agent for each required policy. When required by the insurer, or should a
policy condition not permit an insured to enter into a pre-loss agreement to
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waive subrogation without an endorsement, then Contractor shall agree to
notify the insurer and request the policy be endorsed with a Waiver of
Transfer of Rights of Recovery Against Others, or its equivalent. This
Waiver of Subrogation requirement shall not apply to any policy, which a
condition to the policy specifically prohibits such an endorsement, or voids
coverage should Contractor enter into such an agreement on a pre-loss basis.
9) Indemnification. Contractor shall defend, indemnify and hold harmless the
Boynton Beach CRA, and its officers, employees and agent from any and all
claims, liabilities, damages, losses and costs including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Contractor and other
persons employed or utilized by the Contractor in the performance of the
contract. One percent (1%) of the contract price represents specific
consideration to the Contractor for the indemnification set forth in the
contract.
B. TIME OF COMPLETION / CONSTRUCTION SCHEDULE / LIQUIDATED
DAMAGES
1) Contractor shall agree to commence work within ten (10) calendar days of
the Commencement Date as indicated in the written "Notice to Proceed"
provided by the Boynton Beach CRA, and achieve Substantial Completion
without interruption within ninety (90) calendar days thereafter.
2) Final Completion shall be within thirty (30) calendar days of Substantial
Completion, and the Proposer agrees that if awarded the contract, it will
complete said work in accordance with both the Substantial Completion and
Final Completion date.
3) Should the Proposer/Contractor, or in the event of a default, its Surety, fail to
achieve certification of Substantial Completion by the date specified in the
written "Notice to Proceed," the Boynton Beach CRA will suffer damages,
the amount of which is difficult if not impossible to ascertain. Therefore, in
such an event, the Boynton Beach CRA shall be entitled to Liquidated
Damages as specified in the Contract for each calendar day beyond the date
of certification of Substantial Completion, until certification of Substantial
Completion and acceptance thereof have been granted by the Boynton Beach
CRA. The Liquidated Damages rate is $2.000.00 Der day through the date of
certification of Substantial Completion.
4) Liquidated Damages due to the Boynton Beach CRA may be deducted from
payments due the Proposer/Contractor, or may be collected from the
Proposer/Contractor or his Surety. The liability of the Proposer/Contractor
and its Surety for delay damages shall be joint and several. These provisions
for liquidated damages shall not prevent the Boynton Beach CRA, in case of
the Proposer/Contractor's default, from terminating the right of the
Proposer/Contractor to proceed as provided in the General Conditions for
Construction.
S) The Proposer/Contractor and Boynton Beach CRA agree that the rate set
forth herein is a reasonable estimate of the amount of damages which the
Boynton Beach CRA will suffer in the event the Proposer/Contractor does
not timely complete the Contract. The Proposer/Contractor and Boynton
Beach CRA agree that these liquidated damages shall be assessed as
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damages, as provided in the Contract Documents, and that they are not. and
shall never be considered to be a penalty.
C. BASIS FOR PAYMENT
1) This is a lump sum contract to complete the project in accordance with the
plans and specifications. Payment shall be made on the basis of prices given
in the proposal. Lump sum prices shall be paid on a percentage complete
basis. It is the Contractor's responsibility to verify unit quantities prior to
execution of contract. Unit prices shall be applied only if there are changes
in the plans and specifications after award of contract. . Retentions shall be
as specified in the Contract.
D. ACCEPTANCE PERIOD
I) The Proposer shall maintain its proposal for acceptance by the Boynton
Beach CRA for a period of not less than sixty (60) days following the date of
the proposal opening. The Proposal Guaranty required under Section VII.F.,
shall remain in effect for this period. If applicable
E. KNOWLEDGE PRESUMED
1) Proposer is deemed to have knowledge of all applicable federal and state
laws, municipal ordinances and rules and regulations of all authorities having
jurisdiction over construction of the project.
F, ALTERNATES
1) Where a base proposal is provided for, the Proposer shall submit a proposal
on the base proposal and may exercise their own prerogative in submitting an
alternate proposal but must provide proposal price for specified item and an
alternative proposal price. The Boynton Beach CRA reserves the right to
accept or reject the alternates or base proposal or any combination thereof.
The Boynton Beach CRA, or its authorized representative, further reserves
the unqualified right to determine whether any particular item or items of
material, equipment, or whatsoever, is an approved equal, and reserves the
unqualified right to a final decision regarding the approved or rejection of the
same.
G. ASSIGNMENT
1) Any Contract or Purchase Order issued pursuant to this lnvitation to Proposal
and the monies which may become due hereunder are not assignable except
with the prior written approval of the Boynton Beach CRA.
H. DELIVERY
I) Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination
indicates that the Proposer/Contractor is responsible for the shipment until it
reaches its destination. Any and all freight charges, taxes, or storage fees are
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to be included in the proposal total. The Proposer's invoice payment terms
must be shown.
I. PAYMENT OF SUB-CONTRACTORS AND SUPPLIERS
I) Contractor shall provide copies of all sub-contractor fee proposals and
verification of payment of sub-contractors, and shall be provided concurrent
with invoices issued by the general contractor for payment. Failure to
provide required documentation of payment will result in a delay of payment
from the Boynton Beach CRA.
J. INDEMNIFICA nON
1) The proposal shall include an amount constituting sufficient consideration to
support the Contractor's obligation to indemnify the Boynton Beach CRA for
claims or actions from any claim demand or cause of action arising from any
act, omission or default of the Proposer/Contractor, Boynton Beach CRA, its
employees or agents, arising from the Contract or its performance.
IX. RESERVATION OF RIGHTS
The respondent acknowledges the right of the Boynton Beach CRA reserves the right to
reject any and all responses received either in whole or in part, with or without cause, or
to waive any response requirement, informalities or deficiencies, in any response if such
action is deemed by the Boynton Beach CRA to be in the best interest of the project or
the Boynton Beach CRA.
The Boynton Beach CRA may, at its discretion, elect to waive any non-material
requirement, either for all responses or for a specific response. In addition, the respondent
recognizes the right of the Boynton Beach CRA to reject a Proposal if the respondent
fails to furnish any required Proposal security if applicable, or to submit the data required
by the Proposal Documents, or if the Proposal is in any way incomplete or irregular; to
reject the Proposal of a respondent who is not in a position to perform the Contract; and
to re-advertise for other Proposals or to accept the next responsive Proposal.
The Contract(s), if awarded by the Boynton Beach CRA, will be awarded based
on the procedures above, provided the Proposal meets the criterion specified
herein and is in the best interest of the Boynton Beach CRA. The Boynton Beach
CRA reserves the right to cancel the contract, or portions thereof, without penalty
at any time. The Boynton Beach CRA reserves the right to withdraw this RFP
either before or after receiving responses.
x. EVALUATION AND RANKING PROCESS
Evaluation Committee. An Evaluation Committee shall be appointed by the Boynton
Beach CRA Director. The Committee will consist of four (4) persons, including public
and private sector representatives. The Evaluation Committee shall review and rank the
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respondents based on criteria listed below. Based on this ranking, the Boynton Beach
CRA shall negotiate with the highest ranked respondent. If negotiations are unsuccessful
with the highest ranked respondent, then negotiations with the next highest ranked
respondent shall begin. Upon conclusion of the negotiations the Committee shall
recommend to Boynton Beach CRA the award of the contract.
A. Ranking Factors. Approved Proposals will be ranked on the basis of those proposals
which contain the most advantageous combination of design, price, proven
performance and service. The following items will be considered in this process:
1. Contractor qualifications and experience, including type, size and complexity of projects,
and quality of construction.
2. Contractor's financial capacity. (Contractor must be able to provide a bond equal to the
amount of their proposal.)
3. Compatibility of the response to the Boynton Beach CRA's goals and objectives as set
forth in the design documents.
4. Recommendations of references (minimum of three (3).
5. Other information as determined to be helpful in ascertaining the qualifications of the
respondent.
6. Language needed for consideration given to proximity of Contractor to project location as
it affects the number of trips and distances traveled relating to City's "Green" focus.
B. Ranking Process. Each member of the Committee will score the individual
proposals with assistance provided as needed. Each category will be scored and
tabulated to achieve the Total Points awarded to each Respondent. The Total Points
awarded will be ranked on a descending scale starting with number one (1) being the
highest point total, number two (2) being the next highest, and so on. Then the
ranking of each respondent from each Committee Member will be totaled to
determine the top ranking respondent.
C. Scoring. The Scoring Process is divided into five (5) categories based upon the
criteria described below. The maximum score is 100 points.
I) Qualifications of the Firm Total Points - 30
2) Bonding Capacity Total Points - 5
3) Assigned Staff Total Points - 15
4) Professional Approach Total Points - 10
5) Cost Fee Proposal Total Points - 40
D. Description of Categories.
1) Qualifications of Firm. 30 points possible.
a. Past, present and technical relevant building experience:
The respondent shall demonstrate successful completion of previous
projects comparable in design, scope and complexity. Current
projects must be at least 50 percent complete to qualify for
consideration. The respondent should demonstrate successful
experience in dock construction.
List the projects which best illustrate the experience of the firm and
current staff which is being assigned to this project. List no more
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16
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than ten (10) projects. Do not list projects which were completed
more than five (5) years ago.
i. Name and location ofthe project.
ii. The nature of the firm's responsibility on this project.
iii. Project owner's representative name, address and phone number.
iv. Project user agency's representative name, address, and phone
number.
v. Date project was completed or is anticipated to be completed.
vi. Size of project (gross square feet (GSF) of construction).
vii. Cost of project (construction cost).
viii. Work for which the staff was responsible.
viii. Present status of this project.
ix. Project Manager and other key professionals involved on listed
project and who of that staff that would be assigned to this
proj ect.
2) Bonding capacity. 5 points possible. The contractor will be required to
secure a bond for the total construction amount. Each respondent shall
provide a statement from their bonding agent or surety, licensed in the State
of Florida, addressed to the Boynton Beach CRA referencing the surety's
rating and financial category, project name and number and amount of
reserve available to the completion of this project. The requirement for
available reserve shall be based upon the total estimated cost for this project.
Respondents must include a financial capability statement provided by a
certified financial professional. Respondents that provide a statement with
all required information outlined in this paragraph will receive the total point
award, otherwise the point award otherwise the point award will be zero.
3) Assigned Staff. 15 points possible. Include the general and specific project
related capability of the in-house staff and indicate the adequate depth and
abilities of the organization which it can draw upon as needed. This will
include management, technical, and support staff. Give brief resumes of key
persons to be assigned to the project including, but not limited to:
a. Name and title.
b. Location of office the person is assigned if other than main location
c. How many years with this firm
d. How many years with other firms
e. Experience.
f. Types of projects.
g. Size of projects (dollar value & GSF of project).
h. What were the specific project involvements?
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1. Education.
J. Active registration and qualifications relevant to this project.
k. Experience with state requirements for marine projects.
\. Job assignment for other current projects.
m. Percentage of time to be assigned to this project.
For Section E.3 (Assigned Staff): Show the organization chart as it relates to
the project indicating key personnel and their relationship. It should be
understood that it is the intent of the Boynton Beach CRA to insist that those
indicated as the project team in this RFP response actually execute the
project.
4) Professional approach. 10 points possible. Identify how respondent
interacts and communicates with its clients. Demonstrate respondent's team
oriented approach. This category also includes the respondent's ability to
respond to construction issues, warranty issues and other project-related
issues, references and other additional information helpful in ascertaining the
qualifications of the respondent. The proposal must include the Contractor's
overall project methodologies. The Contractor must clearly indicate a plan to
perform the required work to guarantee limited disruption to commercial
businesses within the Boynton Harbor Marina as well as limiting the impact
to the current fueling operations and the Two George's Restaurant. As these
are neighboring and tenant businesses who require access through the marina
on a daily basis, specific and well thought planning must be demonstrated in
the proposal.
5) Cost Fee Proposal. 40 points possible. The Contractor shall complete the
Bid Schedule attached, herewith. All Proposals are to be inclusive lump sum
proposals. Contractor is to provide pricing based on the plan and
specifications provided. Any proposed alternatives to the base proposal shall
be listed appropriately based on the cost proposal template. No alternatives
are to be included in the base proposal. Final selection of the Contractor will
not be based upon fee only. The Boynton Beach CRA reserves the right, at
the sole discretion, to accept, reject or request clarification or revision of any
cost proposal submitted.
E. Short List Interview. The Evaluation Committee may, at its sole discretion, conduct
interviews with the respondents in an effort to further understand the proposals and
qualifications of the respondent.
F. Negotiations. The Top Ranking respondent will be invited to negotiate a final
contract for presentation to the Boynton Beach CRA for consideration. If the Project
Manager and other key professionals involved on listed project and who of that staff
that would be assigned to this project.
G. Additional information. The Boynton Beach eRA reserves the right, before
awarding any contract, to require a respondent to submit such evidence of
qualifications and any current or updated information that was requested in the RFP
as it may deem necessary, and may consider any information available to it of the
financial, technical, and other qualifications and abilities of a respondent, including
past performance with other governmental/educational agencies. Respondents are
advised that requests for additional information or site visitations are not to be
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construed as an indication that a respondent will receive or is in the best position to
receive a contract award.
H.
Notice of Award. The Boynton Beach CRA will provide notice of its decision or
intended decision concerning the contract award by posting a notice on the main door
of the Boynton Beach CRA Office.
Exhibit I. Marina Aerial Exhibit
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This Page Was Intentionally Left Blank
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PROPOSER ACKNOWLEDGEMENT
Submit Proposals
To:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
Release Date:
July 16, 2010
Project Title:
BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
Proposal Received
By:
August 17,2010. Proposals must be received in their entirety by the
Boynton Beach CRA no later than 4:00 p.m. (local time).
Proposals will be opened in the Boynton Beach Community Redevelopment Agency unless
specified otherwise. Proposal receiving date and time is scheduled for August 17, 2010, NO
LATER THAN 4:00 p.m. (local time) and may not be withdrawn within ninety (90) days after
such date and time.
All awards made as a result of this proposal shall conform to applicable sections of the charter
and codes of the Boynton Beach Community Redevelopment Agency and/or the City of Boynton
Beach.
Name of Vendor:
Federal I.D. Number:
A Corporation of the State of:
Telephone Number:
L-)_-
Fax Number: L-) _ -
Mailing Address:
City:
State:
Zip:
Vendor Mailing Date:
Authorized Signature
Name (Printed or Typed)
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
BOYNTON BEACH, FLORIDA
Project Title:
BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
(Project)
Name of Proposer:
Date Submitted:
We propose and agree, if this proposal is accepted, to contract with the Boynton Beach
Community Redevelopment Agency, in the Contract Form, to furnish all material, equipment,
machinery, tools, apparatus, means of transportation, construction, coordination, labor and
services necessary to complete/provide the work specified by the Contract Documents.
Having studied the documents prepared by: Sea Diversified, lnc.
(Name of Project Manager/Architect/Consultant)
And having examined the project site (when indicated in these specifications to do so), we
propose to perform the work of this Project according to the Contract Documents and the
following Addenda which we have received:
ADDENDUM
DATE
ADDENDUM
DATE
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PROPOSAL
The Proposer agrees to accept as full payment for the:
BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
Scope of Work: (Contractor to Write Scope of Work)
GRAND TOTAL:
$
Dollars
and
Cents
(amount written in words has precedence)
The undersigned Proposer agrees to commence work within ten (10) calendar days after the date
of the "Notice to Proceed" has been awarded and shall achieve substantial completion without
interruption within ninety (90) calendar days thereafter.
Original and six (6) copies of proposal submitted.
Attached is a computer-generated, horizontal bar chart showing proposed schedule of
work.
Schedule of Subcontractor(s) submitted.
Site Inspection Form submitted.
Evidence of possession of required licenses and/or business permits submitted.
The undersigned hereby represents that he has carefully examined the drawings and the Contract
including all Contract Documents, and will execute the Contract and perform all its items,
covenants and conditions, all in exact compliance with the requirements of the specifications and
drawings.
The Proposer, by and through the submission of his Proposal, agrees that he has examined and
shall be held responsible for having theretofore examined himself as to the character of the route,
location, surface and underground obstructions, nature of the ground water table, conditions and
all other physical characteristics of the work in order that he may thereby provide for the
satisfactory completion thereof, including the removal, relocation or replacement of any objects
or obstructions which will be encountered in performing the proposed work.
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(Proposal Continued)
The Proposer, by submission of this Proposal, acknowledges that the Proposer has been advised
that in the event that the Proposer contests the award of this Project to another Proposer, the
Proposer damages, if any, are limited to actual Proposal preparation costs, and Proposer hereby
waives any claim it may have for other damages coming from the Boynton Beach Community
Redevelopment Agency's failure to award the Project Proposer
Date
Name of Proposer, Corporation, Firm or
Individual
By:
Signature
Printed/Typed Name
Title
Telephone Number
Florida Contractor's License Number:
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IV
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PROPOSAL BOND
STATE OF
COUNTY OF
)
)
KNOWN ALL MEN BY THESE PRESENTS, that
as Principal, and , as Surety, authorized to
do business in the State of Florida are held and firmly bound unto the Owner, Boynton Beach
Community Redevelopment Agency in the penal sum of
Dollars ($ ) lawful money of the United States, for the payment of which sum
will and truly to be made, we bond ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITON OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying proposal, dated ,2009, for:
BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
NOW THEREFORE,
A. If the Principal shall not withdraw said Proposal within ninety (90) days after
date of opening the same, and shall within ten (10) days after the prescribed
forms are presented to him for signature, enter into a written Contract with the
Owner in accordance with the Proposal as accepted, and give bonds with goods
and sufficient surety or sureties, as may be required, for the faithful performance
and proper fulfillment of such Contract, then the above obligations shall be void
and of no effect, otherwise to remain in full force and effect.
B. In the event of the withdrawal of said Proposal within the period specified, or the
failure to enter into such Contract and give such bonds within the time specified,
if the Principal shall pay the Owner the difference between the amount specified
in said Proposal and the amount for which the Owner may procure the required
work and supplies, if the latter amount be in excess of the former, then the above
obligations shall be void and of no effect, otherwise to remain in full force and
effect.
C. This bond is given to comply with Section 255.05, Florida Statues, and any
action instituted by any claimant under this bond for payment must be in
accordance with the notice and time limitation provisions in Section 255.05(2),
Florida Statues.
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(Proposal Bond Continued)
IN WITNESS WHEREOF, the above bounded parties have executed this instrument
under their several Seals this __ day of _________________________" 20_" being hereto
affixed and these presents duly signed by its undersigned representative, pursuant to authority of
its governing body.
PRINCIPAL:
WITNESS:
Name of Firm
(If sole Ownership or Partnership, two (2) Witnesses are required.)
(If Corporation, Secretary only will attest and affix Seal.)
Witness Signature
Witness Signature
Signature of Authorized Officer (Affix Seal)
Title
Business Address
City and State
SURETY:
WITNESS:
Corporate Surety
(If sole Ownership or Partnership, two (2) Witnesses are required.)
(I f Corporation, Secretary only will attest and affix Seal.)
Witness Signature
Attorney-in-Fact (Affix Seal)
Name of Local Insurance Agency
Business Address
City and State
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VI
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that:
· I am the Secretary of the Corporation named as Principal in the within bond;
· who signed the said Proposal
Bond on behalf of the Principal was then
of said Corporation;
· I know his signature and his signature hereto is genuine.
· Said bond was duly signed, Sealed and attested for and in behalf of said Corporation by
authority of its governing body.
Secretary
(Corporate Seal)
STATE OF
COUNTY OF
)
)
Before me, a Notary Public duly commissioned, qualified and action, personally appeared
to me well known,
who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the
and that he has
been authorized by to execute the foregoing bond on
behalf of the Contractor named therein in favor for the Owner, the Boynton Beach Community
Redevelopment Agency.
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VII
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STATEMENT OF PROPOSER'S QUALIFICATIONS
Each Contractor submitting a proposal on work included in these General Documents shall
prepare and submit the data requested in the following schedule of information.
This data must be included in and made part of each Proposal document. Failure to comply with
this instruction may be regarded as justification for rejecting the Contractor's proposal. (* Attach
additional sheets providing the information.)
1.
Name of Proposer:
2. Business Address:
3.
When Organized:
_.~_.~,--~--_._----".._-_. ~---_.- ---~.__.~._~-_._-_._-~_._--_._--'---_.~._._-_._-
4.
Where Incorporated:
."-,-~--_._--_.-..._----~'_._-----.-.,--'-,.__.._'_._-----------------
5.
How many years have you been engaged in the contracting business
under the present firm name?
years
6. General character of work performed by your company.
---..----.-----------..------------------.-
_._--_....__._~-----------------_._--_._-_._,._-
._-~._---~----_._---_._'-----
7. Enclose evidence of possession of required licenses and/or business permits. *
8.
Number of Employees:
---_..,_._.__..__._~_._-'----- .., -. ...-...-.....--
9. Background and experience of principal members of your personnel (including officers). *
10. Bonding Capacity:
~--_._--~--_._--------'--~'_.__._..._'-_._.._,.._--,.".__._-~-------_.__.
11. Have you ever defaulted on a contract? lf so, where and why? *
Yes
No
12. Experience in performance:
Proiect
$ Value
Contact Name
Phone #
S
$
$
$
$
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(Statement of Proposer's Qualifications Continued)
13. Experience in performance:
Proiect
$ Value
Contact Name
$
$
$
$
$
14. Contracts on hand.*
15. Largest completed projects (include final cost).
I)
2)
3)
Phone #
$ Final Cost
16. List all lawsuits (design and/or construction related) or arbitrations to which you have been
a party and which:*
I) Arose from construction projects.*
2) Occurred within the last four (4) years. *
3) Provide case number and style.*
Dated at:
This
day of
,20_.
By:
Written Signature
Name:
Printed or Typed
Title
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PROPOSER'S SITE INSPECTION CONFIRMATION
Each Contractor submitting a proposal on work included in these General Documents shall
prepare and submit the data requested in the following schedule of information.
Check One:
o Non-Mandatory
X Mandatory
Project Title: BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION
Proposal Number: #CRA- 2010-001
___________________ as an authorized representative of
Name and Title of Representative
___________ (hereinafter called the Proposer) located
at
Name of Company
and that said
._-~-~~--_._--_._.._-'_._-----~--
Company Address
Proposer has visited the site of the work and has carefully examined the plans and specifications
for said project and checked them in detail prior to submitting his Proposal or Proposal.
Signature of Company Representative Named Above
Date of Inspection
Owner's Representative (Signature for Mandatory Only)
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NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER
STATE OF
COUNTY OF
)
)
, being first duly sworn, deposes and says that:
1.
He is
of
(Title) (Name of CorporationlFirm)
the proposer has submitted the attached Proposal;
2) He is fully informed, respecting the preparation and contents of the attached Proposal and
all pertinent circumstances respecting such Proposal;
3) Said Proposal is genuine and is not a collusive or sham Proposal;
4) Further, the said Proposer nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this Affiant, has in any way colluded conspired,
connived or agreed, directly or indirectly, with any other Proposer, firm or person to
submit a collusive or sham proposal in connection with the Contract for which the
attached proposal has been submitted or to refrain from bidding in connection with such
Contract, or has in any manner, directly or indirectly, sought by agreement, collusion,
communications or conference with any other Proposer, firm or person to fix the price or
prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit or
cost element of the Proposal price or the Proposal price of any other Proposer, or to secure
through any collusion, conspiracy, connivance or unlawful agreement any advantage
against the (Local
Public Agency) or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached Proposal are fair and proper, and are not tainted
by any collusion, connivance or unlawful agreement on the part of the Proposer or any of
its agents, representatives, owners, employees or parties in interest, including this Affiant.
Signature
Title
Subscribed and ~ worn to before me.
This
day of
,20_.
My Commission Expires:
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XI
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ANTI-KICKBACK AFFIDAVIT
STATE OF
COUNTY OF
1, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein proposal
will be paid to any employees of the Boynton Beach Community Redevelopment Agency as a
commission, kickback or reward of gift, directly or indirectly, by me or any member of my firm,
or by an officer of the Corporation.
By:
Signature
Title
Name (Printed or Typed)
Title (Printed or Typed)
Company (Printed or Typed
Subscribed and sworn to before me.
day of
.20
This
My Commission Expires:
NOTARY PUBLIC, State of Florida at Large
"Official Notary Seal" Stamp
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XII
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SCHEDULE OF SUBCONTRACTS
Proposers are to submit a detailed listing of any Subcontractor(s) participation of any portion of
this project for any reason.
Project Title:
BOYNTON HARBOR MARINA FUEL DOCK
RECONSTRUCTION PROJECT
Proposal Number:
# CRA-2010-001
Main Contractor Name:
Name/Address/Phone of Type of Work to be
Subcontractor Performed Dollar Amount % of Total
Name:
Address:
Phone:
Name:
Address:
Phone:
Name:
Address:
Phone:
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CONFIRMATION OF DRUG-FREE WORKPLACE STATEMENT
IDENTICAL TIE PROPOSALS
Preference shall be given to businesses with drug-free workplace programs. Whenever two (2) or
more proposals, which are equal with respect to price, quality and service, are received by the
Boynton Beach Community Redevelopment Agency or by any political subdivision for the
procurement of commodities or contractual services, a proposal received from a business that
certifies that it has implemented a drug-free workplace program shall be given preference in the
award process. Established procedures for processing tie proposals will be followed if none of the
tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:
1) 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 the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business' 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) Give each employee engaged in providing the commodities or contractual services that are
under Proposal a copy of the statement specified in subsection (1 ).
4) In the statement specified in subsection (I), notifY the employee that, as a condition of
working on the commodities or contractual services that are under proposal, the employee
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 of any controlled
substance law of the United States of America or any state for a violation occurring in the
workplace no later than five (5) days after such conviction.
5) lmpose 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 so convicted.
6) 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.
Vendor's Signature
Title
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
XIV
Il~<tY~Te~'CRA
~ bot Sodc-W... Sodo .S-ide ~.......nc.
STATEMENT OF NO PROPOSAL
If you are not submitting a proposal on this service/commodity, please complete and return this
form to:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
Failure to respond may result in deletion of Vendor's name from the qualified proposer's
list for the Boynton Beach Community Redevelopment Agency.
Vendor/Company Name:
Mailing Address:
City:
State:
Zip:
Telephone Number:
L-)_-
Fax Number: L-) _ -
Vendor Signature:
Date:
WE, the undersigned, have declined to respond to your Proposal #CRA-2009-001 for the
BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION because of the
following reasons:
Specifications too "tight" (i.e., geared toward brand or manufacturer only (specify/
explain below).
Insufficient time to respond to the Invitation to Proposal.
We do not offer this product or an equivalent.
Our product schedule would not permit us to perform.
We are unable to meet specifications.
We are unable to meet bond requirements.
Specifications unclear (explain below).
Other (specify/explain below).
REMARKS:
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
xv
30YN IOi'~ "
63 E A C H .
'.- -', El-U S.dc-WIiH S,dr;-~I'Oc.~ ~nA.IH,1n~(
This Page Was Intentionally Left Blank
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
XVI
BID PROPOSAL - A TT ACHMENT A
Boynton Harbor Marina
Fuel Dock Reconstruction Project
July 2010
Page 1 of2
(Rev. July 27, 2010)
Bid Submittal to:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, Florida 33435
Bidder / Company:
Name:
Address:
Contact Person:
Title:
Phone:
Facsimile:
Date:
1. The BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement
with the OWNER to perform all work as specified or indicated in the Contract
Documents and Plans / Specifications for the Contract Price and within the Contract
Time indicated in this Bid and in accordance with the other terms and conditions of the
Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Request for
Proposals and Instructions to Bidders. This Bid will remain subject to acceptance for
ninety (90) days after the bid opening date. BIDDER will sign and submit the Agreement
with all other documents required by the Bidding Requirements within ten (10) days after
the date of OWNER's Notice of Award.
3. In submitting this Bid, the BIDDER represents that:
a. BIDDER has examined copies of all bidding documents including all of the issued
Addenda, receipt of which is acknowledged as follows:
, Date:
, Date:
, Date:
b. BIDDER has familiarized itself with the nature and extent of the Contract
Documents, work, site, location and all local conditions and Laws and Regulations
that in any manner may affect cost, progress or performance of the work.
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c BIDDER has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all reports, plans and specifications, permits, surveys,
explorations, tests and studies that pertain to the subsurface and physical conditions
at the site that in any manner may affect the cost, progress or performance of the
work at the Contract Price within the Contract time. No additional examinations.
investigations, explorations, tests, reports or similar information or data are or will be
required by BIDDER for such purposes.
d. BIDDER has given OWNER written notice of all conflicts, errors or discrepancies
that it has discovered in the Contract Documents and Plans and Specifications and the
written resolution thereof by OWNER is acceptable to BIDDER.
4. BIDDER agrees that the construction of the Project will be substantially complete within
ninety (90) days from "Notice to Proceed".
5. BIDDER agrees that all Federal, State and local sales and use taxes are included in the
stated Bid prices for the work.
6. BIDDER further proposes to accept as full payment for the work proposed herein the
amounts computed under the provisions of the Contract Documents and based on the unit
prices provided in the Bid Schedule. Unit prices represent a true measure of labor,
materials, equipment and any other incidentals required to perform the work, including
all allowances for overhead, profit for each type and unit of work. The amounts shall be
shown in both words and figures and in case of a discrepancy . the amount shown in
words shall govern.
7. Bid Schedule: For the following, the BIDDER shall furnish all tools, materials, labor and
any other incidentals required for the replacement of the timber fuel dock in accordance
with the Plans and Specifications:
Bidder / Company Name
Signature
Printed/Typed Name
Title
Telephone Number
Florida Contractor's License Number
BID SCHEDULE - ATTACHMENT B
Boynton Harbor Marina Fuel Dock Reconstruction Project
July, 2010
::::::: :::::::::::: p~~iP.Ti9~::::::::::::::: :::: :- :- : alo :- :- : ':':UNlr:.: . . . . . . . . . . . .
....NO... 'auAMtltY'. :- ~~!r: . :- : PRiCe': . :.:.~!Q~~:r.:.:
1 Mobilization 1 Demobilization 1.0 LS
2 Utility Pedestal Removal 1 Reconnection 1.0 LS
3 Removal and Disposal of Existing Structures 1.0 LS
4 Dock Reconstruction - Cross Members, 250+1- LF
Stringers, Hardware - Materials and Labor
5 "IPE" Piling Wrap, Pile Caps and Fenders - 22.0 EA
Materal and Labor
6 Cleats - Furnish and Install 40.0 EA
7 Ladders - Furnish and Install 5.0 EA
8 Final As-Built Survey 1.0 LS
Total Base Bid
Total Base Bid in Writing:
ADD ALTERNATE. FUEL DOCK EXTENSION
Includes demolition of existing structure, dock
reconstruction, timber pile wrap, pile caps, fenders and
cleats. Materials and labor.
BID
QUANTITY UNIT
BID AMOUNT
30+1- LF
Notes:
1
Bid schedule has been prepared to include major components of work. It shall be the contractor's
responsibility to review plans and specifications and to bid accordingly.
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ENTRANCE CHANNEL TO MAR
VILLAGE BOAT BASIN INA
ElllYI<TON !lEACH
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BOYNTON HARBOR FUEl DOCK : ,= ====-.:
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~~~C!Y~T2~ICRA
Ii East Side~West Side~Seaside Renaissance
eRA BOARD MEETING OF: September 14,2010
I Consent Agenda I X I Old Business I I
New Business I I
Public Hearing I I
Other
SUBJECT: Consideration of Approval to Renew the Fuel DocklMarina Management Services Agreement with
Waypoint Marine, Inc.
SUMMARY: The CRA purchased the dive shop and slips in 2006 and purchased the fuel dock pad in 2007. At
the time of purchase, Waypoint Marine, Inc. was the acting fuel dock manager responsible for the full operation
of the fuel dock under The Related Group. In order to continue fuel dock services without interruption, the CRA
entered into an agreement with Waypoint Marine, Inc. to manage the operation of the fuel dock until the end of
the fiscal year September 30,2007.
At the regular CRA meeting held on September II, 2007, the CRA Board approved the issuance of a Marina
Management RFPIRFQ soliciting proposals and statements of qualifications from experienced marina
management companies. As a result of the RFP, Waypoint Marine, Inc. was selected to provide marina
management services. The time period of the original agreement ran from February I, 2008 through September
30,2010. The agreement provides for an additional two year renewal upon the mutual agreement of both parties.
Waypoint Marine, Inc. has successfully and effectively managed the fuel dock facility for the CRA since the
purchase of the fuel dock and slips. Waypoint Marine, Inc. has been responsible for the daily operation of the
fuel dock, gasoline and diesel fuel sales and orders, weekly/monthly sales reports, accounting audits, slip rent
collection, was invaluable in providing assistance with the slip reconstruction project enforcement of the tenus
and conditions of the Dock Lease Agreements, hurricane plan implementation as well as the daily supervision of
the slip area.
FISCAL IMPACT: $148,000.00 - General Revenue Fund Account # 51630-241.
RECOMMENDATIONS/OPTIONS:
Option 1: Approve the renewal of the Fuel Dock & Marine Management Services Agreement with
Waypoint Marine, Inc. for an additional two year term expiring September 30,2012.
Option 2: Approve the renewal of the Fuel Dock & Marine Management Services Agreement with
Waypoint Marine, Inc. for an additional two year term expiring September 30, 2012 with a part-time
marin lip parking/dock attendant for the additional cost of $24,050.00 per year.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 _ 2010 Board
Meetings\09-14-10\Renwal Fuel Dock and Marina Managment agrmt-waypoint marine.doc
P.O. Box
Boynton Beach FL 33425
Phone: 561703-2185
Fax: 561742-2206
9-1-2010
The Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach FL 33435
Proposal for Marina Management
The marina management contract between Waypoint Marine Inc. and The Boynton
Beach CRA beginning on February 15t 2008 is ending on September 30th 2010. The
contract carries an option for an additional two year renewal subject to the mutual
agreement of both parties.
During the period of the contract The Boynton Harbor Marina was rebuilt creating
additional work that was not considered in the bid for the management in February 2008.
Now that the slips are finished and nice vessels are there it takes more work to meet the
needs of the slip holders. Trash cans were placed on the dock that have to be emptied
everyday and additional work is required to read meters and bill for power and water.
Waypoint Marine Inc. proposes to continue management services of the Boynton Harbor
Marina per section nine in The Fuel Dock and Boynton Harbor Marina Management
Agreement. We will continue our current services for the current price for two more
years. We will also deal with the trash and the minor extra paperwork for no extra charge
to The CRA. We do believe there is a need to add additional employees to properly
manage the new marina and a separate proposal will be submitted to the CRA as an
option.
Waypoint Marine Inc. is pleased to have provided services to the The CRA for the
Boynton Harbor Marina over the past three years. We hope to continue our management
duties at the facility and our successful relationship with The eRA for another two years
to come.
SA?lY, .
:p/W- ~..
Brian Smith
President
Waypoint Marine Inc.
Boynton Beach Community Redevelopment Agency
Fuel Dock and Boynton Harbor Marina Management Agreement
This Management Agreement is made the dates indicated below, by and between
Boynton Beach Community Redevelopment Agency, a governmental entity created
pursuant to Florida Statute Chapter 163, with its principal office located at 915 South
Federal Highway, Boynton Beach, Florida 33435 ("Owner"), and WavDoint Marine.
Inc., a corporation organized and existing under the laws of Florida, with its principal
office located at 140 Yacht Club Way. Hvpoloxo. Florida 33462 ("Manager").
RECITALS
A. Owner owns a fuel dock and 24 slip marina at 735 Casa Loma Boulevard,
Boynton Beach, Florida.
B. Manager represents that it is qualified in the supervision, operation and
management of fuel docks and marina.
C. Owner desires to employ Manager to act as its Manager in supervising,
administering and managing the fuel dock and marina.
D. Manager desires to furnish those services, all subject to the terms and
conditions set forth in this agreement.
In consideration of the matters described above, and of the mutual benefits and
obligations set forth in this agreement, the parties agree as follows:
SECTION ONE. APPOINTMENT OF MANAGER
A. Owner appoints Manager for the term of this agreement as its sole and
exclusive Manager to supervise and administrate, for and at the expense of Owner. the
management and operation of the fuel dock and 24 slip marina, on the terms and
conditions stated below. This appointment is to be effective the date the last of the
parties has signed this agreement and to continue in force afterwards for the period
specified in Section Nine below.
B. Manager shall manage, operate, and maintain the fuel dock and marina in
an efficient and satisfactory manner. Manager shall act in a fiduciary
-fL-
Initials
-i3$-
Initials
Page 1 of 16
capacity with respect to the proper protection of and accounting for
Owner's assets. In this capacity, Manager shall serve Owner's interests at
all times.
SECTION TWO. MANAGEMENT AND OPERATION SERVICES
Manager accepts the appointment under the terms and conditions set forth in this
agreement, and in connection with the supervision, administration, and management,
Manager shall perform the following services:
A. General Operation: Manager will operate the fuel dock and marina in the
same manner as is customary and usual in the operation of comparable facilities for the
account of Owner, and so far as is economically and legally possible, in accordance
with the same procedures, practices, m~nagement techniques and other rules of
operation used by similar fuel docks and marinas and those managed by Manager for
the account of others (except where this agreement shall specifically provide a different
procedure, practice, and so forth).
B. Emplovees: Independent Contractor. Manager shall have in its
employment at all times a sufficient number of capable employees to enable it to
properly, adequately, safely and economically manage, operate, maintain, and account
for the fuel dock and marina. All matters pertaining to the employment, supervision,
compensation, promotion and discharge of employees are the responsibility of
Manager, which is in all respects the employer of those employees. Notwithstanding
anything to the contrary, Owner shall be notified at least five days prior to the proposed
replacement of the fuel dock and marina's general Manager. The replacement of any
general Manager will be subject to the review and approval of Owner. Manager shall
fully comply with all applicable laws and regulations having to do with worker's
compensation, social security, unemployment insurance, hours of labor, wages, working
conditions, and other employer-employee related subjects. Manager represents that it is
and will continue to be an equal opportunity employer and must advertise as such. This
agreement is not one of agency by Manager for Owner, but one with Manager engaged
independently in the business of managing properties on its own behalf as an
independent contractor. All employment arrangements are therefore solely Manager's
concern and Owner shall have no liability with respect to those arrangements.
D. Income: The establishment of all prices, price schedules, rates and rate
schedules shall be subject to Owner's prior written approval, and in this connection
Manager shall use diligent efforts to collect all income of any type and nature which may
become due from time to time or at any time for goods and services provided in
connection with the fuel dock and marina or any portion of it. Manager shall collect and
i'"r 85
~ initials
Page 2 of 16
identify any income due Owner from all fuel sales except the convenience items
separately provided for in Section One, paragraph F below. Manager shall collect and
identify any income due Owner from all fuel except the convenience items. Manager
shall be responsible for the collection of all marina rents due and payaple the first of
each month. Manager shall also be responsible for the issuance of slip lease
agreements, subject to CRA approval, and enforcement of the terms and conditions of
the lease agreement. All monies so collected shall be deposited daily in the operating
accounts, as defined below. In connection with any collection efforts, only legal counsel
or a collection firm approved by Owner shall be retained. All legal expenses incurred in
bringing such approved suit or proceeding shall be submitted to Owner for its prior
approval. Manager shall not write off any income items without the prior approval of
Owner.
E. Reoairs: Subject to the approved operating budget as defined below, the
Manager shall be responsible for making ~uch repairs, alterations and decorations for
the fuel dock and marina as Manager may deem reasonable and necessary for the
proper maintenance and operation of the fuel dock and marina. However, no contract
for repairs, alterations or decorations involving a single expenditure in excess of
$500.00 shall be entered into without written notice to, and written approval of, Owner
having first been obtained. In the event of an emergency requiring prompt action for the
protection or safety of the fuel dock and marina or its occupants, Manager shall be
empowered to take necessary action without prior approval, after which a written report
of the occasion for action and the action taken shall immediately be made to Owner.
F. Convenience Items: The Manager shall have the 'right sell convenience
items from the fuel dock. The sale of convenience items shall be the right and sole
responsibility of Manager. Manager shall be responsible for obtaining all necessary
permits for the sale of convenience items. Notwithstanding, Owner shall have the right
to approve, in advance, in writing a list of items to be sold. Sale of any unapproved
items shall be a breach of this agreement. Convenience items shall mean but not be
limited to ice, bait, snacks, fishing tackle and oil. The cost of purchase of inventory of
convenience items shall be the responsibility and cost of Manager. Manager shall pay
to Owner five percent (5%) of gross sales less sales tax as the fee for the right to sell
convenience items. Manager shall account for purchase and sales of convenience
items on the same schedule and to the same detail as for fuel dock sales and services.
Except as otherwise directed by Owner in a particular case, all concessions and
licenses for the sale of the convenience items shall be in Manager's own name as
Manager for Owner and not in the name of Owner.
-E-
fl5
Initials
Page 3 of 16
G. Accountina: The installation of accounting and internal auditing systems
shall be in accordance with Section Three below.
H. Service Aareements: Generally, the Manager shall n'egotiate service and
other contracts reasonably necessary or desirable in connection with the operation of
the fuel dock and marina in the usual course of business, except that Manager shall not
enter into any contract for cleaning, maintaining, repairing or servicing of the fuel dock
and marina or any of the constituent parts that requires annual payments in excess of
$500.00 without the prior written consent of Owner. As a condition to obtaining that
consent, Manager shall supply Owner with a copy of any such proposed contract and
shall state to Owner the relationship, if any, between Manager (or the person or persons
in control of Manager) and the party proposed to supply the goods or services, or both.
All service contracts shall: (a) be in the name of Manager, (b) be assignable, at bwner's
option, to Owner or Owner's nominee, (c) include a provision for cancellation by Owner
or Manager upon not less than thirty [30] oays' written notice, and (d) require that all
contractors provide evidence of sufficient insurance. If this agreement is terminated
pursuant to Section Nine, Manager shall, at Owner's option, assign to Owner or Owner's
nominee all service agreements pertaining to the fuel dock and marina.
I. Inventory. Supplies and Equipment: Subject to the approved operating
budget, Manager shall purchase all inventories, provisions, supplies and equipment as
Manager may deem reasonably necessary in order to properly maintain and operate the
fuel dock and marina.
J, Advertisina: Manager shall prepare advertising plans and promotional
materials to be used to further sales if determined necessary between Owner and
Manager. Such plans or materials shall only be used if approved in advance in writing
by Owner and in conformity with that approval. Manager shall not use Owner's name in
any advertising or promotional materials without Owner's prior written approval in each
instance. Advertising and promotional materials shall be prepared in full compliance
with federal, state and local fair housing laws, ordinances, regulations and orders.
K. Compliance With Laws: Manager shall be responsible for full compliance
with federal, state and municipal laws, ordinances, regulations and orders relating to the
renting, use, operation, repair and maintenance of the fuel dock and marina and with
the rules, regulations or orders of the local board of fire underwriters or other similar
body. In particular, Manager shall be responsible for full compliance with all laws, rules
and regulations relating to the storage and sale of hazardous materials as hereinafter
further provided. Manager shall promptly remedy any violation of any such law,
ordinance, rule, regulation or order which comes to its attention.
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Expenses incurred in remedying violations may only be paid by the Owner. If the
violation is one for which Owner or other title holder might be subject to penalty,
Manager shall notify Owner within three [3] business days to the end that prompt
arrangements may be made to remedy the violation, provided that any and all costs,
fines and penalties payable as a result of the violation accruing between the date of
Manager's first receiving actual notice of the violation and the date Manager gives
notice to Owner shall be borne by Manager.
L. Hurricane Preoaredness: Manager shall be responsible for developing a
hurricane plan for the fuel dock and marina that will implemented in the event of a
hurricane. The plan should be consistent with actions typical and customary to fuel
dock and marina industry standards. The hurricane plan must be approved by the
Owner in writing. - ~
M. Taxes: Mortaaaes: Manager shall, if so requested, obtain and verify bills
for real estate and personal property taxes, improvement assessments and other similar
charges that are or may become liens against the fuel dock and marina and may
recommend payment or appeal as in its best jUdgment it may decide. Manager shall
forward the bills to Owner for payment by Owner in time to permit Owner to avoid
penalty for late payment or to permit Owner to take advantage of discounts. Manager
shall not make any payments on account of any ground lease, mortgage, deed of trust,
or other security instrument, if any, affecting the fuel dock and marina.
N. Leasina: Manager shall not lease any space to other purveyors whether
for convenience items or other items without the prior written consent of Owner.
O. General: Subject to the terms and conditions of this agreement, Manager
shall perform all acts reasonably necessary in connection with the operation of the fuel
dock and marina in an efficient and proper manner and in accordance with standards
and policies established or to be established by Manager for the operation of a first-
class fuel dock and marina.
SECTION THREE. ACCOUNTS AND RECORDS
A. Insoection: All books, accounts and records maintained on site for the
operation of the fuel dock and marina, including all accounts in the name of the
Manager used by Manager for payment of the Management Costs listed on Exhibit A,
shall be open at all reasonable hours for inspection and audit by Owner or any qualified
and experienced accountant selected by Owner for that purpose. In all cases, proper
identification must be given to the general Manager in charge of the fuel dock and
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marina before inspection will be granted. At the sole discretion of the Owner, within sixty
[60] days after the close of each fiscal year an audit shall be made of the books and
accounts, including all accounts used by Manager for payment of the Management
Costs listed on Exhibit A, by independent auditors, satisfactory to Owner, which shall be
an expense of operating the fuel dock and marina and not the responsibility of Manager.
A copy of the audit shall be furnished to each of the parties to this agreement
immediately upon completion.
B. Owners Books of Accounts: Manager, in the conduct of its responsibilities
to Owner, shall assist the Owner in maintaining adequate and separate books and
records for the fuel dock and marina. Books and records shall be maintained in
accordance with Owner's specified accounting system and chart of accounts for fuel
dock and marina to be furnished by Owner to Manager. Manager shall ensure control
over accounting and financial transactions as reasonably required to protect Owner's
assets from theft, error, or fraudulent activity on the part of Manager's employees or
other agents. Losses arising from those instances are to be borne by Manager and shall
include but not be limited to:
1 . Theft of assets by Manager's employees or other agents;
2. Penalties, interest, or loss of vendor discounts due to delay in payment of
invoices, bills or other similar charges;
3. Overpayment, nonpayment, or duplicate payment of invoices arising from
either fraud or error;
4. Overpayment of labor costs arising from either fraud or error;
5. A sum equal to the value of any form of payment from purveyors to
Manager's employees or affiliates arising from the purchase of goods or
services for the fuel dock and marina; and
6. Unauthorized use of facilities by Manager's employees or associates.
C. Manaaer's Books of Accounts: Manager, in the conduct of its
responsibilities to Owner, shall maintain adequate and separate books and records for
the Management Costs listed on Exhibit A for which Manager is responsible for
payment. Books and records shall be maintained in accordance with Owner's specified
accounting system and chart of accounts for fuel dock and the marina to be furnished
by Owner to Manager. All such books and records shall be maintained on site or at a
location agreed to by Owner. Manager shall ensure control over accounting and
financial transactions as reasonably required to protect Owner's assets from theft, error,
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or fraudulent activity on the part of Manager's employees or other agents. Losses
arising from those instances are to be borne by Manager.
D. Financial Reoorts: Manager shall furnish preliminary reports each month
of all transactions occurring from the first day of the prior month to the last day of the
prior month. These preliminary reports are to be received by Owner no later than five [5J
calendar days after the end of the accounting period and must show all fuel sales, taxes
collected for fuel sales, fuel purchases, collections, monthly delinquencies, uncollectible
items, and other matters pertaining to the management, operation, leasing, and
maintenance of the fuel dock and marina during the subject month. These reports shall
contain a comparison of monthly and year-to-date actual income and expenses !Vith the
approved budgets (as provided in Section Four) for the fuel dock and marina.
Additionally, Manager shall provide Owner a weekly report of fuel purchases, taxes
collected for fuel sales, sales of Manager's .goods, and inventory. The fuel report shall
be for the days of Monday through Sunday and shall be due on the Wednesday
immediately following the reporting week.
SECTION FOUR. BUDGETS AND OPERATIONS
Within twenty [20J days after signing this agreement, and no less than ninety [90J
days prior to each ensuing renewal fiscal year, Manager shall submit to Owner a
proposed operating budget and a proposed capital budget setting forth in detail an
estimated profit and loss statement for the next four quarterly periods including a
schedule of fuel dock and marina rentals as well as any other revenues. Each budget
shall also include a detailed management and marketing plan and (to the extent
available) insurance premiums, taxes, management fee and all other expenses and
operating costs incurred in the operation of the fuel dock and marina. An initial
estimated budget is attached hereto as Exhibit "B".
Owner will consider each proposed budget and then will consult with Manager in
the intervening period prior to the commencement of the ensuing fiscal year in order to
agree on an "approved operating budget" and an "approved capital budget."
Manager agrees to use diligence and to employ all reasonable efforts to ensure
that the actual costs of maintaining and operating the fuel dock and marina shall not
exceed either the approved budget in total or in anyone accounting category. All
expenses must be charged to the proper account as specified in the approved cha.rt of
accounts, and no expense may be classified or reclassified for the purpose of avoiding
an excess in the annual budgeted amount of an accounting category. Manager shall
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secure Owner's prior written approval for any expenditure that will result in an excess of
$500.00 in anyone accounting category of the approved operating budget, and shall
secure Owner's written approval for any expenditure that will result in any increase in
any annual budgeted account in any accounting category of the approved capital
budget.
During the calendar year Manager shall inform Owner of any major increases in
costs and expenses that were not foreseen during the budget preparation period and
thus were not reflected in either approved budget.
SECTION FIVE. DISPOSITION OF FUNDS FROM
FUEL DOCK AND MARINA OPERATIONS
Funds originating from the fuel dock and marina's operation or from Owner and
coming into Manager's possession shall be received, handled and disposed of as
follows:
A. Owner's Ooeratina Accounts: All funds received in the operation of the fuel
dock and marina, including any working capital furnished by Owner, shall be funds of
Owner and shall be deposited by Manager in the account at the banking institution or
institutions selected by Owner in the name of Owner. All such funds shall be deposited
daily. Manager shall make arrangements and Owner shall sign all necessary
paperwork to provide acceptance of credit card charges for fuel. Manager shall have no
signing authority over the main operating account. Owner and Manager may agree to
open a separate petty cash account over which Manager will have signing authority
along with Owner. Upon agreement for a petty cash account, Manager shall provide
Owner an accounting of expenses paid including receipts, in order to obtain additional
funds for the account. Owner shall provide Manager with electronic access on a READ
ONLY basis to the Owner's Marina Operating account for purposes of business
inquiries to credit card deposits, electronic fuel payments, deposits and payments.
B. Payment of Exoenses: Manager shall, except for payments out of an
agreed petty cash account and the Management Costs listed on Exhibit A to be paid by
Manager, provide invoices to Owner's designated employee for payment. Owner and
Manager shall make arrangements with Manager's fuel supplier for electronic
payments, payment terms or other appropriate arrangements to facilitate the delivery of
fuel as necessary.
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C. PaYment to Owner: Owner shall have full control of all funds from the
operations of the fuel dock and marina except for the convenience items and funds paid
to Manager for payment of Managers Costs as listed on Exhibit A. Owner may disburse
funds to itself as it deems appropriate. "
SECTION SIX. MANAGER NOT TO PLEDGE OWNER'S CREDIT
Manager shall not pledge the credit of Owner nor shall Manager in the name of,
or on behalf of, Owner borrow any money or execute any promissory note, bill of
exchange or other obligation.
SECTION SEVEN. REIMBURSEMENT FOR EXPENSES
Everything done by Manager in the proper performance of ~ts obligations and all
permitted expenses incurred by it under this agreement shall be for and on behalf of
Owner and for Owner's account. Manager shall be reimbursed for any proper expenses
outside of those expenses listed in Exhibit "A" upon presentation of a receipt and
approval of the same by Owner.
SECTION EIGHT. INSURANCE
A. Owner's Insurance: Owner, at its expense, will obtain and keep in force
adequate insurance against phYSical damage, that is, fire with extended coverage
endorsement, boiler and machinery, etc., and against liability for loss, damage or injury
to property or persons which might arise out of the occupancy, management, opera~ion
or maintenance of the fuel dock and marina. Manager will be covered as an insured in
all liability insurance maintained with respect to the fuel dock and marina. Owner shall
save Manager harmless from any liability on account of loss, damage or injury actually
insured against by Owner provided Manager:
1. Notifies Owner and the insurance carrier within 24 hours after Manager
receives notice of any such loss, damage or injury;
2. Takes no action (such as admission of liability) that might bar Owner from
obtaining any protection afforded by any policy Owner may hold or which
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might prejudice Owner in its defense to a claim based on such loss,
damage or injury;
3. Agrees that Owner shall have the exclusive right, at its option, to conduct
the defense to any claim, demand or suit within limits prescribed by the
policy or policies of insurance; and
4. Has not acted negligently and any liability results from such negligence.
Nothing here shall be construed as indemnifying Manager or its employees,
contractors or agents against any act or omission for which insurance protection is not
available; neither is the preceding intended to affect the general requirement of this
agreement that the fuel dock and marina shall be managed, operated and mainfained in
a safe condition and in a proper and careful manner. Manager shall furnish Owner
requests for the purpose of establishing the.placement of insurance coverages and shall
aid and cooperate in every reasonable way With respect to such insurance and any loss
under it. Owner shall include in its hazard policy covering the fuel dock and marina,
Owner's personal property, fixtures and equipment located on it.
B. Workers Compensation: Manager must furnish a certificate evidencing
workers' compensation and crime insurance in a form acceptable to Owner. Crime
insurance shall be for an amount not less than $5,000.00 per occurrence. The certificate
shall have attached an endorsement that Owner will be given at least ten [10] days' prior
written notice of cancellation of or any material change in the policy.
C. Additional Insurance: Manager shall be responsible for any insurance
Manager deems appropriate for insuring the convenience items and any equipment
Manager places in the fuel dock and marina. Manager shall carry such other insurance
as reasonably required by Owner.
D. Contractor Insurance: Manager shall require that all contractors or
subcontractors brought onto the fuel dock and marina have insurance coverage at the
contractor's or subcontractor's expense, in the following minimum amounts:
1 . Worker's compensation in the statutory amount.
2. Comprehensive general liability of at least $1,000,000.00, combined single
limit.
Manager must obtain Owner's permission to waive any of the above
requirements. Higher amounts may be required if the work to be performed is
sufficiently hazardous. Manager shall obtain and keep on file a certificate of insurance,
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which shows that the subcontractor is so insured. Owner shall be named as an
additional insured on the certificate.
SECTION NINE. TERM OF AGREEMENT
The original term shall commence on February 1, 2008, and end On September
30, 2010. The agreement carries an option for an additional two (2) year renewal
subject to the mutual agreement of both parties.
A. Either party to this agreement may terminate this agreement with or
without cause by giving thirty [30] days' prior notice in writing to the other party.
B. Upon termination of this agreement all sums due to either party under the
terms specified in this agreement shall become immediately due and payable.
C. In addition to other termination rights provided in this agreement, this
agreement shall terminate automatically and immediately upon sale of the fuel dock and
marina by Owner or upon termination of Owner's right to sell fuel at the fuel dock.
Owner agrees to give Manager prior notice of sale.
D. Owner may terminate this agreement for failure to meet accounting
deadlines by Manager. Should Manager not meet the reporting deadlines more than
twice in succession or more than four times during the term of this agreement, Owner
shall have the right to either terminate this agreement or to put Manager on notice of
probation. Should Owner put Manager on notice of probation, Owner may terminate
Manager without notice for any succeeding violation of reporting requirements.
E. Owner may terminate this agreement, without notice, should Manager not
meet all regulatory guidelines and requirements for the storage and dispensing of fuel or
allow any hazardous conditions to exist regarding the storage and dispensing of fuel.
SECTION TEN. COMPENSATION OF MANAGER
Manager shall be paid a management fee of $12.333.00 per month due on the
first day of the month following the month of service and past due on the fifteenth day of
the month. In addition, Manager shall be paid 1/12 of the agreed upon expenses listed
as Managers Costs in Exhibit "A". Manager shall be responsible for the payment of and
accounting for use of the funds for the Managers Costs as listed on Exhibit "A",
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SECTION ELEVEN. INDEMNIFICATION
Manager shall not be liable to Owner or to any other person for any obligation of
Owner or any contractual obligation that arises in the course of the, business of the fuel
dock and marina and Owner shall indemnify and hold Manager harmless for any such
obligation. With respect to any act or omission of any agent or employee of Owner,
Owner shall indemnify Manager and hold it harmless from all liability, loss, damage,
cost or expense by reason of any such act or omission. In no event shall Owner make
any claims against Manager on account of any alleged errors of judgment made in good
faith in determining the operating policies of the fuel dock and marina.
SECTION TWELVE. SALE OF FUEL DOCK AND/OR MARINA
If Owner executes a listing agreement with a broker for sale of the fuel dock and/or
the marina, Manager shall cooperate with such broker to the end that the respective
activities of Manager and broker may be carried on without friction. Manager will permit
the broker to exhibit the fuel dock and marina during reasonable business hours
provided the broker has secured Manager's permission in advance. Sale of the fuel
dock and/or marina by Owner is important. Manager agrees that failure on its part to
extend cooperation to a broker desiring to show the fuel dock and/or marina is a
material default on its part under this agreement and is grounds for immediate
termination of this agreement.
SECTION THIRTEEN. NOTICES
Any notice, statement or demand required or permitted by this agreement to be
given by Manager to Owner shall be in writing, and shall be sent by registered or
certified mail to Owner at 915 South Federal Highway, Boynton Beach, FL 33435, or at
such other address as Owner may from time to time designate to Manager in writing.
Any notice required or permitted by this agreement to be given by Owner to Manager
shall be in writing and shall be sent by registered or certified mail to Manager at PO Box
747. Bovnton Beach. FL 33425 , or such other address as Manager may, from time to
time, designate to Owner in writing. Any such notice shall be deemed given as of the
date of its receipt at the address to which such notice is so directed regardless of any
other date that may appear there.
SECTION FOURTEEN. ASSIGNABILITY
Subject to at least 30 days' prior written notice to and approval by Owner,
Manager may assign its respective rights, interests and obligations under this
agreement to any subsidiary, to any corporation with which it merges or is consolidated,
(3<)'
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or to which it sells the majority of its assets. No other assignment of this agreement or
the rights under it by Manager shall be permitted.
Owner shall have the right to assign this agreement to any:purchaser, lessee or
other transferee of substantially all of the assets comprising the fuel dock and marina,
provided such purchaser, lessee or transferee expressly assumes by a writing delivered
to Manager all of the obligations of Owner under this agreement.
SECTION FIFTEEN. COMPETITIVE BIDDING
All contracts for repairs, capital improvements, goods and services exceeding
$1,000.00 shall be awarded on the basis of competitive bidding, solicited in the following
manner:
A. A minimum of three written bicjs shall be obtained for each such purchase.
B. Each bid will be solicited in a form prescribed by Owner so that uniformity
will exist in the bid quotes.
C. Unless otherwise directed by Owner, Manager may accept a low bid
without prior approval from Owner if the expenditure is for a budget-approved item and
will not result in an excess of the annual budgeted accounting category of the applicable
approved operating or capital budget; provided, however, that if Manager advises
acceptance by Owner of other than the lowest bidder, Manager shall adequately
support, in writing, any such recommendation to Owner.
D. Owner shall be free to accept or reject any and all bids.
E. Manager may request that Owner waive the competitive bidding rules on a
case-by-case basis.
SECTION SIXTEEN. FINAL ACCOUNTING
Upon termination of this agreement for any reason, Manager shall promptly
deliver to Owner the following with respect to the fuel dock and marina:
A. A final accounting, reflecting the balance of income and expenses of the
fuel dock and marina, as of the date of termination or withdrawal, to be delivered within
thirty [30] days after such termination or withdrawal;
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B. Any balance of monies of Owner or tenant security deposits, or both, held
by Manager with respect to the fuel dock and marina, to be delivered immediately upon
termination or withdrawal;
C. All records, contacts, bookings, leases, reservation books, receipts for
deposits, unpaid bills and other papers or documents which pertain to the fuel dock and
marina, to be delivered immediately upon such termination or withdrawal; and
D. A complete inventory of the assets of Owner, including, but not limited to,
personal property, equipment, inventory and consumables.
SECTION SEVENTEEN. INDEMNIFICATION BY MANAGER
Manager shall indemnify, defend and hold Owner harmless from any and all
uninsured claims, demands, causes of ~ction, losses, damages, fines, penalties,
liabilities, costs and expenses, including attorneys' fees and court costs, sustained or
incurred by or asserted against Owner by reason of or arising out of Manager's (or its
employees' or agents') negligence in performing or failing to perform the duties and
obligations required by this agreement to be performed by it. Notwithstanding the
preceding, to the extent that Owner is not fully covered by insurance, Manager shall, to
the extent set forth below, indemnify Owner and hold it harmless from any damages,
fines, penalties, liability, cost, claim or expense, including attorneys' fees, arising out of
or in connection with the operation of the fuel dock and marina or Manager's operations
other than at the fuel dock and marina. The costs of indemnity shall be borne as follows:
A. If the damage, liability, cost, claim or expense is attributable to (1)
Manager's acts which are negligent, or (2) Manager's breach of this agreement, the cost
of indemnification shall be borne solely by Manager; and
B. If the damage, liability, cost, claim or expense is attributable to any other
reason or cause, the cost of indemnification shall be reimbursed by Owner to Manager
within thirty [30] days following receipt by Owner from Manager of proof of the payment
by Manager of the cost and shall to the extent possible be charged against the
operating accounts of the fuel dock and marina.
SECTION EIGHTEEN. ENFORCEABILITY
If any provision of this agreement or the application of any provision to any
person or circumstances is held invalid or unenforceable, the remainder of the
agreement and the application of the provision to other persons or circumstances shall
remain valid and enforceable.
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SECTION NINETEEN. WAIVER OF PROVISIONS
None of the conditions or provisions of this agreement shall be held to have been
waived by any act of knowledge of Manager, its agents or employees, but only by an
instrument in writing, signed by an officer of Manager.
SECTION TWENTY. ENTIRE AGREEMENT
This agreement shall constitute the entire agreement between the parties relative
to the subject matter of the agreement, notwithstanding any oral statements to the
contrary, and this agreement may be executed simultaneously in two Qr more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. This agreement cannot be changed or
terminated orally, but only by writing signed by the party against whom such change or
termination is asserted. .
SECTION TWENTY-ONE. BURDENS AND BENEFITS
This agreement shall be binding upon and shall inure to the benefit of the respective
legal representatives, successors and assigns of Manager, Owner and any future
Owner or lessee of the fuel dock and marina.
SECTION TWENTY-TWO. GOVERNING LAW
This agreement shall be interpreted under and governed by the laws of the state
of Florida.
SECTION TWENTY-THREE. HEADINGS
All headings are inserted only for convenience and ease of reference and are not
to be considered in the construction or interpretation of any provision of this agreement.
SECTION TWENTY-FOUR. REPRESENTATION
Manager represents and warrants that it is fully qualified and licensed, to the
. extent required by law, to manage real estate, fuel docks and marinas and perform all
obligations assumed by Manager under this agreement. Manager agrees to comply
with all such laws now or afterwards in effect.
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The parties to this agreement have signed the agreement as of the dates
indicated below. This agreement may be signed in counterparts with each considered
originals.
OWNER:
BOYNTON BEACH COMMUNITY
REDEVEL . MENT AGENCY
MANAGER:
Waypoint Marine, Inc.
By:
By:
Date:
sa Bright, Exe ive
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Page 16 of 16
P.O. Box
Boynton Beach FL 33425
Phone: 561-703-2185
Fax: 561-742-2206
9-1-2010
The Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach FL 33435
Proposal for Additional Services
at The Boynton Harbor Marina
Parking for the boat owners and their customers is becoming an issue as more boats rent
the slips and start operating new businesses out of the marina. When the winter season
arrives and many more people come to the marina and area restaurants the parking will
be a problem. The marina could use additional staff to monitor parking and provide dock
attendant services. The way it is now during the week only one staff member is working
and if there is a vessel fueling that person cannot leave the fuel dock to address issues at
the marina. On the weekends the fuel dock gets so busy it takes two people to run it and
again we have no one at the marina. Another person stationed at the slips would solve
the parking problems at the marina.
ADDITIONAL SERVICES
Parking AttendantIDock Attendant
· Waypoint will hire two part time employees to be the marina attendants.
· The new people's responsibilities will be to regulate the parking in the marina
owned parking spaces. They will assist boaters with lines, carts, and trash. The
new people will also clean the docks and help with the upkeep and maintenance
of marina property.
· The schedule attached is proposed to get the coverage needed. The schedule also
has a weekend coverage only option as well.
· The attendants will make 9 dollars per hour.
· Waypoint will be paid a fee of$300 per pay period (every two weeks) for
management of the new people.
Total Annual Cost to CRA: $40,300
Alternate price for weekend attendants only is below:
Total Annual Cost to CRA: $24,050
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ill East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: September 14, 2010
I Consent Agenda IX I Old Business I I
New Business
Legal
I Executive Director's Report
SUBJECT: Discussion ofFY 2010-201 I Budget
SUMMARY:
· At the July 26,2010 Budget Workshop a number of recommendations were made by the eRA
Board.
· Attached is a summary list ofrevisions to the FY 2010-201 I budget based on the outcome of the
July 26th meeting. The revisions are numbered according to the Minutes from July 26th, also
attached.
· The revised budget for FY 2010-201 I is attached for discussion purposes.
FISCAL IMPACT: None at this time.
CRA PLAN, PROGRAM OR PROJECT: None
RECOMMENDA TIONS/OPTIONS: Provide direction to staff for final CRA FY 201 0-201 I
budget approval on September 27, 2010.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 _ 2010 Board
Meetings\09-14-10 Meeting\Budget Discussion FY 201 0-2011.doc
Revisions and Reauested Information at Budaet Workshop - July 26. 2010
1. Mid-year estimates itemized
2. Board travel (budget page 2) - In the mid-year estimate, the $8,000 of
travel to the Florida Redevelopment Association represents
a. $2,500 total by four Board members to the October 2009
conference ($625.00 each)
b. $5,500 for seven new Board members ($785.00 each) of estimated
travel to the October 2010 conference.
c. The estimate for new Board members is higher since it is
anticipated they will attend the entire conference and pre-
conference workshop sessions.
3. Board donation detail during FY 09-10 (budget page 2):
a. 1/5/10 - Chamber of Commerce - $250
b. 1/6/10 - Habitat for Humanity-Collegiate Challenge - $500
c. 1/13/10 - Business Dev'l Board, Familiarization Tour - $2,000
d. 2/17/10 - Sister Cities, Young Artists Showcase - $1,500
e. 5/20/10 - City of Boynton Beach, All Star Cheerleaders - $1,500
f. 7/15/10- S1. John's Back to School Health Fair - $1,000
4. Board agendas on flash drives implemented with July 13, 2010 meeting
5. Memberships - Eliminated $2,925 in Executive Office (budget page 3)
a. Urban Land Institute $ 450
b. International Downtown Associations $1,350
c. International Council of Shopping Centers $ 100
d. International Economic Development Council $ 345
e. Commercial Real Estate Development Assoc. $ 505
f. Society of Human Resource Management $ 175
6. Business Development Board - See attached from website.
7. Cell Phones - Reduced by $2,100 versus prior year. Eliminated cell
phones for:
a. Finance Director
b. Asst. Finance Director
c. Administrative Services Manager
d. Assistant Director
8. Personnel Costs - Salaries in departments itemized by employee job
classification. (budget pages 3-7)
T:\FINANCE\01 FINANCIAL OPERATIONSWearly Operations\Budget Files\201 0-2011 Budget Files\Revisions from
Budget Workshop 7-26-10.doc
9. Finance department membership dues for Florida Government Finance
Officers Association and Florida Government Finance Officers Association
must be retained to qualify for certification testing and qualification (budget
page 4).
10. Regional/local meetings and mileage segregated (budget pages 3-7)
11. Ambit marketing contract services attached
12. Special Events contractual services renamed "Event Support." (budget
page 7)
13. Professional Services - Economic Development Financial Assessment
services segregated from general personnel services. Amount increasing
from $6,400 in current fiscal year to $10,000 in FY 10-11 due to a full year
of economic programs (commercial rent subsidies, interior build out,
signage programs). (budget page 9)
14. HR ILA - Increased from $11,000 to $14,500 for estimated start-up costs
($2,300) and recurring IT costs ($100 per month). (budget page 9)
15. Buildings & Grounds (budget page 10) - costs of storage facilities versus
storage at new building:
a. Records Storage Facility = $2,700 annually (200 SF) or $13.50 per
SF
b. Events Storage Facility = $4,400 annually (308 SF) or $14.30 per
SF
c. Holiday House = $78,000 rental cost first year (3,000 SF) or $26.00
per SF
16. Contingency in General Fund (budget page 13) increased from $25,000 to
$75,000. Funding source is debt service fund balance allocation due to
line of credit expenses budgeted but not utilized during this fiscal year.
17. Community Support Requests (budget page 24) - Total budget included
and request as a percent to total budget. Note that the only request
included in the CRA's proposed budget for FY 2010-2011 is $15,000 for
Heritage Awareness.
T:\FINANCE\01 FINANCIAL OPERATIONS\Yearly Operations\Budget Files\2010-2011 Budget Files\Revisions from
Budget Workshop 7-26-10.doc
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Access to flnClncial incentives offered by thee r.ounty and state
Utility. communication and transportation sep'ices and rates
InformCltion on zoning, perrT1itting and govl;rnmental proce%es.
Demographics and labor market Information
Ar::r:ess to training programs
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Introductions to banks law firms. employment agencies, accountinG firms and all other 8ppropriate
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Coordination with county/municipal governments
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Board, local universities, technical schools, Workforce Dev(,lopment Board, Junior
Achievement, Palm Beach Community College and the Human Resource Association to link
an employer to th" appropriate source of workforce supply. This effort has been f,')rmalized
Into an initiative called "P A C F:. " (People. Availoble, Committed Employed)
For more Information cOntact Relocating Companies Andrew Duffell 8t aduffel@tJcs orc; ,Loco!
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Boynton Beach eRA
Marketing and Promotions Budget
10/1/09 - 9/30/10
Ambit Advertising and Public Relations
Budget
2009 Annual Report
Research, Design, Copywriting, Coordination with: CRA, printer, mailhouse $12,000
Production (printing) $7,500
Mailing to businesses and residents in the CRA district $900
Postage $2,000
Total $22,400
Websites
CRA Website - downtown Small Business Marketing Program pages (includes some public
outreach to drive traffic to the site) $1,350/month $16,200
CRA Website - maintenance $300/month $3,600
Trolley Website - maintenance $150/month $1,800
Total $21,600
Trolley Promotion $3,000
Contingency $3,000
TOTAL $50,000
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD BUDGET
WORKSHOP HELD ON MONDAY, JULY 26, 2010 AT 6:30 PM
IN THE LIBRARY PROGRAM ROOM, CITY LIBRARY, BOYNTON BEACH, FL
PRESENT:
Jose Rodriguez, Chair (arrived 6:44 p.rn)
Marlene Ross, Vice Chair
Woodrow Hay
Steve Holzman
William Orlove
Lisa Bright, Executive Director
James Cherof. Board Attorney
1. Welcome by Board Chair Rodriguez
Vice Chair Ross acted as Chair and called the meeting to order at 6:31 p.m.
2. Invocation
The invocation was given by Mr. Hay, followed by the Pledge of Allegiance to the Flag.
3. Budget Overview
The budget overview was given by Lisa Bright and Susan Harris. Ms. Bright explained
the Community Redevelopment Agency's budget was based on two factors which were
the assessed valuations and the final millage rates set by the City and the County. The
budget presented was a draft based on the current millage rate. The City would be
making their final adjustments later, as would the County, and the Community
Redevelopment Agency would make their final budget adjustments after the millage rate
was set by both entities. The Community Redevelopment Agency receives its revenue
once a year in late December Staff was looking for direction and consensus on projects
and programs.
Ms. Harris reviewed a chart which was a snapshot of the Community Redevelopment
Agency's revenues and other funding sources. The Community Redevelopment Agency
receives Tax Increment Financing of $5.5 million, comprising about 55% of their
funding. The marina provided revenues of another 10%, and their funding sources
comprised another 32%. The other funding sources were rollovers, encumbered funds,
and grant revenues they expect to receive in the next fiscal year. The total revenues
were $9,413,574.
1
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
The expenses were divided between debt service charges which were at 29%, and
which was a reduction this year due to a loan dropping off in January. The salaries and
benefits were 8% which was low and the reverse of municipalities. The Project fund
comprised 43% of the expenses, or $1.9 million, which included the marina. Ms. Harris
clarified the next version of the budget would separate out the marina. The amount also
included items such as building and property maintenance, insurance and professional
services, which would also be broken down.
The current asset valuations reflected 19%. Next year, it was anticipated to be13%
given by the County. Revenues and asset valuations were decreasing and the 13%
was reflective of that. It would be necessary for the Board to reduce expenses. The
total general fund operation line item was reduced by 13%.
The Community Redevelopment AQencv Board budQet was reduced by 39%. Staff
removed $15,000 for the electronic agenda and computers. They anticipate having
seven new members, but it was undecided whether the Board would use the electronic
agenda.
Mr. Holzman requested further information. The minutes for the Board's regular and
special meetings were listed as $7,500. Ms. Harris explained the $7,500 was the
estimated amount from the budget. The actual amount was listed on the top of the
page which was $8.200. The amount was strictly for the minutes and nothing for the
electronic agenda and computers.
J
Staff reduced costs associated with conferences and seminars. The items were for new
board members to attend the ABC of GRAs, which was a one-day course held in
October. The conference was also where the Board received their statewide award. It
provided great educational materials. The meeting locations varied in the past but it was
anticipated Orlando would probably become the permanent location. Mr. Holzman
questioned the layout of the budget and it was agreed the estimate and the actual would
be more easily identified. Savings for conferences, meetings and seminars came from
Board Training Workshops, which were reduced from $5,000 to $2,500 for the next
upcoming year. Ms. Harris agreed to provide details of what funds were spent on the
different events.
'\
0--
(Chair Rodriguez arrived at 6:44 p.rn.)
This year staff allocated $10,000 for the entire fiscal year for the Florida Redevelopment
Association Conference. Ms. Harris agreed to provide further details because they went
over budget. This occurred because staff was unable to predict how many Board
members would attend the conference at the time the budget was finalized. It was noted
four or five members went to the State-wide conference in Orlando when staff received
their award.
2
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26,2010
,
Chair Rodriguez had a question about community donations. Ms. Harris agreed to
/J, provide further details regarding which organizations the funds were for, but commented
the items were approved by the Board. She budgeted $7,000 for community support
items that come before the Board or miscellaneous activities that the Board might want
to undertake.
He had a question about the delivery of Board member materials. He thought at some
point the members should pick up their materials or receive them electronically. Once
the Board packets were completed, the materials were put online. Chair Rodriguez
suggested the members save the information on the hard drive. The delivery of the
materials to members' homes was an added expense. He urged the members to clean
up everything as much as possible. He commented last year, they budgeted for an
automated agenda and he thought they should do it before the end of the year and it
was already in the budget Vice Chair Ross expressed it was not a pressing issue If a
new Board was established they could address it then
Mr. Orlove commented the City handles the agenda via a flash drive and had it
accessible Mr. Hay commented when the discussion was held, it was not pressing and
the Board decided to wait Chair Rodriguez explained this Board brought it up, the
Director did not have time to do it then and the Board backed down. The funding for
the electronic agenda and computer was removed from next year's budget. None 01
those funds were spent. Mr Hay felt it was a new Board decision. Chair Rodriguez
disagreed Vice Chair Ross expressed the agenda did not have to be such a divisive
item
Ms. Bright explained they could put it on a flash drive and deliver it to City Hall on
Friday. Chair Rodriguez requested they receive the flash drive on Thursday since the
copies would not have to be prepared. There was discussion about using the flash
drive. The Board already had computers and staff would try to get packets out by
Thursday, end of business. Staff will email the members when the flash drives are
~ delivered to City Hall.
Chair Rodriguez commented the Board was in a crunch time. financially speaking. The
Tax Increment Financing dollars were decreasing proportionate to the City's funds and
they should be mindful of little things. He suggested the members be really focused on
what they would accomplish next year. There would be funds available to use and there
were four areas that needed redevelopment that needed focus. Those areas were North
Federal Highway, Ocean Avenue, MLK Boulevard, a:id Seacrest and Boynton Beach
Boulevards. He explained those areas needed the most attention. He proposed at the
end of the meeting that they allocate dollars specifically for those areas. He explained
they did not have to decide specifically what they would do with the funds, but they
could turn their concepts to the eRA staff and they request proposals for projects that
would work in those areas. The Holiday House was beginning and there were RFPs
issued for MLK and Seacrest Boulevards. There would be work on the Old High School
and there should be focus on Boynton Beach Boulevard. He explained by thinking
3
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26,2010
ahead, the members could focus on those areas and allocate dollars specific to those
areas. Based on the dollars they allocated, staff could bring back proposals to the
Board. It provided a framework for the budget. By doing so and by being mindful of
other things they do, they are spreading themselves thin. He commented there was
money spread all over. If they continued in this process, they would never raise the bar
and only accomplish little things.
Mr. Hay understood the Chair's comments and explained it would be nice if they could
see the future but they did not have all the pieces of the puzzle. By looking at the City
budget, it appeared there may be construction of a City Hall within the Community
Redevelopment Agency district. Although he wanted to see development in the district,
it did not make sense to pay double the rent for Holiday House and for that money to be
going to a developer when the staff could be housed in a new City Hall and the revenue
could go to the City. He did not want to set up a blanket amount without a plan,
especially when changes such as a new Board would come in and it was not the
direction he wanted to move in at the this time.
Chair Rodriguez expressed the way to make a significant impact was to allocate a large
amount of dollars to specific areas and have the staff develop those areas. He
commented he had proposed housing the CRA in the City Hall but Mr. Hay was
opposed. He explained the Board could revisit the matter but if the Board kept doing
what they were dong, they would effect little improvements. To get the most from the
dollar, they needed to allocate significant dollars. He pointed out the Board allocated a
ton of money to MLK and only now they were starting to see results. He explained that
was the plan. Focus on the funding and then do the work. He requested the members
have that vision and allocate significant dollars because it worked well with MLK and
Seacrest Boulevards.
Mr. Hay responded that was before Chair Rodriguez had the Board spend double the
money on Holiday House. He expressed since things have changed, he sees things
differently based on the decisions made regarding the City's budge which was looking
at having a new City Hall. The logical decision would be to go ahead and decide on
having a new City Hall within the next year. Chair Rodriguez's recollection of Mr. Hay's
position was he was not in favor of a new City Hall. Mr. Hay clarified he is in favor of
moving the Community Redevelopment Agency into a better facility. If it meant giving
dollars to a developer versus income coming into the City, then he was in favor of
bringing it to the City.
The Executive Department BudQet reflected an overall reduction of $33,755 or 13%.
Ms. Bright noted a typographical error in membership dues. The membership dues
contained the Society of Human Resource Management (SHRM) organization which
was also listed again in Finance. The organizations keep staff informed in the market.
5. Ms. Bright expressed they could drop some of the memberships, but suggested
maintaining membership in the Florida Redevelopment Association. the Chamber of
Commerce and the Business Development Board, and if a conference was held and
4
Meeting Min utes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26,2010
they wanted to attend, they could pay an extra fee to attend. Mr. Orleve explained if the
membership was associated with accreditation and networking with ether professionals,
it would be beneficial, otherwise subscriptions to international councils may not be
necessary
Chair Rodriguez explained the Business Development Board was a Palm Beach County
Agency and at one point they were asking for funds. He had inquired if the agency ever
located a business in Boynton Beach and the answer was no. He was not sure the
allocation to the county agency was needed. Vice Chair Ross inquired if the Chamber
of Commerce coordinated with the Business Development Board. Ms. Bright explained
they market Palm Beach County The Council works directly with Enterprise Florida
and the Alliance which indicates which industries are interested in moving to Palm
Beach County, which assist staff to market Boynton Beach
Mr. Hay suggested keeping those three memberships and eliminating the others. Chair
Rodriguez differed and he indicated it was paid for through taxes. Ms. Bright explained
they provided guidance on barriers to development and identify specific elements that
detract from development. They also were on the pulse to identify what they needed to
change. The Board provided resources as opposed to tangible deliverables. As a
county agency, they should have access to that information Chair Rodriguez
requested Ms. Bright provide an analysis of the services they provide through thel!
membership versus the basic services they should be receiving for free Ms. Bright
agreed to provide an analysis of what they provide to their membership
Delivery Services were Fed Ex services they use when they have closings. The Cell
Phone increase was due to omitting the cell phones for the administrative services
manager The Community Redevelopment Agency cell phone policy provided for
reimbursement of $60 per month if they used their own cell phone, or the member
received a Blackberry. Chair Rodriguez requested what the benefit was for Ms. Harris or
the Administrative Services Manager to have the cell phone allowance when they were
in the office Ms. Harris explained she uses it when she is on the road or after hours.
Her plan was she did not use it for calls. It was a government rated plan just for the
Blackberry If she used it for a phone call, she paid for the call. She explained it was
more convenient than a laptop. Mr. Holzman inquired if the members could setup the
emaits to his cell phone. Ms. Harris noted her cell phone was old and did not have that
capability.
There was discussion all nine members had a cell phone. It was explained Ms. Biscuiti
needed a cell phone because she is out and about for events, as did Ms. Biscuiti's
assistant, and Mr. Simon was often required to travel off-site as well. Ms. Walsh also
had to be off-site for the public relations work. Chair Rodriguez requested staff go back
J and re-evaluate which staff needed cell phones. He noted that although the position
titles were different with the Community Redevelopment Agency, he noted the
administrative assistants at the City did not have cell phones
5
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26,2010
f? Chair Rodriguez also commented he had requested a breakdown of the Executive
Department's Budget. Ms. Harris explained it was more fully explained on page 14, the
Salary Schedule and related Personnel expenses. Ms. Harris explained staff was aware
all were required to make sacrifices to balance the budget, and staff voluntarily removed
their deferred compensation, which reduced their budget personnel costs. Additional
figures were also provided that included the reduction in deferred compensation and
excluded any car allowances. The Community Redevelopment Agency, through an
Interlocal Agreement with the City, used the same vendor for their benefits and paid the
same rates as the City. These benefits included medical, dental, vision, and life. The
employee benefits were paid for by the agency, and dependents were paid for by the
employee. The Assistant Director and Ms. Bright also agreed to forfeit their car
allowance in order to reduce the budget by 13%. Mr. Hay hoped the City would follow
suit. Chair Rodriguez noted the City was still in deliberations but relinquishing the
benefit was a good example.
The Finance Department budget was reduced by $22,000 or 12%. There was
discussion about membership dues. The Florida Government Finance Officers'
Association dues were for Ms. Harris and Ghishlane Villanueva. The Council of
Development Finance Association could be dropped. The Society for Human Resource
Management could be dropped due to entering into an Interlocal Agreement with the
City for those services. The Government Finance Officers' Association may be able to
be dropped. Ms. Harris would research if she needed to retain them for certification
C;
purposes. She may just have to pay more for testing. The contractual expenses
budget was reduced via the elimination of the ADP payroll services where the City
would perform payroll services. The expenses for the Department of Community Affairs
needed to be retained.
The Planning Department budaet was reviewed. Salaries for Ms. Brooks and Mr. Simon
were from this budget. The budget was reduced $33,000 or 13%. There was a question
regarding why they were adding membership fees for the MlS and Realtors
Association. Ms. Brooks explained they market some of their own properties, and it
helps them to have access to pricing information so they could develop their pro formas.
They do not act as a realtor. Mr. Simon is a realtor but he does not act as the realtor for
the agency. The car allowance was removed for both staff members. It was noted the
employees who use their vehicles for business purposes do receive a car allowance
commensurate to the federal mileage rates. It was noted Mr. Simon's reimbursements
for mileage varied between $75 and $100 per month.
Mr. Holzman expressed the presentation was lacking. He expressed adding where the
numbers come from on the information would have been beneficial. Ms. Harris agreed
10 to provide the estimate number in the details. It was also noted the Budget Hearing is
typically heard on August 16, 2010. Ms. Bright agreed the information needed to be
accurate but staff did not have adequate time because the WOrkShop was moved to July
26, 2010. Ms. Bright commented they provide their books to an auditor, who knows
where the money is going every day.
6
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
The Marketing Department budaet was reduced by $20,283 or by 12%. A request was
made to break down the individual items on the detail sheets for the Board. The
department consisted of one full-time and a half-time position. Mr. Holzman inquired
about the Marketing Director, Margee Walsh It was explained Ms. Walsh sends out the
press releases and Public Service Announcements. He inquired about Ambit Marketing,
the Community Redevelopment Agency's consultant Ms Walsh explained contingent
on the workload and deadlines, she receives assistance from the consultants on special
projects. The fees to pay for the service were contained under Professional Services.
Ms. Harris explained she keeps the department budgets clean in terms of overhead.
The budgeted amount encompassed all the services contained in the scope of services
and there was no limit to what Ambit would issue. The contract amount next year was
for $30,000, primarily for website services since social media was widely-used The
funding would pay for the completion of the third year of the contract. Staff tries to do as
much in-house as possible and only used Ambit for special occasions Ms. Bright
agreed to provide a breakdown of what they provided and email it to Mr. Holzman. They
also had media contracts that Ms Walsh did not have access to. The subscription
expenses were discussed. It was thought many items were online in the newspaper,
but not all of them were and hard copies were needed. Ms. Bright explained last year
they used their copier in-house for flyers as opposed to paying a printer since it was
much better and cost effective
The Special Events budaet was reduced by almost $5,000 or 4%, The reason for the
smaller reduction in this department, compared to the others, was because of
contractual services. Ms. Biscuiti needed labor for the events, such as an electrician for
the holiday events, or set-up and break-down for events. Staff tries to allocate funds by
department which would provide a more accurate depiction of what the departments
"cost" Chair Rodriguez did not know if "Contractual Services" was the correct
description for set-up services; it could be event support. Ms Harris explained they
i,}- were following the general ledger. but they would call it as it was in the Budget Book.
The Insurance budaet was reduced $15,090 or 15% due to savings on their property
and liability coverage. Last year, the insurance company sent an individual to review the
properties to determine if they were insured at the correct rate. As a result of that
assessment, the rates dropped. She explained they would have a more accurate
number in September and they worked with Chuck Magazine, Risk Management
Director. They issued an RFQ for Brokerage Services three years ago and they chose
a broker from the RFQ, the Preferred Government Insurance Trust, who writes their
coverage. Workers Compensation was excluded from the coverage because their
premium was not high enough. Special Events were covered under a different provider
as was the marina. All else was covered under Preferred Government Insurance Trust.
The Public Officials Liability and Employment Practices liability item was the Director's
Insurance. The Employment Practices Liability item covered occurrences. such as if a
new employee was not enrolled in time for their benefits to commence. That type of
7
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL Jury 26,2010
lapse would be covered under that policy. Ms. Harris believed the $8,200 was a
savings but would verify it.
The Professional Services Budaet was reduced $130,000 or 35%. The line item was for
consultants who assisted staff in assessing new economic development programs,
applications for commercial rent subsidies, and other programs. Of the $25,000
budgeted, the Community Redevelopment Agency used $14,000. If the Board retained
new economic development programs, staff would need those funds for next year's
budget. Chair ROdriguez inquired about the connection between the name of the line
( 3 item and the economic development programs. Ms. Harris responded she could
rename it. Examples of programs the item was for were the Commercial Rent
Subsidies, the Commercial Interior Build-outs, and the administration and evaluation of
Small Business Administration loans. Ms. Brooks explained someone worked with them
to perform the financial analysis. Administration of that program was labor intensive and
this way, staff could submit the information and receive the data back within three or
four days. The contracted amount was $6,400 assuming they received a certain amount
of submissions. It was a retainer against the analysis.
l'f Mr. Hay inquired if the City would receive $11,000 for the Interlocal Agreement. Ms.
Harris confirmed they would and the funds were for the next fiscal year.
The Buildinas and Grounds budaet was reduced by $60,650 or 13%. The funds would
pay for storage facilities for archived files that were currently in the Magnuson House.
Staff would have to remove them and that was why there was an increase in the
storage amount. It was noted there would be a lot of special events, tents and holiday
equipment stored there. There was discussion the Holiday House was much bigger
than the current office space and whether that location could house the materials. Ms.
Bright explained they could try to do so. The design was not yet finished, but it was
proposed to have an art gallery. The Community Redevelopment Agency needed 2,500
square feet. Ms. Bright agreed to research the square-foot costs for industrial space
/' which may be significantly less than Federal Highway and she agreed to provide the
5 calculations at the next budget meeting. A decision could then be made about whether
the Board wanted artist space at the Holiday House. Ms. Brooks noted it was the
architect's assumption, based on the 211 Ocean concept for Magnuson House to have
the art gallery.
Chair Rodriguez noted there was a letter from St. John Missionary Baptist Church
thanking staff for letting them use umbrellas and port-o-Iets. Ms. Bright explained the
Church borrowed the Community Redevelopment Agency tent, which was 10'x10'.
Staff paid for them from the Heart of Boynton funds and Ms. Bright took responsibility
for not notifying the Board about it.
Ms. Biscuiti clarified the City put up a 20'x30' tent from Recreation and Parks for the
event, with the understanding the Community Redevelopment Agency would pay for the
8
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
port-o-Iets. The contact person fO! the Community Redevelopment Agency tent was
April Majoy
The Marina budget remained the same. Ms. Harris explained they did not anticipate
any changes
The Information and Technology budget reflected a reduction of $2,600 or 4%. It was
noted this was separate from the amount for the website. Ms. Harris clarified the bulk of
the funds was to pay the City for ITS services. The funds included mapping, software,
telephone, data-lines, T1 lines and equipment costs. The $2,600 in savings was
realized from a more efficient vendor they were using for the T1 lines because they had
to connect to City Hall.
The Contingency Account budaet was reduced by $75,000 or 75% Ms. Harris
explained in order to balance the budget, they needed to have some funds available for
unexpected occurrences and there was some discussion that monies saved from other
department budgets could be put into the contingency funds. Ms. Harris reiterated their
budget was based on the millage which was fixed at this time. If the millage shifted
higher, they would receive a benefit, but they would not know what it was until the final
budget meetings from the City and County. Ms. Harris explained last fiscal year, staff
did not spend any funds and the monies went into the "roll-over fund" and would be
used for larger construction projects An example of what the Contingency Account was
used for was two years ago there was a sewer problem at the marina, which they used
the funds for the repairs. If the funds are not used, they return to the Board for
allocation. Chair Rodriguez felt a tight budget did not require contingencies because all
scenarios were covered based on historical data and information in each department.
He was not in favor of increasing the contingency fund and felt the funds should go
towards redevelopment Mr. Orlove felt $25,000 was not sufficient and there should be
i \v a little bit more in that account. He expressed in a budget, not every situation could be
accounted for and unexpected events occur. Ms. Harris explained the requirements for
the roll-over funds which were any funds remaining at the end of the fiscal year and
after the audit, must be allocated for redevelopment projects, debt service I or real estate
projects planned to be completed within three years. The funds could not be put into
the general fund.
The Salary Schedule and Related Personnel Expenses budQet was reviewed earlier In
the meeting.
The Proiect Fund - BudQet Summary was reduced $189,209 or 56%. There was brief
discussion of whether staff went to RFP for the REG design drawings. Staff explained
the firm was under a continuing contract they issued an RFQ for. The firm was vetted
through the City. At the last meeting, there had been discussion of allocating $52,000
for the Old High School for a four-month period. It was noted those funds were
projected to be extended into the fiscal year.
9
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
The Capital Outlav budaet was reduced by $434,629 or 16%. The final number would
be more accurate. The roll-over funds would be less because staff would have
expended monies on projects this year. The dollars had to be accounted for in the
budget in order to be spent, but they did not have to be allocated in the next budget.
The Affordable Housina budaet was reduced by $539,433 or 52%. There was
discussion about the Ocean Breeze Project allocation of $100,000. The monies would
be used to construct a model home on site and the RFP was for the site development.
Ms. Brooks explained the RFP issued was for installation of the infrastructure and
utilities so the lots could be sold. The Community Redevelopment Agency would be the
developer and the Board would select a general contractor which would avoid the 20%
developer's fee, thereby keeping the units affordable. Ms. Brooks recommended
constructing a model home because the monies would be recaptured once the unit was
sold. Three models were planned which would be marketed and then brought to the
RFP process. Buyers would have to be qualified under the Neighborhood Stabilization
Program. Once a few lots were sold, they would go out for bid for those models. The
homes would be about 1,600 square feet. There were 21 home sites available and the
lots were cleared. Staff would need to plan a street grid, plat it and prepare it for site
development. Staff advised they had a pre-bid meeting and there were eight bidders.
Chair Rodriguez felt the Board should have been apprised of the plans for the
infrastructure when they issued the RFP. Ms. Brooks explained they would have to
issue an RFP to retain the best group to market the project which would not be done in
house as they were intensive. Chair Rodriguez preferred to see the vision for the area.
Ms. Bright explained that was part of the issue with City staff and their reluctance to
release the funds. The agreement clearly stated site development. Normally, a
developer received a flat fee per buyer, but staff would negotiate that amount and bring
it to the Board. The process was performance based and the Neighborhood
Stabilization program was a reimbursable grant. Once they provided the documentation
to the City, they would receive the funds.
The Economic Develooment Proarams were reduced by $277,261 or 40%. The Direct
Incentives were Tax Increment Finance funds. Incentives for the Preserve in the amount
of $56,000 were allocated but were not drawn down because the developer did not
construct the required number of units. They did add eight more units and Ms. Brooks
pointed out under the agreement, the developer had 10 years to draw down the funds.
If they drew the funds when the units were half constructed, they would receive less
money.
The Promenade was also discussed. There were certain contract obligations they had
to fill and a report from a Certified Public Account had to be provided indicating they
fulfilled those obligations. Then after the Board approved the report as accurate, based
on the contract, the funds could be requested. Some of those requirements were public
parking, affordable commercial rents and other items.
10
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
The Wal-Mart incentive would commence next year. The developer anticipated
beginning construction in early 2011 and the project would be on the tax roles the next
fiscal year The two components involved in the project were the Tax Increment
Financing Agreement and the Brownfield designation. The project also qualified with the
State for the designation and the State was budgeting for it in the 2011/2012 fiscal year
which was when the funds from the Community Redevelopment Agency would be
released. This was because the State funds required a match from the Community
Redevelopment Agency.
There was discussion of Molly's Trolleys. Vice Chair Ross noted the operators were not
present. Ms. Bright confirmed the owners were aware of the financial situation. Staff
typically performed a route and ghost ridership analysis. She explained staff could
evaluate the service, but with the budget cuts, staff felt the monies should be used for
pure redevelopment. Chair Rodriguez also noted the trolley took the riders out of the
district. Ms. Bright noted the trolley service was a project initiated from the prior director
It would be a future endeavor in the Traffic Concurrency Exception Area. Overall, the
trolley did not provide a significant return on investment.
The Proiects and ProQrams budQet was reduced by $42,324 or 6%. Ms. Harris pointed
out they were able to balance the Special Events and Police Program budgets
maintaining all the police in the program. The Special Events budget was reduced by
$76,000 or 26%, but the number of programs and the quality of them would remain.
There was discussion the fireworks budget increased. Ms. Biscuiti explained the
increase was due to their contract with the barge, which increased $500 each year. As
to the fireworks, staff had issued an RFQ in 2006 with the City for fireworks and they
had a five-year contract. The barge was a separate contract. Ms. Biscuiti explained
she reduced her budget. She felt developing the Ocean Avenue Concert Series and the
Movies on the Ave gave residents a lot of options. The Community Redevelopment
Agency traditionally presented big name acts. By slightly reducing the funding, they
could still retain popular artists while saving a lot of money. The events were still a big
draw.
Chair Rodriguez explained he received a lot of input about having a local talent night
and having an event downtown. He noted each band had a following and it could be a
big draw to the area. They could also hold the event at the amphitheater.
Mr. Hay discussed the parade budget reduction of $10,000. Ms. ~iscuiti explained they
were cutting corners wherever they could. They would not hold big hospitality events.
The parades were exciting because of the band, but some of the groups were paid.
The high school band was paid $400 and the Director was paid $100.
The Heritage Fest and Family Day events were $20,000 combined. Ms. Bright
explained they had several public requests for those events in the past and staff wanted
to fund the activities the Board consistently supported. Staff also thought the residents
11
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
of Boynton Beach would enjoy the Palm Beach Jewish Film Festival, because Palm
Beach County has a large Jewish population.
The Board had funded the Sims Family Day $5,000 and Ms. Biscuiti expressed her
belief the organization spent more than that. It was the same for the Heritage Fest.
Those organizations submitted the bills to the Agency and the staff paid them up to a
certain amount. Mr. Hay explained the total budget for the two events was $49,800 and
fundraising was occurring. Chair Rodriguez explained it was important to remember that
funding the events was an effort handled by both the Board and the organization. It was
noted the Board did not fund the Intergenerational Event. The Chamber of Commerce
events that would not be funded were the Annual Dinner Dance and one other event.
Ms. Harris explained the budget was balanced with the Police staff included, but next
year it would increase. They were aware they were under budgeted on overtime and on
the payout of leave time which had not been anticipated.
The proposed upcoming events for the current year were reviewed, as was the Debt
Service Fund - Budget Summary. The Debt Service Requirements, Principal and
Interest budget was reviewed. The budget reflected the timeline for the debt service
and when the payments would drop off. There were no comments made on those
items.
The Communitv ReQuested Proiects were reviewed. The Heart of Boynton Community
Association had a $30,000 request. Of that, $15,000 was already put into the SpeCial
Events Heritage Fest 2011 event, so the request was really $15,000. Based on past
practices, they took the funds and included them in the Special Events budget. Ms.
Harris explained other than the $15,000, none of the other activities were included in the
budget for the upcoming fiscal year.
Ms. Bright explained they typically funded the Heritage Fest. If the Board wanted to
keep the $15,000 in the budget for the Heritage Fest and they decided to fund the
Intergenerational Gathering, they would need another $15,000. The Florida Fishing
Academy was an additional request.
/1
Chair Rodriguez suggested focusing all their resources on a specific area to get
something done. He explained the events were nice, but they needed to eliminate blight
and slum. Times were tough and some activities may need to be furloughed for a year
or two. Mr. Holzman inquired about the Community Caring Center of Boynton Beach,
Inc. and commented they were recently funded. Ms. Bright suggested leaving the items
until the final budget. Mr. Orlove explained it would be helpful to look at all the activities
in terms of the overall budget and what percentage they were requesting from the
Community Redevelopment Agency. Staff should provide the details to them prior to
the final budget. He commented the activities were not redevelopment, but they
assisted the mission of the Community Redevelopment Agency. He was unsure of the
level of funding, but recognized the events had a benefit. The Board, also, did not have
12
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26,2010
to fund the entire amount. Having all the background information ahead of time would
help the members make informed decisions.
Vice Chair Ross inquired how other municipalities were handling the requests. It was
noted Delray Beach focused their efforts on arts and culture. They supported the Spady
Museum and the Heritage program. Ms. Bright explained if the City went to a 7.2
millage rate, there could be another $200,000, but it was reiterated the millage was not
factored into the budget.
Chair Rodriguez inquired where the building dollars were. He explained the Red Light
Camera Funds could be held for a new City Hall. He preferred to see monies dedicated
to the different areas and projects. He commented his personal goal was to have a City
Hall groundbreaking in 2010/2011. He inquired where those dollars were in the budget.
Ms. Bright explained funds were allocated for Holiday House. and the Community
Fa~ade grants. It was known Mr. D'Almeida owned the whole strip of property by the
tracks on the south side. He owned the property where the Green Market Cafe and
other establishments were. With the exception of the $15,000 for the Heritage Fest, the
money was not in the budget. He inquired if there was any opportunity to find any
money for a new City Hall. Ms. Brooks explained State Statute did not allow a
Community Redevelopment Agency to pay for city buildings. Attorney Cherof confirmed
that the Statute prevented the expenditure of funds for any municipal building.
Mr. Orlove left the dais at 8:44 p.m.
Ms. Harris explained when the community approached them with a request, staff had an
obligation to advise the Board of the request. Mr. Holzman inquired if the money was
not in the budget and the Board decided to put all the activities back in, if there was
money in the budget to cover the expenses.
Mr. Orlove returned to the dais at 8:45 p.m.
Ms. Bright explained if the City amended its Interlocal Agreement for 4th Street, they
could do so. The City had already paid for the improvements and the Community
Redevelopment Agency could pay back the funds incrementally. The monies would be
paid back next year atter they received the Tax Increment Financing Funds.
Chair Rodriguez felt the public should be givt-'n an opportunity to speak and he opened
the floor for comments.
Jerry Taylor, 1086 SW 22nd Avenue, expressed the Community Redevelopment
Agency could not give money for a municipal building. Anything the City could do with
its own funds, Community Redevelopment Agency's were prohibited from contributing
to, such as a City Hall and Police Station. He commented the Old High School
13
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26. 2010
Consultant fee of $52,000 could not legally be paid for with Community Redevelopment
Agency funds because it is a municipal building.
Gertrude Sullivan, 201 NE 6th Avenue, explained she sent a letter asking for $30,000.
She had developed the budget and they still had to come up with other money. If they
had to make cuts they would, but they definitely needed the $30,000. She inquired
about MLK Boulevard. Chair Rodriguez commented he had mentioned development
along MLK. She explained the Board was discussing building homes, but no one was
working. She requested businesses be established so people could work. She
requested they listen to the community's needs.
Willie Aiken, 728 NE 1 st Street, reiterated the three events they were seeking funding
for had a budget of $48,000 and they were raising funds for the different events. They
had received $15,000 but costs increase. The City did not have stages they could use
and they had to pay for them. He asserted the events were worthwhile. They provided
for different activities and they put hope back in the community. The represented all the
residents in the area and inquired why they could not have the events. They had a new
budget out.
Brian Edwards, 629 NE 9th Avenue, commended the staff and Board on a balanced
budget. He liked the speed of the development but the problem was all the work that
had been put into the planning of the economic development of the downtown. He
commented they have a downtown master plan, and the involvement of the City staff,
the Community Redevelopment Agency and the Chamber of Commerce should be
slowed down. An independent Board was coming in behind this Board and they would
be a big part of what happened downtown. He commented there were other entities
they should consider. He recommended as they moved forward with the budget that
they bear in mind that other people would be involved and they would have the input
from the community as they reviewed the master plan, and the Community
Redevelopment Agency's economic development plan. The master plan was approved
in approximately January 2009.
Doris Jackson, 531 NW Avenue, spoke about the Heritage Fest and Intergenerational
Gathering. The community liked these events to keep people informed, interested and
their hope alive. They were promised the area would be redeveloped for some time.
The community played a part in putting it together and now they were waiting for it to
come to pass. Wilson Pool and Sara Sims came to fruition, and the community was
waiting for Ocean Breeze. They wanted someone to construct homes and hoped the
Board would provide the money they needed for their events. They held fundraisers,
hoped to get more people involved and hoped their dreams would not be shattered.
Sherrie Johnson, Community Caring Center, attended a meeting in the Heart of
Boynton and they discussed excessive parking on the streets. Most individuals had a
one-car driveway and there seemed to be a lot of parking issues. When she was with
14
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
Delray Beach Community Redevelopment Agency, they looked at vacant lots in
neighborhoods with parking problems. Currently, the Police Department was ticketing
vehicles. One project Delray Beach undertook was to map out where the excessive
parking was occurring and if the Community Redevelopment Agency owned a lot or two
adjacent to those areas, they could have pocket parking. Regarding the working
incubator they proposed, their program was a unique concept extending much farther
than the incubator classes currently offered. It came with a micro-enterprise loan
program which was a matching fund program that could be matched to Community
Redevelopment Agency funds for build outs. It was a partnership with the City and the
Community Redevelopment Agency which would reduce vacancy rates and help create
jobs. She hoped the Board would consider funding their project
Mark Karageorge, 240A Main Boulevard, commented he did not see a line tor
sponsorships. He suggested if sponsors underwrite the events, there would be no cost.
He commended Ms. Biscuiti and staff on doing so In the past. It the events were
sponsored, then those dollars could be reallocated to other items such as
redevelopment and the business incubator. He expressed he was a proponent of
economic development and if they could save on the events and reallocate the funds to
development, it would be a win-win situation
4. Review of General Fund, Project Fund, Debt Service
Ms. Bright explained staff had been given enough direction and the Board would review
the budget again in August.
Attorney Cherat explained the Community Redevelopment Agency was a Florida
Special District. Ordinarily, the budgets of the City's SpeCial Districts are within the
boundary of the City and they are a subcomponent of the City Budget. The Community
Redevelopment Act contained a specific provision which the City Commission had
followed in the past, which allowed the Community Redevelopment Agency budget to
be budgeted separately. There had always been concurrence with it in past years and it
had not come up as an issue as of late. With a new Community Redevelopment
Agency Board coming in during August, the budget was almost finalized but the
formality of adopting it could still be reserved by the City Commission if they would like
to do so. It was a control during the transition period. Then the Community
Redevelopment Agency budget would be approved in conjunction with the City
Commission's. Regarding the timing, the budget could be done at the same time. If the
City Commission adopted the budget, any amendments to it would require approval by
the City Commission. Ms. Harris pointed out it was still subject to the County millage
rates.
15
Meeting Minutes
Special Community Redevelopment Agency Board Budget Workshop
Boynton Beach, FL July 26, 2010
5. Adjournment
There being no further business to discuss, the meeting was properly adjourned at 9:02
p.m.
~~,(U)Lt '..L'~ l! IlLvLLl.-
Catherine Cherry f
Recording Secretary
080310
16
IIIIIi East Side-West Slde~,sleaslde R~
Boynton Beach CRA
FY 201 O~2011 Proposed Budget
Table of Contents
Pages
Budget Overview
General Fund
1 . 14
Project Fund
15 . 20a
Debt Service Fund
21 . 23
Community Requested Projects
24
As of: 9/2/10
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BOYNTON BEACH CRA
BUDGET SUMMARY
9/1/2010
Assessed Valuations
Millaae Rates
City 6 763 6763
County 4.344 4750
I Revenues
Projected TIF (Current Development) $ 6,993,122 $ 5,675,820
TIF True Up @ 3.0% (174,828) (170.275)
Total TIF Revenue $ 6,818.294 $ 5.505,545
Marina Revenues 926.700 926,700
Sub-Total 7,744.994 6,432,245
Other Fundina Sources
Fund Balance Allocation $ 500.000 $ 436,680
Encumbered Bond #2 Proceeds 239,628 300,000
Grant Revenue - NSP Funds from City 400,000
Grant Revenue - HUD for Children's Museum Windows 294.000
Budget Amendment - Marina Construction 404,649
Rollover - FY 2008-2009 490,000 490,000
Fund Balance Allocation - Remaining from 4th St 500.000 500,000
Rollover - FY 09/10 Budget Reallocations 230,240
Encumbered Funds - HOB Project 867,629 281.660
Budget Amendment - Seacrest DeSign 187,211
Project Fund Rollover - RIPS 99,805
Proceeds from Sale of Property - Oceanbreeze lots 600.000
EncumberedProject Fund - CRAllS Transfer 100,000
Total Other Funding Sources 3,988.922 2,932,580
Total Revenues and Funding Sources $ 11,733,916 $ 9,364,825
less: ODeratina EXDenses and Debt Service
Debt Service $ 3,119.526 2,650,907
CRA Fixed Operating Expenses 2,186,723 1,834,325
Marina Operating Expenses 926,700 926,700
Sub-Total Operating Expenses 6,232,949 5.411,932
FUNDS AVAILABLE FOR PROJECTS/PROGRAMS $ 5,500,967 $ 3,952,893
I Project Expenses
FY 2009.2010 FY 2010/2011
Oriainal Budaet . FY 2009-2010 ApDroved Budaet ProDosed Budaet
Direct Incentive Fundina Aareement EXDenses:
- CornerstonefThe Preserve 1$ 50,000 I $ 56,000
- The Promenade I - I 159,779 I
4th Street 436 680
Police 396,325 430,000
NSP Fundino from City - Grant Exnense 400,000
Magnuson House - Commercial Use 349,375 349 375
HUD Grant for Children's Museum Windows - 294,000
HOB Proiect 867 629 281 660
Ruth Jones Cotlane 225 000 225,000
SDecial Events 294 000 218000
Marina Entrvwa\i SiOnaae 200,000 195 000
Children's Schoolhouse Museum Amnhitheater 200 000 185240
Construction Continoencv 145,000 145,000
Holidav House Renovations 120,625 120625
Grants-Commercial SubsidY, Interior Build Out, Sianaae 100,000 110000
Ocean Breeze West Proiect 100,000
Grants - Small Business-Commercial Facade 105 000 90 000
Design & Enoineerinn 100,000 81 .535
legal-Proiect Based 50 000 50,000
Site Work & Demolition 50,000 25,000
Marina RedesiCn/Construction 583 329
Trollev 438 040
Grants - RIP 99 805 -
Grants - HAP 239 628 -
American Realtv Contract Termination 600 000 -
CRAlLS Fundinn Not Transferred 100000
Seacrest Desion - Budnet Amendment 187.211
Total Project Expenses
I SURPLUS/DEFICIT
5,500,967
3,952,894
$
$
o
EXECUTIVE DEPARTMENT
Dept. 51230
---,---_..__.- -.-. ------ ^ , ----. .'"_n._'__""_
SUMMARY I
100 PERSONNEL SERVICES
115 AUTO ALLOWANCE I
225 CONFERENCES, MEETINGS & SEMINARS i
226 MEMBERSHIP DUES
227 DELIVERY SERVICES
229 CAREER DEVELOPMENT ,- !
310 OFFICE SUPPLIES ----<
315 ---* i
POSTAGE J
340 CELLULAR PHONE
355 SUBSCRIPTIONS __on
360 BOOK & PUBLICA nONS ----,
400 EQUIPMENT COSTS .
__...._n______.___...
~
$
s
s
.. ---.---.--------.--...
2009.20 'i 2009201(1 2010.20'1 Change Incr/(Decr)
Budget Estimate Budget Amount %
235 355 $ 235,105 $ )()7 557 (27798'
'J 400 ~ :J 400 S
.4 DOC 4.000 000 -
1)200 6,200 $ 21'5 )C!L:
3 DOC 3 000 $ 000
1 500 1 ^500 $ 500 S
6500 S 6^ 100 S i 000 (3,5[;C
000 1 ^945 $ j 000
200 1 200 720 'Mil
300 S. 300 40D
500 5 500 500 <
;000 S 1,000 $ 1.000 $ 0%
266.955 $ 266,250 $ 226,952 I $ (40,003) .15%1
i,
$
$
$
$
$
~.
DETAIL ------1 I RECOMMENDATION i
100 I PERSONNELSERWCES $ 235,355 $235,105 $ 207,557 Suspend Deferred Comp
Salaries. Executive Director $ 128125 $ 128,125 $ 128,125 $ (14,215) Exec, Dir
-----
Administrative Services Manager i. 50^000 S 50,000 $ 50^000 $ (5,443) Adm Mgr
._----
Benefits . Health 13.324 13,324 $ 13,824
Dental ----..--.,-.--.----.---.-.-- 5:
9~JL 720
Vision _ _'..m__,_.__.~________.._...m__
S 144 5- 96 96
Life & Long Term Disability _._~.__"_.___.~____M___'_""__
S 018 $ 1018 5- 16:;
Deferred Comp S ',9558 $ 19.558
FICA Taxes $ 14040 S 14040 :,62:'
Workers Comp, Unemploy., Comp Abs. (Moved to Insurance Budget) $ 8224 ~: 8.224 $
Suspend Car Allowance
-~ -, t:.: AUTO ALLOWANCE $ 5,400 $ 5,400 $ $ (5,400)
ii,
._.__..__._~._~
CONFERENCES, MEETINGS & SEMINARS $ 4,000 $ 4,000 $ 4,000
Regional. Local Meetings 4000 $ 4000 280
-.----,---.------.-
Mileage S liD
._._-~-------_...._.,
2')(: I MEMBERSHIP DUES $ 6,200 $ 6,200 $ 3,275
Urban Land Institute 5- 450 $ 450 5-
Business Development Board ._------_.~-_.- 1.000 S 000
1.000
Chamber of Commerce 1 000 1 000 000
Florida Redevelopment Association : ODe 000 COO
Council of Development Finance Associations 27':.; S ~~ 7 5
International Downtown Associations ' 35C :l50
International Council of Shopping Centers -.-..-----.-.---.-
International Economic Development Council i4:? ,'.1 ~
Commercial Real Estate Development Association ;'iOt
Society of Human Resource Management
I 22 DELIVERY SERVICES $ 3,000 $ 3,000 $ 2,000
I 22S I CAREER DEVELOPMENT $ 1,500 $ 1,500 $ 1,500
Council of Development Finance Assoc. 3-Yr Certification $ 1,500 $ 1,500 $ 1,500
31C OFFICE SUPPLIES $ 6,500 $ 6,100 $ 3,000
31~ POSTAGE $ 2,000 $ 1,945 $ 3,000
CELLULAR PHONES $ 1,200 $ 1,200 $ 720
35~ I SUBSCRIPTIONS $ 300 $ 300 $ 400
Florida Trend $ 200 $ 200 $ 200
South Florida Business Journal $ 100
Downtown Promotions S 100 $ '00 , 100
50! BOOK & PUBLICA TlONS $ 500 $ 500 $ 500
,1(:: EQUIPMENT COSTS $ 1,000 $ 1,000 $ 1,000
Gener al f unci
I
Dept. 51325
FINANCE
I ~.
2009-2010 2009-2010 2010-2011 I Change Incr/(Decr}
SUMMARY Budget Estimate Budget Amount %
100 PERSONNEL SERVICES $ 177,128 $ 176,878 $ 155,781 $ (21,347) -12%
200 CONTRACTUAL EXPENSES $ 2,825 $ 2,825 $ 175 $ (2,650) -94%
201 BANK FEES $ 3,200 $ 3,000 $ 2,750 $ (450) -14%
225 CONFERENCES, MEETINGS & SEMINARS $ 2,250 $ 2,250 $ 2,250 $ - 0%
226 MEMBERSHIP DUES $ 895 $ 620 $ 620 $ (275) -31%
227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ - 0%
229 CAREER DEVELOPMENT $ 3,000 $ 2,700 $ 3,000 $ - 0%
310 OFFICE SUPPLIES $ 2,000 $ 2,000 $ 2,000 $ - 0%
340 CELLULAR PHONE $ 1 ,440 $ 1,440 $ - $ (1,440) -100%
355 SUBSCRIPTIONS $ 1,000 $ 1,000 $ 1,100 $ 100 10%
360 BOOK & PUBLICATIONS $ 500 $ 500 $ 500 $ - 0%
365 OFFICE PRINTING COSTS $ 400 $ 400 $ 300 $ (100\ -25%
$ 195,138 $ 194,113 $ 168,976 I $ 126,162\ -13%1
I
Dept. 51440
PLANNING
__.,_________.-.1
,
2009.2010 2009-2010 2010.2011 I
I
Change Incr/(Decr)
---,-----~
SUMMARY Budget Estimate Budget Amount %
100 PERSONNEL SERVICES $ 242.641 $ 242,391 $ 214 134 $ (28,50n .'2%
115 AUTO ALLOWANCE $ 5,400 $ 5,400 $ 1 (5.400) 100%
225 CONFERENCES, MEETINGS & SEMINARS S 11.000 $ 5,250 $ 9.350 S (1.6501 .15%
226 MEMBERSHIP DUES ~' 475 $ 810 $ 810 $ 1 335 2Woh
227 DELIVERY SERVICES =-.- ~ 600 $ 300 S 300 !: (300) .500/"
229 CAREER DEVELOPMENT 2000 $ 2,000 $ 2,000 S 0%,
310 OFFICE SUPPLIES '$ 2000 $ 2.000 $ 2.000 ~ O()/~i
340 CELLULAR PHONE -~ ~ 1620 S 1,620 $ 440 $. i 180, 1 ole
360 BOOK & PUBLICATIONS 300 S 300 $ 300 S 00/,
365 OFFICE PRINTING COSTS ]$ 1,000 $ 1,500 $ 1,500 $ 500 50%
--. $ 261;571 $ 232,834 T $ (34,202) -13%1
$ 267036
DETAIL l I RECOMMENDATION I
100 I PERSONNELSERWCES $ 242,641 $ 242,391 $ 214,134 Suspend Deferred Comp
Salaries - Assistant Director ;;; 105,581 $ 105,581 $ 105,581 $ (11,546) Asst. Dir
Development Director "- 78,624 '" 78.624 $ 78.624 $ (8,662) Dev Dir
,
Benefits - Health ~ 3.324 c 13,324 $ 13.824
"'
Dental $ 922 720 $ 120
.,.---.--- r
Vision S 44 ~. 96 , DC
w
Life & Long Term Disability -~--_._--
, 109 S " ,109 $
Deferred Comp S 20.208 5:. 20,208 $
FICA Taxes 50 '4.505 $ 14.505 $ 14092
Workers Comp, Unemploy., Comp Abs. (Moved to Insurance Budget) S 8224 $ 8,224 $.
Suspend Car Allowance
115 AUTO ALLOWANCE $ 5,400 $ 5,400 $ 5; (5,400)
225 CONFERENCES, MEETINGS & SEMINARS $ 11,000 $ 5,250 $ 9,350
Planning & Community Workshops $ 5.000 $ 1.250 $ 4000
Economic Development Meetings $ 3.000 S 1,000 $ 000
Regional-Local Meetings $ ! .680 $ 1.680 $ 650
Mileage $ 320 $ 1.320 S 2.700
226 I MEMBERSHIP DUES $ 475 $ 810 $ 1,810
American Planning Association ~. 475 ~ 810 $ 810
Multiple Listing Service & Realtors Association $ S ~ 000
,
2~- DELIVERY SERVICES $ 600 $ 300 $ 300
,-I
CAREER DEVELOPMENT $ 2,000 $ 2.000 $ 2,000
American Planning Association Cont. Prof. Ed. $ 1,000 $ 1,000 $ 1,000
Florida Redevelopment Association Certification $ 1,000 $ 1,000 $ 1,000
OFFICE SUPPLIES $ 2,000 $ 2,000 $ 2,000
34( CELLULAR PHONES $ 1,620 $ 1,620 $ 1,440
36C BOOK & PUBLICA TIONS $ 300 $ 300 $ 300
3(;' OFFICE PRINTING COSTS $ 1,000 $ 1,500 $ 1,500
Page 5
General I UriC
I MARKETING & BUSINESS DEVELOPMENT
Dept. 57400
..
2009-2010 2009-2010 2010-2011
Change Incr/(Decr)
SUMMARY Budget Estimate Budget Amount %
100 PERSONNEL SERVICES $ 120,854 $ 120,854 $ 105,689 (15,165) -13%
216 ADVERTISING & PUBLIC NOTICES $ 3,000 $ 4,700 $ 4,000 1,000 33%
218 ANNUAL REPORTS & BROCHURES $ 10,000 $ 8,500 $ 7,000 (3,000) -30%
225 CONFERENCES, MEETINGS & SEMINARS $ 1,500 $ 2,500 $ 1,500 - 0%
226 MEMBERSHIP DUES $ 900 $ 900 $ 900 - 0%
227 DELIVERY SERVICES $ 3,000 $ 3,000 $ 3,000 - 0%
229 CAREER DEVELOPMENT $ 3,000 $ 1,600 $ 3,000 - 0%
236 PHOTOGRAPHY & VIDEOS $ 20,000 $ 16,000 $ 15,000 (5,000) -25%
310 OFFICE SUPPLIES $ 5,000 $ 4,000 $ 5,000 - 0%
340 CELLULAR PHONE $ 1,260 $ 1,260 $ 1,260 - 0%
355 SUBSCRIPTIONS $ 550 $ 550 $ 550 - 0%
360 BOOK & PUBLICATIONS $ 100 $ 100 $ 100 - 0%
365 OFFICE PRINTING COSTS $ 5,000 $ 3,500 $ 5,000 - 0%
$ 174,164 $ 167,464 $ 151,999 I $ (22,1651 -13%1
Page 6
I
Dept. 57500
SPECIAL EVENTS
,
2009-2010 2009-2010 2010-20'\1
SUMMARY ~ Budget Estimate Budget Amount %
100 PERSONNEL SERVICES $ 116.850 $ 116,850 $ 102 044 (14,806) . 13~/~,
200 EVENT SUPPORT $ $ $ 10.000 10,000
225 CONFERENCES, MEETINGS & SEMINARS $ 1,500 $ 2.000 $ 2.000 500 3:~0<
226 MEMBERSHIP DUES $ 400 S 400 $ 400
,-,-
229 CAREER DEVELOPMENT S 2,000 S 2,000 S 2.000
310 OFFICE SUPPLIES $ 2,500 $ 2,500 S 2000 (500, 20C,l,
340 CELLULAR PHONE S 1,680 $ 1,680 S 1 680
355 SUBSCRIPTIONS " 250 $ 250 $ ~)r::.,ri
'" d..,,-,,L
360 BOOK & PUBLICATIONS S 200 S 200 $ 200 OC'
,/(1
400 EQUIPMENT $ 2,500 $ 2,200 $ 1,250 (1,250) -50%
....._~- $ 121,824 I $ /6,056\ -5%1
127,880 $ 128,080 $
Change Incr/(Decr'
DETAIL RECOMMENDATION
100 PERSONNEL SERVICES $ 116,850 $ 116,850 $ 102,044 Suspend Deferred Comp
Salaries - Events Director $ 64,022 $ 64.022 $ 64.022 $ (7,100) Sp. Evts Oil'
Marketing & Events Assistant (50%) $ 20,000 " 20,000 $ 20.000 $ (2,390) MkUEv Asst
~
Benefits - Health $ 9.869 9,869 $ '0.368
Dental ( 692 ~, 692' $ ~)4C
Vision ~_._,-----'- $
iOb ::t 108
Life & Long Term Disability $ 57~ 575 $ "
,
Deferred Comp $, 9.490 S 9.490 $
FICA Taxes $ 6427 S. 6.427 S f 427
Workers Comp, Unemploy., Comp Abs. (Moved to Insurance Budget) S ~) 66f ' C6f S
200 EVENT SUPPOR7 $ $ $ 10,000
225 I CONFERENCES, MEETINGS & SEMINARS $ 1,500 $ 2,000 $ 2,000
Regional-Local Meetings $ 1.000 $ 1,000 $ 1.000
Mileage $ 500 <:: 1.000 $ " .000
226 I MEMBERSHIP DUES $ 400 $ 400 $ 400
FFEA $ 325 $ 325 $ 325
Gold Coast PR Council S 7'-) ~ 75 $ 7e,
229 I CAREER DEVELOPMENT $ 2,000 $ 2,000 $ 2,000
Web Master Training/Certification $ 1,600 $ 1,600 $ 1,600
FL Festivals & Events Training 5: 400 $ 400 $ 400
3iC OFFICE SUPPLIES $ 2,500 $ 2,500 $ 2,000
34C CELLULAR PHONES $ 1,680 $ 1,680 $ 1,680
355 SUBSCRIPTIONS $ 250 $ 250 $ 250
360 BOOK & PUBLICA TIONS $ 200 $ 200 $ 200
40C EQUIPMENT $ 2,500 $ 2,200 $ 1,250
--------
Page 7
General Funa
I
Dept. 51410
INSURANCES
"
2009-2010 2009-2010 2010-2011 I Change Incr/(Decr) I
SUMMARY Budget Estimate Budget Amount %
200 CONTRACTUAL EXPENSES $ 28,650 $ 23,650 $ 23,650 (5,000) -17%
213 GENERAL PROPERTY COVERAGE $ 63,590 $ 54,000 $ 44,000 (19,590) -31%
214 EMPLOYEE FIDELITY COVERAGE $ 1,000 $ 1,000 $ 1,000 - 0%
215 OFFICIALS & EMPL Y. PRACTICES LIABILITY $ 8.510 $ 5,100 $ 6,500 (2,010) -24%
154 OTHER INSURANCES $ - $ - $ 8.500 8,500 0%
$ 101,750 $ 83,750 $ 83,650 I $ (18,100) -18%1
DETAIL
CONTRACTUAL EXPENSES $ 28,650 $ 23,650 $ 23,650
Agency Fee $ 12,000 $ 12,000 $ 12,000
Computers & Software Policy $ 1,500 $ 1,500 $ 1,500
Marina Fuel Tank Coverage $ 1,650 $ 1,650 $ 1,650
Special Events & Concerts Policy $ 3,500 $ 3,500 $ 3,500
Flood Insurance $ 10,000 $ 5,000 $ 5,000
213 I PROPERTY & LIABILITY COVERAGE $ 63,590 $ 54,000 $ 44,000
Policy for Property $ 44,590 $ 40,000 $ 35,000
Policy for General Liability $ 9,000 $ 9.000 $ 9,000
Marina Renovations $ 10,000 $ 5,000 $
214 I EMPLOYEE FIDELITY COVERAGE $ 1,000 $ 1,000 $ 1,000
Money & Security Insurance - Crime and
Computer Fraud
215 IpUBLlC OFFICIALS LIABILITY & $ 8,510 $ 5,100 $ 6,500
EMPLOYMENT PRACTICES LIABILITY
OTHER INSURANCES $ $ $ 8,500
154 IWorkers Comp Insurance $ $ $ 3,500
159 IUnemployment Taxes $ $ $ 5,000
Page 8
I
Dept. 51420
PROFESSIONAL SERVICES
2009-2010
..
2009-2010 2010-2011 I Change Incr/(Decl) J
SUMMARY Budget Estimate Budget Amount %
200 CONTRACTUAL SERVICES $ 261,000 $ 242,400 $ 160,000 (101,0001 39%
201 LEGAL SERVICES $ 100,000 $ 70,000 S 75.000 (25.000) 25%
204 OTHER PROFESSIONAL FEES $ 15,000 $ 10,000 $ 24,500 9,500 63%
$
376,000 $ 322,400 $ 259,500 I $
(116,500) -31%1
DETAIL
CONTRACTUAL EXPENSES $ 261,000 $ 242,400 $ 160,000
Audit Services $ 40,000 $ 30,000 S 30,000
Marina Audit & Fuel Collection Audit ~ 15,000 $ 15,000 S 5.000
Bond Indenture Compliance $ 20,000 $ 20,000 $ '5.000
Risk Assessment Standards/Financial Services ~ 30,000 $ 30,000 S 30,000
CRA Marketing & Website Services 60,000 $ 60,000 $ 30.000
Personnel Services & 15,000 $ 15,000 S 15,000
Economic Development Financial Assessment $ 10,000 $ 6,400 S 10,000
Grant Consultant 5" 15.000 S 15,000 $ '5,000
Property Owner Assistance for Brownfield Designation $ 20,000 $ 15,000 S
Federal Stimulus Lobbying 36,000 36,000 S
_.'----_..~,.._'_._."~-.-...,..,,..
201 LEGAL SERVICES $ 100,000 $ 70,000 $ 75,000
204 I OTHER PROFESS/ONAL FEES $ 15,000 $ 10,000 $ 24,500
Fire Inspections $ 500 $ 500 $ 500
City HR ILA. Annual Pooling Charge (Stop Loss) $ 5,000 $ 5.000 $ 5,000
City HR ILA - Benefits Admin. $ 3500 $ 3,500 $ 3,500
City HR ILA - Benefits Consulting Fee S 000 $ 1 000 $ 1,000
City HR ILA S' ~; $ '4,500
HR Consultant S :: 000 $ $
-------.
Page 9
General Fund
I
BUILDINGS & GROUNDS
Dept.51620
,.
2009-2010 2009-2010 2010-2011 I Change Incr/(Decr) I
SUMMARY Budget Estimate Budget Amount %
200 CONTRACTUAL EXPENSES $ 3,050 $ 3,050 $ 2,500 (550) -18%
201 PROPERTY TAXES & ASSOCIATION DUES $160,000 $135,000 $110,000 (50,000) -31%
205 RENTAL OF OFFICES $ 42,600 $ 48,800 $101,200 58,600 138%
208 EQUIPMENT LEASES $ 30,000 $ 30,000 $ 22,000 (8,000) -27%
209 PROPERTY MAINTENANCE COSTS $209,540 $209,540 $169,880 (39,660) -19%
224 SIGNAGE $ 10,000 $ 10,000 $ 7.500 (2,500) -25%
325 ELECTRIC COSTS $ 9,000 $ 9,000 $ 9,000 - 0%
326 WATER COSTS $ 6,000 $ 6,000 $ 6,000 - 0%
$470,190 $451,390 $428,080 I $ (42,110) -9%1
DETAIL
CONTRACTUAL EXPENSES $ 3,050 $ 3,050 $ 2,500
Alarms & Pest Control
201 PROPERTY TAXES & ASSOCIA TlON DUES $ 160,000 $ 135,000 $ 110,000
205 I RENTAL OF OFFICES $ 42,600 $ 48,800 $ 101,200
915 S. Federal Highway + 710 N. Federal Hwy $ 39,600 $ 41,700 $ 94.100
Storage Facilities $ 3,000 $ 7,100 $ 7,100
208 EQUIPMENT LEASES $ 30,000 $ 30,000 $ 22,000
209 I PROPERTY MAINTENANCE COSTS $ 209,540 $ 209,540 $ 169,880
General Repairs $ 15,000 $ 15,000 $ 15,000
Janitorial Services $ 7,560 $ 7,560 $ 10,000
Property Maintenance $ 39,980 $ 39,980 $ 42,880
Promenade - Hardscape Maintenance $ 50,000 $ 50,000 $ 30,000
Promenade - Softscape Maintenance $ 40,000 $ 40,000 $ 25,000
Jaycee Park. Mangrove Environmental Monitoring $ 2,000 $ 2,000 $ 2,000
Jaycee Park. Mangrove Maintenance $ 5,000 $ 5,000 $ 5,000
Hurricane/Property Contingency $ 50,000 $ 50,000 $ 25,000
Leasehold Improvements 710 N. Federal Highway $ $ $ 15,000
224 S/GNAGE $ 10,000 $ 10,000 $ 7,500
325 ELECTRICITY COSTS $ 9,000 $ 9,000 $ 9,000
326 WATER COSTS $ 6,000 $ 6,000 $ 6,000
Page 10
MARINA
--------J
I
Dept. 51630
2009-2010 2009-2010
"
2010-2011 I Change Incr/(Decr) I
--
SUMMARY Budget Estimate Budget Amount %
200 CONTRACTUAL EXPENSES $ 500 $ 500 $ 500 0%
209 PROPERTY MAINTENANCE COSTS $ 28,100 $ 69,941 $ 31 ,980 3,880 14%
241 MARINA MANAGEMENT CONTRACT $ 148,000 $ 148,000 S 148,000 Oo/c
242 FUEL STATION OVERHEAD $ 37,200 $ 37,200 $ 37.200 0%:.
325 ELECTRIC COSTS $ 17,100 $ 17,100 S 13.200 (3.900) -23%
326 WATER CHARGES $ 2,400 $ 2,400 S 400 (JG/c
327 GASOLINE & DEISEL CHARGES $ 680,400 $ 780,400 $ 680,420 20 0%
328 DIESEL SALES TAX $ 12,000 S 12,000 $ 2.000 00/[
400 EQUIPMENT COSTS $ 1,000 $ 1,000 $ 1,000 0%
$ 926,700 $1,068,541 $ 926,700 I $ - 0%1
DEl AIL 1
200 I CONTRACTUAL EXPENSES
Sea Spill Contract $ 500 $ 500 $ 500
209 I PROPERTY MAINTENANCE COSTS $ 28,100 $ 69,941 $ 31,980
Trash Removal & Janitorial Services $ 9.125 $ 9,125 $ 9.100
Marina Maintenance $ 18.975 $ 60,816 $ 22.880
-------"'---.
241 MARINA MANAGEMENT CONTRACT $ 148,000 $ 148,000 $ 148,000
242 OPERA TlONS $ 37,200 $ 37,200 $ 37.200
325 ELECTRICITY COSTS $ 17,100 $ 17,100 $ 13,200
326 WA TER CHARGES $ 2,400 $ 2,400 $ 2,400
327 GASOLINE & DEISEL CHARGES $ 680,400 $ 780,400 $ 680,420
328 DIESEL SALES TAX $ 12,000 $ 12,000 $ 12,000
400 EQUIPMENT COSTS $ 1,000 $ 1,000 $ 1,000
Page 11
General Fund
I INFORMATION TECHNOLOGY
Dept. 51650
I
2009-2010 2009-2010
,
2010-2011 I Change Incr/(Decr} I
SUMMARY Budget Estimate Budget Amount %
200 CONTRACTUAL EXPENSES $ 3,760 $ 3,760 $ 3,760 - 0%
210 CITY IT SUPPORT $ 21,000 $ 21,000 $ 21,000 - 0%
211 COMPUTER SOFTWARE & LICENSES $ 3,000 $ 3,000 $ 3,000 - N/A
212 FINANCIAL SOFTWARE MAINTENANCE $ 6,500 $ 6,500 $ 6,500 - 0%
330 TELEPHONE LINES $ 15,600 $ 15,600 $ 13,000 (2,600) -17%
400 EQUIPMENT COSTS $ 8,000 $ 8,000 $ 8,000 - 0%
$ 57,860 $ 57,860 $ 55,260 I $ (2,600) -4%1
DETAIL
CONTRACTUAL EXPENSES $ 3,760 $ 3,760 $ 3,760
Financial Accounting Software Updates $ 1,000 $ 1,000 $ 1,000
Maintenance of Phone System $ 2,760 $ 2,760 $ 2,760
210 IT SUPPORT $ 21,000 $ 21,000 $ 21,000
211 COMPUTER SOFTWARE & LICENSES $ 3,000 $ 3,000 $ 3,000
212 SOFTWARE SUPPORT $ 6,500 $ 6,500 $ 6,500
330 TELEPHONE SYSTEM & DA TA LINES $ 15,600 $ 15,600 $ 13,000
400 EQUIPMENT COSTS $ 8,000 $ 8,000 $ 8,000
Page 12
I CONTINGENCY ACCOUNT
Dept. 51990
c J 2009-20Hl
Budget
1"
2009-2010 2010-2011
Estimate Budget
Change Incr/(Decr} I
Amount %
(J(;{"lt:fdi Ui:
L 200 I CONTRACTUAL EXPENSES ~J I J
Contingencies $ 100,000 $ 100,000 $ 75,000 $ (25,000) -25%
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Boynton Beach eRA
p rolE!~t Fun d ..- ~_~~get_~~.1'11 r't1ii ry __._.....
~.
2009-2010 -T 2009-2010'~
_~udget __J Estimate i
239.628 239,628
I FUNDING SOURCES
Project Fund - Bond #2 Remaining Proceeds
Fund Balance - 4th Street per ILA
Grant Revenue - NSP Funds from City
Project Fund Rollover - HOB Project
Project Fund Rollover - RIPs
Proceeds from Sale of Oceanbreeze Lots
CRALLS Transfer from City for HAPs
Fund Balance Rollover - Project Fund
Budget Amendment Seacrest Design
Grant Revenue Children's Museum Windows
Budget Adjustment - Manna Construction Design
Rollover - FY 2008-2009 - For New Capital Projects
Fund Balance - Remaining 4th St.-For New Proj
Rollover - FY 09/10 Budget Realloc-For New Proj
Transfer from General Fund CRA Board 7/13/10
Sub-Total
867,629
99,80b
600,000
100,000
500,000
'; 87.::'1',
404.649
490,000
sOO,oon
585,969
99.805
500,000
'87 ;>1'
404,649
490.000
500.000
$
34,000
3,988,922 $ 3,041,262 $
Transfers In from General Fund
Other Financing SourcesfTransfers In
Total Revenues and Transfers In
$
$ 1,512,045 $ 1,512,045 $
5,500,967 $ 4,553,307 $
I EXPENSES
Department Name
Operating Expenses
Legal Services
Design & Engineenng
Sub-Total
-I
..-.J
l
2009-2010
Budget
$
50,000
287,211
337,211 $
Capital Outlay
Construction in Progress
Site Work & Demolition Fees
4th Street Project
HOB Project
Sub-Total
1823,329
50,000
-I 2009-2010 I
_1 Estimate
45,000
306,211
351,211 $
603,089
;)1.325
$
867,629 585,969
2,740,958 $ 1,220,383 $
Affordable Housing
RIP - Residential Improvement Program
HAP & Ocean Breeze & NSP Funding
Sub-Total
$
99,805
939,628
1,039,433 $
Economic Development Proarams
Commercial Facade Grants
Commercial Rent Subsidy, Intenor, Slgnage
Transportation Program
DIFA - Economic Development
Sub-Total
$
105,000
100,000
438,040
50,000
693,040 $
Proiects & Programs
Special Events
Community Police Program
Sub-Total
$
294,000
396,325
690,325 $
99,80~)
239,628
339,433 $
105,000
100,000
438,040
50,000
693,040 $
294,000
435,000
729,000 $
Total Project Fund Expenses
$
5,500,967 $ 3,333,067 $
Proposed vs. 2009-2010
Increase/( Decrease}
Amount
60.372
436,680
400.000
(585969)
(99805)
(600,000)
(100,000)
(500000)
1187,211
294,000
i 404,6491
2010-2011
Proposed
Bud et
300,000 'f
436,680 ~
400,000 ~,
281,66C
294,000
490,000
500,000
230,240
230,240
'00"/
H.)O~/(
68C/,
000/;
-iOO%
00%
'00%
. OOc!,
OO~/,
OOO!;
2,932,580 $ (1,056,342) 26%
00%
1,020,313 $ (491,732)
3,952,893 $ (1,548,074)
~
.33%
.28%
50.00C c
81,534 $
131,534 $
1514,240 S
25,000 '
436,680 $
281,660 $
2.257,580 $
500,000 $
500,000 $
90,000 $
i 10.000 $
$
215,779 $
415.779 $
218,000 S
430,000 $
648,000 $
(205,677)
(205,677)
(309,089)
(25,000)
436,680
(585,969)
(483,378)
s
(99,805)
(439.628)
(539,433)
(15,000)
10,000
(438,040)
165,779
(277,261)
(76,000)
33,675
(42,325)
3,952,893 $ (1,548,074)
72%
.61%
170/0
.50%
100%
-68%
18%
100%
-470h,
-52%
14%
iO%
100%
332%
40%
-26%
8%
-6%
-28%
Surplus/(Deficit) $ $ 1,220,240 $ 0
Note: Surplus in FY2009/2010 entirely attributable to encumbered/rollover funds for HOB Project,
Ruth Jones Cottage, Amphitheater, Ocean Ave/Marina entryway, Magnuson House and Holiday House
Page 1
PrOject Fund
OPERATING EXPENSES
o 58100
2009
,.,
00 2010 20102011 I Ch
1(0 ) I
ept. -2010 2 9- - ange ncr ecr
SUMMARY Budget Estimate Budget Amount %
213 I LEGAL SERVICES $ 50,000 $ 45,000 $ 50,000 - 0%
203 I PROFESSIONAL SERVICES $ 287,211 $ 306,211 $ 81,534 (205,677) -72%
$ 337,211 $ 351,211 $ 131,534 I $ (205,677) -61%1
DETAIL
LEGAL SERVICES $ 50,000 $ 45,000 $ 50,000
203 I PROFESSIONAL SERVICES $ 287,211 $ 306,211 $ 81,534
Old High School Consultant $ $ 52,000
Surveys & Appraisals $ 25,000 $ 25,000 $ 10,000
Architectural Design Assistance $ 50,000 $ 72,000 $ 19,534
Seacrest Design $ 187,211 $ 187,211 $
RIP Scope of Services $ 25,000 $ 22,000 $
Page 16
"
CAPITAL OUTLAY
o 58200
.
ept. 2009-2010 2009-2010 2010-2011 ange ncr el.
---
SUMMARY Budget Estimate Budget Amount %
404 CONSTRUCTION IN PROGRESS $ 1,823,329 $ 603,089 $ 1,514,240 (309,089) -17%
405 SITE WORK & DEMOLITION FEES $ 50,000 $ 31,325 $ 25,000 (25,000) -500;;)
406 INFRASTRUCTURE & STREETSCAPE $ 867,629 $ 585,969 $ 718,340 (149,289) -17%
$ 2,740,958 $ 1,220,383 $ 2,257,580 I $ (483,378) -18%1
I Ch
1(0
DETAIL
CONSTRUCTION IN PROGRESS $ 1,823,329 $ 603,089 $ 1,514,240
Marina Construction $ 178,680 $ 178,680 $
Marina - Construction Design MSCWNHB $ 404,649 $ 404,649 $
Ruth Jones Cottage Relocation $ 225,000 $ $ 225,000
Children's Schoolhouse Amphitheater $ 200,000 $ 14,760 $ 185,240
Ocean Avenue Marina Entryway Feature $ 200,000 $ 5,000 $ 195,000
Magnuson House - Commercial Use $ 349,375 $ $ 349,375
---.--"""
Holiday House Renovations $ 120,625 $ $ 120,625
-~._--~-'-'~
Construction Contingency $ 145,000 $ $ 145,000
Schoolhouse Children's Museum HUe Grant $ S 294.000
405 I SITE WORK & DEMOLITION $ 50,000 $ 31,325 $ 25,000
----..--~_..._~---_._- .
406 I INFRASTRUCTURE & STREETSCAPE $ 867,629 $ 585,969 $ 718,340
1. 4th Street $ $ $ 436,680
-----..---.-.- $ S $ 281.660
2. HOB Project 867.629 585,969
__ _. __.__...___~...____..u..._,_~__.._____._._
Page 1 7
PrOject Fund
AFFORDABLE HOUSING
De t. 58300
SUMMARY
420 RESIDENTIAL IMPROVEMENT PROGRAM
421 HOMEOWNERS ASSISTANCE PROGRAM
1'1
2009-2010 2009-2010 2010-2011
Budget Estimate Budget
$ 99,805 $ 99,805 $
$ 939,628 $ 239,628 $ 500,000
$1,039,433 $ 339,433 $ 500,000
Page 18
ECONOMIC DEVELOPMENT PROGRAMS
Dept. 58400
,
2009-2010 2009-2010 2010-2011 I Change Incr/(Decr) I
SUMMARY Budget Estimate Budget Amount %
440 COMMERCIAL FA-CADE GRANTS $205,000 $ 205,000 $ 200,000 (5,000) ,2%
442 TRANSPORTATION PROGRAM $438,040 $ 438,040 $ (438,040) 1000;;
443 DIRECT INCENTIVE FUNDING AGREEMENTS (DIFA) $ 50,000 $ 50,000 $ 215,779 165,779 332%
$693,040 $ 693,040 $ 415,719 1$(277,261) -40%1
DETAIL I $205,000 $ 205,000 $ 200,000
440 I COMMERCIAL FACADE GRANTS $105,000 $ 105,000 $ 90,000
44.:1 I COMMERCIAL RENT SUBSIDY, INTERIOR, SIGNAGE $100,000 $ 100,000 $ 110.000
442 I TRANSPORTA TlON PROGRAM $438,040 $ 438,040 $
Trolley Operations $425,040 $ 425,040 $
Trolley Marketing $ 3,000 $ 3,000 $
Trolley System Costs $ 10,000 $ 10,000 $
$ 50,000 $ 50,000
$ 50000 $ 50,000
$ $
$ 215,779
S 56,000
$ 159779
443 I DIRECT INCENTIVE FUNDING AGREEMENTS
DIFA - The Preserve
DIFA - The Promenade
Page 19
Project Fund
PROJECTS & PROGRAMS
Dept. 58500
"
2009-2010 2009-2010 2010-2011 IChange Incr/(Decr)I
SUMMARY Budget Estimate Budget Amount %
480 I SPECIAL EVENTS $ 294,000 $ 294,000 $ 218,000 $ (76,000) -26%
460 I POLICE PROGRAM $ 396,325 $ 435,000 $ 430,000 $ 33,675 8%
$ 690,325 $ 729,000 $ 648,000 I $ (42,325) -6%1
DETAIL
SPECIAL EVENTS $ 294,000 $ 294,000 $ 218,000
Holiday Extravaganza $ 160,000 $ 160,000 $ 100,000
- Parade $ 30,000 $ 30,000 $ 20,000
- Tree, Lighting, Holiday Decorations $ 40,000 $ 40,000 $ 20,000
- Concert $ 90,000 $ 90,000 $ 60,000
Salute to Independence - 4th of July $ 75,000 $ 75.000 $ 75,000
- Fireworks $ 50,000 $ 50,000 $ 50,000
- Barge $ 13,500 $ 13,500 $ 14,000
- Concert & Security $ 11,500 $ 11 ,500 $ 11,000
Ocean Avenue Concert Series $ 12,500 $ 12,500 $ 7,500
- January/February/March/April/May
Other Events $ 46,500 $ 46,500 $ 35,500
- Boat Parade $ 5,000 $ 5,000 $ 5,000
- Movies on the Ave $ 14,000 $ 14,000 $ 8,000
- Heritage Fest at Sims Center $ 15,000 $ 15,000 $ 15,000
- Family Day at Sims Center $ 5,000 $ 5,000 $ 5,000
- Palm Beach Jewish Film Festival $ $ $ 2,500
- Boynton Chamber Events $ 5,000 $ 5,000 $
- Palm Beach International Film Festival $ 2,500 $ 2,500 $
460 I POLICE $ 396,325 $ 435,000 $ 430,000
Personnel Costs $ 425,000 $ 463,675 $ 455,000
Personnel Costs - Less COPS Grant Allocation $ (50,000) $ (50,000) $ (50,000)
Equipment & Training Costs $ 21,325 $ 21,325 $ 25,000
Vehicle Costs/Reserve $ $
Page 20
BOYNTON BEACH eRA
FY 2010-2011
PROPOSED SPECIAL EVENTS
...' ......." 1
PROPOSED
2010/2011 PROPOSED EVENTS DATE BUDGET
HOLIDAY EXTRAVAGANZA SATURDAY
PARADE $20,000
TREE & DECORATIONS December 4,2010 $20,000
CONCERT $60,000
Holiday Event Total $100,000
I HOLIDAY BOAT PARADE FRIDAY $5,000
Boynton Harbor Marina December 10, 2010
MOVIES ON THE AVE Friday, January 7, 2011, February 4, 2011, $8,000
Ocean Avenue Amphitheatre March 4, 2011, April 1 , 2011, May 6, 2011
OCEAN AVENUE CONCERT SERIES Friday, January 21, 2011, February 18, 2011, $7.f
Ocean Avenue Amphitheatre March 18, 2011, April 15, 2011, May 20, 2011
PALM BEACH JEWISH 2011 $2,500
FILM FESTIVAL
4TH OF JULY
SALUTE TO INDEPENDENCE Monday, July 4, 2011 $75,000
Intracoastal Park
FAMILY DAY AT SIMS CENTER Spring 2011 $5.000
HERITAGE FEST AT SIMS CENTER February 2011 $15,000
BUDGETED AMOUNl $218,000
Page 20a
Boynton Beach eRA
Debt Service Fund - Budget Summary
EXPENSES
Debt Service
$ 3,119,526 $ 3,119,526 $ 2,650,907
Page 21
(468,619) -15%
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BOYNTON BEACH CRA
DEBT SERVICE REQUIREMENTS
PRINCIPAL & INTEREST
YEAR BOA LOAN BOND # 1 BOND # 2 MARINA TOTAL
FY 2010-2011 $ 304,838 $ 1,389,525 $ 821,810 $ 184,234 $ 2,700,407
FY 2011-2012 $ 304,838 $ 1,385,900 $ 822,275 $ 2,513,013
FY 2012-2013 $ 304,838 $ 1,389,838 $ 816,975 $ 2,511,650
FY 2013-2014 $ 304,838 $ 1,385,838 $ 821,165 $ 2,511,840
FY 2014-2015 $ 304,838 $ 1,385,838 $ 824,335 , $ 2,515,010
FY 2015-2016 $ 304,838 $ 1,389,638 $ 821,485 $ 2,515,960
FY 2016-2017 $ 1,705,000 $ 810,863 $ 2,515,863
FY 2017-2018 $ 1,706,750 $ 809,675 $ 2,516,425
FY 2018-2019 $ 1,705,500 $ 807,358 $ 2,512,858
FY 2019-2020 $ 1 ,706,250 $ 808,910 $ 2,515,160
FY 2020-2021 $ 1,702,250 $ 809,050 $ 2,511,300
FY 2021-2022 $ 1,707,250 $ 807,778 $ 2,515,028
FY 2022-2023 $ 1,703,500 $ 810,093 $ 2,513,593
FY 2023-2024 $ 1,706,250 $ 805,713 $ 2,511,963
FY 2024-2025 $ 2,514,920 $ 2,514,920
FY 2025-2026 $ 2,512,665 $ 2,512,665
TOTAL
$
1,829,026 $ 21,969,325 $ 16,425,068 $
184,234 $ 40,407,653
Interest Rates
5.65%
3% - 5%
4.6% - 5.6%
5.00%
Page 23
Boynton Beach eRA
FY 2010-2011 Budget
Community Requested ,~!ojects
..~.._-----,-,-"------
----------r-----r"
I Requested I Program
Fount L__BUdget
~ n n "L 7~
Requested
Amount as a %
of Program
Bud et
Date Received Program/Project
April 15, 2010 Florida Fishina Academy
Funding requested for elementary school children
In CRA district To encompass programs fron
September 2010 through summer of 201>
Contact Captain Richard Brochu, tel 561- 740-7227
Tel 561-740-7227
July 26,2010
Association, Inc.
Less Proposed CRA Funding in Special Events Budget
Additional Funding Requested for Heritage 201'
$ 6,300 S 6,300
$ 28,800 $ 28,800
$ 35,100 $ 35100
eRA Funding is
43% of Total
$ (15,000) $ ( 15,000) Budget
S 20.100 $ 20.100 100%,
~ 4700 14.700 OO~/c
f ebrua'y 19 201'
2 lntergenerational Gathering July 23 )0'1
Funding for both events
Contact. Gertrude Sullivan President tel 561-732-1205
Tel 561732-1205
May 17,2010
~ 75.00(:
000
Contact Sherry Johnson Executive 0lrec101
Tel 561-752-8598
May 20,2010 Iwww.GreatDealslnMyCity.com
Proposal to offer advertising to all businesses on CRA
website for one year - free to business contingent upon
CRA funding
I
$ 10 000 ,
10,000
000/
Contact. Paul Maresca
Tel 561-414-5602
I
$ 20.000 S
23.385
86%
July S, 2010
1st. John Missionary Baptist Church
Community Family Reunion in the Park
September 25, 2011
Contact Rev Lance Chaney, Senior Pastor
Tel 561-732-2377
July 29,2010 I Boynton Beach Child Care Center, Inc. I
48th Annual Thanksgiving Meal $
Provides Thanksgiving meals to the poor shut-Ins. disabled homeless walk-Ins
and disadvantaged
5.000 $
22000
23'!c
Contact Rev Lance Chaney Senior Pastol
Tel 561-732-2377
$ 183,512 $
$ (15,000) $
$ 168,512 $
252,359
(15,000)
237,359
71%
Sub-Total Community Support Requests
Less Proposed CRA Funding for Heritage Event
Total Community Support Requests
P",np )4
Page 1 of 1
Utterback, Theresa
From: Richard Brochu [Rich@f1oridafishingacademy.com]
Sent: Wednesday, August 25,20109:00 PM
To: Utterback, Theresa
Subject: Budget
Attachments: boynton program budget.xls
Hi Theresa,
I have attached the budget for the CRA. The city is paying 32,9% of the total cost of our program. Our budget is
scheduled to run for an entire year, We will meet twice a week and provided a summer camp for 7 to 8 weeks,
We are planning to have a bi-monthly waterway cleaning project.
Here is a recap of what we did just this summer in Boynton Beach.
1. 235 instructor hours at the Boat Ramp Club park
2, 344 student hours in class
3. 156 students attended our summer program
4. 17 fishing trips on our boat
5, Instructor hours at the Sims Center and fishing trips with the Sims kids has not been added to the
figures above.
Capt. Richard Brochu
Executive Director
Florida Fishing Academy
7067 Peninsula Court
Lake Worth, FI. 33467
561-740-7227
www.FloridaFishingAcademy.com
8/26/2010
Boynton Beach Youth Program Budget Florida Fishing Academy 10/10 to 09/11
Instructors and summer camp staffing 1 30,400 $ 22.274 1; (8,126) -26.7%
Others 0.0%
Charter and boating fees 25,860 17,240 (8,620) -33.3%
Food and drinks 2,400 (2,400) 0.0%
Insurance 4,200 3,808 (392) -9.3%
Maintenance and repairs 2,400 2,400 0.0%
Printed material 250 100 (150) -60.0%
Rods, reelsr hooks, bait and kayaks 5,344 2,200 (3,144) -58.8%
Shirts 1,320 440 (880) -66.7%
Other 0.0%
$ 72,174 $ 48,462 1; (23,712) -32.9%
Florida Fishing Academy
2010 Projected Budget
Grants! fees] Donations
Projected Income Budget
I
Budgd '.ctudl
'..,J
yvpp Boynton $
Boynton CRA
Event Sponsors
Event Ticket Sales
Sam W Klein Foundation
Sun Sentinel Childrens Fund
YMCA - TITLE }
YVPP Riviera
Corporate Donations/Sponsorships
Total Projected Grants/Fees
13,000 ~
11.856 ~
5,000
22,500
3,000
6,000
7,650
11,856
110;000
/J<'
Executive Director $ 24,000
Instructor/events 29,496
Captain's Fees 10,015
~
MealS/Entertainment $ 1,500
Advertising 2,000
Awards/certificates 300
Event fees 3,300
Food and snacks 3,897
Gas/travel 3,300
Insurance 2,800
legal and auditing 2,500
lure, hooks and batt 2,844
Boat maintenance and repairs 6,400
Office supplies 600
Postage 600
Posters, printing and t-shlrts 816
Boat dockage 7,200
Rods and reels 800
Reserves 1,200
Telephone 1,200
Training 1,750
Multimedia produciton-lst 10 units 94.344
~<:;.:;<:;::~~/~/!~~?~<:.:;c,.;<;,...,?,:.'.;.,,>><, $ 137,351 $
Total Expenses $200,862
Florida Fishing Acadc111Y
"._" . ..-- --.-....--..-----._..._, -____.__.___________4__..'_
Angling For a Healthy Future
CRA
915 South Federal Highway
APn II-" 'j ,
tJ lOIO
A11
Boynton Beach, FI. 33435
Dear CRA,
We have had a great start to our new program for the younger kids In the CRA district. As the new fiscal
year approaches, we would respectfully request to be founded for next year. We are seeking an amount
of $23,712. Our current budget of $11,856 Is for our summer program. The amount requested is for the
entire school year from September 2010 to June 2011 and for the summer of 2011. I have attached
additional informational packages and an available to answer any questions.
Thank you,
i
The Florida Fishing Academy is a 50 I (c)(3) organization that builds in disadvantaged children a passion tor
ethical angling, environmental conservation and a career in the marine industries. Tax ID # 16-1775538.
7067 pcminsula COllrt, Lake Worth, fl(l. 33461 . 561.740.7127 . IVww.F/orldaF/rhfnuAcu(/emy.com
Florida Fishing Academy
Executive Summary
WHAT IS THE FLORIDA FISHING ACADEMY?
The Florida Fishing Academy (FFA) is a nonprofit, 501(c)(3) organization fonned in
2006 for the purpose of empowering at-risk youth with positive life skills, alternatives to
destructive or antisocial behavior and a sense of responsibility for shaping the world
around them. FF A uses fishing as a vehicle for delivering these lessons, weaving
effective life, environmental and social skills into a youth-oriented, hands-on sports
angling curriculum. Through our organically designed Angling for a Healthy Future
course - an updated, more interactive version of the nationally acclaimed Hooked On
Fishing-Not on Dru~l curriculum - FFA has, to date, helped to change the lives of
thousands of deserving children in Palm Beach County. We are constantly testing and
improving our course and have recently adopted a proven, evidence-based life skills
curriculum at the high school level, under the widely touted LifeSkills Training Program
model, which has been shown to dramatically reduce drug use, risky sexual behavior and
unsafe driving habits.
FFA's curriculum targets third- through eleventh-graders and is customized to appeal to
the different age groups. In the 20-session elementary school program, taught in the
public school aftercare system, Angling for a Healthy Future students learn not just the
basics of fishing - tying a hook, casting, boating safety, the environmental benefits of
catch-and-release, fish identification, marine biology - but also how to repair their rods,
how to clean and cook their catches, and with the help of a Florida Fish & Wildlife
Conservation Commission biologist, how to dissect a fish. Each class also has a strong
dose of character-building, family-bonding, leadership opportunities and other life
lessons. The program includes regular fishing trips, and as part of the buy-in requirement,
each child must be accompanied on the trips by a parent or adult relative. Parents are also
engaged to participate and help out throughout the year and are encouraged to practice
the skills and lessons at bome with tbeir children.
Eacb student who misses no more than two classes gets a free rod and reel, and as we
expand the program, we plan to offer a rod loaner program, making fishing ventures even
more accessible and affordable. The program also emphasizes an anti-drug and anti-
violence message - through the curriculum and also by offering healthy, positive role
models - and requires students to sign a drug-free pledge to participate.
At the middle and high school level, taught largely in city-run Youth Violence Prevention
Programs, FF A offers a two-year curriculum that uses ethical angling to offer at-risk
youth an alternative to gangs and drugs and to prepare them for life after high school. In
the fU'St year, students take a more advanced version of the 20-session Ang/ing for a
Hea/thy Future (Units 1 and 2), with basic fishing lessons supplemented by more
sophisticated, age-appropriate life skills taught under the national, evidence-based
LifeSkills Training Program model.
I The flagship, mentor-based educational program of the Future Fisherman Foundation, Hooked on
Fishing-Not on Drugse was cr~ted in 1980 to motivate young anglers to practice ethical fishing
techniques and help to preserve the environment. while also developing positive life skills, such as
decision-making, goal-setring, communicating meaningfully with others, and choosing to remain drug-free.
The second-year. advanced program, Charting a Course in the Marine Industries, is an
in-depth curriculum broken up into two parts, Units 3 and 4. Throughout 20 sessions,
Unit 3 takes budding anglers a step further, building on their basic skills and growing
passion for fishing with an intensive career-development curriculum specially designed
by FF A. These advanced students learn the mechanics of building and painting custom
rods, boat maintenance, commercial chartering, commercial fishing (including applying
for federal and state pennits and establishing relationships with seafood wholesalers), and
fishing in junior angler tournaments. After completing Unit 3, these advanced second-
year students graduate to Unit 4, getting a heavier dose of life skills training with the
national, evidence-based Ufeskills Training Transitions Program, This II-session course
helps adolescents navigate the transition from high school into the workforce, armed with
strategies for decision-making and managing stress and anger. To hone these new skills,
and in learning to give back to the community, our Unit 4 students return to our
elementary schools as mentors and teach our Angling for a Healthy Future students,
aiding the continuing fidelity of our program.
To date, a la~k of funding has prevented us from offering this new advanced program
extensively to our students, since it essentially requires a pennanent facility to house the
classes. But a limited version has been taught since 2008 at the Boynton Beach Youth
Empowennent Center, where our rod-painting machines and other equipment are
currently housed. and plans are underway to implement the program at West Palm
Beach's YVPP center,
It is important to emphasize that in order to actively engage our students and reinforce
classroom lessons at every stage of our program, it is not enough to sit in a chair inside.
The outdoors is our second classroom, and fishing trips to the lake, pier. canal or, when
funding pennits, to the ocean by boat are essential for students to practice their lessons,
challenge their skills and see for themselves how fishing can change their lives.
With these courses in our toolkit, FF A has set a lofty challenge for itself - to create a
new generation of ethical anglers who enjoy a healthy, constructive hobby, take seriously
their role in environmental conservation and boast new tools to pursue a potential career
in the marine industries. And we're already off to a strong start. Since its inception in
2006. FF A has had 1,095 at-risk youth complete the Angling For .A. Healthy Future
curriculum. Another 763 elementary students - accompanied by their teachers, parents,
grandparents or other adult relatives - have participated in one of a dozen half-day or
full-day fishing fairs or camps over the years. Along the way, FF A has awarded fishing
rods and reels to well over 2,000 participants in its various programs, and has taken
hundreds of students on fishing trips to South Florida waterways. And in keeping with
our environmental message, FF A anglers have released alive approximately 95% of all
fish caught.
By all accounts, the program works. Past studies show that 60 percent of youth report a
stronger interest in fishing after participating in the program, and 80 percent of those are
more environmentally conscious. In follow-up surveys and in anecdotal feedback,
teachers and parents have said FF A classes give them a powerful incentive to get their
kids to stay in school and behave while, they're there. A number of students have also
reported a new interest in pursuing a college education to better equip themselves for a
career in the marine industries. Extensive research has also shown that the LifeSkills
Training and Transitions courses we offer have been proven to reduce the use of tobacco
by 87%, alcohol by 60%, marijuana by 75%, polydrug by 66% and metbamphetamines
by 68%, and are highly effective in curbing and preventing violence and delinquency,
HIV -risk behavior and risky driving. These effects have been proven to last up to six
years and have been published in the Journal of the American Medical Association.
WHERE DO WE GO FROM HERE?
In our four years of existence, we've shown how a small, under-funded group of
volunteers can have a significant impact on the neediest in our community, delivering
life-changing programs with the power to transform at-risk youth into tomorrow's
leaders. Using its four-year history as a solid, proven foundation, FFA is now ready to
take a larger role in the community - formalizing our program into the development of a
regional initiative that strives to reach every Title I school2 in South Florida, and
eventually, every school in the Sunshine State.
Ultimately, we envision the FFA as an expansive, multi-faceted and self-sustaining
organization that engages Florida's children in the joys, responsibilities and opportunities
of ethical angling. In Florida, fishermen outnumber golfers 2-to-l, and 85 percent of
freshwater anglers start fishing at age 12 or younger. And yet, in South Florida - the
fishing capital of the world - a local landscape filled with gymnastics camps, Little
League programs, chess teams, golf classes and adult fishing clubs has no expansive,
school-based, ongoing fishing curriculum for kids. There is little if anything out there that
engages children - tomorrow's anglers, boaters, marine biologists and environmental
stewards - in fishing as a sport and livelihood taught in a comprehensive, organized
fashion or that involves them in the effort to preserve our fragile marine environment.
That's the void we want to fill.
How? First, we'd like to see Angling for a Healthy Future, FFA's first-year program,
expanded to all Title I elementary, middle and high school aftercare programs throughout
the ~roward and Palm Beach County school districts. To become more financially viable
and sustain these programs in the long-term. we envision a broad-based series of revenue-
generating initiatives that would also broaden our young anglers' experience and skiJl set.
This two-county initiative will allow FFA. to further refme course offerings and delivery,
preparing the way ahead as we grow toward our next goal: providing our unique
curriculum and support to every Title I school in Florida. Why such wide-reaching
ambitions? Because research shows that at-risk children benefit from prevention
programs that provide healthy social and emotional development, parental and
2 Schools are referred to as Title I schools, and receive federal Title I funding. when at least 40% of their
students participate in the uee- and reduced-lunch program.
community engagement and positive adult role models. This is especially imperative
todaYt with the erosion of the social safety nets that once supported families raising
children, making it ever more essential to offer programs that nurture in children positive
self-conceptst awareness of their role as responsible citizens and socialization skills like
problem-solvingt self-confidencet decision-makingt negotiation tactics, team-building,
anti-bullying mindsets and dl11gt alcohol and tobacco prevention.
It is a need that is not unique to Florida, That's whYt once we have fully saturated
Florida's schools, FFA has a most ambitious hope and intention in the long-term: to
expand its outreach to every Title I school in the entire USA.
HOW DO WE GET THERE?
During the past four yearst FF A has worked bard to hone its message and the delivery of
that message. FF A has demonstrated its positive impact on program participants and laid
a solid foundation for both corporate and private investor recognition. FF At its programs
and its personnel have appeared or been the subjects of various pieces in both print and
on television. It's time now - time to stop operating out of a garage on boot-strap
fmancing and in-kind donations that allow us to achieve only a fraction of what must be
done. In order to undertake the South Florida program, FF A must:
. Develop long-term sustainable corporate fmancial investors that allow us to
project and manage long-term budgets
. Develop long-term, sustainable corporate and private in-kind investors who
provide goods and services that allow FF A to steward investments in a
responsible manner
. Develop long-term relationships with Broward and Palm Beach Countyts
numerous governmental organizations
. Procure a favorable lease on a property to permanently house FF A
. Hire core permanent staff
. Further develop a graduated curriculum that allows participants to progress to
greater positions of responsibility within FF A
. Develop multi-media program modules that allow the fidelity delivery of program
content through the exploitation of technology
WHO IS ALREADY STANDING BY OUR SIDE?
The credibility and sustainability of every nonprofit lies in the quality of the partners and
investors it is capable of attracting. To show how far we have come in a short time, below
is a list of the organizations and agencies with which we have established fmancial and
in-kind partnerships to date:
. Guy Harvey Ocean Foundation
. Sun-Sentinel Children's Fund, a part of the McCormick Foundation
. City Fish Market Restaurant
. Chops Lobster Bar
. Sam W. Klein Charitable Foundation
· DeVos Blum YMCA of South Palm Beach County
. Prime Time Palm Beach County
· Children Services Council of Palm Beach County
. Nonprofits First
· Community Redevelopment Agency of Boynton Beach
. Boynton Beach Parks and Recreation Department
· Boynton Beach Police Department
· West Palm Beach Parks and Recreation Department
. City of Boynton Beach Youth Violence Prevention Project
· City of West Palm Beach Youth Violence Prevention Project
· City of Riviera Youth Violence Prevention Project
. Fish Florida Tag
. Florida Marlins
· Future.. Fishennan Foundation
· Poinciana Elementary Math, Science & Technology Magnet School
· South Florida Water Management District
. Florida Fish & Wildlife Conservation Commission
. Publix
. Bass Pro Shops
. Tuppen's Marine
. Tarpon Bend Food & Tackle
· Paskoski Constnlction
HOW CAN YOU HELP?
Each of us understands that the social safety nets and educational programs that target the
typical FF A. participant have been stretched beyond the breaking point. Our schools are
being asked to do more and more with less and less. As a result, anything beyond the
most basic and rudimentary educational programs are being cut. There is now an entire
generation of children at risk of missing out on any opportunity to develop social.
environmental and team-building skills. And any assistance local governments were once
able to provide in the fonn of supplementary funding is harder and harder to come by. as
the deep recession forces cities and counties to cut their budgets. too.
At the same time our government is sttuggling, for-profit corporations have taken a
pummeling in the media. It seems as if every corporation has been painted with the same
brush, Profits are evil. Making money is wrong. The truth, however, is that but for these
corporations and the good they do in our communities every day. our lives would be less
satisfying. Unfortunately, a significant amount of corporate largess flows towards hugely
bureaucratic nonprofits with multimillion-dollar fundraising budgets. FF A. simply cannot
compete with these fundraising machines. As a result, many of our area's kids are left
underselVed. You can help. You must help. It remains for us, private and corporate
citizens of Palm Beach and Broward counties, to take care of our own.
Return on Investtnent
,. .
Impact of LifeSkills Training (LST)
On Social Behavior Among Youth
16 87% Reduction
14
4
iii Did Not Receive LST
. Received LST
12
bO 10
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Source: (1) Journal of Behavioral Medicine (1983), (2) Journal of Studies on Alcohol (1984),
Journal ofConsuJting and Clinical Psychology (1990), Journal of the American Medical
Association (1995), and (5) Archives of Pediatric & Adolescent Medicine (2006)
Other Proven Effects of LST:
· Reduces pack~a-day cigarette smoking by 25%
· Reduces use of inhalants, narcotics and hallucinogens
· Reduces violence
· Reduces risky driving behavior
· Counteracts mv ~risk behavior
· Reduces delinquency
r"
-- - ---- -- ---- - -- -
Florida Departnlent of Juvenile Justice Delinquency
Palm Beach County
2007-2008
5,220
Juvenile delinquents from 14 to 17 years of age
$83,000 to $335,000
Cost of delinquency per child
$.25
Rate of return for every $1 invested
(based on a program cost of $808 per a child)
~_.--_.
-'--'- .-------
Evidence-Based Program Annual Cost Benefit
for Commercial and Residential Taxpayers
$500.00
$450.00
$400.00
$350.00
$300.00
$250,00
$200.00
$150.00
$100,00
$50.00
$-
S Benefits
II Cost
2008 2012 2016 2020 2024 2028 2030
Source: Office of program Analysis & Government Accountability
Report No. 0841. June 2008, State of Florida.
,...
Tourist Development Council of Palm Beach County
2008-2009 Report
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Hotel Guests: 1,808,480
120000 ,
!
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I
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Fishing
Participants
Boating
Participants
Snorkeling
Participants
Diving
Participants
Total
Number of guests who participated In a marine-related activity: 95,847
$706
Per-Guest Spending Average
$67,669,704
Total Spending
,...
If we lose or suffer significant deterioration in our natural
resources, it would be safe to assume that we will lose a
significant number of guests!
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TIlE FLORIDA FISmNG ACADEMY AT.AGLANCE
FFA aims to teach children a healthy lifestyle and constructive hobby, guide them away from drugs and violence, engage them.
in the battle to preserve Florida's marine environment and introduce them to the marine industries as a Dotential career. '
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FFA aims.to teach children a healthy Hfestyle and constructive hobby, guide them away from drugs and violence,.engage them.
in the .battle to reserve Florida's marine environment and introduce them to the marine industries as a otential career. '
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Florida Fishing Academy
Biography of Captain Rich Brochu
FFA Founder & Executive Director
, ....
/' ...
Biography of Capt. Richard Brochu 2010
In 2006, the Florida Fishing Academy was founded by Capt Richard Brochu out of a
paSsion for fishing and a father's love for his children. At age 41, I was faced with a minor back
injury that required me to stay home and leave my real estate and constroction business idle. The
pain and temporary disability drove home a nagging reality: I did not want to be a contractor
after I turned 60. My quest began for a career I could enjoy through retirement. Driven by my
two loves - fishing and my two daughters -1 decided to form a professional fishing team. The
team would consist of me, my wife, my children, their friends and, one day, their own children,
and it would give us all an opportunity to bond through a mutual love of an exciting sport and the
beauty of South Florida's unique environment. Team REEL Estate Inc. was born, if in name and
concept only.
I considered myself a poor but avid fisherman. 1 spent a lot more time fishing than
catching. So, bored at home, the research began. It was at this point that I realized how much I
didn't know about fishing. Current breaks, water temperature, moon phase, this was all science. I
just wanted to catch fish! I didn't even know how to hold a fish properly, what hooks to use or
how to release a fish I didn't want to keep. A venting tool, what was that? If! didn't know, how
many others out there were like me, I wondered. How many ofus were doing this all wrong from
the beginning? At the time, my oldest daughter was in first grade. Still hobbled by my bad back,
I slowly walked into Baylee's aftercare class and asked a simple question: "Are there any fishing
programs that teach kids (like me) how to fish?" The response from the aftercare director at
Poinciana Elementary Math, Science & Technology Magnet School in Boynton Beach was life-
changing: "No, would you like to start one?"
In my online research, I quickly found the Hooked On Fishing-Not On Drugs@
curriculum, Founded by the Future Fisherman Foundation in the 1980s, it was the only course
taught by the Florida Fish and Wildlife Conservation Commission and required me to be
certified to teach. My first year began slowly and as a wholly volunteer effort. I found the
HOFNOD course impressive in its integration of life skills, environmental awareness, anti-drug
education, boating safety and the basics and science of fishing. But an important component was
missing: It did not make enough of a connection to engage my students. My own children
became my guinea pigs. They tested my activities, watched my videos, attended my class and,
best of all, we fished together. As a family, we developed our course, "Angling for a Healthy
Future," an updated, more hands-on version ofHOFNOD.
The course became a staple in Boynton Beach. The city approached me and asked me to
teach my course to at-risk teen boys and girls as part of its newly created Youth Violence
Prevention Program. It quickly became clear that more changes were needed to appeal to this
more cynical bunch. These kids did not want to sit in a room listening to me talk. The outdoors
became our classroom. Word spread and partnerships were formed. Three years later, we were
teaching in 17 public schools in largely impoverished neighborhoods and three city-run Youth
Violence Prevention Programs throughout Palm Beach County. In 2009, our breakout year, 900
students graduated through our program and another 100 attended a daylong Family Fishing Fair.
1 can remember watching the movie, "Robots," with my two girls. The phrase, "find a
need, fill a need," strock a nerve and became my mantra. Throughout my adult life, I had
pursued a number of careers - aerospace technician, business owner, police officer, real estate
/'
,...
/'~
Biography ofCapt Richard Brochu 2010
broker, general contractor - but nothing felt more fulfilling or more rewarding than using my
passion for fishing to teach kids about themselves, their world, and their role in it. I found my
purpose, and it wouldn't wait until retirement. At the end of2008, I closed my construction
business and devoted my energies full-time to this new venture. That's when my little fishing
team, Team REEL Estate Inc., became something bigger: the Florida Fishing Academy. Florida
is the fishing capital of the world! Why shouldn't we be the leaders in teaching our children how
to protect our natural resources? Our children are the only ones who can help us change. They
certainly changed me.
Florida Fishing Academy
Sy llabus
,....
F",_"
~~@ld~--"
Elementary School Unit 1: "Angling for a Healthy Future"
This course is designed as 20 90-minute sessions taught weekly throughout the school year, but
can be custom-fitted to each school ~ individual needs.
Session 1: Getting to Know Each Other Session 6: Regulations
. Introduction video and survey . Difference between ethics and law
. A shield activity '!Sing ancient family crest to . Backyard Bass exercise wmle holding
incorporate family priorities your breath
. Explain ways to improve communication . Becoming an ethical angler
with family Session 7: Fishing Ethics
" Session 2: Fishing Safety . Finding a good spot that does not disturb
Learn the basics of fishing safety the habitat
. How to remove a hook from your friend · Choosing ethical behavior
. Lifejacket safety · Fish biology -- Dissect a fish
. Learning how to ask for help . Taking responsibility for your actions
Session 3: Introduction to Fishing Session 8: Drugs and the Law
. Tying a knot · Describing the difference between legal
. Preparing the hook and illegal drugs
. Demonstrating self-confidence · The fismng alternative
Session 4: Learning to Cast · Taking the drug-free pledge
. Setting the drag · Setting goals
. How to prepare the rod Session 9: Getting Ready for a Fishing Trip
. Casting practice · What clothes to wear
. Recognizing when others need help · What to bring
Session 5: Baits · Knot-tying and rigging review
. Learning what baits to use · Demonstrating self-confidence
r Hooking your bait and bobber Session 10: Fishing Trip
. Choosing the right lure · Have fun
. Learning to ask for help · Demonstrating ethical anglirig
~...,.iJd8 Pil@lhil_~
~@Jd~-"
Elementary School Unit 2:
"Angling for a Healthy Future" (continued)
Session 11: Fish Identification
. Learning how to identify fish
. Rub art or fish print
. Working together to achieve a goal
Session 12: Fish Habitat
. Descnoing our environment and how it
relates to a habitat for fish
. Making a fish habitat
. Demonstrating self-initiative
Session 13: Food Webs and Conservation
. Drawing a food chain
. Discussing the effects of climate change
. How to get involved at home
. Demonstrating responsibility
Session 14: Human Impact
. Identify sources of pollution that might hann
our natural resources
. Schedule a community clean-up project
. Adopt a lake, park or waterway
. Demonstrate community responsibility
Session IS: Making a Difference
Community cleaning project
Session 16: Planning a Fishing Trip
. Allow the students to plan this trip
. Estimate the cost of a fishing trip
. Plan a budget and detennine how to raise
money
. Getting the community involved
. Learning how to ask for help
Session 17: Problem-solving
. Identify and solve any problems from the
previous trip
. Start thinking scientifically
. Invite family and friends to participate
. Setting goals and achieving success
Session 18: Fishing Trip
. Fishing derby
Session 19: Fish Fry
. Learning how to clean and cook a fish
. Let's eat
. Taking satisfaction in achievements
Session 20: Program Wrap-up
. Review with pictures
. Lots of storytelling
. Program evaluation
",
~~ Ph",__
~~@Jd~"""'"
High School Unit 1: "Angling for a Healthy Future"
This course is desig1?ed as 10 two-hour sessions or 20 one-hour sessions, tau8ht once or twice
a week throughout the school year, but can be custom-fitted to each school's mdividual needs.
Session 1: Getting to Know Each Other Session 6: Regulations
. Introduction video and smvey . LifeSkills: Managing Stress & Anger
. Fonnation of teams . Difference between ethics and law
. Discuss ways to improve communication . Backyard Bass while holding your breath
Session 2: Fishing Safety . Becoming an ethical angler
. LifeSkills: The Value of Good Health Session 7: Fishing Ethics
r..... Learn the basics of fIShing safety . LifeSkiIls: Family Communications
How to remove a hook from your friend . Finding a spot that doesn't disturb the
. Lifejacket safety habitat
Session 3: Introduction to Fishing . Choosing ethical behavior
. LifeSkills: Decision-making for Health . Fish biology -- dissect a fish
. Tying a knot . Taking responsibility for your actions
. Preparing the hook Session 8: Drugs and the Law
. Demonstrating self-confidence . LifeSkills: Healthy Relationships
Session 4: Learning to Cast . Describing the difference between legal
. LifeSkills: Risk-taking & Substance Abuse and illegal drugs
. Setting the drag . The fishing alternative
. How to prepare the rod . Setting goals
. Casting practice Session 9: Getting Ready for a Fishing Trip
. Recognizing when others need help . What clothes to wear
Session 5: Baits . What to bring
. LifeSkills: The Media and Health . Knot-tying and rigging review
1'.... Learning what baits to use . Demonstrating self-confidence
. Choosing the right lure Session 10: Fishing Trip
. Learning to ask for help . Have fun
. Demonstrating ethical angling
FiJ~L- tt .
v..~_~
~~@t4J~--"
High School Unit 2: "Angling for a Healthy Future"
This course is designed as 1 0 one-hour sessions taught weekly throughout the school year.
as a continuation of Unit 1, but can be custom-fitted to each school's needs.
Session 11: Fish Identification
. Learning how to identify fish
. Rub art or fish print
. Working together to achieve a goal
Session 12: Fish Habitat
. Describing our environment and how it
relates to a habitat for fish
. Making a fish habitat
. Demonstrating self-initiative
Session 13: Food Webs and Conservation
. Drawing a food chain
. Discussing the effects of climate change
. How to get involved at home
. Demonstrating responsibility
Session 14: Human Impact
. Identify sources of pollution that might harm
our natural resources
. Schedule a community clean-up project
. Adopt a lake, park or waterway
. Demonstrate community responsibility
Session 15: Making a Difference
Community cleaning project
Session 16: Planning a Fishing Trip
. Allow the students to plan this trip
. Estimate the cost of a fishing trip
. Plan a budget and determine how to raise
money
. Getting the community involved
. Learning how to ask for help
Session 17: Problem-solving
. Identify and solve any problems from the
previous trip
. Start thinking scientifically
. Invite family and friends to participate
. Setting goals and achieving success
Session 18: Fishing Trip
. Fishing derby
Session 19: Fish Fry
. Learning how to clean and cook a fish
. Let's eat
. Taking satisfaction in achievements
Session 20: Program Wrap-up
. Review with pictures
. Lots of storytelling
. Program evaluation
fP"fI/."iJeI/€!I FhhilmJ~
High School Unit 3: "Charting a Course in the Marine Industries"
This intensive, adwmced-leaminj{ course is designed to be taught in 20 three-hour sessions throughout the school
year, with fishing trips adiled;n as lleedeiJ, but can be custom-fittedfor each class' individual needs.
/'.....
r
Sessions 1, 2 Bnd 3: Rod Fabrication
. Learning how to repair a fishing rod
. Creating a custom-painted rod
. Wrapping and placement of guides
. Demonstrating a willingness to learn and be creative
Sessions 4 and 5: Reel Maintenance
. Removing and replacing the fishing line
. Selecting the right line
. Routine cleaning and lubricating
. Repairing reels as needed
. Developing problem-solving techniques
lSsion 6: Fly Fishing
. Learning the basics of fly fishing
. Safety with a fly rod
. Working outside your comfort zone
Sessions 7 and 8: Fly Tying
. Selecting the hook
. Picking the feathers
. Wrapping the lure
. Developing patience
Session 9: Fishing on the Fly
. Fly-fishing trip
Session 10: Tournament Fishing
. Research local tournaments
. Start planning to enter select tournaments
. Research which fish to target
. Watch weather patterns and currents
. Collect required bait
. Seek funding for tournament
~ Challenging your skills
Session 11: Introduction to Chartering
. Become familiar with the duties of a mate
('.....
. Learning how to tie boat knots
. Learning boat terminology
. Learning how to address customers
. Developing courtesy and respect
Sessions 12 and 13: Boating Safety
. Learning emergency procedures
. How to use an emergency radio
. Fire and man-overboard drills
. Developing listening skills
. Working while under stress
Session 14: Saltwater Bait Fishing
. Targeting bait depending on season
. Learning how to rig baits
. Targeting fish consistent with bait used
. Developing accountability
Session 15: Pre-fishing
. Practice tournament fishing for upcoming event
. Practice duties for upcoming charter
. Being prepared
Sessions 16 and 17: Time to Fish
. Fish a tournament
. Take customers on a charter
Sessions 18 and 19: Mentoring
. Help with Year One students
. Volunteer for a community activity
. Write thank. you letters to donors and family
. Showing leadership
Session 20: Career OPPOl.tunities
. Identify potential job opportunities
. Writing a resume
. Interview role-playing
. Making your knowledge and skills work for you
FiJ~"i1_~
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High School Unit 4: "Charting a Course in the Marine Industries"
This intensive, advanced-leam;lJg course is design,ed to be taught in 11 one-hour sessions throughout the school
year, with fishing trips added in as needed, but can be ctlstom-fitted for each class' individual needs.
Session 1: Goal-Setting for Success
. Effective planning
. Short-term and long-term goals
. Enhancing perseverance
Session 7: Business Development
. Deciding on a business
. Researching the need of a community
. Brainstorming 101
. Setting a goal
Session 2: Effective Communication
. Preventing and reducing misunderstandings
. Identifying appropriate communication behavior
. Enhancing self-representation
Session 8: Setting Up a Corporation
. Market research
. Corporate structure
. Insurance -- generalliabHity and workers
compensation
. Leases
Session 3: Managing Stress
. Coping with stressful situations
. Behavior monitoring
. Relaxation and stress reduction techniques
. Developing resilience
Session 4: Decision-Making and Risk
. Analyzing the decision-making process
. Reducing risky behavior
. Reinforcing resistance to substance abuse
Session 9: Applying for Licenses and Permits
. Occupational license
. Professional licenses
. Developing accountability
Session 5: Managing Time and Money
. Prioritizing and planning
. Impulse control
. Self-monitoring
. Strategies for managing financial resources
Session 10: Opening Day
. What to expect
. Marketing
. Being prepared
~ ".Ssion 6: Building Relationships
· Differentiating types of relationships
. Productive conflict resolutions
. Accepting differing points of view
Session 11: Mentor Training
. Review of elementary Year One classes
. Selecting a school
. Giving back to the community
r
Florida Fishing Academy
Coastline Article
r"
/".....
Florida Fishing Academy
'""
He was just in elementary school, but the fourth-grader with the
skateboarder haircut and an affection for sleeping In understood
the value of a dollar. And DonnIe Metcalf knew one thing for sure:
His mother was throwing money away by Investing In the Florida
Prepaid College Tuition Program.
Dormle didn't plan on going to college. He didn't even plan on fin-
ishlng hlgh school.
"He always had It in his mind that he was going to quit school; Said
DonnieS mother, VIckie Virzi of Lake Worth.
It didn't take long for the Florida FIshing Academy to change his
tune. Captain Rich Brochu, the academys founder and executive
director, not only taught
Donnie how to fish. but how
to believe in himself and to
take pride In helping other
kids fmd the same passion.
"When I used to fish, I only
worried about baiting my
own line," said Donnie. now a
seventh-grader. .Now, I like
to help other kids learn how
to do It"
~;i(~j~:~~~%"
Donnie has found another
Interest, too: his future, With
Brochus encouragement. the
one-time asplrlng hIgh-school
dropout Is already looking at colleges that have strong marine biology programs. He wants to earn his bachelors degree.
get a captains license and, maybe. one day run a charter boat off South F10ridas shores.
In Its fourth year as an after-school and summer camp program In Palm Beach County. the academy teaches kids the
basics of fishing and boating safety. instilling In them a passion for the sport, an awareness of their role In preserving the
environment, and a budding interest in a possible career In the marine Industries.
At the heart of the progrcun Is the Hooked On Fishing-Not On Drugs! (HOFNOD) cuniculum created by the Future
Fisherman Foundation. There Is heavy emphasis on marine conservation. an antl-drug pledge, and ethical angling tech-
niques. When supplies are available, students also get a free rod, reel, and tackle box. donated by FIsh Florida Tag.
"For a lot of kids, the fishing rod they get Is the first and only rod they'U ever have; said Glolia Gibson, after-<:are director
at Poindana Elementary School In Boynton Beach. one of 17 Palm Beach County schools the academy taught at last year.
But for Gibson, perhaps the best lessons are when the kids learn how to filet and cook their catches. and when they get
a close-up look at a fish's anatomy.
"Captain Rich Brochu, the
academy's founder and exec-
utive director. not only taught
Donnie how to fish, but how
to believe in himself and to
take pride in helping other
kids fmd the same passion:'
,
~llove that they bring a bIologist In and dissect a nsh~ said Gibson, "Going out and
catching a fish Is awesome, but learning. not just how to filet and cook the fish, but
also all of Its parts. that's a really great lesson~
Its also proven to be a strong incentive for parents and educators to get their kids
to behave and to show up on time.
"Before. I used to have to fight with Donnie to get him up In the momlng~ said his
mother, "Then, )tl tell him. 'If you don't go to school every day, on time, you can't ,
. Continued
C 0 A S T L 1 N E S 29
r.-
I
".....
"By the time
they got out
to the ocean,
the sight of
bottlenose dol-
phins jumping
in the distance
made them
forget their
nerves..~
go to fishing club: Thats all I
needed to say~
Classes are mostly held In after-
care programs at TItle I schools
In Impoverished neighborhoods.
and in local. city-run Youth
Violence Prevention Programs.
But the real fun happens when
Brochu or the academy's full.
time instructor, Captain Bob
Cawood. takes the lessons from
the classroom to the water,
with fishing tiips to the lake.
canal. pier, or ocean.
It was on one such trip that
Brochu discovered the power
of hands-on learning. The students on the academy's
ProKat that day had never been on a boat before and
started out the morning hesitant to even get aboard
By the time they got out to the ocean. the sight of bot-
tlenose dolphins jumping In the distance made them for-
get their nerves. and they asked Brochu to drtve farther
out to get a closer look. That's when they spotted a large
clump of plastic bottles and aluminum cans floating In the
current Before long. moved by the juxtaposition of
natures beauty and mans recklessness. two of the most
skittish campers were leaning over the boat's side. picking
up the trash,
"You should have seen their faces, They were so proud~
Brochu remembered with a grtn. "When you take them
out there and actually see the lessons click. that's what Its
all about light there."
Brochu didn't set out to change the kkIs'view of themselves
or the world around them. An avid fishennan. he just
wanted to get his own two daughters Interested in his
favorite sport. and he went looking for a fishing club
for kids.
What he found was that In one of the worlds top fishing
destinations. where fishennen outnumber golfers by a
ratio of 2-ta-1. South Florida had plenty of chess clubs. golf
classes. and karate programs, but few youth fishing clubs
or courses that taught chUdren how to fish responsibly.
In 2006, Brochu got his HOFNOD certification and started a
small fishing club at Polndana, where his oldest daughter
was a Orst-grader. The Clly of Boynton Beach soon offered
him a $10.000 grant to teach the program at its county-
funded Youth Violence Prevention Program (YVPp).
The Florida Fishing Academy. a nonprofit 501 (c)3 organi-
zation, was born, The academy had 900 students com-
plete its courses In 2009 alone. And that's with a modest
$30.000 budget
Through donations by the Sun Sentinel Chlldren's Fund.
Fish Florida. the Sam W. Klein Charitable Foundation, and
the Florida Marlins, the academy was also able to expand
Its reach to West Palm Beac~ YVPP and to needy schools
like the Seagull Academy for Independent Living In Lake
Worth, a charter school for disabled chlldren.
But funding remains a challenge. The YMCA has had to
cut its funding because of budget constraints. And the
YVPPS have run out of county funding and are unsure how
the 2010 programs will be financed.
Then. there are the needier groups that the academy
hasn't reached yet The Department of Juvenile Justice, for
instance. has expressed a keen Interest In using the acad-
emy's courses as part of Its first-time youthful offender
diversion program, but a lack of funding has prevented
plans from moving beyond the discussion stage.
Brochu hopes to buUd a stronger donor base and a bigger
budget to reach more kids in need when the academy holds
two fundraisers this year - a $150-a-tlcket cocktall reception
featuring guest speaker Mike Dukakis on April 29 at City
FIsh Market In Boca Raton. and its second annual Family
Fishing Fair at CaIoosa Park In Boynton Beach on June 5,
"We have a great program, It works. I see it every day."
Brochu said, "But we can do so much more. There are so
many kids out there who need, who deserve. a positive
Influence In their lives. And teaching them how to fish,
safely and responsibly. can have such a ripple effect for
them and society."
,...
To learn more about the Florida Fishing Academy, contact Captain Rich Brochu at 561-740-7227
or Rick@F1oridaFIshingAcademy.com, or visit FlorldaFlshingAcademy.com.
30 COASTLINES
..=::l\JTERNAL REVENUE
SERVICE P. O. BOX 2508
CINCIl'!NATI, OR 45201
DEPARTMENT OF THE TREASURY
Date:
Employer Identification Number:
16-1775538
DLN:
17053297011026
Contact Person:
MS K WILMER lOt 52405
Contact Telephone Number:
(877) 829-5500 Accounting
Period Ending:
December 31
Public Charity Status:
170 (b) (1) (A) (vi)
For~ 990 Required:
Yes
Effective Date of Exemption:
October 6, 2006
Contribution Deductibility:
Yes
Advance Ruling Ending Date:
December 31, 2010
TEAM REEL ESTATE INC
C/O RICHARD BROCHU
7067 PENINSULA CT LAKE
WORTH, FL 33467
Dear Applicant:
We are pleased to inform you that upon review of your application for tax exempt
status we have determined that you are exempt from Federal income tax under section
~(c) (3) of the Internal Revenue Code. Contributions to you are deductible under
~dction 170 of the Code. You are also qualified to receive tax deductible bequests,
devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because
this letter could help resolve any questions regarding your exempt status, you
should keep it in your permanent records.
Organizations exempt under section 501 (c) (3) of the Code are further classified as
either public charities or private foundations. During your advance ruling period,
you will be treated as a public charity. Your advance ruling period begins with the
effective date of your exemption and ends with advance rUling ending date shown in
the heading of the letter.
Shortly before the end of your advance ruling period, we will send you Form 8734,
Support Schedule for Advance Ruling Period. You will have 90 days after the end of
your advance ruling period to return the completed form. We will then notify you,
in writing, about your public charity status.
Please see enclosed Information for Exempt Organizations Under Section
501(e) (3) for some helpful information about your responsibilities as an exempt
organization.
Letter 1045 (DO/CG)
TEAM REEL ESTATE INC
Sincerely,
Lois G.Lerner
Director, Exempt Organizations
Rulings and Agreements
Enclosures: Information for Organizations Exempt Under Section 501(c) (3)
Statute Extension
Letter 1045 (DO/CG)
HOB
;.--
Budget Outline
Estimated Costs for Proposed Event
Pro
Dramatic Plays and Dance (different cultures)
One Inspirational Speakers
Three (3) School Chorus and Groups
A wards. Ribbons, Prizes and Certificates
Refreshments for 350 people
Music Disc Jockey (OJ)
Photographer (Photo and Video)
Advertisements (Flyers and Programs)
Decorations
Radio, TV, Newspaper. Posters
Media Relations uMC"
Facility Rental (Hester Center or Sims Center)
TOTAL:
$ 300.00
$ 500.00
$ 300.00
$ 500.00
$1,000.00
$ 500.00
$ 500.00
$ 500.00
$ 800.00
$ 500.00
$ 500.00
$ 400.00
56.300.00
1820Il
Heritsl!c Awareness Celebration 2011 Bude:et
Date: Tentative for February 18, 2011
Subject: Description of events at the "Heritage Awareness Celebration - Night of Joy".
These Heritage Awareness Celebration event activities will help build a strong cohesive
neighborhoods and communities. The event will demonstrate a public purpose that will be visible
to the general public.
Dr~. P!~IIID9 _ iIlu~tfBfi8iis will bring awareness of different cultures. They wjJJ be
demonstrating the different ways different cultures celebrate holidays and traditions; highlighting
contributions that made Boynton Beach a great community. The Spanish, African American, Indian,
Jamaican, Haitian, and other cultural plays and dancing will demonstrate important events that made this
a city great to live, work and play. The estimated cost is approximately $300.
InsDirational Sneakers will speak about people and meanings that they were motivated to become
successful while living in the Boynton Beach area. They will speak about importance things that will
help the people to succeed in life. Emphasize encouragement of being successful while building a great
community, The estimated cost is approximately $500,
School Chorus and Gl'OUtJ will display talents that are promoted at our local schools. They will offer
infonnation about how others can join in with the local schools to enhance the community, and build
relationship, The estimated cost is approxi.mately $300.
Awards. Ribbons and Certificates will be needed for prizes and appreciations. We will need prizes for
the competitions and services. A wards will be given to all who participated in the Heritage Awareness
Celebration event as appreciations. The estimated cost is approximately $500.
Refreshments illustrations cultw'es awareness and will be provided to replenish the thirst of the people.
There will be approximately 350 people attending, The estimated cost is approximately $1,000.
Music Disc Jokev m-n will be needed to provide music for the event. The music will be played
through.out the day at different times. It will draw the people and set a mood for the event activities.
The music will represent different oulture to draw people together and bring awareness of different
cultures music. The DJ will also make important announcements during the day. The committee wiIJ
provide the DJ will material to announce and will also announce events, activities and social services. We
will 81ll1ounce and monitor the events with a microphone and a stage, The estimated cost is
approximately $500.
Photosn-aDher will take pictures and videos of the events for keepsake and will be used for future
generations. Pictures will be taken of everything's and all events for families to treasure. The estimated
cost ;s approximately $500.
Advel"lilemenu (FIver and P~ram.!l will be an iltlpOrtant way to lnfonn the people about the
Heritase AWlU'eness Celebration event and schedule. They wiU all!O display the many different cui......
we ha.. in our city. They win show others the legacies that our children will inherit They will be used
to CODnnunicallo the good things about the people and COmmlDlities in Boynton Beach. 11re estimatM
cost is apprOximately 500.
Deeorallo.. win be used to illustrate culture awareness and provide an ambiance for the event
Decorations will be used to beautify the fucilily hall such as tablecloths, chait covers, and center pieces
(rentolltems). There will be approximately 350 !>COple attending. The est_ed cost Is appruxlmarely
$800.
Radio, TV. NewaD8net. Flver. and other funns of announcement will be needed. They will be to
poblici"" the Heritage Awareness Celebration "Night of Joy" event. The estimated CDStls _Imate/y
$500.
Media Relallon. "Me" will be used to help control the programs lineup and announce important
infunoation to encourage the !>COple. The estimated Cost Is apprUXlmate/y $500.
FaeDitv I!entar will he used to host the event. 11re estimated cost Is appraxtmate/y $400.
7
HoB
...---.
Budget Outline
Estimated Costs for Proposed Event
Program: Heritage Awareness Celebration. tentative for Februarv 19. 2011
Dramatic plays and dW1ce (different cultures)
Three (3) Inspirational Speakers
Three (3) School Chorus and Groups
Food and Water for 500 volunteers
Zoo 01' Pet Animal Exhibit, Pony Rides
Bounce Housel Water Slide, and Trackless Train
Family and Adult Games
Music Disc Jockey (DJ)
Photographer (Photo and Video)
Live Band
Children's Books 250-1,000
Signs and Advertisements (4 signs and flyers)
Ground Decorations
Art Exhibit material and Instructor
Awards, Ribbons, Prizes and Certificates
Double Dutch Jump Rope and Hula Hoops
Magicians and Balloons
Radio, TV. Newspaper, Poster
Security
Dumpster (4) at $65 each
Media Relations "MC"
City's Workers, Utilities and Parks
Sound System w/Generator
Ground Maintenance (cleanup vacant lots)
Toilets (5 toilets and 1 handicap unit)
Stage
TOTAL:
$ 300.00
$1,500.00
$ 300,00
$ 500.00
$1,000.00
$1,250.00
$ 300,00
$1,500.00
$ 800.00
$1,500.00
$ 400.00
$1,500.00
$1,000.00
$ 350.00
$1,000,00
$ 300,00
$ 500,00
$1,000.00
$2,500.00
$1.900.00
$1,350.00
$1,500.00
$2,000.00
$3,400.00
$ 450,00
$ 700.00
$28,800.00
Herita~ Awareness Celebration 2011 Bude:et
. .
Date: Tentative for February 19,2011
Subject: Description of events at the "Heritage Awareness Celebration",
Th..e Beritage Awa........ CelebratioD eveDt Dctivitl.. wnJ help build a strODg roheslve
Deighborhoods aDd eommuDlti... The eveDt will demoD'frate a public purpo.e that wOl be visible
to the general public.
Dramatic PI~ aDd DaDce i1lustratioDS will mag awareness of different cultures. They win be
deaiw_ag the diffel'CDt ways different culture. celebrate holidays and traditions; highlighting
contributious that made BO)lDlon Beach a great rommunity. The Spanish, Aitican AmcriC8ll, Indian,
llUDaican, Haitian, and other cultural plays aud dancing will demoDStrate important events that made this
a city great to live, work and play. The estimated cost is approximately $300.
lDs~lralioD81 %Jeakers will speak about people and meanings that they were motiVated to become
sncc:essful while living in the BO)lDlon Beach area. They will .peak about importauce things thet will
help the people to succeed in life. Empba.size encouragement of being SUccessful while boilding a great
community, The estimated cost is approximately $1,500.
School Chorus ODd Grou/! will display talents that are promoted at Our local school.. They will offer
infurmation about bow others cau join in with the local scbools to enlum.. the community, and build
relationship; The estimated cost is approximately $300.
Food and Water will be provided to replenish the thir.t of the volunteers. Food Vendors will also be.
available. There will be approximately 2000 people attending. The eslimated cost Is approximaJely $500.
z." or Pet AulmallWtiblt will be nsed to teach tolerance aud love for the animals. The exhibit will
introduce children to care for animal. whether pet., farm auimals Or wildlife. The estimated cast Is
approximately $500.
Ponv Rid.. are for the 8I11ll!l children. The children will experience the joy of riding a pony and
educational PWPOse. They will also learn how to feed and care for animal. 8Dd how the pones are cared
for on a daily base to survive. The estimated cost is approximately $500.
Bounce Bo... ODd Water SBde will be available fro the eqjoym.nt of the small children under 8 years
old. The estimated cost is approximately $1,250,
Fam/Jv 8I!d 4dult Gam.. sneb as cards, dominoes, bingo, horse shoes aud other games will be use for
fun 8Dd educational ptupose. They will also be used to improVed communication among adults and
young adults. These games will encoutage and will learn how to interact with each other while bring thc
entire community,/lunilies, adults aud children Iogeth... People will learn about different &ames from
different cultures aud countries. These games will also' emphasize ways we can all worle, play and live
Ipgetber while making and bnilding better community. n.. esllmated cast Is ""proximately $300.
Music Disc Jokev lDJ} will be needed to provide music for the event. The music will be played
through-out the day at different times, It will draw the people and set a mood for the event activities,
The music will represent different culture to draw people together and bring awareness of different
cultures music, The DJ will also make important announcements during the day. The committee will
provide the OJ will material to announce and will also announce events, activities and social services. We
will announce and monitor the events with a microphone and a stage, The estimated cost is
appl'oximate/y $1,500.
Photo2l'aDher will take pictures and videos of the events for keepsake and will be used for future
generations. Pictures will be taken of everything's and all events for families to treasure. The estimated
cost is approximately $800,
Live Band will provide music and entertainment for each group, The bands will illustrate and play
music from different cultures, They will perform music from different cultures. Music will be used to
demonstrate our togetherness and awareness of other culture music. The estimated cost is approximately
$1,500.
Children's Books will be given to each child that attends the event. They will be easy reading books
and picture books for the very young, The books encourage children to read and learn about other
cultures. The event will emphasize that everyone should love to read. to write and to learn together. The
books enhance our children by showing how we are alike and different so we can appreciate others input.
Appreciating those differences will increase the respect of other cultures and people and bridge the gap of
communication and relationships. The estimated cost is approximately $400,
Sums and Advertisements will be an important way to infonn the people about the Heritage Awareness
Celebration event and schedule. They will also display the many different cultures we have in our city.
They win show others the legacies that our children will inherit. They will be used to communicate the
good things about the people and communities in Boynton Beach. The estimated cost is approximately
$1,500.
Gr.ound DeeoratioDs will be used to cover dirt and shell rock and remove debris from the Heritage
Awareness Celebration event area. Decorations will be used to beautifY the environment such as red dirt,
plants and other shrubbery. They will be needed to provide a clean and safe walking and congregation
area for the event. The estimated cost is approximately $1,000.
Art Exhibit and Instructor will be used to education the people on different cultures. Money will be
used to buy paint, paper and other supplies that will be needed to' paint. A stipend will be given to the
Artist that agrees to work in the Art center as an instructor. We will provide spaces for students and adult
to display there art work. The estimated cost is approximately $350.
Awards. Ribbons aDd Certitlcates will be needed for prizes and apprecia.tions. We will need prizes for
the competitions and services. A wards will be given to all who participated in the Heritage Awareness
Celebration event as appreciations. The estimated cost is approximately $1,000.
Double Dutch JumD RODe and Hula HOODS will be used to educational purpose, There will be
competitions among the different cultures and there will be prizes for the contestants. Transportation and
snacks will be provided for the contestants. The estimated cost is approximately $300
2
Masdcians and Balloons for 1000 kids are needed. There will be two (2) magicians to entertain and
perfonn. The artist will be at a price for $500 for 8 hours. The estimated cost is approximately $500.
Radio. IV. NewsDaDer. FIvers and other forms of announcement will be needed. They will be to
publicize the Heritage Awareness Celebration event. The estimated cost is approximately Sl,OOO.
Seeurltl( a least six '(6) security or police officers is needed. They will be needed for a total of six (6)
hours each. The cost is approximately $2,500.
Duster will be used for maintenance of the event areas. Provide the vendors and attendees a place to
place un-useful material. The estimated cost is approximately $1,900.
Media RelatioDs "Me" will be used to help control the programs lineup and announce important
information to encourage the people. The estimated cost is approximately $1,350.
Citv Staffs (Utilities and P8rl~ will be used to assist with the event setup (e.g.t water hookup, tents
setup, and monitor the event). The estimated cost will be approximately $1,500.
Sound Svstem w/Generator will be used to provide the sound for the OJ and Live Band. The estimated
cost is approximately $2,000.
Ground Maintenance will be used to remove debris from the CRA and City property. They will be
needed to provide · clean and safe environment fur the event. The estimated cost Is f1]JJJrOXimately
$3,400.
Toilets win be used for disposing of body waste for attendees. The estimated cost is approximately $450.
Stalfe will be used for a platfol1n for aU the performances. The estimated cost is approximately $700.
3
HoB
Budget Outline
Estimated Costs for Proposed Event
Program: "lntergeperational Gathertng" tentative for July 23. 2011
Dramatic plays and dance (different cultures)
Two (2) Inspirational Speakers
School Supplies
Three (3) School Chorus and Groups
Food and Water for 2000 Participants
Bounce House, Water Slide, and Trackless Train
Family and Adult Games
Music Disc Jockey (OJ)
Photographer (Photo and V ideo)
Signs and Advertisements (4 signs and flyers)
Ground Decorations
Art Exhibit material and lnstructor
Awards, Ribbons, Prizes and Certificates
Double Dutch Jump Rope and Hula Hoops
Magicians and Balloons
Radio, TV, Newspaper, Poster
Media Relations "Me"
SecuritylRec. Staff
Stage
TOTAL:
$ 300.00
$ 800.00
$2.000.00
$ 300.00
$2.000.00
$1,000.00
$ 300.00
$1.000.00
$ 500.00
$1,000.00
$ 350,00
$ 350.00
$ 500.00
$ 300.00
$ 300.00
$1,000.00
$ 500.00
$1,500.00
$ 700.00
514.700.00
Internenerational Gatberin2 2011 Bud2et
J)ate: Tentative fol' July 23, 2011
Subject: Description of events at the "Intergenerational Gathering".
These Intergen~rationaJ Gathering event activities will help build a strong cohesive communities
with diff'erent ethnic background and focus on Unfortunate Youths. The event wUl demonstrate a
pubUc pUrpose that will be visible to.the general public.
Dramatic Plavl and Dance illustrations will bring awareness of different cultures. They will be
demonstrating the different ways different cultures celebrate holidays and traditions; highlighting
contributions that made Boynton Beach a great conununity, The Spanish, African American, Indian,
Jamaican, Haitian, and other cultural plays and dancing wiJI demonstrate important events that made this
a city great to live, work and play. The estimated cost is approximately $300.
InsDirational SDeakers will speak to youths about the important of school and learning and will also
speak about people and meanings that they were motivated to become Successful. They wiIJ speak about
importance things that will help the people to succeed in life. Emphasize encouragement of being
successful in life by continuing education and building a better community. The estimated cost is
approximately $800.
School.SuDDlies will be given to unfortunate children that attend the event. They will received school
supplies such as pack of loose leaf paper, #2 pencils, glue sticks, spiral bound notebooks, white glue, pair
scissors, dictionary, calculator, ruler, white eraser, highIighter pens, pencil crayons, backpacks, etc. These
school supplies win be given to unfortunate students as a starting kit for back to school. The estimated
cost is approximately $2,000,
School Chol1l! and CrouD will display talents that are promoted at our local schools. They will offer
infonnation about how others can join in with the local schools to enhance the community, and build
relationship. The estimated cost is approximately $300,
Food and Water will be provided to replenish the thirst of the volunteers and attendees. There will be
approximately 2000 people attending. The estimated cost is approximately $2,000.
Bounee House and Water Slide will be available fro the enjoyment of the small children under 8 years
old. The estimated cost is approximately $1,000, '
Familv and Adult Games such as cards, dominoes, bingo, horse shoes and other games will be use for
fun and educational purpose. They will also be used to improved communication among adults and
young adults. These games will encourage and will learn how to interact with each other while bring the
entire community, families, adults and children together. People wiIlleain about different games from
different cultures and cOWltries. These games will also emphasize ways we can all work, play and live
together while making and building better community. The estimated cost is approximately $300.
Music Disc Jokev (DJ) will be needed to provide music for the event The mUSIC will be played
through-out the day at different times, It will draw the people and set a mood for the event activities,
The music will represent different culture to draw people together and bring awareness of different
cultures music, The DJ will also make important announcements during the day. The committee will
provide the DJ will material to announce and will also announce events, activities and social services. We
will announce and monitor the events with a microphone and a stage, The estimated cost is
approximately $1,0.0.0.
Photo2rapher will take pictures and videos of the events for keepsake and will be used for future
generations, Pictures will be taken of everything's and all events for families to treasure. The estimated
cost is approximately $50.0.
,
Sil~ns and Advertisements will be an important way to iriform th~ people about the IntergeneratiollaJ
Gathering event and schedule. They will also display the many different cultures we have in our city,
They will show others the legacies that our children will inherit. They will be used to communicate the
good things about the people and communities in Boynton Beach, The estimated cost is approximately
$1,000.
Ground. Decorations will be used to cover dirt and shell rock and remove debris from the
Intergenerational Gatheling event area. Decorations will be used to beautify the environment such as red
dirt, plants and other shrubbery, They will be needed to provide a clean and safe walking and
congregation area for the event. The estimated cost is approximately $350,
Art Exhibit and Instructor will be used to education the people on different cultures. Money win be
used to buy paint, paper and other supplies that will be needed to paint. A stipend will be given to the
Artist that agrees to work in the Art center as an instructor. We will provide spaces for students and adult
to display there art work. The estimated cost is approximately $350.
Awards. Ribbons and Certificates will be needed for prizes and appreciations. We will need prizes for
the competitions and services. Awards will be given to all who participated in the Heritage Awareness
Celebration event as appreciations, The estimated cost is approximately $50.0.
Double Dutch Jump RODe and Hula HOODS will be used to educational purpose, There will be
competitions among the different cultures and there will be prizes for the contestants. Transportation and
snacks will be provided for the contestants, The estimated cost is approximately $30.0.
Malrlcians and Balloons for 1000 kids are needed. There will be two (2) magicians to entertain and
perform. The artist will be at a price for $300 for 4 hours. The estimated cost is approximately $300.
Radio. TV. NewsDaner.. -FIvers and other forms of announcement will be needed, They will be to
publicize the Heritage Awareness Celebration event. The estimated cas! is approximately $ I, 00.0,
SecuritylRec. Staff a least six (6) security or police officers is needed. They will be needed for a total of
six (6) hours each. The cost is approximately $1,500.
Media Relations "Me" will be used to help control the programs lineup and announce important
information to encourage the people. The estimated cost is approximately $1,350..
Staee will be used for a platform for all the performances, The estimated cost is approximately $700.
2
201.0-1.1. FIAJ/\,~ ~\I\,g Request
DRAFT - sV\,.{,aLL "E.uS~Vl-eSs IIWOY~~~'" ~v\'cubatoY pyogyaV\,.{,
cOv\"{'v\"{'U\l\,~ttj ca y~~ ce\l\,tey of"E.otjli\to\l\, "E.eacVt, III\,C.
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ocea\l\, Ave. Cfyee\l\, V\,.{,ay~et
400 6. "E.otjVltO\l\, "E.eacVt "E.Lv~.
"E.otj \l\,tO\l\, "E.eacl1, FL 33435
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V\-eeo. jobs, as.sLst[AV\..ce wLtl1 o.eveLcrpLV\..g s.VIA.[ALL busLV\..esses. [AV\..0.
VlA.Lcro-busLV\..ess.. l11Ls. Ls tl1e grec.lse for our wl1eeLs. of co VlA.VIA.erce,
wl1eV\.. V\..eLgl1borl-1ooo.s tl1rLve/ -pecrpLe feeL s.c.lfe. success.fuL LOCc.lL
ecoV\-oVlA.Les -pLc.ltj ClV\.. LVIA.-portc.lV\-t roLe for gLobc.lL ecoV\..oVlA.Les to wor~.
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wLtl-1Lv\' tl-1t c-oVlA.VlA.uV\-Lttj, [AV\..ol fosters. eVltt-powerVVleV\..t ClV\,ol rc.lLse
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Iv\'cubliltor prog rlil V\.i\.
ProposlilL: Request for tViree (3) tjelilrs of fUv\'olt~, begtV\,V\,t~ tVie ftrst
tjelilr lilt .tT~OOO to wor~ wttVi liI V\.i\.tV\,tV\.i\.UV\.i\. of is SV\.i\.liILL bustV\.tSses
liIV\,ol olecrelilstv\'g fUv\'olt~ elilcVi succeeoltVvg tjelilr liIS tVie tMubliltor V\.i\.oves
towlilrols sustliltv\'liIbtLtttj. The tv\'cubliltor wtLL provtole liI set of oleLtverlilbLes
tVililt tv\'cLuole trliltV\,tVvg, bustV\,ess 5 V\.i\.li1r~eH~ pLliIV\,S, creoltt repliltr, etc.
lIVta~t~ tVieV\.i\. eLtgtbLe for V\.i\.tcro-eV\,terprtse LolilV\, fuV\,oltV\,g, CRA SV\.i\.liILL
bustll'veoSs grlilv\'ts liIV\,ol preplilreti to provtole jobs aV\,ol reoluce tVie ctttj's
VlilClilMtj rlilte. Cost wouLol be ~~ooo per tjelilr for is SV\.i\.liILL bustV\,ess
tVI-Cubliltor cLtev\'ts: see liIttlilcViV\.i\.elllt Request liIVl-OluttLtzliIHov\' of FuV\,ols.
DesctipHov\':
The DceaV\, AVe. l:1reeV\, MliIr~et CliIf~ ts liI uV\,tque 2,000 sq ft,
4~-selilt R.e.stlilurlilV\,t/MliImetlDeLt/B.liI~ertj tVililt offers sVililreol
uslilge of liI cOV\.i\.V\.i\.erctlilL ~ttcViev\' liIV\,ol retliltL V\.i\.liIr~et splilce to
Mwoutol-bew ellltrepreV\,furs aVl-Ol/or e)(tsttVvg bustV\,esses. The
tv\'cubliltor provWles tec~V\,tc.aL liIsststlilVI-Ce aV\,ol liI V\,urturtV\,g splilce
tVililt liIsstst tv\'cubliltor cLt,fV\,ts tV\, tVie oleveLopV\.i\.eV\,t of tVietr bustv\'ess
cov\'cept. The co-operlilHve V\.i\.ooleL offers sVililreol uslilge VieLptVvg to
reoluce lilolV\.i\.tv\'LstrlilHve overVieaol e)(peV\,ses tV\, tVie elilrLtj stlilges of
bustV\,fsS oleveLopVlA..eV\,t.
The tMubliltor setH~ provtoles H-DP6 liIV\,ol H-6LP. It tVI-Crelilses t~e
success rlilte of eV\.i\.ergtv\'g SV\.i\.liILL bustv\'esses. It liILLows for liI Iftest
yuV\,W to oleterVlA..tv\'e tVie vtlilbtLtttj of tVietr prooluct, tMrelilse tVietr
V\.i\.liIr~et sVililre, oleterV\.i\.tVve tVietr stlilV\.i\.tv\'liI, tlilLeV\,t, liIV\,ol test persoV\.c.tL
support structures, liILL v\'ecesslilrtj to tV\,sure tVietr success rate.
- 3-
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~lAtjoV've Cts~eti to c~ter ~ fV<.V'vcHOlAi b~~ers offer to "provL~e w~Lt
st~ff ~V'vtX blH-teV'vtiLlAg ~ssLst~V'vce to clttefs tiV<.rLV'vg food. seyvLce
tLVVtes, etc.
TVle CfreeV'v M~r~et Ls lA progr~VVt of the itwor~LlAg" LVl-CV<.b~tor. It Ls
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sh~re, test s~VVtpLe V'vew 'Pro~ucts, verLftjLlAg quaLLttjaV'vd. 'Prl-cLV'vg,
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V'vutYitLoV'vLst, wLlAes, coffees, teas, etc,
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'PrLorLttj g LveV'v to "Botj V'vtoV'v "Bea CV1 resLoIelAts.
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ctttj occupattoV'vaL LtceV'vstV'vg ... chefs/caterers, DtpavtVVteV'vt of
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OVl- MLK "BLvol, Kc.tLeolLoscope, DeLrCltj Affc.tLr, etc.
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- 5-
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Develop /VIa rketil/vg pta I/v/
participatiol/v il/v tocat
evel/vts/ i.e. 'A Taste of
l5o/jl/vtol/v/ Artavox/
l5O/jl/vtol/v Cjreel/v /VIarket
chamber of commerce/
trade shows al/vd trade
associatiol/vs/ Dceal/v Ave.
C;reel/v /VIarket cafe
evel/vts, i.e. Friday Night
'.Jazz, Interl/vatiol/vat
Summer Nights
Dil/vl/vers, wit1,e pairit1,g,
spa weUl/vess events,
website development
Networking
opportu nities
prov!de Training to ~1.~OOO
:1..5 incubator clients
@ 4:1./000 en
Record keeping/
policy and procedures/
hospitality, quaLity
assurance.- busns
trade technique and
operations, marketing
techniques
TOTAL 6X'P6NS6S:
-t~ooo
-8-
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I Reqvtest M\.oIlAt~L~ZllhoV\. of FvtV\.ClS
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INCOM6:
eRA Fuvwiing
~T~OOO
TOTAL INCOM6: -t~ooo
6XP6NS6S:
Provide TeohnicaL
AssistaJll,Oe to :15
iJll,Oubator oLients at
4:4000 ea.
.f30,OOO
/!/LcLudes trai!/Li!/Lg
programs/ husi!/Less
structure/ tl/'vsura//Lce/
Lice!/Lsi//Lg/ me//LtoYl-!/Lg/
husi//Less /fra !/Lchise
pla!/Ls/ credit repair/ logo
d esig!/L/ //La me
hra //Ld i//Lg /!/LutritiO!/L
lahdi//Lg/ wholesale
memherships/ pate!/Lts/
trademarks/ packagi!/Lg/
quaLityassura//Lce/
Provide Marketing ~30,OOO
assis.taJll,Oe to :15
iJll,Oubator oLients @
4:4000 ea
I
_._-~-------~--_._--~--_._. -.
Harris. Susan
From:
Brooks, Vivian
Sent: Wednesday, May 19, 2010 11 :57 AM
To: Harris, Susan
Cc: Bright, Lisa
Subject: FW: Draft - Small Business 'Working" Incubator
Attachments: Working Incubator Concept.doc
Susan this is for budget packet for 10/11. Thanks.
Vivian L Brooks
Assistant Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, FL 33435
561-737-3256
brooksvi@bbfl.us
"Energy and Persistence Alter All Things."
Benjamin Franklin
--?
From: sherryccc@aol.com [mailto:sherryccc@aol.com]
Sent: Monday, May 17, 2010 6:48 PM
To: Brooks, Vivian
Subject: Draft - Small Business "Working" Incubator
Vivian
I recall a mention that you may be on vacation -
I've added to the draft for your consideration and I'm forwarding to you so that when you return
you may be able to provide comments
5/19/2010
page I or 1
Harris, Susan
From: Bright, Lisa
Sent: Thursday, May 20,20102:26 PM
To: Harris, Susan
Subject: FW: Follow up to meeting last summer
For budget request
From: Paul Maresca [mailto:paulmaresca@bellsouth.netJ
Sent: Thursday, May 20, 2010 1:40 PM
To: Bright, Lisa
Subject: Re: Follow up to meeting last summer
Thank you Lisa. I will look forward to hearing from you as soon as you have some feedback.
Regards,
Paul L Maresca
www.GreatDealslnMvCitv.com
(561) 414-5602
_____ Original Message -un
From: Brioht. Lisa
To: Paul Maresca
Sent: Thursday, May 20,201011 :37 AM
Subject: RE: Follow up to meeting last summer
Paul
I believe the Board IS committed to small business growth in the eRA and your proposal is very
reasonable.
I can utilize this email as a point of discussion for our August Budget heanngs and will do so, unless
you advise otherwise
Lisa
From: Paul Maresca [mailto:paulmaresca@bellsouth.netJ
Sent: Wednesday, May 19, 20104:48 PM
To: Bright, Lisa
Subject: Re: Follow up to meeting last summer
Good afternoon Lisa,
On the CRA website, it appears that under "Economic Development" you have 350-400
businesses itemized by category. If you compare the category listings (Food Dining, Auto,
etc.) you will notice these categories are nearly identical to the categories listed on
www.GreatDealslnMvCitv.com
I wanted to share a thought with you prior to any formal proposal. My thought is to allow
all businesses currently listed on the CRA website to advertise for 1 year on
GreatDealsInMyCity at a flat cost to the CRA of $10,000. Although many businesses may
have chosen not to participate in your free videos, I can assure you, very few businesses
will turn down free advertising. There will be no limit to the number of businesses we will
Page 2 of3
accept as long as they are listed on the CRA website. Unlike the burden of your video campaign,
we will take care of reaching out to all CRA listed businesses and be able to complete them very
quickly.
If you read our merchant testimonials, you will see that we currently attract real consumers to
area businesses. http://www.Qreatdealsinmvcity.com/testimonials.php
I think of this proposal as a "CRA Marketing Program" under your "Economical Development".
What are your thoughts?
Regards,
Paul L Maresca
www.GreatDealslnMyCitv.com
(561) 414-5602
----- Original Message __m
From: Briaht. Lisa
To: Paul Maresca
Sent: Monday, May 17, 2010 10:01 AM
Subject: RE: Follow up to meeting last summer
Hi Paul,
Yes, we completed all the requested videos by our downtown merchants, Many were not interested even if it
was free.
Our upcoming budget cyde starts in July and it would make the most sense for you to prepare a proposal for
the eRA Board's consideration during this process. We have already received several proposals/requests for
funding and I believe this would be the most effective process.
Lisa
From: Paul Maresca [mailto:paulmaresca@bellsouth.net]
Sent: Thursday, May 13, 2010 8:37 AM
To: Bright, Lisa
Subject: Follow up to meeting last summer
Good morning Lisa,
I just thought of you today and would like to see how things are going since our meeting last
5/26/2010
l~ l'
summer. Were you ever able to complete the video project on the businesses in Boynton
Beach? If so, perhaps we can discuss a way for me to promote them on
www.GreatDealslnMyCili--,-com. Since our meetin9f we have uploaded over 500 merchants who
advertise their great deals with us. We have had over 10,000 coupons printed by local
consumers. We have also completed the purchase of a major stake in our partner website,
www.PremierFloridaDininQ.com.This website offers local restaurant dining certificates to
consumers at 500/0-600/0 off face value!
As alwaysf I welcome any opportunity to attract more $$$ to the businesses in my home town of
Boynton Beach,
http://www.9reatdealsinm-Y9!Y.comLLmag~~LbLi1!r!:L<:le..~<:n::~!I~hot.iR9
I look forward to hearing from you,
Regards,
Paul L Maresca
www.GreatDealslnMyCitv.colT!
(561) 414-5602
5/26/2010
r~~)l
\
SainI John Missionary Baptisl Church
-600
Missionary
Ba!!tist CHurch
900 NOf1h Seaeresl Boulevard
Boynton Beach, Florida 33435
OffICe II 561. 732.23n
Fax 11661-732-3270
RellBTend Lance Chaney, Pastor
July 8, 2010
Lisa Bright, CRA Director
City of Boynton Beach CRA
915 South Federal Highway
Boynton Beach, FL 33435
Dear Lisa:
For over 100 years S1. John Missionary Baptist Church has been a pillar in the city of Boynton Beach, Pahn Beach
County, and the general south Florida area. Thousands of families and individuals have been touched by our
ministry and outreach. As our congregation approaches nearly 3000 members, we look fonvard to doing even more
in the future.
On September 25, 2011, we will be cuhninating our 103rd anniversary celebration with the "Community Family
Reunion in the Park", This community-based annual event has taken place for the last nine years with tremendous
success. In 2009 we had over 1300 attendees that traveled to the City of Lake Worth to join in. Our estimates for
the 2010 event were 2500 attendees. We feel that with our past successes and continued efforts it is reasonable for
us to prepare for 3000 guests this year,
The event, once again, will take place directly in the heart of the community we serve. With major support from our
congregation, combined with our comprehensive marketing efforts, we are expecting, and preparing for, more than
2500 attendees, The focus of this event continues to be bringing together families throughout the city of Boynton
Beach, and the surrounding areas and encouraging unity.
We hope to continue partnering with the CRA to host this event. We are requesting $20,000 to help with the costs
such as Jive entertainment, food, games and activities for all ages. As ahvays, these items will be absolutely free to
the community at large. In addition to your support we are requesting sponsorship from several businesses and
organizations to help make this day a memorable one for the citizens of Boynton Beach.
We look forward to continuing our partnership with you for this phenomenal event that will reach thousands in the
heart of Boynton Beach,
Verytru~urs,
~,~
Rev. Lance Chaney
Senior Pastor
R~~#b!~g The Redeemable
't1"lili(~~~ IIIrDughHlsblooct
. '. '. .'.Vle'1cltpIIItmaI d sfns.1lCCOfff/fl1o Iht
Ifches of His grace . ErA f:1
Finance Committee Event Budget Review
St John Missionary Baptist
Projected Budget
Community Family Reunion in the Park
September 25,2011
Projected EXI enses Amount
Food $6,000
Master Sound Productions (tents, stage, sound, tables, chairs,
engineer, stage hands - 9,500
Trophies 350
._-
OJ 500
Park rental 150
DeDosit for park rental 100
Marketing 1,000
Play Structures (4 bounce houses, 2 rock walls, 1 dunk tank, 3 face
painters, 4 generators, 4 attendants) 2.995
Pool Fees ($8 adults x 20, $4 per child x 70) 440
Sims. Multi-1)U11l0Se Room ($80 Der hour x 6) .----
480
Wilson Park - ($15 per hour 10) 150
Porta poties( $90 ea x 8) 720
Entertainment 1,000
- -
Total Projected Expenses S11385
MinIstry President
Chairperson, Finance Committet>
Department Chair
Rev. Lance Chaney, Pastor
Prepared 712612010
Lisa Bright} CRA Director
City of Boynton Beach CRA
915 South Federal Highway
Boynton Beach} FL 33435
\~f,' .,
',4 .
" ; t" :~
II i'
, C,
~ " "
July 29} 2010
Dear Lisa:
I} Lena Rahming} am requesting $5} 000 from the eRA. For over 48 years} the Boynton Beach Child Care
Center Inc have been feeding the poor} shut-ins, disabled, homeless, walk-ins, and disadvantage for
Thanksgiving Meals. The Boynton Beach Police Department plays a major role in assisting us with
getting the meals to the community, Volunteers from various agencies, organizations and neighboring
cities come out to assist us in packing the meals. The residents} community people} Head Start parents
and children come out to the school and pick up their meals (one for their supper and one for
Thanksgiving Day).
The City of Boynton Beach has cut $5}000 from our funding due to other social service and educational
obligations. The $5,000 is used to help buy the food. Other agencies are also having difficulties
contributing.
We feed over 2,000 people and also have people coming from other cities asking for a plate of food.
Our own children at Head Start and families are in dire need of the food, especially in this economically
depression. The event will take place at the Boynton Beach Child Care Center Inc (909 NE 3rd Street).
We have made this an annual event for the past 48 years and it has been a great success. Numerous
visitors from the US Congress, US Senate and State Officials have been very impressed.
I look forward to your kindness and I know that with every mouth that is fed} especially our children
here at the Boynton Beach Child Care Center Inc, your blessing will be bountiful knowing that you have
done your part in the world that we live in. May God continue to bless you. \:-
/ APpr~ciativel~ YOurs,~ .' 10~ '00 ~Of
Cen r Director I ~
~ff ~
I' (
1~~\Q\)~
r tt~<:tY~T2~ICRA
IIIIi East Side-West S",de-Seaside Renaissance
eRA BOARD MEETING OF:
September 14,2010 - Tabled 8/17/1 0
I Consent Agenda IX I Old Business I I
New Business
Legal I I Executive Director's Report
SUBJECT: Consideration of Lease for 710 N. Federal Highway, Boynton Beach, Florida
SUMMARY:
· At the August 10th CRA Board meeting, the CRA Board directed CRA counsel to finalize lease
terms with Mr. Art D' Almeida, principal of 71 0 Boynton Partners LLC for the property at 710 N. Federal
Highway, Boynton Beach, Florida.
· Attorney Cherof arranged a conference call with Mr. D' Almeida for Wednesday, August 11 th at the CRA
offices with the CRA Executive Director for discussion and finalization of the lease agreement.
· The enclosed lease represents the results of the negotiation,
FISCAL IMPACT: FYlO-11 - Budget Line Item - 01-5160-205- $78,012,00
CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community
Redevelopment Plan
RECOMMENDA TIONS:
1. Approve the lease between 710 Boynton Partners, LLC and the Boynton Beach Community
Redevelopment Agency.
2. Not approve the lease.
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COMMERCIAL LEASE
This Lease Agreement is made and entered into as of this _ day of August 2010, by
and between 710 Boynton Partners, a Florida limited liability company, located at 105 East
Palmetto Park Road, Boca Raton, Florida 33432, hereinafter "LESSOR" and Boynton Beach
Community Redevelopment Agency located at 710 North Federal Highway, Boynton Beach,
Florida 33435, hereinafter "LESSEE", LESSEE hereby offers to lease from LESSOR the
premises situated in the City of Boynton Beach, Florida, County ofpalm Beach, State of Florida,
described as 710 North Federal Highway, Boynton Beach, Florida, 33435, together with all
buildings, improvements and appurtenances located thereabout, thereon or therein,
1, DEMISE LESSOR, for and in consideration of the rents hereinafter reserved, and the
terms, conditions, covenants and provisions contained in this Lease, hereby leases to LESSEE,
and the LESSEE hereby takes and hires from the LESSOR, subject to the terms and conditions
contained in this Lease, the Premises, together with any and all rights, privileges, and easements
benefiting, belonging or pertaining thereto.
2, TERM The Term of this Lease shall be ten (10) years.
3. LEASE COMMENCEMENT DATE The term of this Lease shall commence upon the
Effective Date (the date upon which both LESSOR and LESSEE execute the Lease).
4. RENT The payment of rent shall commence upon the date of completion of the
building renovations, as outlined in Exhibit "A" and Exhibit "B", and the issuance of a
Certificate of Occupany by the City of Boynton Beach, LESSOR shall provide notice to
LESSEE as to the completion of the building renovations and the issuance of the Certificate of
Occupancy. Rent shall commence on the firHday _Qf rile. month [pllgwlllg this notice. LESSEE
agrees to pay to LESSOR the Base Rent plus increases, Expenses (as hereinafter defined) and
applicable sales tax,
(hereinafter "Rent"). Rent shall be as set forth below for the said Premises, without offset or
deductions, and without previous demand therefor, said rent payable monthly on the first day of
each and every month:
1st Year of Lease Term: $4,608.00 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $6,501.00
plus applicable sales tax.
2nd Year of Lease Term: $4,838.40 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $6731.40
plus applicable sales tax.
I Deleted: dale of
3rd Year of Lease Tenn: $5,080.32 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change ,= $6973.32
plus applicable sales tax
4nd Year of Lease Term: $5,334.34 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $7227.34
plus applicable sales tax,
5th Year of Lease Term: $5,601.06 per month base rent plus 5>1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $7494.06
plus applicable sales tax
6th Year of Lease Term: 5>5,881.11 per month base rent plus $1,893,00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $7774.11
plus applicable sales tax.
7th Year of Lease Term: 5>6,175.17 per month base rent plus $1,893,00 estimated
Expenses (real estate tax, maintenance and insurance which is subject to change) = 5>8068.17
plus applicable sales tax.
8th Year of Lease Term: $6,483.93 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $8376.93
plus applicable sales tax,
9th Year of Lease Term: $6,808.13 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $8701.13
plus applicable sales tax,
lOth Year of Lease Term: $7,148,54 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $9,041.54
plus applicable sales tax.
All Rent (defined as Base Rent as set forth above plus Expenses as defined below)
required under this Lease shall be paid by automatic monthly bank transfer to LESSOR's bank
account. If any payment of Rent is not received by the LESSOR within seven (7) days of its due
date, LESSEE shall pay to LESSOR a late fee equal to five percent (5%) of the outstanding
balance due LESSOR. The late payments shall be paid for each rental payment not received by
the LESSOR within seven (7) days of its due date.
5. RULES AND REGULATIONS LESSEE, at its own cost and expense, shall properly
observe and comply with all present and future laws, ordinances, codes, requirements, orders,
directives, rules and regulations of all governmental authorities affecting the LESSEE's use of
the Premises, including but not limited to making non-structural modifications to the Premises to
comply with any state or federal laws or regulations affecting the accessibility of the Premises
for disabled persons. LESSEE shall also comply with any and all reasonable rules and
I Deleted: pa)'able 10 the LESSOR althe
address sel forth berein, All rent sholl be
Deleted: In the e\'ent any check is
returned because ofinsuflieient funds or
other"ise that ba,'e been submined 10
LESSOR for the payment of Renl or
other pl}ments due under this Lease. then
the check{s) shall be immediatel)'
replaced by LESSEE with a cashier's
cheek nom a bank in Palm Beach
County. Florida or other locatioD where
LESSEE has a corporale bank accoun~
I and in addition to any late pa)1llenl
I' penalty pro\'ided abo\'e, there shall be an
additional charae of51oo.oo for
incoD\'enimce caused to LESSOR for
handling the returned check There "ill
I be a 525.00 charge for any notice Jener
: required under this Lease ~
regulations imposed by LESSOR.
6, RISK OF LOSS All personal property placed or moved into the Premises shall be at the
risk of LESSEE or of the owner of such property, and LESSOR shall not be liable for any
damage to said personal property, or to LESSEE, arising from the bursting or leaking of water
pipes, or from any act of negligence of any LESSEE or occupants of the building, or of any other
person whomsoever. It is further agreed that LESSOR shall not be liable for any damage or
injury by water which may be sustained by LESSEE or other person, or for any other damage or
injmy resulting from the carelessness, negligence or improper conduct on the part of any person
whomsoever, or by reason of the breakage, leakage or obstruction of the water, sewer or soil
pipes, or other leakage in or about said building.
7, SECURITY Upon execution of this Lease, LESSEE shall deposit with LESSOR Six
Thousand Five Hundred One Dollars ($6,501,00) representing a security deposit that LESSOR is
to retain as security for the faithful perfoonance of all the teons and conditions of this Lease,
LESSOR shall not be obligated to apply the security deposit on rents or other charges in arrears,
or in damages for failure to perform the terms and conditions of this Lease. Application of the
security deposit to the arrears of Rent payments or damages shall be at the sole option of the
LESSOR, and the right to possession of the Premises by the LESSOR for non-payment of Rent
or for any other reason shall not in any event be affected by the security deposit. The security
deposit is to be returned to LESSEE if the J,.l..:.SSEE,hjls limelv_PJ!!il1\:nt for a ~rjog.QfjJ1jIty-~i:\
ll.611n91.1!lJsorLifL~lltMiJ\ot beelltim~!X-l}aid in the filst thirty-six 06tm.onllt when this Lease
is ternlmated, according to the teons of this Lease, if not otherwise applied by reason of any
breach of the terms and conditions of this Lease by LESSEE. LESSEE expressly acknowledges
that LESSEE shall not have the right to apply the security deposit to Rent. In no event is the
security deposit to be returned until LESSEE has vacated the Premises and delivered possession
to the LESSOR. In the event the LESSOR repossesses the Premises because of the default of the
LESSEE or because of the failure by the LESSEE to cany out the teons and conditions of this
Lease, LESSOR may apply the security deposit to all damages suffered as of the day of
repossession and may retain the balance of the security deposit to apply to damages that may
accrue or be suffered thereafter by reason of a default or breach of the LESSEE, LESSOR shall
not be obligated to hold the security deposit in a separate fund, but may mix the security deposit
with other funds of the LESSOR, and LESSOR shall not be obligated to pay interest to LESSEE
on the security deposit or advanced rental.
I ,
LESSOR also acknowledges receipt of the first month's rent in the amount of Six
I Thousand Five Hundred One Dollars ($6,501,00),
8, LESSEE'S TAXES AND UTILITY EXPENSES During the Tenn of this Lease,
LESSEE shall pay, before the same shall become delinquent, all personal property taxes, sales
taxes, and such other taxes, iLaj.1Q1icahlc,,as may be payable by reason of operation of LESSEE's
business. During the Teon of this Lease, LESSEE shall pay, before the same shall become
delinquent, all charges for utilities and similar services furnished to the Premises for the
occupants thereof..t~!::cSSOIUll\g Ui~srt.~lHl.ll.m,)l'k cQupslmive1y !Q l1~~k l'l:d~ti()U 11.1'.
~ssrfw1iQltQtJ.i!~~~ a..pp.li~aQI~ 10 1~~lIQLJ,)crsollaJ pJqp~J!l, _\},h'::'!l~uchJsgl!ction,!~ rt~tennitl~ ,Qy
Deleted: As further security for the
failhfuJ pcrl"ormance of the lerms and
conditions of this Lease, LESSEE hereby
pledges and assi8llslo LESSOR 8ll oflbe
furniture, 6xtw:ts,goods and chattels of
LESSEE, which shall or may be broughl
or put on said Premises, and the LESSEE I
l agrees thaI said lien may be enforced by
, distre.., foredosure or other process of
law II the elcction of LESSOR. and
LESSEE agrees to pay reasonable
attorneys' fe.., 'OSethcr wid! 8ll costs and
charges inclDud or paid by the LESSOR
: by rca.son of LESSEE's failure 10 perform
l any of thelem15 and conditions of this
lease, which sums shall bear inlerest al
the highest rale pennillcd by la...f
I-D~'eted: and rh;~ounl of Six ']
Thousand Five Hundred One DoU....
J (S6,~ 1.00) to be appUed toward the last
month's renl
(D~i;t;d;-' 1
. I" '. ". , . \ ~ . ~J
9. EXPENSES ,LESSEE shall pay, as additional Rent and with the monthly Base Rent
payments, all expenses;j'i~cj ,[1<:J9\\'. The annual estimated Expenses shall be calculated by
LESSOR and paid by LESSEE on a monthly basis (one-twelfth per month).
Expenses shall include, but are not limited to: LESSOR's cost of operating the Property,
including but not limited to, operating, managing, equipping, policing, protecting, lighting, trash
removal, landscaping, all licenses, fees, pennits, repairs, and replacements necessary to maintain
the Property in the same condition as when demised to LESSEE
ExpenSes;~y applicable Real Estate Taxes" It is agreed by the Parties that LESSEE
shall be responsible for all applicable Real Estate Taxes for the entire parcel of property located
at 710 North Federal Highway, Boynton Beach, Florida 33435,
Real estate taxes shall be paid to LESSOR on a monthly basis with the rent in an amount
equal to 1/12 of the estimated annual real estate property tax. Any deficiency in the monthly
amount paid for real estate taxes shall be paid in full upon receipt ofthe current year's tax bilL
J'i lV'j'llit:JQ.l<,~Cj illaUll~mllK(~G:\I...:pl al ;,.[, tilJJh.l'l l'i\J,'~liiph lot u :he j.!!Ot~IJY
" icl.;ldil!~! Illtt nd liI1l:1l1tg,J}jltl}1.til1g, 11l8i'ag.ing, ellllivping,PQlicin~"" pfl.l!s:dil~~ ) :ghling,rr,,'J ,.
(<?(Iltwal. landsu.lJliliu' liccnscJ;.~k~~"p_"rmjts. rCPJliJs,i:lml t"l~hKemeills n~,:d,;:tl'Y to 111i1ini:\ii
ik; f'n~ll~d\i ill Iii, :'Pl(' ~:0ndilion as wh<,,!)_~_<?mis\'cI b LESSE1~
10, USE OF PREMISES The Premises shall be used to house the administrative offices of
the Boynton Beach Community R~',J,evelopment Agency and for no other purposes whatsoever.
LESSEE shall be permitted to utilize the parking lot for outdoor seating or events as per City
Ordinance. The Premises shall be at all times properly licensed and operated as set forth above.
LESSEE recognizes that is it impOltant to LESSOR to keep the use of the subject Premises as set
forth herein; accordingly, any change or tennination of the use of the Premises shall be
considered a default under the Lease and LESSOR shall be entitled to all remedies as provided
for herein. LESSEE acknowledges that LESSOR has made no representation to LESSEE as to
LESSEE's use of the Premises and LESSEE confinm and acknowledges that LESSEE has made
its own investigation conceming LESSEE's use of the Premises
LESSEE shall not use or occupy, nor pennit or suffer the Premises, the Property, or any
part thereof to be used or occupied for any unlawful or illegal business, use or purpose, nor in
any way in violation of any present or future govemmentallaws, ordinances, requirements,
orders, directives, rules or regulations,
11. ACCESS TO THE PREMISES During all reasonable hours, LESSOR or LESSOR's
agents shall have the right, but not the obligation, to enter upon the Premises to examine same, to
exhibit the Premises to prospective LESSEEs and during the last 180 days of the term of this
Lease or any renewal thereof, to exhibit the Premises to prospective LESSEEs, and to make such
Deleted: It is the intention of the partie;
lbal this lease sball be treated in all
fespeels as a triple net lease; it being the
intention of lb. parti.s lhat LESSEE shall
be responsible for the pa)'Illent of ey.r)'
.'pense incurred by LESSOR in the
o"nership and operation of the Propeny
and LESSEE's Premis."
Deleted: also
Deleted: nclude
Deleted: (regular or spe"ial) and all
applicable co,ts of[nsurance as deemed
appropriate by LESSOR
Deleted: D
Deleted: and LESSEe.. satisfied ,,;th
i S8lI1e and accepts the Premises for
I LESSEE's use "AS IS, WHERE IS",
repairs as may be required of the LESSOR under the tenns of this Lease, LESSOR agrees not to
unreasonably interfere with the operation of LESSEE's business. LESSOR shall have the right to
post a "For Rent" sign the maximum size of 4' X 5' which will be displayed on the store front
window during the last one hundred eighty (180) days of the tenn of the Lease or any renewal
thereof.
12, RENOVATIONS and REPAIRS LESSOR shall use its General Contractor to complete
the renovations and repairs set forth in Exhibit "A" and Exhibit "B" attached hereto. LESSOR
shall be responsible for the payment of all costs associated with the completion of the
renovations and repairs set forth in Exhibit "A". LESSEE shall be responsible for the payment of
all costs associated with completion of the renovations set forth in Exhibit "B". Within 14 days
of the execution of this Lease Agreement, LESSEE shall provide sealed architectural plans ready
for pennitting for the interior build-out set forth in Exhibit "B" to LESSOR. Upon request by
LESSOR and prior to commencement of the renovations set forth in Exhibit "B", LESSEE shall
make payment to LESSOR or its general contractor of an amount sufficient to cover the costs of
the said renovations,
13. ALTERATIONS BY LESSEE LESSEE may install at its expense such tenant
improvements, fixtures and finishes in the Premises, beyond those contemplated in Exhibit "A"
and "B that LESSEE deems necessary and desirable, subject to applicable codes and regulations.
However, LESSEE shall not, without first obtaining the written consent of LESSOR, make any
alterations, additions or improvements in, to or about the leased premises. LESSOR's consent
shall not be unreasonably withheld. All work perfonned on the leased premises shall be done by
LESSOR'S General Contractor. All renovation work shall be properly permitted with the City of
Boynton Beach and shall comply with all City, County, State and Federal govemmentallaws,
ordinances, requirements, orders, directives, rules or regulations,
14. REPAIRS LESSOR shall perform necessary repairs to the roof and exterior
structure of the leased premises, The LESSOR shall have no liability for failure to perfonn this
obligation to repair unless the LESSEE shall have first given the LESSOR written notice of the
need for such repairs and a reasonable amount of time to conduct such repairs,
Upon LESSEE taking possession !\!ld-'~Qmp.lelioll \,Ult9 jllllH!lYYill~j)ls~~! fonh Qli
);,~jJjbiJ "A'~ LESSEE acknowledges that the premises, both interior and exterior, are in good
condition and that all fixtures, equipment and appurtenances are in good working order, and
agrees to maintain the interior and exterior Premises in the same condition, order and repair as
they are at the commencement of this Lease, and agrees to maintain and make all repairs and
replacements in and about the interior Premises necessary to preserve them in good order and
condition, which maintenance, repairs and replacements made by LESSEE shall be performed by
licensed and insured workmen in equal quality and class to the original work. LESSEE shall
promptly pay the expense of any such maintenance and repairs or replacement. LESSEE further
agrees to repair, replace and maintain in good and safe condition the electrical, wiring, plumbing
and heating/air-conditioning equipment and any other equipment upon the demised premises and
shall surrender the same, at termination hereof, in good condition, nonnal wear and tear
excepted, In the event LESSEE fails to maintain and/or repair the demised premises, as required
herein, LESSOR may conduct such maintenance and/or repair as it deems appropriate and
recover such costs from LESSEE within ten (10) days of presenting written documentation of
such repair and/or maintenance costs,
15. INSURANCE ilh..,_' 1'.'iJ l,illl,"l'.,-:cl'!.I, 11;1,1[18>' ,15 [llVI'i.';!\'lI
I'y Qs'i<lhllJ /(,&)8- F1';11(1<1 S!a;lk" (luring the tenn of this Lease, the LESSEE shall obtain, at
LESSEE's expense, general liability insurance, satisfactory to LESSOR, issued or endorsed to
insure the LESSOR and any mortgagees from and against any and all claims, suits, actions,
damages and/or causes of action arising during the term of this Lease for any personal injury,
loss of life and/or damage to property sustained in and about the Premises, by reason of or as a
result of LESSEE's occupancy of, and from and against any order, judgments and/or decrees
which may be entered thereon, and from and against all costs, attorneys' fees, expenses and
liabilities incurred in and about the defense of any such claim and the investigation thereof, for
an amount not less than One Million Dollars ($1,000,000) for bodily injury and liability and for
an amount not less than Fifty Thousand ($50,000) for property damage. Such insurance shall
name the LESSOR and any mortgagees as named insured as the LESSOR's and any mortgagee's
interests may appear. The insurance policy shall be issued by an insurance company satisfactory
to the LESSOR.
In addition, LESSEE shall obtain, at LESSEE's expense, , fire and extended insurance
coverage in amounts acceptable to LESSOR covering all fixtures, equipment, improvements and
goods located in or on the Premises.
The LESSEE shall deliver to the LESSOR these insurance policies or copies or
certificates thereof immediately upon cOlmnencement of the Lease and annually thereafter, upon
renewal ofthe policies, to assure the LESSOR and any mortgagees that the coverage afforded by
the policies is being maintained continuously by the LESSEE and that the premiums therefor had
been paid by the LESSEE. LESSEE shall also immediately deliver to the LESSOR any notices
of tennination of insurance coverage. LESSEE shall cause its insurer(s) to provide LESSOR
thirty day's written advance notice of any cancellation of coverage.
LESSOR shall obtain, at LESSEE's expense, casualty and liability insurance coverages
in amounts satisfactory to LESSOR, including coverage for fire, wind, flood and extended
coverage to cover the cost of repair or replacement ofthe demised Premises.
16. SUBORDINATION This Lease shall be subject and subordinate to any mortgage that
now encumbers or affects the Property or that the LESSOR or any subsequent owners of the
Property, may hereafter at any tinle elect to place on the Premises, including but not limited to a
purchase money mortgage which may be held by LESSOR as a seller, and to all advances,
extensions, or modifications already made or that may be hereafter made on account of any sllch
mortgage, to the full extent of the principal sum secured thereby and issued thereon.
Furthermore, LESSEE shall, upon request, execute any paper or papers that LESSOR's counsel
may deem necessary to accomplish such subordination of LESSEE's interest in this Lease, in
default of which LESSOR is hereby appointed as LESSEE's attorney-in-fact to execute such
paper or papers in the name of LESSEE and as the act and deed of LESSEE, and this authority is
l !ormalted: Font: Times New
Deleted: D
I Oeleted: Busine" Intenuplion
hereby declared to be coupled with an interest and irrevocable.
17, ASSIGNMENT AND SUBLEASING LESSEE shall not assign this Lease, or otherwise
transfer any interest in this Lease, without the prior written consent of the LESSOR, which
consent shall not be unreasonably withheld, No consent to an assignment or sublease shall
release LESSEE from any obligations under this Lease.
LESSEE shall not sublet portions of the Premises without LESSOR's prior written
consent, which shall not be unreasonably withheld. If a sublease is pennitted by LESSOR,
LESSEE agrees to fuOlish LESSOR with a photostatic copy of each sublease made for space ill
the Premises.
LESSEE shall not hypothecate, transfer, pledge or othenvise encumber this Lease or
LESSEE's right hereunder nor shall LESSEE pennit any such encumbrance, Any attempt at
assignment, sublease, pledge, transfer or encumbrance of this Lease without the prior written
consent of LESSOR shall be null and void, and a default under this Lease.
LESSEE shall and does hereby indemnify and agree to hold LESSOR hannless from any
and all liabilities, claims, and causes of action arising under any terms and conditions of this
Lease and every sublease, license or concession agreement, unless such liabilities, claims and
causes of action arise by reason of a default or breach by LESSOR, or the gross negligent
conduct or activity of LESSOR, its agents or employees, under this Lease.
If all or any part of the Premises shall be sublet or occupied by anyone other than
LESSEE, LESSOR may, after default by LESSEE, collect sub-rent from any and all sub-lessees
or occupants, and apply the net amount collected to the net annual rent reserved herein, but no
such collection shall be, or be deemed to be, a waiver of any agreement, tenn, covenant or
condition of this Lease or the acceptance by LESSOR of any sub-lessee or occupant as LESSEE,
or a release of LESSEE fi'om perfonnance by LESSEE of its obligations under this Lease.
To secure the prompt and full payment by LESSEE of All Rent in this Lease reserved and
the faithful perfonnance by LESSEE of all the other tenns and conditions herein contained on its
part to be kept and perfonned, LESSEE hereby assigns, transfers and sets over unto LESSOR,
subject to the conditions hereinafter set forth, all of LESSEE's right, title and interest in and to all
subleases that may hereafter be made and in and to all concession agreements hereafter made
affecting any part of the Premises.
t\s~igmIlS.lj)s![SubJea~<; to HlIutht\I gQ\'C'HllltC'l1talcJJHD' 91 to it lIyJJ.m w",-Ijt eHlltv IhIt.!
provide; ~eJtl"'C':> it> the !!f:)l~UlJ (lllbJk is pre,>umpt!yely appr0\~d by lESSOR
18. INDEMNIFICA nON OF LESSOR. In addition to any other indemnities to LESSOR
specifically provided in this Lease, LESSEE shall illdenmify and save harmless LESSOR against
and from aU liabilities, liens, suits, obligations, fines, damages, penalties, claims, costs, charges
and expenses, including reasonable architects' and attorneys' fees by or 011 behalf of any person
which may be imposed upon or incurred by or asserted against LESSOR by reason of the use
andlor occupancy of the Premises or any part thereof, or any surrounding areas, by LESSEE or
LESSEE's agents, contractors, servants, employees, licensees or invitees during the term of this
Lease. This indemnification shall specifically extend to but shall not be limited to loss OJ
damage arising out of environmental hazards or contamination.
The provisions of this Article and the provisions of all other indemnity provISIons
elsewhere contained in this Lease shall survive the expiration or earlier termination of this Lease
for events occurring prior to such expiration or termination
LESSOR shall not in any event whatsoever be liable for any injury or damage to any
personal property or to any person happening on, in or about the building being leased, whether
belonging to LESSEE or any other person, caused by any fire, breakage, leakage, defect or bad
condition in any part or portion of the Premises, howsoever caused unless such injury or damage
is caused by the gross negligence of the LESSOR, its agents or employees, or a breach or default
by LESSOR of its obligations under this Lease
LESSEE shall, at its own cost and expense, if requested by LESSOR, defend any and all
suits or actions Uust or unjust) which may be brought against LESSOR or in which LESSOR
may be impleaded with others upon any such above-mentioned matters, claim or claims. In such
event, LESSOR agrees to cooperate and assist LESSEE and LESSEE's counsel in providing
documentation, plans, specifications and any other agreements or documents which may be
reasonably required by LESSEE and/or LESSEE's agent in order to defend such suit or actions.
In addition to the foregoing, LESSEE shall pay to the LESSOR all costs and expenses, including
reasonable attorneys' fees (including costs, expenses and attorneys' fees in any appellate
proceedings), incurred by LESSOR in any action or proceeding to which LESSOR may be made
a party by reason of any act or omission of the LESSEE.
19. RESTRICTION AGAINST CONSTRUCTION LiEN Neither LESSEE nor anyone
claiming by, through or under LESSEE, shall have any right to file or place any lien of any kind
or character whatsoever on the property and notice is hereby given that no contractor,
subcontractor, or anyone else that may furnish any material, service or labor to the property at
any time shall be or become entitled to any lien thereon whatsoever. For the further security of
LESSOR, LESSEE shall give actual notice of this restriction in advance to any and all
contractors, subcontractors, or other persons, firnis, or corporations that may furnish any such
material, service, or labor.
If such lien is filed against LESSOR's interest on the Property, LESSEE shall cause such
lien to be released of record or bonded off within fifteen (15) days of LESSEE's knowledge of
such lien.
20. CONDEMNATION
a. If at any time during the term of this Lease, the whole or materially all of the
Premises shall be taken for any public or quasi-public purpose by any lawful power or authority
by the exercise of the right of condemnation or eminent domain or by agreement between
LESSOR, LESSEE and those authorized to exercise such right, this Lease, the term hereby
Deleted: lESSOR shall ha"e the right
to record 8 notice of this provision in the
Public Records of the County in which
Premises i~ loc8t(d.~
granted, any rights of renewal hereof and any renewal terms hereof, shall tenninate and expire on
the date of such taking and the rent and other sum or sums of money and other charges herein
reserved and provided to be paid by the LESSEE shall be apportioned and paid to the date of
such taking.
b, The tenn "materially all of the Premises" shall be deemed to m~an such portion of
the Premises, as when so taken, would leave remaining a balance of the Premises which, due
either to the area so taken or the location of the part so taken in relation to the part not so taken,
would not allow the LESSEE to continue its business operations, or would not under economic
conditions, zoning laws or building regulations then existing or prevailing, readily accommodate
a new building or buildings of a nature similar to the building or buildings existing upon the
Land at the date of such taking and of floor area sufficient, together with buildings not taken in
the condemnation, to operate LESSEE's business, taking into account all reasonable parking
requirements,
c, For the purpose of this Article, the Premises or part thereof, as the case may be,
shalt be deemed to have been taken or condemned on the date on which actual possession of the
Premises or a part thereof, as the case may be, is acquired by any lawful power or authority or
the date on which title vests therein, whichever is earlier.
d, It is further understood and agreed that if at any time during the Term of this
Lease the Premises or the Property or the improvements or buildings located thereon, or any
portion thereof, be taken or appropriated, or condemned by reason of eminent domain, the entire
award shall be the property of the LESSOR and in no event shall LESSEE receive any portion of
any award made to LESSOR, LESSEE shall have the right to make a separate claim for its own
damages,
e. In the event less than materially all of the Premises shall be taken by
governmental authority, then:
], If the portion so taken does not affect the operation of LESSEE's business,
then this Lease shall continue in full force and effect.
2, In the event the portion of the Premises are taken so that LESSEE is able
to continue to operate its business, but the operation of such business is reduced by reason of
such taking, then the Base Rent shall be reduced proportionately by the same percentage as the
square footage of the Premises which have been taken by governmental authority bears to the
total square footage of the Premises prior to such taking,
21, DESTRUCTION OF PREMISES
a) In the event the entire Premises or materially alt of the Premises are
destroyed by fire or other casualty, LESSOR shall have the option of terminating
this Lease or of rebuilding the Premises and shall give written notice of such
election to the LESSEE within thirty (30) days after the date of such casualty, In
the event LESSOR elects to rebuild the Premises, the Premises shall be restored to
its fanner condition within a reasonable time, during which the rent due from
LESSEE to LESSOR hereunder sha1l abate. In the event LESSOR elects to
tenninate this Lease, Rent shall be paid only to the date of such casualty, and the
tenn of this Lease shall expire as of the date of such casualty and shall be of no
further force and effect and LESSOR shall be entitled to sole possession of the
Premises. l-i.,)SEi~ shill: h,hC d;~ c';J!jun l(' l'.lT;ilnd.r"i ,,,a'ie lL.:' QXj;~~n@)
'1:0 LJ:s.~{~ JjgJl~_,lII<1ble l( l&CiJ.l}\, ii,", fiY I ,r:.:;$Ef ';
':U'S:Cl:I"i:i: L"..-ities far Lh.'f":: lhrfi_l t;t'f.~ht f8} In(!nth~
b. The term "materially a1l of the Premises" shall be deemed to mean such portion of
the Premises, as when so destroyed, would leave remaining a balance of the Premises which due
to the amount of area destroyed or the location of the part so destroyed in relation to the part left
undamaged would not allow the LESSEE to continue its business operations
c. In the event of a partial destruction which is not materially all of the Premises, the
Base Rent shall proportionately abate based upon the square footage of the Premises remaining
undamaged and LESSOR shall repair the damage.
d. Notwithstanding the foregoing, if the damage or destruction is as a result of the
action or inaction of LESSEE or LESSEE's employees, or agents, invitees, or as a result of
LESSEE not fulfilling all of its obligations under this Lease, no Rent shall abate and LESSEE
shall make all necessary repairs.
22. OUIET ENJOYMENT LESSEE, upon paying the Rent and all other sums and
charges to be paid by it as herein provided, and observing and keeping all covenants, warranties,
agreements and conditions of this Lease on its part to be kept, shall quietly have and enjoy the
Premises during the term of this Lease, without hindrance or molestation by LESSOR.
23, DEFAULTS
hereunder:
Each of the following events shall be an "Event of Default"
a. Failure of LESSEE to pay any insta1lment of Rent or any part thereof, or any
other payments of money, costs or expenses herein agreed to be paid by LESSEE, when due.
b. Failure to observe or perfonn on one or more of the other terms, conditions,
covenants or agreements of this Lease and the continuance of such failure for a period of fifteen
(15) days after written notice by LESSOR specifying such failure (unless such failure requires
work to be performed, acts to be done or conditions to be improved, as the case may be, within
such fifteen (15) day period, in which case no default shall be deemed to exist so long as
LESSEE shall have commenced curing the same within such 15 day period, and shall diligently
and continuously prosecute the same to completion).
c. If this Lease or the estate of LESSEE hereunder shall be transferred to or assigned
to or subleased to or shall pass to any person or party, except in a manner herein pennitted.
d. If a levy under execution or attachment shall be made against LESSEE or its
property and such execution or attachment shall not be vacated or removed by court order,
bonding or otherwise within a period of thirty (30) days.
e. A rejection of the Lease by a trustee in bankruptcy appointed in connection with
the bankruptcy of the LESSEE.
f. A failure to vacate the Premises upon tennination of the Lease.
No payment by LESSEE or receipt by LESSOR of an amount less than the required
payment set forth in the Lease, shall be considered as anything other than a partial payment of
the amount due. No endorsement or statement to the contrary on any check shall be deemed an
accord and satisfaction. LESSOR may accept a partial payment without prejudicing LESSOR's
right to recover the balance of such payment which is still due, and without affecting any other
remedies available to LESSOR.
24, REMEDIES Upon an "Event of Default" as defined above, LESSOR at its option shall
have the following non-exclusive remedies in addition to those provided by law:
a. LESSOR may treat the Lease as tenninated whereupon the right of LESSEE to
the possession of the Premises shall immediately tenninate, and the mere retention or possession
thereafter by LESSEE shall constitute a forcible detainer.
b. LESSOR may tenninate LESSEE's right of possession, without the tennination of
this Lease, in which event LESSOR shaH have the right to re-let the Premises as the agent for the
LESSEE and to hold the LESSEE responsible for any deficiency between the amount of Rent
realized from such re-letting, including but not limited to renovation and repair expenses,
Brokerage Expenses, and the amount which would have been payable by LESSEE under the
tenns of this Lease, No re-entry or repossession by the LESSOR shall serve to tenninate this
Lease, unless the LESSOR so elects in writing, nor shall it release LESSEE from any liability for
the payment of any Rent stipulated to be paid pursuant to this Lease or for the performance or
fulfillment of any other term or condition provided herein.
c. LESSOR may declare all the installments of Rent for the whole term of this Lease
to be immediately due and payable at once without further demand, in which event all sums
payable to the LESSOR shall bear interest from the date of default at the highest rate permitted
bylaw,
d, LESSOR shall have the right to take no immediate action and to hold the LESSEE
responsible for the Rent as it becomes due,
e. Any Base Rent which was abated or waived by LESSOR shall also be
immediately due and payable by LESSEE to LESSOR.
f. In the event of a holdover by LESSEE after the tennination of this Lease,
LESSOR shall have the right to collect double the amount of Base Rent. In addition, LESSEE
shall be responsible for any cost or expenses incurred by LESSOR as a result of such holdover,
including but not limited to any damage incurred by LESSOR as a result of LESSOR's inability
to make the premises available to a new LESSEE.
25. ATTORNEYS' FEES In the event of any litigation arising out of this Lease, the Losing
party shall pay to the Prevailing Party all costs and expenses, including reasonable attorneys' fees
(including appellate proceedings) which the Prevailing Party may incur.
26. CERTIFICATES Either party shall, without charge, at any time and from time to time
hereafter as may be commercially reasonable, within fifteen (15) days after written request of the
other, certify by written instrument duly executed and acknowledged to any mortgagee or
purchaser, or proposed mortgagee or proposed purchaser, or any other person, firm or
corporation specified in such request:
a, As to whether this Lease has been supplemented or amended, and if so, the
substance and manner of such supplement or amendment;
b, As to the validity and force and effect of this Lease, in accordance with its tenor
as then constituted; and
c. As to any other matters as may reasonably be so requested.
Any such certificate may be relied upon by the party requesting it and any other person,
finn or corporation to whom the same may be exhibited or delivered, and the contents of such
certificate shall be binding on the party executing same.
Should any banking institution, savings and loan association or other institutional lender
to whom LESSOR is applying for a loan which, if granted, would make such lender a LESSOR's
mortgagee, request reasonable modification in this Lease, the effect of which would not make a
change in the rental or other economic terms of this Lease or increase LESSEE's expenses or the
risk to which LESSEE is exposed, LESSEE agrees that it shall not unreasonably withhold its
agreement to such modification.
27. RADON GAS Radon is a naturally occurring radioactive gas that when it has
accumulated in a building in sufficient quantities may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida, Additional information regarding radon and radon testing may be
obtained from your county public health unit.
28. STORMS LESSEE agrees to exercise reasonable care to protect the Premises and
Property in the event a public warning should be issued that the Premises are threatened by a
hurricane, tornado or stonn of similar magnitude.
29. J.,ESSOR'S RIGHT TO PERFORM LESSEE'S COVENANTS If LESSEE shall at any
time fail to make any payments in accordance with the provisions hereof, or to take out, pay for,
maintain or deliver any of the insurance policies provided for herein, or shall fail to make any
other payment or perfonn any other act on its part to be made or performed, then LESSOR, after
;ttirt) (3.Ql days notice to LESSEE (without notice in case of an emergency) and without waiving
or releasing LESSEE from any obligation of LESSEE contained in this Lease, may (but under no
obligation to):
a. Pay any amount payable by LESSEE pursuant to the provisions hereof, or
b. Make any other payment or perfonn any other act on LESSEE's part to be made
or performed as in this Lease provided, and Illay enter upon the Premises for the purpose and
take all such action thereon as may be necessary therefor,
All sums so paid by LESSOR and all costs and expenses incurred by LESSOR in
cOIUlection with the perfonnance of any such act, shall bear interest at the highest rate allowed
bylaw.
30. NOTICE Any notice, designation, consent, approval or other communication required
or permitted to be given pursuant to the provisions of this Agreement shall be given in writing
and shall be sent by registered or certified mail, postage prepaid, return receipt requested,
addressed to the addresses set forth on the first page of this Lease. Notice may also be given by
hand-delivery.
Either party may, by notice given in accordance with the provisions in this section,
designate any further or different address to which subsequent notices, designations, consents,
approvals or other communications pursuant to the provisions of this Agreement shall be sent.
Any notice, designation, consent, approval or other communication shall be deposited in any post
office or official depository of the United States Postal Service in the State of Florida,
31, HAZARDOUS MATERIAL LESSEE shall not knowingly cause or penn it any
hazardous material to be brought upon, kept, or used in or about the Premises by LESSEE, its
agents, employees, contractors or invitees, If the Premises are, through LESSEE's fault,
contaminated by hazardous materials, then LESSEE shall indemnify, defend and hold LESSOR
hannless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses
(including without limitation, diminution in value or useable space or of any amenity of the
Premises), damages arising from any adverse impact on marketing of space, and sums paid in
settlement of claims, attorney's fees, consultants fees and expert fees (including any appeals)
which arise during the lease term as a result of any such contamination,
This indemnification by LESSEE includes, without limitation, costs incurred in
connection with any investigation of site conditions or any clean up, remediation, removal or
restoration work required by any federal, state or local government agency or political
subdivision because of hazardous material present in the soil or ground water on or under the
Premises. Without limiting the foregoing, if the presence of any hazardous material on the
Premises is detected, LESSEE shall promptly take all actions at its sole expense as are necessary
to return the Premises to the condition existing prior to the contamination or introduction of such
[ Deleted: fifteen (15)
hazardous material to the Premises; provided, however, that LESSOR's approval of such actions
shall first be obtained, which approval shall not be unreasonably withheld, so long as such
actions would not potentially have any material adverse effect on the Premises.
As used herein, the tenn hazardous materials means any hazardous or toxic substance,
material or waste, which is or becomes regulated by any local government authority, the State of
Florida or the United States government. The lenn "hazardous material" includes, without
limitation, any material or substance that is (1) defmed as a "hazardous substance" under
appropriate state law provisions, (2) petroleum, (3) asbestos, (4) designated as a "hazardous
substance" pursuant to Section 311 of the Federal Water pollution Control Act (33 USC 1321),
(5) defmed as a hazardous waste pursuant to Section 1004 of the Federal Resource Conservation
and Recovery Act, (42 use 690), (6) defined as a hazardous substance pursuant to Section 10 of
the Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601),
or (7) defined as a regulated substance pursuant to Sub-Chapter VIII, Solid Waste Disposal Act
(the regulation of underground storage tanks), (42 USC 4991).
32. LESSEE'S BUSINESS None of the provisions of this Lease shall be deemed or construed
as reserving to LESSOR any right to exercise any control over the business or operations of
LESSEE conducted upon the Premises or to direct in any respect the details or manner in which
any such business relationship other than a LESSOR/LESSEE relationship is found. LESSEE is
an independent businessperson and neither LESSEE nor any party or parties employed by
LESSEE are agents, servants or employees of LESSOR and LESSEE agrees that in LESSEE's
dealing with the public, LESSEE will not represent or hold its employees as agents, servants or
employees of LESSOR,
33, SIGNS LESSEE shall not place or pennit to be placed or maintained on any interior or
exterior door, wall or window of the Premises or Property any sign, awning or canopy or
advertising matter or other thing of any kind or decoration, nor will any illuminated sign be
placed in the window display area(s) ofthe Premises or Property without LESSOR's prior
written approval and consent.
LESSEE shall be responsible for the cost of an outdoor building sign, installation and
penn it fees/costs, Outdoor building sign must comply with city sign regulations. The outdoor
building sign shall be the similar in style, size and color as the other signs on the building and
must be approved by the LESSOR in writing prior to city permit and installation, LESSEE shall
remove the outdoor building sign, repair holes and paint the area where signed appeared prior to
the expiration ofI-ease at LESSEE's expense.
34. MISCELLANEOUS
The parties further agree as follows:
a. The covenants, conditions and agreements contained in this Lease shall bind and
inure to the benefit of LESSOR and LESSEE and their respective heirs, successors,
administrators, representatives and pennitted assigns.
b, This Lease and the perfornlance thereof shall be governed, interpreted, construed
and regulated by the laws of the State of Florida.
c. The rights of the LESSOR under the tenns of this Lease shall be cumulative, and
failure on the part of LESSOR to exercise promptly any rights given under the terms of this
Lease shalI not operate to forfeit any of said rights nor shall the same be deemed a waiver of
such rights.
d. The parties acknowledge that each has had the opportunity to have this Agreement
reviewed by counsel and notwithstanding the fact that this Agreement was initialIy drafted by
Arthur B. D'Almeida, P.A., the attorneys for LESSOR, alI parties have participated equally in
the final wording of this Agreement, and in the event of any dispute regarding the meaning of
any of the tenns herein, such terms shall not be construed against the LESSOR and/or Arthur B,
D'Almeida, P.A.
e. This Lease shall not be recorded in the Public Records. llii~ ,lc~~" is_fLl)!lhlic
11.\:01d of Ihe 13o~ ni,Qn,!3~ill;ll QQmm\1I1ity Red,\:'-:e1ovmell! Agel)cx.,
f. This Agreement represents the entire understanding between the parties, and
supersedes all prior agreements, oral or written, and this Lease Agreement may not be amended
except by an instrument in writing signed by the parties hereto,
g. The submission of this document for examination does not constitute an option or
offer to lease space at the Property. This document shall have no binding effect on the parties
unless executed by the LESSOR and the LESSEE and a fully executed copy is delivered to the
LESSEE.
h, The LESSOR and LESSEE understand and agree that TIME IS OF THE
ESSENCE of all of the terms and provisions of this Lease agreement.
i. If any tenn, covenant, condition, or provision of this Lease or the application
thereof to any person or circumstance shalI, at any time or to any extent, be invalid or
unenforceable, the remainder of t11is Lease, or the application of such tenn or provision of
persons or circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected thereby, and each term, covenant, condition, and provision of this Lease shalI be
valid and be enforced to the fullest extent pennitted by law.
j, No Judgment shall be taken against any partner, subsidiary, officer, shareholder,
director, employee, sister corporation or agent of LESSOR and no Writ of Execution shall be
levied against the assets of any partner, subsidiary, officer, shareholder, director, employee, sister
corporation or agent of LESSOR, Any liability of LESSOR shall be limited to LESSOR's
interest in the Property,
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35. BANKRUPTCY Notwithstanding anything herein to the contrary, in the event LESSEE
is the subject of any bankruptcy (including reorganization or arrangement proceedings pursuant
to any bankruptcy), voluntary or involuntary, then LESSOR shall have the right to terminate this
Lease,
36. JURY TRIAL WAIVER THE PARTIES HEREBY WAIVE ANY RIGHTS TO A
TRIAL BY JURY IN ANY ACTION BASED UPON OR ARlSING O1JT OF OR IN
CONJUNCTION WITH TillS LEASE.
37. OPTION TO EXTEND LEASE: Provided LESSEE has paid all rent on or before the 7th
day of each month and there has been no event of default under any ofthe telms of this lease
whatsoever, LESSEE, shall have the right ("Option"), to be exercised as provided for in this
Article, to extend this Lease for one (I) Renewal Term of five years commencing upon the
expiration of the initial Lease tenn provided for herein. The Lease during the five-year extension
shall be treated as a triple net lease in all respects, pursuant to which LESSEE shall be
responsible for the payment of all Expenses as heretofore defined The base rental shall be as
provided below and shall be increased at a rate of 5% per annum. Monthly rent payments shall
be paid as follows:
l'l Year Extension. $7,505.97 per month base rent plus Expenses and applicable sales tax.
2nd Year Extension. $7,881.27 per month base rent plus Expenses and applicable
sales taxc
3rd Year Extension _ $8,275.33 per month base rent plus Expenses and applicable
sales tax.
4th Year Extension - $8,689.10 per month base rent plus Expenses and applicable
sales tax.
5th Year Extension _ $9,123,56 per month base rent plus Expenses and applicable
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sales tax.
a. The Option to Extend Lease may be exercised only if no default exists
under any of the terms of this Lease when the Option becomes exercisable
and there has been no event of default under any of the terms of this lease
whatsoever during the initial ten year term of this Lease. In addition, if
LESSEE has been in default by a reason of a failure to pay money when
due during the Lease term, no Option to Extend may be exercised.
b. The Renewal Term shall be on the same terms, covenants and conditions
provided for in this Lease, except there shall be no privilege to extend the
term of this Lease for any period of time after the expiration of the
Renewal Term, The Base Rent for the Renewal Term shall be increased
by 5% percent per annum,
The right to extend the Lease shall be exercised in the following manner:
a, At least one hundred eighty (180) days prior to the expiration of the initial
ternt, LESSEE shall notify LESSOR in writing of its election to exercise the right
to extend the term of this Lease for the renewal tenn;
b, Upon the giving of the notice of exercise of this extension option, the
Lease shall be deemed to be renewed and the term thereof renewed for the period
and upon the tenns provided above without the execution of further
lease or instrument.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
WITNESS:
LESSOR;
710 BOYNTON PARTNERS, LLC
BY
Arthur B, D'Almeida (Date)
Managing Member
Printed Name;
Printed Name;
LESSEE;
BOYNTON BEACH COMMUNITY
Printed Name:
Printed Name:
LESSOR's Work:
\ ,
REDEVELOPMENT AGENCY
By:
(Date)
EXHIBIT "A"
LESSOR shall complete the following renovations and repairs at
LESSOR's expense:
Demolition (interior and exterior)
Repair concrete floor footings
Install 3 steel columns
Replace existing doors and windows with new hurricane impact
resistant doors and windows
New exterior stucco
New shingle roof
Exterior paint
Clean, patch, seal and stripe exterior parking lot
HV AC - three new five ton units.
Electric-New 400 AMP Service and Two 200 Amp Interior Panels
Plumbing -- Two bathrooms and one water fountain
HV AC interior
Interior electric per code/outlets per code
Telephone/computer outlets - 1;2" empty conduit - 1 per
office
Interior lighting (2' x4' parabo I ic fixtures)
Fire alarm system per code
Exclusions:
Security, telephone and computer systems
Landscaping
Deleted: Estimated Cost: 5240,000 ~
EXHIBIT liB"
LESSEE's Work:
LESSEE shall provide to LESSOR's General Contractor sealed
architectural plans ready for permitting detailing the following
renovations to be completed at LESSEE's expense:
Drywall partitions
Interior
Prep floors
New carpeting
VCT at two bathrooms
Vinyl base
New cabinets - break room
Fire extinguishers
Ceilings - 2'x4'
New doors and hardware
Carpentry labor
Miscellaneous specialties
Or as amended by LESSEE in its discretion, subject to approval by LESSOR,
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~qY~T2~ eRA
11IIIII East Side~ West Side~ Seas.lde Renaissance
eRA BOARD MEETING OF: August 10,2010
I I Consent Agenda IX T Old Business 1,1 . New Business IT." i;i;l' I Executive Director's Report l
SUBJECT: Consideration of Approval of Lease for 710 N, Federal Highway (Holiday House)
SUMMARY: Staff received a copy of the proposed lease from 710 Boynton Partners, Arthur d'Almeida
owner/trustee for the property located at 710 N. Federal Highway. (See Attached Map.) Below is a summary of
the terms of the lease:
1. Term - 10 years
2. Base Rent Rate - $15,80 pro sq, ft,
3. Annual Escalation in Base Rent - 5%
4. Lease Expenses the CRA is responsible for in l't year - $1,893 which is comprised of:
a. Ad Valorem Taxes - cUlTently $22,000 but will increase with improvements
b. Maintenance
c. Insurance
5. Security Deposit of$6,501 due upon execution of lease.
6. Construction - CRA shall be responsible for covering the cost of the following:
a. All interior renovations
b. Landscaping
c, Signage
(I. Architectural fees for interior
(1. Estimated cost - $115,000
7. Termination of Lease - CRA cannot terminate lease without being held liable for the rent and
expenses for the remainder of the term of the lease.
FISCAL IMP ACT: Attached is a spreadsheet showing the total financial impact to the CRA over the term
of the lease. The total cost to the CRA over the ten year term is $1,037,668,
CRA PLAN, PROGRAM OR PROJECT: Federal Highway COlTidor Community
Redevelopment Plan
RECOMMENDA TIONS/OPTIONS:
Approve execution of the Lease between the CRA and 710 Boynton Palmers, LLC.
Do not approve execution of the lease.
, .' ;.I,..}
>(' .~' ,~/;
ViVIan . Brooks
Assistant Director
1.
2.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board
Meetings\08-10-10 Meeting\Lease Holiday House.doc
-- - --- -- - ----
Summary of Lease Rental Costs - 710 North Federal Highway, Boynton Beach, FL I
Per Month
Estimated Base Rent %
Expenses per Increase from Prior
Base Rent Landlord(a) Total Annual Cost Year
Year 1 $ 4,608.00 $ 1,893.00 $ 6,501.00 $ 78,012.00
Year 2 $ 4,838.40 $ 1,893.00 $ 6,731.40 $ 80,776.80 5%
Year 3 $ 5,080.32 $ 1,893.00 $ 6,973.32 $ 83,679.84 5%
Year 4 $ 5,334.34 $ 1,893.00 $ 7,227.34 $ 86,728.08 5%
Year 5 $ 5,601.06 $ 1,893.00 $ 7,494,06 $ 89,928.72 5%
Year 6 $ 5,881.11 $ 1,893.00 $ 7,774.11 $ 93,289.32 5%
Year 7 $ 6,175.17 $ 1,893.00 $ 8.068.17 $ 96,818.04 5%
Year 8 $ 6,483.93 $ 1,893.00 $ 8,376.93 $ 100,523.16 5%
Year 9 $ 6,808.13 $ 1,893.00 $ 8,701.13 $ 104,413.56 5%
Year 10 $ 7,148.54 $ 1,893.00 $ 9,041.54 $ 108,498.48 5%
Total
$ 922,668.00
$ 115,000.00
$1,037,668.00
One time cost of tenant build-out
TOTAL
Increase in Base Rent Year 1 to Year 10
55%
(a) Represents CRA's responsibilty to pay real estate taxes, maintenance, insurance.
2009 taxes per Property Appraiser are: $22.000 per year. Therefore estimated costs
are understated by landlord.
Note: Lease assumes costs of real estate taxes, maintenance and insurance
remains same over ten year period,
T:\DEVELOPMENT\Holiday House\Summary of Lease Rental Costs - 910 N Federal - 08-03-10
COMMERCIAL LEASE
This Lease Agreement is made and entered into as of this _ day of August 2010, by
and between 710 Boynton Partners, a' Florida limited liability company, located at 105 East
Palmetto Park Road, Boca Raton, Florida 33432, hereinafter "LESSOR" and Boynton Beach
Community Redevelopment Agency located at 710 North Federal Highway, Boynton Beach,
Florida 33435, hereinafter "LESSEE". LESSEE hereby offers to lease from LESSOR the
premises situated in the City of Boynton Beach, Florida, COWlty of Palm Beach, State of Florida,
described as 710 North Federal Highway, Boynton Beach, Florida, 33435, together with aU
buildings, improvements and appUlienances located thereabout, thereon or therein,
1.. DEMISE LESSOR, for. and in consideration of the rents hereinafter reserved. and the
terms, conditions, covenants and provisions contained in this Lease, hereby leases to LESSEE,
and the LESSEE hereby takes and hires from the LESSOR, subject to the terms and conditions
contained in this Lease, the Premises, together with any and all rights, privileges, and easements
benefiting, belonging or pertaining thereto,
2. TERM The Term of this Lease'shall be ten (10) years.
3. LEASE COMMENCEMENT DATE The term of this Lease shall commence upon the
Effective Date (the date upon which both LESSOR and LESSEE execute the Lease).
4. RmIT The payment of rent shall commence upon the date of completion of the
building renovations, as outlined in Exhibit "A" and Exhibit "B", and the issuance of a
Certificate of Occupany by the City of Boynton Beach. LESSOR shall provide notice to
LESSEE as to the completion of the building renovations and the issuance of the Certificate of
Occupancy. Rent shall commence on the date of this notice. LESSEE agrees to pay to LESSOR
the Base Rent plus increases, Expenses (as hereinafter defmed) and applicable sales tax,
(hereinafter "Rent"). Rent shall be as set forth below for the said Premises, without offset or
deductions, and without previous demand therefor, said rent payable monthly 011 the first day of
each and every month: .
1st Year of Lease Tenn: $4,608.00 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $6,501.00
plus applicable sales tax,
2nd Year of Lease Tenn: $4,838.40 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $6731.40
plus applicable sales tax.
3fd Year of Lease Tenn: $5,080.32 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $6973.32
plus applicable sales tax.
4nd Year of Lease Term: $5,334.34 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $7227.34
plus applicable saLes tax.
5th Year of Lease Teml: $5,601.06 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $7494.06
plus applicable sales tax.
6th Year of Lease Term: $5,881.11 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $7774.11
plus applicable sales tax.
ih Year of Lease Telm: $6,175,17 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance which is subject to change) = $8068;17
plus applicable sales tax,
8th Year of Lease Term: $6,483.93 per month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $8376.93
plus applicable sales tax,
9th Year of Lease Term: $6,808,13 pet' month base rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $8701.13
plus applicable sales tax.
10th Year of Lease Term: $7,148.54 per month b~se rent plus $1,893.00 estimated
Expenses (real estate tax, maintenance and insurance) which are subject to change = $9,041.54
plus applicable sales tax.
All Rent (defined as Base Rent as set forth above plus Expenses as defined below)
required under this Lease shall be payable to the LESSOR at the address set forth herein, All rent
shall be paid by automatic monthly bank transfer to LESSOR's bank account. If any payment of
Rent is not received by the LESSOR within seven (7) days of its due date, LESSEE shall pay to
LESSOR a late fee equal to five percent (5%) of the outstanding balance due LESSOR. The late
payments shall be paid for each rental payment not received by the LESSOR within seven (7)
days of its due date.
In the event any check is returned because of insufficient funds or otherwise that have
been submitted to LESSOR for the payment of Rental' other.~.ayments due under this Lease,
then the check(s) shall be immediately replaced by LESSEE with a cashier's check from a bank
in Palm Beach County, Florida or other location where LESSEE has a corporate bank account,
and in addition to any late payment penalty provided above, there shall be an additional charge
of S100.00 for inconvenience caused to LESSOR for handling the returned check There will be
a $25,00 charge for any notice letter required under this Lease.
5. RULES AND REGULATIONS LESSEE, at its own cost and expense, shall properly
observe and comply with all pl'esent and future laws, ordinances, codes, requirements, orders,
directives, rules and regulations of all governmentat authorities affecting the LESSEE's use of
the Premises, including but not limited to making non-structural modifications to the Premises to
comply with any state or federal laws or regulations affecting the accessibility of the Premises
for disabled persons. LESSEE shall also comply with any: and all reasonable rules and
regulations imposed by LESSOR.
6. RISK OF LOSS All personal property placed or moved into the Premises shall be at the
risk of LESSEE or of the owner of such property, and LESSOR shall not be liable for any
damage to said personal property, or to LESSEE, arising from the bursting or leaking of water
pipes, or from any act of negligence of any LESSEE or ocCupants of the building, or of any other
person whomsoever. It is further agreed that LESSOR shall not be 1i~ble for any damage or
injury by water which may be sustained by LESSEE or other person, or for any other damage or
injury resulting from the carelessness, negligence or improper conduct on the part of any person
whomsoever, or by reason of the. breakage, leakage or obstruction of the water, sewer or soil
pipes, or other leakage in or about said building,
7. SECURITY Upon execution of this Lease, LESSEE shall deposit with LESSOR Six
Thousand Five Hundred One Dollars ($6,501.00) representing a security deposit that LESSOR is
to retain as security for the faithful performance of all the terms and conditions of this Lease.
LESSOR shall not be obligated to apply the security deposit on rents or other charges in arrears,
or in damages for failure to pedorm the terms and conditions of this Lease. Application of the
security deposit to the alTears of Rent payments or damages shall be at the sole option of the
LESSOR., and the right to possession of the Premises by the LESSOR for non-payment of Rent
or for any other reason shall not in any event be affected by the'security deposit. The security
deposit is to be returned to LESSEE when this Lease is telminated, according to the terms of this
Lease, ifnot otherwise applied by reason of any breach of the terms and conditions of this Lease
by LESSEE. LESSEE expressly acknowledges that LESSEE shall not have the right to apply the
security deposit to Rent. In no event is the security deposit to be returned until LESSEE has
vacated the Premises and delivered possession to the LESSOR. In the event the LESSOR
repossesses the Premises because of the default of the LESSEE or because of the failure by the
LESSEE to carry out the terms and conditions of this Lease, LESSOR may apply the security
deposit to all damages suffered as of the day of repossession and may retain the balance of the
security deposit to apply to damages that may accrue or be suffered thereafter by reason of a
default or breach of the LESSEE. LESSOR shall not be obligated to hold the security deposit in
a separate fund, but may mix the security deposit with other funds of the LESSOR, and LESSOR
shall not be obligated to pay interest to LESSEE on the security deposit or advanced rental.
As further security for the faithful performance of the terms and conditions of this Lease,
LESSEE hereby pledges and assigns to LESSOR all of the furniture, fixtures, goods and chattels
of LESSEE, which shall or may be brought or put on said Premises, and the LESSEE agrees that
said lien may be enforced by distress, foreclosure pr other process of law at the election of
LESSOR, and LESSEE agrees to pay reasonable attorneys' fees, together with all costs and
charges incurred or paid by the LESSOR by reason of LESSEEs failure to perform any of the
terms and conditions of this Lease, which sums shall bear interest at the highest rate permitted by
law.
LESSOR alSQ acknowledges receipt of the fIrst month's rent in the amount of Six
Thousand Five Hundred One Dollars ($6,501.00) and the amount of Six Thousand Five Hundred
One Dollars ($6,501.00) to be applied toward the last month's rent.
8, LESSEE'S TAXES AND UTILITY EXPENSES During the Term of this Lease,
LESSEE shall pay, before the same shall become delinquent, all personal property taxes, sales
taxes, and such other taxes as may be payable by reason of operation of LESSEE's business.
During the Term of this Lease, LESSEE shall pay, before the same shall become delinquent, all
charges for utilities and similar services furnished to the Premises' for the occupants thereof.
9, EXPENSES It is the intention of the parties that this Lease shall be treated in all
respects as a triple net lease; it being the intention of the parties that LESSEE shall be
responsible for the payment of every expense incurred by LESSOR in the ownership and
operation of the Propelty and LESSEE's Premises. LESSEE shall pay, as additional Rent and
with the monthly Base Rent payments, all expenses, The annual estimated Expenses shall be
calculated by LESSOR and paid by LESSEE on a monthly basis (one-twelfth per month).
Expenses shall include, but are not limited to: LESSOR's cost of operating the Property,
including but not limited to, operating, managing, equipping, policing, protecting, lighting, trash
removal, landscaping, all licenses, fees, pennits, repairs, and replacements necessary to maintain
the Property in the same condition as when demised to LESSEE.
Expenses also include any applicable Real Estate Taxes (regular or special) and all
applicable costs ofInsurance as deemed appropriate by LESSOR. It is agreed by the Parties that
LESSEE shall be responsible for all applicable Real Estate Taxes for the entire parcel of property
located at 710 North Federal Highway, Boynton Beach, Florida 33435.
Real estate taxes shall be paid to LESSOR on a monthly basis with the rent in an amount
equal to 1/12 of the estimated annual real estate property tax. Any deficiency in the monthly
amount paid for real estate taxes shall be paid in full upon receipt of the current year's tax bill,
10. USE OF PREMISES The Premises shall be used to house the administrative offices of
the Boynton Beach Community Development Agency and for no other purposes whatsoever,
LESSEE shall be pennitted to utilize the parking lot for outdoor seating or events as per City
Ordinance. The Premises shall be at all times properly licensed and operated as set forth above,
LESSEE recognizes that is it important to LESSOR to keep the use of the subject Premises as set
forth herein; accordingly, any change or tennination of the use of the Premises shall be
considered a default under the Lease and LESSOR shall be entitled to all remedies as provided
for herein, LESSEE acknowledges that LESSOR has made no representation to LESSEE as to
LESSEE's use of the Premises and LESSEE confirms and acknowledges that LESSEE has made
its own investigation concerning LESSEE's use of the Premises and LESSEE is satisfied with
same and accepts the Premises for LESSEE's use "AS IS, WHERE IS".
LESSEE shall not use or occupy, nor pennit or suffer the Premises, the Property, or any
part thereof to be used or occupied for any unlawful or illegal business, use or purpose, nor ill
any way in violation of any present or future govemmentallaws, ordinances, requirements,
orders, directives. rules or regulations.
11. ACCESS TO TIlE PREMISES During all reasonable hours, LESSOR or LESSOR's
agents shaIl have the right, but not the obligation, to enter upon the Premises to examine s~e. to
exhibit the Premises to prospective LESSEEs and during the last 180 days of the term of this
Lease or any renewal thereof, to exhibit the Premises to prospective LESSEEs, and to make such
repairs as may be required of the LESSOR under the terms of this Lease. LESSOR agrees not to
unreasonably interfere with the operation of LESSEE's business. LESSOR shall have the right to
post a "For Rent" sign the maximum size of 4' X 5' which will be displayed on the store front
window during the last one hundred eighty (180) days of the tenn of the Lease or any renewal
thereof.
. .
12. RENOVATIONS and REPAIRS LESSOR shall use its General Contractor to complete
the renovations and repairs set forth in Exhibit "A" and Exhibit "B" attached hereto. LESSOR
shall be responsible for the payment of aU costs associated with the completion of the
renovations and repairs set forth in Exhibit "A". LESSEE shall be responsible for the payment of
all costs associated with completion of the renovations set forth in Exhibit "B". Within 14 days
of the execution of this Lease Agreement, LESSEE shall provide sealed architectural plans ready
for permitting for the interior build-out set forth in Exhibit .'.'Bu to LESSOR. Upon request by
LESSOR and prior to commencement of the renovations set forth in Exhibit "B", LESSEE shall
make payment to LESSOR or its general contractor of an amOllllt sufficient to cover the costs of
the said renovations.
13. ALTERATIONS BY LESSEE LESSEE may install at its expense such tenant
improvements, fixtures and finishes in the Premises, beyond those contemplated in Exhibit "A"
and liB that LESSEE deems necessary and desirable, subject to applicable codes and regulations.
However, LESSEE shall not, without first obtaining the written consent of LESSOR, make any
alterations, additions or improvements in, to or about the leased premises. LESSOR's consent
shall not be unreasonably withheld. All work performed on the leased premises shall be done by
LESSOR'S General Contractor, All renovation work shall be properly permitted with the City of
Boynton Beach and shall comply with all City, County, State.~d Federal governmental laws,
ordinances, requirements, orders, directives, rules or regulations.
14. REPAIRS LESSOR shall perfonn necessary repairs to the roof and exterior
structure of the leased premises. The LESSOR shall have no liability for failure to perfonn this
obligation to repair unless the LESSEE shall have first given the LESSOR written notice of the
need for such repairs and a reasonable amount of time to conduct such repairs.
Upon LESSEE taking possession, LESSEE acknowledges that the premises, both interior
lPld exterior, are in good condition and that aU fixtures, equipment and appurtenances are in good
working order, and agrees to maintain the interior and exterior Premises in the same condition,
order and repair as they are at the commencement of this Lease, and agrees to maintain and make
all repairs and replacements in and about the interior Premises', necessary to preserve them in
good order and condition, which maintenance, repairs and replacements made by LESSEE shall
be performed by licensed and insured workmen in equal quality and class to the original work.
LESSEE shall promptly pay the expense of any such maintenance and repairs or replacement.
LESSEE further agrees to repair, replace and maintain in good and safe condition the electrical,
wiring, plumbing and heatinglait'~conditioning equipment and any other equipment upon the
demised premises and shall sUl1'ender the same, at termination hereof, in good condition, normal
wear and tear excepted, In the event LESSEE fails to maintain andlor repair the demised
premises, as required herein, LESSOR may conduct such maintenance andlor repair as it deems
appropriate and recover such costs from LESSEE within ten (10) days of presenting written
documentation of such repair and/or maintenance costs.
15. INSURANCE During the term of this Lease, the LESSEE shall obtain, at
LESSEE's expense, general liability insurance, satisfactory to LESSOR, issued or endorsed to
insure the LESSOR and any mortgagees from and against any and all claims, suits, actions,
damages and/or causes of action arising during the telm of this Lease for any personal injury,
loss of life and/or damage to propelty sustained in and about the Premises, by reason of or as a
result of LESSEE's occupancy of, and from and against any order, judgments and/or decrees
which may be entered thereon, and from and against all costs, attorneys' fees, expenses and
liabilities incurred in and about the defense of any such claim Rt.].d the investigation thereof, for
an amount not less than One Million Dollars ($1,000,000) for bodily injury and liability and for
an amount not less than Fifty Thousand ($50.000) for property damage. Such insurance shall
name the LESSOR and any mortgagees as named insured as the LESSOR's and any mortgagee's
interests may appear. The insurance policy shall be issued by an insurance company satisfactory
to the LESSOR.
In addition, LESSEE shall obtain, at LESSEE's expense, Business Interruption, fire and
extended insurance coverage in amounts acceptable to LESSOR covering all fixtures, equipment,
improvements and goods located in or on the Premises.
The LESSEE shall deliver to the LESSOR these insurance policies or copies or
certificates thereof immediately upon commencement of the Lease and annually thereafter, upon
renewal of the policies, to assure the LESSOR and any mortgagees that the coverage afforded by
the policies is being maintained continuously by the LESSEE and that the premiums therefor had
been paid by the LESSEE. LESSEE shall also immediately deliver to the LESSOR any notices
of termination of insurance coverage. LESSEE shall cause its insurer(s) to provide LESSOR
thirty day's written advance notice of any cancellation of coverage.
LESSOR shall obtain, at LESSEE's expense, casualty and liability insurance coverages
in amounts satisfactory to LESSOR, including coverage for fire, wind, flood and extended
coverage to cover the cost of repair or replacement of the demised Premises.
16. SUBORDINATION This Lease shall be subjectand subordinate to any mortgage that
now encumbers or affects the Property or that the LESSOR or any subsequent owners of the
Property, may hereafter at any time elect to place on the Premises~ including but not limited to a
purchase money mortgage which may be held by LESSOR as a seller, and to all advances,
extensions, or modifications already made or that may be hereafter made on account of any such
mortgage, to the full extent of the principal sUm secured thereby and issued thereon.
Furthennore, LESSEE shall, upon request, execute any paper of:papers that LESSOR's counsel
may deem necessary to accomplish such subordination of LESSEE's interest in this Lease, in
default of which LESSOR is hereby appointed as LESSEE's attorneYMinMfact to execute such
paper or papers in the name of LESSEE and as the act and deed of LESSEE~ and this authority is
hereby declared to be coupled with an interest and iITevocable.
17. ASSIGNMENT AND SUBLEASING LESSEE shall not assign this Lease, or otherwise
transfer any interest in this Lease, without the prior written consent of the LESSOR, which
consent shall not be unreasonably withheld. No consent to an assignment or sublease shall
release LESSEE from any obligations under this Lease.
LESSEE shall not sublet portions of the Premises without LESSOR's prior written
consent, which shall not be unreasonably withheld. If a sublease is permitted by LESSOR,
LESSEE agrees to furnish LESSOR with a photostatic copy of each sublease made for space in
the Premises.
LESSEE shall not hypothecate, transfer, pledge or otherwise encumber this Lease' or
LESSEE's right hereunder nor shall LESSEE permit any such encumbrance. Any attempt at
assignment, sublease, pledge, transfer or encumbrance of this Lease without the prior written
consent of LESSOR shall be null and void, and a default under this Lease.
. .
LESSEE shall and does hereby indemnify and agree to hold LESSOR harmless from any
and all liabilities, claims~ and causes of action arising under any terms and conditions of this
Lease and every sublease, license or concession agreement, unless such liabilities, claims and
causes of action arise by reason of a default or breach by LESSOR, or the gross negligent
conduct or activity of LESSOR, its agents or employees, under this Lease.
If all or any part of the Premises shall be sublet or occupied by anyone other than
LESSEE, LESSOR may~ after default by LESSEE, collect sub-rent from any and all sub-lessees
or occupants, and apply the net amount collected to the net annual rent reserved herein, but no
such collection shall be, or be deemed to be, a waiver of any agreement, term, covenant or
condition of this Lease or the acceptance by LESSOR of any sub-lessee or occupant as LESSEE,
or a release of LESSEE from perfonnance by LESSEE of its obligations under this Lease. '
To secure the prompt and full payment by LESSEE of All Rent in this Lease reserved and
the faithful perfOlmance by LESSEE of all the other terms and conditions herei:1 contained on its
part to be kept and performed, LESSEE hereby assigns, transfers and sets over unto LESSOR,
subject to the conditions hereinafter set forth, all of LESSEE's right, title and interest in and to all
subleases that may hereafter be made and in and to' all concession agreements hereafter made
affecting any part of the Premises: ' .
18. INDEMNIFICATION OF LESSOR. In addition to any other indemnities to LESSOR
specifically provided in this Lease, LESSEE shall indemnify and save harmless LESSOR against
and from all liabilities, liens, suits, obligations, fines, damages, penalties, claims, costs, charges
and expenses, including reasonable architects' and attorneys' fees by or on behalf of any person
which may be imposed upon or incurred by or asserted against LESSOR by reason of the use
mId/or occupancy of the Premises or any part thereof, or any surrounding areas, by LESSEE or
LESSEE's agents, contractors, servants, employees, licensees 01' invitees during the tenn of this
Lease. This indemnification shall specifically extend to but shall not be limited to loss or
damage arising out of environmental hazards or contamination.
The provisions of this Article and the provisions of' all other indemnity provisions
elsewhere contained in this Lease shall survive the expiration Of earlier termination of this Lease
for events occurring prior to such expiration or termination.
LESSOR shall not in any event whatsoever be Hable for any injury or damage to any
personal propelty or to any person happening on, in or ab01.\t the building being leased, whether
belonging to LESSEE or any other person, caused by any fire, breakage, leakage, defect or bad
condition in any part 01' portion of the Premises, howsoever caused unless such injury or damage
is caused by the gross negligence of the LESSOR, its agents 01' employees, or a breach or default
by LESSOR of its obligations lmder this Lease,
LESSEE shall, at its own cost and expense, if requested by LESSOR, defend any and all
suits or actions Gust or unjust) which may be brought against LESSOR or in which LESSOR
may be impleaded with others upon any such above-mentioned matters, claim or claims. In such
event, LESSOR agrees to cooperate and assist LESSEE and LESSEE's counsel in providing
documentation, plans, specifications and any other agreements or documents which may be
reasonably required by LESSEE and/or LESSEE's agent in order to defend such suit or actions.
In addition to the foregoing, LESSEE shall pay to the LESSOR all costs and expenses, including
reasonable attorneys' fees (including costs, expenses and attomeys' fees in any appellate
proceedings), incurred by LESSOR in any action or proceedinM'? which LESSOR may be made
a party by reason of any act or omission of the LESSEE.
19. RESTRICTION AGAINST CONSTRUCTION LIEN Neither LESSEE nor anyone
claiming by, through or under LESSEE, shall have any right to file or place any lien of any kind
or character whatsoever on the property and notice is hereby given that no contractor,
subcontractor, or anyone else that may furnish any material, service 01' labor to the property at
any time shall be or become entitled to any lien thereon whatsoever. For the further security of
LESSOR, LESSEE shall give actual notice of this restriction in advance to any and all
contractors, subcontractors, or other persons, fums, Of corporations that may furnish any such
material, service, or labor.
LESSOR shall have the right to record a notice of this provision in the Public Records of
the County in which Premises is located.
If such lien is filed against LESSOR's interest on the Property, LESSEE shall cause such
lien to be released of record or bonded off within fifteen (15) days of LESSEE's knowledge of
such lien.
20. CONDEMNATION
a. If at any time during the term of this Lease, the whole or materially all of the
Premises shall be taken for any public or quasi.public purpose by any lawful power or authority
by the exercise of the right of condemnation or eminent domain or by agreement between
LESSOR, LESSEE and those authorized to exercise such right, this Lease, the tenn hereby
granted, any rights of renewal hereof and any renewal tenns hereof, shall terminate and expire on
the date of such taking and the rent and other sum or sums of money and. other charges herein
reserved and provided to be paid by the LESSEE shall be apportioned and paid to the date of
such taking.
b. The term "materially all of the Premises" shall be deemed to mean such pOliion of
the Premises, as when so taken, would leave remaining a balappe of the Premises which, due
either to the area so taken or the location of the part so taken in relation to the part not so taken,
would not allow the LESSEE to continue its business operations, or would not under economic
conditions, zoning laws or building regulations then existing or prevailing, readily accommodate
a new building or buildings of a natw'e similar to the building or buildings existing upon the
Land at the date of such taking and of floor area sufficient, together with buildings not taken in
the condemnation, to operate LESSEE's business, taking into account all reasonable parking
requirements.
c. For the purpose of this Article, the Premises or part thereof, as the case may be,
shall be deemed to have been taken or condemned on the date on which actual possession of the
Premises or a part thereof, as the case may be, is acquired by any lawful power or authority or
the date on which title vests therein, whichever is earlier.
d. It is further understood and agreed that if at any time during the Term of this
Lease the Premises or the Property or the improvements 01' buildings located thereon, or any
portion thereof, be taken or appropriated, or condemned by reason of eminent domain, the entire
award shall be the property of the LESSOR and in no event shall LESSEE receive any portion of
any award made to LESSOR. LESSEE shall have the right to make a separate claim for its own
damages.
e. In the event less than materially all of the Premises shall be taken by
governmental authority, then:
I. If the portion so taken does not affect the operation of LESSEE's business,
then this Lease shall continue in full force and effect.
2. In the event the portion of the Premises are taken so that LESSEE is able
to continue to operate its business, but the operation of such business is reduced by reason of
such taking, then the Base Rent shall be reduced proportionately by the same percentage as the
square footage of the Premises which have been taken by governmental authority bears to the
total square footage of the Premises prior to such taking.
21. DESTRUCTION OF PREMISES
a) In the event the entire Premises or materially all of the Premises are
destroyed by fire or other casualty, LESSOR shall have the option oftenninating
this Lease or of rebuilding the Premises and shall give written notice of such
election to the LESSEE within thirty (30) days after the date of such casualty. In
the event LESSOR elects to rebuild the Premises, the Premises shall be restored to
its former condition within a reasonable time, during which the rent due from
LESSEE to LESSOR hereunder shall abate. In the event LESSOR elects to
telminate this Lease, Rent shall be paid only to the date of such casualty, and the
term of this Lease shall expire as of the date of such casualty and shall be of no
further force and effect and LESSOR shall be entitled to sole possession of the
Premises.
. b.' The tenn "materially all of the Premises" shall be deemed to mean such portion of
the Premises, as when so destroyed, would leave remaining a balance of the Premises which due
to the amount of area destroyed or the location of the part so destroyed in relation to the part left
undamaged would not allow the LESSEE to continue its business 'operations.
c. In the event of a partial destruction which is not materially all of the Premises, the
Base Rent shall proportionately abate based upon the square footage of the Premises remaining
undamaged and LESSOR shall repair the damage.
d. Notwithstanding the foregoing, if the damage or destruction is as a result of the
action or inaction of LESSEE or LESSEE's employees, or agents, invitees, or as a result of
LESSEE not fulfilling all of its obligations under this Lease, no Rent shall abate and LESSEE
shall make all necessary repairs.
22. QUIET ENJOYMENT LESSEE, upon paying the Rent and all other sums and
charges to be paid by it as herein provided, and observing and keeping all covenants, warranties,
agreements and conditions of this Lease on its part to be kept, shall quietly have and enjoy the
Premises during the term of this Lease, without hindrance or molestation by LESSOR.
23. DEFAULTS
hereunder:
Each of the following events shall be an "Event of Default"
a. Failure of LESSEE to pay any installment of Rent or any part thereof, or any
other payments of money, costs or expenses herein agreed to be paid by LESSEE, when due.
b. Failure to observe or perform on one or more of the other terms, conditions,
covenants or agreements of this Lease and the continuance of such failure fOf a period of fifteen
(15) days after written notice by LESSOR specifying such failure (unless such failure requires
work to be perfonned, acts to be done or conditions to be improved, as the case may be, within
such fifteen (15) day period, in which case no default shall be deemed to exist so long as
LESSEE shall have commenced curing the same within such 15 day period, and shall diligently
and continuously prosecute the same to completion).
c. If this Lease or the estate of LESSEE hereunder sltall be transferred to or assigned
to or subleased to or shall pass to any person 01' party, except in a manner herein permitted.
d. If a levy under execution or attachment shall be made against LESSEE or its
property and such execution or attachment shall not be vacated or removed by court order,
bonding or otherwise within a period of thirty (30) days.
e. A rejection of the Lease by a trustee in bankruptcy appointed in connection with
the bankruptcy of the LESSEE.
f. A failure to vacate the Premises upon termination of the Lease.
No payment by LESSEE or receipt by LESSOR of an amount less than the required
payment set forth in the Lease, shall be considered as anything other than a pat1ial payment of
the amount due. No endorsement or statement to the contrary on any check shall be deemed an
accord and satisfaction. LESSOR may accept a partial payment without prejudicing LESSOR's
right to recover the balance of such payment which is still due, and without affecting any other
remedies available to LESSOR.
24. REMEDIES Upon an "Event of Default" as defined above, LESSOR at its option shall
have the following non-exclusive remedies in addition to those provided by law:
a. LESSOR may treat the Lease as terminated whereupon the right of LESSEE to
the possession of the Premises shall immediately terminate, and the mere retention or possession
thereafter by LESSEE shall constitute a forcible detainer.
b. LESSOR may terminate LESSEE's right of possession, without the termination of
this Lease, in which event LESSOR shall have the right to re-Iet the Premises as the agent for the
LESSEE and to hold the LESSEE responsible for any deficiency between the amount of Rent
realized from such re-Ietting, including but not limited to renovation and repair expenses,
Brokerage Expenses, and the amount which would have been payable by LESSEE under the
terms of this Lease. No re"entry or repossession by the LESSOR shall serve to tenninate this
Lease, unless the LESSOR so elects in writing, nor shall it release LESSEE fi'om any liability for
the payment of any Rent stipulated to be paid pursuant to this Lease or for the performance or
fulfillment of any other term or condition provided herein.
c. LESSOR may declare all the installments of Rent for the whole term ofthis Lease
to be .immediately due and payable at once without further demand, in which event all sums
payable to the LESSOR shall bear interest fi'om the date of default at the highest rate permitted
by law.
d. LESSOR shall have the right to take no immediate action and to hold the LESSEE
responsible for the Rent as it becomes due.
e, Any Base Rent which was abated or waived by LESSOR shall also be
immediately due and payable by LESSEE to LESSOR.
f. In the event of a holdover by LESSEE after the termination of this Lease,
LESSOR shall have the right to collect double the ~ount of Base Rent. In addition, LESSEE
shall be responsible for any cost or expenses incurred by LESSOR as a result of such holdover,
including but not limited to any damage incurred by LESSOR as. a result of LESSORts inability
to make the premises available to a new LESSEE.
25. ATTORNEYS' FEES In the event of any litigation arising out of this Lease, the Losing
party shall pay to the Prevailing Party all costs and expenses, including reasonable attorneys' fees
(including appellate proceedings) which the Prevailing Party may incur.
26. CERTIFICATES Either party shall, without charge, at any time and from time to time
hereafter as may be commercially reasonable, within fifteen (15) days after written request of the
other, certify by written instrument duly executed and acknowledged to any mortgagee or
purchaser, or proposed mortgagee or proposed purchaser, or any other person, finn or
corporation specified in such request:
a. As to whether this Lease has been supplemented or amended, and if so, the
substance and manner of such supplement or amendment;
b. As to the validity and force and effect of this Lease, in accordance with its tenor
as then constituted; and
c. As to any other matters as may reasonably be so re.quested.
Any such certificate may be relied upon by the party requesting it and any other person,
rum or corporation to whom the same may be exhibited or delivered, and the contents of such
certificate shall be binding on the party executing same.
Should any banking institution, savings and loan association or other institutional lender
to whom LESSOR is applying for a loan which, if granted, would make such lender a LESSOR's
mortgagee, request reasonable modification in this Lease, the effect of which would not make a
change in the rental or other economic terms of this Lease or increase LESSEE's expenses or the
risk to which LESSEE is exposed, LESSEE agrees that it shall not unreasonably withhold its
agreement to such modification.
27. RADON GAS Radon is a naturally occurring radioactive gas that when it has
accumulated in a building in sufficient quantities may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health \mit.
28.
STORMS
LESSEE agrees to exercise reasonable care to protect the Premises and
Property in the event a public warning should be issued that the Premises are threatened by a
hurricane, tornado or storm of similar magnitude.
29. LESSOR'S RIGHT TO PERFORM LESSEE'S COVENANTS If LESSEE shall at any
time fail to make any payments in accordance with the provisions hereo~ or to take out, pay for,
maintain or deliver any of the insw'ance policies provided for herein, or shall fail to make any
other payment or perform any other act on its part to be made or performed, then LESSOR, after
fifteen (15) days notice to LESSEE (without notice in case of an emergency) and without
waiving or releasing LESSEE from any obligation of LESSEE contained in this Lease, may (but
under no obligation to):
a. Pay any amount payable by LESSEE purs:uant to.tpe provisions hereof, or
b. Make any other payment or perform any other act on LESSEE's part to be made
or performed as in this Lease provided, and may enter upon the Premises for the purpose and
take all such action thereon as may- be necessary therefor.
All sums so paid by LESSOR and all costs and expenses incurred by LESSOR in
connection with the perfonnance of any such act, shall bear interest at the highest rate allowed
by law.
30. NOTICE Any notice, designation, consent, approval or other communication required
or permitted to be given pursuant to the provisions of this Agreement shall be given. in writing
and shall be sent by registered or certified mail, postage prepaid, return receipt requested,
addressed to the addresses set forth on the first page of this Lease. Notice may also be given by
hand-delivery.
Either party may, by notice given in accordance with the provisions in this section,
designate any further or different address to which ~ubsequent notices, designations, consents,
approvals or other communications pursuant to the provisions of this Agreement shall be sent.
Any notice, designation, consent, approval or other communication shall be deposited in any post
office or official depository of the United States Postal Service in the State of Florida.
31. HAZARDOUS MATERIAL LESSEE shall not knowingly cause or permit any
hazardous material to be brought upon, kept, or used in Of about the Premises by LESSEE, its
agents, employees, contractors or invitees. If the Premises are, through LESSEE's fault,
contaminated by hazardous materials, then LESSEE shall indemnify, defend and hold LESSOR
harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses
(including without limitation, diminution in value or useable space or of any amenity of the
Premises), damages arising from any adverse impact on marketing of space, and sums paid in
settlement of claims, attorney's fees, consultants fees and expert fees (including any appeals)
which arise during the lease term as a result of any such contamination.
Thisindemnificatiol1 by LESSEE includes, without limitation, costs incurred in
connection with any investigation of site conditions or any clean up, remediation, removal or
restoration work required by any federal, state or local government agency or political
subdivision because of hazardous material present in the soil or ground water on or under the
Premises. Without limiting the foregoing, if the presence of any hazardous material on the
Premises is detected, LESSEE shall promptly take all actions at its sole expense as are necessary
to retunl the Premises to the condition existing prior to the contamination or introduction of such
hazardous material to the Premises; provided, however, that LESSOR's approval of such actions
shall first be obtained, which approval shall not be unreasonably withheld, so long as such
actions would not potentially have any material adverse effect on the Premises.
As used herein, the tem1 hazardous materials means any hazardous or toxic substance,
material or waste, which is or becomes regulated by any local government authority, the State of
Florida or the United States government. The term flhazardous material" includes, without
limitation, any material or substance that is (1) defined as a "hazardous substance" under
appropriate state law provisions, (2) petroleum, (3) asbestos, (4) designated as a "hazardous
substahceH pursuant to Section 311 of the Federal Water Pollution Control Act (33 USC 1321),
(5) defined as a hazardous waste pursuant to Section 1004 of the Federal Resource Conservation
and Recovery Act, (42 USC 690); (6) defined as a hazardous substance pursuant to Section 10 of
the Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601),
or (7) defined as a regulated substance pursuant to Sub-Chapter VIII, Solid Waste Disposal Act
(the regulation of underground storage tanks), (42 USC 4991).
32. LESSEE'S BUSINESS None ofthe provisions of this Lease shall be deemed or construed
as reserving to LESSOR any right to exercise any control over the business or operations of
LESSEE conducted upon the Premises or to direct in any respect the details or manner in which
any such business relationship other than a LESSORlLESSEE relationship is found. LESSEE is
an independent businessperson and neither LESSEE nor any party or parties employed by
LESSEE are agents. servants 01' employees of LESSOR and LESSEE agrees that in LESSEE's
dealing with the public, LESSEE will not represent or hold its employees as agents, servants or
employees of LESSOR.
33. SIGNS LESSEE shall not place 01' permit to be placed or maintained on any interior 01'
exterior door, wall Of window of the Premises or Prope11y any sign, awning 01' canopy or
advertising matter or other thing of any kind or decoration, nor will any illuminated sign be
placed in the window display area(s) of the Premises or Property y.rithout LESSOR's prior
written approval and consent.
LESSEE shall be responsible for the cost of an outdoor building sign, installation and
petmit fees/costs. Outdoor building sign must comply with city sign regulations. The outdoor
building sign shall be the similar in style, size and color as the other signs on the building and
must be approved by the LESSOR in writing prior to city permit and installation. LESSEE shall
remove the outdoor building sign, repair holes and paint the area where signed appeared prior to
the expiration of Lease at LESSEE's expense.
. 34. MISCELLANEOUS
The parties further agree as follows;
a. The covenants, conditions and agreements contained in this Lease shall bind and
inure to the benefit of LESSOR and LESSEE and their respective heirs, successors,
administrators, representatives and permitted assigns.
b. This Lease and the performance thereof shall be governed, interpreted, construed
and regulated by the laws of the State of Florida.
c. The rights of the LESSOR under the terms of this Lease shall be cumulative, and
failure on the part of LESSOR to exercise promptly any rights given under the terms of this
Lease shall riot operate to forfeit any of said rights nor shall the same be deemed a waiver of
such rights.
d. The parties acknowledge that each has had the opportunity to have this Agreement
reviewed by counsel and notwithstanding the fact that this Agreement was initially drafted by .
Arthur B. D' Almeida, P.A., the attorneys for LESSOR, all parties have participated equally in
tl).~ final wording of this Agreement, and in the event of any disp\!te regarding the meaning of
any of the terms herein, such te1'l11S shall not be construed againstthe LESSOR and/or Arthur B.
D'Almeida, P.A.
e. This Lease shall not be recorded in the Public Records.
f. This Agreement represents the entire understanding between the parties, and
supersedes aU prior agreements, oral or written, and this Lease Agreement may not be amended
except by an instrument in writing signed by the parties hereto.
g. The submission of this document for examination does not constitute an option or
offer to lease space at the Property. This document shall have no binding effect on the parties
unless executed by the LESSOR and the LESSEE and a fully executed .copy is delivered to the
LESSEE.
h. The LESSOR and LESSEE understand and agree that TIME IS OF THE
ESSENCE of all of the tenns and provisions of this Lease agreement.
i. If any term, covenant, condition, or provision of this Lease or the application
thereof to any person or circumstance shall, at any time or to any extent, be inva!id or
un~nforceable, the remainder of this Lease, or the application. of such term or provision of
persons or circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected thereby, and each tenn, covenant, condition, and provision of this Lease shall be
valid and be enforced to the fullest extent permitted by law.
j. No Judgment shall be taken against any partner, subsidiary, officer, shareholder,
director, employee, sister corporation or agent of LESSOR and no Writ of Execution shall be
levied against the assets of any pa11ner, subsidiary, officer, shareholder, director, employee, sister
corporation or agent of LESSOR. Any liability of LESSOR shall be limited to LESSOR's
interest in the Propelty.
35. BANKRUPTCY Notwithstanding anything herein to tb~ contrary, in the event LESSEE
is the subject of any bankruptcy (including reorganization or arrangement proceedings pursuant
to any bankruptcy), voluntary or involuntary, then LESSOR shall have the right to terminate this
Lease.
36, JURY TRIAL WAIVER THE PARTIES HEREBY WAIVE ANY RIGHTS TO A
TRIAL BY JURY IN ANY ACTION BASED UPON OR ARISING OUT OF OR IN
CONJUNCTION WITH THIS LEASE.
37. OPTION TO EXTEND LEASE: Provided LESSEE has paid all rent on or before the ih
day of each month and there has been no event of default under any of the terms of this lease
whatsoever, LESSEE, shall have the right ("Option"), to be exercised as provided for in this
Article, to extend this Lease for one (1) Renewal Term offive years commencing upon the
expiration of the initial Lease telm provided for herein. The Lease during the five~year extension
shall be treated as a triple net lease in all respects, pursuant to which LESSEE shall be
responsible for the payment of all Expenses as heretofore defined The base rental shall be as
provided below and shall be increased at a rate of 5% per annum. Monthly rent payments shall
be paid as follows:
1st Year Extension ~ $7,505.97 pel' month base rent plus Expenses and applicable sales tax.
2nd Year Extension ~ $7,881.27 per month base rent plus Expenses and applicable
sales tax,
3rd Year Extension _ $8,275.33 per month base rent plus Expenses and applicable
sales tax.
4th Year Extension - $8,689.10 per month base rent plus Expenses and applicable
sales tax.
5th Year Extension - $9,123.56 per month base rent plus Expenses and applicable
sales tax.
a. The Option to Extend Lease may be exercised only if no default exists
under any of the terms of this Lease when the Option becomes exercisable
and there has been no event of default under any of the terms of this lease
whatsoever dming the initial ten year teon of this Lease. In addition, if
LESSEE has been in default by a reason of a failure to pay money when
due dm'ing the Lease term, no Option to Exlend may be exercised.
b. The Renewal Term shall be on the same telms, covenants and conditions
provided for in this Lease, except there shall be no privilege to extend the
telnl of this Lease for any period of time after the expiration of the
Renewal Term. The Base Rent for the Renewal Term shall be increased
by 5% percent per annum.
The right to extend the Lease shall be exercised in the following manner:
a. At least one hundred eighty (180) days pri6r to the expiration of the initial
term, LESSEE shall notify LESSOR in writing of its election to exercise the right
to extend the term of this Lease fOf the renewal term;
b. Upon the giving of the notice of exercise of this extension option, the
Lease shall be deemed to be renewed and the term thereof renewed for the period
and upon the terms provided above without the execution of further
lease or instrument.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
WIlNESS:
LESSOR:
Printed Name:
710 BOYNTON P ARlNERS, LLC
BY
Arthur B. D' Almeida (Date)
Managing Member
Printed Name:
LESSEE:
BOYNTON BEACH COMMUNITY
REDEVELOPMENTAGENCY
Printed Name:
By:
Printed Name:
(Date)
EXHIBIT "A"
LESSOR's Work:
LESSOR shall complete the following-renovations and repairs at
LESSOR's expense:
Demolition (interior and exterior)
Repair concrete floor footings
Install 3 steel columns
Replace existing doors and windows with new hurricane impact
resistant doors and windows
New exterior stucco
New shingle roof
Exterior paint
Clean, patch, seal and stripe exterior parking lot
HV AC -- three new five ton units.
Electric-New 400 AMP Service and Two 200 Amp Interior Panels
Plumbing - Two bathrooms and one water fountain
HV AC interior
Interior electric per code/outlets per code
Telephone/computer outlets - W' empty conduit - 1 per
office
Interior lighting (2'x4' parabolic fixtures)
Fire alarm system per code
Exclusions:
Security, telephone and computer systems
Landscaping
Estimated Cost: $240,000
EXHIBIT "B"
LESSEE's Work:
LESSEE shall provide to LESSOR's General Contractor sealed
architectural plans ready for permitting detailing the following
renovations to be completed at LESSEE's expense:
Drywall partitions
Interior
Prep floors
New carpeting
VCT at two batlU'ooms
Vinyl base
New cabinets - break room
Fire extinguishers
Ceilings - 2'x4'
New doors and hardware
Carpentry labor
Miscellaneous specialties
Or as amended by LESSEE in its discretion, subject to approvafl:iy LESSOR.
Estimated cost: $88,000
~~~~Y~T2~lCRA
. East Side-West Side-Seaside Renaolssance
eRA BOARD MEETING OF: September 14, 2010
I Consent Agenda I I Old Business I I New Business I I Legal I X I Other
SUBJECT: Palm Beach County Intracoastal Waterway Plan & PBC Resolution 2010-1198
SUMMARY:
. In 2005, CRA staff participated in the Palm Beach County Economic Summit, it
was recommended that an Intracoastal Waterway Master Plan be created.
. In 2007, the 21 st Century Strategic Economic Development Plan was adopted by
the Board of County Commissioners.
. In 2008, the CRA Board received a copy of the 21st Century E.D. Plan at the Board
Training Workshop.
. In 2008, the Executive Director was appointed as the CRA Liaison to the PBC
Overall Economic Development Committee to assist with plan implementation.
. In 2008, Treasure Coast Regional Planning Council was contracted to prepare a
Master Plan for the Palm Beach Metropolitan Planning Organization
. In 2009, the draft of the Master Plan was finalized
. In 2010, the multi-agency working group was established to implement key
recommendations to the plan.
. At August 17, 2010, Board of County Commissioners approved Resolution No.
2010-1198 supporting the Intracoastal Waterway Plan.
. Each of the seven identified Marina Villages were requested to seek local
municipal support for the Resolution 2010-1198.
FISCAL IMPACT: None.
CRA PLAN, PROGRAM OR PROJECT: Boynton Harbor Marina Master Plan
MEe;;IONS: Approve PBC Board of Commissioners R20 1 0-1198
. a Bright, Executi irector
T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board
Meetings\09-14-1 O\lCW .doc
Agenda Item No.
PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
3 A. 7
SA J ~. f., - 0
1(, 2-0/D - j/qf
Meeting Date:
Department:
Submitted By:
August 17, 2010
[x] Consent
[ ] Workshop
[ ] Regular
[ J Public Hearing
Administration
Economic Development OffIce
I. EXECUTIVE BRIEF
Motion and Title: Staff recommends motion to adopt: A Resolution by the Board of County
Commissioners of Palm Beach County, Florida supporting the Intracoastal Waterway plan for
Palm Beach County and establishing a Working Partnership with the seven identified Marina
Villages.
Summary: During the 2005 Palm Beach County Economic Summit, it was recommended that an
Intracoastal Waterway Master Plan (Plan) be created. This recommendation was subsequently
incorporated in the Strategic Economic Development Plan. adopted by the Board of County
Commissioners on March 13,2007. The Plan sets a shared vision, common goals and methods to
achieve those goals that are important to protecting working waterfronts. The Plan is organized
around six core public themes including increasing public access to the waterway, protecting
natural resources, expanding forms of water-based transportation, increasing and enhancing
nature based recreational and eco tourism opportunities. creating a system of marina "villages.
and other key waterfront destinations and promoting sustainable economics. In June 201 0, a PBC
multi-agency working group was established to implement key recommendations from the Plan.
The working group consists of the Marina Villages of Jupiter, Palm Beach Gardens, Riviera
Beach, West Palm Beach, Lake Worth, Lantana, and Boynton Beach, the PBC Economic
Development Office, Florida Inland Navigation District, TCRPC, Metropolitan Planning
Organization, Tourist Development Council, PBC Environmental Resources Management, and
PBC Parks & Recreation. The goal of the group will be to proceed in developing the appropriate
partnerships, action plans, time frames and funding mechanisms in order to facilitate the Plan. In
addition, each of the seven Marina Villages are currently seeking to bring forth resolutions to their
boards to establish a working partnership between the County and the respective municipalities.
No County match funds are required to complete this project. Countywide (OW)
Background: The Intracoastal Waterway is a roughly 43-mile long, multi-use "water highway"
that provides a desirable transportation route for recreational and commercial boating vessels and
the many transient vessels traveling through PBC from other states and oountries. The Waterway
is a key regional connector, linking twenty-three of PBC's thirty-eight municipalities. The above
mentioned charrette process addressed Waterway issues that included public access, land-use
patterns, natural, marine and park & recreational systems. along with overall economic issues.
The resulting Plan is a multi-tiered, multi-agency document that embodies scores of different
programs and projects and sets forth a bold and comprehensive vision and implementation plan
that, when realized, will transform the waterway into a world-class destination. The Master Plan
integrates continued ongoing environmental restoration and enhancement initiatives and calls for
expanding economic, cultural, and recreational opportunities. The Plan also addresses the
strengthening of existing transportation connections to improve the quality of life for residents of
and visitors to PBC. Continued inter-agency engagement will be critical for the Plan's successful
implementation, especially between and among local governments and regulatory and permitting
agencies
Attachments:
1. Intracoastal Waterway Resolution
========================================================================
J? - J-/ ()
Date
Recommended By:
Approved By:
II. FISCAL IMPACT ANALYSIS
A. Five Year Summary of Fiscal Impact:
Fiscal Years 2010 - 2011- 2012 2013 2014
Capital Expenditures -L -L -L -L -1l
Grant Expenditure -L -L -.JL -1l
External Revenues -L -L -L -.JL -1l
Program Income (PSC) -L -L -L -L -1l
In-Kind Match (PBC) -L -L -L -L -1l
NET FISCAL IMPACT *See Below
# ADDITIONAL FTE
POSITIONS (Cumulative) -L
Is Item Included In Current Budget? Yes No~
Budget Account No: Fund_ Department_ Unit_ Object
B. Recommended Sources of Funds/Summary of Fiscal Impact:
* There is no net fiscal impact associated with supporting this Plan and establishing a working
partnership agreement with the Marina Villages,
C. Departmental Fiscal Review~ t~ ---.Jo
Economic De ment
III. REVIEW COMMENTS
A. OFMB Fiscal and/or Contract Administration Comme
~ OFMB
~~~ho
B. Legal Sufficiency:
~~
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C. Other Department Review:
Department Director
This summary Is not to be used as a basis for payment.
2
RESOLUTION NO. WQ: 1198
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF PALM
BEACH COUNTY, FLORIDA SUPPORTING THE INTRACOASTAL
WATERWAY PLAN FOR PALM BEACH COUNTY AND ESTABLISHING A
WORKING PARTNERSHIP WITH THE SEVEN IDENTIFIED MARINA
VilLAGES.
WHEREAS, the Palm Beach County 2007 Strategic Economic
Development Plan called for developing a Regional Economic Waterway Master
Plan that resulted in the Intracoastal Waterway Plan for Palm Beach County;
and
WHEREAS, the roughly 43-mile long, multi-use "water highway" provides
a desirable transportation route for recreational and commercial boating vessels
and the many transient vessels traveling through Palm Beach County from other
states and countries, as well as for manatees and marine life; and
WHEREAS. the waterway connects twenty-three of the County's thirty-
eight municipalities emphasizing its role as an important regional connector; and
WHEREAS, the Intracoastal Waterway Plan (Plan) sets a shared vision.
common goals and methods to achieve those goals important to protecting
working waterfronts including marinas, boat yards, and the Port of Palm Beach;
and
WHEREAS, the Plan is organized around six core public themes
including increasing publiC access to the waterway, protecting natural
resources, expanding forms of water-based transportation, increasing and
enhancing nature based recreational and eco-tourism opportunities, creating a
system of marina "villages" and other key waterfront destinations and promoting
sustainable economics; and
WHEREAS, a Palm Beach County multi-agency working group has been
established to implement the Plan that includes the Marina Villages (including
Jupiter, Palm Beach Gardens, Riviera Beach, West Palm Beach, Lake Worth.
Lantana, and Boynton Beach), the Economic Development Office, Florida Inland
Navigation District, Treasure Coast Regional Planning Council, Metropolitan
Planning Organization, Tourist Development Council, Environmental Resources
Management, and Parks & Recreation; and
WHEREAS. the working group will proceed in developing the appropriate
partnerships, action plans, time frames and funding mechanisms in order to
facilitate the Intracoastal Waterway Plan,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, THAT:
Section I. The foregoing recitals are true and correct and are
expressly incorporated herein by reference and made a part hereof.
Section II. Palm Beach County hereby expresses its desire to support
the Intracoastal Waterway Plan by increasing public access to the waterway,
protecting natural resources, expanding forms of water-based transportation,
increasing and enhancing nature based recreational and eco-tourism
opportunities, creating a system of marina .villages' and other key waterfront
destinations and promoting sustainable economics.
The foregoing Resolution was offered by Commissioner Abr ams
who moved its adoption, The motion was seconded by Commissioner Marcus
and, being put to a vote, the vote was as follows:
COMMISSIONER BURT AARONSON, CHAIR
COMMISSIONER KAREN T. MARCUS, VICE CHAIR
BCC DISTRICT 2 VACANT
COMMISSIONER SHELLEY VANA
COMMISSIONER STEVEN L. ABRAMS
COMMISSIONER JESS R. SANTAMARIA
COMMISSIONER PRISCILLA A TAYLOR
Aye
.All
Aye
~
Aye
~
The Chair thereupon declared the Resolution duly passed and adopted this
17th day of August ,2010.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY
COMMISSIONERS
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'"'TATE OF flORIDA, COUNTY OF ;~~'~o.'re~"'l
:J :-'I..Jt>RON R BOCK. Clerk a.PPi'&.;"'V-th . ';n" ""
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THE INTRACOASTAL WATERWAY PLAN FOR PALM BEACH COUNTY:
CHARTING A COURSE FOR THE FUTURE
~4 Master Plan Created by the Charrette Process
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PREPARED BY THE TREASLRE COAST REGIONAL PLANNING COUNCIL
JANUARY 2009
DRAFT
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ACKNOWLEDGEMENTS
Charrette Steering Committee Members
Gary Hines, Business Development Board
Kevin Johns, PBC Economic Development
Jim Murley, Florida Atlantic University I CUES
David Roach, Florida Inland Navigational District
Rob Robbins, PBC Environmental Resources Management
Jamie Titcomb, Gold Coast Lea!,>tle of Cities
Randy \,\!hitfie1d, Palm Beach Metropolitan Planning Organization
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n I a n R i v c r S t L u c i e M a r t 1 n p a I m B
ORA F T
TABLE OF CONTENTS
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r~X EeL'T! VE Su \1\1,\ RY........................... ....,..................,...................,..........................................................................1
FOR\li\TlON UF TH E PLl\N....... .... ..... ........ ....... ..,....... ....... ...... ...... ,...... ............................,... ............. ......... ............... 7
HIST()RIC\L OVERVIE\,': PROU)GUE FOR TIlE FUTURE................................."....................,..........................,........21
PUB LIC ACCESS................, ....... .................................."..........................,........... .... ..................... ..............., .....,.......... .35
PROTECTION OF NK1T R..-\L RESOCRCES.............,.,....,.......,..........................................,.............,...................... ..69
\'V ATER - BAS ED TRANS PORTATll)N...............,...............,..........................................,............,......,.......................... ..83
Eo)-TC)URlS\l r\ND RF,CREATl()NAL OPPC1RTUNITI 15...........................................,........................,...,.. .....,.........,.....1 09
NL-\RINA VILLAGES AND DESTINATIONS,................................................................................,..........................,....119
S L:ST,\ I NABI.EECONOilllCS......... .....,....................................... ...... ........... ............... .... .................,...................... ...151
1 Ml'LE\1 ENTATION............................................................................,....,..........,.....,.................... ..193
\J CHARR ETTF, 'fE,\ \1...............,..........,.........,.,.........."...........................,.................................,............................... .205
j\ ppendix ........... .................................. .................,....,.....,......., ....................... ................................"............ .........207
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TREASURE COAST
Indian River S
R I'. c; I C) N ,-\ L P L .-\ N N I .'.; (; c: () t' :'oJ C' l I,
LUCie 1\lartlll Palm Beach
DRAFT
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NOTE TO READERS
The following is a draft Intracoastal \'{'atcf\vay Plan for Palm Beach County elL
vt'loped for the Palm Beach \letropolitan PLlnnlng (hganlzation Ifl a public
process faciliuted by the Trcasure Coast Regional Planning Council. This plan
was created with the guidance of a project steerlI1g committee and With public
input generated during a public planning charrette conducted in May 2(1118.
This draft document is clrclllated for the purposes of revIew and refinement of
the general concepts, ~lnalvsls, findings, and n:commendations conta1l1ed herein
For more information regarding this project, please contact:
(,im DeLaney, Ph.D.
Growth i\bnagement Coordinat,)r
Treasure Coast Regional Planning Council
421 S\V Camden l\venlle
Stuart, Florida .~)49()4
(772) 22 I 4()CJ()
kdelaney@tcrpc.org
'.
Randy \Vhitficld, P. L:.
f~:xecutive Director
Palm Beach Metropolitan Planning Organi7ation
2300 Jog Road
\'(est Palm Beach, Florida ,))411
(561) 684.417n
T R "- \ S l R I c: () \ S T R I. ( , ( ) ~, . \ I [l I \ "- \. I "- (; C , ) "- I
I 11 d i a n R i \. C r S r. u c I c \f :1 r ( I n P a 1 m B c ;\ ( h
0 RAFT
TABLE OF CONTENTS
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I n d 1 a n R 1 V e r S t L 1I C I e M a r t 1 n P a I In 13 e a c h
H DRAFT
EXECUTIVE SUMMARY
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EXECUTIVE SUMMARY
The Palm Beach County Intracoastal Waterway:
Charting a Course for the Future
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The Intracoastal Waterway (Iew') represents one of
Palm Beach County's most identifiable, complex, and
asset-creating marine facilities. The roughly 43-mile
long, multi-use "water highway" provides a desirable
transportation route for recreational, freight, and
commercial boating vessels as well as for manatees
and marine life. It offers access to more than 1 000
,
waterway-related businesses, highly desirable homes
and residential neighborhoods, and nodes of
restaurant, retail, and entertainment destinations. The
Intracoastal also provides numerous opportunities for
recreational and eco-tourism activities ~ birding,
fishing, canoeing, sailing - or a simple afternoon of
picnicking on the water's edge. In addition, the
waterway connects 23 of the County's 38
municipalities, underscoring its role as an important
regional connector.
Recognizing the importance of an environmentally
sound, competitive, and modern Intracoastal
\\?aterway for the County's long-term viability, Palm
Beach County's 2007 Strategic Economic
Development Plan called for developing a regional
economic waterway master plan that builds on its
unique assets. Development of such a plan, which
sets out a shared vision, common goals, and methods
to achieve those goals, is consistent with similar
initiatives in \,"orld-class communities, both in the u.s.
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Within Palm Beach County, the Intracoastal encompasses 43
linear miles of shoreline east and west. cutting through 23 mu-
nicipalities with a broad variety of upland conditions.
Completion of the Intracoastal Waterway
Completion of the Florida Intracoastal
Watenvay forges the last long lil1k in the
in/and route from northern lvaters to south-
ern Florida.... IPith sbeltered paHal,e
along Florida's entire eastern seaboard, the
joy of cruising to Palm Beach or A1iallli or
still farther southward through the keys to
Key West is 110 10llger limited to thou IPho
own eitber big sea-going yachts or sturdy
boats of f'xceptiollal!y shallow draft.... So
this year cruise in Florida's encb(lnted Jva-
ten, Ivhere the tropics Iveal'e their strongest
spell.
Commission of the Florida Inbtnd Naviga-
tion District - Announcing the Comple-
tion of the Florida Intracoastal Waterway
Jacksonville to Miami, ciro 1935
and around the world (from Seattle and Vancouver
to Toronto, r..lonaco, and London). The goal of
those plans is to boost the regional economies and
guality of place by enhancing, linking together, and
capitalizing on their unique environmental and
cultural assets. Reviews of these documents quickly
indicate the broad nature of these efforts, addressing
economics as well as land use, transportntion,
environmental systems, and other aspects of their
respective watet'\vays and waterfronts.
For Palm Beach County, a waterway master plan also
reinforces another important count\' and state
objective: to protect and retain working waterfronts,
including those areas that house watl.:r-depenclent
,lCtivities such as marinas and the Port of Palm Beach.
The broad range of issues related to working
. .
waterfronts and marine industries is addressed in this
ICW Plan for Palm Beach County.
The development of a master plan for the Palm
Beach County portion of the IC\'\' requires ,1 l11ulti-
T R 1\ A S (J R E C ( ) :\ S T R E (; I () :\ :\ I. P I. .-\ ~ :\ ~ (; C () t: N C 1 I.
I n d I a n R i v e r S t L u C I e :\I a r t I n P a I m 13 e a c h
DRAFT
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EXECUTIVE SUMMARY
agency, multi-disciplinary effort, crossing nearly two
dozen jurisdictional boundaries and numerous
regulatory and advisory agencies. Within Palm Beach
County, the Intracoastal covers 43 miles, with
coastline on both sides, and tens of thousands of
individual properties. To initiate the effort, the Palm
Beach Metropolitan Planning Organization ~rpO),
which is responsible for integrating all modes of
transportation planning and programming, including
water-based transportation as well as economics,
As represented in the map above, the Palm Beach County Intra-
coastal study area includes the entire length of the waterway (a
total of 43 miles) and all properties a half-mile both east and west
of the shoreline.
environmental sustainability, and quality of life
enhancement, partnered with the Florida Inland
Navigational District (FIND), a special taxing district
responsible for the continued management and
maintenance of the watenvay in Florida.
These two lead agencies engaged the Treasure Coast
Regional Planning Council (fCRPC) to develop the
ICW Plan in conjunction with Palm Beach County
(particularly the Oftice of Economic Development
and the Department of Environmental Resource
Management), the Florida League of Cities' Gold
Coast Chapter, the Palm Beach County Business
Development Board, and the Center for Urban and
Environmental Solutions ,u Plorida Atlantic
University. Representatives of these different
organizations comprised a steering committee, which
guided the project's due diligence as well as a highly
participatory planning process led by TCRPC in 2008
to develop the plan.
The resulting Palm Beach County Intracoastal
\X\uerway Master Plan detailed in this report sets
fort~ a bold and comprehensive vision and
implementation plan that, when realized, will
transform the waterway into a \,",orld-class destination.
It integrates continued ongoing environmental
restoration and enhancement initiatives and calls for
expanding economic, cultural, and recreational
opportunities and strengthening transportation
connections to improve the quality of life for
residents of and visitors to Palm Beach County.
OVERVIEW OF THE PROCESS
The development of the vision and master plan
began in the fall of 2007 \\o;th the establishment of a
multi-agency steering committ~e comprised of
agency n:presentatives. After several months of due
diligence and b;1Ckground review of em-going efforts
throughout the County as well as watel\vay plans in
other parts of the nation and world, the public
planning process was initiated in the spring of 2008.
I\lure than 40 stakeholder interviews wcre conductl'd,
T R E .\ S U R I~ C ( ) ,\ S T R E (j I U :--; ;\ I. P I. A :--; :--; N (; C 0 11 t'\ C I I.
I n d 1 a n R i v e r S t L II C I e 1\1 a r t I n P a I m B c a c h
2 DRAFT
EXECUTIVE SUMMARY
[it
followed by a seven-day public design charrette (a
series of highly interactive workshops) from ~by 9
through May 15, 2008 that enabled some 150
residents, property and business owners, and agency
representatives to work side-by-side to understand the
history, current features, challenges, and opportunities
related to the waterway. Participants in the charrette
were supported by a multi-disciplinary design team,
who received additional public input during initial
public input session as well as the desib'11 studio, which
v.'as open from 9 AJ\l until 9 Pf\.l for the balance of
the week. The resulting ideas provided the basis for
the development of this comprehensive blueprint
that is intended to guide decisions that shape the
development along and access to the Intracoastal for
generations to come.
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The master planning process began with
understanding the waterway's history, current role,
and condition. Participants learned that a connected
sheltered inland watenvay located behind the barrier
islands was created for economic reasons - to
expedite the movement of goods (winter fruits and
vegetables) north ,lOd settlers south as well as provide
access to the land along the waterway. To do that, a
series of primitive canals were dredged to connect
existing natural waterbodies. Over time, those canals
were expanded to today's 10- foot deep and 125- foot
wide Intracoastal channel, resulting in the current mix
of waterway users (ranging from heavy freight and
commercial ventures such as water taxis and charter
cruises to recreational boaters and kayakers, and a
migratory corridor for manatees).
Planning p,1rticipants also learned that the waterway
is fulfilling its role to provide access to the adjoining
land. However, buth the upland/waterway
relationship as well ,1S the use of the water has created
instances of environmental distress, a condition that
has begun to improve with major investments in
remediation and enhancement. Tocby's Intracoastal
\'\-!aterway is lined by and links together a series of
thrh.ing cities and towns that emerged from the early
agricultural settlements created when the waterway
,)
was first constructed, a broad range of water-
dependent businesses and recreational uses, a variety
of residential opportunities, spoil islands created from
dredge material, and protected natura] areas. Tv.-'o key
initiatives to improve the natural environment arc the
revised Lake Worth Lagoon j\Ianagemcnt Plan
(designed to improve and monitor water quality,
reduce the amount of suspended sediment, and
restore habitat) and the P,11m Beach County 1\Iahatee
Protection Plan (developed to protect manatees and
their habitat as well as increase public and boater
awareness of manatee needs).
CORE PUBLIC THEMES
Outlined in the following chapters, the participants in
the charrette identified six core areas, which have
been used in the organization of the plan. These
include:
.
Increasing public access to the waterway,
defined as locations offering unrestricted
interaction with the water (for both large and
small vessels, motorized and non-motorized,
as well as those walking, fishing, wading, and
swimming along the IC\X-')..
.
Protecting natural resources, particularly
the natural areas along the waterway and the
Lake Worth Lagoon (the largest natural area
of the waterway and a major estuarine
resource) as well as the other natural systems.
.
Expanding all forms of water-based
transportation (the foundation for the
creation of the lntmcoastal \\'aterway and still
crucial to the future prosperity of water-
based and dependent activities), with
accommodation for a range of water vessels,
including w,1ter taxis, ferries, and motorized
and non-motorized "\.vatercraft).
T R I~ !\ S {J R I': C ( ) ,\ ~ T R I', ( ; I () :-... i\ L P L :\ ~ :-.J ~ (; C ( ) t, ;\J c: I I.
] n d I a n R i v e r S t L u C I c ;\1 a r t I n P a I 111 B e a c h
DRAFT 3
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EXECUTIVE SUMMARY
.
Beach into \Vest Palm Beach;
Increasing and enhancing nature-based
recreational and eeo-tourism
opportunities.
.
Creating a system of marina "villages"
and other key waterfront destinations.
along the waterway and interconnecting those
destinations through improved water
transportation (for example, via water taxis).
.
Promoting sustainable economics,
particularly in the marine, hospitality, and
tourism-related industries.
In addition to chapters that correspond to the topics
outlined above, the master plan contains two opening
chapters outlining, respectively, the history of the
Intracoastal \,\'aterway in Palm Beach County and the
process used to develop the plan.
KEY PUBLIC RECOMMENDATIONS
The ICW Plan for Palm Beach County is a ll1ulti-
tiered, multi-agency document that embodies scores
of different programs and projects. The general
findings and recommendations for each of the core
issue ,ueas are presented at the conel usion e)f the
respective chapters. The plan supports the
continuation of many of the on-going programs
underway presently, particularly those related to the
protection of natural resources, recreation,
environmental enhancement, and public access. In
addition, this report recommends the following key
programs, projects, and strategies:
.
Create a "\\'orking \'('aterfronts" Task Force
to support marine industrial uses help
develop supportive policies and regulations;
.
Explore development of a J\hrine Industry
Cluster;
.
Esublish a "l\Iegayacht l\1ile" overlay from
the Blue Hewn Bridge, south through Ri"il'ra
.
Create a workforce development program for
the marine industries sector to support and
expand the industry;
.
Develop manne district overlay zones, in
conjunction with working waterfront
designations, to protect these areas and
identify and better organize supporting
ancillary uses;
.
Support on-going marina village efforts in
Jupiter, Riviera Beach, \'V'est Palm Beach, and
Boynton Beach and further analyze the three
marina village opportunities identitted in this
report (Palm Beach Gardens/North Palm
Beach, Lake \Vorth, and Lantana);
.
Further analyze establishment of a County-
wide water taxi service and high-speed ferry
servIce;
.
Require expanded public access to the IC\X!
with new development and redevelopment;
.
Identify street-end park opportunities with
specialized regulations for their development
and maintenance;
Sunset on the Intracoastal; photo by Greg Reynolds.
N (; COLI ~ C
Pal In B
T R fC ,\ S l, R E C U .\ S T R fC c; I u 1\: A L P I. ,\ :-J ~
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4 DRAFT
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e a c h
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EXECUTIVE SUMMARY
Enhance l'cowurism and nature-based
recreatiun with a grecnways/blueways
mapping and infurmation system, expanded
public access for spoil islands and other
restoration efforts, and improved purtage
facilities for canoe/kayak users;
.
Develop a County-wide plan to address sea
level rise;
.
Develop a stormwater utility addressing, at a
minimum, properties within a half-mile east
and west of the IC\XI; and
.
Create a Palm Beach County Intracoastal
\X!aterway Commission to oversee
implementation of this plan, including
marketing, management, and advocacy.
These programs, projects, and strategies are
recommended for implementation over the next five
to ten years. While some can be initiated immediately,
others will require longer term interagency
agreements and partnerships for their realization.
\Vith the continued discussion and adoption of this
plan, Palm Beach County can select consensus
projects to position them for funding with advanced
planning and design. As components of a large-scale
comprehensive master plan, these projects \vill be
more competitive for regional, state, and federal
funding, especially given the bro,ld public
participation embodied in the development of this
plan.
NEXT STEPS
The IC\'\-' Plan is intended to be used as a shared
vision statement that clearly depicts the desired future
for the \vaterway and an agreed-upon detailed outline
of goals and actions that can be used to guide private
and public-sector decisions that impact the waterway
itsel f and the bnd alongside it. A well-articulated,
widely understood sh,ued guiding vision and clear
implementing action plan are all the more important
for a resource that intersects 23 different
municipalities and falls under the oversight of
numerous local, state, and federal planning,
regulatory, ,lnd permitting agencies. This multi-
disciplinary, multi-agency approach is key for
designing collaborative solutions that endure
because they fairly balance what often seems like
competing interests (for example, bet\\'een
economic and environmental priorities and the
need for public access at a time when a push for
private ownership of the land along the waterway
is becoming more common). While some projects
and programs identitied in this master plan are
within individual jurisdictions, many cross
municipal boundaries and will reguire collaborative
leadership for intergovernmental success.
Continued inter-agency engagement will be critical
for the plan's successful implementation, especially
bet\veen and among local governments and
regulatory/perrnitting agencies.
T R E A S U R F- e () .\ S T R I'. (; I () :-,; ,\ l. P L A :-.J ;'\l ;'\l (; C ( ) l: :-.J (: I l.
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The Palm Beach County Intracoastal WatelWay Master Plan covers nearly 43 miles of
coastline, travelling through 23 municipalities in eastem Palm Beach County. The mas-
ter plan details the types of improvements and conditions prioritized by participants in
the planning charrette to develop the vision for the future of the waterway.
T R E .\ S U R r: C u ,\ S T R E (j I U ~ ,\ I. P I- ,\ ;-..: ;-..: N (j C () l: :-.J C I I.
I 11 d I a n R I V e r S L 1I C I e 1\1 <1 r t 1 11 P a J m B e a c h
6 DRAFT
FORMATION OF THE PLAN
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The Intracoastal \Vaterway Plan for Palm Beach
County grew out of months of due diligence
review by the project steering committee, which
led to a seven-day public planning charrette
conducted in May 2008. More than 120 partic-
ipants from all walks of life participated in a
full-day public input session, followed by a
week-long studio on-site. Additional puhlic
input was gathered during studio, which was
open to the public daily from 9 AM until 9 PM.
The multi-disciplinary charrctte team was com-
prised of architects, engineers, planners, econ-
omists, designers, and others, who combined
efforts to develop the vision, stratebr1cs, and rec-
ommendations contained in the Plan.
At the conclusion of tne week, a presentation
of "work in problLess" was conducted, with res-
idents, property and business owners, elected
officials, agency and local government staff,
and others in attendance. Public input cuntin-
ued throughout the development of the Plan,
T REA S [! R I., C n .\ S T
Indian Rivtr St
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DRAFT
7
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FORMATION OF THE PLAN
The Initiation of the Plan Concept
The idea of an lntracoastal \'\!aterway Plan for Palm
Beach County emerged through the development of
Palm Beach County's 21 st Century Strategic
Economic Development Plan, which was adopted in
March 2007. The Strategic Economic Developinent
Plan is the guiding document by which the County
hopes to achieve a number of sit,'11ificant objectives,
such as effectively reinforcing its tax base, generating
revenues with minimal increase in public serVIces,
Palm Beach County's Strategic Economic Development Plan
building a glubal entrepreneurial climate, enhancing
and accenting the natural and built environment,
highlighting arts and culture, and generating smart
transportation and land uses. The Intracoastal
\X'atcrway Plan is a signature project within the
Qualitv of Place strategic direction of the County's
~ l".. ..
Plan. The Quality of Place strategic direction seeks
to lc\'erage the lluality of the County's arts and
cultural cluster as a strategic asset to support
economic growth and provide a cumpetitive
:ldvantage. The following quclte is taken from Palm
Beach C< lunty's Plan.
Pal/J/13ellt'11 COUI1!)' Iltl.f fill f)pportlllli~y tf) raPilrllize 011 it..- -13-
mile Jtrl'td, tl tbe Intml'otlJta/ 1/'7"tl'/7I'QY Ill' crl'tltil(g (J n;r,ilmlll
/,{ollollli( Jtrtltl:gy t/lat buildJ' Oil itJ IIlIique I'IIl'iroflllll'lIlrll tlJJI'IJ,
L.'\:ll/J/pkr flbound tb/'li/(l!,IJtJllt tbl' lJ'orld 1/'IIt'rl' dtieJ /111/'1'
(llpitfl/ized /Jl1 t'nl'irontlll'l1tal alld (I/Ituml aJJets to dri/'(' their
r~giolla/ I'mnolllil's. .J'119' h{J/'e dO/1/' .10 I!J' lillkilt~ mltlll"tll
}lcilitie.r .wrh as oolllllir(/I gardens, IIIIIS/'1I1IIJ, and Zoos to efl!Y
1II1djiil'lJd!)' trallJportfltiolll1JodfllilieJ' that il/d1lde trailJ, ferrie,r,
and Miter ta.....'iJ. Snrb (I D'Jtelll is fta,ri/J/e Jor PBer dOllJ11tolJ.I/l
l)t'nneJ along the IlJtrtlcofl.rt(//I~ltenwry. In tlddition. PBC~.
1/I0rkillg U'ate,:(mnt baJ t'reall'rl Jtrollg /Iallle Ilrfjacelll to tbe Port
'i" p(J/1IJ Beach throu,gb proposals sud) as the ((IlIJtruction of
111~ga )',,(b/ J/ipJi racillg Jloop rl'pair}lcilitin. fl/rllilla dodes,
d(!J! tlip l//IIlblil{f!" tbe [flck/wed U I1derJetl Re.\'e(/rch plant. tllld
ell/JirOlllJl('1/ta/ at/me/iolls Jtlrb 1/.1 Peallut J.dal1d.
Towards the goal of an Intracoast:ll \'{'atern.ay Plan,
the Palm Beach MPO initiated a public planning
process that began in 2007. The Palm BeachMPO
is responsible for integrating all modes of
transportation planning and programming, including
water-based transportation as well as economics,
environmental sustainabilit:y, and quality of life
enhancement.
,. s.JPport tfw (.'COflOlU)c V1t.llty 01 the rnetropolUCln .rn, eSPK~Y by en..blftloQ: gJobal
CQhl~UtiW'l'Wi.".&$. ptodu4',.u"ttr_ .rld ~tftckrl<Y;
1. r"(n~'~1$SC (t,e Wlh."y or lh~ trlSnw0rt4Uon 1,t~C'tn rOC'" ntQtOfllt'd ~ nol't..mototll~ 1,"WH:l;
l. Inu~ftSfl the- '5<<ut1ty of ttw.o trIIn5opOftllt~' ""wetn IVI nW)fonzed end non.,nolw1,lfod '-ffi'!'1,"
4. Ifltr~M(? tt~ AtOt.~bUlty aod rflC'JblUl'1 llPtk>nli "vAi.l.llhj~ 10 P"X'$.lht.nd 'Of flf'1g:ht:
s. Pr<<4<<t l!J.nd t"nn.rw..e tt. f!'r\v1fQ1'lt"~. pt'(>f'l"lOl. Cf'NQY ('.OO~o'lIUOr'. bnd knpt(ly~ qu...llh
g(llf~;
6. ["ntW:n(,M UlC lr~b."OtllUDt1 and C'ONMK.thrtfy of the uanstK)ft,e.t'kM1 ~vsh!"" al":rtl5c5 bod
~"...n modot.. (('If fll"ODl. lInd h~oht;
1. Pcntholli' ..-tf'lc:.tc-nt ~.",.I"M ~~t ~,d (l:C)4:f"aUon;
e.. Ernphull. lh~ p,,,s.e-rvebon of ltle ell/stln9 tr.nlip(lrt.U()l1 systltfT\
Derived from the Safe, Accountable, Flexible, Efficient Trans-
portation Equity Act: A Legacy for Users (SAFETEA-LU), the
MPO operates with a broad set of planning factors as noted
above from the agency's website.
The navigational, operational, environmental, and
planning characteristics of the lntracoastal Wiaterway
are :llso directly overseen by the Florida lnland
~avjgational District (FIND), a special taxing district
responsible for the continued m,l11agemcnt and
maintenance of the waterway in Florida. Thus, the
Palm Beach ~,[P() and FIND panncred to en,lble this
planning effort. The TeRPe was requested to
organize and facilitate the process, which began with
the formation of a multi-disciplinary, multi-.lgency
steering committee, including the following:
T R I-: ,\ S U R E C (l ,\ S T R Ie: G I U :-.: ,\ I. P I. ,\ :-.: ;0.,; N c; C () l! :-.: C I I.
I n d j a n R I V e r S t L u C I e 1\1 ,1 r t I n P a I m B e a c h
H DRAFT
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.
FORMATION OF THE PLAN
.
Gary Hines, Business Development Board
Kevin Johns, Palm Beach County Economic
Development Ofticc
Jim i\lurley, Florida i\tlantic University/
CllES
David Roach, Florida Inland Navigational
District
Rob Robbins, Palm Beach County Environ
mental Resources Management
Jamie Titcomb, Gold Coast League of Cities
Randy Whitfield, Palm Beach Metropolitan
Planning Organization
.
.
.
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A Spedal ~tate T ~I!~ J)is~ct fOf tbe:con'tiDu~. ~,!l~agement
: ,.and maiutenaQ.ce'Qlthe,At1!"1tfc IDtricoas.taIW9t~J1Vay
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Headquartered in Palm Beach County. the Florida Inland Nav-
igational District is responsible for the continued maintenance
of the Atlantic Intracoastal Waterway in Florida through the
twelve east-coast counties that comprise its district.
;.~
, ~;Y
The steering committee conducted extensive due
diligence to better umkrsland the range of issues
releyant to the Intracoastal. Local governments,
redevelopment authorities, public agencies, and non-
profit organi7.ations educated the steering committee
regarding various projects and programs related to
the waterway. The committee also reviewed waterway
phns from other parts of the nation and world.
Through this background revie\v, the steering
committee determined the key areas for which
additional technical insight would he necessary for
phn development. The steaing committee also
,\cknowledged the broad ,\pproach that \vould be
necessary for the plan to be successful, with an
expanded scope of analysis covering economics,
tr,l11sportation, ,1nd land use as well as natural systems,
eco-tourism, recreation, and public access. Ultimately,
the committee recommended a planning charrette be
conducted to gain public input and enable a multi-
disciplinary process to develop the Intracoastal
\'{'aterway Plan.
The Process
! ~
The Intracoastal Waterway Plan for Palm Beach
County grew out of months of due diligence,
background review, and ultimately, a public, seven-day
planning charrette held from l'vfay 9 - 15, 2008. This
Waterway Plan represents the citizens' vision and
goals for the future of the Intracoastal, both \vith
regards to activities on the waterway as well as those
occurring on its upland. The charrette was held at
Palm Beach Atlantic University in West Palm Beach
and \vas well attended by a diverse cross-section of
the community including residents, property owners,
local business representatives, local governments,
agencies, and various organi7.ations. The ch,lrrette
focused on the Intracoastal \'\/aterway as well as the
areas (both in-water and upland) located within a half-
mile east and west of the channel centerline. Key
issues addressed included public access, natural
systems, transportation, land use, recre,1tion and eco-
tourism, and the economics of the waterway.
The project team for the development of the lC\'{'
Plan included the Treasure Coast Re~ri()nal Planning
Council (TCRPC) staff (Michael Busha, Marlene
Brul1ot, Zachary Davis, Kim DeLaney, \Vynsum
Hatton, i\lichelle Hipps, Dan,l l.ittle, Peter l\ferritt,
and Greg Vaday) and a team of professionals th,lt
included Cambridge Systematics (i\licll3.el
\\(:'illiamsnn), Economic Research Associates (Tom
I.avash and ,\l\,ssa Cohen), the Centa for Urban and
I ~nvironmental Solut.iuns at Florida Atlantic
Ut1i\"(~rsity aim Murley), and urban designers i\larcela
Camhlor, Danid i\l. Cary, Steven ['ctt, and Jose
Venegas.
T R I'. :\ S {] R ('. e ( ) ,\ S T R I,: ( ; I () ;\i ,\ I. P I. .\ ;\i ;\i ~ (; C n [1 ~ (' I I.
I n d I a n R i v l: r S L II C 1 e :\1 ;\ r t I n P a I m 13 e a c h
DRAFT ()
,-
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FORMATION OF THE PLAN
r
_ During' the public input session, participan.ts were provided
background information about the waterway's formation. con-
ditions, and on-going plans and projects.
The team assisted the citizens in studying the many
challenges faced by the community and proposed
specific solutions. The design team also relied heavily
on input from various public ,lgencies, including the
Palm Beach MPO, Palm Beach County (particularly
the Office of Economic Development and
Departments of EnvircHlmental Resource
Management and Parks and Recreation), local
governments, and others.
,...-
During the week of the charrdte, the design team
arranged an open working studio at Palm Beach
Adantic University where the doors remained open
to the public all week. Residents, business uwners,
agency representatives, and uthers regularly visited the
studio and made useful comments ,1I1d suggestions
regarding the work in progress.
: .~;~
-.;I
At the end of tbe charrette week, a presentation of
\\'ork-in- Progress W:lS held on Thursday, May 15,
2008. Residents, property and business owners, local
government and agency staff, and elected officials
were present. Since that presentation, work bas
continued following the initi,ll public workshop. :\
series of tinal presentations by TeRPC staff will be
held during 2009. This will be a time to collect
further citizen and professional inpllt before adoption
of the Intracoastal \'Vaterway Plan.
The Study Area: Existing Conditions
The Intracoastal \'(!aterway in Palm Beach County
travels a nearly 43-mile north/south corridor through
the eastern edge of the County. Initially developed
by interconnecting natural lakes and lagoons, today's
waterway is physically separated from the Atlantic
Ocean by a series of barrier islands, with the
The public input session for the ICW Plan was held on May 8.
2008 at Palm Beach Atlantic College.
THE ,\ S C R F. C (l .\ S T
Indian River St
R E (; I () :--: ;\ I. P L i\ :--J :--: I
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Palm Beach
10
DRAFT
FORMATION OF THE PLAN
'8
interruption of four inlets, cut through the land
barrier which create saltwater feeds. Tn the west, the
waterway is bound by uplands with the interruption
of man-made canals designed fur flood control,
which introduce freshwater to the watenvay. The
Lake \'('orth T .agoon, I ndian River Lagoon, and
Loxahatchee River encompass the Intracoastal
channel within their natural systems. The uplands on
both sides of the Intracoastal include a wide range of
land uses, from preservation ,ueas, parks, and
recreational facilities to residential neighborhoods and
mixed-use downtowns to marine industrial uses and
the Port of Palm Beach. To enable a comprehensive
analysis of the Intracoastal \Vaterway, the steering
committee recommended a study area which
a
extended east and west a half-mile frrlm the centerline
of the Intracoastal. A map of this ,uea is incluJed in
this chapter.
The eastern portion of Palm Beach County contains
its highest population densities and commercial
intensity. AccorJingly, the roughly 43 square mile
study area Oess than 2% of the County's land area)
includes approximately 110,000 residents, or just
below 10%. Of the 23 municipalities that abut the
Intracoastal, seven maintain well-developed mixed-
use downtowns that embrace the waterway, and the
Port of Palm Beach is located directly on the water.
The majority of private lands consist of mostly
higher-valued residential development followed by
More than 120 participants attended the public session, with dozens more visiting the studio to provide additional public input
during the week.
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DRAFT 11
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FORMATION OF THE PLAN
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The feW Study Area highlighted in yellow and green. The beginning and end of the study
area are denoted by the orange line,
T It I-: ,\ S 1I R E
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12
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R E (; I II :\ .\ I. P L ,\ N :\
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Palm Beach
DRAFT
FORMATION OF THE PLAN
has ,ldopted policies to discourage additional
conversion of marine industrial lands \'ia "no net
loss" provIsIons, there remall1 23 municipal
g(wernments with
individual land use
control over these
\\laterfront properties.
.
commercial use, and a variety of public uses (e.g.,
conservation, recreation, open space).
Land values along the Intracoastal have continued to
escalate over time, with continued pressure for mostly
residential development until the market's recent
downturn. Rising land values combined with
escalating property taxes have caused considerable
conversion of commercial and industria) properties
to residential, causing a loss of \\lorking; waterfronts
in Palm Beach County and throughout the state. Two
factors provide a respite from these historic pressures,
including the current real estate market and Florida's
recent adoption of Amendment 2 to provide
property tax relief for marine industrial uses or
"working waterfronts." \X'hile Palm Beach County
o
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Participants' Requests
From i\lay 9th through
May 15th, the public and
public agencies
participated in a seven-
day charrette process.
The initial pu blic
charrette participants sharing their tables' ideas.
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DRAFT
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FORMATION OF THE PLAN
Charrette participants sharing their tables' ideas.
workshop was attended by more than 120 people,
with additional public input gathered over the
subsequent week. Participants discussed their ideas
at tables facilitated by charrette team members and
literally drew suggestions on study area maps at each
table. i\t the end of the drawing session, a
representath'c from each table presented their table's
ideas. J\ samph: listing of the main ideas generated
in the public session includes the following:
walks
explore water taxi programs to interconnect
marine destinations
clean and enhance canals, especially the C-51
Canal
add more canoe I kayak launch sites in IC\X!
and portages in canal spillways
connect natural areas to each other
improve upland and water transit access
\\.;lteJ\,vay and marine destinations
create a cuunty-wide \'iater taxi system with
different kinds of taxi stopS
make boat ramps more efficient with staging
docks and day docks
expand waterway destinations i.e. day docks,
.
.
.
.
.
.
incre;lse public access to the water via parks,
bridges, and river walks
restore spoil islands and hahiwt areas ;Ind
allow camping and public ;lCcess
construct more public tishing piers and river
.
.
.
.
T R E ,\ S l: R E C l.l ,\ S T R E (j 1 U '" .\ I. P L ,\ :-.; :-..: '" G C () l' :-..: C I I.
I n d i a n R I \' C r S Lu c I e ~l a r t 1 n p a I m B e a c h
14 DRAFT
e
Q
,'j
FORMATION OF THE PLAN
Charrette participants' drawings from the Saturday session
.
spoil islands, restaurants
remove derelict boats and clean waterway and
explore mooring fields
support marine industries with incentives and
dredging ("1\1egayacht ~lile")
utilize bridge replacement to incn:ase public
access and fishing opportunities
maintain clear views to the water
encourage use of green buildings, sustainable
development practices, and renewable
resources
expand educational programs about natural
resources, history, and hydrology
support marina villages and other m.Hlne
destinations (e.g., Jupiter's Riverwalk,
proposed Lake \'\.'orth marina village)
promote rebuilding of natural shoreline or
plantings along existing sea walls
.
.
.
.
.
.
.
;\ fter the initial public workshop, the charrette team
investigated and tested ideas. The public visited the
studio and offered additional input. 'rhe \'(fork-in-
Progress Presentation was held May 15 at Palm
Beach j\tlantic University where the team
gathered more input. This Intracoastal \X'atef\vay
Plan represents the collection, evaluation, and
recommendations related to the ideas set forth
during this process. ,\ series of presentations will
be conducted by TCRPC in 2009 to gather
additional input and further refine the
recommendations of this plan. Ultimately, the
plan will be completed for adoption in 2009.
t\ccordingly, this le\'(' represents the pmticipanrs'
vision for the Intracoastal \'(!atenvay.
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FORMATION OF THE PLAN
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Charrette parlicipants' drawings from the Saturday session
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16
FORMATION OF THE PLAN
.
Charrette participants' drawings from the Saturday session
.
. ~~
...y
Charrette participants working on their drawings.
T R E ;\ S {J R I:: C () :\ S T R li. (; 0 N ;\ I. P L :\ N N
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P a I 111 B c a c h
17
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- - - --..
Review of Comparable Waterway Plans
FORMATION OF THE PLAN
As part of the due diligence leading to the charrette,
a review of waterway plans from around the United
States and internationally was conducted to identify
programs and practices of relevance. Internationally
and throughout the United States, governmental and
private entities are collaborating to restore existing
development and facilitate new development adjacent
to navigable waterways, both natural and man-made.
A summary matrix listing the various plans is included
in the Appendix.
In E~urope and Great Britain, historic shipping canals
have been rejuvenated by these new partnerships.
The River Thames Waterway Plan 2006-2011 pro-
vicles a good example of an historic watenvay that is
maintained by commercial shipping and to provide
amenities and access to billion dollar new develop-
ments along its reach. Typical of advanced efforts to
undertake multiple purpose activities, the Plan puts a
premium on sustainability of its watenvay, such that
it is usable, accessible, and productive for future gen-
erations. The plan anticipates increased population
along the waterway and focuses on improving the en-
vironmental quality of the watenvay as ncw develop-
ment and new infrastructure comes on line.
The British \vaterway initiatives are linked to their
neighbors in the European Union (EU) through pro-
grams such as the Canal-Link Project in The North
Sea. This effort pays special attention to the links
betwecn the different watenvays adjacent to the
North Sea looking for ways to create economic op-
portunities for tourism and recreation. I n Europe,
the Elf has issued a comprehensive development pbn
for its member nations by setting positive incentives
and break barriers in an effort to dc\'elop the inland
water\.vays by linking them to land-based intermodal
systems. These linkages are aimed .ll relieving traffic
congestion and mastering energy use for sustainable
development options. I n the United States, there is
growing interest in returning to the full, comprehen-
sive use of our historic watenvays to enhance our
economics and individual communities. The Eire
Canal National Heritage Corridor builds on enhanc-
ing the historic heritage of the historic communities
that grew up along the can.1L The Trinity River Cor-
ridor Project strives to connect the metropolitan Dal-
las by making the Trinity River part of the "front
yard" of the communities adjacent to the river. River
redevelopment plans have been prepared for the New
River in Fort Lauderdale and the ~tiami River in
j\[jami as well. Lessons learned from these interna-
tional and national efforts can be summarized as fol-
lows:
"
,
-
The plans strive to be sustainable over a long
planning period (up to 50 years).
.
The plans draw on the existing cultural and
historic values inherent to the waten,vays.
.
The plans view waterways as a mode of
transportation serving adjacent developed
areas.
~
.
The plan maintain and enhance important
environmental values existing within the wa-
teru;ays.
-
.
The plans are important parts of integrated,
economic development su-ategies that rely on
government and private entities to closely
collaborate towards agreed upon goals.
These broad themes were acknowledged as applica-
ble in the development of this lCW report.
)
T R E A S {; R E C ( I i\ S T R E (; I () :-.J .\ L f> L ,\ :--J ;\; ~ ( ; C ( ) l'
I n d i a n R i v e r S t L II C I e I\I a r t 1 11 P a I III 13
DRAFT
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19
FORMATION OF THE PLAN
(1;;J
Regulatory Framework and Overview
Development adjacent to the \X/aterway is subject to
a broad range of plans and regulations nrihrinating at
all levels of government. In the United States, unlike
many countries that have parliamentary forms of
government, our federal system of government al-
lows for overlapping regulations by different levels of
government. In the development of this plan, a reg-
ulatory review \vas conducted of the nearly forty reg-
ulatory, planning, and technical documents related to
the leW in Palm Beach County as well as the 23 local
government comprehensive plans. A matrix listing
these planning, regulatory, and other documents is in-
cluded in the Appendix.
While all individual projects will require individual re-
view for their own impacts, and in some cases, how
the project impacts will cumulatively impact protected
resources. Experience in other areas indicates that an
overall plan for the entire Intracoastal \'{'atel"'\vay in
Palm Beach County may expedite the review and ap-
~ proval of individual projects by demonstrating cumu-
lative impacts ,lnd also providing for coordinated
mitigation of project level impacts.
Ne\v development or redevelopment adjacent to the
\Vaterway must demonstrate plan consistency and
regulatory compliance with each relevant, binding au-
thority at all levels of government. \'\!hile arguably
duplicative and inefficient, this intergovernmental re-
\'iew is inherent in our form of government that re-
lies on federalism ,md home rule. This entire process
can be made further complicated by the intervention
of third p,lrties, entities who disagree with the final
agency decisions and have legal standing to bring ad-
ministrativ(; and judicial r~vie\V of those dc:cisions.
These rl'vil'ws can lead to delay and (;xtra l'xpense to
proposed development pwjects adjacent to the \'('a-
terway.
'.),
,f)
The development of this conceptual plan considers
the various planning, regulatory, and prngrammatic
plans uf the various ;Jgencies govcrning or otherwisl'
regulatory dcvelopment on and along tbe lC\V in
Palm l:3each County, For the indiviclu,ll projects iden-
titled in this Ie\v' Plan, references have been noted
where 'lPplicable ,15 to the regulatory implic1tions for
their implementation. l\S noted in Chapter 10: Im-
plementation, this plan recommends creation of a
Palm Beach County Intracoastal \vaterway Commis-
sion to assist to oversee implementation of the plan,
including manageme11t and markedng of the \'\'<1ter-
way along with advocacy of the plan. This entity
would also be envisioned to shepherd multi-jurisdic-
tional projects through the various regulatory
processes, \vith the comprehensive and broad vision
detailed in this ICW report.
T R E ,\ S L R F. C (l ,\ S T
Indian River St
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20
DRAFT
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HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
,
The importance of the Florida IeW to Palm Beach County's history (and its future)
is best summed up by the Florida Inland Navigation District (FIND) when announc-
ing the completion of the waterway in the mid 1930s. ".... [The'waterway] forges
the last long link in the inland route "from northern waters to southern Florida....
[The] joy of cruising to Palm Beach or Miami or still' farther southward through
the keys to Key West is rio longer limited to those who own either big sea-going
yach ts or sturdy boats 0 f exceptionally shallow draft....." The extensi on 0 f th e wa-
terway to Palm Beach in the 1890s along with the parallel arrival of Flagler's East
Coast Railway (both part of a national strategy to extend the country's transporta-
tion networks to open up new lands for development) put Palm Beach and later
\'Vest Palm Beach and other communities lining the waterway on the map as premier
locations.
As with Flagler's railway, the waterway (then called the East Coast Canal) was con-
structed and owned by private entrepreneurs who received from the state large
tracts of land along the waterway as compensation. In 1927, the era of private own-
ership of the IC\Xl (and the tolls charged by those private owners) ended, and FIND
(created at that time by the Florida legislature) purchased the waterway and con-
veyed it to the U,S. government. FIND still maintains and invests in the 370-mile
long waterway, which in 1965 was expanded to its current 1 O-foot depth and 125-
foot width. Today, the construction of the waterway, which represents one of
Florida's largest public works projects, continues to create transportation and value
for the communities along it and the residents, businesses, and natural en\Tironment
that benefit from and depend upon it.
)
R E (; I () :--J ;\ l. P I. A :--J :"'..j
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HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
HISTORICAL OVERVIEW: PROLOGUE FOR
THE FUTURE
Overview
A special thank you to William Crawford whose
books and articles on the history of the ICW
in Florida - cited at the end of this chapter _
provided much'of the basis for this history,
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The illustration above is from the cover of the 19305 booklet
announcing the opening of the lew
Source: Florida - A Yachting Paradise and Lots of Enchant-
ment for the Voyager
T R E ,\ SUR E C () ;\ S T
Indian River St
Imagining Palm Beach County (and Florida's east
coast) without the Atlantic lCW is like imaf,rining that
same area without tourism, tishing, b( lating, marinas,
waterfront restaurants and sports, bird \vatching,
nature walks, beautiful houses; and laid back old
Florida places. Intertwined with the history of Henry
I''Iagler's Florida East Coast (FEC) Railway, the story
of the Atlantic IC"\'V in Florida is about transportation
and real estate development. The IC\Xi was designed
to be a wide, safe, and sheltered inland watcr\\!ay to
expedite the movement of goods (winter fruits and
vegetables) and early settlers ,lOd explorers traveling
south. It also enabled better access to the land along
the waterway, ultimately making those lands more
valuable.
''The ll7ateru1ay had its beginning f/ear~y a
century ago as the. nfltural outgrolvth of an
effort to det'elop the almost connected chain
of creeks, ril/frs, lakes, and sounds along
Florida's east coast illto one cOl1tinuous wa-
terwt1..Y." (The COli/mission of the Florida
IlIlalfd Nal)/~!!,ation District - AI111ounci/ll!'
the Comple/ion of the [,Iorida JefF, Jack-
sOllville to A1iall1i, circa 1935)
"
In many ways, the development of the Intracoastal
echoed Flagler's construction of his railway. Similar
to Flagler's receiving land grants in exchange for
developing the railway, between 1 H81 and [912, the
early entrepreneurs who built what was then called
the F.ast Coast Canal were granted large tracts of
abutting state-owned land to ,lid in its construction (a
part of a cash-short U.S. strategy to privatize its
infrastructure). \'('hen developing those lands. many
entrepreneurs consulted some of the best urban
lksigners of the day, resulting in the cre,ltinn of some
of the most attractive and enduring towns and
villages along Florida's cast coast. In the 18905, the
R J-: (; I (I :-.; ,\ I. P I. ;\ N :-.;
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Palm Beach
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DRAFT
HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
~
storylines of two transportation efforts that would
fundamentally slupe the future development of Palm
Beach County merged: the development of the
County's portion of the IC\'\! (its marine highway)
and the construction of the FEC Railway. In that
ckcadc, the East Coast Canal n:achcd the Jupiter Inlet
and began to push south, and Flagler arrived with his
railway (often credited with putting Palm Beach on
the map).
.
By the time the then fi\'e-foot deep and 50-foot wide
ICW was completed in 1912, Palm Beach County's
43-mile section was composed of 13 miles of man-
made canals (the result of extensive cutting and
dredging). Those canals linked (and, through their
narrow, straight lines, stood in contrast to) 30 miles
of natural flowing \vaterbodies composed of the
rivers, lakes, and lagoons, \vhich comprised the major
east county estuaries. The 20-mile Lake \X'orth
I ,agoon, a major county estuarine resource loc~\ted in
the center of Palm Beach County, is the largest
natural section of the 1 C\\!. Additional natural
sections include Lake Rogers, Lake \\'yman, Lake
Boca Raton, and a small portion in northern Palm
The Haulover Canal in Brevard County (image above from the
Brevard County Historical Commission Photo Archive) would
link the Mosquito Lagoon and the Indian Rive, which ended at
the Jupiter Inlet (image below from Photographs from the De-
troit Publishing Company. 1880-1920). Until an inlet (now
called the Palm Beach Inlet) was later cut into Lake Worth,
travelers had to use Haulovers in several places; one such
place was south of Jupiter between today's PGA Boulevard
and North Palm Beach.
I.i\~."
\~!JlP
Beach County of the 156-mik Indian River Lago(
(an Estuary of National Significance) and what ..
today the Loxahatchee River- Lake \'<'orth Cn:ek
;\<"luatic Preserve. Today's I CW is nlaintained hy the
US. Army Corps of Engineers and the FIND (a
Special State Taxing District) and is part of .\ 3,000-
mile inland waterway running ~long the Atlantic and
Gulf coasts and consisting of natural inlds, salt water
rivers, bays, and sounds, and manmade canals,
The Early Years: 1820s - 1870s -
The Beginnings of the Florida East Coast Canal
The initial discussions of creating a navigable Florida
east coast inland waterway began in the early days of
the country's history when leaders turned their
attention to improving public transportation through
a connected system of canals, rivers, and roads, At
that time, a large part of Florida's cast coast was
composed of a series of long and narrow peninsulas
along with islands that were p.ualleI to the mainland
but separated from it by salt and brackish water
sounds and lagoons. The dredt,ring of the artifi,
canals to create a continuous inland watenvay for
transportation purposes connected those
watcrbodies.
One of the first mentions of what would ultimately
become the JCW' goes back to the 1 H2()s when
Florida was still a US. territory. An Army surveyor
recommended joining the iVlos<.Juito J ..1goon (a part
of the Indian River Lagoon) and the Indian River by
way of the Haulover Canal (where travelers 11~\d to
carry boats from one navigable place to aonther) on
the north end of Merritt Island in Bre\'ard County, 1\
few years later, residents in the northern pMt of
Florida proposed to Congress that a canal be ,ut to
connect the i\.latanzas River (a $.lltwater bar-hounded
estu~ry that provides the entry to St. AUt,T1.1stine's port)
located in St. Johns and Flagler counties with the
Halif,lx River in the northern part of Volllsia County.
I\nother qep came in the late I R20s when the Florida
Territorial Legislative Council chartered the tirst of
what would become a group of comranil-s created .~
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HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
The photos above are of "Jupiter Narrows" in the 1890s. Pho-
tos from Photographs from the Detroit Publishing Company.
1880-1920).
construct canals on the east coast and in other areas
of what \\',15 then the Floritla Territory. It was not
umil the 18505, however, that ,my digt-,ring began (the
canal at a haulover bet\vecn the Mosquito Lagoon
and Indian River, a $5,nno initiative led by an engineer
with the U.S. Army).
After the Civil War, the relatively new State of Florida
took two steps that would shape the future
development of the state's east coast. In 1874, the
same year that U.S. Army engineers started \vork on
a channel connecting the St. Johns Rh'er and the
Nassau T nlet, the legislature approved the private
incorporation of canal companies. t\ few years later,
the statc decided to incentivizc canal and railroad
building by using a common practice of that time -
granting large tracts of land (for right-of-way), instead
of public funds, to private entrepreneurs willing to
build the country's burgeoning transportation
nct\vork of canals, railways, and highways. As noted
by \'(-'illiam Crawford in A History of Florida's East
Coast Canal, companies building the canals werc
granted "alternate sections of state lands on either
side of their proposed railroads or canals for a
distance of six miles upon completion of each six-
mile section." That action firmly linked the 1ew' to
the future development of the land adjacent to it.
The construction of an East Coast Canal \vas viewed
as critkal for shipping fruits and vegetables and
encouraging settlers to move to the southern part of
the state, primarily to farm. The result was the reverse
of what we sce today in real estate values: agricultural
lands to the \vest (in Palm Beach County - its muck
lands) were the most valuable, not the land along the
soon to be railroad and ICW': In-town lots \vere oftcn
thrown in for free or for a great discount when
agricultural lots were purchased. Beach lots wcre not
considered valuable because nothing would grow
there.
1881-1912: Canal Construction Takes Off and
Palm Beach County Becomes a Destination
1880.r: "['/.ltj!lpikl'l..llkJ' In)!'!h Cma/ l..illk G'/J' !hr! Ok'!)'
r\ new period of investmcnts began in I H81 that
focused on the creation of a protected cast coast
T R E ,\ S l: R E C II ,\ S T R E (; u :--: .\ I. P I. ,\ :-.i :-.: N G C () L' :-,; C I I.
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24 DRAFT
HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
(~.,.."
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north-south \\'Hterway. In that year, the Florida
Coastline Canal and Transportation Company was
incorporated as a private canal company, and the
Florida legislature awarded the Canal Company the
authority to start dredging a canal that would extend
from the ;\[atanzas River (extending 20 miles through
St. Johns and Flagler Counties) to the Indian River.
The legislature also granted the Canal Company
"3,R40 acres of state land for every mile of canal
constructed and further gave the company the right
to collect tolls," Crawford notes. Ultimately, there
were a total of six toll collection points between
Jacksonville and Biscayne Bay, two of which were on
Lake Worth. The Canal Company-maintained chains
crossed the canal below the water surface, thus
preventing passage until the toll was paid. The Canal
Company was allowed to extend the canal further
(t
A ladder or bucket dredge (image above) was used to create
canals connecting the east coast lagoons and rivers. ultimately
ending at Biscayne Bay in today's Miami-Dade County (image
below). Photo from Florida Inland Navigation District.
)
south to Lake W'orth (1881), Biscayne Bay (1885). and
ultimately Key West. As noted by Crawford in the Big
Dig, in 1885 the state facilitated the extension by
utilizing the I nternallmprovement Fund to set aside
large areas of reserve lands on both sides of the
canal.
Eighteen eighty-six was an important year for future
real estate development along the 1C\'<< particularly in
Palm Beach County. George L. Bradley joined a
group of wealthy industrialists from the northeast
\\'ho invested in the Canal Company. Bradley, the first
treasurer of the American Telephone and Telegraph
Company, was later involved in creating the Boston
and Florida Atlantic J _and Company, a new re,l] estate
development company that in 1892 purchased
100,000 acres from the Canal Company, giving it a
much-needed cash infusion. The Land Company's
holdings generally bordered the canal ancl extended
from Titusville to the north and ~liarni to the south,
Flagler was eventually given an interest in the Land
Company's planned communities.
Prior to the arrival of the canal and railway, the early
settlements in Palm Beach relied on steamboats for
transportation. The Indian River Steamboat
Company brought passengers and freight from
Titusvi1\e south to Jupiter. 1\ fter a rough overland
freight wagon ride from Jupiter to Juno (a section that
would later prove a challenge when constructing the
East Coast Canal), travelers had to board another
steamboat (the "Lake \'\'orth") to reach Palm Beach
and points further south.
Throughout the decade, the principal settlements in
what was then Dade County (of which today's
Broward and Palm Beach Counties were p,ut) were
on 1.,1ke \\/orth and Biscayne B,lY, From 1890 to 1 !Jon,
Juno (now known as Juno Beach) served as both the
county seat as well as the transportation terminal
linking northern Florida to its southern bnds by W,l)'
of the Indian River, and Jupiter to Lake \,\'orth.
In order tll create .1 rail link from Jacksonville to the
T R E .\ :'i C' R L C 0 i\ S T R I:. e I (J :-.. .\ I. P I. !\ :-- :-.J :\ C C () (' \l C I I.
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HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
~>' '-'~~""~""':!'--
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Shown on the top. the Celestial Railway (named for the towns
it connected) provided transportation between Jupiter and
Juno. Railway and steamboat travelers could purchase their
tickets at the Indian River Steamboat Company Ticket Office
on the Jupiter Inlet (image below, from Photographs from the
Detroit Publishing Company, 1880-1920). In the same photo-
graph, the Jupiter U.S. Life Saving Station can be seen along
the horizon south of the inlet.
ne\v county seat, a rail line was planned to make the
7.5 mile connection between Jupiter and Juno. In
1887, that led to the creation of the Jupiter and Lake
\X!orth Railroad that traveled through the \vay st,ltinns
t" "\' " i ".'1 "(Th I
o . enus anc J\ ars. ose town names, a ong
with Jupitt"r as thl' beginning point ,lnd Juno as the
end, resulted in its being called the Celestial Railroad.)
"S the suuthernmust railroad in the country, the
Celestial gaint"d some national recognition, but after
a period of hauling materials for the construction of
Flagler's Royal Poinciana Hotel in Palm Beach, the
railroad was later eclipsed when Flagler built his
railway. leaving a few rail spikes that remain today in
the beaches of Juno and Jupiter.
In 1889, a new standard emerged: the Canal
Company was to maintain a canal from the St. Johns
River to the Biscayne Bay that was not less than five
feet deep at the mean low water and not less than 50
feet wide.
1890's: The Canal Reaches Palm Beach and
Flagler's Railway
The 1890s began with the canal reaching what is
today Palm Beach County. The 134 mile long-
waterway from the Haulover Canal to the Jupiter Inlet
(\vhere the Loxahatchee River empties into the
Atlantic Ocean) \vas completed in the fall of 1890.
The push south of Lake Worth, which began in 1894,
went fairly quickly because the route only had to
connect a series of existing natural waterbodies. By
1895, the canal had been completed (through Lake
Wyman and Lake Boca Raton) to the New River in
what is now Fort Lauderdale. Dredge operators
started at both the Lake \Xi'orth and New River ends,
completing the work when they met. The stretch
consisted of two sections: a fourteen-mile section
through Lake Wyman and Lake Boca Raton to the
Hillsboro River at the Hillsboro Inlet and a narrower
section extending another ten miles to the New River
Inlet at Fort Lauderdale. By 1910, the canal dredging
had reached Key Biscayne, creating 77 miles of
waterway between Juno and !\liami.
[\Ithough the work began in 1891, the last mile of the
final and vcr\' di fficult eiuht-milc cut between JUl1itcr
, b
and Juno (what some called the Jupiter-to-J .ake
\'(''orth divide) would not be completed until 1 R<)8.
The Jupiter to Lake \X/orth cut, as described by
Crawford. in The Big Dig, involved some dredge cuts
that were as much as 22 feet detp, resulting in so
much dredge material that a temporary railway line
had to be built. The dredging to crcate the tinal
T I~ 1-: .\ S U R E C ( I ,\ S T R E c.; I (l :-.; .\ I. P J. :\ :-..i :-.; :-.; (; C () LI '" C I J.
1 n d i a n R I V e r S t L LI C I e 1'.1 .1 r t i n P a I III 13 e a c h
26 DRAFT
HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
section extended along the W,llershed of Lake \X'orth
Creek and cut through to Lake Worth, creating the
barrier island that is now Juno Beach. It was the
Jupiter to Lake \'{'orth cut, Crawford notes, that finally
made an unbroken inside
water passage from
Titusville to Key
\X'est possible,
thereby
providing easier
access to areas
along Florida's
southeast coast,
Th,lt safe
passage along
with the parallel
extension of
Flagler's railway
opened LIP what
some called the
last frontier:
southern
Florida. It also
linked three of
Florida's great
waterbodies
the Indian River,
Lake Worth
Lagoon, and
Biscayne Bay.
~....,
I~
.
Henry Morrison Flagler. In Palm Beach,
Henry Flagler's (image above) railway
met the East Coast Canal Company.
Floridian James Colee (image below)
was one of the Canal Company's original
incorporators and served as the com-
pany's engineer. (Flagler image from the
Henry Morrison Flagler Museum; Palm
Beach, Florida)
The 1890s W,lS
also when the
future of the
canal became
linked to Henry
Fhlgler through
a mutually
beneficial
relationship.
Fbgler \vanted
James L. Colee to extend his
railwav further
south (from Rockledge. the oldest city in Brevard
Cuunty) but could not because the Canal Cumpany
:)
had been granted most of the availablt: land within
six miles of the canal. (Originally Flagler planned to
stop his railway at Palm Beach, but because of crop-
free7.ing weather and urges from l'vliami, he decided
to extend the railway south.) To solve the problem,
Flagler proposed that in exchange for extending the
railway 104 miles south of Rockledge, he would be
granted a share of the Canal Company's land grant.
Recognizing the benefits of extending the railw'lY
further south (the Canal Company was in need of a
cash infusion and t.he canal was used to haul supplies
used in building the railway), in 1892 the Canal
Company approved Flagler's proposal, granting what.
ultimately became one-lluarter of its land t.o Plagler.
He, in turn, invested S500,OOO in the Can,ll Company
and served as its president from 1893 to 1896.
It [the Florida JeW} provides a broad,
deep, well-marked and sheltered pas.rage
dOllhl Florida ~r picturesque east coast to the
recreational rendezvous of the American
Riviera. lf7ith this new f(lrili~y for safe,
speedy vqyaging, Florida beckons II/ore al-
/urin,gly than ever to YtlChtsmen. lf7e invite
you to anslJler our call: Come to Florida in
.your own boat. Enjoy the romtlnce.. the
glamour and the colo~f"f gaieties of
Florida life.
The Commission of the Florida
Inland Navigation District - An-
nouncing the Completion of the
Florida ICW Jacksonville to
Miami, circa 1935
The com hi nation of a completed railway along with
a fully n,wigable waterway extending the full length
of Florida from St. i\ugustine to the Biscayne Bay
were heralded at the time as vchicles to make Florida
a desirable destination (praise that later proved to be
correct during the 1920s' Florida land boom). In
1 W)2, the l.akc \'(.'orth Land Trust was establisncd by
T R r:. .\ S [' R t.: C () ;\ S T
Indian River St
R I: l; I 0 :--; .\ I. P I. ..\ N N I ;\ C; C () L N C I I.
I.ucle Martin Palm Beach
DRAFT
,-r
-'
/-
HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
b
Bradley and others and began to purchase bnel from
the Cmal Company, which needed more cash. The
Lake Worth Land Trust purchased 2,200 acres of bnd
from the company, including land in Palm Beach
County.
Flagler's railroad reached what he called the Lake
Worth region in 1894, and Flagler decided to turn
Palm Beach into a resort,lOd \X/est Palm Beach
(originally called \X!estpalmbeach) into a commercial
city where his workers could live. To create the latter,
he purchased a strip of land from Lake Worth to
Clear Lake for a sum of $45,000 and proceeded to
layout the city's streets. One of those streets
(Clematis) evolved into the downtown's main street,
connecting the historic Harvey and Clark Seaboard
Train Station (to the west) to the ferry launch (to the
east) that transported passengers to Palm Beach. In
1923, the well-known John Nolen prepared a plan for
West Palm Beach.
,.....
Flagler's first hotel in Palm Beach (1894) was the
Royal Poinciana Hotel, which overlooked Lake Worth
and began to attract the country's we,ll thy elite. \V'hen
the hotel was later expanded from approximately 540
to 1,100 rooms, it was considered the largest wooden
structure in the \vorld. Two ye,lrs later, r'hglcr built
the Palm Beach Inn on the beachfront of the Royal
Poinciana - a location that later earned its name the
Breakers OJecause guests requested rooms "by the
breakers"). Flagler would :1lso build his home,
\'{lhitehall, in P:1lm Beach, securing its status as one
of the prefern:d winter resorts of the er:1's wealthy
population, many of whom \v(mld arrive via a cruise
down the I Cw.
(~
,....
Reinforcing his link to the development of the le\,,;
Flagler created the Model I.and Company in 1 RH5 to
hold title to his Florida East Coast Railw:1v statc-
granted bnds, as well as lands (Crawford notes in The
Big Dig) held by the Florida Canal Comp,lny and the
Boston and Florida Land Company. j\ year later, the
i\lodel Development Comp:ll1Y joined with the Canal
Cumpany, the Boston and Florida Land
, i~~
:.;>
T R E .\ S l! R E
Indian Ri
2H
c () ,\ S T
ver St
R E (; 1 U :--: ,\ L P l. .\ :--: :--:
I. u C I e 1\1 art J n
:\J (; C () u :--: ell.
P:11111 Beach
Development Company, and others to market their
land holdings through the same real estate agent.
Those bnd holdings in Palm Beach County included
Boynton (now Boynton Beach) and [.inIOn (now
Delray Beach), \vhich had their beginnings in 1894
when U.S. Congressman William S. Linton
(Michigan), Civil Wari\bjor Nath:1n Boynton, :1nd
David Swinton traveled to the area on a sailboat via
the newly dredged East Coast Canal to find a winter
retreat from Michigan's harsh \vinters.
Also in 1885, Nathaniel Boynton founded the
agricultural community of Boynton on 500 acres he
A ferry carried passengers from West Palm Beach. which Fla-
gler developed as a place for his workers to live, and Palm
Beach, where he created a fashionable winter resort, begin-
ning with the Royal Poinciana Hotel on Lake Worth. (Top photo
courtesy of the Florida Archives, as displayed at
<www.wflx.com/global/Story asp ?s= 1001320>. Bottom image
from the Florida Archives. Florida Photographic Collection,
</www.f1oridamemory.com/PhotographicCollection> .)
had purchased for $25 an acre. [n 1 H95, he began
construction of the Boynton Hotel, using workers
from i\lichigan who came with their families and
DRAFT
HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
~
settled in the area. Flagler's railway was to come a year
later, follo\\..ed by the completion of the hotel in 1897.
The hotel attracted visitors to the grO\ving
community and provided an outlet for winter
vegetables and fruits grown by local settlers for
northern marh'ts. To get travders from the train
station to the hotel using a mule-drawn surrey,
Boynton constructed a shel\rock road (later called
Ocean Avenue) from the hotel to the East Coast
Canal. A wooden hand-pull toll bridge \-vas
constructed at the canal. In 1911, the tirst bridge was
completed over the East Coast Canal at Ocean
Avenue, and by 1926 the South r _ake Worth 1 nlet was
opened to relieve w,lter from the East Coast Canal by
connecting Lake \'('orth to the ocean. .
~.'.
~.,
During that same period, Linton purchased land
south of Boynton from the ~'1odel Development
Company, the Lake \'\'orth Trust, and others. He and
the J\fodel Land Company recorded his plan for what
would be the town of Linton (another farming
community) in 1896, the same year that Flagler's
railway reached Linton. The town was located on a
higher dry prairie a short distance from a swampy
area that locals called the morass - an area that was
made deeper and wider to create a navigable portion
of the East Coast Canal. The canal, along with the
arrival of the railway, gave settlers a better
transportation system for shipping winter crop fruits
and vegetables to northern states. Before the canal,
travelers had to use the Orange Grove Haulover.
After a hard freeze destroyed crops in 1898, Linton
defaulted on his land payment, leading settlers from
Michigan to change the name of Linton to Delrav
(named for a Detn',it neighborhood). -
The 1890s also saw the US. government take uver the
responsibility of maintaining the 1 ndian River portion
of the canal between Titusville and .I upiter. Toward
the end of the 1890s, the l':ast Coast Canal
experienced two historic events: the Canal Company
~r:lnted rights for the first steamers to uperate on the
waterway and the waterway was used to ship
munitions during the Spanish-,\merican \'\',11".
i.'\
~..1
:.':......':.?~.~:
:"j
Above, one of Boynton's first bridges across the East Coast
Canal was built in 1912. (Photo from the Boynton Beach City
Library Archive)
1900-1912: Completion of the East Coast Canal
After several years of litigation and construction
delays, the 370-mile long canal was completed in 1912
when the last section between St. Augustine and the
St. Johns River was finally tinished, The final cost was
approximately $3.5 million. With that final land
conveyance, the privately-owned Canal Company had
received just over a million acres of public land
(1 ,eno, 128 to be exact) for 268 miles of canal
construction. As an incentive to complete the work,
the Florida legislature provided that the Canal
Company would not receive land grants for any
sections of the canal completed after 1912.
Nineteen tv"clve a]so saw the official founding of
what is now the City of Llke \X!onh (then called Jewel
and later the To\vnsite of Lucerne). The result of
another Canal Company real estate transaction, the
area was a part uf a much larger landholding called
the Palm Beach Fmms, a 2.)4-st]uare mile tract of land
extending from \X'est Palm Beach some 30 miles
south to Boca Raton. ,\ccording to Crawford, Juhn
l:hrrs, a friend of then-Brnward County sheriff and
later Florida Governor Napoleon BrO\....ard,
subseqw:ntly purchased that an::a of land from the
Canal Company.
Lake \X'orth quickly grew when n:al esLltC agents
TRE,\:;;I'RE CO;\ST
Indian River St
R F (; I () :o"J .\ I. P I. ,\ N :o"J I
I. u C I e (<,1 art i n
~ (; C () I: :"-.J elL
Palm 13each
DRAFT
29
,. ...
I"
r
(~
,......
\J
HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
.~.~~ ;'.
'!J.I:"'!' ...'
The image above depicts a typical packing house in Boynton
(likely for shipping tomatoes) on the ICW Below is an image
of the Boynton Hotel. Both photos courtesy of the Boynton
School House Children Museum.
offered a free in-town lot for each tive-to-ten acre
tract of fruit and truck land purchased for the price
of $250 in an area known as Green:l.cres City. The
giveaway lots were so sllccessful and the IC\'\! location
so desirable that, between ,\pril and December 1912,
the small settlement increased from :)H to ?lOR
permanent residents, resulting in the name "\'(.'onder
City". ;\s the town grew, many of its houses and
public buildings, including \vhat t&lay is City /-1,111,
were designed by the well-know :uchitect G. Sherman
Childs.
1913-1926: Florida Land from Boom to Bust and
Private to Public Canal
T I~ E ,\ S l! R I~
Indian Ri
C 0 .\ S T
v e r S t
R E (j I () :-..: .\ I. P L .\ :--J :-.J
I. u C 1 e ~I ;1 r tin
:-.J (; C () Ii;"; C I I.
Palm Beach
lO
In the 1920s, real estate development in Florida tonk
off. Once only accessible to the rich or the focus of
settlers interested in farming, Florida was now the
focus of real estate speculators and middle class
vacationers seeking a warmer home or warm place to
vacation. Another Palm Beach link to the East Coast
Canal materialized in 1925, shortly before the 1920s'
Florida land boom burst, when Harry Kelsey, a \X'est
Palm developer who had been buying land from the
Boston and Atlantic I Jand Development Company,
purchased the canal for $550,000 and inve5ted in
making improvements to the deteriorating and, in
places, impassahle canal.
By 1920, j\lr. Kelsey had contracted with Dr. John
Nolen, who also prepared a design plan for W'est
Palm Beach, and the Olmsted brothers (the sons of
Frederick Law Olmsted) to design Kelsey City in
northern Palm Beach County. In 1923, the
community incorporated making it the first planned
municipality in the state. However, events of the
19205 (the bust of the Florida land boom and the
1928 hurricane, which destroyed most of the city),
and the 19305 (the stock market crash) led to City
becoming defunct and the state nullifying its charter.
In 1939, the city was officially renamed the Town of
r Jake Park. In the mid 1950s John D. MacArthur paid
$5.5 million for 2,600 acres of land in northern P;llm
Beach County that had been owned originally by
Kelsey. That land area included portions of today's
Shown in the image above. the five-foot deep. 50-foot wide
East Coast Canal was operated as a toll route. using chains
across the canal to create payment points.
DRAFT
HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
....
f
"
Lake Park, North Palm Beach, Palm Beach Gardens
and Palm Beach Shores.
In 1925, the Town of Boca Raton was incorporated
at the height of the Florida land boom as a mostly
agricultural community. The original town was platted
by Flagler and the Canal Company. The town council
commissioned noted architect Addison J\fizner, who
had arrived in Palm Beach a few ye,us earlier and
designed many of the town's buildings, including the
Everglades Club overlooking I.ake Worth, to plan a
\vorld-class resort community. His centerpiece on the
Intracoastal, the Cloister Inn, was completed in 1926,
the year the bnd boom ended, and continues today
as the Boca Raton Resort and Club. Unfortunately,
the development company that Ivlizner created in
1925 to trans form Boca Raton soon came upon hard
times when the speculative land boom that had begun
in 1922 began to dctlate. However, i\lizner's
i\lediterranean Revival stvle of architecture left a
stamp on south Florida that remains today.
f~
('.,
Even while the land boom was at its height,
discussions that began as far back as 1913. were
underway about turning over control of the canal
over to the U.S. government. In 1922, the U.S. Corps
of Engineers held four hearings, including one in
West Palm Beach, \vhich \vas attended by some 50
community leaders, to solicit views about a possible
federal government takeover of the deteriorating
priv<1tely-owned canal. By 1926, discussions of a
federal takeover intensified with the collapsc of the
Florida land boom, ,,'hich led to a dramatic drop in
toll income :lnd a rise in maintenance probk:ms along
the canal. Those factors exacerbated complaints
about the failure to maintain the canal ,1t the recjuired
-SO-foot width and 5-foot depth. Nineteen twenty-six
ended with a report to Congress recommending that
the canal and necessary right-of-way be turned over
to the federal government. ,\lso suggested was
widcning the East Coast Canal to 75 feet and
increasing its depth to eight feet, at an estimated cost
of S4.2 million.
)
The early 1900s were also important for the Lake
\X'orth I.agoon (named for \X'illiarn \Vorth,
commander of the Eighth Infantry Regiment in thc
Second Seminole War). It was originally a fresh water
lake with drainage from swampy areas along its
western edge (an area that became the I.ake Worth
Creek as it approached the Loxahatchee River and
Jupiter Inlet), and effons to create an inlet began as
early as the 1 860s. Following Flagler's enlargement of
the inlet during the 1890s, 1915 saw the cre,ltion of
the Lake Worth Inlet District and action by the Port
of Palm Beach to create a permanent four feet deep
inlet. Dredging in the early 1920s led to an inlet depth
of 12 feet in 1920, 16 feet in 1923, and 18 feet in
1926. The S:lme period also saw extension of the
jetties.
During that time period, discussions were underway
related to creating another inlet in the southern part
of I.ake Worth, leading in 1915 to the creation of the
South Lake \"X'orth Inlet District to construct and
maintain an inlet connection from the southern end
of the lake to the ocean. The intent was to improve
the declining water quality of the lake and to provide
for shipping and transportation, In 1917, the South
Lake \vorth Inlet was created in what was later
considered a failed effort to improve tidal circulation
and provide flushing to the south cnd of the lagoon.
The 1925 completion of the West Palm Beach
spillway led to the intlow of needcd freshwater and
provided for the development of the west shore of
Today's City of Lake Worth (image above c 1920) quickly grew
after its founding in 1912. (Image of Lake Worth from the
Florida Archives. Florida PhotographicCollection, </wwW.f1ori-
damemory. com/Photographic Collection> .)
DRAFT
:--.: (; C () (i :\i C I '-
P ,\ 1mB e ,1 c h
3l
CO,\ST
ver St
R I'. (; I () :\i :\ '- P I. ;\ ~ :'-J
I. u C 1 e J\f art 1 n
T R E ;\ S t: R I:
Indian Ri
"....
(v
,....
l~
1'....
. ~
, ~
the lagoon.
HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
The 1920s also saw the creation of today's Peanut
Island, a spoil island that resulted from dredging.
Todav the 79-acre island is owned by the Florida
Inbnd Navigation District, the Port of Palm Beach,
,lnd Palm Beach County and is home to the Palm
Beach Maritime ~Juseum. It has also been the focus
of major habitat restoration and construction
investments. Sites on the island help tell its history:
John F. Kennedy's bunker (a reminder of .the Cold
\V'ar) and a u.s. Coast Guard 'Ready' I-louse.
1927: Contemporary Times - The New Era of
the Florida Inland Navigation District Begins
A new era began in 1927 when the U.S. Congress
passed the Rivers and Harbors Act, thereby ending
the privatization of the IeW \\Thich turned out not to
be a profitable venture. That act assibrned the federal
government the role of constructing and maintaining
the navigation channel of the feW and authorized
establishing and maintaining an inland "vaterway that
in most p,uts was 75 feet wide and eight feet deep at
mean low water. In response, the Florida legislature
created the FIND, which was established as an
independent special district.
The District was authorized to purchase the existing
canal from its private owners and subsequently
convey it to the US. governrnent. FIND helps to
. .
acquire and maintain necessary rights-of-ways and
land for dn:dgecl material management to the federal
<. .
government. FIND is composed of twelve Florida
east coast counties: Nassau, Duval, St. '(,hm, Fhgler,
Volusia, Brevard, Indian River, St. Lucie,i\lartin, P,l]m
Beach, Broward, and Miami-Dade. The district is
governed ov a twelve-member Hoard of
<. .
Commissioners, one from each county in the district,
who are appointed by the Gm'ernor.
I.:lter, voters in the District approved a S I.H million
bond issue to purchase the Coast Line Canal and
undertakc the expanded right-uf-way and spoil an:as
T R E ,\ SUR I~ C () .\ S T
Indian River St
Historic Boca Raton is pictured in the image above. with the
Boca Raton Hotel visible in the background.
needed to enlarge and improve the wate\'\vay,
including the smoothing of the canals' sharp turns.
Bv the end of 1929, title to the waterway had been
tr~U1sferred to the U.S. government. Use of the
waterway was free (symbolized by dropping the toll
chains), and the name officially became the ICW
from Jacksonville to Miami, Florida.
In 1931, the Florida legislature authorized the District
to expend funds for publicizing the completion of
the \vaterway and promote its use to all types of
watercraft. Palm Beach County's D.H. Conkling (a
founder of the Palm Beach Post and Commodore of
"
The Lake Worth Dock circa 1890
R E c.; J (, N .\ I. P I. ,\ ~ :-.;
r. u c 1 e i\1 art 1 n
N G C () L: N C I I.
Palm Beach
32
DRAFT
HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
~
''tiJj1
"
;.. 4~y
Harry Kelsey. Photo courtesy of the Historical Society of Palm
Beach County.
the Palm Beach Yacht Club) served as the secretary
of the disu-ict. The 1930s also saw expansion of the
canal to a 100-foot channel with an eight-foot
controlling depth in order to enhance the operation
(it
Pictured above, Peanut Island was created from the spoil that
resulted from dredging the waterway.
of both commercial and pleasure boat traffic. The
exp,ll1ded waterway was completed to r.liami in 1935.
During \X'orld \'\/ar II, it provided a safe, protected
mute for cargo ships that were being torpedoed by
German submarines off the east coast of the U.S. By
1965, the section of the waterway from Jacksonville
to Ft. Pierce was expanded to 12 feet deep and 12'=;
feet wide, and fWITl ft. Pierce to ;\fiami, 10 feet deep
and 125 fl'et wide,
,~
x.l
The Navigation District has continued to enhance the
waten.;,ay. In the 19805, for example, in coordination
with the Army Corps of Engineers, Palm Beach
County's Department of Environmental Res(llIrces
Management, and the State of florida, it began a
series of projects to inventory and improve existing
spoil disposal sites, the majority of \vhich were found
to be unusable because of their small size or
environmental sensitivity. Since that time, studies
have been completed for six counties, including Palm
13eitch County. iVlajor restoration activities have been
initiated at several Palm Beach County spoil islands
(created or expanded by depositing spoil from
waterway dredging), including Peanut Island, Munyon
Island, John's Island, and the Snook Islands in the
Lake \'Vnrth Lagoon. Those and other restoration
efforts are detailed in the Natural Resourccs chapter
of this report. In 1985, the Florida legislature created
a District Assistance Program to help state, regional,
and local governments with w,nerway improvcment
projects in thc areas of navigation, waterway access
facilities, boating safety, and recreation and
environmental education. Through that program, the
District has assisted 290 projects, contributing $32.2
f"'r"t board of CommiH-liioneNt of the Flor,rt.. Inlu.nd :"\s\'i.c:ution
()i.Iriet. 1928. Sealed lI..f'I. 10 ri"hll: ,John n. Shan'., Frank II. Ow.....
Chairman Chari". Ii'. Burgman. A..W, Younll. cRnRI owner Harry S.
KdM,Y. A.M. Thyl<". SIlUlding Ildt to right): F.G. ~lc~lullen. K"I.,,).'.
..\tome)' nert Wint",.,., D.". ('onklin~. Frank n, Shull., U.f: Fuquay,
A.1I. Ilrook, ho..nl ..uorney A. A. (ire"n. Stanley Kitchin".
In 1927, the Florida Legislature created the Florida Inland Nav-
igational District to be the local sponsor of the ICW. Its first
board of commissioners is pictured above.
DRAFT
I. ,.1, N ~ :--: t; C 0 l: N c: I I.
r t i n p a ] 111 B e a c h
33
T R E ;\ S t' R LeO .\ S T
Indian River St
R 1'. t; I () :--: ,\ I. P
[. u C I e~1 a
,.....
(w
,......
~
/-
..:J
HISTORICAL OVERVIEW: PROLOGUE FOR THE FUTURE
"ti:~
In the 1930s, the waterway was expanded to 100 feet wide
and eight feet deep, enabling it to accommodate larger vessels
such as the steamer in the photo above,
million that led to $97.7 million 10 waterway
improvements and related bene tits.
The IC\XI has come a long way since it carried early
settlers south and locally-grown produce north. In
2008, Palm Beach County had more than 38,000
registered vessels, including freight, commercial
vessels, and recreational craft. Recreational vessels,
which average one vessel for every 33 county
residents and account for a $1.42 billion total
economic output, generate more than 600,000 yearly
boating trips. Those trips do not include hundreds
more trips by visiting boats and commercial vessels
that contribute another $503 million in tot.l1
economic output. Boaters are supported by 1,000-
plus businesses (40 percent of which are located on
or adjacent to the waterway) that generate some $1.29
billion in estimated annual revenues. Details of the
development p.Hterns along the waterway, restoration
efforts \vithin the watcI'\vay, and access to and from
the Intracoastal are detailed in the balance of this
rep< Irt.
[Resource documents for this overview of the ICW'
in Palm Beach County include the following: Florida's
Inland Navigation District: History Background <
www..licw.org/history.htm>; ;\ History of Florida'
t:ast Coast Canal: The Atlantic leW from
Jacksonville to l\liami by William Cr.\\'\:ford, J r.;
Broward Legacy (puhlishccl by the Broward County
Palm Beach County's spoil islands (such as the Audubon-
managed John's Island shown above) have benefited from a
variety of restoration activities (described in more detail in the
Natural Resources chapter).
Historical Commission), Summer/I'aIl1997; History
of Island Estates and the Surrounding \Vatcrways
<www.aicw.org/island-estates.pdf>, assembled
through resources provided hy Catherine \Vilson of
the Flagler Beach Historicall'vluseum and comments
by the Florida Inland Navigation District, Gail
\'Vadsworth, and several old ti me residents; and
Florida's Big Dig: The Atlantic ICW from
Jacksonville to Miami 1881-1935 by William
Crawford,.l r., copyright 2006.]
Ie._
With nearly 40,000 registered boats in Palm Beach County
today supported by more than 1,000 businesses. the ICW has
come a long way since it camed early settlers south and winter
fruits and vegetables
'1' R E ,\ S U R E C <.l ,\ S T R E (; ( I :-.; ;\ I. P L ,\ ~ ;\l N (j C II L: ~ C I I.
I'
I 11 d 1 a n R i v e r S t l. LI C I e [vI .1 r t i n P a I m B e a c h
34 DRAFT
(!t
{i
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The lntracoastal W'aierway in Palm Beach County offers many forms of public access, both on a~d
along the water, and protected access to the water is considered by many to be a key quality of life factor.
Access occurs in built forms, such as riverwalks and parks, as well as natural forms, such as preservation
areas. The boating public, including both motorized and non-motorized vessels, can access the IeW
from marinas, inlets and canals, and boat ramps. Other modes of access for strolling, bicycling, fishing,
swimming, and other activities occur in parks, natural areas, sandy shorelines, and constructed riverwalks.
In general, however, as land uses along the waterway have become more residential, the Intracoastal has
become less accessible to users. This trend towards privatization along the waterway has become
common in many parts of Florida and the nation, encouraging emphasis on protection of public
waterfront lands. The protection, enhancement, and expansion of public access was also among the
strongest recommendat.ions by charrette participants in the development of the Intracoastal Report.
This chapter discusses the many forms of public access along the Intracoastal in Palm Beach County
along with the different types of users. In addition to marinas and boat ramps, park and recreational
areas, riverwalks and fishing piers, certain commercial uses are noted that provide public access for
patrons. The chapter concludes with a series of tindings and recommendations regarding public access,
with strong emphasis on local government actions to protect, expand, and enhance puhlic access through
development conditions as well as with the creation of street-end parks, Expanded public access is also
encouraged for natural areas where appropriate.
T R I;. .-\ S [1 R E C () f\ S T R I': c; () ;-,; ;\ 1. P I. .\ :-.J :-,; :-..: c; C n u ~ C I L
I 11 d I a n R 1 v e r S L Ll C I c i\I a r t i n p a I m B c a c h
DRAFT 35
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PUBLIC ACCESS
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The Intracoastal is a unique amenity in Palm Beach
County, providing access, recreational opportuni ty,
and a beautiful backdrop for upland activities. As
bnd uses along the waterway have tended towards
residential development over time, access to the
waterway for non-waterfront residents has become
increasingly limited. Accordingly, increased public
access to the Intracoastal 'was among the strongest
recommendations by charrette participants. Public
access is viewed as a key quality of life component as
well as part of Palm Beach County's.
In this report, public access is defined as location or
facility that offers some type of interaction \.vith the
water \.vithout restriction on who may use the park.
A few examples of public access are:
.
public parks (active and passive)
rivc1\valks and fishing piers
cause\vays and recreational islands
fishing and snorkeling locations along the
Intracoastal
boat ramps ,lnd canoe/kayak launches
.
.
.
.
.
pLlblic marinas
commercial uses located on the wate1\vay
such as restnumnts and hotels
Public access along the Intracoastal takes many different
forms in Palm Beach County, ranging from urban promenades
(pictured above in West Palm Beach) or natural areas such as
Munyon Island (pictured below). which has become a popular
destination for kayakers,
T R E ,\ SUR F. C () .\ S T
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DRAFT
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Pu BLIC ACCESS
j\ccording to the \'(forking \X'aterfronts report
presented to the Florida Senate in 2004, the use of
FloricLl's waterfront for recreational boating activities
have diminished over time due to the increased
demand for residential waterfront condominiums.
Over the past several decades, this dem.111d has driven
up property values, displacing working waterfront use
and making waterfront property less availahle to
governmental entities for preservation due to its high
cost. Since the housing market peaked in 2007, the
pressure for all forms of n:sidential, including
waterfront residential, has subsided, creating an
opportunity for local gowrnments to reconsider their
approach to diversified waterfront uses. Further, in
~ovember 2nnR, Florida voters .lpproved a "\Vorking
TRF.,\SURE COAST RF.(jIO;\;:\1. Pl.'\~:-":
I n d i a n R i v e r St. I. u C I e i\t art I n
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This report differentiates between two types of
public access to the lC\'Xi. The tirst is large-scale
access for lnrger vessels such as sai]boa ts, motorized
recreational boats, and larger yachts and ships. The
second form of access is smaller-scale, designed for
non-motorized watercraft (e.g., canoes/kayaks),
bicyclists, and pedestrians, and users seeking to wade
ur s\.vim from a sandy beach (along the IC\\', but not
within it).
(J)
Examples of public access listed above all can be
accessed by larger vessels, but not all can be accessed
by kayakers or waders. I.ess than 10110 of Palm Beach
County's 1.2 tvlillion people live within a half-mile or
walking distance of the IC\'\!: Most of that 1 (fYiI can
access the ICW from their backyards, at the end of
their residential street, or within walking distance of
a waterfront park or other venue if available. The
majority of Palm Beach County residents must drive
or use transit to access the water. Furthermore, there
are 38,000 registered boats creating a need for
adequate public access to the w.\terway for larger
vessels and motorized watercraft.
The number of boat ramps is expected to increase
due to planned projects. I-Io\'vevcr, the marinas
allowing public access and working waterfront th.lt
supports the boating and marine industries are
becoming more limited.
. .~
~ ..~..J
\'(iatafronts" amendment to the state's constitution
to limit property taxes on working marine waterfront
uses, such th,)t these properties will be taxed at their
current (typically industrial) value rather than the
potential highest-and-best-use value (typically higher
density residential). These combined factors of
reduced demand anJ tax relief create an opportunity
to reconsider public access priorities for potential
.lCquisition or expansion, Often, the best time to plan
for the future is in a down market.
Parks, Recreational Facilities, and Rivcrwalks
As evidenced by its traJemark motto, "Palm Beach
County ~ The Best of Everything," residents of and
visitors to Palm Beach County enjoy a high quality of
life. The County possesses natural beauty, well-
designed towns and neighborhoods, and along with
these, beautifully designed and well-located parks are
perhaps a hallmark for the community. County
residents have committed to financially support the
acquisition of environmentally sensitive lands and
development of well-amenitized park and
recreational facilities throughout the County,
especially along the 4:1-mile Intracoastal. Park anJ
recreational facilities should be provided for all walks
of life. In Palm Beach County, they are provided by
the County and its local governments as well as the
Waterfront parks provide superior settings for community fes-
tivals and events, such as West Palm Beach' ''Fourth on Fla-
gler" to celebrate Independence Day.
~ C; C () [' ;\; ell.
P ,l 1mB e a c h
DRAFT
37
I' ...
Pu RLIC ACCESS
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State of florida and other public entlt1t:s. These
13cilities, especially those on the waten"":1)', provide
opportunities for festivals and public events such as
Sunfest. i\ctivities can range from quiet retlections
to \.veddings and birthday celebrations. Parks can
celebrate the waterway and create a focal point and
identity for the community, or they can be tucked
away to create respite from a busy urban area. Parks
are excellent locations for public art and CIVIC
investment. They encourage tourism and help
economic recruitment and development.
The planning field differentiates between active and
passive parks, Active parks have more structured
activities and can contain ball fields, tennis courts, or
playgrounds. Active parks require more
,. ...
co
infrastructure investment such as lighting, parking,
and rest rooms and need to be actively managed.
They tend to be larger in scale; host events such as
tireworks and festivals; include progmm space such
as amphitheatres; and are often regional in attraction.
In contrast, passive parks are often smaller-scale,
usually offering fewer activities, re(luiring less
infrastructure, and providing simpler, lower-cost
amenities, such as picnic tables and pavilions. Passive
parks can be large or small and be adorned or simple.
Either type of park can be rural Of more urban in
nature and range in size. Small-pocket parks, or
street-end parks, can simply entail a 25-foot wide left-
over strip of land or a single residential lot in a
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These maps illustrate current parks (city. county. and state) as well as preservation lands along the Intracoastal Waterway in
Palm Beach County. Clearly. there is a significant concentration in northern Palm Beach County. particularly north of the Lake
Worth Inlet (from Peanut Island north into JupiterfTequesta - see map above left). In contrast. the population distribution of the
county tends to favor the south County. creating a potential transportation network demand for users accessing these facilities.
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neighborhood. Or, brger facilities can consume (or
preserve) hundreds of thousands of acres. hlCilities
can be located on the edge of a community or (:in be
the center of the ro'.vn or neighborhood. ,\long the
lntracoastal, and through the many communities that
include thl.: watenvay, the County :lnd local
governments should provide for a wide mnge of park-
types to provide recreation for all ages and interl.:sts
from the young baseball player to the older couple
strolling through a quiet natural area. Palm Beach
County's current inventory of parks and natural lands
are illustrated in this chapter.
Currentl)', there are 38 gener:llly accessible \vaterfront
parks along the IC\v from Teljuest;\ to Boca Raton,
and they range in size from 1/2 to 300 acres. Of this
waterfront park inventory, 12 are active parks, and 26
are passive. In addition to these, there are numerous
pocket and street-end parks that are desih'11ed to serve
the immediate neighborhoods in which they are
located.
lfJ
The larger active parks offer marine activities such as
boat mmps, docks, clnd salt\llater fishing. There are
also non-marine-related activities at many of t.hese
waterfront parks, including ball fields, tennis courts,
.~
Park pavilions. such as the larger pavilion pictured above, are
in high demand for waterfront events such as parties, wed-
dings, and celebrations, These facilities should correspond to
the local architectural vernacular and be designed with gen-
uine materials and green building standards to address the
sentiments of charrette participants.
1
- 1
/
pbygn lunds, and pavilions.
The passive parks ,1re usually located at the edge of
residential neighborhoods, with direct views to the
Intracoastal. J\[ost do not provide motorized boat
access, yet some include amenities such as fishing
piers, c:lnoe/kayak launches, walking trails, bike paths,
and play areas,
The County proposes to expand its waterfront park
facilities with major expansions planned for Jupiter
lnlet Park (additional day docks and passive
recreational facilities) and Bert \X!inters Park
(expi1nsion of boat ramp support amenities), as well
as develop a passive natural facility north of Donald
Ross Road (canoe/kayak launch facilities and passive
amenities), \vithin the seven marina villages
described in this plan, t\vo in particular 0 llpiter and
West Palm Beach) propose sibmificant expansion of
public recreational space (mostly passive) ,1long the
watenvay. \Xiith the significant limitations of publicly
accessible recreational space along the lntmcoastal,
and likely reductions in public funding, these
proposed facilities should be strongly safeguarded to
ensure their development.
Design Principles for Parks
When designing parks, care should be given that the
area has natuf<1I surveillance. Instead of depending
on law enforcement to patrol a park, the easiest WilY
to achieve monitoring of a park is by designing it so
residents, workers, and patrons survey the park.
On the following page is an illustration of how ,1
waterfront p<Hk can be incorporated into il
community with natural surveillance by adjacent uscs.
The concepts illustrated in the image are for the
waterfront portion of the Riviera Beach eRA, south
of the Blue Heron Bridge, \\'hich focuses on
Bicentennial Park. 0Jote that "II buildings
surrounding the park have their fronts to the park.
People l.ntering and exiting the buildings cannot help
but notice activities occurring in the pilrk.
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DRAFT 1~)
PUBLIC ACCESS
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Public plazas and parks can be effectively integrated into
urban redevelopment. such as Bicentennial Park (the large
watetfront parcel colored green) identified in the images above
from the Riviera Beach marine-oriented master plan. Key com-
ponents of a successful design are the placement of buildings,
to create "eyes on the park. .. and the location of the park within
the roadway network.
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Street-End Parks
An untapped resource in many communities exists in
the form of roadways that terminate at the IC\X:~
Tbese small, n,lrrow public parcels create the
opportunity for inexpensive street-end parks within
neighborhoods. Allowing for typically passive
recreation,ll space along the w,ltcrway, the conversion
of th~sc undcrutilized rights-of-way enables natural
surveillance by neighboring residents. Structures
within these parks can utilize architectural details to
create ,1n identity for the. neighborhood and reflect
the :1fchitecture of the are,l.
J' ....
St.reet-end )J,uks C;1l1 increase the quality of life for
the surrounding community. They provide "shuuting
distance" parks for children :lS wdl as quiet respites
For senior residents who may nut be able to dri\'l.~ but
can walk to the park. They C;l11 also increase property
valul's by expanding a waterfront amenity to nOll-
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waterfront pr< lperties. From a design perspective,
street-end parks also ,1llow for st.reets to be
terminated with architectural and/or landscape
designs that enhance waterfront vistas for
neighborhood residents and visitors, For street-end
parks to be successful, local governments need to
resist the urge for short-term revenue with the
abandonment of these unique and valuable
properties, and instead, .
Street-end parks, and the buildings surrounding them,
should be properly designed with buildings facing
these parks. This building orient,ltion will keep eyes
on the park, provide natural surveillance, as well as
maintain a measure of privacy for adjacent residential
properties. ldeally, a building should have t\\'o fronts:
one facing the park and the other facing the watef\vay
much like a corner lot. Local governments should
consider special land development and zoning
regulations to encourage street-end parks and
accompanying natura] surveillance. Furthermore,
with proper planning, oversight, landscaping, and
maintenance, the park can become the responsibility
of the neighborhood.
The Town of Lantana otters an excellent recent
example of street-end development. The Town
identitied its unused roadway rights-of-way that
West Palm Beach's Gettler Park is a passive facility that uti-
lizes the 45th Street right-of-way as /1 terminates on the Lake
Worth Lagoon,
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40 DRAFT
Pu BUC ACCESS
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In the above map from the Town of Lantana, green stars indi.
cate street rights-of-way that terminate at the water's edge.
terminate at the water (identified in the aerial photo
above with green stars), Subsequently, the TO\vn
approached neighborhood associations to determine
which would be amenable to working with the
municipality for the development of street-end parks
on these underutilized parcels, Photos of the before
and after conditions for one of these park facilities
are included above.
Street-end parks can also accommodate more
ambitious desib'11S and improvements. Depending on
available land area, a variety of uses can be
incorporated into these facilities, such as the
boathouse illustrated on the follmving page. \'\'alking
along the \vater's edge, the structure provides shade
from the sun or shelter from the rain. The building
illustrated could provide internal storage for
canoes/kayaks or other small lightweight watercraft.
If managed hy a neighborhood or homeowna's
association, a street-end park could provide
recreational access with capital facilities funded hy the
association. i\laintenance costs could be funded by
annual ,lssessments or user fees, depending on the
services ()ffered.
Riverwalks and Bridges
\'('ith populated barriL:r islands to the L:ast ,ll1d the
mainland to the west, Palm Beach County has a
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The pictures above show the before and after conditions of
one of Lantana's street-end parks. These areas can offer sim-
ple, passive recreational access to the waterfront, which is es-
pecially desirable for non-waterfront residents.
Street-end or other waterfront parks could include well-de-
signed architectural statements. such as the rowing club build-
ing pictured above.
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DRAFT 41
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There are many different forms of public waterfront buildings
that will help maintain public access to the lew In addition to
small pavilions and passive recreational structures, rowing
club buildings, such as the one illustrated in the image above,
can exist in street-end parks or other settings,
history of significant bridges crossing the IC\V,
While the County's e,lrliest bridges were low-scale,
basculc bridges operated by bridge tenders, over time
several of these bridges ha\'e been converted to
higher-span fixed bridges. Palm Beach County
currently has 18 bridges, and ten of these are
controlled and maintained by FDOT.
Some of Palm Be,lCh County's most interesting urb,ln
waterfront access points have been created in
conjunction with these bridges. Indiantll\vn RO,ld's
bridg<: in Jupiter provides a rhrerwalk that connects
t.he lands helm\' the bridge with the Town's marina
village north and south. The area provides a lighted
festival plaza for special events, a ~ishing pier and
public parking underneath the bridge, decorative
pa\'crs, lighting, landscaping, benches, ,1nd other
public amenities. The bridgc structure also includes
decorative features and context-sensitiH' architecture
for the hridge tender facility.
T J{ E . \ S l: R I~ C U . \ S T
I n d I a n R I \' e r S
42
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Boathouses and other public structures within neighborhood
street-end parks offer opportunities for architectural creativity
and significance, increasing surrounding property values and
cr.eating a community asset from otherwise unused land.
In West Palm Beach. the bridge and promenade to the water
with a low-scale seawall to allow users to enjoy broad views
of the water.
Fbgkr Drive in \,<Test Palm Beach hosts boat shows,
exhibitions, festivals, and concerts. The low-scale
seawall reI11O\'cs visual barrins to the water.
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DRAFT
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Palm Beach
PUBLIC ACCESS
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Above. the area below the Boynton Beach Bridge is treated
as a shaded plaza with benches and landscaping. Below,
downtown Delray Beach's riverwalk extends below the Atlantic
Avenue Bridge, activating the waterfront with park area, a play-
ground. and quiet areas to sit,
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The Boynton Beach Boulevard bridge is an example
of a successful rive(walk and bridge park with a
marina village. Benches and other people-friendly
amenities encourage people to enjoy the \V,Her :l.l1d
look at the mechanisms for the raising and lowering
of the bridge. In the immediate vivinity, Boynton
Beach's marin,l village fe,Hures residential units,
restaurants, office, rctail, and entert,linmcnt \'\:nues,
boat slips, and docking facilities with e'p:ll1ded public
:l.ccess to the waterwa y.
The ;\tl:tntic Avenue bridge 111 Ddrav Beach IS In
close proximity to w:Herfront restaurants :Lnd
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Architectural elements and detail create a strong identity and
pride in the dual-purpose bridge/park in Boynton Beach.
Veteran's Park, which features lighted lawn bowling
courts, shuft1eboard courts, and a playground. A tree-
lined, brick paved walkway connects bclo\v the bridge.
Local governments should maximize the potential of
these bridges and surrounding areas for multi-use
public access for its residents and visitors. They h:l.ve
an opportunity to increase public access by creating
ne'" "real estate" around public infrastructure such
as these bridges.
Fishing is an age-old tradition in Palm Be:l.ch County,
and residents ,lnd visitors fish recreationally as well ,1S
to supplement their diet. The County needs more
tishing accessibility for all income levels but rerhars
most importantly for those without bO:l.ts. \'(,hen
designing and upgrading p,uks, local governrnl'nts
should crl:ate angler- friendly and pedestri:l.n-friendly
overpasses, underpasses, :lnd hridge h\11dings.
Railings should be at a comfortable height fur tishing.
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PUBLIC ACCESS
The undeveloped property adjacent to Delray Beach's Atlantic
Avenue bridge provides a quiet place to chat and enjoy the
waterfront.
and anglers and pedestrians should be shielded from
motorized traffic. Receptacles for fishing lines and
rubbish should be provided, for these \vill help
protect the physical amenities as well as tisheries and
other water organisms. Other facilities such as
restrooms, seating, and picnic areas should be
provided where appropriate, and pedestrian-scale
lighting and improvements should be emphasized,
Designs should utilize and maximize potential of the
"dead space" under bridges for sitting, picnicking,
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Charrette participants identified Jewel Cove on the island side
of the Lake Worth Bridge as an opportunity to utilize this for-
mer bridge to encourage passive access and fishing while cel-
ebrating the natural features ofthe area.
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Old Bridge Park. proposed in Lake Worth's marina village, represents simple. contextually appropriate architecture providing
public access as well as limited concessions on the water's edge,
T R I'. .\ S l: R r: C II ,\ S T R t-: (; ( ) :-; ;\ l. P l. ,\ :--; :--. :-; (; C 0 l.: :-.: (' I l.
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44- DRAFT
PUBLIC ACCESS
(t)
parking, walkin~, (jshin~, and rdated activities. Local
governments should ",'ork with permitting agencies,
participate in project-specific design committees, and
ideally work collaborative1y at the county or regional
level to maximize the potential of public rights-of-
way and facilities along the waterfront.
Other Recreational Destinations
/.'~....
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Recreational boaters and the general public look for
destinations to enjoy the water, for most boaters do
not want to cruise all day. Instead, many boaters want
to dock, anchor, or beach their boats, using the vessel
as t.ransportation. While the shoreline is \vell-
populat.ed with commercial dest.inations, there are
fewer recreational destinations along or within the
Water\.vay.. Given their limited number, the existing
facilities and destinations are in high demand, with
upwards of thousands of boaters frequenting spoil
islands, such as Peanut Island along wit.h nearby
sandbars outside the I C\"X-' and park properties. 111
comparison to its large population, Palm Heach
County has only a few sllch facilities, and charrette
participants emphasi7.ed their desire for existing
facilities to be expanded, and new f,lcilities to be
developed.
I.ake Worth's Snook I sland project in 20US is an
excellent example of how t.he environment and
public can share benefits from a restoration project.
In this example, existing, man-made dredge holes
were filled to create islands adjacent to the
Intracoastal channel, with native plantings and rock
to establish habitat and \vater (luality improvement.
While the southernmost island will be accessible by
riverwalk, the northern islands are only accessible by
small watercraft and non-mutorized watl:rcraft. In
this portiun of the I,ake \X'orth I.agoon, even spoil
islands arc somewhat limited, so the crc.1tjon of these
islands pr()\'ides a double-benefit fm the natural
system as well as the recreation,11 users.
i.)
Charrette participants fl:cognized the potenti,ll access
opportunities crl'ated by the Snuok bland project and
suggested primitive camping sites .111c1 l:ducation.l1
kiosks be provided at restored spoil and n,1tural
islands. The image in this chapter shows Snook
Island with simple camping facilities, constructed
from renewable materials that would ideally represent
The Intracoastal and its shoulders provide extensive fishing
opportunities for Palm Beach County residents and visitors,
Located in the Lake Worth Lagoon near the Lake Worth
municipal golf course. the Snook Island restoration project
transformed existing dredge holes into an environmental
amenity that also provides a series of ecologically interesting
destinations for recreational users.
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Palm Beach
DRAFT
45
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PUBLIC ACCESS
closed systems, negating any environmental impacts.
The Lake \,!orth Bridge is in the background,
enhanced \vith a pavilion and fishing facilities. Local
governments, agencies, and organi7ations should
work together to create more of these multi-purpose,
multi-user public access destinations for users in and
along the Ie\'\-:
To expand the inventory of these and similar public
access facilities, local governments should utilize
regulatory incentives to form partnerships with
private sector developers and business owners. The
incentives include land donations, public easements,
construction, and maintenance of public access and
waterfront facilities along the mainland and barrier
islands in exchange for entitlements. For example,
density increases can be given to a project, and/or the
local government could offer expedited permitting
when a project inCludes (and maintains) public access
to the waterfront. The public access would also
provide an amenity to the developer's project,
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Areas such as Lake Walth's "Jewel Cove" represent untapped
environmental resources for kayaking. fishing. and other recre-
ational and eco-tourism activity along the ICW
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con ferring increased value on individual properties
within the project.
Additional access can be established via commercial
concessions offered in conjunction with traditional
marina and \vaterfront uses. For example, marinas
offering water taxis, rentals of personal watercraft
(e.g.. jet skis, waverunners), motorized and non-
motorized watercraft, fishing charters, picnic and
fishing areas, and other waterfront enjoyment
activities could receive additional entitlement or tax
rebating for these uses. Parks, playgrounds, and
picnic facilities could be located in places people may
fish, rent, or launch a boat, canoe, or kayak. Public
p,uhways, bike routes, and transit systems should be
designed to interconnect the waterfront and
commercial destinations and neighborhoods.
Grccnways, Trails, and Blueways
The promotion of eco-tourism was a strong
recommendation by charrette participants. \\Tho noted
the natural beauty of the undeveloped shorelines
along the Intracoastal as well as islands within and
along the waterway. Eco-tourism is a broad issue,
which is discLlssed in several chapters of this report.
\\lith regards to public access, eco-tourism is
addressed in this chapter with regards to greenways
and trails, bike paths, and blueways. ivlore discussion
on this topic is available in Chapters V (Protection of
Natural Resources) and VII (Fcn-Tourism and
Recreational Opportunities).
Eco-tourism is generally defined as a form of tourism
to undisturbed :lreas high in natural beauty or
biodiversity that strives to minimize ecological impact
or damage. From a public access standpoint, thl:'
Intracoastal ,1nd its shoreline offer interesting and
possibly l:'xpanded opportunities for eco-tourism
\vithin Palm Beach County. \X!ithin the State of
Florida, and Palm Beach County in particular, there
is growing l'nthusiasm fur and intl:'rest in ,Ilternative
modes of transportation - tra\'e! by foot, bike. and
nun-muwrized watercraft that provide
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Pu BUC ACCESS
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transportation ml)bility with enhanced recreational
activity and reduced f()~sil fuel consumption. In
natural settings, these alternative modes of
transportation primarily occur Vi,l three types of
facilities:
Greenways, which are generally defined as
scenic land trails or routes occurring through
natural areas that include t.ravel or recreational
act.ivities. Greenways are typically considered
to be wider natural corridors composed of
natural materials; however, greenway
segments rnay relluire interconnections
composed of hardened materials. Greenways
can accommodate pedestrians, off-road
bicyclists, and equestrians.
Trails, which are typically defined as pathways
constructed of various materials, including
natural surfaces as well as boardwalks, asphalt,
and stone, that are Llsed for recreation, as
alternative modes of non-motorized
tn1l1sportation, or both. Although t.he terms
"greenway" and "trail" are often
interchanged, trails are t.ypically C(jnsidered to
be smaller (narrm.ver) facilities than
green\.vays and are more often comprised of
hardened surfaces that are compliant with the
Arnericans with Disabilities ,\ct. Therefore
trails typically can more easily accommodate
on-road bicycles, strollers, and other "vheeled
vehicles as well as off-road users (e.g., hikers,
off-road bicycles, eyuestrians).
.
Blueway~, which ,Ire waterborne trails for
typically non-motori7.ed w;ltercraft, including
c.lnnes and kaY:lks, that rely on paddling in
","ater for mobility,
Charrettc participants were highly supportive of
expandeu modes of access to and along the
Intracoastal that utilized these three types of facilities.
In addition, participants articulated strong inten:st in
interconnccti( ll1S between upland facilities (gn.'cJ1\\'ays
,md trails) and blueways.
Canoes and kayaks have become more popular uses on the
Intracoastal. reflecting the growth of this national trend.
There are currently extensive efforts underw,IY to
cre,lte and enhance a network of greenways and
blueways, with programs in various stages at the local,
regional, state, and rnulti-state levels. These efforts
are generally described below as t.hey relate to public
access.
County Efforts
Palm Beach County has maintained a long-standing
commitment to the preservation and enhancement
nf natural lands and expanded recreational access
within those lands. As a leader in a multi-agency,
multi-jurisdictional dfort, the County has facilitated
the development of the Northeast Everglades
Natural Area (NEN}I.) project, which identifies and
enh,lOces extensive multi-user facilities (hiking,
bicycling, equestrian, and paddling) through this area.
I,ocated pn:domin,ltely in northern Palm Beach
County, the NENi\ plan stretches from Bridge R( lad
in l\Iartin County south to Southern Boulevard in
Palm Beach County, and from Llke Okeechobee in
western Palm Beach County east to the Atlantic
Ocean, encompassing 165,OOn acres of natural
Florida lands and providing cunnectivity to the
I ntracoastal, especially in the Jupiter area. N umcrous
points of interest are included within the NENA
plan, noted as follows:
T R I... \ S L R Ie C II ,\ S T R I'. c; () :\ .\ l. P I. ,\ :-..; ;-..: ;\ c c: () L'
I n d i a n R i v C r S t L u c i e i\[ a r t i n P ,1 1 m 13
DRAFT
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47
PUBLIC ACCESS
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Blowing Rocks Pn:scrve
Busch \~'ildlife Center
DuPuis Management Area
Cypress Creek I\Ianagement Area
.J.W Corbett Wildlife i\lanagement Area
Everglades Youth Conservation Camp
Grassy Waters Preserve
Babe Sound National Wildlife Refuge
John D. MacArthur Beach State Park
Jonathan Dickinson State Park
Elsa Kimbell Environmental Education
Center
Hungryland Wildlife and Fm,ironmental
Area
Jupiter Inlet Lighthouse and Museum
Lake Okeechobee Scenic Trail
Loggerhead rvTarineIife Center of Juno Beach
Loxahatchee River Environmental Center
· Palm Beach Maritime Museum on Peanut
Island
· Riverbend Park
· Martin and Palm Beach County Natural
Arcas
N ENA includes several key multi-user trail facilities
that ultimately connect to the lCW: generally in the
Jupiter area, with future potential connections in
central and southern Palm Beach County. N EN t\
also interconnects with two major multi-county trails,
including the Lake Okeechobce Scenic Trail
(established on top of the Herbert Hoover Dike that
surrounds Lake Okeechobee) and the Big Water
Heritage Trail (a five-county trail facility occurring
within the five counties surrounding Lake
Okeechobee). As these facilities continue to develop,
these trails and their interconnection with t.he
NENA PI.-
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Projects such as Palm Beach County's Northeast Everglades Natural Area (NENA) provide opportunities to integrate activity on
the ICW with inland recreational and natural amenities for expanded eco-tourism and nature-based recreation.
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Pu BUC ACCESS
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Intracoastal provide multi-day, multi-usl~r facilities,
\vhich \vill expand the na tur~ll ,1ccess to these
destinations as well as greatly expand the County's
eco-tourism opportunities.
The County is also developing the South County
Greenways and Trails Plan to identify non-motorized
transportation and recreational trail opportunities
south of Southern Boulevard (SR 80) to the Brnward
County line (map excerpt below). This plan will result
in a map of existing and proposed greenways '.lnd
urban trails that will offer recreational opportunities,
non-motori7.ed transportation options and
connectivity to regional activity centers along with an
o
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~ .. 'ou~ C.oUNTY GR.fEN.y:.,VS . TI'l':'Il.S_ ;:Uo;N I I ;
Scheduled for completion in 2009. Palm Beach County's
South County Greenways and Trails Map (excerpt above from
preliminary map) identifies greenway. trail. and blueway op-
portunities south of SR 80 to the southern county line.
l}
implementation strategy for future funding
consideration. i\t a regional level, the plan \vill also
identify conl1l:ctluns with Broward County's
C;reenways Master Plan and the NFNi\ plan for
Northern Palm Beach County, Completion of the
draft phn is anticipated in 2U09.
At a larger scale, Palm Beach County actively
participate~ in the development of the East Coast
Greenway, a 3,OOO-mile multi-user facility that will
ultimately provide a recreational connection between
Key \'('est and Calais, Maine. The County has
generally identified its alignment for future planning
purposes and, over time, anticipates designation of
key segments, many of which will interconnect with
the shoreline of the lC\X~
The County's Greenway and Linked Open Space i\Iap
(on the follmving p,lge) indicates the general
opportunities for natural interconnections. This
effort, along \vith other updated in formation, will be
utilized ,1S the P,llm Beach l\.IPO develops its
Greenways and Trails ~\hp in 2009. In addition, the
charrette discussion yielded especially strong interest
in the paddling trails component of the County's
efforts, including locations along the IC\'V for
canoeing and kayaking as well as interconnections to
the interior upland. Initial location maps for this non-
motorized ,1ctivity have been developed as part of this
report, based on available data. To further
understand and develop this eco-friendly form of
access to the Intracoastal and its environs, addiuon,ll
inventory, identi fication, and analysis of th<:se f.1cility
c< lInponents should be conducted.
Regional Greenways and Trails
The Treasure Co:tst Regional (~reenways and Trails
G IS Project is currently being developed, with
'rCRpC coordinaring an inrcr-ag<:ncy, multi-
disciplin:uy working group. Palm Beach County's
portion of the Inrraco,lst,11 will playa focal role in this
regional systt:l11. This project will identir~' multi-
county facilities thruugh the four Treasure Coasr
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In Palm Beach County's Greenway and Linked Open Space System Map (above), the Intracoastal clearly parallels the proposed
alignment for the East Coast Greenway (indicated as a red highlighted corridor along the ICVi>?
Counties (palm Beach, Martin, St. Lucie, and Indian
River) as well as the interconnections into
surrounding counties. The component facilities are
intended to address the needs of all user groups,
including hiking, bicycling, eCluestrian, and paddling
facilities. An early version of the Regional Greenways
and Trails map is included on the following page. As
the r ntracoastal \v'aterway traverses the four Treasure
Coast counties, it presents a strong opport.unity for
cross-county travel and heightened interest for users.
A feature uf the regional network will be identified
interconnections to key historic, cultural,
, .
et1\'irnnmental, and educational facilities, many of
which lie along the Intracoastal's shoreline. Emphasis
has also been placed on utili7.ing the regional
greenways and trails network to highlight heritage ,ll1d
cultural tourism, particularly \vithin historic
downtowns. which corresponds to the marina villages
and potenri,ll water taxi network discussed in this
Plan.
State Greellways and Trails
The Florida Department of Environmental
Protection (FDEP) Recreational Trails Program
administers state and federal funds to city, county,
state. and federal governments and organi7.ations for
the development of recreational trails, trailheads, and
trailside facilities. \~'ithin FDEP lies the State's Oftice
of Greenways and Trails (OG1), \.vhich coordinates
the state's planning efforts in this area. The OCT
maintains a st,lte-wide inventory of "opportunity
linkages," which represent local priorities and
expectations as to greenway .lnd trail alignments.
Proposed facilities must be included on this map to
recei\'e certain types of state funding (e.g.. Florida
Forever funds).
In addition to the upland facilities, FDEP also
developed and maintains the Florida
Circumnavigational Saltwater Paddling Trail, which
T R E .\ S L: R r: C ( 1 .\ S T R I-: (; ( ) :\ ,\ I. P L ; \ :\ :\ :--.; ( ; C II L' :\ (' I I.
I n d I a n R I V e I' S I. 1I C I e M ,I r t I 11 P a I m B e a c h
50 DRAFT
(~
Pu BLIC ACCESS
Q)
In the early version of the Treasure Coast Regional Greenways
& Trails map above, the concentration of multi-county facilities
are evident especially in northern Palm Beach County into
Martin County.
identi ties canoe and kayak trails to explore Florida at
the periphery of the mainland while remaining
protected from open waters, The Trail begins at Big
Lagoon State Park near Pensacola, follows the
external contours of mainland Florida, and ends at
fort Clinch State Park near the Georgia border. The
trail traverses 1,600 miles divided into 26 segments.
Images of the paddling trail as well as the opportunity
linkages are included in this chapter.
For purposes of puhlic access, speci,11 emphasis
should be placed on those desired facilities that
provide interconnection to the Intracoastal,
consistent wit h the priority expressed by charrette
participants regarding public access,
Multi-State Greenways
~
iI
'fhe Fast Coast Greenway, as noted above, represents
a nationally promim:.nt effort to establish a \nOO-mile
multi-user path connecting the U.S. eastern seabll,ud
through thirteen st:1tes. The trail incorporates a
variety of different methods: waterfront esplanades,
abandoned railroad corridors, canal towpaths, and
other corridors. The goal of the East Coat Greenway
is to create a tranic-free greenway for its entire length,
Currently, roughly 2m'il of the greenway is tramc-free
,1I1d already being utilized. Various government,ll
entities manage the greel1\vay and utilize consistent
sign age, and the East C:O,lSt Greenway Alliance, which
organizes the project, monitors trail conditions
throughout the facility. Within Palm lkach County,
the Intracoastal \X\ltet\vay can playa highly visible
role in its parallel alignment to the greenway, and
special emphasis can be placed on portions of the
facility that enable users ckar water views, lookouts,
or resdng stops along the water's edge. This multi-
state facility can significantly expand public access for
non-motorized travels, both within the County and
beyond.
Integrating Greenway and Blueway Systems
Charrette participants w:1.nted to tie the various trail
systems together and into the lC\V This could be
achieved by sharing facilities; marketing and
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At the state level, FDEP has taken the lead to identify a
"Florida C;rcumnavigational Saltwater Paddling Trail. Inland
access is provided via ocean and gulf inlets.
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DRAFT
PUBLlC ACCESS
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DRAFT S3
PUBLIC ACCESS
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Southern Causeway to Snook Islands canoe and kayak system
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DRAFT
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Pu BLlC ACCESS
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developing the greenways ,lnel blueways as an
interconnected system; making segments uS:lble to
different types of users such as hikers, bicyclists, and
paddlers; and connecting the IC\'V to greenways with
urban and natural trail segments. Various locations
should be highlighn:d as interesting destin:ltions such
as historic structures and geography, fishing sites,
canoe and kayak launches, :lnd visitor
accommodations ,lnd amenities such as campsites.
hotels, and laundry facilities. This data will be
assembled at the regional level for major facilities, hut
additional data collection and analysis will be
necessary at the loc1llevel within Palm Beach County
to improve the depth of this concept. Popular ICW
destinations such as Peanut Island, marin,l and w,lter-
related vendors and services, and linkages to water
taxi services would provide a more "civilized" respite
and should also be noted, Charrette participants also
requested enviromnental education kiosks and tours
The Office of Greenways
and Trails. within FDEP.
maintains a map of oppor-
tunity linkages for future
user facilities (imaged
above). Palm Beach
County is the focus of the
zoomed map on the left.
East Coast Greenway I v ", \.
A Troll ConnecHng CIIIu }. ;i\-
CANADA \ \
Malne to Florida - ,.;. ,
PrcpoHcI Rout. Con1dor . J',"'"
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The East Coast Greenway is a 3, ODD-mile multi-use green way
/ trail facility envisioned to exist between Maine and the Florida
Keys. Portions of the Greenway are aligned with the ICW
along Florida's east coast. including Palm Beach County.
along the \'(!atel'\vay, which could expand the advocacy
base for the watt:nv,lY's restoration and enhancement.
Access for non-motorized watercraft, particularly
canoes and byaks, was a topic with much enthusiasm
during the charrette. In addition to the provision of
more bunch locations for these users, particip:lnts
also noted the need to enable improved crossing of
spillway structures, which control the relationship of
water levels between canals and the IC\X~ Also
referred to as "control structures," these provide a
necessary water control function; however, they
inhibit blueway access from the 1(;\\1 to interior
paddling trails through these canals. This discunnect
also prevents :lccess to upland greenways and tmils,
hi fUl'cating the desirt:d connections by users.
T R E .\ SUR E C () .\ S T
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f. 1I C i e 1\1 ,1 r t i n P a 1 m 13 e a c h
DRAFT
5()
PUBLIC ACCESS
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Boat Ramps and Public Marinas
At canal interfaces with the Intracoastal Wate/Way. formal
portage facilities, such as the facility illustrated above for the
C-51 Canal. would enable broader blue way interconnectivity,
providing enhanced public access to these facilities.
~
Spillways and other fixed structures in canals that
connect man)' of the potential paddling trails inland
currently prohibit connections, creating a need for
portage. The C-51 canal already has an informal
portage, evidenced by the "cow path" on the banks
from canoes and kayaks being dragged up the bank
and across the structure. The charrette team created
.1 model portage that can be adapted and applied to
other locations. Gently sloping steps allow paddlers
to drag their vessels over land to the opposite side of
the spilhvay.
\X/hen marketing the various greenways .1nd blueways,
it is important to create a consistent identity and
signage system for users. i\laps should be widely
available to the public and posted at key locations
throughout the trails, highlighting amenity locations
as well :IS interconnections with other trail facilities.
To build upon these systems, fut.ure greenway
planning efforts to create greenways she luld connect,
append, and enhance other greenway and blueway
net\Hlrks, filling in the gaps between SLlnJ-.11one
segments where possible.
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Boat ramps and public marinas serve as access points
to the Intracoastal for those with and without boats.
FIND data indicates Palm Beach County currently
has a boater registration of roughly 38,000 vessels,
most of which are below 25' in length. For boaters
that do not live on the water, there an: three options
to access the \vaterway: rent a wet or dry slip in a
private marina, rent a wet or dry slip in a public
marina, or use a boat ramp.
For a county of 1.2 million people, there is relatively
limited public marina access along the lew in Palm
Beach County, with .l current inventory of 37 public
marinas that provide fuel, water, ancl other services,
These facilities offer dry and "vet slips for users on a
monthly or annual basis. While marinas usually
provide a wide range of services, many recreation.,l
boaters only need access to the water. BO~lt ramps
provide that access; however, they need to be
accessible landside and provide adequate
infrastructure to launch these smaller watercraft.
Demand for both forms of boater access to the
Intracoastal will continue to increase as the County's
population grows over time. 1\ third form of boater
facility along the Intracoastal is in the form of
anchorages, or mooring fields within the waterway.
where users can anchor vessels or otherwise secure
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Properly designed portage facilities should maintain gentle
slopes and ideally floating docks at the water's edge, such as
the features illustrated in the above example,
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them to buoys. Currently, ,lll the County's mooring
fields :ue inform,ll, which provides these areas at no
cost but also limits their security, surveillance, and
operations. I.ong-term, formalized anchorages m,l)'
provide a low-cost opportunity to increase available
storage for boats as well as access to more traditional
marine services such as pump-outs, upland facilities.
In addition to motorized and larger vessels, there
exists a dl'mand for non-motorized vessels, including
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Public marinas and boat ramps are located throughout the length of
the ICW in Palm Beach County. with concentrations of these facilities
near the four ocean inlets.
THE ,\ S L' R E C U ;\ S T
Indian River St
REv UN
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5H
DRAFT
canoes, kayaks, and other small boats. These forms
of watercraft can be bunched from a variety of
formal and informal locations, including public
launches integrated into public p,uk facilities, or more
simply, sandy beaches. Upland support facilities for
this use include parking areas and typical park
amenities. Similar to the growing demand for
motorboat facilities, demand for non-motorized
facilities will also grow with increased population.
This section describes the inventory, status, and
recommendations related to public boating
access to the IC\'V~
Boat Ramps
The TeRPe has identified boat ramps and the
water access they provide as a regional issue.
Currently there are fifteen boat ramps in Palm
Beach County to accommodate more than
18,000 registered boat owners who indiC<lte they
trailer their boats. Parking at boat ramps limits
the users, and often, users cannot find parking
at these facilities. This creates hostility at the
ramps and a spillover of trailer parking onto
adjacent roadways.
Boat ramps arc also important to marine
businesses that are located inland. They allow
access to the Intracoastal, Atlantic Ocean, and
other water systems in Florida.
Although more boat ramps and trailer parking
arc planned, they will Likely become inadequate
to serve Palm Beach County's growing
population. County and local governments
should look for ways to pruvide l11or~ boat
ramps and parking for trailers. Efticiency of
thl:se facilities can be expanded with more
staging docks to relieve pressure on the ramps
themselves. Boat ramps need to be easily
accessible by land, rninimizc their impact to
surrounding areas, intcgnne with the
surrounding area, be convenient and safe, and
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Palm Beach
PUBLIC ACCESS
~
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The Riviera Beach Marina. pictured above, maintains wet and
dry slips in a working waterfront district. The County is devel-
oping a public boat ramp within walking distance of this facil-
ity
provide .1mple tmiler parking. Bo~t ramps should also
provide angler amenit.ies such as fish-cleaning t.ables,
tishing line disposal, recycling, restroOI11S, and other
appropriate facilities,
Public Marinas
()
Over half of the County's registered boaters house
their vessels in wet and dry slips. There are currently
37 public marinas along Ie\'<< J\.[arinas provide
important goods and services to boaters and other
non-boating marine users, including boat rentals,
marine-oriented concessions (e.g., food, beverages,
ice, bait and tackle), and \vater taxi boarding. Public
marinas also provide fuel, boat repair and
maintenance docka1re facilities, and towing;. Some
, b L.
public marinas offer lodging and recreational
amenities as well. The map on the previous page
illustrates t.he current inventury of boat ramps and
public marinas in Palm Beach County. As illustrated
in this m~p, these facilities arc distributed throughout.
t.he Count.y, wit.h clear concentrations near the four
inlets tl) the Atlantic Ocean.
There arc four significant expansions to the County's
inventury of public accesS points:
. Phil Foster P,lrk in Riviera Beach may
undergo an expansion with addit.ional wet
I"~
,:If!!
slips, boat ramps, trailer parking, designated
anchorage with permanent mooring, and
commercial activities such as jet ski rental and
dive and charter boats.
.
Jupiter Inlet Park, augmented with a recent
County land purchase, is planned to have a
canoe/kayak launch, thirty day docks,
concessions, and educational kiosks.
.
Burt Reynolds Park in Jupiter is proposed to
receive additional canoe/kayak launches, a
dock master, .1I1d public dry storage.
.
Bert Winters Park at Donald Ross Road in
Juno Beach is slated to add boat ramps, a
dock master, concessions, and additional
parking.
These new and expanded facilities will greatly
improve public boater access to and on the
Intracoastal; however, supply / dem.1nd relationships
consistently change. Given the County's projected
growth over time, additional facilities will ultimately
he necessary to maintain quality puhlic access
commensurate with public expectations.
Another consickration particular to public marinas is
the co-location of nurine industrial uses with tnese
facilities. \'{'ith a blend of marine-oriented uses,
marine-related districts can emerge where gl)ods,
services, infrastructure, and specialty equipment can
be shared, producing l'ftidl'ncil's and cost-savings.
Co-location of these facilities also produces
synergistic use patterns, thereby reducing tr,1\'e\ times
bet:\J,;een uses and oemand on the rO:1dw.l)' net.work.
Finall\' there are design considerations for public
nhHin~'s, and particularly dry storage facilities that can
impro\'e t.heir relati()nship to neighboring uses.
Traditional architecture, genuine materials, building
articulation, :Ind imrro\'ed landscaping are design
fl'.ltures and methods th<lt can reduce the \'isual
impact of dry storage facilities, making them better
T C S T R I'. ( ; I () :-.: .\ I. P I. ,\ :'0.) :-.: i'.. ( ; C () L" :-.: (" I I.
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I R S t L u C I e i\f a I' t i n P ,1 1 m B e a c h
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DRAFT :=i~)
PROTECTION OF NATURAL RESOURCES
~
th~ Nation,ll Estuarv Program because of its diverse
. <-
natural resources, which are well-represented in the
Palm Beach County portion of the lagoon. Extensive
seagrass beds in the shallow waters and tidal swamp
forests dominated by mangroves along the shoreline
contribute to the lagoon serving as a major spawning
and nursery ground for fish and marine life.
Loxahatchee River
cf.)
The IC\\' extends less than a mile through the
Loxahatchee River near the Jupiter Inlet. The main
branch of the Loxahatchee River is the Northwest
Fork, which is joined by the Southwest Fork and the
North Fork before emptying into the Atlalltic Ocean
through the Jupiter In]et. A portion of the Northwest
Fork of the Loxahatchee River upstream from the
ICW is designated as a National \'('ild and Scenic
River because of its outstanding natural qualities.
However, the lC\'\I does pass through the
Loxahatchce River - Lake \',,'orth Creek i\(ILJatic
Preserve where it exits the Loxahatchee River to the
sou tho Estuarine natural communities in this area
include mangroves along the shoreline with
submerged resources including tidal flats, seagrass
beds and oyster bars.
Lake Worth Lagoon
The IC\\' passes through Lake \'\!orth Lagoon, a 20-
mile long estuary separating the barrier island from
the mainland. This estuary is located centrally along
the cast coast of Palm Beach County. Similar to the
Indian River Lagoon, Lake Worth Lagoon has
important natural communities, including seagrass
beds ,1l1d m,lI1grove forests, which support a variety
of fish and wildlife. This estuary is equally important
for providing recreational opportunities ~ll1d is vital
to commcrce and maintaining the cconomy of the
marine industries in Palm Beach County.
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In predevelopmenr condi tions in the early 1 Hilt Is,
Lake \,\'orth was primarily a freshwattr system
without permanent connections to the ocean (Dames
~~)
, O.naJ~ R<>.. Rd,
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As pictured in the map above. the ICW in Palm Beach County
traverses three distinct natural waterboies. including the Indian
River Lagoon. Loxahatchee River. and Lake Worth Lagoon.
and Moore et a1. 1990). The first major change to the
syswm was in 1877 with the construction of an inlet,
which changed I.akt \'';''orth into ,"\ brackish water
lagoon system. During the 18905 a navigation channel
was dredged from the north end of Lake \Xforth
}
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v e r S t
R I.~ (; () ~ :\ I. P I. .-\ N N
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Palm Beach
DRAFT
71
PROTECTION or. NATURAL RESOURCES
(
'-
The Atlantic Intracoastal \'(Interway is a navigational
channel. that was cut through the major estuarine
\vatcrbodlcs located in eastern Palm Beach County,
In Palm Beach County, the Intracoastal runs for about
1,5 miles through the Indian River Lagoon, less than
a mile through the r .oxahatchee River, and about :20
miles through Lake \'\'orth Lagoon. The IC\XI was
completed from the south end of the Lake \'(.Forth
Lagoon to Biscayne Bay in the e.lrly 1900s, Peanut
bland, as well as other spoil islands, \.vas created from
spoil dredged from the inlets and waterway.
~
The majority of the natural systems associated with
the IC\Xf in Palm Beach County are contained in the
Indian River Lagoon, Loxahatchee River, and Lake
\X1orth Lagoon. These waterbodies support important
natural communities, including seagrass beds and
mangrove forests, \.vhich serve as a major spawning
and nursery area for tish and marine life, The Lake
\Vorth Lagoon l\r'lan.lgement Plan Re\,ision is the
most comprehensive program addressing water
quality, habitat and species issues relevant to the IC\V
in Palm Beach County. Goals of this plan focus on
improving water quality, decreasing the amount of
suspended material, and habitat restoration,
enhancement, and monitoring. The plan identifies a
number of specific action plans to implement these
goals.
The Palm Beach County Manatee Protection Plan is
another important plan relative to use of the IC\X',
The main objectives of the plan are to implement
strategies and policies that will protect manatees and
manatee habitat, promote and increase public
awareness of manate<:s and manate<: habitat, promote
safe boating, and allow reasonable recreational and
commercial use in the coastal zon<: in a m.1nner
consistent with the protection of manatees and
manatee habitat. The plan includes l:ight priority
initiatives to provide comprehensive protection for
mana tees in local waterways,
This report nol.l'S the '\Iiami-Dade County Climate
Change r\dvisol'\' Task Force recently found there is
a very high likelihood that there will be at ll'ast a :1 to
5 feet rise in sea level during the next century. This
report recommends following the T;lsk Force's
recommendation to adopt a SO-year planning \vindow
to accommodate an anticipated rise in sea level of 1.5
feet over the next 50 years and 3 to 5 feet over the
next I nn years.
The Intracoastal Plan recommends continueo
support for the existing management plans to
improve water lluality, restore esw.lrine habitats, and
protect manatees, The report also recommends that
l\llm Beach County establish a stormwater utili ty to
assist in improving water quality, Finally, the report.
recommends support for several programs to plan for
sea level rise in Palm Beach County.
Overview of the Natural Systems
'r'he lew is a IO-foot deep, IOO-foot widt:
navigational channel that was cut through the all of
the major estuarine waterbodies located in l:astern
Palm Beach County. The IC\X/ enters Palm Beach
County frum lvlartin County to the north and passes
through the Indian River Lagoon, Loxahatchee River,
I.ake \'{forth Creek, Lake \Xiorth Lagoon, Lake Rogers,
r .ake \X'yman, and I.ake BeJC<l Raton before exiting to
Bl'Oward County in the south, Tht: majurity of the
n.uural systems associated with the ICW in Palm
Beach County are contained in the Indian River
I.agoon, I.OX.1hatchee River, and I .ake \Vorth Lagoon.
This chapter describes the existing natural systems
associated with the major waterbodies traversed by
the Ie\,\' in Palm Bl~ach County.
Indian River Lagoon
'r'he I ndian River Lagoon is .1 I56-mile long estuary
separating the barrier island from the mainland (>11
the east coast of Florida, Only the southern 1.5 miles
of this watcrbody, extending from (he 1\lartin County
line to the Jupiter inlet, lies within Palm Beach
County, The Indian River Lagoon has been
designated as an F.stuar~' ()f National Significlnce in
T I{ E\ S L: R I:. C (1 .\ S T
Indian River St
70
R L (; I ( 1 "- ,\ I. P I. ,\ :\ :\ I :"< (j C tl L' " (: I l.
I. u c i e i\1 a r t I n P a 1 m B e a c h
DRAFT
(t)
1".iIh
(~
t..)
PROTECTION OF NATURAL RESOURCES
~
J
The ICW is a navigational channel that was cut through the major estuarine waterbodies
of eastern Palm Beach County in the early 1900s. The majority of natural systems asso~
ciated with the Intracoastal are contained in the Indian River Lagoon, Loxahatchee River,
and Lake \'Vorth Lagoon, each of which is undergoing a variety of restoration and en-
hancement efforts. These waterbodies support important natural systems such as seagrass
beds and mangrove communities, which are integral for the spawning of and nurseries
for fish and marine life. In addition, these areas contain manatees and manatee habitat,
which represent environmental priorities for Palm Beach County and the state. The IC\'V
Plan supports the continued implementation of on-going projects and programs to re-
store and enhance these natural systems. In addition, the Plan addresses the issue of
stormwater management and introduces concepts for improved stormwater treatment
related to the Intracoastal. Finally, the effects of sea level rise are evaluated as they rdate
to the IC\'q, and a series of strategies are presented to address this issue along the water-
,",va y.
"
T R E ,\ S l: R E C () ,\ S T
Indian Riv<:r St
R I-: (; I () ;\i ,\ I. P L ,\ N N
LUCIe ;-"Cartin
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Palm Beach
69
DRAFT
Pu BLIC ACCESS
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()!'\ DRAFT
8
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Pu HLIe ACCESS
~
synergistic uses and reduce vehicle miles traveled.
'-'"
Improve and Enhance Mooring Fields Adjacent to the Intracoastal
. .
. .
. . Develop a map and invcntory of anchoragc activity along the Intracoastal.
. Continue to evaluate establishment of designated anchorage in conjunction with marina renova,:
tions at Phil Foster Park.
. Expand access to pump-out and other facilities with mobile services that can" occur on-wat~r.
Improve Inlet~in~racoa~tal Coordination for D.redging, Maintenance, Permitting, and Funding
. Identify maintenance and enhancement projects within five-: and ten-year windows to derive op-
. portunlti~s for efficiencies ~d economies of scale among inlet and Intracoastal operations.
. Coordinate permitting and funding applications to crcatc Count:y~wide (or regional) approach to
. permitting and funding agencies. .
Enhance Access and Amenities for Non-Motorized Use of the Intracoastal and its Environs
.
Inventory c~noe and kayak launch locations, destinations, and paddling trails and determine ap-
propriate locations for nelV" launch locations.
Maximizc thc potential of different uscrs to the ICW including non-motorizcd and wad.ing, fish-
ing, swimming, snorkeling users by co-locating appropriate facilities at public access pain is.
Assist with public awareness programs for water safety to reduce conflicts between types of veS-
sels,and users in the waterway.
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.
.
"
T R I:. ,\ S [1 R L:. C (l i\ S T
Indi.ln River St
R E c; I 0 :--: .-\ I. P L .-\ :-,; :-..:
r. LI C I e i'vf art I n
I Nee () p :-..: c: [ L
Palm Beach
DRAFT
67
Pu BUC ACCESS
(iJ
.
Develop model comprehensive plan policies and land development regulations for street-end
park programs.
Encourage Expanded Public Access Via Riverwalks and Intracoastal Bridges
.
Work with FDOT to ma.'\{imize functionality and accessibility for the public below bridges.
Identify locations of integrated riverwalk. networks.
Develop model compreh~nsive plan pojicies to prioritize public access in conjunction with bridge
renovation or replacement.
Create minimum design standards for safe human-scale, pedestrian and angler-friendly designs,
and furnishings to accompany bridge renovation or replacement.
.
.
.
Support Establishment and Expansion of Greenways, Trails, and Blueways
',~sa
1.Q7
.
Connect Iew to greenways with urban and natural trail segments.
Improve knowledge of paddling launch locations, paddling trails, and desirable paddling loca-
tions.
Continue working with organizations to create and promote grcenways, trails, and blucways.
Help establish public/private blueways users group, with public agencies, private suppliers, non-
profits, and interested parties to further develop knowledge base, establish user network, and cre-
ate advocacy coalition for creation and expansion of paddling facilities.
Market the grecnways and blueways as an interconnected system with interesting destinations.
Create identity and consistent signage for greenways, trails, and blueways with cross-referencing
between facilities and destinations.
Explore creation of formal portage facilities on canal spillways and other impeding structures.
Encourage canoers and kayakers to explore areas not accessible by motorized vehicles and to
eco- tourism.
l\laximize interconnections between the East Coast Greenway and the Intracoastal \'<faterway that
provide users clear water views, lookouts, and resting stops along the water's edge.
.
.
.
.
.
.
.
.
Continue to Protect, Maintain, and Expand Public Marinas and Boat Ramps
.
Create and expand hoat ramp and public marina facilities with associated parking and amenities.
Increase efficiency of boat ramps by adding staging docks at existing and planned facilities for
in-water vessels to reduce demand on ramps.
Discourage the displacement of boat ramps and convcrsion of public marinas to other non-
public use.
Design the boat ramps to minimize impacts with surrounding communities, particularly with re-
gards to overflow parking and traffic circulation patterns.
Provide angler f,acilities such as fish-cleaning tables, fishing line disposal, recycling, restrooms,
and other appropriate facilities at boat ramps and in puhlic marinas,
Encourage development of marine districts, around public marinas where appropriate, to expand
.
.
.
.
~ 1
'. ....:11
T R I,: .\ S I; R ", C () .\ S T
Indian RiVl'1" St
R E c; I () :--. ,\ I. P I. ,\ ~ :-..;
I. Ll C 1 c J\f .\ r tin
N C; C: () I: :--. C I I.
Palm l3each
(d)
DRAFT
Pu BLIC ACCESS
""
I
......."
.
KEy FINDINGS AND RECOMMENDATIONS
Public access has many forms in: Palm Beach County, and there are many different types of users. The
. creauon and expansion of larger-scale facilities, such as public marinas and larger natural and active park
and rct'reational use's, are most appropriate for Palm Beach County; however, there are significant op-
portunities for muni~ipalities to purs~e and enhance public access. While some facilities are capital io-
tensive,others, like greenways and street-end parks, entail minimal capi~'ll costs and can be advanced with
re~latory incentive~ and progressive policy approaches. Beloware the recommended approaches by
_ .. __ _ _" _..,.... _ ':. .'. .... _.- ~'r .~.... -_.~ -- .'. 'C' ~ '" ,-~. ~ ~._-- .--.,. . -.---" ....-- - ~-' - ~',' ..-
, which public acc~ss ~an ~e created and expanded in P~m Beach County.". .
Protect and Enhance Public Access to the Intracoastal for All Users
. .
8
~
MaximiZe public access t.o the Intracoastal. within puplicly o~vned p~operties.
Ens~re the access is genuinely public and not closed off to any segmerit,of the population. .
Include! expand public access with land use ch~nges, development approvals; and r~gulatory in-
centives. , "
., . . , .' . ... .
. . SUPPO!t tge development and expansion of waterfront parks to enhance quality of l}fe, promote
;. tourism, and fut:ther economic development. .
Enc<?~iage local governments to require minimum public access with development or redevel-
opment of waterfront propertic:s, for dedication of land or public access casement prior to site
plan approval or: mitigate wi!h c~mparable (or better) access via commonly-owned lands.
. . Consider density bonuses or other entitlements in exchange for expanded public access.
Encourage local governments to adopt "no net loss" policies to protect working waterfront:
.
.
.
.
1
--'
.
. . .
Encourage S~st~inable Development Patterns t~ Supp~rt Park and Recre~tional Facilities
. .
.
Utilize proper building placement and mb: of use::s to c[e::ate safe parks with proper transitions
bet\Veen uses and natural surveillance ("eyes on the park"). .
Encourage local governments to adopt specialty zoning provisions adjacent to waterfront parks
and street rights-of-way that terminate at the water such that buildings front said adjacent non-
residential uses.
.
Encourage Developm'ent and Maintenance of Street-End Parks
.
Identify the public rights-of-way that terminate at the shoreline.
Encourage local governments to adopt policies to prohibit the abandonment of waterfront rights-
of-way.
Consider adoption of special land development re6rulations to require neighboring homes and
uses front these parks where possible.
Encourage partnerships between local governments and neighborhood or homeowners' associ-
ations that include thtse street-end park opportunities for tinancial assistance to develop the parks
and provide regular maintenance.
.
.
.
"
.~
IU
......
T It E ..\ S (: R E C () .\ S T
Indian River St
It E (; I () ~ .-\ I. P I. ,\ :--; :--;
r. 11 ell: ivf art I n
Nee () u ;0...: C I I.
Palm Beach
DRAFT
()5
PUBLIC ACCESS
(~
I".,}
~
Waterfront public access can be enhanced with architecturally
significant structures, such as the public boathouse illustrated
above, which provides shaded seating on its upper level with
storage for small. non-motorized watercraft within its lower
level.
r)
Steps to the water would invite anglers, swimmers, and pad-
dlers into the water, such as those illustrated in the conceptual
street-end park above.
. '~
~. .? If''
~ .'
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Sandy shorelines. such as the sailing club image above. can
also provide safe access for Intracoastal users.
T R E ,\ S L R E C ( ) .\ S T R E (; ( ) ~ ,\ I. P I. .\ :-..; :-... ~ (; C () L' :-.: (. I I.
I n d 1 a n R I V t: r S l. LI C I e i\1 .1 r r I 11 P a I m B e a c h
M DRAFT
Pu RUC ACCESS
.
explored in Chapter Vll (Expand Recreational
Opportunities and Eco-Tourism).
Access
~
Larger motori7.ed vessels and sailboats require boat
ramps or marina infrastructure to access the
Intracoastal. High capital, operating, and
maintenance costs for these vessels and their access
points limit their availability to the general population.
However, a low-slope s,lndy shoreline is all that is
needed for canoes and kayaks, and people wading,
swimming, snorkeling, and fishing to access the
wate1'\\'ay. Canoe and kayak launches and walk-in
access to the water costs less than facilities for
motorized vessels. Although parking is required, it
can occur on roadway shoulders or within multi-use
parks. Other infrastructure costs for this form of
access are also lower. A gentle sandy slope or steps
into the water can easily be co-located with other
facilities at public marinas, waterfront parks, and
existing publicly-owned land that is not currently
utilized for park space. Numerous alternative
locations for smaller non-motori7.ed access can relieve
congestion and t.raffic at boat ramps.
\X!hen designing facilities for
tbese users, care should be taken
to ensure facilities and
infrastruct11re arc appropri:He in
scale and com fort. Low slopes,
trails, or formal steps dmvn to
the water can be created and
appear as amenity features,
depending on their settings. The
images in this section illustrate
typical means of access for these
less-intensive users.
("~
iI
J
With simple signage (example to left) and fairly limited parking,
a sandy shoreline serves as a safe and highly functional ,
canoe! kayak launch, such as Sawfish Bay Park in Jupiter. '-"
which is pictured below. The park also includes a riverwalk,
fishing access, and seating areas.
)
....
T R F ,\ S L' R E C U A S T
Indian River S
R E (; (l ~
LUCIe
,\ I.. P L :\ :-; N
~I art 1 n
N (i C 0 l.: N elL
Palm Beach
DRAFT
63
Pu BUC ACCESS
y
moorings with amenities, reduce environmental
contaminants by encouraging regular bilge pump-outs
and permanent buoy placement, and reducing the
incidence of derelict vessels. Permanent moorings
also provide secure anchorage in times of high winds
or hurricane, as these events tend to cause anchor-
Jragging, often through environmentally sensitive
bottom-lands.
~
Formalized mooring fields are typically overseen by
an on-site harbor master who provides assistance to
patrons, ensures ref:,rular pump-out of vessels, and
manages the facility. Harbor masters provide an
interface with law enforcement and environmental
agencies for identification and removal of derelict
vessels and other interventions when necessary.
Designated anchorages exist in Stuart and Fort Pierce.
Low Jaily, weekly, or monthly fees help regulate use
at the fields, and some local governments limit the
amount of time to discourage perm,111ent residence
and prohibit unregulated mooring. Fees cover services
and amenities such as showers and lockers. Goods
and fuclmay also be offered, and dinghy docks with
surveillance are standard components.
Waterway Maintenance and Enhancement
The IC\'V was originally constructed as a transit route
th,lt moved both freight and people. It is still used to
move freight mostly to the Atlantic Ocean through
the I.ake Worth Inlet. Shipping freight is administered
by the Port of Palm Beach in Riviera Beach.
There are four inlets allowing access to the Atlantic
Ocean: Jupiter, Lake \'>;forth, Boynton Beach, and
Boca Raton. Each inlet has different management
approaches and geography (c.g., inlet width, water
(kpth, neighboring uses, users). Fur example, the
Jupiter Inlet serves more recreational vessels with a
narrow, fast-moving water tlow. i\bny recreational
boaters utjlj;;~e the surrounding inbnd waters and
landmasses for swimming, fishing, and relaxing. On
the other hand, Lake \'('orth I nlet is wide, deep, and
is utilized by international shipping lines with
intern,ltional companies and marine industries nearby,
(J
The four inlets are administered by three different
entities, the Jupiter Inland Navigational District; Palm
Beach County covering Lake Worth Inlet and
Boynton Beach Inlet; and the City of Boca Raton.
These management entities should coordinate
projects with each other and FIND that benefit
individual operations and provide efticiencies and
economies of scale. Creating a coordinated effort for
the four inlets will create more political intluence
when applying for funding and permitting various
projects. In addition, costs and resources could be
shared more effectively between the districts. ()f
special note is the recommendation for "lvlegayacht
lvlile" ne,u the I ,ake \X1orth inlet in Riviera Beach ,lnd
its associated inlet and channel deepening needs.
\,(!hile this concept and related projects are more fully
described in Chapter IX Economics of the
Intracoastal, it nonetheless represents a sample
project which would benefit from enhanced
coordination amongst these entities.
Smaller, Non-Motorized Vessels (Rowers and
Paddlers) and People
:\ surprisingly strong theme articulated by charrette
participants \vas the desire to develop and enhance
canoe/kayak activity in and along the Intracoastal,
particularly for recreational and eco-tourism
purposes. It is difficult to determine statistics for
these smaller, non-motorized vessels and anglers, as
()'wners of these vessels are not required to register
their vessels, and not all anglers obtain fishing
licenses. One can infer growth and popularity of
paddling and tishing by the number of businesses,
related industries, amI interests in various
organizations such as the \'(.'est Palm Beach Fishing
Club and the Palm Beach Pack & Paddle Club. {\lso,
state and national trends seem to indicate heightened
a'.vareness and enthusiasm for the natura] recreational
opportunities offered by human p()\\,er versus tilssil
fuels. Two core issues related to smaller, non-
motorized vessels are discussed in this sectil )n: ;lCcess
and safety. ()ther ,1Spc.:cts of this topic are further
T R E ,\ S L: R E C () .\ S T
Indi:tn River S
R E ( . I ( 1 :"\ ,\ I. P I. .\ :"\ :"\ ;-..i c; C () l! :"\ C I I.
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I. u C I e ~.I a r t I n p a I In B e a c h
DRAFT
()2
PUBLIC ACCESS
'"'\
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.
.' '~'''-r;-rn ~ . '<~
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This map indicates the general areas where unregulated moorings tend to occur in the lew
')
;- ~ .-;
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T R I.: .\ S {: R E C U .\ S T R E (; () i'\ :\ L P I. ,\ i'\ i'\
I 11 d 1 a n R i v c r S L u c i e i\f a r t I n
DRAFT
N (; C () l.l :-..; C 1 I.
P a I m B c a c h
61
Pu BLIC ACCESS
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Boat dry storage facilities, such as the one illustrated above.
can be designed with simple architectural details to make the
facility more attractive and better complement adjacent archi-
tecture,
neighbors aesthetically and tinancially with regards to
taxable value.
(~.
Mooring Fields
Mooring fields or "anchorages" are areas where
vessels can be secured with anchors or buoys. Often,
boaters secure typically hlrger or deeper-draft vessels
(sailboats as well as motorcraft) in anchorage are,lS
and utilize dinghies to access activities on. shore.
Unregulated anchorages occur naturally in shallow,
sheltered shoulders, outside active channels. In
addition, formalized, designated anchorages can be
established in these or other locations and operated
in conjunction with a marina or harbormastcr.
ivlooring fields provide attractive alternatives to ,vet
or dry slip space, attracting many boaters who like the
community feel or lower cost of these facilities versus
upland settings.
At the time of this report, there were four informal
l11ol)\'ing fields in Palm Beach County, including
Nmth Palm Beach, north of Munyon Island at the
northern l'nd of the J ..lke \,\'orth I.aguon; Ri,-il'ra
I, l
__tJ
Beach near Phil Foster Park and surrounding Peanut
Islano; ano \\-'est Palm Beach south of the Lake
Worth Inlet. These locations are identified in
"Unregulated ~Ioorings" map on the following p.lge,
i\looring tields are inexpensive for users and can
provide temporary .lnchorage for transient boaters or
long-term storage for residents. However,
unregulated mooring can damage or threaten sea
grasses, oyster beds, and other marine life. The lack
of pump-out for sewage from these vessels creates a
major problem for the health of the waterway and
can threaten humans. Furthermore, vessels in
unregulated moorings are often not properly
maintained and serviced, producing a concentration
of leaky bilges and gas tanks. Unregulated mooring
fields can also develop a concentration of derdict
vessels, posing environmental and navigational
hazards along the waterway. Regulatory agencies and
non-profit organizations such as I,agounkeepers.org
inventory derelict vessels and organize their removal;
however, prevention of these vessels through
management is a more efficient solution,
Charrette partlClpants indicated a desire for
formalized mooring ticlcls along the Intracoastal,
particularly to provide better quality but low-cost
, ',:k1ti. ".... ~:.'i. .
:;J'"8' f j
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In this photo of the unregulated anchorage north of Peanut Is-
land in Riviera Beach, several moored vessels are apparent
in the foreground, including a rusting vessel that appears to
be inoperable on the left.
T I{ E .\ S L: I{ F
Indian Ri
6(\
c: (1 .\ S T
vcr S
R E C; () ~ .\ 1. P I. .\ ~ :--;
I. u C 1 e i\1 .l l' tIn
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Palm Beach
DRAFT
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PROTECTION OF NATURAL RESOURCES
Lagoon to the Jupiter lnlct. This rl::sulted in increased
freshwater flows to the north end of the lagO()(1. The
ICW was completed from the south I.~nel of Lake
Worth I.agoon to Biscayne Bay in the early 1900s.
Today the ICW' runs the entire length uf the lagoon.
In 1915 the Port of Palm Beach dredged the Lake
Worth Inlet to 4 feet deep near the City of Riviera
Beach. In 1925 the inlet ",'as deepened to 16 feet. This
inlet is now 400 feet wiele and 35 feet deep. In 1917
the South Lake \X'orth I nlet was created near Boynton
Beach to improve tidal circulation and pnwide
tlushing to the south end of the lagoon. This inlet is
now 200 feet wide .md 6 feet deep. Peanut Island
along with other spoil islands were created from spoil
dredged from the inlets and IC\\::
The construction of the Earman River (C-1 7 Canal),
\Xfest Palm Beach Canal (C-51 Canal) and Boynton
Canal (C-16 Canal) resulted in additional freshwater
tlow into Lake Worth Lagoon. Along with the
construction of these canals, the groundwater was
lowered in the lands adjacent to and west of the
lagoon. This allowed urbanizatieJ11 of the basins
draining into the lagoon, which has altered the timing
of swrm\.vater tlow into the estuary and caused more
pollutants to enter the system.
Along with urbanization in the 1900s, most of the
natural shoreline of Lake \'\forth has been alten:d by
dredge and till activities. At present, approximately H I
percent of the lagoon's shoreline is bulkheaded and
only about 278 acres of mangroves remain along the
shoreline. In addition, the Riviera Beach rower Plant
discharges warm water into the lagoon. The W.lrl11
water discharge point, just south of the Lake W'orth
lnkt, is une of the major attractants uf manatees un
the east coast of Florida. Heavy boat traftic in t.he
coastal watt'f\.vay threatens this endangered species.
Major Environmental Issues
Each of the waterbodil:s dl:scribed above share a
number of key elwironmental issues. Foremost
among the factors impacting the le\X! and adjacent
wat.er bodies is the quality and ,-!uantity of water
entering the estuaries. Stormwater runoff has a major
detrimental impact. The runoff cuntains heavy metals
and hydrocarbons from roadways as well as fertilizers,
herbicides, anel pesticides from developed areas.
Discharge from sewage treatment plants, leakage
from faulty septic tanks, and sewage from boats h.1\'<:
alst) added excess nutrients and pol1utants to the
estuaries.
Dredging is another major environmental issue
because it can directly or indirectly impact estuarine
natural communities. Dredging is needed to create,
improve and maintain channels and docking facilities.
However, dredging activities need to be carefully
designed in terms of the source and deposition areas,
the composition of the dredged materi.ll, and the
construction technique to avoid adverse
environmental impacts. Dredge and fill activities have
the potential to eliminate littoral vegetation and
mangroves from the shoreline. This may lead to
erosion and all poUuted runoff to enter the estuaries
directly from waterfront property. The removal of
seagrasses and mangroves by dredge and fill
operations has contributed to degmdation of a variety
of estuarine resources, including fish ami wildlife.
Also, dredging may .lllow increased bo,lting activity,
which may contribute to a higher mortality rate in
mana tees.
Management Plans
Management plans to protect and restore natuml
systems have been developed fur each of the major
waterbodies described above. For example, the Indian
River Llgoon National Estuary Program recently
reblsed the I ndian River I .agoon Comprehensi\"\~
Conservation and ;\hnagl:ment Plan Update 2008;
the South Florida \X'ater J\1an.lgement District
developed the Restoration Pbn for thl:: Loxahatchee
T It I:. .\ SUit I:. c: () ,\ S T
ndian River St
R E ( ; ( ) N .\ L P I. ,\ :-.. ~ N (; C 0 I.: " <.: I I,
I. II C 1 e M a r t 1 11 P a I 111 B e a c h
DRAFT
72
(~
The Lake Worth Lagoon Management Plan was revised in
2008.
(&)
River in 2006; the South Florida W'ater J\lanagemel1t
District and thl: Florida Dl:partml:nt of
Environmental Protl:ction are currently \VOrkin(T to
update the Loxahatchee River Natio~al \Xiild ~nd
Scenic River Management Plan, which was last
updated in 2000; and Palm Beach Countv and the
Florida Department of Environmental l;rotection
recently released the Lake \'\-'orth Lagoon
Management Plan Revision in 2008. In addition to
thesc' plans targeting waterb( ldies, Palm Beach County
recently .ldopted the Palm Bc:ach County ~1an:lte~
Protection Plan in 2006, which is specitically desi!-,'11ed
to protect m:lnatl:l:s. These last two plans an:
discussed in more detail below because ther are most
rek'vant to the IC\'\' in Palm Beach Count;'.
Lake Worth Lagoon Management Plan Revision
1 n 1 <)<)7 the FD 1 ~P and Palm Beach Cl lUl1tv formed
~l partnership to ClH'p0l1S0r a consensus'-hllildin~
process designed tlJ enhance and protect the Lak~
;1,
.....11
T R I'. ,\ S L R I:
Indian Ri
c () .\ S T
\' <.: r S t
R I.'. c; (l:-':.\ I. P I. ,\ l\: ~
I. 1I C 1 e :\.1 art i n
:-.: C; C (I I.' N C I I.
Palm Bl::lch
DRAFT
PROTECTION OF NATURAL RESOURCES
\'(!orth LlgoOl1. This partnership result\.~d in the
development of the Lake \Xionh Lagoon
J\lanagenwl1t Plan in 1998. This plan was revised in
2lJlJ8 (Palm Beach County & FDF~P 2(08). '1'he
mission and goals of the plan are: "To restore,
conserv\: and manage the Lake \X"orth Lagoon
ecosystem to a level of lluality to obtain measurable
and signiticant improvements to the Lagoon's water
and sediment quality; to provide habitat for native
plants, tish and wildlife, and aesthetic, recreational and
economic benetits for the residents and visitors of
Palm Beach County; and to encourage, develop and
pnlmote a partnership of public and private interests
to manage the lagoon."
The revised management plan is divided into the tive
broad areas to identify specitic goals ancl objectivl:s
for restoring the lagoon, including: water and
sediment quality program; habitat restoration
enhancement and monitoring program; public use
and outreach IJrogram; intera(,enc\' plannin<r and
~. b ~ b
cO(lrdination; and fundin<r. The revised man~wement
b ~
plan presents a comprehensive series of actions to
assist with the implementation of the management
plan. The following discussion focuses primarily on
water and sccliml:nt quality and habitat protection
sections of the plan.
Major Accomplishments and Challenges
In the nine ye.1rs since its completion of the Lake
\Vorth Lagoon Management Plan, many tangible
components of the plan have bl:en irnplementl:cI.
Signiticant progress has been made through
stormwater treatment .1I1d habitat restoration projects.
Through the Lake Worth Lagoon Partnership Grant
(I.WI.PC;) a total of 37 projects have been funck-d.
i\mong those projects, 27 havl" been cmnpletcd and
the remaining pwjects ~lre in various stages of
impleml"ntati(Jn. l\venn'-t\vO stormwater treatment
. .
projects han: Ix~el1 implemented within the L\X'L
w;Hl:rsh\:d treating morl" than 1 ,iOll .lcres of runoff
that previously discharged directly to the L\\'L. The
LIse or- pollution contrul devices, sturrn\\'ater ponds,
7.)
/....
PROTECTION OF NATURAL RESOURCES
C::;
wctland treatment, and treatment swales has
signiticantly reduced the amount of nutrients,
sediments, and heavy metals entering the lagoon. A
pollutant loading reduction study (PBCERM 2004.1)
was performed on six rcpresentative stormwater and
septic retrotit projects in L\X!L. Based on the data,
loading reduct.ions were extrapolat.ed to all
stormwater and septic retrotit projects. It appears that
substantial amounts of suspended solids and
nutricnts are being removed through innovativc
treatment technologies. Preliminary results indicate
the rcmoval of 1.6 million lbs of total suspended
solids per year; 36,OOn Ibs of nitrogen per year; and
(i,OOn lbs of phosphorus per year.
/-
In addition to the stormwater projects discussed
above, 12 habitat enhancement and restoration
projects have been implemented with LWLPG funds,
Two scptic to sewcr projects have been completed to
reduce septic loading to the L\V'L. The grant program
has also funded one marina pump-out station. This
project benetits the lagoon by reducing the
occurrence of overboard discharges from vessel
holding tanks.
(~..""
.......;11
r\lthough the aforementioned projects have been
developed through the L\V'J ,PG in cooperation with
15 agencies and municipal partners, several projects
were also implemented by PBCERM using other
funding sources. Combined with the grant fllnded
pre ljects, approximately 184 acres of habitat has been
created or restored in the L\'{.'L: 67 acres of
rnangroves, 64 acres of potential submerged aquatic
vegetation (SAV), 14 acres of artificial reef, and 39
acrl'S of maritime hammock. Some of the most
successful restoration projects are listed below:
The 1\1 unyon Island resturation project
removed 35 acres of exotic vegetation,
created 20 acres of m.lngrove habitat and
restored 25 acres of maritime hammock.
/
.
The Peanut Island cnhancemcnt project
rcmoved over (,U acres of exotic \'egetation,
.r.
_..:I
THE ,\ S [' R I,: C (I ..\ S T
Indian River St
74
and excavated the sand spoils to
crcate/ restore upland and wetland habitats:
4.5 acres of tidal channels and ponds, 1.3
acres shallow-water reef and 3,n acres of
mangroves. Created upland habitats include
7.1 acres of maritime hammock, 8 acres of
beach dune and 4 acres of coastal strand
habitat. Over 125, 000 nativc plants have been
planted to enh.1nce the island.
.
The Ocean Ridge Natural Area restoration
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Lake
Okeechobee
I. oS'llll1fchu \,l.'
Clil"
lake Okeechobee and
local rainfall once drove ~
slow-moving sheet !
tlOlN througn the
Everglades.
u.J
\:Ji
o
This central area was
underlain by peat and
nearly always flooded.~
BIG
C>'PIi
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trio
C('
HISTORIC
FRESHWATER
EVERGLADES
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The map above illustrates natural flow patterns through south-
east Florida (from USGS Circular 1182 "Florida Everglades. ,.
http://sofia. usgs. gov/publications/circular/1182/.
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I. u C I e 1\1 ~l r tIn
DRAFT
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P a I 111
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B e a c h
PROTECTION OF NATURAL RESOURCES
(ft)
project removed 5.n acres ot exotic
vegetation, restored and crcated 7.0 acres of
mangrove wetlands, 0.6 acres of tidal
ditches/ponds for SAV habitat, :lnd n.R acres
of transitional/ coastal strand uplands.
.
The Snook Island project added good quality
wetland habitlt (mangroves, oyster reefs, and
seagrass recruitment areas) to the central part
of the L\'\T.. Four mangrove islands and three
shoreline mangrove planters were constructed
resulting in 10.1 acres of red mangrove
habitat, 2.8 acres of spartina marsh, and 2.3
acres of oyster reefs, Approximately 57 acres
of submerged habitat suitable for seagrass
recruitment has been created.
.
The John's Island restoration project included
the restoration of approximately 1.7 acres of
existing mangroves, the creation of
approximately 3.3 acres of red mangroves,
and the enhancement of approximately 1.4
acres of maritime hammock.
A....!...
V
.
The C-51 Sedimentl\lanagement project
removed over 1 () 1,000 cubic yards of muck
deposits up to 2()' tick from the bottom of the
C-51 canal before it reached the lagoon. An
estimated 480 tons of nitrogen and 52 tons
of phosphorus were removed from the
system. The project included the creation of
a sediment trap upstream of the S-155
structure to reduce future sediment loads to
the L\VL.
Problems and Issues Mfccting the Lake Worth
Lagoon
)
Even with the success of the pwjects discussl'cl
,1bllve, there are m,1111' challenges still facing the
lagoon. Population in Palm Beach County (PEe) has
climlx;d approximately .~(lU:~, since 199fJ and is
cxpl'cted t() reach 1.8 million by 2030 (Smith 20(2).
The population inCrl',lSeS wil11ikdy furrhl'r habitat
loss, fishing and boating pressure from both
recreational and commercial demands. 1 ~fforts to
Improve water quality in the L\,\-'L while
accommochtting future growth will have to he
balanced with the competing social and economic
needs of loca] communities. Another challenge facing
the lagoon is its altered hydrology and the large-scale
freshwall:r releases from regional canals. ,\]though
changes to the water management strategies for the
L\\'L arc planned as a result of the Comprehensive
Everglades Restoration Plan (CERP), their direct or
indirect effect to the health of the ecosystem is yet to
be studied. The input of contaminants ,1nd toxins
from urban and agricultural runoff, elevated loads of
nutrients and suspended and dissolved organIC
matter, are all contributing factors to the
environmental distress of this estuary. " new
approach is rccluired in the I.\'\/L. The restoration
efforts should include consideration for best current
and future uses of the lagoon, and must be supported
by clearly defined funding and sound management
strategies to implement future actions to protect and
restore natural resourceS.
Water and Sediment Quality Program
The goal of the \X',lter and Sediment quality program
in the 1998 LWLMP \-vas to reduce adverse impacts
on lagoon salinity and decrease pollutant loadings in
the system to acceptable levels. Current goals for this
program are:
Expand and impl<:ment a long term water
quality ambient monitoring program in the
L\\'1. for baseline purposes and trend
analysis.
I ncrcase focus un decreasing inputs of
suspencled materials, nutrients, and tclxic
substances from point and nonpoint sources.
.
ldcntif~' and reduce anthropogenic loadings
of fecal contaminants in the L\X! L.
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I n c I a n R i v c r S t L u c i e ~I a r t i n P a I m 13
DRAFT
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e a c h
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PROTECTION OF NATURAL RESOURCES
\'</ith the projected growth forecasted in the next JO
years in PBC, maintaining and improving water and
sediment ql\(llity will require more effort every year
in order to compens.ue for the increased pollution
associated with growth. 1\105t of the water quality
gains have been attributed to wastewater treatment
technologies, which have significantly reduced
municipal sc,"vage discharges in the lagoon. Point
sources of pollution have been greatly reduced from
the 1950s when an estimated 10 million gallons of
raw sewage was discharged in the lagoon. By early
90s, approximately 2.4 million of gallons of
secondarily treated sewage effluel,.~ were still
discharged into the LWL watershed. These former
discharges have been nearly eliminated with the
exception of two package plants, emergency se\ver
discharges, and broken sewer mains. Nonpoint
sources are now the primary source of pollution in
the LWL. A total of 381 outfalls were identified
within the lagoon in the Lake \X/orth Lagoon Natural
Resources Inventory and Enhancement Study
(PBCr~RM 1990). The various L\XT.PG' projects
implemented in the lagoon have offset to some
degree the amount of pollutant loading from these
sources, but with the drainage that the lagoon receives
from its 450 square miles watershed, the impact of
these projects cannot be fully evaluated.
i\ction plans targeted specifically to improve and
monitor the Lagoon water cluality (\'<'Q) , and to
reduce wastewater (\X'\'(-'), stormwater (S\V'), and
sediments (SE), are outlined below; Refer to the Lake
\'\/orth Lagoon ~hnagement Plan for a complete
description of each action plan.
\VQ-l Implement \X/ater Quality j\lonitoring Goals
WQ-2 Reduce the Occurrence of 1\lunicipal Sewer
overtlows
\X:'Q-3 Install,\dditional Sewage Pump-uut Facilities
for Recreational Boaters and Live-aboard Vessels
\X'Q-4 Improve Fueling and Bilge-Pumping Practices
Among Recreational Boaters
\'\-'\'\'_1 Identify Septic and 1\lunicipal \'\'astewater
THE ,\ S l; R I', C (l .\ S T
Indian River 5t
Loading to Lake \'{'orth Lagoon
\\.'W-2 Provide Additional S.ll1imry Sewer
Connections to Priority /\re.1S
S\'V'-I Reduce Discharge of Freshwater and Total
Suspended Solids
5\'\/-2 lmpkment Best Management Practices on
Golf Cnurses near the Lake Worth Lagoon
S\V-3 Identify and Increase Stormwater Retrofit
Projects
5\X-'-4 Encourage Use of lkst Management Practices
SE-I Substrate Characterization
SE-2 C-51 Basin and Lake \X;'orth Lagoon Sediment
Sourcing Study
SE-.? l\lanage Sediments in Lake \Xiorth Lagoon
Habitat Restoration
Monitoring Program
Enhancement
and
The restoration and protection of diverse habitats
within the LWL is crucial to the lagoon's health.
Goals for this program are:
· Restore, enh,ll1ce, and create seagrass beds,
oyster habitat, emergent mangrove wetlands,
coastal hammock habitat, and protective
upland buffer zones.
· Add riprap to vertical seawalls to reduce
wave-generated sediment resuspension and
provide additional hard bottom habitat.
· Construct artiticial reefs that provide juvenile,
intermediate and adult habitats rccjuired by
the life cycle of estuarine and marine
dependent fish and invertebrate species.
· 1 ~valuate the status and protect sea tllrtks,
manatees, and (>ther endangered, threatened,
and rare species, and species of special
concern using the L\\'[..
Recent studies and SlIf\'CYS performed by ERM
R E (; (I 1\ ,\ I. P I. .\ :-.; :-.;
Luclel\lartln
;\j (; C 0 l: ~ (~ 1 I.
Palm Beach
76
DRAFT
PROTECTION OF NATURAL RESOURCES
A
\4
indicate that 1,(12(1 acres of seagrass beds are
currently present within this estLl<lry. These studies
also identify appruximately 278 acres of mangroves
in the lagoon. Oyster reefs currently mappt:d or
observed within the lagoon show a small but relatively
'- -
healthy oyster population (- 5 acres). r ncrcasing and
preserving the quandty, Lluality and di\-ersity of these
communities are the long-term goals of this
management plan. The overall target within the next
five years is to restore approximately of 125 acres of
tidal marsh habitat, add a minimum of 16 acres of
oyster recf habitat, and to protect and enhance the
lagoon's existing mangrove and seagrass areas.
Artificial reefs and land acquisitions are also planned
as part of the overall restoration,
Action plans targeted specitically for Habitat
E~nhancement (HE) and Environmental Monitoring
(Ei\I) are outlined below, Refer to the Lake \V'orth
Lagoon Management Plan for a complete description
of each action plan.
()
f'IE-l Expand Oys ter Ihbitat
HE-2 Restore, Create and Protect Mangrove and
Spartina Habitats
I-IE-3 Implement the Palm Beach County
i\lanatee Protection Plan
HE-4 Develop a Seagrass Restoration Target
HE-5 I :,xpand Reef Habitats
I-IE-6 i\C(luisitiun of Submerged lands in Lake
\'(:'orth Lagoon
Ei\l-l Implement Sea Turtlci\lonitoring
Ei\I-2 Develop a Fishcry 1\lonitoring Program
E'i\l-3 Develop a Submerged ALILwtic Vegetation
(SA\!) r.lonitoring Progmm
1':]\1-4 /\Ionitor ()vster Reef Habitats
Palm Beach County Manatce Protcction Phm
,,~
'])I
In ()C!ober I C)89, the Florida Governor and Cabinet
directed thirteen coastal counties, including Palm
Beach County, to prepare a plan to protect manatees.
The Florida subspecies of the \Xlest Indian 1\lanatee
(J'riebec'IIJ 1//rtn,iI/lJ /,iliro.i/n....) is listl"cJ as federally
endangered throughout its range and is protected by
the Florida i\tan.uee Sanctuary Act of 1978, I n Palm
Beach Country, manatees are found in all accessible
freshwater, estuarine, and marine waterbodies,
although their relative abundance may vary at specific
locations and seasonally.
The main goal of the Palm Beach County [vCanatee
Protection Plan (MPP) is to protect manatees and
manatee habitat. The main objectives of the l\IPP are
to implement management strategies and policies that
will protect manatees and manatee habitat, promote
and increase public awareness of manatees and
manatee habitat, promote safe boating, and allow
reasonable recreational and commercial use in the
coastal zone in a manner consistent with the
protection of manatees and manatee habitat.
One of the important components of the MPP is the
Boat Facility Siting Plan (BFSP). The BFSP in the
plan provides four categories defining Preferred,
Conditional, Non-preferred, and Exclusionary
locations for ne\.v boat facilities \\lith more than t\VO
slips. Facilities within each category will he required
to meet certain criteria to minimize impacts of
manatees. Restrictions will be greatest in areas of
highest risk to manatees (Non-preferred and
Manatees in the Lake Worth Lagoon (Photo COUltesy of Palm
Beach County DERM)
T R I': i\ S I' R L C ( ) .\ S T R I ~ (; (l "-J ,\ L P L i\ N '" :-..: (; C ( ) [' N <: I I.
I n ( I :l n R i v e r S t r. 1I c i e :vl .1 r t I n P a I 11l B e a c h
DRAFT ,'"
, I
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.
PROTECTION OF NATURAL RESOURCES
~
'';U
Exclusionary locations) and le:lst in areas of lowest
risk (Preferred locations),
Geographic areas of particularly high abundance
include the northern portion of Lake \'(.'orth Lagoon,
Jupiter Sound, and Lake Wyman within Boca Raton.
High abundance in these areas is likely clue to the
availability of seagrass foraging h:lbitat and warm
water refuges. The warm water discharge from the
Florida Puwer and Light Riviera Plant near the Port
of Palm Beach attracts high numbers of manatees
and gre:ltly intluences the distribution of manatees in
the winter.
~
The largest single cause of mortality (39%)
documented in the County results from collisions
with watercraft. Manatees are most likely to be struck
by boats in areas where there is an overlap between
high levels of manatee abundance and boat tr:lffic.
\X'atercraft-related mortalities were highest in the
north Lake Worth Lagoon, Jupiter Sound, and the
section of ICW between Delray Be;lch and Boca
Raton,
(to
The recommendations for plan implementation
include the fullowing cight priority initiativcs to
provide comprehensive protection for manatees in
local waten.vays:
... ..
1. i\:IPP Implementation Incorporate
approved boat facility sltJng policy into
County and local Comprehensive Plans.
2. Manatee Protection Fund - A dedicated
funding source has been tstablished to
implement the goals and objectives thei\[PI~
3. Undertake a Boater Speed Zone Compliance
Study - f\ study will be conducted to
determine current levels of compliance with
boating speed zones and to identif)' times and
locations of greatest non-compliance and
reasons for nnn-c< 1111pliance.
4, Law Enforcl:mcnt - Initiate a number uf
measun:s to provide funding for stan~
~
.~
procure supplies, and increase law
enforcement presence ,ll1d efficiency on the
waterv.'ays.
5. Education and [\wareness - Develop and
initiate a number of programs designed to
raise public awareness of nunatees, including
improvements in manatee protection zone
signage, creation of additional manatee
educational kiusks and fliers, identify / utilize
additional educational material distribution
resources, and public service announcements.
6. Habitat Protection - Continue with existing
and support future programs within the
Coun ty to preserve, enhance, and restore
manatee habitat and water 'luality.
7. Collect Current Data on 1\fanatee Use and
Boating Activity Patterns on County
W'aterways - Bimonthly aerial surveys will be
conducted, as funding permits, to identify any
changes that may have occurred in the
seasonal and special distribution and relative
abundance of manatees within Palm Beach
County since the last surveys \vere conducted
in the early 1990s.
8. Adaptive Ivfanagement - The Palm Beach
County Department of Environmental
Resources Management will undertake a full
assessment of plan performance every seven
years to coincide with the rccluired Evaluation
and Appraisal Report process of amending
the County's Comprehensive Plan and, as
necessary, revIse the plan to improve
performance.
Storm\...ater Utility
[n May 2006, the Palm Beach Countv Board of
Countv Commissioners recluested the TCRPC
develop an li rb:ll1 Rech;vdopmcnt Area (D RA)
rl:developmcnt study and master plans. The study
area l:ncOmpassl~s appn ,ximatdy 25 sCluare miles west
of 1-05 in central \1,llm Beach County, including
unincorporated pans of Palm Beach County, the
T I{ E .\ ~ lJ R 1-: C ( I . \ S T R ~~ c; ( 1 ;\i . \ I. P I. .\ :'\ ~ ~ c; C u L' ~ C I I.
I d i R i S I.
n a n v e r ,.. t u C I e ~I a r t i n P a I m B e a c h
7H DRAFT
C}
~n
t.:u
Towns of Cloud Lake, Glen Ridge, Lake Clark
Shores, and Havcrhill; Village uf Palm Springs; and
portions of the Cities of \'('cst Palm Beach, Lake
Worth and G rcenacres, The Palm Beach County
UR1\ study and c()[ridur master plans are efforts to
furge a vision for urban redevelopment in central
Palm Beach Country, to illustrate obstacles and
opportunities for that redevdopment, and to provide
rccornmcndations and priorities for implcml:nting thl:
VISion.
......
.,
I
-"-'
In these images, a prototypical stormwater treatment concept
is illustrated utilizing the City-owned West Palm Beach Golf
Course, The existing condition is shown in the top left image,
A simple intervention could be the addition of an oxbow (is-
land) at the nexus of the canals to divert water flow, thereby
slowing water flow rates and allowing particulates to settle prior
to their entrance into the ICW
The study area is well west of the lC\X', but drainage
from this ,lrea can have a major effect on water quality
in the lC\'\-' and coastal estuaries, The URA study
recognized the proposed master plans for these
c()[ridors call for a denser mix of buildings fronting
these corridors than currently exists, and
intensitication of the development program \I.'ill make
it difticult to accommodate building program,
parking, and storm water management facilities all on
individual parcels.
Individually-parceled ~ll1d segregated storm water
facilities will be di ffiClllt for small pa rcels ,md much
more difticult for larger parcels that cuuld dedicate
space for both parking and storm water treatment. A
better develupment patter could be achieved by
shifting the storm watl:r treatment facilities ,1way frum
an:as that shuuld be more intensely develuped into
,Ireas where these facilities could be viewed as
,111lel1ttles,
T R I :~ ,\ S I' R E C ( ) .\ S T R I ~ (; () N ,\ 1- P 1- ,\ N N ~ (; C ( I t' :-... c I l-
I n ( i a n R i \' c- r S t L u c i c :\1 a r t i 11 P a I 111 B e a c h
DRAFT 79
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PROTECTION OF NATURAL RESOURCES
The URA study noted that the ideal scenario for
encouraging redevelopment and assuring the highest
standard for storIl1water management would be for a
master storm water drainage or utility to be
established that would provide this service on an area-
wide or regional basis. Under this scenario, the utility
would design and build a storm water treatment
system to meet the storm water retention 'and
detention requirement of targeted redevelopment
areas as well as adjacent neighborhoods needing
improved drainage service.
The system could include eXlstlllg drainage and
surface water management components that are
under utiliud, or land could be acquired to provide
new components, The utility model .llloW5 a system-
wide evaluation that would include the opportunity
to better utilize existing featun:s and tu consolidate
new treatment areas into more efficient and
rnanagcable designs that would also prodde higher
levels of trcatments.
Under this model, stnrmwater m,lIlagement facilities
would be owned, operated, maintained and mat1<lged
hy the utility. Parcels receiving benefits would he
charged a fee for scrvice similar to the model
These images present a more elaborate water quality improve-
ment with the introduction of channels into the golf course,
With careful planning, the channels could become interesting
water hazards, allowing the golf course to continue in a unique
manner while providing unparalleled environmental benefit to
the Lake Worth Lagoon.
currently used by Palm Beach County Water Utilities
in providing water and \vastewater service. The fee
would assist in amortizing any debt the drainage
district incurred in acquiring land, developing a
master system, and maintenance of the system,
There are many benefits to the utility model,
including design efficiency, better management of
storm water, better land utilization, ancillary benefits,
cost efficiencies, and improved. property values and
tax base. Perhaps the most important bendit to an
area-wide utility approach is the smart ,111d efficient
manalteml'nt of storm water for the water (Iualit\,
b 1 .
benefits that could accrue within the Lake \X"orth
Lagoon. Under the p,lfcel-by-parcd approach,
retention systems are inefficiently sized and located
and are managed by a large number of entitics none
of which have storm water m,lnagement as their first
priority. It is questiunable wh<;ther such systems arc
operatcd and mainrained properly.
One (If the h:y recommcndations of the URi\ study
'1' I{ E ,\ S U R E C tl .\ s T R E (; tl i\i , \ I. P L .\ " " N C; C () u ~ (' I I.
I 11 d i a n R l V e r S I. II C I e 1\\ ,I r t i 11 P a I m L3 e a c h
HO 0 RAFT
PROTECTION OF NATURAL RESOURCES
()
is: Within the liRA, the county should take
respomibility for storm w.Her management, and
provide such service via a mastcr storm water
drainage district administered by the Palm Beach
County Deparunent of Water Utilities. Establishment
and development of a master storm water drainage
district and system will require the cooperation of
several agencies at the county, state and federal levels.
The stormwater utility concept should be supported
as an additional mechanism for improving watcr
quality and protecting natural resources in the feW
and coastal estuaries.
Sea Level Rise
6)
Recent measurements from tidal gauges worldwide
indicate that ocean levels are currentlv risin".
" ~
J\'[easurements along the United States coast indicate
th.lt sea level has risen at a rate of about 10 to 12
inches per century, but recent measurements suggest
that sea level may rise at an ,lccelerated rate in the
future. The J\tiami-Dade County Climate Change
f\dvisory Task Force recently issued a report
indicating there is a very high likelihood that there will
be at least a 3 to 5 feet rise in sea level during the next
century. The report recommcnds that south Florida
adopt a 50 year planning window to accommodate an
anticipated rise in sea level uf 1.5 feet over the next
50 years and 3 to 5 feet over the next 100 rears.
i\S parr of an ongoing progmm evaluating global
climate change, the US. Environmental Protection
j\gency (EPA) initiated a nationwide project
promoting planning for and awareness of sea level
rise. i\S part of the I,:PA program, 'rCRPC conducted
a study of sea level rise within the region, including
Palm Beach Cuunty (TeRPe 2(05), The study
followed the general approach of other sea level rise
planning studies sponsored by the EPA, The study
used decision rules defined by a statewide approach
for identifying likelihood of land use protection to
characterize all uplands from n to [() feet in elevation
and within lOOn feet uf shoreline into the following
four general categuries: protectiun almost certain;
I .' 'f
,.1
Sea Level Risks - Florida
~~ ;1......--.
.~illo.,...-~
o 1 2 3 5 8 12 20 35 60 80
Height Above Sea Level (m)
Florida's low elevation creates vulnerability in the face of sea
level rise, expecialiyalong coastal areas.
Source: http://www.globalwarmingart.com/wiki/lmage:
Florida_Sea_Level_Risksyng
protection reasonably likely; protection unlikely; and
nu protectlon,
A total of 56,535 acres of uplands and 4,001 Kres of
wetlands were identified in the Palm Beach County
portion of the study area. The "Protection Almost
Certain" cltegory accountS fm ahout 93.n (1/(, of the
uplands in the study area in Palm Beach County. The
combination of the "Protection Almost Certain" ;lI1d
"lJrotectiun Re.lsunably Likely" categories accuunts
for 96,7 0/11 of the uplands mapped in this county. 'l'he
county has no significant concentnltions of areas
c\assitiecl as "\'{'etlancls," and there .Ire little ur no
()pportunities for the inland migration of \vttlands in
Palm lkach County.
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I n d i a n R i \' e r S r L LI C 1 e ~r a r t I n P :l I 111 B e a c h
DRAFT 8l
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,)
PROTECTION OF NATURAL RESOURCES
KEy FINDINGS AND RECOMMENDATIONS
Palm Beach County has a number of excellcnt programs in placc that arc addrcssing thc protection of
natural resources in the waterbodies.associated with the lCW. This report recommends continued support
for these programs as follows:
Improve Water and Sediment Quality
3~~ ...- ~
· . Support the Lake Worth Lagoon Management Plan Revision goals and recommerided acti?n plans
. to improving water quality and decrease the amount of suspended material in the lagoon and adjacent
waterways.
Support Habitat Restoration Enhancement and Monitoring
.. Support the Lake Worth Lagoon Management Plan Revision goals and recommended action plans
for habitat enh~cerpent and enviro~ental monitoring in the l~goon.
Support Manatee Protection
.
Support the Palm Beach County Manatee Protection PIan priority initiatives focusing on plan
implementation, mal1atee protection fU):1d, speed 7.One compliance study, law enforcement, edu.cation
~nd awareness, habitat protection, monitoring boating activity patterns, and ~daptive management.
Consider Development of Stormwater Utility
.
Support the Palm Beach County Urban Redevelopment Area Planning study recommendation for
the County to establish a stormwatet utility administered by the Palm Beach County Department
of Water Utilities.
Monitor and Plan for Sea level Rise
.
Support a program to assess the impact of sea level rise on all existing infrastructure adjacent to the
Intracoastal Waterway, including buildings, bridges, roads, docks, boat ramps, parking lots, seawalls,
and watc.:r and sc.:wer systems.
Support a program to ensure that all new buildings and infrastructure proposed adjacent to tne
Intracoastal Waterway are desib'lled to accommodate future sea level rise.
Support a program to develop and implement new building standards and floor elevations for future
development proposed adjacent to the Intracoastal Waterway.
Support a program to design all new and Llpgraded seawalls to include environmentally friendly
features to include mangroves, seagrasscs and other natural resources adjacent to areas protected
from sc.:a kvd rise.
.
.
.
THE ,\ SUR r. C () .\ S T
Indian River St
H2
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I. II C I e Tvl ,l r t 1 n P a I m B e a c h
DRAFT
.
9
)
, ."
. '
WATER-BASED TRANSPORTATION
Water-based transportation is the foundation of the IC\'V: Usage of the waterway almost exclusively
refers to some form of transportation whether it be for mowrcraft or private kayaks, the migration of
manatees, or the heavy industrial operations at the Port of Palm Beach. Public input during the charrettc
reaffirmed this with requests for incrcased and improved access via boat launch sites, development of
water transit services, development of water-dependent destinations, expansion of vessel service
amenities, further development of marine-related industries, and overall transportation corridor system
preservation. These areas of interest were underpinned with the need for environmental protection and
overall prcservation of quality of life for surrounding communities.
This chapter provides an overview of water-based transportation along the Intracoastal Waterway in
Palm Beach County, It identi fjes opportunities presented by the waterway, the users and the economics
behind those users, and the relationships the lCW has with other water-based businesses as well as the
region. The potential for water taxi service is analyzed extensively, with an overview of existing services,
conceptual operating program, and an array of existing, pending, and recommended water taxi stops in
Palm Beach County. High-speed ferry service from the Port of Palm Beach is also analyzed, and a series
of recommendations are provided regarding waterborne transportation services, functions, amI their
relationship with the upland,
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DRAFT 8~
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WATER-BASED TRANSPORTATION
Thl: lC\,{! is a mixed-lIsl: transportation corridor in
Palm Beach County llsed hy commercial and
recrcational boatcrs sailing in largc ships and small
boats as well as freight carriers operadng barges. The
entire length of the corridor extends from north of
Jacksonville sOllth to Key West, a total of 370 miles.
The portion of the lCW in Palm Beach County is 4:)
miles long. This federally-maintained waterway
provides between 7 and 15 feet of water depth;
however, ongoing dredging programs aim to kl:ep the
waterway north oflvliami at its federally authori7.ed
depth of twelve feet.
l\hintaining and preserving the lC\\;! is critical for the
future prosperity of water-based activities. It is
important that the needs of all users be balanced and
intl:grated - from recreational kayakers to water ta:'{is
to megayacht service facilities to large ships moving
cargo through the Port of Palm Beach. Key
opportunities for use of the lC\Xf include the
following:
. Develop an Expancled \\-'ater Taxi System.
\vater taxi service has the potential to improve
regional mobility, especially for special events
and weekend activities, by providing a (luality
of life enhancement for County residents and
visitors. \\'.'ater taxis could also comph.:ment
cm-going economic development activi ties,
particularly within the marina villages along the
waterW,lY, and become integrated into land-
based transit. This would enable County \vater
taxis to becume consistent with current water
taxi services across Florida which primarily
offer slow speed service focused on
entertainment ancl tourism markets,
\\'arerborne commuter service is intriguing as
a mech,1l1isl11 t.o relieve landside congestion
and pruvide new alternatives to commuters
that live and work along the IC\X'; hO\\!t'ver,
effecth'e commuter service would be more
difficult to (h:velop, given the area's linear
geography and environmental cunstraints.
Further market analysis is required to identifv
kL'Y routes and stations.
Intracoastal-based water taxi services today in Palm Beach
County, such as the vessel pictured above (operating in North
Palm Beach) or below (operating in Riviera Beach), typically
offer sightseeing cruises and, less frequently, transit access
for special waterfront events like Sun fest in West Palm Beach.
.
Develop Hieh Speed PassenR;er Ferry Service.
There is potential for ferry scrvice to travcrse
between the Palm Beach County area and
destinations such as ['t. LllIderdale, J\tiami,
Key West, and the Bahamas. The Port of
Palm Beach has provided this type of service
in the past, but high costs and low dcmand
terminated the service. i\dditiorul 111<uket
analysis should be completed to identify new
service (lPpurtunities.
.
Support Port of Palm Beach Growth. The
Port has long been the industrial hub of the
Ie\'\" in Palm Bcach County. \X'hile the Port
h.1S expansion constraints, it continues to
strive for growth opportullitil's. 1 t is critical
that the lew be developed in a \\'a~! .IS to not
infringe on Port opl'rations and growth.
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WATER-BASED TRANSPORTATION
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Imrrnve~vlega>,acht Capacity. Palm 13each
County is homc to a significant boating
industry. However, it currently struggles to
serve the largest of yachts due to waterway
depth. l\n effective dredging program could
provide the region witb sit,rnificant economic
development opportunities in this industry.
Thc development of water-dependent activity centers
throughout the corridor will be critical to the success
of the above opportunities. ~1arine villages, watersidc
services, preservation of industrial lands, ,1l1cl landside
connections will aU drive the demand for and use of
water services.
Use of the Intracoastal Waterway
r1&.
~
The lC\XI is home to a variety of commercial and
recreational users. According to the US. Army Corps
of Engineers (USACE), in 2006 the lntracoastal
carried 234,000 tons of cargo from Jacksonville to
Miami including 227,000 tons of petroleum. The
petroleum is often moved by barge on the waterway
providing service to specific industrial hubs. The
delivery of the fuel is usually to power plants along
the waterway.
Recreatioll,ll traftic is the most dominant user of tbe
le\X'!, including personal watercraft (both motorized
,lnd non-motori7.cd), water taxis, and excursion
services, along with more limited mcgayacht traffic.
Many m,lrine industries, marinas, and yacht clubs
along the waterway provide essential scrvices to these
recreational vessels. Charrette participants echoed a
wish of the marine indust.ry to broaden the IC\X"s
role in mcgayacht maintenance and servicing, coining
the term "megayacht mile" for the mile-long stretch
of upland near the Lake \,\'orth inlet. This sentiment
complements the on-going plans to expand
deepwatl:::r access in this area l1l'ar the Port of Palm
Beach to n:in force ongoing ilwestments in the
megayacht service industry.
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Currently, acn:ss of the largest of vessels is restricted
by w.lter depth. While deepwater access directly to
the Port is ,wailable, del:::pwater access to other
portions of the upland is greatly limited.
Improvements in the water infrastructure will expand
the range of \'csscls that can be served and expand
the upland area megayachts can access, strent-,rthening
the ovcrall marine industry in Palm Beach County.
Vessels currently access facilities via a route outside
the designated channel due to waterway conditions,
The user base of the Intracoastal is widely varied, including
everything from small watercraft to large freight vessels
accessing the Port of Palm Beach.
The Port of Palm Beach, the largest transport,ltion
hub along Palm Beach County's portion of the lC\X:
is home to the majority of cargo mtwing along this
corridor. Approximately four million tons of cargo
moved through the Port in :W()o. Other cargo
services are limited to infrecluent barge traftic serving
specitied customers, The Port is also home to limited
passengcr vessel operations providing gambling
excursiuns. t\lthough other passenger vessel services
have existed in the past, they are no longer operating
due to high upemting costs and limitl:d demand fm
the service.
:\lso frecluent un thc lC\'V' are the sll1,llkr motur
boats and non-motorized water craft, such as canoes
and kayaks. [n .lddition to the aesthdic beauty, fun,
and relaxation these users receive, their Lise of the
\\'aterway contributes to the economic vitality and
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WATER-BASED TRANSPORTATION
vi:1bility for wat~r-based transportation.
S~ven water taxi services were identified as on-going
in Palm Beach County.lvlnst provide leisure and
entertainment excursions as opposed to high-speed
transit services for commuters. For example, the
Palm Beach \Vater Taxi provides shuttle service to
events and attractions in Palm Beach County such as
Peanut Island, Downtown \Vest Palm Beach, and
CityPlace. Water taxis also provide access to
shopping, dining, and other entertainment venues.
The Peanut Island \'(!ater Taxi is another service
providing access to a recreational destinaticJO.
I."erry services usually provide high-speed passengr
service to more distant destinations. This
transportation option provides an alternative to the
often overcrowded airports and highways for
destinations that are accessible by boat. For example,
the Key West Express, which operates out of Ft.
l'vlyers on Florida's west coast, provides direct,
roundtrip, high-speed service to Key \'{/est from Ft.
~l)'ers and IVlarco Island, To be successful,
waterborne services must match or exceed the
services provided by land-based transportation
options. While there has been high-speed boat
passenger service from Palm Beach County to the
Bahamas in the past, this service is no longer available
due to costs and lack of demand.
Another user of the watef\....ay that must be ,lccounted
fl)r whcn considering water-based transportation is
the manatee. The presence of manatees Sl<l\VS the
speed of all watcrcraft through speed zllne
rcstrictions that can hinder thc tlow of traffic on the
waterway. This large water mammal should be
considered in planning for wata-basl'd
transportation, and maps identifying manatee zone
speed n:strictions are incluckd in this section for
reference (see Palm Beach County i\bnatee
Protection Pbn for more detail).
Finally, \vatef\vay conditions related to derelict \'esscls
should b<: noted as an impediml'nt to navigation un
the w,Herway. Typically outside the ch,lnnel,
inoperable vessels exist throughout Palm Beach
County, typically concentrated near unregulated
moorings and in shallow areas. Ownership and
removal of these vessels is difficult, rendering them
a navigational hazard as well as environmental and
aesthetic burden on the watef\vay.
Palm Beach County recently finalized its Manatee Protection
Plan, which includes identified speed zone restrictions
(highlighted in the maps above) to protect this native species.
Economic Impact of Water-Related Activities
The use of the lCW' contributes to the County's
economy both commercially and recreationally.
According to a 2006 study by FIND, there were 127
charter boat rentals and 30 Port tenants in Palm
Beach County. The economic output fur this
commercial activity totaled $503.8 i\lillion
encompassing 3,660 jubs with total personal jncom~s
equal to $161.9 j\lillion. In addition to these job
activities are the many dimensions of recreational
boating activity. Palm Beach County has more than
38,000 registered boats, generating approximately
605,000 boating trips ycarly. For 2006, FIND
estimated the County's economic output for
recreatiunal activity to be S 1.42 Billion, including
12,51ll jobs wi th total personal income of 5512
million. Overall, FIND's data indicates the leW
yields nearly 52 Billion in total economic output for
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WATER-BASED TRANSPORTATION
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Palm Beach County, with [(l,SOS jobs generating $68R
i\Iillioll in person,ll income attributed to waterborne
activity This ecunomic data speaks to the importance
of this transportation corridor and to the need to
keep it maintained. These and other economic
analyses are comprehensivc:ly detailed in Chapter IX,
Economics uf the Intracoastal, located later in this
report.
Impacts of Landside Infrastructure
tt)
The make-up of the communities bordering and in
close proximity to the IC\\! plays a critical role in
denning the demands placed upon the waterway. The
establishment of marina villages and other
commercial venues, marinas, dry docks, service
facilities, eco-tourisl11 destinations/ parks, residcntial
communities, and heavy industry in large part dictate
the transportation services demanded along thc ICW
as well as the impacts of potential future uses.
Developmcnt of a comprehensive water taxi system
would require land and docks for stations and
parking, transit connectivity, and sufficient density to
attract riders who want to travel north or south to
another activity center, Several water taxi services
already l:.xist in Palm Beach County but not to thc
extent that they call fully link all destinations on the
entire 43 miles. The mobility uf visitors and
commuters along the IC\-'\! is directly related to the
ability to conveniently access water-based
transportaticH1 services. In addition, the marina
villages and other destinations must have adequate
land-basecl roadway and transit connections for the
transport,ltion system as a whole to function
seamlessly.
Currentlv, land-based actlvlty centers drive the
economy of eastern Palm l3each County. \'\'hen the
m,lrina villages described in this rep< Hot are accessible
both waterside .1l1d bndside, they will have greater
potential to generate economic growth and spending
related to marine .lctivities. As mentioned earlier, the
overwhelming majority of marine. related jobs
(12,5l0) an: attributed tu recreational boating in the
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. Milnlle..Related 8usinones
(NAICS-71393)
Intracoastal Waterways
II Deep Water Seaports
8' Commercial Airports
Interstate Highways
Railways
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The above map indicates the locations of marine-related
businesses in Palm Beach County, along with key
infrastructure facilities. While the majority of marine
businesses are clustered along the Intracoastal, they are
nonetheless scattered throughout inland Palm Beach County
as well.
County. Most of the direct and indirect spending
associated \vith marine-related businesses happens at
marina villa~es or en route to destinations accessed
,.
by water. Forging strong connections between water-
based transportation, marina villages, and othl'r
marine destinations will strengthen the overall
economy in Palm Beach County. The map above
shows the dl'nsit.y of marine-rebted industry lucated
along the IC\'\' in Palm Beach County,
It is important to understand the transport,nion
impacts that will hI: generated by each component of
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1 n d i a II R i v <: r S L u c i c M a r t i n P a I m B c a c h
0 RAFT 87
WATER-BASED TRANSPORTATION
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the LC\'\' plan. The creation of marina villages,
growth of t.he port facility, the increase of public
access, ancl continued restoration and preservation
activities will continue to impact and challenge
transportation alternatives as well as demand more
from waterborne transportation. The ultimate
purpose of this chapter is to layout key
transportation considerations as the plan takes shape.
On an org,1l1izational note, access to the Ie\\! is
critical to the success of travel of the waterway. The
1(;\'(1 attracts many types of users to the waterway
from kayaks to mega yachts to commercial barges.
\'Vihile large ships and barges use the Lake Worth Ink!
to access the Port of Palm Beach, recrearjonal boaters
Lise local marinas, boat ramps, and anchorages to get
the access they need to traverse the waterway, As
noted in the introduction to this report, there were
six main thernes identified by charrette p,uticipants,
which led to the report's organization. Accordingly,
boating facilities that correlate to commercial boating
activity, including water taxis, ferries, and the Port of
Palm Beach, are included in this chapter. 'rhe
remaining facilities, including public marinas, public
boat ramps, and canoe/kayak access points, arc
included in Chapter 1 V (Public Access),
lit
Water-Based Passenger Transportation
The Intracoastal \v'aterway in Palm Beach County
offers a rich opportunity for water-based passenger
transportation, In addition to private vessels, there
are t"vo general forms of passenger transit: water taxis
and ferries. \Vater taxis offer public transportation
usually in an urban cnvironment, but they can providl"
aCCl"SS to natural clcstinations as well. Operating
schedules for water t.axis can V<11")", with some
opeL\ting on a demand basis (like traditional taxis)
while others provide scheduled service at multiple
stops (similar to traditional bus service), In North
,\mcrica, the terms water Llxi and water bus are
gencralk L1sed svnonvmouslv, A boat servicl" that
( .- .-.' .-
shuttles passengers hl"twecn two points .Ind
s< )metimes goes t":1rther distanc~:s at higher speeds is
re ferred to <\ fern',
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The following section provides an overview and
analysis of water taxis and ferries and a summary of
the types of services currently provided in Palm
Beach County.
Water Taxis
\Vaterborne t.ransport.ation services can offer an
alternative to congested roadways, lack of parking,
crowded land-based transit, and an opportunity to
travel leisurely and reach water destinations t.hat are
otherwise inaccessible. p'lorida is home to several
water taxi services, each wit.h its own niche market
and varying level of success. Some include Palm
Beach \'Vater Taxi, \Vater Taxi of the Palm Beaches,
Fort Lauderdale's \'(later Bus, Jacksonville's 1\Jarine
Taxi, and Ne\,," Smyrna Beach's \'(later Taxi. I'~ach of
these services was generally revie\ved and analyzed as
part of this plan, and details relevant to each are
summarized in the graphics in this section,
Development of a successful waterborne service
requires consideration of many variables. Among the
key guidelines to consider are the following:
· Identify the right technology
Provide the ability to compare to other
service initiatives
.
Define a competitive service
Identify and address key connectIVIty and
accessibility issues
Ouantifv the market denund
'- ,
Build regional support
Differentiate services from other competing
servIces
.
.
.
Integr.ltl' service into regional transportation
system
ll1 addition to the general guidelines listed ahove that
ar~: .1pplicablc to all transit Sl"1'vices, it is important to
undnstand some of the general conditions that
facilitate more specifically the dn"l"lopment of ,1
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DRAFT
WATER-BASED TRANSPORTATION
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Water taxis, such as those pictured above,
can function as a component of the overall transportation
network in a community or region as well as offer
economic enhancement as a tourist venue.
e
In areas like the northeast, with peninsulas and bays, high-
speed, operating conditions, and high-density population
patterns that congest traditional transportation networks,
services like New Jersey's Seastreak fast ferry service operate
routinely as part of the transit network.
SOURCE: http://www.seastreak.com
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T R E ,\ SUR t.: C () .\ ~ T
Indian River S
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The geography of downtown Jacksonville lends itself well to
its local water taxi operation, which ferries passengers among
hotels, restaurants, and Jacksonville's mixed-use Riverwalk
project,
:)
In central Florida, a multi-city water taxi operates between New
Smyrna Beach and Inlet Harbor, offering mostly sightseeing
tours of the area.
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Washington State's Department of Transportation operates an
extensive water ferry service, as indicated on the route map
above, that provides extensive service including connections
into Canada.
SOURCE: http://www.wsdot.wa.gov/ferries
Based in Riviera Beach, the Palm Beach Water Taxi offers the
most extensive water serVice currently in Palm Beach County.
including water taxi service to Peanut Island and downtown
West Palm Beach as well as sightseeing tours and charters. It
is based in Riviera Beach at Sailfish Marina,
Operating out of Panama Hattie's restaurant in North Palm
Beach, the Water Taxi of the Palm Beaches offers primarily
sightseeing tours on the ICW It is important to note this
location as it is part of the "PGA 4 Corners" marina village
recommended in this location where all four corners of the
PGAllntracoastal intersection are commercial properties.
Fort Lauderdale has maintained a water taxi operation for
more than two decades, supported by its dense urban
development pattern, seasonal influx of tourists, and
consistent schedule,
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WATER-BASED TRANSPORTATrON
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successful water taxi scrvice, as described below:
.
Vessel Speed. Ivlost watcrbc H'ne
ln1l1sportation services tend to run a mix of
vessel typcs opcrating at 15 to 35 knots.
()bviously, the faster the vessel, the more
attractivc the ride; hO\vever, the speed comes
at a price. The faster vessels recluire a
significant increase in capital and operating
costs, and environmcntal constraints such as
.
Captive Markets. The most profitable
services are located where there is market
del'!1and. This is true of any customer-
oricnted servicc and especially true \vith
transit servICes. In the waterborne
transportation environment, this is best
provided by captive populations that have no
other transportation alternative, such as
island communities. This may also apply to
transit destinations that are difficult to access
by other forms of transportation such as
accessing a waterfront event like Sunfest with
limited upland parking and constrained
roadways during the event,
,~.
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Revenue Collection. Another factor to
consider is the collection of fare box
revenues. Generally, fare box revenues from
passenger-only commuter services do not
cover operating costs. In many cases, a
recovery of only 40 to (lO percent is typiCl1
of waterborne and other prcm,ium transit
services like Bus Rapid Transit (BRT).
.
Multiple Sailings. r.'1ultiple sailings are
essential for customers. Commuters need
nexibility in the scheduled sailings especially
to accommodate work arrival and departure
times. They need to have the comfort of
knowing that if they miss one boat, there will
bc another onc operating on a reliable
schedule,
.
Direct Routes, The most competitive
passenger serviccs arc those that cut mileage
:lnd travel time. This provides the most direct
routc fllr the passenger and cFficient
l11uverm:n t 0 f the vessel. Sen'ices that run
parallel to established highw,,)' corridors
struggle to provide eljual ur superiur service
.J
Waterfront special events and festivals, such as West Palm
Beach's annual Sunfest which draws nearly 300,000
attendees for this week-long event, create strong markets for
all forms of transit, including water taxis.
In downtown Delray Beach, Delray Beach Cruises (kiosk
pictured above) offers sightseeing trips n the Intracoastal
throughout the year. Their service is walking distance to
historic downtown Delray Beach, which includes a wide array
of residential, retail, restaurant, and hotel facilities as well as
settings for public events and festivals.
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WATER-BASED TRANSPORTATION
the prcsence of endangcred species can
re,!uire s!owt:r speed zones.
.
Landside Connections Strong Iandside
connections are critical. For a \vaterborne
transportation service to' be effective,
passengers must be able to get to and from
the waterside to their final desti nation
(landside) with ease. This greatly impacts the
choice of potential riders in using this service.
In addition to the pedestrian quality of
destinations, multi-modal access to \vater taxi
stops is a factor. For Palm Beach County, the
modes include vehicular, bicycle and
Sea Fare Water Taxi (pictured above) provides daily setvice
to Peanut Island (pictured below), which has become one of
the County's strongest recreational destinations since
completion of the Island's rehabilitation and enhancements in
2006.
pedestrian access, and a wide variety of
existing and potential transit services (local
trollcy, community bus, regional bus, BRT,
Tri-Rail, and potentially FEe corridor
transit).
Quality of Destination. For any transit
scrvice to bc successful, the quality of
destination, including mix of uses, land
development patterns, walkability, and
personal safety, are critical factors for users.
\V'aterborne transportation requires
destinations of sufficient critical mass to
warrant their use by riders. If the variety of
uses or experiences in a destination is too
limited, the passenger service may only be
successful for special cvents. This criterion
was considered in the evaluation and
rccommendation of thc sevcn marina villages
described in this report.
.
Community and Environmental Impacts.
The managemcnt of community and
environmental impacts is critical, and impacts
can occur for land and water, Both must be
considered and monitored continuously for
waterborne transportation services to be
responsive to the communities they serve.
Marketing & Promotions, Transit systems
must have extensive marketing and often
promotional activity as well to raise awareness
of the system and build ridcrship. The linl'ar
nature of Palm Beach County's portion of
the I ntracoastal disperses watl'r taxi services
along 4~ miles, .llthough there arc clear
concentrations uf serviCl:' in kcv locations.
Consolidation of information and common
marketing are mechanisms that arc
advantageous for service providers as well as
users, with an urganizational entity l1l:ccssary
to accomplish thesl: activitil:s.
\,\'ith the strung interest in w,lter taxis cxpn:sst:d by
charrenc participants, a preliminary an.llysis \vas
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WATER-BASED TRANSPORTATION
c
conducted to bcgin to identify a potential water taxi
system in Palm Beach County. Today, t.here is a
variety of existing water taxi operations as well :is a
handful of water taxi stations th,lt are pending and/or
proposed. Both the current operatiuns as well as the
pending locations are discussed below and illustrated
in the maps in this section.
There currently are a limited number of commercial
marine transpurtation services accessible to the
general public in Palm Beach County.l\lost are
limited to sightseeing tours, but a fe\\" offer limited
water taxi-type services. By far, the most developed
service area is in Ri\'iera Beach, in close proximity to
Peanut Island and the Port of Palm Beach.
Additional operations arc currently in place in Jupiter,
North Palm Beach, and Dclray Beach. Each of these
current facilities tends to provide sightseeing cruises
on the Intracoastal as well as limited to/from travel
during special events. 'rhe existing services are as
follows:
1".... ;.
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Buzz Boat Watcr Taxi Scrvice operates un
an as-needed basis primarily in northern and
central Palm Beach County. It operates one
boat with capacity for fOllrtl:en passengcrs
and provides service for special events in
coordination with cvcnt organizcrs. This
service dnes not maintain a permanent
facility but utilizes public and private dod:'lge
when avaihtble.
.
.
Manatce Queen, operating at A 1 i\ Road in
Jupiter, offers sightseeing cruises on the
Intracoastal. It operates one boat with
c:ipacity for 49 passengers,
Water Taxi of the Palm Beaches (lperates
out of Panama Hattie's restaU,",lnt :it thc
intersection of PG A Boulevard ,111d l.:Ilison
Wilson Road in North Palm Beach. Offering
a variety of sightseeing tours on the le\'\/, this
scn'icc operates up tu four boats cbily with a
capacity of 27 passcngers pL'r boat.
)
. Palm Beach Water Taxi, operating out of
Sailfishl\larina on Lake Drive in Palm Beach
Shon:s, provides the most extensive service
currcntly available on the lC\'\: including
daily, year-round shuttk service to Peanut
Island and downto\l..'n \X'estPalm Beach as
well as a variety of sightseeing tours and
charters. The comp,m)' operates up to five
boats with capacity ranging from twenty to
49 passengers per boat.
. Peanut Island Water Taxi operates out of
the Riviera Beach l\hrina on East 13th Street
in Riviera Beach, providing service between
the Po'larina and Peanut Island. It operates on
an as-needed basis with a boat capacity of 40
passengers,
. Sea Fare Water Taxi, also operating out of
the Riviera Beach Marina, currently prcwides
service to Peanut Island, with peak demand
in the spring and summer months. This
service operates two bo,lts with capacity
ranging from 45 to 49 passengers per vessel.
This company provided multi-stop water taxi
service in the past in the Riviera Beach area,
from Phi] Fuster Park, Riviera Beach, and
Peanut Island.
. Delray Beach Cruises operates out of
Atlantic Plaza on Atlantic Avenue in
downtown Ddray BL'ach and offers
sightseeing cruises. This service runs one
boat with the largest C<lpacit)' (ISO
passengers) (11' the current services in the
County.
In addition to the existing \V<\ter taxi operations, the
P,llm Beachi\letropolitan Planning Organization
(~IPO) secured ,1 Sli\lillion grant from the Florida
Department (If Transportation in 2U07 to enabh: locll
governl11l"nts to design and construct w,lll"r taxi stopS
in Palm Beach County, ,:\lthough the grant \vas
T R LO. ,\ S l' R " C () ,\ :' T R L ( ; I ( ) 1'- ,\ I. P I. :\ :-.. " 1'- (; (' ( ) l' :--.: <' I I.
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Water Tax Stop Locations: Limited Network
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initially limited to projects north of West Palm Beach,
delays in permitting encouraged the 1\1 PO to expand
the funds county-wide. To date, there are seven water
taxi cluck facilities in various st.lges of permitting,
design, and construction pursuant to this grant,
including several in Jupiter, Juno Beach, Riviera
Beach, W'est Palm Beach, and Lake Worth, The map
on the previous page illustrates the "I -imited
Network" of water taxi stop locations, including
existing stops as well as pending stops funded
through the J\IPO grant.
Water Taxi Operational Analysis
r:.f"'!!\.
V
To analyze the potential for the development of .1
more extensive water taxi service in Palm Beach
County, the area surrounding Peanut Island (Lake
\X'orth Inlet, Riviera Beach) was utilized as a center
point, given its current preponderance of services and
Peanut Island as a key destination. The following set
of service assumptions were established for a
potential county-wide service, with a goal of
ascertaining how far north and south an effective
water-based service could function with Riviera Beach
as the center point.
Speed Assumptions: \vater taxi services tend to use
slow-speed vessels, typically ranging from four to
fifteen knots per hour. In addition to vessel operating
speeds, waterway conditions also cuntrol service. The
impact of wake wash on property and parked vessels
is a critical factor, especially in narrow sections of the
lC\V Also, manatee speed restrictions exist
throu~hout the ICW in Palm Beach County, creating
l.. ~ l..
signiticant limitations for service. To analyze
potential water taxi service in Palm Beach County, the
matrix on the follu\ving page was developed, _\\'hich
shows a range of service characteristics for speeds
ranging from three to tifteen-knot speeds.
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The speed of any given service will be dependent on
seventl factors, including: the type of vessel; the
Ien~rth of thc route being served; proximity to "slow
specd" zones; and the dist.II1CC between stations.
l.ocal h,lfbor services, such as those currently
operated in Riviera Beach, with short shuttle services
and sm,1ller load capacities, will likely operate at
slower speeds. However, a longer intercity service,
\\'ith longer distances between stations, operations
within the [C\'V' channel, and largcr load capaci tics,
will likely operate at higher speeds. Determining the
operating area of a service will therefore be impacted
significantly by the type of service. On the following
pages, maps illustrating the range of scrVlce gIven
di fferent headways arc presented.
For purposes of this evaluation, the extent of the
reach of a water t,lxi service is based on the
assumptions of a longer haul operation, A ten- to
tifteen-knot service, without station
loading/ unloading penalties, could reach ten to
fifteen miles in ,111 hour. In order to specifically
calculate the exact reach of any given route would
re(luire travel time runs, vessel characteristics, and
presence of slow speed zones. For local, short haul
service, the five-knot service would be most likely
serving approximately a tive-mile service area or less
in an hour.
Service Penalty: Service penalties are experienced
with every additional stop, ;\ tive minute penalty was
assumed for loading and unloading of passengers ,It
each stop, In addition, each addition,ll stop added
tive minutes to the ovcrall trip length.
Based upon these opcrating assumptions, 30-minlltc
and GO-minute routes were calculated based upon
how far the boat cOllld get in that amount of time
with all the factors considered, As indicated in the
l11,1trix above, slow-speec.l vessels operating at typically
tive knots could cover five or six miles in 60 minutes
of operation. Faster-speed vessels, conservatively
assllml~d to operate at ten knots, could cover eleven
or twelve miles in ()() minutes. 'rhe Oper.lting 1\L\trix
above pn)\rides the brcakdown of time, speed, and
distanq:.s, This analysis dic.l not address the necessary
permitting that an operator would need to go through
with the United St.ltes Coast Guard and othLTS. I tis
T It L ,\ S l' It I': c: ( ) ,\ :-; T R I. e; ( I :-.. ,\ I. P I. :\ :-.. ~ 1\ e; C ( ) \1 '" (' I l-
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DRAFT () .l
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To analyze the potential for a County-wide water taxi service. an operating matrix was assembled to compare various service
options given varying speed and distance. As indicated above, a slow-speed (5-knot) service should cover a 6-mile route in 60
minutes while a faster-speed (10-knot) service should cover eleven miles in the same timeframe.
simply meant to illustrate route parameters for a
potential tirst phase of service.
with the seven marina villages, public marin,ls, and
other marine destin,ltinns along the waterway.
Recommended Water Taxi Network
The operating assumptiuns indicate a higher speed
vessel (operating at ten knots) would travel
approximately cleven to twelve miles in 60 minutes.
Using the conservative end of the range, the map
below indicates the expected headways between taxi
stop IOC<ltions throughout the Intraco,\stal with the
recommended network. Given the County's roadw,l)'
and transit network, it is reasonable to assume this
network could yield reasonable ridership for special
Given the operating parametcrs, headways, and taxi
stUll spacing available along the lntracoast,d, a
rccommended network of water taxi stop locations
was developed as illustrated in the map on the
f< Ill! lwing page. This netw( lrk includes existing watcr
taxi services; pending water taxi docks per the M PC)
grant; and recommended new locations that coincide
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The map above illustrates the recommended water taxi network (existing, pending, and recommended locations) along with the
seven marina village locations. If a more extensive network of water taxi stop locations is developed, waterway-based service
could be successful for special events, seasonal activity, and perhaps weekend activity throughout the year in Palm Beach
County.
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With operating speed assumptions of ten knots and other factors, it is estimated a 60-minute higher-speed service could cover
approximately eleven to twelve miles, This map illustrates eleven-mile segments along the limited water taxi network (existing
and pending water taxi stops) in Palm Beach County. Hour-long headways at this speed would enable travel between, for
example, Lake Park and West Palm Beach or West Palm Beach and Boynton Beach,
T R I.: ,\ ~ L R I-: C U ,\ S T
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DRAFT
WATER-BASED TRANSPORTATION
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As illustrated in the map above, a Water Taxi Recommended Network is illustrated. including existing water taxi stops, pending
water taxi dock locations, and recommended new locations to coincide with upland development activity, The eleven-mile bars
to the east of the land area indicate the estimated 60-minute headway for higher-speed vessels.
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cwnts, during peak season, and perhaps for weekend
events if well-organized and marketed.
Just as is the case with an upland transit net\vork, the
success of waterborne transit hinges on many factors.
Land use/ transportation relationships exist at the
nexus of all transit nodes with their surroundings. In
addition to the proper north/ south distribution of
water taxi stops, planning for the water taxi system
must consider the land use characteristics in which
the stops are to be located. \X!hile many stopS will be
within the seven marina villages detailed in this report,
there are a number of water taxi stop locations
interspersed between these villages. /\. focus on
transit-supportive development patterns, including
mix of uses, building placement, and natural
surveillance, among other factors, will enable each of
these taxi stop locations to function more efficiently,
effectively, and safely. A land use planning assessment
of each water taxi stop location, including the seven
marina villages, is detailed in Chapter Vll: I\farina
Villages and W'aterfront Destinations.
Another factor for successful waterborne transit will
be its integration with the upland transportation
network. Users of the water taxi network will arrive
in various ways - by foot, bicycle, car, and transit.
Pedestrian and bicycle traftic will naturally occur in
walkable, mixed-use setting;s, sllch as the marina
<-
villages, Other water taxi stopS are reasonably
adjacent to neighborhoods that will generate bicycle
and pedestrian activity. Vehicubr access will be more
difticult to manage. As land area is limited along the
Intracoastal, \'ehicular parking demand is more
difficult to manage. f\:larin:ts and many of the
w.uerfront public parks experience peak demand on
weekends, which parallels the peak times anticipated
for water taxi use, Parking management strategies will
be necessary to appropriatdy manage parking
demand along the waterway for water taxi patrons.
~Iulti-modal irltl:.:rconnecti\'it)' with upbnd transit
sen'ice C lffers a pn lmising and efficient interfacl:: fc lr
a successful water taxi netw(Jrk in Palm Beach County.
The I\lPO's 2030 Long..Range Transportation Plan
identities the recommended transit network for the
County in the transit portion of the Cost feasible
Plan. In addition to the County network, several
municipalities also operate local trolley service,
including \Xlest Palm Beach, Boynton Beach, and
Delray Beach. \'\then the transit and recommended
water taxi networks arc overlaid, it becomes evident
that the Intracoastal, as well as the marina village
projects, arc well-serviced ",ith multi-modal access,
particularly in proximity to the llhuina villages ,\nd
many of watcr taxi stops. Thc voracity of this
potential multi-modal network (upland and
waterborne), illustrated in the map on the following
Palm Beach 2030 Long Range T r.Jnsportation Plan
Proposed COst F.asiDle PJa/J
Transit System
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The above map, from the MPO 2030 Long-Range
Transportation Plan, represents the Proposed Cost-Feasible
Plan for the County's future transit system, which closely
correspond with the proposed marina village locations.
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The above map illustrates the multi-modal transportation network possible with the premium transit
components of the Palm Beach MPO's Cost-Feasible Transit Network (2030), the marina villages,
and the recommended network of water taxi stop locations.
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DRAFT 101
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WATER-BASED TRANSPORTATION
page, . includes the potential premium transit,
recommended water taxi network, and marina village
locations. The Cost Feasible Transit Network
adopted in the ~lPO's 2030 Long-Range
Transportation Plan is included for reference in this
chapter.
Although a \vater taxi nl:twork is unlikely to attract
cornmuters given the anticipated headways in
comparison to the land-based transportation syst<:m,
such a water taxi network with a variety of
destinations could fulfill the County's "Quality of
Life" directive In its Strategic Economic
Development Plan, enhancing the quality of life for
residents and visitors as well as 'ldding to the
ambiance of Palm Beach County. The water taxi
network could also enhance the economic success of
the marina villages as well as the interspersed water
taxi stop locations with increasecl activity and
patronage.
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High Speed Ferries
The subject of high-speed ferries is somewhat
beyond the scope initially envisioned for the
I ntracoastal Study. As noted in the discussion of
water taxi service, high-speed ferry service for the
length of the Intracoastal is not feasible given the
environmental constraints, slow speed zones, and
operating conditions. However, high-speed ferry
service is a reasonable transportation alternative to
more distant locations such as Fort Lauderdale,
Miami, the Florida l"":eys, or offshore islands like the
Bahamas. While such a service would likely have only
a limited relationship to the Intracoastal, it
nonetheless could provicle an economic and
transportation enhancement for the County.
The Port of Palm Beach has provided high-speed
service to the Bahamas in the past; however, service
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In the map above, existing high speed ferry services from Fort Myers and Marco Island are illustrated along with potential routes
for new high speed ferry service from the Port of Palm Beach.
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DRAFT
WATER-BASED TRANSPORTATION
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Ferry service exists today on Florida's west coast in the
Sarasota area, with service to Fort Lauderdale, Miami, and
Key West. Palm Beach County's eastern frontage could allow
rapid service to the Bahamas and perhaps other Caribbean
islands.
(t)
was discontinued clue to opaating costs and demand,
()ther areas in the region such as Fort I.auderdale also
provickd high-speed service at one timc but
suspended the service due to costs and permitting
issues. Currcntlv, !\liami, Fort 1-1ycrs, and Marco
Island provide seasonal high-speed ferry service to
Key \X'est. These service times are comparative with
the automobile for length of trip providing a viabh:
transportation alternative.
Charrette particip,1l1ts encouraged the !\lPO, County,
Port and others' to further investigate the potential re-
establishment of high-speed ferry service to
destinations such as South Florida, the Keys, and the
Bahamas. The timing for such a scrvice may be
optimaL especially for service to the Bahamas as the
Bahamian islands continue thdr economic recovery
from recent tropical activity and ultimate buildout. in
the map on the previolls page, potential routes for
new ferry service from the Port of P,llm Beach to
points in South Florida and the Bahamas are
illustrated. It should be noted that new service
establishment may n:Cluire public participation to
incentivize new (Jperations,
Inlets, Canals, and Rivers
i'
---
Palm Beach Count\' is home to four inlets; however
llnly the Lakc \'\'o;th inkt (also know as the Palm
Beach Inlet) is a federally maintained inlet. This
means the USACE is responsible for the maintenancc
and navj~abilit\' of this inlet. This inlet providcs
access t(~ the 'Port (If Palm Beach among other
recreational destinations. The other three inlets,
Jupiter Inlet, Boynton Inlet, and Boca Raton Inl~t are
primarily used by recre;ltiona\ boaters. T~es.~_.lnkts
are not regularlv maintained by the USACE and
conditions '~'an'. . Boaters without "local knowledge"
. ' .
are cautioned to avoid these inlets. Due to strong
currents and changing wave action, many are very
dangerous to navigate and in some cases are not
navigable.
Canals and rivers in Palm Beach County provide
boaters access to natural resources ,1l1d carry little, if
an\' commercial traftic. These canals and rivers now
.,
in~o the lC\'V' providing recreational boaters
connectivity to the waterway. 'rhese canals and rivers
arc monitored for cnvironmcntal impacts of water
t10w and personal use of the waterway by
environmcntal agencies. In addition, some have
qucstioned or proposed expanded usc of some of
these to provide services such ;lS inland marinas and
dry clocks, especially during bad wcather. These
interconnections are illustrated on the following page,
Port of Palm Beach
The Port of Palm Beach is the largest water-related
transportation hub along the 43 miles of Ie\X! in
Palm Beach Count\', 1 t is a multi-niche port housing
break-bulk (\umb~r and steel), bulk and dry clrgo
(asphalt, cement, molasses, sugar, ,1l1d fue! oil),
contaim:rs (twenty fuot equivalent units ITEUsl), and
cruise (single-cia).) services. I n Fiscal Year 2(11)7,
accorclin~ to the Port of Palm Beach, it handled
lfJ9,113 ;;>11S of break bulk cargo; 1,933,345 tons of
bulk ancl dry cargu; 257,5(17 TEUs; ,1nd SM1,408
cruise passengers. :\11 clrgo and cruise passengers
P,lSS through the lC\X! via the Like \'(forth Inlet en
route to the Port. 'rhe port rraftic is forecasted to
T R L .\ S I' R L C ( ) .\ :;. T R I. (; l ( ) :-- ,\ I. P I. :\ :-..i :-...
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WATER-BASED TRANSPORTATION
The Intracoastal provides access to four ocean inlets in Palm Beach County, including Jupiter. Lake Worth (in Riviera Beach),
Boynton Beach, and Boca Raton. To the west. the ICWalso is interconnected to a series of canals and rivers, as indicated in
the aerials above,
grO\I/ by 3.:1 percent annually through 2015.
The Port has constrained water, terminal, and
landsidc ,lccess. i\ scries of channel, turning hasin,
and berth impro\'ements arc planned, as illustrated
on the following. i\ nc\v w,Hehouse is under
construction to increase thc storage capacity on land.
,\lso, the Smith Gate project will provide a new gat.e
complex, which will cnhance port access and shift
internal! extnnal tr;! fftc for smoother flow. In
addition, there are rail improvements planned, the
inlet dredging project is moving fmward, and thc tinal
segment of S R 710 is being studied to reconnect the
e<lst!west corridor with US 1. In addition, the
possibility of an inland port in western Palm Beach
County offers the potential for addit.ional off-site
storage for thc Port, which is unablc to expand at its
current location in R.iviera Beach due to .1greements
with the City of Riviera Beach.
The Mcgayacht Industry
South Florida is home to ()Ilt: of the most well
ll<:veloped meg.1yacht industries in the world. This is
highlighted annually by .1 boat show that draws all
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WATER-BASED TRANSPORTATION
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Port of Palm Beach Otsl1lc
The Port of Palm Beach has long-term improvements needed to enable expansion of its operation and aI/ow access for deeper
vessels.
major yacht manufacturers and serves as one of the
largest economic stimulus activities for the region.
\'<J'hile some of the largest yachting centers are located
in Fort Lauderdale and Miami, Palm Beach also is
home to a growing service and storage industry
related to these 1 OO-fuot-plus luxury vessels. In (mJer
to serve this industry, appropriatc waterside and
landside infrastructure elements must be in place.
From the waterside, minimum water depths and
berthing areas are critical. In sume areas, the current
conditions of the lC\X-' do nnt provide the
appropriate depths. In additiun, even when the
channel itself provides the necessary depth, water
from the channel to the berthing areas is not always
sufficient. In this insL1nce, it is t.ypically the
responsibility uf thL' private service operators to
maintain and deepen their access routes.
In Palm Beach County, thc established megayacht
service areas are located in close proximity to thc
Lake \'Vorrh Inlet, surrounding the Port of Palm
Beach to the north and south. During the charrette,
participants emphasjzed the opportunity to
reconsider this area as "rnegayacht mile," an
intentional variation on Bruward County's "marina
mile" which is the main source uf competition for
this industry niche. Due to lC\'\' conditions in this
are,l, vessels accessing the southern service centers
are forc\:d to use tht;; e,lSkrn-most P,lrt n f the
watl:rway uutside of the official channel, as illustrated
in the image tn t.he right. Businesses based in this
arca are working to sulicit funding to help improve
the waterway. The area shown in red illustrates the
ke~' ,lreas of the 111L'gayacht servicL' facilities. In
addition to thL' waterside constraints, it is critical t<J
preserve inclustriallands along t.he waterfront. These
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DRAFT IOS
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WATER-BASED TRANSPORTATION
facilities nced to have reliable
highway access to receive
parts .1l1d fucl. An additional
challcnge facing this area is
thc proximity to recreational
activities for yacht crews.
Palm Beach County does not
have a significant density of
activity centers for multi-day
periods, and consequcntly,
many megayacht crews tend
to spend their down timc in
locations like J\.liami. This
makes shuttle services critical
to access these regional areas.
From an economic
standpoint, maintaining and
expanding yacht serVIce
facilities is critical. This
industry catcrs to the wealthy - that is, those that arc
less impacted by downturns in the economy. The
economics of the megayacht industry and its
implications for the lC\v' and Palm Beach County are
discussed in detail in Chapter IX (Sustainablc
Economics). Based on the findings in this study, this
industry could provide significant contributions to the
economy of the county and rcgion if it is able to
cxpand and become sustainable.
Facilities such as the Rybovich Marina in West Palm Beach (pictured above)
currently service megayachts. Additional service and support facilities would
enable the expansion of this industry cluster.
As illustrated on the map above, the success of a
"megayacht mile" in Palm Beach County depends on
deepened access routes for these 100+ foot boats to
access the upland.
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WATER-BASED TRANSPORTATION
KEy FINDINGS AND RECOMMENDATIONS
This section details the key findings and recommendations developed as a result of the analysis of water-
based transportation issues described in this chaptcr.
Support and Establish a Water Taxi System
I~
"I
Conduct further analysis to determine potential demand, market, headways, operating speeds,
and optimal water taxi stop spacing for system efficiency and effectiveness.
Dctermine appropriate balancc of origin and destination stations.
Integrate water taxi stop locations within marina villages.
Evaluate stand-alone water taxi stop locations.
· "Promote transit-supportive land use activity at water taxi stop locations, including mix of uses,
btlilding placement, visibility, intermodal access, and natural surveillance.
Promote coordination among watcr taxi operators regarding schedules, rates, and service
characteristics, cspecially for special cvents.
Coordinate water taxi stops with upland: transit network where possible.
Cc>nsider establishing water taxi organization to provide common marketing and promotions;
standardized schedules, routes, and fees; and expanded awareness.
Expand appropriate County and agency web-sites (e.g., (rourist Development Council,
Convention and Visitors Bureau) interfaces to include descriptive overview of water taxi services
and refercnce links to operators.
.
.
.
.
.
.
.
.
Evaluate Potential for a New High-Speed Ferry Service
.
Analyze key routes for potential high-specd ferr.y service, including Fort Laude;:rdale, Miami, tile
. Flolida Keys, and the Bahamas.
Encourage the Port of Palm Beach to solicit ferry service providers to develop new service at
the Port.
.
Increase the Number and Size of Boating Facilities (cross-reference v.rith Chapter IV Public Acccss)
\.'1
' ~
---'
.
Maximize efficiency and effectiveness of existing public boating facilities.
Add staging docks at boat ramps to increase utilization.
Maintain operations of existing public marinas via incentives, public/private partnerships, and
efficiency improvements.
Expand public marinas where possible with additional wet slips and dry storage.
Add day docks in public parks to expand access by boaters.
.
.
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Expand and Strengthen the Marine. Industry
Develop bcttcr measures of marinc industry in Palm Beach County.
Protect existing marine industrial uses with incentives.
Encourage County and local governments to adopt "no net loss" policy to protect existing marine
industrial uses.
.' Investigate potential for establishmcnt of "mcgayacht mile" in Riviera Heach.
Support dredging inlet and channel in Riviera -Beach to support working waterfronts, particularly
megayachts.
Encourage proper transitional land uses and patterns be established adjacent to working
waterfronts to improve land use relationships. . ,
Support location of complcmentary technical and mechanical uses in upland areas to support
working waterfronts. .
Integrate workforce housing proximate to working waterfronts to increase sustainability. .'
.
.
.
- ..
.
.
.
. Support Expansion of the Port of Palm Beach
.
.
/ ...
.
...
IJ .
.
Encourage completion of on-going projects, including warehouse construction.
Support South Gate project to enhance port access and improve traffic ingress/egress with a
specific focus on minimizing neighborhood impacts.
Continue to evaluate off-site, freight distribution improvements, such as the Inland Port, to
increase efficiency of Port operations.
Support the dredging of thc Lake Worth inlet and channel to improve Port opcrations.
Continue to' work with the City of Riviera Beach, FDOT, and Palm Beach MPO to refine
. .
landscaping and detailing of SR 710 expansion project.
Preserve Existing Public Marina and Marine Industrial Spa~e (refer to Economics chapter)
.
Support adoption of "no net loss" policy among local governments for protection of marine
industrial uses.
Support the Removal of Derelict Vessels
;' ..
Encuuragc thc idcntification of ownership, rcmoval of dcrelict vcssels, and propcr tincs for
owners to improve navigation, reduce environmental hazards, and improve aesthetics of the
Intracoastal.
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EXPAND RECREATIONAL OPPORTUNITIES AND Eco- TOURISM
Recreational use of the Intracoastal occurs in many different forms. In addition to the boating activities
that occur within the waterway (both motorized and non-motorized), the waterway and its environs
attracts other users that fish, swim, wadc, snorkel, waterski, use personal watcrcraft, and simply walk
along the water's edge. While most of these non-boating activities occur outside the Intracoastal
boundaries, they nonetheless are associated with thc Intracoastal due to their proximity to the waterway.
The Intracoastal includcs a varicty of scttings for recrcational activities, including both natural and man-
made areas, in-water locations as well as upland. Today's lntracoastal exists as a man-made channel that
traverses a series of natural water bodies, expanding the role of the waterway for eco-tourism and nature-
based recreation. Therefore, the broad recreational usage of the waterway includes pedestrians strolling
along the shoreline on wooden riverwalks as well as kayakers seeking access to environmental preserve
arcas along the waterway or venture to spoil islands enhanced with native vegctation and oystcr habitat.
Charrette participants were enthusiastic about thc expansion of recn:ational activities in and along the
leW, placing particular emphasis on eco-tourism and nature-based recreation as areas for future program
development and investment. Spoil islands, their restoration, and increased access for recreational users
emerged as a strong point of consensus, with the successful Peanut Island and Snook Island projects as
highlighted examples. In adcUtion to discussion of these issues, this chapter also provides key findings
and recommendations. Readers should also refer to Chapters IV (public Access) and V (protection of
l'Jatural Resources) for additional discussiun of these issues.
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EXPAND RECREATIONAL OPPORTUNITIES AND Eco-ToURISM
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Ln addition to th(; movement of fn:ight, recrC,ltinna]
activit)' along the Intracoastal is perhaps the most
visible use of the waterway. Recreational activity
takes many forms, including both motorized and
non-motorized \vatercraft; personal watercraft; and
individual use of the water by anglers, swimmers,
waders, and sightseers. Recreational activity occurs
in all types of environments, both man-made and
natural, on the water .1S well as on land, By contrast,
eco-tourism activities occur by ddinition in natural
areas characterized by significant natural beauty or
biodiversity. \X/hile most forms of eco-tourism can
be defined as recreation, not all forms of recreation
can be classified as eco-tourism. The 1 ntracoastal
itself is a man-made channel that was dug through a
series of natural water bodies, providing access to
eco-tourism destinations. During the charrette,
participants emphasized a desire to expand both
forms of activity on and along the Intracoastal.
Recreational facilities are discussed at great length in
Chapter lV (public Access); therefore, this chapter
focuses on eco-tourism generally, including
destinations for eco-t<Jurism, appropriate recreational
activities related to eco-tourism, and provides
recommenda tions accordingly. j\dditional details
regarding eco-tourism are also contained in Chapter
V (Protection of Natural Resources).
,.....
(~
For the purposes of this repo'rt, "eco-tnurism" is
generally detincd as a form of tourism to undisturbed
areas high in natural beauty or biodiversity that strives
. ' .
to minimize ecological impact or damage. Charrette
participants were highly enthusiastic about the
concept of cco-tourism, wanting to promote eco-
tourism as a way to divcrsify thc economy, expand
public access to the le\,<.: and educate the public
about the County's natural resources.
~ ~
The distinction between natural areas and man-made
ones is set f( lrth in the introduction to this chapter.
Much interest was focused on spoil islands, like
Peanut Ishnd, as well as restoration projccts like
Snook island. Although these facilities arc man-made
and tcchnically may not fit intu the definition of "cco-
i.jJ
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Palm Beach County's Convention and Visitor's Bureau has al-
ready recognized the importance of eco-tourism, publishing a
brochure that highlights eco-tourism and recreational ameni.
ties in the County (cover image above).
tourism," islands slIch as these can become important
and contribut.ing components of the natll ral
environment if enhanced to support native species
,lml the well-being of a natural system. Ln the eyes of
the general public, man-made spoil islands with
proper vegetation and detailing are att.ractive
dcstinations for fishing, hiking, swimming, and
canoeing/kayaking in a manner that cdehmtes their
biodiversity, whether it is emerging with new plantin~rs
or has bcen established over decades. For the
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EXPAND RECREATIONAL OPPORTUNITIES AND Eco-ToURISM
purposes of this report, eco-tourism will be used to
include both naturally occurring features and as well
as features that are and could be brought up to a
standard to support native biodiversity and enhance
natural systcms.
Importance of Eco-tourism
Eco-tourism provides benefits to many different
types of users and entities. Providing enhanced
opportunities to enjoy and celebrate natural
cnvironments is a quality of life consideration for
many residents and visitors to Palm Beach County.
This access must be balanced such that the human
appreciation of these systems does not overwhelm
them. Eco-oriented visitors can augment the
County's ongoing tourism efforts, diversi fying the
local economic base by utilizing existing resources to
attract visitor dollars, Educational cfforts can casily
be integrated into eco-tourism programs and settings,
creating stewards and advocates with a broader
knowledge base to further protection and
enhancement activities, Building on national and
international trends, en vironmentally-sensitive
"green" technologies and industries in the County can
complement eco-tourism development by providing
hospitality, goods, and services that correspond to the
mind set of these visitors. The combination of these
approaches, with adequate balance and progressive
planning, can enable Palm Beach County's portion of
the Intracoastal to become a unique destination
within the State,
Eco-tourism has less impact on a site \vitb activities
Holiday weekends can produce thousands of boats at Peanut Island in Riviera Beach, as indicated in the photo above taken
during Memorial Day weekend in 2007. The regional popularity of restoration projects such as this island can have mixed impli-
l..J cations if the volume of users surpasses the natural system's ability to accommodate it.
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EXPAND RECREATlONAL OPPORTUNITIES AND Eco-ToURISM
CJ
such as camping, fishing, swimming, and (lbscrving,
The facilities are generally designed minimize
ecological impacts. In contrast, non-ecu-tourism
activities can create more impacts such as jet skiing
destroying seagrasses, wakes created by fast boats
with water skiers or hydro-sliders, or inappropriate
intrusion into environmentally sensitive areas,
/-
The Intracoastal provides access to a number of
interesting eco-tourisl11 sites. l\Iany of the upland
destinations are natural sites that have never been
developed. Other sites, particularly spoil islands, have
become eco-oriented destinations due to their natural
systems, and they are only accessible by water. Most
of the sites are publicly owned by v,uious local, state,
and federal agencies. The various agencies have
different rules regarding public access, and access is
not permitted on all sites. For example, the USACE
which controls 11unyon Island does not allO\v
overnight guests on its properties, thereby prohibiting
camping activities.
~
The different sites along the waterway vary in
function and features. Shoreline improvements
provide erosion control and/or habitat for fisheries,
seagrass, and oyster beds, Other inland areas provide
stormwatcr filtering and/ or habitat. Not all the sites
may be suitable for eco-lourism. The County should
work with the various agencies that own the land to
identify sites appropriate for eco-tourisl11, \vurk with
the agencies in developing the sites, and coordinate
the efforts for promoting the sitcs. \Vherever
possible, appropriate eco-tourism sites should be
incorporated \\lith the multistate, state, regional, and
locl1 greenways and blucways efforts discussed in the
Public Access Chapter. .
Spoil Islands
;' L
Spoil islands began their existence in the carly 1900s
as a depository for dredged materials. Palm Beach
County has completed numerous restoradon projects
on its spoil islands, establishing the county as a
regiunal leackr in this n:gard, ,\ sampling of some
I .: ,.J'
\~
Fishing and cast-nets are a key recreational activity along the
ICW (photo in Jupiter).
of the County's island restoration projects is included
below. Several of these are discussed in this chapter
to highlight their eco-tourism potential.
Peanut Island, located in Riviera Beach, is likely the
best-known and most popular spoil island in Palm
Beach County, and perhaps the region. This island
was created with dredged matcrials from the Lake
Worth lnlet, which helped propel the Port of Palm
Beach into an international shipping port. During the
Kennedy presidential administration, bunker facilities
were developed on the island, and over time, the
As indicated in the sampling of waterway habitat enhancement
projects above, Palm Beach County has extensive experience
and success in projects of this type.
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EXPAND RECREATIONAL OPPORTUNITIES AND ECO-TOURISM
Gt
Coast Guard uscd the island as well. Over the years,
visitors used the island for boating and inform;ll
camping,
For nearly two decades, Peanut Island was the subject
of potential n:storation and enhancement by a variety
of entities, including the Riviera Beach Community
Redevelopment Agency, the Port of Palm Bcach,
Palm Beach County, and FIND. Active restoration
designs began in the late 1990s, and by thc early
2000s, the County's DERM took the lead in the multi-
year, $13 million project. Today, Peanut Island has
grown from its original 10-acre footprint to an 80-
.
Peanut Island's restoration projects include shoreline en-
hancement, native vegetation, and the creation of the inland
cove (pictured above) for snorkeling and enjoying the marine
setting.
acre island, offering a natural shoreline for boatcrs
and swimmers, formal camping, snorkeling,
volleyball, trails, and a boardwalk. Water ta..xis provide
Local kayakers and commercial eco-tourism ventures highlight
Peanut Island as a highly desirable destination.
Peanut Island's inland cove is fed directly from the lagoon, as
depicted in the photo above.
access to those without boats. The project also
restored habitat, adding an environmentally-focused
lagoon, oyster habitat off-shore, and native vegetation
on the upland. In addition, to continue its important
~....:'
.' ~;j~J
"
Boat ers from Palm Beach County and the Region flock to Peanut Island on weekends, especially holiday weekends
.,,'\
I,_~ such as the scene pictured above.
DRAFT
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113
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EXl>AND RECREATIONAL OPPORTUNITIES AND Eco- TOURISM
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rule in navigational assistance, ,lccommodation for
future dredge materials \vas maintained on the island
as well,
Thc Peanut Island project has proved to be a
successful and popuhlr destination as the image below
shows. This is at least a partial indication of the
demand for similar facilities in the area.
Further north in the Lake \X1orth Lagoon is Munyon
Island, a recently completed restoration project.
Originally a namral island, Munyon was expanded
from 15 to 45. acres \vith its wetlands tilled with
dredged material during the 1930s and 1 %Os.
\'\/etlands and habitat have been restored with the
excess dredge material being used to fill a dredge hole.
]\:[unyon I sland is a popular destination for canoers,
kayakers, and anglers. Initially, it W,lS envisioned with
camping facilities, but the USACE will not alluw
overnight guests.
,....
The I ntracoastal Waterway and the natural water
bodies that surround it include dozens of natural and
spoil islands. 'I'o expand the eco-tourism
opportunities afforded by these facilities, special
efforts should be undertaken to appropriately
amenitize these islands whcn n:storation projects 'are
designed. I n particular, charn:tte participants
emphasized their desire for camping facilities, staging
areas, and educational kiosks. Improvements such as
these can be constructed with renewable materials,
with light-imprint designs. Multi-stakeholder
discussions should be conducted to idmtify and
prioritize these opportunities.
(tfJ
Dredge Hole Restoration
, ..J
~#~
Dredge hoks are locations in the IC\V when: l11uck
and sediment collect yet are too decp fur sunlight to
penetrate. No vegetation is able to grCl\l,i in these
holes, ,1m! thereforc, thc holes become "ckad zones"
in the waterway. Dredge holes offer the opportunity
for environmental rest( }ration and eco-tourism, Once
thL' sediment on be capped, materials frum dredging
Munyon Island's five-year restoration timeframe has trans-
formed it into another popular kayak destination,
can be used to till the hole. Rocks and native
vegetation provide suitable habitat for oysters and
fisheries. 1\ sampling of dredge holes were
inventoried and analyzed as part of the Lake \V'orth
I.agoon restoration project (see map below).
The most recent dredge hole restoration project is
Snook Island in Lake Worth. Initially formed by the
dredging of till material for thc Lake \y'orth public
golf course, tbe Snook Island project involved the
~. 'j .a t~,,;':~<tYi::-;~~. "~.~~:;. ..;~\f~., f. '\" -
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_,.._....._~ ... .. 'd' .~.~,~."::.:.. (...~,. to(~.t..'.r'ill.d.
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This map, taken from the Lake Worth Lagoon Dredge Hole As-
sessment Study, identifies existing dredge holes within the La-
goon that could become candidates for restoration,
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114 DRAFT
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EXPAND RECREATIONAL OPPORTUNITIES AND Eco-ToURISM
tilling of thesc oft--shorc holes and subscquent
creation of islands that provide ne\1/ habitat. in the
Lagoon. This $18 million restoration projcct was
completed by the County's DERM with varied
funding including FIND, FDEP, and Palm Beach
County. Four mangrove islands and three shoreline
mangrove planters were provided, and seagrasses and
oyster beds have begun colonization. The mangroves
will help prevent shoreline erosion. Current plans
include an extension of a riverwalk from the old Lake
W'orth Bridge to the southernmost island, and
charrette participants suggestcd further
interconnections to other islands as well as rustic
camping sites and educational kiosks.
Charrette partIcipants encouraged the County to
pursue other opportunities for using dredge holes to
create eco-tourism opportunities. i\ strong
opportunity for a subsequent restoration effort lies
north of Snook Island in West Palm Beach. DERJ'v1
has already beh'1.lI1 design concepts for the South Cove
restoration project, which is a highlighted component
of West Palm Beach's marina village. Several dredge
holes exist in this area where sand was dredged to
help in bridge const.ruction, The plan is to cap the
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muck accumulated in the hules, till, add rocks, and
plant native vegetation. The beaches would be s'll1lly
and would offer eco-destinations for non-motorized
vessels,
An early glimpse of Snook Islands' formation is evident in the
above photo. Challenges with this project have already pro-
vided useful lessons for future restoration efforts.
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An expanded recreational role for Snook Island could include pedestrian connections to several islands via boardwalks and rustic
camping sites (shown as wooden platforms in this image), several of which could be accessible only by canoe or kayak.
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I n cI i :t n R i v e r S I. II C i e i\f a r t I n P a 1 ll1 B e a c h
DRAFT 115
EXPAND RECREATIONAL OPPORTUNITIES AND Eco- TOURISM
Education as a Part of Eco-tourism
( ,
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Charrette participants noted the importance of
environmental eduCl1tion as a component of eco-
tourism. It is an opportunity to educate and create
support for environmental efforts. By expanding the
understanding of how protecting the natural
environment will help protect the built environment
and create improved quality of life, advocates and
stewards for n,ltural systems can be created.
Educational kiosks should be provided to explain
how environmental detriments such as dredge holes
and spoil islancls became environmental benefits. J\
system of educational kiosks could be created to
create a self-guided eco-tour of the lCW
Sustainable Technology
,.....
Charrette participants requested that IC\V' projects
use sustainable and green technologi<:s and designs.
In the short-term, this will maximize the potential for
eco-tourism and other tourist activity and minimize
its impacts. Long-term, sustainable m,lterials aod
green technologies tend to produce energy savings as
w<:l1. Charrctte participants strongly emphasized th<:ir
desire for Palm Beach County to position itscl f as a
leader of sustainable planning and practices, a
characteristic that will complement the County's
potential cco-tourism development. Examples
discussed during the charrette iocluded renewable
m,lt<:rials, rustic camping sites on spoil islands, down-
lighting to accomplish "clark skies," and native
landscape materials and xeriscape.
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Palm Beach
DRAFT
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EXPAND RECREATIONAL OPPORTUNITIES AND Eco- TOURISM
KEy FINDINGS AND RECOMMENDATIONS
Palm Beach County has a number of excellent, on-going programs that are addressing and enhancing
eeo-tourism and recreational opportunities in and along the Intracoastal. This report reeommends con-
tinued support for these programs. In addition, the charrcttc noted the public's strong desire for expanded
eco-tourism amenities in conjunction with habitat restoration and enhancement projects, which may re-
quire special inter-agency discussions. Pahn Beach County has a wide variety of stakeholder entities in-
..terested in eco-tourism, including a growing commerc::ial base of these providers, and efforts should be
undertaken to establish a broader dialogue related to this issue. The following specific recommendations
are noted:
Support Habitat Restoration and Enhancement Projects
.
Continue to support spoil island restoration projects like Peanut Island and Munyon Island to
create habitat enhancement, fisheries, and public access where appropriate.
Continue to support dredge hole restoration projects like Snook Island to create habitat enhance-
ment, fisheries, and public access where appropriate.
.
Expand Eco-Tourism Amenities in Conjunction with Habitat Restoration and Enhancement
Projects
.
lnitiate inter-agency dialogue with permitting and regulatory entities to explore appropriate camp-
ing, staging, public access, and informational an1enities to be considered with habitat restoration
and enhancement projects, particularly spoil island and dredge hole projectS:
Expand knowledge of light-imprint designs and renewable materials appropriate for environ-
mentally sensitive areas.
.
Broaden Eco- Tourism Marketing and Promotional Efforts
.
Support the on-going eco-tourism efforts of the County's Convention and Visitors Bureau.
Develop inventory of ceo-oriented commercial vendors in the County.
Enhance existing public interfaces that provide information regarding eco-tourism destinations,
on-going restoration efforts, agency information, and commcrcial vcndors.
.
.
Position Palm Beach County as a Leader in Sustainability and Green Technology
.
Rcquire ceo-tourism improvements be designed for sustainability and constructed with grecn
technologies.
Expand Environmental Education Efforts
.
Consider development of an environmental education kiosk series to be established in ceo-tourism
des tina nons.
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Palm Beach
117
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DRAFT
/.... EXPAND RECREATIONAL OPPORTUNITIES AND Eco-ToURISM
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DRAFT
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MARINA VILLAGES AND WATERFRONT DESTINATIONS
The interface between the waterway and the upland is among the most important aspects of the usability,
access, and celebration of the lC\'<< In addition to individual waterfront uses, this interaction can be
captured in a series of marina villages along the IC~ which was a strong recommendation in the char-
rette. These seven key waterfront destinations vary in size, theme, and context, which is important to
allow each to be successful individually. In adcUtion to these villages, a series of key waterfront destina-
tions can function as water taxi stops, providing additional connectivity between upland and wat er (and
transit). Collectively, these varied waterfront destinations represent a system of access and activity along
the ICW that, with proper planning and connectivity, can provide hrreat benefit to residents, business
and property owners, and visitors to Palm Beach County.
This chapter provides a detailed overview of each of the seven marina villages identit1ed in this report.
Four were on-going efforts at the initiation of this analysis Oupiter, Riviera Beach, \'<lest Palm Beach,
and Boynton Beach), and three additional marina village opportunities were identified during the charrette
(Palm Beach Gardens/North Palm Beach, Lake \'<forth, and Lantana). Each of the seven is ,malyzed re-
garding current conditions, planned improvements, and regulatory condition. In addition, more than a
dozen recommended water taxi stop locations are analyzed for access, ancillary development, and visi-
bility. A series of key findings and recommendations arc presented at the conclusion of the chapter.
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I 11 d I a n R J \' C r S t r. II c j t: A.! a r t i n P a 1 111 B e a c h
DRAFT 119
(
b
MARINA VIllAGES AND W ATERI:RONT DESTINATIONS
MARINA VILLAGES AND WATERFRONT
DESTINATIONS
Marina villages and a variety of waterfront
destinations along the ICW was a strong sentiment
expressed by charrette participants. This chapter
provides an overview of thc individual marina village
projects, including project summaries, regulatory
frameworks, and anticipated time frames for e.lch. In
addition, the chapter also describes those water taxi
stop locations between the villages that provide
compelling and supportive waterfront destinations.
,.
Palm Beach County's historic development pattern
radiated from mostly train statie)n depot towns along
the FEC Corridor within a quarter-mile of
corresponding settlements along the lC\'Y. These
historic enclaves evolved into full-service
municipalities over the past century, with most of
these waterfront communities reaching initial pea~s
in the 1 %l)s, before Palm Beach County's west'..vard
development wave began. Subsequently, as sprawling
land deyelopment pattern shifted new deye"1opment
capital towards raw land, many waterfront
communities with historic downtowns bcgan to
decline, losing investment and population to new
inland settlements in Palm Beach County and across
the State of Florida. The State recognized this trend
in the Imer 19705, with its initial growth management
legislation, and by the 1980s, aggressive community
redevelopment legislation was adopted into Florida
Statutes. Most of the Ie\'\-' "marina villagcs"
identitied in this report have embraced community
redevelopment initiatives. Further, given the
preponderance of existing development along the
IC\X! today, it is likdy that additional marina villages
that cmerge over time will likely correspond with
redevelopment efforts.
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The concept of cre,lting an interconnected series of
m.\rina villages along the Ie\\! in Palm Beach County
emerged indirl:ctly through the development of the
21 st Century Palm Beach County Stratcgic Economic
De\'elopment Plan. 1.:lLIded as an enhancement to the
i'J
West Palm Beach, pictured above, is planning an expansive
marina village along its portion of the lew
County's "tjuality of place," an ICW plan \vas
envisioned to help highlight the various cultural and
entertainment destinations alc>l1g the water\vay with
somc form of water-based transit.
With the inception of the ICW' planning effort, there
was an acknowledgement of the four on-going local
government efforts underway that focused upon the
creation of "marina villages." These multi-year,
complex waterfront redevelopment projects are
located in Jupiter, Riviera Beach, West Palm Beach,
and Boynton Beach. In addition to these efforts, there
were additional "marina village" opportunities
identitied during the charrette, including Palm Beach
Gardens/North Palm Beach (termed "PGA 4
Corners"), Lake \Xlorth, and r .antana, \'{'hile each
village is unique to its context, a point which is
detailed in this chapter, all focus primarily on their
relati~nship to the lC\\-' as a defining feature. The
seven marina villages .\re all a bit cliffcrent, and they
need to remain differentiated to avoid o\'ersatu rating
the market. In this chapter, an oyerview of t'ach
marina village is prcsented from a planning
standpoint, including key project features, land use
characteristics, regulatory framework, and timefrarne,
The four (m-going marina villages (jupiter, Riviera
Beach, \vest Palm Beach, and Boyntun Bc,lCh) .He
also analyzed from an economic perspective in
Chapter 9: Sustainable Ecc lI1C lmics,
T R E ,\ S l: R F, C I) ,\ S T
In(lan River S
120
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Palm Beach
DRAFT
MARINA VILLAGES AND WATERFRONT DESTINATIONS
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As indicated in the map above, there are seven marina villages identified in this report, located along the ICW in Palm Beach
County.
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DRAFT 121
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MARINA VILLAGES AND WATERFRONT DESTINATIONS
The "marina villages" concept is complementary to
th(; notion of a County-wide water taxi system, which
was another strong recommendation by charrette
participants, and the taxi stop network extends
beyond the boundaries of the scven villages. This
chapter also includes identification and analysis of the
various watcr taxi stops identitled between the
villages. Similar to upland transit, the land
use/ transportation relationship, easily charactcrized
as "transit-oriented development" (TOD), is critical
to the success of any transit network. Accordingly,
each of the villages and each of the ~dditional water
taxi stop locations (existing, pending, and
recommended) are analyzed for TOD characteristics.
These lists are not cxhaustive; rather, they simply
rcpresent the inventory of villages and taxi stop
locations that appear appropriate given today's
knO\vledge. With time, additional yillages and
locations will emerge, and each should be evaluated
for its land usc/ transportation relationship,
contextual relationship to its surroundings, and TOD
characteristics.
All transportation networks are characterized in part
by a dispersion of trip attractors and generators, and
the voracity of key destinations are especially
important for transit to be successful. Each of the
seven "marina village" concepts appears to represent
enough critical mass in terms of llses, activity, and
variety to warrant multi-purpose trips for users. As
the sevcn marina villages are locatcd in actiyity
centers, each has good walkability, is included in thc
County's transit nctwork, and some are serviced by
local trolleys as well. Any of these seven villages could
support at least a half-lhly of activities for patrons,
which should enable.: them to be attractive for multi-
modal access (via w,1ter taxis or other transit),
potentially overnight stays where hotel uses arc
available, generating increased economic viekl.
. '
Furthermore, the whole would he ITreater than thc
~
sum of the parts. " as a more complex and intricate
system of origins and destin,ltions along the
waterw,l)', with a reliable and interesting transit
network, should also en,1ble each major destination
to be more successful as well.
Jupiter Riverwalk and Inlet Village:
Heritage and Eco- Tourism
The Jupiter marina village is generally located along
the eastern shorelinc of the IC\v, from the Jupiter
Inlet west and south to the Jupiter Ridge Natural
Arca. Jupiter has a rich archeological history with
Seminole War battle sites and the J Llpiter Lighthouse.
Jupiter also offers eco-tourism opportunities. Jupitcr
is part of the A'-]ll<ltic Preserves of the South Indian
River, which runs from Vew Beach to J Llpiter. The
ICW is also designated as an Outstanding \'(rater in
Florida, and the Loxahatchcc River is designated as a
\,\!ild and Scenic River. The Town has rccently
purchased Fullerton Island but has not identitled a
final plan for the island.
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The Jupiter Riverwalk plan. illustrated above, includes three
distinct sections: the Inlet Village Promenade, a Waterway
Entertainment District. and a Natural Area Map (from the
project website),
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I n d j a n R I \' e r S t I. 1I C 1 e i'd a r t 1 n P a I m B e a c h
122 0 RAFT
MARINA VILLAGES AND WATERFRONT DESTINATIONS
The village is highlighted by the Jupiter Riverwalk, a
2.5-mile multi-purpose recreational corridor, that
interconnects a variety of public and private venues,
The Riven:valk consists of three distinct scctions:
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· a "Natural Area Section," which extends
along the Jupiter Ridge Natural Area from
Ocean \'Vay north for roughly one mile;
.
a "\'Vaterway Entertainmcnt Section", which
runs both north and south of J ndiantown
Road, connecting a major civic plaza below
Indiantown Road, urban entertainment
venues, shopping, dining, public docks, and
formal public access; and
sections I If the Rivcrwalk as well as the I lther mail lr
destinations in the area, A unk]ue feature of the
Jupiter RiVl:rwalk projcct is its proximity to thc
Atlantic Ocean. The castern shoreline of the lew is
less than one mile from the shoreline of the Atlantic
Ocean, allowing users casy peelestrian access through
this portion of Jupiter to the ocean's edge.
The Town of Jupiter envisions a water taxi operation
within the Rivcr\valk and Inlet Village,
interconnecting the project with other proximate
destinations (e.g., Sawtish Bay Park, which is locatcd
along the western side of the JeW', the County's
pending Jupiter Inlet Park). Regarding to an Ie\\!
water taxi, the Jupiter Riverwalk's good variety of uses
and relatively high critical mass indicatc potential for
several water taxi stops to bring patrons into the
project from other orih1ins within Palm Beach County.
In addition to its waterfront destinations and
amenities, Jupiter also has ,1 number of signiticant
archeological and historical assets, and the portion of
ICW in Jupiter has been designated as an
"Outstanding \vaters of the State" as wcll as a
portion of the "\vild and Scenic Loxahatchee River."
These characteristics add to the tourism draw and
distinction quality of Jupiter's Marina Village.
Thc Riverwalk plan graphically illustratcs the threc RI',1J,lIlator,v o VI'/" vie U': In 1998, the Jupiter Town
Council adopted the
US l/Intracoastal \''';''atcrway
Zoning District, which provides
the regulatory framework for the
TO"'/!1 to achieve an active, livable
center with a focus on public
access along the watenvay. The area
is designated in the Town's
Comprehensive Plan \vith a wiele
range of future land use
dcsignations, including resi(kntial,
commercial, conservation,
recreation, and specialty
"Riverwalk" desigrwtions (see
Jupiter future land use map in the
The historic Jupiter Lighthouse is a thematic influence in the Jupiter Riverwalk marina
_~ vii/age. J\ppC'ndix), Especially important
I'd
.
the "1 nlet Village Promenade," which
interconnects those portions SO lith of
Indiantown Road to a planned mixed-use
village district fronting the JeW and its nexus
with the Jupitcr Inlct. Thc Inlet Village
district maintains direct views of the historic
Jupiter Lighthouse and is planned to include
a mix of hotel, retail, and marine-oriented
uses along with an archeological/historical
ccnter and public gathering spaces.
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DRAFT
123
,......
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(JJ
MARINA VILLAGES AND WATERFRONT DESTINATIONS
for implementation, the
entirely within the
Redevelopment Area.
project area is included
Town's Community
Timeframc & Costs: The Jupiter Rivcrwalk is a multi-
phase project that depends on public funding as wdl
as private development for its completion. Three
phascs of the Rivcl\.valk project have been
constructed and are open to the public. These include
a 1,SOO-foot section at ~fangrove Bay along with a
small parking lot; a 1,OOO-foot section atJupiter Yacht
Club that connects Coastal Way and the marina basin;
The Jupiter Riverwalk creates public access along the eastern
edge of the ICW, including a festival space below the In-
diantown Bridge.
and a 1,400-foot section from J Llpiter Yacht Club
north, which includes a public waterfront Events
Plaza, fishing platform, and parking lot below the
bridge. Each of these sections provides public access
to a diverse variety of natural, urban, and retail
conditions along the Riverwalk.
The timing of future Riverwalk phases depend upon
public funding and private rh:vclopment applications.
Total project C( Ists are estimated by the Town to be
in the S25-.311 million range, and capital improvements
includl: construction of Rivcrwalk sl:ctions, public
pla7.as, recreational amenities, water taxi stops, public
docks, canoe/kayak launchl:s, public parking, and
potentially ,1 public marina. The Town has relied on
T I{ F, ,\ S L! R r. C (l ,\ S T
Indian River St
124
Sawfish Bay Park, located on the western side of the ICVY, will
include a water taxi stop funded through the MPO to comple-
ment the Riverwalk and Inlet Village project.
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The Jupiter Riverwalk has created a sense of identity along
the ICVY, providing an amenity for adjacent properties. This is
evidenced by the signage pictured above, which denotes the
location of the residential project "011 the Riverwalk" on its per-
manent signage.
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Palm Beach
DRAFT
MARINA VILLAGES AND WATERFRONT DESTINATIONS
~
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private sector participation, and the Riverwalk has
become an amenity for properties abutting the facility.
;\;lore information is available on the 'T'own's project
website:
http://www.jupiter.tl.us/communitydevelopment
/ community-development,cfm
Palm Beach Gardens and North Palm Beach
PGA 4-Corners : Restaurant/Entertainment
Node
(i
In P.llm Beach Gardens and North Palm Beach, a
marina village opportunity was identified at the
intersection of PGA Boulevard and the IC\v.
Identified with the working title "PGA 4 Corners"
during the charrette, this area rcprcsents one of thc
few non-residential "intersections" along the Le\Xl
that has yet to bc identitied as a marina village by the
local government. PGA 4 Corners is located just over
five miles south of the southern tcrminus of the
Jupiter Rivef\valk project, with solidly residential or
public recreational land uses along both sides of the
watef\vay between these two villages. Between Jupiter
and North Palm Beach (the interface of the
Loxahatchee River and the northern end 'of the Lake
\'(forth Lagoon), the waterway is very narrow,
measuring only 250 feet from bank to bank, versus
the "wide-water" views in the natural portions of the
waterway. Therefore, the planning of these areas is
more delicate, and care must be taken to expand the
public vistas and access made available by these small-
scale marina villagcs.
.,~
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Currently, the properties that constitute 1'(;/\ 4
Corners are fully developed, including four
restaurants - one at each corner of the intersection
(Pananu Hattie's restaU1"<1nt at the southeast corner;
\\'aterway Cafe at the southwest corner; Seasons 52
.1t the northeast corner; and The River I-louse at the
northwest corner). \X;hile three of the rl~staurant
Cl lmers are il11mediatdy surrounded by existing
rl~sidential neighborhoods, the northwest corner
offers l'Clughly 50 acres of mixed-use. including
The four properties within PGA 4 Comers, highlighted in green
in this aerial photo, represent an untapped opportunity to cre-
ate a marina village in the City of Palm Beach Gardens and
Village of North Palm Beach.
additional restaurants, retail, office, multi-family
residential, and a working marina (Soverd l'vlarina),
which was recently acquired by a new marina operator
who plans to renovate thc facility.
The PGA 4 Corners concept introduces an
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This diagram illustrates how infill buildings could help improve
the area with properly-placed buildings, creating an attractive,
walkable environment. The infill of these buildings could also
yield revenue to improve the public realm with landscaping,
pedestrian features, and improved public access.
opportunity to infill the existing suburban contcxt
with stmtegically placed buildings to help crl'ate a
w<llkable, mixed-use district. The plan maintains the
T R I'~ ;\ S l; R I;. c: () ,\ S T
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DRAFT 125
~ ~
MARINA VILLAGES AND WATERFRONT DESTINATIONS
~
existin\r, successful rcstaurants and marina SUlTlrcstinlT
~ ' t"'tb M
new building locations that improve the relationship
of the four corner properties with their residential
neigh lJOrs.
.
At the soutl1\vest corner, on the site currently
occupied by Watenvay Cafe, the plan suggests
a new I.-shaped building along the
southwestern corner that could contain
residential units along the canal. Small mixed-
use buildings with residential, office, or small
retail uses are also shown on this site to help
define the edge along PGA Boulevard.
.
At the southeast corner, on thc site currcntly
occupied by Panama I-Iattics, there is a
significant change in elevation - at least 20
feet - from the PGi\ Bridge to the Panama
Hatties property. This change in grade allows
for a parking deck to be constructed on site,
with upper-level buildings that could contain
retail, oftice, or residential uses, constructed
at the grade of PGA Boulevard and Ellison
\X/ilson Road, improving the edge relationship
of this pruperty with its street frontage. The
existing restaurant uses would remain;
however, the buildings would be
reconstructed to accommodate the parking
deck. The multi-deck parking structure would
providc sufficient p,uking for both the
restaurant as well as the addition,tJ new uses,
which could capitali7.e thc costs of the
additional parking.
" ..
~
.
At the northeast corner, on the site currently
occupied by the newest restaurant, Seasons
52. the plan suggcsts the intill of two smaller
buildings at thc c()rncr of PGi\ 13ouh:vard
and Ellison W'ilson Road to establish an edge
for this property, improving thc aesthetics of
the corner and crcating a more comfortable
condition fur pedestrians. These buildings arc
proposed as predominantly residential with a
small amount of omce at the corner of PG,\
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T J{ E .\ ~ I; R I~, C (l .\ S T
Indian Rivcr St
126
The SE comer of PGA 4 Comers currently includes a water
taxi operation at Panama Hattie's restaurant, which is pictured
above.
Boulevard and Ellison Wilson Road.
.
At the northwest corner, on the site currently
occupied by The River I-louse restaurant at
the Soverel Marina, the plan suggests the
retention of the existing restaurant with the
exp,lnsion of the existing marine uses. Along
the ICW in Palm Beach County, working
waterfront uses are in short supply, and
participants in the charrette s tr(>11glr voiced
concerns about their continued depletion. To
maintain this valuable asset, the plan suggests
the retention of the current working
\vaterfront uses on the propert.y. This
includes expanding tbe dry storage facility to
house the nearly 150 boats that arc kept
around the grounds. The relocation of tbese
buats into a new storage facility would frce-
up a signiticant portion of the site for
redevelopment. The charrette proposal
includes new residential uses, hotel suites,
marine-related services and sunclries, and thc
cuntinuation of a public prom<.:nade along
the basin that would connect into the
rivcrwalk.
.
The restaurants operating at e:lch of the Four
corners currcntly maintain docking facilities
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Palm Beach
DRAFT
MARINA VILLAGES AND WATERFRONT DESTINATIONS
()
for use by patrons. In addition, there is a
water taxi currently operating at the southe.1St
corner. With the PGA 4 Corners, water taxi
stopS could be expanded to each of the four
corners with increased demand from
redevelopment.
appears there is sufficient room to formally
interconnect the northern properties with the
southern properties belm\:' the bridge span. Patrons
currently walk bct\veen the properties and, with
formalization of this space, the properties could be
better and more safely interconnected, with the most
available room on the \vestern side of the lC\Xi. In
addition, the PGA bridge touchdowns limit the ability
for pedestrians to access these corner properties. Tn
improve access, the bridge could be improved with
tower staircases, leading from the potential riverwalks
below, up and over the bridge. These tower features
could improve the appearance of the bridge itself,
and the added pedestrian circulation \,vould improve
There arc strategic improvements necessary within
the PGA 4 Corners for the public to gain improved
access to the I C\XZ Interconnectivity bet\vcen and
among properties is a critical component for
successful mixed-use settings. Accordingly, there arc
several interconnections that could be created to
enhance the success of the PGA 4 Corners. It
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The recommended design and scale of the PGA 4 Corners should be appropriate for the setting, ranging from two to four-story
buildings with architectural materials that correspond to a waterfront setting. This particular image illustrates new hotel suites
facing the marina basin, fronting a public promenade.
'.J
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DRAFT
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MARINA VILLAGES AND WATERFRONT DESTINATIONS
pcdestrian acc~ss to thc lC\'\-', strcngthening the
connection of the waterway to users in the area.
Regulatory Overview: The PGA 4 Corners concept
is a new idea that emerged in the charrette.
Discussions with sevcral property owncrs indicated
interest in furthering the concept. The properties
currently are within two jurisdictions (thrc:e in the City
of Palm Be,lch Gardens with Panama Hattie's
restaurant in unincorporated Palm Beach County),
but all are assigned Commercial future land use
dcsignations (see 4 Corners FLU map in the
Appendix). There are a variety of regulatory
mechanisms the City and County could utilize if they
wish to pursue the PGA 4 Corners concept. These
include development of a marina village master plan;
creation of a specialty ovc:r1ay zone (e.g.,
marine/waterfront overlay zone); establishment of a
special district for land development; and financing
to capture revenues generated through
redevelopment to reinvcst .in public amenities for the
district. It should be noted that for this project to be
successful, careful regulation will be nccessary to
ensure buildings front the Ie\\;! as well as the roadway,
and a high degree of architectural detail. Materials
should be reflective of thc watcrfront location of the
project.
Timeframe: The properties identified for potential
rcdevelopment into the PGA 4 Corners concept are
all privately owned; therefore, the implementation of
this concept relies on private interest in the concept.
If the City of Palm Beach Gardcns and Palm Beach
County want to establish the types of regulatory
mechanisms suggested in this repurt to encourage
and incelltivize redevelopment, it is likely a twdve- to
eightecn-month timdramc would bc necessary to
develop ,1nd refine a master plan, compn:hensive plan
amendments (if l1l~e(lecl), overlay zone, and special
district designation. The public amenities envisioned
fill' this marina ,'illage could include pedl.:strian
~-acilities, public plazas, riverwillk sectiuns, and
improvl.:d public docbgl.: with water taxi docks. Cust
estimates wuuld recjuirc mure detailed planning and
tinancial analysis.
Riviera Beach Marine District:
Redevelopment Mixed-Use Marina Village and
Working Waterfront
Project Summary: In October 2007, the TCRPC was
asked to do a charrette for the Riviera Beach
Community Redevelopment Agency's (eRA) existing
Plan. For a variety of reasons, the implemcntation of
the existing eRA plan (known as the Inlet H,ubor
Plan) had comc to a halt. During the charrette, the
portions of the Riviera Beach \vaterfront south of
Blue Heron Boulevard were named "Marine District
North," and "j\larine District South," A major
The image to the left. developed during the Riviera Beach
charrette, illustrates "Marine District South. .. Public spaces are
concentrated in the northern portion of the area, including
Newcomb Hall (A), Bicentennial Park (B), and a Marina Plaza
(e), with marine uses located to the south (new marina build-
ing and parking (0 & E) and new dry storage (F). Private uses
are concentrated to the west of the area, off the waterfront,
creating a pedestrian-friendly edge along Broadway Boulevard
(Federal Highway) as well as the east/west street network.
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DRAFT
MARINA VILLAGES AND WATERFRONT DESTINATIONS
l
Riviera Beach's "Marine District North." as illustrated above. highlighted public accessibility to the water as a key feature in this
mixed-use urban redevelopment area, The image to the right illustrates the areas available for marine industrial uses (highlighted
in purple),
~
()
component of the eRA plan, and indeed a significant
asset to the community, is the city-owned Riviera
Beach i\tarina and adjacent Bicentcnnial Park, both
of which are in the l\Iarine District South area.
Although the marina needs repair and Bicentennial
Park has been neglected ova time, together they
represent an enormous opportunity for marine- and
community-related n:devdopment. The Citi7.ens'
Master Pbn de\'eloped during the 2007 charrette
illustrates a detailed plan for this area. Key features
include a refurbished Bicentennial Park, a public
promenade along the water's edge facing Peanut
I sland, new wet and dry boat storage, marine-rdated
services and retail, rest,lurantS and shops, residential
units, and structured p,\rking. f .inking the existing
community to these amenities through existing public
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streets and vistas was paramount to the desihrfl of this
area. t\dditiunally, the design team looked to very
compact, urban waterfronts found in Europe as
precedent for combining this great variety of uses in
a world-class manner,
The Marine District North area (from 17th Street
north to 22nd Court) includes the new i\Ioroso boat
slips being developed by Palm Beach County ,15 well
as the Rybovich Marina. Like the ]\hrine District
South, a detailed plan was created to ensure compact,
multi-use, urban redevelopment that ensured
connectivity of streets and public accessibility to the
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Indian Ri
DRAFT
129
8
/'~
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SUSTAINABLE ECONOMICS
I
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The economic role of the Intracoastal Waterway in Palm Beach' County, both on the waterWay and along
its shoreline, is of considerable focus in this analysis. ,The Intracoastal is a unique asset for Palm Beach
County, providing broad and vaned strenbrths for r,ransportation, freight, boating, industry, and quality
of life activities that can help differentiate,. expand, and sustain the County's economy. The development
and expansion of marine -related businesses and services offers great potential for the County, especially
. in relation to the Port of Palm Beach and potential megayacht cluster. Thi~ section, therefore, provides
a market analysis of long-term economic development potencial along the lCW in Palm Beach County.
J
In addition to economic potentials for varying industrial job clusters at the macro level, the Intracoastal
also offers nodal economic development opportunities at various marina village projects along the
waterway. Accordingly, this chapter provides a micro analysis of the opportunities presented by five of
the seven marina villages detailed in Chapter VlII (1vfarina Villages) of this report. \'Vhile additional data
is necessary to fully analyze the potential yields of these projects, they clearly offer significant job and
revenue prospects for the individual local govcrnmcnts and Palm Beach County overall.
Key findings and recommendations regarding the economics of the waterway are presented at the
conclusion of the chapter. i\ holistic approach is encouraged, acknowledging the need to balance the
natural and built environment systems and the settlement patterns that have already been established in
and around the IC\'V corridor. i\ public/private working waterfronts commission is recommended to
help oversee land use, transportation, and industry development, along with marine district overlays,
workforce training, and expanding the understanding of the industry.
.)
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T R E ;\ S l: R E
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151
DRAFT
MARINA VILLAGES AND WATERl~RONT DESTINATIONS
() Require Proper Land U sejTransportation Relationships for Individual Waterfront Destinations
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Consider transit-oriented development principles when locating and designing water taxi stop
locations.
Place special emphasis on natural surveillancc of water ta.'ti stops locatcd in ncighborhoods.
.
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1'1(1
DRAFT
MARINA VILLAGES AND WATERFRONT DESTINATIONS
I
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KEY FINDINGS AND RECOMMENDATIONS
The lCW study has identified a series of seven mat;na villages along the waterway with a number of
interspersed waterfront destinations. Individually, these destinations provide economic enhancement,
IC\V acc'ess, and quality of life enhancement for Palm Beach County residents and visitors. Collectively,
they represent the opportunity for an interconnected series of waterfront destinations that could be
interconnected both from the upland and water, creating the potential to further elevate Palm Bc~ch
"Countyas a-world~cl~ss destination. The following recommendationsare intended to support and enhance J
the development' of th,e ma.t,-ina villages and waterfront destinations for the JCW
Organize'and Sup'port a System of Marina Villages'
.
.'
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.
.
.
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Support the development of on-going marina village efforts in Jupiter, Riviera Beach, West Palm'
Beach, and Boynton 13each. .
Encourage th~ analysis and development of appropriate marina villages in other locations, such
as PGA 4' Corners (iri~alm Beach Gardens/North Palm Beach), Lake Worth, and Lantana.
Ma~ntain differe'ntiati?n between 1l}arina villages to prevent oversaturation of the market. .
As marina villages are established, develop common advertising and branding, particularly for
villages with hospitality clements (within or nearby).
Developcommon elements within marina villages to enable identification as a "system" (e.g.,
sigriage, landscape materials, water taxi stops).
Ensure mari~a villages maximize intermodal connectivity with all forms of upland transit as well
as waterborne ,transit.
Create incentives to retain "signature" waterfront uses and structures, such as transfers of
development rights and public/ppvate partnerships.
,
-
Develop Design Standards for Waterfront Development within Marina Villages
.-
.
Encourage mixed-use development to promote natural surveillance.
Support proper building placement arid transitions such that building fronts face other fronts.
Require waterfront buildings to architecturally front or otherwise engage the waterway as well as
the inland.
Reduce the impact of parking, especially along the water's edge.
Promote buildings that are contextually sensitive to their surroundings with appropriate height
and scale.
Maintain and expand public access to and within marina villages.
Develop building styles and uses that embrace and enhance working marine uses.
Encourage the use of genuine architectural styles and materials.
Promote sustainability and green building standards for structures and improvements.
.
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DRAFT
149
MARINA VILLAGES AND WATERFRONT DESTINATIONS
g Public Access
Public access to waterfronts and nlanna villages
should be paramount \vhen designing these
destinations. When:ver possible, these points of
public access should be combined with upland public
open spaces like plazas and squares.
Marine Amenities:
The redevelopment of marina village areas cannot
usurp fundamental marine-related facilities. As stated
earlier, any redevelopment efforts should add-to and
enhance existing marine activities.
Architectural Style
.
Any architectural style decmed appropriate for a
marina village should be applied in a manncr true and
consistent with thc acceptcd compositional elements
of that style. For example, the Florida Vernacular
architectural style, and its traditional details, is
appropriate for a tv/o- to three-story building but not
a ten-story building.
Green Building Standards
There is a grO\ving emphasis nationally
and world-wide towards sustainable and
grcen building standards which consume
less el1l~rgy, create lower impact upon
their surroundings, intl'gratl' recycling of
stormwawr ancl other materials, and
maximize the use of renewable materials.
EftiHts should be taken to maximize the
green building cumposition of structurl'S
and designs within marina villages.
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MARINA VILLAGES AND W ATERl~RONT DESTINATIONS
Architectural and Design Considerations
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destination stop. bringing vIsItorS to this uniclue
recreational and educational facility. The park's
limitcd hours of operation would limit watcr taxi
service hours, which should keep visibility of the
service high with other uscrs of the park. The second
recommended location involves a recommendation
from the City of Boca Raton's North Federal
Highway Plan (developed by TCRPC in 2005). The
plan recommended construction of a park in
conjunction with a publici private redevelopment
project at the southeast touchdown of the bridge
over the L-51 canal Gust north of Hidden Valley
Road). I f developed as a public park, a water taxi stop
location could be integrated into the site, providing
easy pedestrian access for nearby residential
neighborhoods. The stop could also be serviced by
transit on North Federal Highway, but the size of the
property would likely limit ()!1-site parking. Care
should be taken to ensure new uses on the property
front the park and will likely be residential given the
size and location of the site, which would incrcase
natural surveillance.
.
Further south in Boca Raton is another
recommended water taxi stop at Silver Palm Park,
which includes boat ramps, parking, and limited
passive recre.ltional amenities. This location could
also provide easy pedestrian access for residents and
would be accessible by transit; however, parking
would likely be limited for taxi patron use. The
property is adjacent to Palmetto Park Road and
North Federal Highway, both of which provide a mix
or- active uses, and the park is somewhat visible from
these adjacent roadways. Finally, in southern Boca
R.uon, a water taxi stop is recomm<:ncled at the Boca
Raton Hotel, klc.uecl on EI Camino Real along the
western side of the lC\\i: This upscak- property
includes dockage along the waterway, and charter
serviccs currently providc waterborne accesS for hotel
guests, The docbge facilities are monitored by hotel
staff, and a mix of lIses exists on the site. Use of
water taxi service at this location would likdy he
limited to hotel guests and patrons.
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As each community further rdines its vision for the
marina villages, architectural and urban design
expectations must be defined. Building heights and
placement, building and parcel uses, parking
quantities and location, and the detailing of public
spaces should be clearly articulated and codified
within each jurisdiction. The m:J.ssing, uses, and
architectural form of each village may be dramatically
different from one community to the next, so it is
import~ll1t that each jurisdiction establishes what is
appropriate for its area. That said, the following are
critical elements that should be consistent for all
marina villages:
Building Placement
All buildings have both fronts and backs, and under
no circumstances should the front of one building be
exposed to the back of another (typically this is where
buildings are serviced). Buildings should always front
and ddine public spaces, which can include streets,
parks, paseos, promenades, .1l1d courtyards. \X1hen
located on the water's edge, buildings should be
designed to front or otherwise meaningfully engage
the waterway as well as the uplancl.
-'"
-"
Parking Placement
Parking is and will continue to be essential in the
marina villages. Huwever, parking should not be the
most prominent feature. Parking should be in close
proximity to destinations but shielded by buildings
and garden architecture wherever possible, Parking
structures shuuld be fully ]in<:d with habitable uses.
Building Height and Massing
Appropriate building height and massing will be
defined hy each jurisdiction. Proposecl huildings
should he contextually sensitive in their scale and size.
~
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Palm Beach
147
DRAFT
MARINA VILLAGES AND WATERFRONT DESTINATIONS
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Located along the eastern side of the ICLtv, the Gumbo Limbo
Nature Center could offer an interesting water taxi stop loca-
tion to allow access to the facility. As illustrated in the map
above, the Center has a number of walkways and trails that
travel along the watelWay.
model of downtown redevelopment. Although the
core downtown embodics the IC\1V' within its
boundaries, the lC\V' is but one of manv t~lctorS that
have led to the area's success. If the Ci~' so desired,
it is reasonable to assume Delray Beach could become
a strong marina village, urban in naturc, with a
differentiated programming orientation.
\'V'ithin the core of Delray Beach, there is a water taxi
opcration currently in service that provides
sightseeing cruises on the ICW The ticketing for this
service is located in a kiosk in Atlantic Plaza, a public
waterfront pla7.a adjacent to Atlantic Avenue, which
serves ,1S Delray's main street. This passive
recreational setting includes pavilions, parking, and
clear views through to the lew It is also easilv
accessed by pedestrians, vehicks, and transi~,
including the City's trolley as well as a future FEe
passenger transit station a fc\v blocks awn\' in the Cl Ire
downtown. Delray's strong pedestria~ character,
int.errnodal service, and traditional urban form allow
this water taxi stop location to function safely and
effectively. .
Two additional ~"ater t.axi stop locations are
n:col11mended along the IC\',' in the vicinity of
Delray Beach, The tin;t is north of [)elrav ir; t.he
Town of Gulfstn~am, north of Atlantic i\Vl'l;ue. This
vacant property is ownl'd by FI N D and located on
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146
R E c; () 0-
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the western shoreline of the Jew. It is some\vhat
surrounded by exist.ing residential and commercial
development, limiting thc visibiJjty of the site. It
could potentially be utilized for limited service water
taxi operations, especially for seasonal events, with
stabilized parking 1m-site and dockage facilities while
remaining available to FIND for spoil placement or
other USeS. The site's location would provide easy
access to destinations north and south. Ultimatelv if
.'
the site becomes developable for recreational, public,
or any other use, given the limited number of water
taxi stops, it would be IJl~neficial for the site to include
a permanent stop as well as public access to the
waterway,
Moving south past thc existing Atlantic Avenue site,
the next site identified by participants is at the westcrn
touchdown of the Linton Boulevard bridge over the
ICW in Delray Beach, Property appraiser data
indicates this vacant sit.e is owned as a government
spoil area with a land use designation for opcn
space/ conservation. i\lthough difficult to access by
vehicle, the site provides easy access surrounding
residential neighborhoods. \X/hile the Gulfstre:1m site
<.
is of sufficient size to accommodate parking, parking
would be more limited at this Linton Boulevard site.
It nonetheless possesses good visibility and non-
moturized access. Leadership by local government
will be necessary to gain formal public access on this
site and potentially transform it into a more
developed passive recreational facility .....vith water taxi
dockage.
The southern-most \vater taxi stop locations
identi~ied in this rl'port are in Boca Raton, including
the Gumbo Limbo Nature Center on the cast side of
the lC\Xf; a currently vacant but potential park
property at t.he intersection of NlJrth r;'ederal
Highway and thc L-15 canal; Silver Palm Park at the
southeast touchdown of the Palmetto Park Road
bridgl' over the 1 C\\'; and the Boca R,non Hotel I >n
I -:] Camino Real.
The Gumbo Limbo water taxi stop could scrVl' as a
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Palm Beach
MARINA VILLAGES AND WATERFRONT DESTINATIONS
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could access the site via foot, bikt:, or transit.
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The second Lake Park location identitied by charrette
participants is [(elsey Park, a well-developed public
waterfront park at the eastern end of Park Avenue.
This park has good visibility from l1t:ighboring uses
and Federal Highway, but no docking facilities
presently. Park Avenue runs west, tlanked by historic
residential neighborhoods, to become the Town's
main street, which provides an interesting transit
oppcH.tunity. During the charrette, participants
suggestcd a trolley (or other form of transit)
travelling a route from downtown Lakc Park
(potentially including interconnectivitT with passenger
transit service on the FEe rail corridor), e,lst to a
watcr taxi stop in Kelsey Park. These two possible
water taxi stop locations are reprcsented in
Recommended Network of \X!ater Taxi Stop
Locations map.
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,"
1n central Palm Beach County, the most active water
taxi stops are located near Peanut Island. To the west
of the island, Riviera Beach's water taxi stop locations
are located \vithin the City's marina village. To the
east, Sailtish Marina's existing water taxi stop is
located within the Town of Palm Beach Shores, at an
active, heavily-used, mixed-use marina.
Moving south into West Palm Be,lch, two park
locations offer oppurtunities for water taxi scrvice.
The tirst is Osprey Park, ,1 newer small neighborhuod
park located at the eastern end of 50th Street near
the City's historic Northwood district. This park has
good visibility through to the I C\X: and its :!.menities
include a playground, pavilions, canoe/by:!.k launch,
,lnd passive fe,ltures. It is cmbedded within a
n.:sidt:ntial neighborhood, t:.asy walking distance from
sever:.ll hundred homes, and has little parking. \'('ater
taxi service at this location could serve the
surroundin~ residential neilthborhnods ,15 an orittjn
, n" M
station, but the volumes \\'ould be limited by the
park's upland access. ;\ second \\'est Palrn Beach
location is Currie Park, a hlrgLT, active waterfront park
located 11( Inh of Palm 13c,ICh ] Jakes Be lull'v,lrd. (:urrie
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The City of West Palm Beach will include water taxi docks
among other renovations (illustrated above) in Currie Park,
which is located between the West Palm Beach and Riviera
Beach marina villages.
Park includes the Palm Beach Maritime j\Iuseum,
which operates a ferry to Peanut Island from this
location, active recreational uses, and special events,
\X.rater taxi docks will also be installed as part of the
park's continuing rcnovation (the City's conceptual
park plan is included. above). The park has good
visibility and easy access for pcdestrians, bicyclists,
and vehicles. Expanded use of this site for water taxi
service would providc access to the dense residential
neighborhoods surrounding the park as well as enable
access to special ev<:nts an this location.
~
.
-"
Delra)' Beach is nadonally identified as a superior
Osprey Park, a relatively recent park constructed by the City
of West Palm Beach, could provide water taxi access for sur.
rounding residents,
~
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P a 1mB
T R I': ;\ S (: R I~
[ndian Ri
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v e r S t
R E c; I I) N ,\ I. P L .\ ~ N
[, II C I e Mar tin
N C I I.
e a c h
DRAFT
145
MARINA VILLAGES AND WATERFRONT DESTINATrONS
c.
network of water taxi stop locations is illustrated.
The larger shaded areas highlight the marina villages
while the interspersed taxi stop locations arc denotcd
with varied symbols (according to their status as
existing, pending, or recommended). Aerial photos
of each of these stand-alone destinations arc included
in the Appendix.
In this section, each of these stand-alone water taxi
locations is evaluated for its context, access, and likely
function~dity for transit service. j\s additional
locations arc identified over time, each should be
analyzed in a similar manner to determine their
appropriateness for transit use.
1{jJI
In the north County area, most of the water taxi stops
are within the Jupiter marina village, except for
Jupiter's Sawfish Park (on the west side of the lCW)
and two County parks in Junu Beach (Bert \X/inters
Park on the east side of the leW along Ellison
<.
Wilson Road and a proposed County park also on the
east side, north of Donald Ross Road). Both of the
existing park properties offer lighted parking areas,
and all sites are easily accessible by pedestrians,
bicyclists, and vehicles. The existing parks are also
embedded in fairly well-devdoped areas. Sawfish Park
is relatively narrow \\lith easy visibility through the
park from lndbntown Road to thc IC\'V; however,
Bert \'(linters Park is heavily vegetated with no
visibility from the abutting roadway to the water's
edge. Similar vegetative screening will likely exist at
the pending County park just north ()f Donald Ross
Road. W'ith limited visibility, and with the absence of
other uses (residential, commercial) fronting the
parks, neither of these settings will offer natural
surveillance from a mix of uses in the vicinity of the
Iikdy water taxi stop locations. Daytime use of water
taxi stops will occur concurrent with regular
recreational use of these parks, offering natural safety
and observation; however, after-hours use may
warrant additional surveillance by municipal patn'jls.
t\!o\'ing south along the waterway, the next stand-
alone water taxi stop locatiun is recommended within
:I
In Lake Park, a future water taxi stop is recommended either
in the municipal marina (imaged above) or as part of Kelsey
Park, which is a centrally-located public waterfront park (im-
aged below),
the Town of Lake Parle There are two possible
locations within the Tl)wn where a water taxi stop
could work; however, the Town's small population
and geugraphy would likely warrant only' one stop in
this general area. The first stop to consider is the
easiest to implement - the inclusion of the Lake Park
m,lrina as a water t:lxi stop location. This municipal
marina is located east of Federal Highway, at thc end
of Silver Beach Road, on the western shore of the
waterway, and is easy walking distance from
neighboring residential and commercial uses. Recently
renovated, Lake Park l\tu-ina is an active marina with
good visibility and n;ltural surveillance from
neighboring residential lIses. The limitation in this
location will be the marina's limited parking, but llsers
T 1\ 1-: .\ ~ l; 1\ I', C () ,\ ~ T R I'. (j I ( ) ~ i\ I. P I. i\ :\ :\ '" (; C () L' :\ I; f I.
1 d j R S I. , "I i P I B h
n a n I v e I' 1I C I e a r t n a 111 e a c
144 DRAFT
MARINA VILLAGES AND WATERFRONT DESTINATIONS
a.
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. HIII.bolo BI.d
The Recommended Network of water taxi stop locations includes marina villages as well as additional stand-alone water taxi
stop locations. Outside the marina villages, for the interspersed stops to function safely and effectively as transit stops, careful
consideration should be given to their planning and design, particularly with regards to a mix of uses and building orientation
such that natural surveillance will occur in these settings.
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I n d i :1 n R i v e r S L u C I e i\.J a r t i n p a I m 13 ~ a c h
D RAFT 143
(~
of
(Jill
..,
MARINA VILLAGES AND WATERFRONT DESTINATIONS
become more urban in its appearance
with taller buildings, streetscape
improvements, and reconstruction (see
eRA concept plan on next page).
.t.
..
R~gul(Jlory O/Jemiel1': The entire Boynton
Beach marina village project is within
the boundaries of the Boynton Beach
eRA, which is the lead agency for its
implementation. The properties are
currently desit,'11ated mixed-use and
mixed-use core in the City's
Comprehensive Plan, ancl zoning
regulations permit up to 150 feet in
height and 80 dwelling units per acre,
the highest permissible height and
dcnsity among the seven marina
villages.
Taken from the eRA's recent Downtown Master Plan (2007), the image above in-
dicates the type of scale and aesthetics envisioned for Federal Highway and
Ocean Avenue (looking south on Federal). At build-out, this area could offer strong
pedestrian and multi-modal connectivity to the marina village (left-hand foreground
in the sketch) and the TOO District idealized along the southern boundary of
Ocean Avenue.
Titlleji-rJIJ/e: The Boynton Beach marina
project is well underway with a likely
twenty-year build-out. The City's fOr\'vard-thinking
acquisition of several key waterfront parcels enslires
the project will contain significant public waterfront
access as well as the working waterfront uses. \vith
several private redevelopment projects recently
completed, the market's rccovery will dictate the
timing for the c()11tinued infill and redevelopment of
private parcels to complete thc urban envelope. As
t.he development moment.um moves west across
Federal Highway, the Ocean Avenue parcel, which the
eRA has identitied as a TOD district in its
Downtown .Master Plan, could be catalyzed by
progress on the FF~C Corridor study. In this locatjon,
the CRt\ could partner with the property owner
and/or other puhlic agencies (e.g., FDOT, l\IPO) to
construct a parking structure that could providc park-
and-ride support for the City's trolll:Y, Palm-Tran, the
futllre FEe passenger transit shltion, and the m,uina
village.
l\lore information is av,lilablc at the Boynton Beach
eRA's websi te:
T I{ 1--: .\ :-, li I{ ~:, C U ,\ S T
Indian River S
14~
http://www.boyntonbeachcra.com/
Other Key Waterfront Destinations
Interspersed between the marina \'iIlages are a series
of water taxi locations, some existing and some
recommended by this plan, which are cunsidered key
waterfront destinations in this report. This list is not
meant to be static; rather, it is an inv<:ntury of what
appears to constitute best water taxi stop locations
given thc public input and best available data at the
time of this report. These destinations provide a
mobility network to the waterway for pedestrians,
bicyclists, vehicubr, and transit users, en.lbling access
to the waterborne taxi system that could interconnect
the cntire County. Some uf these additional
waterti.ont destinations are loc,lted within appropriate
transit-supportive settings (such as cl()~.ntuwn Delray
Beach), while others may rel]uire additiunal planning
and lk'sign to ensure thei r safet)' .1I1d success as transit
nodes. ()n the following page, the rl:commended
R I-'. c; u :-- , \ I. P I. ,\ :-- :-- I ~ (, c: II L; :--: C I I.
I. u C I e M .[ r t I n P :l I m B e a c h
nJ)A~T
MARINA VILLAGES AND WATERFRONT DESTINATIONS
()
from the marina village, and OCl:an Avenue provides
a bridge crossing over the IC\'(i to .lCcess the barrier
island.
The key components of the Boynton Beach marina
village include:
.
Boynton Harbor l\farina (formerly Twn
Georges l\;farina), which was purchas<:d by
the eRA along with an adjacent waterfront
parcel. This public marina provides
commercial dockage for fishing and diving,
fuel docks, public plaza, marina facilities, a
dive shop, public access to the IC\\~ and the
critical opportunity for working waterfront
uses to continue.
.
The "Boynton Bcach Promcnade" project, a
public, multi-agency restoration and
enhancement effort that includes a
signiticant restored mangrovc preserve,
stormwater enhancements, and an artistically
shaded walkway to the water's edge, seating,
and passive recreational space as well as a
special events venue.
It)
.
t\n upland environmental enhancement,
lv[angrove Park, which includes a stormwater
retention pond, public park, and is adjacent
to the mangrove preserve.
.
i\ concentration of higher-density, multi-
story mixed-.use projects (some existing,
somc pending) which could provide several
thousand residential units in the core area.
1)"
i-...
'.. "
The Boynton Beach m.uin.l vilbge includes fairly
strong intcrmodal connectivity. Thc CRi\ operates a
local trolley service with several routes, twO of which
utilize the marina village as a transfer location. The
trolley, as well as Palm-Tran, offer connl':ctivity to the
Boynton Beach Tri- Rail station which is located
several miks .1W,l)'. In addition, Ocean Avenue, at thc
southern edge of the marina village, is a potential
futun: PEe passenger transit station, located only a
few blocks iwm the marina village. The general area
surrounding t.he marina village is in a state of tlux,
with several mixed-use redevelopment projects on
hold given recent market tluctuations. \X'hen those
projects are completed, the area will contain a
signiticant population density within a relatively
compact area. The roadway network is envisioned to
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The Boynton Beach marina village includes a mix of uses,
commercial dockage, environmental enhancement, and an
urban scale of development within 1.3 miles of the Boynton
Beach inlet. In the photo above, the Marina Village towers are
visible adjacent to the now CRA-owned Boynton Harbor Ma-
rina.
J
Boynton Beach's Promenade project. pictured above. includes
stormwater improvements, mangrove restoration, and passive
recreational access to the ICW.
,
_./
DRAFT
I. ;\ ~ ;\J ~ c; c: ( ) l' N C I I.
r t I 11 P a I m 13 e a c h
141
T R I'. .\ S l.: R E C () .\ S T
Indian Rivcr St
H. I,: (; I () ;\J ,\ I. P
LUCIe i\Ia
MARINA VILLAGES AND W ATERI~RONT DESTINATIONS
1--
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...."
with a potential FEe passenger transit station
abutting Dixie I-ligh\vay.
The Lantana Bridge provides access to the barrier
island, which should provide a convenient population
of aftluellt patrons for Lantana's ultimate
n:development.
Beyond the Downtown Master Plan boundaries
identified in the Town's plan, the boundaries of a
marina village in this location could easily extend west
to US1, which is less than a third of a mile from the
tip of the peninsula. The Lantana marina village
could also extend north to include The Moorings,
which is a relatively new mixed-use waterfront
project, and south for several blocks.
f"
\JI
Although a water taxi stop has not yet been identified
in this location, the ongoing redevelopment efforts
seem to position this area as a strong candidate for
water taxi service. The mix of uses, urban building
patterns, and good visibility through the park
properties to the 1CW arc characteristics that should
allow taxi service to operate successfully in this
location. The neighborhoods are small-scale
pedestrian-friendly, with improved \-valkability
possible through redesigns and enhancements such
as those suggested in the Downtown i\Jaster Plan. In
addition, a potential future FEC transit station along
Dixie Highway can provide enhanced multi-mocbl
interconnectivity for the area, along with other transit,
enabling easy access to and from this destination.
'. .:-/
R~g"ltftoIJJ O,'er/Jil'}J': The properties within and
adjacent to the proposed Lantana marina village are
a mix of public, commercial, residential, and mixed-
use future land use designations (see Lantana future
land use map in the Appendix). The "Public Point"
is owned by the Town and maintained ,15 a public
park, with additional enhancements identified in the
Town's Downtown [',-Iaster Pbn. The Town has also
developed Downtown Design Guidelines, intended
to preserve the '-Iuaint scale, genuine architecture, and
mix of uses promoted in the Downtown 1\laster Plan.
Colltinued rcch:velopmellt per the Tuwn's plan, .1S well
T It I'. .\ S l R I'. C II .\ S T
Indian River S
14()
as the evaluation of an extended manna vilbge
district, will require additional planning ,1l1alysis,
which may include amendments to the Town's
Comprehensive Plan and land de\,e1opmcnt
regulations.
TiIl/~/i"rll1le: The Town has already developed a
Downtown Master Plan, which includes many
improvements that will enhance the marina village.
Consideration of these and other improvements (e.g.,
a water taxi dock, a broader redevelopment plan) will
Visible in the aerial photo above is the relatively compact area
west of the "public point" which is Lantana's core downtown
area, located within easy walking distance to the park proper-
ties at the tip of the peninsula.
rec]uire consideration by the Town Council for their
funding and implementation.
Boynton Beach - Mixed-Use Marina:
Urban Working Waterfront and Entertainment
Node
Prqjl'd .flll/il/Illt:!!: The Boynton Beach marina village
has been a component of the City's community
redevelopment efforts for morc than a decade, The
Bn"nton Beach CR:\ Plan identi fies a series of sub-
districts \vithin its broad 1,700 acre area. The City's
marina village is located un the western side of the
I C\V', between Boynton Beach Boulevard and Ocean
Avenue, roughly 1..3 miles from thc Boynton Beach
inlet. This roughly thirty-acre area is well into its
transformation into a mixcd-use, family-friendly
redevelopment node which c':lpitalizl's on its
waterfront setting and access, Buynton Beach
Bnulevard includes 1-95 access less than one mile
R E c; ():--, \ I. P I. .\ :'\i :--
I, u C I e 1\1 art 1 n
'" (; C () L' :-- l. I I.
Palm Beach
DRAFT
~
\.~
Lime Fish House and retention of existing
historic structures;
1
J!
\
MARINA VILLAGES AND WATERFRONT DESTINATIONS
implementation. The conversion of the old Lake
\'(Torth Bridge remnant to an improved recreational
facility with limited commercial utility may require
modification to the terms of o\vnership. In addition,
the proposed river\valk below the bridge and
construction of off-shore islands will likely require
several years for a lead agency to design and permit
these improvements.
Lantana - "The Public Point"
Old Florida Fishing Village
()
Prqjfct J/IIlIl/ltll]': The third new marina vilh1ge
opportunity identjfied during the charrette is the
Lantana "Public Point," located at the western
touchdown of the Lantana Bridge on the west sidc
<.
of the lC\'v. The tip of the actual peninsula of land
is fully public, owned by the Town of Lantana and
maintaincd as two heavily utilized public parks and
boat ramps, with adjacent commercial, mixed-use,
public, and residential uses to the west. the
municipal website celebrates the Town's "old tishing
village" character, and the quaint scale of the core
downtown area provides a distinct feel, unlike the
other marina villages described in this plan. The scale
of the area is most comparable to the Jupiter Inlet
Village portion of the Jupiter marina village, at the
extreme northern end of the marina villages
described in this chapter.
As indicated in the 'rown's Downtownlv[aster Plan
concept (above to right), the future plans for the area
suggest a traditional urban pattern of strel'ts and
bll)Cks, with enhanced public activity and historic
prl'servation at the point. Key uses identitied in the
plan include:
· Enhancement to Bicentennial and
Sportsman's Parks, with a maritime museum,
pavilions, gardens, boardwalks, and day
docks;
.
Historic preservation and renovations,
including recontiguration of the Old Key
i..j)
. Focused efforts to retain the character of
existing structures in the area, consistent with
an "old fishing village" theme; and
. Ivlixed-use blocks to the west of the
peninsula, on both sides of Dixie Highway,
J
In its Downtown Master Plan, the Town of Lantana proposes
a mixed-use, traditional inti/l pattern west of the peninsula, with
continued public waterfront access at the tip with Bicentennial
and Sportsman's Parks. The plan image is from the Town of
Lantana website.
. .. 't~
..'..;. ,~~l"lt:-:
.. ;,;.,,4
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':: ~ ::~~~~~t{
The old fishing village theme of Lantana's marina village is
well-represented by the thatched roof of the Old Key Lime Fish
House, The roofline of the newer Moorings at Lantana (mixed-
use development) is visible in the background.
"
_I
DRAFT
I. ,\ :\ :--.i ~ (; C () I' :\ C I l.
r t i n P a I 111 B e a c h
LW
T It I~ ,\ S I: R E
1 n d i ;1 n R i
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ver St
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MARINA VILLAGES AND WATERFRONT DESTINATIONS
~,
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This view of Snook Island illustrates moderate public improvements that could greatly enhance the restoration project's role as
an eco-tourism and recreational destination for residents and users.
..
,.
I . ..
....-a;
arc mixed-use office and rccrcation (see Lake W'orth
future land LIse map in the Appendix), with private
ownership of the southeast propcrty. Ownership and
access for thc southeast property' will need to bc
addrcssed for the recommendcd island to be
constructed (in place of the dredge hole). In
addition, additional access and an interlocal
agreement may be necessary to enable the City to
permit commercial use on the bridge remnant.
Generally, given the scope and magnitude of the
potential Jewel Cove nurin:l vill'lge, special efforts will
need to be spearheaded by the City to establish and
maintain the publici pu blic and publici pri\-ate
partnerships that will be necessary for the project's
implementation. In addition to the inter-agency
cooperation that will be neccssary (Ci ty, COllnty,
FDOT, FDEP, and other regulatory and permitting
agencies), coordination with other stakeholder
entities, such as environmental groups, the boating
industry, and citizens for the sUCCl:ssful
redevelopment of the sites.
'~
'rimefr.lme: SUlne components of the Jewel Cove
concept arc aln:ady underway. Snook Island was
recently compktl:d, and plans an: in motiun to extend
a riverwalk to thc southcrn-most island. Bryant Park,
on the southwestern quadrant, is already a nicely
developed waterfront park with public amenities and
cvent space. However, the concepts proposed for the
eastern side of the IC\v need further analysis for their
The Snook Island restoration project, shown in the above aer-
ial photo, eliminated dredge hole "dead zones" by filling them
to create islands with native vegetation and rocky edges for
oyster habitat. The Lake Worth golf course is visible on the up-
land.
T H ,.: .\ S L R ,.: C ( ) , \ S T R E (; ( ) :\ ,\ I. P I. ,\ :\ :\ N (; C () L' :\ C I I.
I n d i a n R i \' l" r S I. Ll C i e ~I .1 r t 1 n P :l I 111 B e a c h
13H DRAFT
MARINA VILLAGES AND WATERFRONT DESTINATIONS
(:)
;
')i
I
be integrated into this site, providing
County-wide access.
. The southeast portion of
"Jewel Cove" includes the
most limited improvements
of the four quadrants in this
marina village. As illustrated
in the aerial skctch above, the
land area between A 1 t\ and
ft.....,
~
the water's edge is very
narrow, with an apparent
dredge hole located off-
shore. The physical facilities
recommended for this
portion of .Jewel CO\rc would
be geared to promote eco-
tourism and recreational
acti\Tity, including a relatively
small structurc extending
from the bridge pavilion with
day docks; moderately-sized
buildings constructed at the ".
immcdiate corner of Lake
\Vorth Bridge and 1\ 1 A; ,
creation of an island with
native planting in place of
the dredge hole; and limited
development othenvise. If
packaged .111d developed in a
publici private approach with
the City, llses in this (luadmnt
could share parking located due north on the
old bridge remnant.
J
The above image illustrates the recommended redevelopment pattern on the east-
ern side of the Lake Worth bridge. To the north, a formal civic plaza is located at
the western edge of the old bridge with a small casual restaurant, which formalizes
the setting and could provide funding to beautify and maintain the site. A riverwalk
could be extended below the new bridge, providing access to additional public areas
on the south side.
"""-
(J
Re,~'''i.lI(i1:)1 O/JI'I'I,jl'w: The Je\vd Cove rnarina
village concept reinforces much of the current City
and County planning and enhancement activities
currently underway within the ,lrea, The regulatory
dircctives and enhancement activities on the western
side of the watenvay are self-evident. 'fhe City owns
and maintains the uplands on the western edge uf the
waterway (BrYilJ1t P,uk and the City's municipal golf
cuurse), both of which have recreatiunal future land
use and zoning designations. \Vithin the waterbody,
the Snook Island projcct, supportcd by a multitude
of public agencies, has been completed with
additional enhancements (such as the riverwalk
cunnection) pending.
On the eastern side of the IC\'\: however, more
extensive work will be necessary to ,ldjust the
regulatory provisill11s applicable to these properties
and enable their n.:de\'elopment in the manner
identified in this report, The current future land use
and zoning designations on the western properties
~
"
T R I.:, A S C R I'. C () ,-\ S T R I.~ ( ; l () :-.i ,\ L P L ,-\ N N N c; C () l' N C I L
[ 11 d i a n R i \' l: r S t I. u c i e i\[ a r t 1 n P a I t11 13 e a c h
DRAFT 137
,<
(
.-
MARINA VILLAGES AND WATERFRONT DESTINATIONS
,,-',
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A casual, open-air structure adjacent to a civic plaza is recommended for the remnant portion of the eastern span of the old Lake
Worth bridge. In the image above, the recommended scale and design of the structure are illustrated, complete with public docks
along the ICW and a riverwalk that could extend below the new bridge, connecting the eastern portion of "Jewel Cove, "
l
''4/11'
materials in a "light imprint" design such that
no impacts upon the environmental qualities
of Snook Island would occur. In addition, the
image indicates an opportunity to extend
pedestrian access from the remnant bridge
span, past the tirst Snook Island, to southerly
portions of the islands.
· The southwest portion of "Je\vel Cove" is
comprised of Bryant Park, a significant City
recreational facility th,lt includes a hand shell
with seating, boat ramps, playground, heart
trail, pavilions, and oth~r active recreational
amenities. This quadrant of the proposed
marina village could easily include a \vater taxi
stop location.
· The north~ast portion of the "Jewel Cove"
m,lrina village is the remnant eastern portion
of the Lake \\'()fth Bridge span. Currently,
the span pwvides for approximately HO
parking spaces and an informal public access
poi nt to the I C\'\-: Given the ~)\ treme
shortage of public lands along the le\\; the
eastan hridge span seems highly
......
underutilized, offering a redevelopment
opportunity to the City.
i\S illustrated in the image to the right, the
recommended pattern for redevelopment on the
eastern bridge remnant would allow for the
beautification of the site with a formal civic plaza at
the western end of the bridge. This location secures
the most valuable and desired portion of the bridge
permanently for the public. \'(!ith a pavilion and
appropriate landscaping, this potential.le\vel Plaza
could become a desired setting for weddings and
other events, with an IeW backdrop allowing desired
"mile-wide" views. ,-\djacent to the pbza is the
recommended location for a commercial venture,
which could be ground-leased by I he City.
Recommended uses could includ~ restaurant and
waterfront-orientd retail (e.g., bait and tackle shop,
leasing of canoes/kayaks). Given the informal nature
of the area, it would be recommended as a casual,
open-:lir structure, positioned like the plaza to
maximize \.vaterfront views, with corresponding
public docking facilities. Lease revenues from the
restaurant c( luld be lIsed to construct the civic pla?a,
install landscaping, and utherwise bea uti fy the
remnant bridge portion. A \\'.lter taxi dock could also
T R I. , \ ~ l. I~ f-: C ( ) .\ S T R L ( j ( ) :--. ,\ I. P I. .\ " '" N (j C () Li :--. C I I.
I n d i a n R I V e r S L u c i e 1\1 a r t 1 11 P a 1 m B e a c h
1.'1() DRAFT
MARINA VILLAGES ANDWATERFRONT DESTINATIONS
!("xl (i 1\('
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environmcntal amenity with habitat cluality for the
Lagoon as well as eco-tourisl11 destination.
The presence of the Snook Island project and its
success cvolved into a marina village theme for Lake
\'V'orth as an eco-tourisl11 and rccreational jewel along
the LC\'<<, hence the name "Jewel Cove." As
highlighted in the "Lake \'{forth: Jewel Cove" photo
to the right, the areas both north and south of the
Lake \,\-'orth Bridge are recommended for
improvement and expanded public ,1Ccess, Each of
these areas is detailed below.
. At the northwest portion of the "Jewel
Cove" marina village is the Lake Worth
municipal golf course, abutted to the east by
cD
the Snook Island restoration project
(highlighted in blue). The remnant portion
of the old Lake \Vorth bridge is scheduled
for n.:swration, with thc addition of an
elevated hoardw,llk to bring users around the
end of the pier tu the southernmost Snook
Island.
I,',~,i'
J
.\ s has been noted in this charrcttc report,
therc was very strong intcrcst exprcssed by
In the image above, which centers around the Lake Worth
Bridge, the blue and green highlighted areas indicate the
properties that could become the Jewel Cove marina village.
:)
The Snook Island restoration project in Lake Worth is a great
example of environmental restoration that can also provide
recreational and eco-tourism opportunities. In the image
above, remote "light-imprint" camping platforms are indicated
in a variety of locations. The image to the left includes the rec-
ommended location for expanded pedestrian access to the is-
lands.
the public during the charrette regarding the
expansion of oppormnities for recreational
access and eco-tourism, Accordingly, Snook
Island is onc of the typical restoration
projects for which expanded public acccss is
recommended. As illustrated in the following
image, the IC\'V' Plan rccommends the
installation of rustic camping platforms in
appropriate locations un Snook Island, most
of which would bt accessible only by canoe
or kayak. These platforms, which could be
managed by the City or l.lperated on a first-
come/ tirst-serve honor system, could be
cunstructed of natural and renewable
'""\
-
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I n d 1 a n R i v e r S t L u c i c i\f a r t I n P a I m 13
DRAFT
~ C I I.
c a c h
135
MARINA VILLAGES AND W ATERI:RONT DESTINATIONS
c,
Lake Worth - Jewel Cove:
Eco- Tourism and Public Recreation Node
Lake \'(forth was the location of the second ncw
marina village identified in the charrette. \Vhile the
other marina villages tend towards urban activity,
Lake \vorth and \'(fest Palm Beach tend towards a
more recreational edge along the IC\X~ Uniquely, the
City of Lake \,\'onh controls most of the property
fronting the JeW in the vicinity of the Lake Avenue
Bridge, including the old Lake W'orth Bridge
(convened to fishing 'piers on both sides of the
waterway) along with the Lake Worth l\lunicipal Golf
Course and Bry,1t1t Parle The public lands along the
LC\,\-' under the City's control are highlighted in green
in the City of Lake \'\-'orth map. These areas are
envisioned as a new marina village, "Jev,.eJ Cove,"
carrying forward the City's Oliginal name (Jewel) from
the early 1900s.
~
Lake \'{'orth is a community known for its somewhat
bohemian downtown and culturally diverse
community. The central spine of the core city,
running east/west from Dixie High\vay to the Lake
Worth Bridge, contains a beautifully restored historic
downtown with public buildings and plazas, bound
by a pair of one-way streets (Lake Avenue runs
eastbound while Lucerne Avenue runs westbound).
Interestingly, Lake and Lucerne Avenues interconnect
Palm Beach Community College (west of 1-95),
traverse through a heavily populated residential and
mixed-use district, bound the historic downtown, and
ultimately terminate at the Lake Worth Bridge, \vhich
provides a direct connection to public beach access
and a public pool. The area is well-populated with
bicyclists ,md pedestrians, and the tine grain ()f local
streets combined with the urban pattern uf buildings
and spaces makes I,ake ,",,'orth a highl)' pedestrian-
friendly setting.
I
"J
Lake \X'orth is also a community \vell-servicl'd by
e"isting :lI1d planned transit. The I.ake \X!urth 'l'ri- Rail
st,Hion is located on Lake !\\'enue, an FEe station is
planned at I.ake/Di"ic Highw,lY, and Di"ie Highway,
, ,
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t.::.:..i:~-~-~- .:.- --::0_ ."\ '--j -'c:~J."_h" i "'''':''.......
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As indicated by the green belt along the ICW in the map
graphic above, the City of Lake Worth maintains virtually all its
ICW frontage as public recreational property. Along the west-
ern edge of the ICWare the City's municipal golf course and
Bryant Park while the City's municipal beach access and public
aquatic facility lie along the eastern edge. Map from the City
of Lake Worth website.
which carries Palm- Tran's busiest bus route, parallels
the ICW roughly a half-mile to the west. Until recent
budget cuts, the City also historically operated a local
trolley which may be rcsuscitated in a form of
" ,
cxpanded Palm-Tran service in the future to meet the
Citv's hi~h transit needs. In sum, the easy
, '-
intcrconnectivity for residents, downtown patrons,
and college students to access both the IC\X' as well
as the ocean is unparalleled in Palm Beach County.
During the charrettc, it became clear the central core
of the City of Lake Worth provided for a signiticant
destination along the IC\XZ In addition to the City's
forward-thinking preserv,uion of its considerable
waterfront, the City also maintains portions of the
original Lake W'orth Bridge for public access and
fishing. The \V,Hers off the coast have also become
hume to Snook Island, a componl?nt of the Coul1ty-
led restoration effort to restore the Lake \Vorth
r .agoon. Completed in 2008, Snook Island is .1n
environmental enhancement \\"here off-shore dredge
holes (created when the I.agoon \Vas dredged tu form
the "olf course) were tilled, allowjn~ the formation
~ ,
of islands, installation of wck m,Herials for oyster
hahitat, and planting of native vcget:ltion (chietl~.
m,lngroves), In this effort, Snook islands have
convcrted dredge hole "dead zoncs" into an
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I n d i a n R i v e r S t I. 1I C i e 1\1 ,I r t i n P a I m B e a c h
134 DRAFT
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.J
MARINA VILLAGES AND WATERFRONT DESTINATIONS
:)!
I
Located along the proposed promenade is the County's South
Cove Restoration Project, which would fill dredge holes to cre-
ate islands similar to the highly successful Snook Island project
in Lake Worth.
<..,
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The proposed South Cove Restoration Project, illustrated in
the images above and below, would create a new habitat in
the Lagoon, replacing current dredge hole "dead zones" and
creating an environmental amenity with access limited to ca-
noes, kayaks, and small, shallow boats.
:)'
Fulfilling a very strong charrette sentiment, the proposed South Cove restoration project would replace an environmental negative
(dredge holes) with an environmental positive (islands of native materials), creating a pUblic amenity for recreation and eco.
tourism that also provides immediate and direct environmental benefit for the Lagoon.
)
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I n d 1 a n R I \' e r S t L II C 1 e i\f a r t 1 11 P a I m 13
DRAFT
N ell.
e a c h
133
MARINA VILLAGES AND WATERFRONT DESTINATIONS
31, 2009.
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Three New Docks
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To enhance the existing water taxi service in West Palm
Beach, the City's marina village will include three new day
docks available for public use.
with the various regulatory agencies to enable the
modification of the sea wall, construction of the
beach, dredgc hole rcstoration ,1nd island creation,
and dock construction. Additional
coordination will be necessary with Palm
Beach County, the Palm Beachr.IPO, and
FDOT to enable the reconstruction of
Flagler Drive.
Tilll e/ril II//': The \'{'est Palm Beach
\'{'aterti'ol1t Commons is currently under
construction. Two of the three City docks ;.
will be completed by February 2009. It is
anticipated that the balance of the pwject
will be subst.antially complete by December
Total design and construction estimates for the
project are $29.5 million. $20.5 million in funding has
been appropriated through CRA bonds. In addition,
the Wated-wnt Commons project has approximately
an additional $9 million in grant awards or other
funding from FDOT, FIND, SF\V'MD, MPO, and
Show Management Group on behalf of the Palm
Be:1ch Boat Sho'.N:
..:<~
j\:[ore informatiun is available on the City's project
website:
http://cityofwpb.com/waterfrom/ waterfront.htn1.
A mile-long promenade, im-
aged above and to the left, is
envisioned to be a central fea-
ture of the Waterfront Com-
mons project in West Palm
Beach, along with seating,
landscaping and public plazas
with vendors.
,
I , '- ..:;
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I n d i a n R I \' e r S t r. 1I c i e M ,1 r t I n P a I 111 B e a c h
132
DRAFT
MARINA VILLAGES AND WATERFRONT DESTfNATIONS
a
The City's goal of "uncorking the bottle" at Clematis Street to
enable wide-water views is illustrated in the graphic above.
for transit, as the City is currently a multi-modal hub,
with Tri-Rail, Amtrak, Greyhound, Palm-Tran, an
internal City trolley, and regularly scheduled water taxi
serVlce.
Key project components include the following:
.
Creation of a vast "City Commons" public
plan, with terracing, public pavilions, limited
concessions, and a "great lawn" as a setting
for public events, festivals, and concerts.
J
\J
Reconfiguration of the four-lane Flagler
Drive west to create a si7.able green space on
the \vater's edge.
.
Enabling a public vista of the waterfront's
iJ"
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... )I..
The images above illustrate the potential new waterfront green
space that could become available with the reconfiguration of
Flagler Drive.
'J'
v'
mile-wide views from Clematis Strect
through the Centennial Park intenlctive water
fountain by "uncorking the bottle" with the
removal of the current public library
building,
.
Establishment of a mile-long public
promenade along the lCW' for pedestrians
and bicyclists, with highly detailed
landscaping, lighting, rest areas, public art and
interconnections with upland parks and
plazas,
\j
,j. Flexible performance spaces.
Extensive public art and carefully detailed
V' land~caping areas an~l water gardens to create
multl-sensory experiences for users.
.
Installation of three new public day docks
that could accommodate water taxis and
public use, with one of the docks designed
as "park space" over water to accommodate
people and special events on the dock itself.
,,:
....,/,
v
. Recreation of a public beach and addition of
related recreational activities (e.g.,
canoe/kayak and paddleboat rentals, cabanas,
sand sports).
. Creation of an environmentally-focused
"South Cove" area \vith a pedestrian
arbon:tum, Trinity Park (a passive park) and
the potential addition of several man-l11<lde
tidal islands and artitici.ll reefs with dredge
hole restoration similar to Snook Island,
Re.~II/t1/(J/~)' O/"I'I't'it'I>>: The \'(.'est Palm Be.lCh
\'(!aterfront Commons is entirely \vithin thc \Vest
Palm Beach City limits, ,lnd the project is identi tied
in (he City's Downtown l\hster Plan, Comprehensin;
Plan, Downtown/City Center CRA Plan, and
supported in the City's pending land development
regubtions. The project entails substantial permitting ~
TREASURE COAST
Indian Riv<:r St
R I ~ ( ; ():'.j;\ I. P I. ,\ N N
I J U C 1 e i\1 art 1 11
~ (; C () I' N ell.
Palm Beach
131
DRAFT
~~
..:,;
~
I...)
MARINA VILLAGES AND WATERFRONT DESTINATIONS
R/;gtl/tI/Of)! O"erl'ielJ',' Thc Riviera B<:ach marina villag<:
is within the City of Riviera Beach CR,\ area.
Currently, the statutory eRA plan is being revised to
retlect the findings and recommendations of the 2007
charr<:tte, with adoption anticipated in 2009.
Concurn:ntly, the City is amending its compn:hensive
plan and Land Development Regulations as well to
implement the 2Um charrcttc plan, with completion
of these documents anticipated in 2009 as \'/ell (see
Rivicra FLU map in the Appendix for current
designations). In all of the watcrfront redevelopment
sccnarios crcated for Riviera Beach, there was a no-
net-loss approach tel working waterfront use. Instead,
special emphasis has been placed on the addition of
uses to the existing working \....aterfront desihrnations
and design them to be compatible.
Timeframe: The completion of the Riviera Beach
marina village is a multi-year, multi-party effort that
will occur ",.ith small and large projects. By 2009, all
the City's regulatory documcnts should bc amended,
including portions of the financing mechanisms, to
allow the project to be implemented. Recently the
CRAissued a Relluest for Qualifications (RFQ) for
the redevelopment of the Riviera Beach J\1arina, the
refurbishment of Bicentennial Park, and development
of surrounding areas. The eRA is currently in
negotiations to select an applicant for
this effort. Ultimate buildout of the
marina village plan will be dependent on
the success of the project's tirst phase
(subject of the RFQ described above);
the recovcry of the residential and
tinancial markets; and residual demand
for new and redevdoped uses along the
waterfront. These factors will likely
require a twenty-ye.H buildout for thc
project.
-
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oj
~
West Palm Beach:
Waterfront Commons Public Celebration,
Recreation, and Cultural Node
P r oj ec t s tllI/l11 (/ r)' : The wrest Palm Beach City
Commons projcct is one of the more ambitious
public \vaterfront improvements along the lCW in
Palm Beach County. It entails a signiticant
reconstruction of the mile-long wat.erfront edge of
the City that is envisioned to become a unique, world-
class destination. As noted in the City's description
of the project, the Waterfront Commons is intended
"to create a masterwork that is an ideid marriage of
culture, art and design that will change the dynamic
of our city forever."
The focus of this marina village is enhanced public
space along the wat.er's edge that would interconnect
upland historic downtown \'Vest Palm Beach, which
is already a successful, walkablc, mixed-use setting,
with an elaborate series of public amenities that
capitalize on the wide-water views in this portion of
the Lake \'\forth Lagoon, The core improvements
would occur between Banyan Boulevard and Fern
Street, with a promenade extending south to
Okeechobce Boulcvarcl. A marina village in \X!est
Palm Beach offers especially compelling opportunities
".
-
I.
, ,"
Waterfrqnt Comrrlons
. .'i'c~ncept-PI:an"
"
West Palm Beach's Waterfront Commons project envisions a substantial public
space where Clematis Street terminates at the water's edge. with a mile-long
promenade interconnecting a variety of public spaces and access points along
the ICW.
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1 n d i a n R i v e r S t L u C I e i\1 a r t i n P a I 111 B e a c h
UO DRAFT
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9
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l,:.1
SUSTAINABLE ECONOMICS
SUSTAINABLE ECONOMICS OF THE Jew
The cconomic opportunity presented by the lC\'\/ in
Palm Beach County was the genesis for the creadon
of this plan. Around the nation and world, facilities
such as this waterway are unique amenities, providing
a range of activities for residents, business owners,
and visitors that can sustain and expand regional
economies. Accordingly, this section of the plan pro-
vides a market analysis of long-term economic de-
velopment potentials along the IC\X1 in Palm Beach
County and provides a set of key t1l1l1ings and rec-
ommendations for enhancing the corridor's overall
economic development base.
This analysis also provides an economic snapshot of
the Intracoastal at two distinct levels: the macro (cor-
ridor) and the micro (marina villages) level. At the
larger level of analysis, the generalized tindings will
tie directly into generalized recommendations for im-
proving the economic base of the 43-mile long cor-
ridor. At the micro level of analysis, the report
examines the economic development potcntial at
each of the primary marina villages and presents rec-
ommendations for enhancing their respective devel-
opment potentials.
This section of the plan L'1kes a holistic approach to
the idea of economic development, recot-,'Tlizing this
effort must be conductcd within a larger systems
framework that takes into account the natural and
built environment systcms and thc scttlement pat-
terns that have alrcady b(:en established in and around
the IC\X,' corridor. Indeed, Palm Beach County's
Strategic Economic Development Plan, adopted in
2007, demonstrates economic development stmtcgies
in Palm Beach County must takc a systems approach
and must bl:' evaluated holistically, recognizing inter-
connectcdness and the power of collaboration. Set-
tlement p,1tterns and land uses must be planned
simult,meoLlsly with options for multiple modalitics.
The Strategic Economic Development Plan is the
guiding document by which the County hopes to
achieve a number uf signi ~jcant objectivcs relatcd to
its tax base, the gcneration of revenUt;S with limited
expansion of public services, building a global ent.re-
prencurial climate, enhanced restoration and amenity
value for its natural and built environment, increased
emphasis on arts and culture, and a progressive ap-
proach to smart transportation and bnd uses, \X'ithin
that plan's "cluality of place" strategies emerged the
concept of this plan for the Intracoastal Waterway.
Economic dct'elopnunt strategies in Palm
Beacb COllnty nll/st lake a .f..ystems ap-
proach and nll/st be eVt1/Jlated bolistically,
recognizi/lg intcrcollnecled/less and the
p01JJCr of col/aboration. Jct/lw/Cllt paltcrJ/S
(f nd Ian d /lse s /l'/t/ st be planned sil/J J/ It(/ ne-
olls{y Jvith optiolls for /IIJ/ltiple modali-
ties...
Pallll Beach County Strategic Economic
Development Plan
The Quality of Place strategic direction seeks to lever-
age the quality of the County's arts and cultural clus-
ter as a strategic asset to support economic growth
and provide a competitive advantage.
According to the Palm Beach County Plan, the
County has an opportunity to capitalize on its 43-mile
stretch of the lntracoastal by creating a regional eco-
nomic strategy that builds on its unique environmen~
tal assets, Examples abound throughout the worlel
whcre cities have capitalized on <:nvironmcntal and
cultural asscts to drive their regional economies. They
have done so by linking cultural facilities such as
botanical gardens, museums, .lnd zoos to easy and
friendly transportation modalities that include trails,
ferries, and water taxis. Such a system is feasibk for
downtown venues along the Intracoastal. In addition,
the working w:lterfront has created st.rong value ~ld-
jacent to the Port of Palm Beach through proposals
such as thc construction of megayacht slips, racing
sloop repair facilitics, marina docks, day trip gambling,
the Lockhecd Undersea Research plant, and cllvil"<Jn-
T R f-'. ,\ S U R E C U ..\ S T R E G I U ;\; ,\ I. P I. ..\ :\ :\
I n d 1 a n R I V e r S I. u C 1 e M a r t I n
152 DRAFT
---- -- -- -
N c; C u. 1I 1\: C I I.
Palm Beach
SUSTAINABLE ECONOMICS
o
mental attractions such as Peanut lsland,
~
Running throughout the narrative is the underlying
proposition of the importance of preserving the
working waterfronts along the IeW corridor. This
notion has been embraced by the Florida Legislature,
which passed the Working Waterfronts Protection
Act in 2005 that directs state agencies and local gov-
ernments to take actions to protect and retain their
working waterfronts (areas that house activities that
are water-dependent such as marinas) and authorizes
counties to set up property assessment deferral mech-
anisms for marinas. The legislation further directs
local governments to amend their comprehensive
plans to protect working waterfronts. Palm Beach
County is \vorking to develop policies specitically de-
signed to protect and enhance its existing working
waterfronts,
{.~"'.
~
With the recent passage of Amendment 6 in 2008 (an
amendment to Florida's state constitution), working
waterfront property such as marinas and bc)at repair
facilities will be taxed based upon current use as op-
posed to "highest and best use." This pnwision
should help to prom~)te the continued use of working
waterfronts along the IC\'V corridor and in the State
of r.'lorida.
Study Area
For purposes of the economic analysis, the study area
was defined to cncompass approximately one-half
mile on dther side of the IC\'\-' for its entire length
through Palm Beach County (or approxim,ncly 43
miles). This boundary was defined based on consid-
eration of economic "zones of influence" that char-
acterizc economic develupment patterns and
competitivc economic factors when considering the
impacts of the lC\'{/ un thc County's ovcrall economy.
Basically, the "economic" study area encompasses the
County line on both the north and south, the Atlantic
Ocean on the e,lst, and 1-95 on the west as rdlected
in map above. The study area is approximately 47>
miks in kngth, has a diverse mix of public and pri-
'll
:.,
.P
vate uses, comprises almost 53,000 acres and, signif-
icantly, includes working and recreational \,Vaterfront.
This portion of thc report provides a market
The study area for the Intracoastal analysis is illustrated in the
above map,
overview and preliminary analysis of the economic
potentials along the I ntraco:lstal by completing sev-
eral key tasks:
Preparing a demographic and economic pro-
tile that examines specific demographic in-
dices that fud growth in 1\11111 Beach County,
focusing on thuse factors relevant to thc eco-
nomic potcntial of the Intracoastal \'(:aterway,
DRAFT
L i\ ~ N N c; c: ( ) l' :--.: c: I L
r t i n p a 1 m 13 e a c h
153
T It I'. .\ SUit I ~ C () f\ S T
Il1cian River St
R L c; I () '" ,\ L P
I. u C I e i'vI a
SUSTAINABLE ECONOMICS
r}
including popubtion, households, job forma-'
cion (particularly in marine-related sectors),
gr< )wth in tourism and visitor spending and
the like;
.
Asscmbling a land use inventory bast:d on
available data and secondary information on
real estate market conditions across specitic
land uses, including "marine-related", focus-
ing on the IC\X' as well as the four on-going
marina villages efforts underway at the initia-
tion of the study (Jupiter, Riviera Beach, \Vest
Palm Beach, and Boynton Beach); and
.
Translating demographic characteristics and
market conditions into preliminary growth
forecasts in those scctors of Palm Beach
County's economy relevant to the Ie\\!.
Marina Villages
I;~
d"
The study area contains seven marina villages that are
the locus of prime development and redevelopment
activities and provide nodes for transit purposes.
These marina villages arc the key areas in which fo-
cused development and redevelopment strategies will
establish the groundwork for realizing sihrnificant eco-
nomic developmcnt outcomes in terms of job cre-
ation and expansion of the tax base, The marina
villages will also serve as destinations for local resi-
dents and visitors to Pain, Beach County. I mpor-
tandy, each of the marina villages is entirely unique
in its conceptualization, development stagt:, and vi-
sion for ultimate build-out, Each of the seven vil-
lages is detailed in Chapter 8: i\larin,l Villages <lnd
Destinations.
r:uture development at each of the marina villages
will be tied to:
· Geography
. Incal market conditions
. Varying economic strategies
. llisrory and culture
This report also provides a snapshot of the magni-
tude of the catalytic effects at each of the primary
marina villages. The metrics used to measure the po-
tcntial catalytic outcomes include demand for "work-
place" real estate (office, industrial, retail), job
creation, and gross regional product.
1\s has been noted, each of the seven marina villages
detailed in this report is of a different character,
themt:, and orientation, Five of the seven villages are
focused upon in this report, including:
.
Jupiter
Palm Be~lch Gardens
Riviera Beach
West Palm Beach
Boynton Beach
.
.
The marina villages in Lake \'(forth and Lantana are
prime locations for enhanced recreation-based and
eco-tourism opportunities. Their land use, planning,
and ret-,rulatory characteristics are detailed in Chapter
8; however, they are not the subject of economic
analysis in this chapter.
Demographic Findings
The report examines demographic and economic
characteristics across a range of indices, focusing on
those factors that fuel demand for real estate and eco-
nomic growth in Palm Beach County. In particular,
key demographic characteristics focused on are those
that have relevance for growth in the Ie\\' corridor
as wen as the four on-going marina village efforts
Oupitcr, Riviera Bt:ach, \Vest Palm Beach, and Boyn-
ton Beach), These findings are summarized below.
Population & Households
P"I/II Brad) COllnty
Palm Beach County's population has incrc<lscd at an
average annual rate uf 1.6 pcrcent per \ear since 200U,
with tht: County's population jumping by 128,CJ()n new
rt:sidents over the past st:ven years, ru 1,21 rnil\ion,
<lccording to tht:i\IPO. !\ssuming that current :lver-
T I{ f'.\ S l R f-. C () .\ S T
Indian Rivt:r St
154
R E C; ()" i\ I. P I. .\ '" :--..
I. u C 1 e ~l art 1 n
:'-.: G C () Ii ;\; C I I.
Palm Beach
DRAFT
/~
I,'.
~ge annu~l gn)\\,th rates contInue, the ,\ll)() \'~,([nLlle'
that thl' County \v1l] add another 2i-\11,')1)11 11e\\ re'sl
dents by 2020, for a wta] POPUIaU(lll u! ,dmu'it 1:"
million. I f current household Sill' remains ,lel
ditJona] population growth wdl translate IlJ It i C AI III
new huusehulds (l.l'., )luuslng units; h\ 2021'
1 ell" Sind!! rl'a
By cutl1panson, within the bruad economic stud\'
area (1-95 east tu the .\tlantlc (kean), the cstlmatnl
populatJon is 42(J,5()11 ln murl' them 1 i-\O,I II JI! huuse
holds, 'roday, the IC\\:' corridur ~ccuunts flJr mure
than o;n percent of the Countl''s total P(Jpulauon
(~r()\Vth forecasts tor the study area are onh' av,lilahk
for the next five \ears, which suggest :1ll11ost 4(1,000
new residents in 1 c,OOO households hnUSI!1g
units) by 2012. In terms uf ne\v housing tenure, fore-
casts suggest that these new h( lUsing unJts will he dis
tributed as follows: 11 ,OIH) for-sale unlts and (',Iil)l)
rental units.
:~".'
1;-,,-:
\~'
Allll7J111 ['ill{~i!.I'J
Today, the four marina village munlCipalities accuunt
for roughly 22 percent of the COUi1tv's tuta) popula-
tion, or 267,()()() residents in 106,001) huuseholds.
Since 20UO, .Jupiter has grO\vn the fastest, and \\cst
Sus'rAINABLE ECON01\llCS
P:dm lkachl',alneel rh, ,~I'C.ll fHll1dhr' Ii '\ n"!
,kT!tS. Jullllg (1) rlw \tP< ).1 [liter 10; e:--pn rni ,
\~r<I\\' h\ '1 j1lTcent h\ 21)2(1 de \\",t P:tln, ill'<
,dd :l<.":trh -)()I II Ii ! It.''.,! 'l"iliun,.
in tutal, ,lddltlunal PUPULlt1(ln ,~ruwth .lncl Ulll11llucd
I-edl~ve]( lpmellt lrl1UatiH's 1 :llld around the h lllf 111a.
nIl:l village~ arc expected Ii) rcsult In ,Ill Increa~e !1l
their share, >f Ihe C:ountl'\ pupulal1un[u 2.1 percent
2020, wlth')n,Soo rl'SldenfS in 142.00()+ !l()USl
hulds. Thl' wIlltld 'uggc~t rh,ll, ,)\('1 the '1(':-\1 ;,
I.'ears, thc lour manna vIllages will ga1I1 ,dmu~i .~ I ,1)(111
new resid<.:'nts In )0,(1111) new rWlIsehulds (i.c" ()ustng
n 11
1 nterestingly, Ihe projected cumpuund average annual
growth Lite for l:ach of the mariJl~ vdLtge mUlllclpal
lues IS generally hIgher than that tOf the COU[][\ as ,1
whl,le, suggesting strung gwwth to rhese Cl'lltcrS.
I (),b\, h, JlIsehuJds 1Il rh<.: 1'1 )1I1 tn,lfIna villages 'pend
.i comblnl,d $].1) bi]!Jon annualh on consumer spend
jng amung varIUUS retaIl categOries, ,,-!:fuccrll>, and
tlJ(.d and bnTrage, This aCColint~ fur almost 17 pn
CL'tH u f the S I l..S billion rn (uta! Ci )ns umer ~pending
:lcrUSS Palm Beach Cuunt}. \-otably, spend1l1g varies
\vlc1th clCf( ISS the fum munlClpalities-ranging from
" low uf S 1.S,5()() per I'ear in Bmnton Beach tU :t high
ut almost S2SJHI() per \liar In)upitct'. ,\verage <1nlllLl!
Table 1: Regional Population Trend.~ & Projections, 2000-2020
Estimates Projections
..urlldiction 2000 2007 2010 2012 2020
Palm Beach COunty 1,066,640 1,215,216 1,274,677 1,316,270 1.495.723
Broward COunty 1,623.018 1,799,112 1.863,972 1.892.767 2,219180
..\J pit er 40,992 47,801 51,056 53,347 63.590
% of COunty 38% 3.9% 4.0% 4.1 1l;0 4.3%
Riviera Beach 29,884 33.871 35.736 37.040 42739
% of COunty 28% 2.8% 2.80/0 280/0 29%
Boynton Beach 69.820 77.798 81.491 84.049 95.112
% of COunty 6.4% 6.4% 6.4% 6.4% 6.4%
WeIiA. Palm Beach 94.429 107.314 113.362 117581 136090
% of COunty 87% 88% 8.9% 8.9% 91%
11 COmpound Annual Growth Rate
Change: 2007.2020
Amount % CAGR 1/
280,506 23.1% 1.6%
420,068 233% 16%
15,789 33.0% ::0.;:,
5,6~,~
8,869 262~'O 1.8~{;
3.2%
17.314 22 30/0 16c,0
62%
28,776 26.8% 1 8~'O
103%
Source: Palm Beach COunty MFO: Economics ~se~ch Associates, 2008
Table l' Regional Population Trends & Projections, 2000-2020
(, l)
e r
DRAFT
! =, ~
SUSTAINABLE ECONOMICS
.~.,.
'.'\1
, ',,'
consumer spcnding cquates to approximately
$17,()On per household across the four marina vil-
lages.
Employment
Employment growth is a key baromctcr of demand
for "workplace" real estate such as commercial office
and retail, industrial, and visitor-service uses such as
hotel/lodging. As such, TCRPC examined enlp]oy-
ment growth trends and forecasts for each of the ge-
ographies comprising the ICW study. Key findings
are summarized below:
Palm Bearl; County
t,.
Palm Beach County contains 552,000 at-place jobs,
Job growth in Palm Beach County surged during the
economic boom between 2002 and 2007. In fact, the
County has added more than 53,000 new jobs since
2000 across several key employment sectors, includ-
ing Services, Retail Trade, and Construction.
MPO forecasts suggest that 114,400 new jobs will be
created by 2020, 1 f job growth materializes, this may
translate into countywide demand for more than 34
million sq. ft, of "workplace" real cstate such as office
and industrial parks, and retail centers, 11< lwevcr, this
may not necessarily translate into net new construc-
tion, as existing vacant and/ or unckrutilized real cs-
tate can be occupied by ne'V.' employment,
The Florida Agcncy for \,\<'orkforce Innovation (i\\,\<'I)
estimates that the greatest job growth through 2015
will occur in the Services sector, which is a wide-rang-
ing category that includes professional and business
serVLCes (such as legal and engineering),
medical/health, education, lodging/hospitality, and
arts/ entertainment/ recreation. By 2015, the AWl
forccasts almost 86,000 new jobs in the Scrviccs sec-
tor alone, Specific data on employment in the ICW
corridor are not available.
Al il ri nil I -ill(~ge.r
Today, the municipalities that encompass the marina
villages contain almost 175,000 jobs, comprising 32
percent of the County total. Information on the type
and distribution of these jobs is not <lvailable. The
lion's share of current employment -- fully 94,000
jobs _ is located in \Vest Palm Beach. 'I'he other
marina villages contain a smaller fair share of the
County's jobs ranging from four to six percent.
According to MPO forecasts (which prepares em-
Table 2: DemographIc Cbaracteristlcs-Marina Villages. 2007-2012
Boynlon Ileadl J ~ Palm BeaGh I ~vtera EINCh I ..iter J
1007 2011 ,. '-PBnOe :Z007 2012 .. CnanQe 2007 2012 ~ ~anlJe 2007 2012 %il Olanoe
Population 60.740 72.935 9.3<;1t 9T698 '07 656 102% 35.092 4C.Ol.0 ,.0% 51.95' 58597 12.8%
HGU98hold8 29.071 J1.976 '00% 41.888 46..177 l' O~ 11..2&7 15.099 138% 22.091 24,881 12.6"'-
Avg. HH 91e 1.26 225 .0 .% 225 2.24 -04% 263 263 00"" 234 2 35 0'%
M ethon Aoe 455 47.1 3.5% 39.5 '08 13'" 379 3&9 2.5% 43.7 45.4 39%
Race
WhAe ne49 45.e76 4 $0,4 53 343 'j5.658 0"" 9.580 10.525 go", 47122 51.919 ',01""
Black 17.419 20,203 16'Y*, 33.510 38.649 '53'" 23792 27,2:..t 145"" 1511 2.~27 38.3%
."'mer-lean W:Jlafl E90-lmo 133 219 63 ')% 293 323 'OZ~ 35 .0 140~ 156 214 50 ,,'lit
,A. 9;,lll, Pacific lsander 1.201 1..59 214% ',:)54 ~"76 267" 526 760 445% 997 1.348 365...
Other '.205 5,251 24.9% B.597 10.550 22.7'" 1.156 ',401 210o.b 2.078 2.871 392'"
Hl~anlc 11 9.676 11670 345"" 21.396 26.806 253114 2.000 2.80. 401% 5.507 8.087 468%
... edWlll HH tnoome .$7.7~B =.5.326 15 a"" $ H 337 55.3iiJ5 178"'- .t1,!B5 47,647 161% $ 70517 $ 85979 219'4
AyeraQe HH tncome 63.519 75141 18 1~ $ 6B255 82.9BO 21 G%. &6.546 81,015 21,{,~ \ 101.527 > \26,084 25 0%
Own.r~Oa:1IPled HUs 22,04) ;24,142 9 ~% 24122 25,8&5 11':-,% 8277 9.417 13 B% 11 ,';19 19.47J ~, B%
Rtmter.Oo:upteCI HUs 7.052 7.B24 10 ~% 17 784 H6Q7 102% OS6 5.660 139% 4.670 :i 414 ,'; 9%
1/ Hl~ ;yllC :,P~)f\: S 3 9Jb 3E'l 0: dt',er ,ace cate;JOfle!o
SCUfce e:A Bl..l5i,;e'".Ii.&.nal,st: 8:on<;mic:.~SElarch AS60c.ialE'S. ~OO8
Table 2: Demographic Characteristics-Marina Villages, 2007-2012
T R 1-': \ S l..' R \'. C ( ) ,\ S T R E (; ( ) 0- I. P I. A 0- 0- :"J (j C ( ) L' 0- <: I.
1 n d i a n R i \' e r S L u C 1 e i\! ;l r r 1 n p a I 111 B e a c h
[56 0 RAFT
...,J;'
SUSTAI NABLE Ecol',o!\lIC~
-_.._,~~~--,..- ^",-",-~^---,-~,,~-~~,--'--'-'-'-"--""'---'--
('...~ Estimates I I Frojectio.. I I Qlange. 2007-2020
" ....ri..iction 2000 2007 2010 2012 2020 Amount % CAOR 11
...::;
Palm Beech County 498,642 552,086 576,610 593,562 666.502 114,416 20.7% j5%
Broward County 644,156 710,651 741,211 162,311 852,889 142,238 200% 14%
.1tpit..- 19.967 22,928 24,328 25,309 29.642 6,714 29,3% 2.0%
% of County 4.0% 4.2% 4.2% 43% 4.4% 59%
Aviera Beach 23,259 25.460 26,465 27,158 30,114 4,654 18.3% 13%
% of County 47% 4.6% 4.6% 46% 4.5% 41%
Boynton Beach 28,384 32.850 34,974 36,465 43,093 10,243 31.2% 21%
% of Cbunty 5.7% 6.0% 61% 6.1% 6.5% 9.0%
Weet Palm Beac::h 82.1 06 93.711 99,174 102,991 119.790 26.079 27.8% 1.9%
% of Cbunty 16.5% 17.0% 1 7.2% 17.4% 18.0% 22.8%
1/ Cbmpound Annual Growth Rate
Source: RIIm Beech Cbunty M Fe; Economics leiearch Associates. ..Bnuary 2008
i
Table ]. At-place Employment Trends & Projections, 2000-2020
,..}.:Ji, ,
\::11
ployment proJectiuns bv Traffic ;\nalysis I( lIw/'L\I.,
the four municipalities that encumpass the t()llr m,l
rina villages arc expected tu gain ,1]must 47,7()() new
jobs by 2020, TCRPC estimates that these new Jubs
would demand roughly 14 miIJiun sq. ft. of workplace
real estate. Again, this could be a cumblllat10n of net
new constructJon as well as occupancy (If L'xlsting \',1
cant space, These 47,70n new jobs In the mUl1lclpal
ities encompassing the four marIna villages WIll
principally be distributed among the fdloWI!]l!: indus
tries:
· ServIces
· Wholesale & Retail Trade
· r;inance/ lnsurance/Rc~aj Estate and
· Construction
;\s reported bv the Marine Industries Associatlon of
Palm Beach County (ML\PBC), there :lre 1,0/ )()+ ma
rine-related huslnesses in P,llm Beach (:( IlJIlt\ tfLlt
provide approxlmatel\' I H,OOO johs. f',xamples ()t ma-
rine-related emplmlTIc:nt cHegories 1I1Clude: canvas
products, shipbuilding and repair, boat deakrs, deep
sea freight tranSp(JrLltio[], port and h,lrhor (lpe1'<1
tions, scenic and Sightseeing transportatIon, :lIld nav
ig,ltIonal Sc:r\'ICl~S :l!HI IlLlfll1aS.
\Iannerehted unpl()\ ment I]()ted ah'l\'(' IllCludes
T R I.. \ :-, I R i
C II
1 \' e l'
DRAFT
\ ,--
..
2,400+ jllhs ,II the Port lIt Palm Beach. In 211U6, Port
emplO\'ment was dlstributcd across dlrec1 l,4(10
lobs), Induced (620) and lndlrect ()jl)) categories.
The map ()!l the prevlous page tllustrates the large dl-
','erslt\' of manne-related bUSInesses located along the
length oi the IC\V upland curndor. TCRP( estl
mates there ,Ire appnlxllnateh' 4tH) mannerelated
!Inns alml}.! t he I C\\ corndor
The i\lanne Industries .\ssoC1auon's 2()()"' ,\nnual Re
P( lrt also reported that the marine industry adds ap-
proX1n1atc,l\ SHUO mJllion to the local econOlTIV ')!l an
,tlHlUal h:I'IS, With :1 1',1\ roll in e:;;cess of S6H2 million.
,\lore deLdlcd Inturmatiun IS pre lVllkd In thl' "\l:1nnL'
Industnes" secUon that follows.
ReachIng a more In-depth understanding of I he I1l:t
rlne Il1dustrtl'S wdl rC'lluire :1 detailed examinat1( In of
Ihe U!llSlltuent sectors that 1111~ht he comhlned tll
lorm Ihb IllduSlfl cluster. Such an :1nah'sl' \\'lllld
pre l\.tde meanIngful 111:-;I1!;ht Into the growth trcnds lit'
the 1I1dust 1'\ ,1l1d nro\'lde :1" lllnd ba:-;ls f( II' c'sl.lhltsh
Illg !1uh1IC poliCY t,) help c~llhancl' thc' de\'c!oj1nwl1t
pnlspects It the Illarlne 1I1dustn cluster.
Visitor Profile
,,) '.... \ I
I' i \ " "
1 l'
:1 r r 1 n
/'"
~
~....
(~
r
t, ~,.:!J
--- -
SUSTAINABLE ECONOJ\HCS
(jk"~chobf!'fil! BtvtJ
----..S.u.....th..rn R'v.t
FOI..~l HIli B ",,/
L..t;.~ VJOttll Ru
'"
-"
.~
.::
.4.U ,UHI c All 9
o
;::.
't.'
<3
:;
~":tJ~~ ;..(("\
-........
t'hll~lJ..:-,(o 8n,'d
The map above indicates the extensive linear distribution of marine-related uses in Palm Beach County, with a visible
concentration along the Intracoastal, expecially near the Lake Worth Inlet. Port of Palm Beach, and adjacent area.
T It E ,\ S L: R l" C u ,\ S T R E c; u N ,\ I. P I. .\ :-.: :\ N (; C () 11 :-\ C I.
I n d 1 a n R i v c: r S I. 11 C 1 c: 1\1 a r t 1 n p a I m 13 e a c h
ISH DRAFT
-- - - - --
SUSTAINABLE ECONOMICS
.;
r\ critical dem.:nt of Palm Beach County's economy,
as well as that of the intracoastal corridor, is tourism
and visitor services. The fullU\ving characteristics of
th.: visitor market, such as spending patterns and be-
havior, were examined as a means of understanding
the potential impacts from visitors on future land use
patterns and economic development initiatives in the
1 C\\" corridor.
and busincss visitors has increased over the
past five years by more than 200,Onn, to ,1n
estimated 2,78 million conference/business
visitors in ZU07, I .ater sections of this chap-
ter cxamine market characteristics of the
County's hotel supply to understand how this
has translated into room-night demand.
.
Visitors to Palm Beach County spent $1,6 bil-
lion on expenditures in 2007, rcsulting in av-
erage daily spending of $202 per visitor per
day. Over half of visitor spending in on lodg-
ing and approximately one-Lluarter is on eat-
ing and drinking,
The Tourist Development Council of Palm Beach
County tracks visitor data and behavior/spending
patterns for the C,ounty. In 2007, according to the
'I'ourism Development Council, Palm Beach County
attracted more than 4,7 million annual visitors, re-
flecting an increase of almost 186,000 ne\v visitors
since 2003. Other findings are illustrated as follows:
.
Contrary to observations that suggest that the
County draws a signiticant number of inter-
national visitors, fully 92 percent of overnight
visitors to Palm Beach County are from the
United States, with almost (>He-quarter of all
visitors from Florida, and 31 pcrcent from ci-
ther the Southeast or the l\[idwest. ()nly
eight percent (or 195,()()0) are frum interna-
The Tourism Development Council estimates
that about half of the County's annual visi-
tors stay in hotels; party size averages 2.1 peo-
ple who stay 3.3 days. The number of hotel
guests has jumped by almost 10 percent since
200S.
\"'l~
. .iJiJII'
· Visitation is further distributed between
"leisure" and "conference/business." No-
t,lbly, the number of convention delegates
Table 4: Visitor Trends In Pabn Beach County, 2003-2007
2003 2004 2005 2006 2007 Change CAGR
Vigtors 4,522,782 4,472,830 4,300,224 4,476,460 4,708,594 185,812 1.0%
Hotel Guests 2,261,391 2,236,415 2,150,112 2,354,297 2,354,297 92,906 1.0%
Average Party Sze 2,2 2.1 2,1 2,1 2.1 -1.2%
Average Length of 3ay 3.8 3.8 4.0 3.6 3.3 -3.5%
Leisure Visitors 1,537,746 1,476,034 1,505,078 1,432,467 1,553,836 16,090 0.3%
Conferencelalsiness Visitors 2,577 ,986 2.549,513 2,451,128 2,685,876 2,778,070 200,085 1.9%
5burC8. Tourilt Development Council of Palm Beach County, Economics R:lsearch AS50ciates, 2008
Table 4: Visitor Trends in Palm Beach County, 2003-2007
~_.iP
DRAFT
l N (; C () {' '" <: l I.
Palm Beach
1Sl)
T R I. ,\ S l R I;.
I n d I <l n R i
C (l .\ S T
vcr St
R I.: C; j () :'. ,\ I. P I. ,\ :'. :'.
J.lICIC :\fartln
SUSTAINABLE ECONOMICS
(:~
.,;;r
Table 5: PUt'pose oCVhit to Palm Beach County, 2003-2007
2003 2004 2005 2006 2007
Leisu re 34% 33% 35% 32% 33%
~orts Btent 2% 2% 3% 3% 3%
OJltural Attraction 1% 1% 1% 0% 1%
Con ference/Con vent j on 10% 7% 7% 6% 7%
Business Meeting 46% 49% 49% 52% 51%
Other 8Jsiness 1% 1% 1% 2% 1%
Other 7% 6% 5% 4% 4%
Source: Tourist Development Council of Palm Beach County; 5:onomics ~rch
Associates, 2008
Table 5. Purpose of Visit to Palm Beach County, 2003-2007
Lion:!! ongins.
Visitors to PaIn, Beach Countl partlClpate In
a variety of activities. ivIust popular are eating
at rest:!urants (94 percent), shopping (J I lx~r
cent), and going to the beach (2'"1 ]XTcent) of
Visitors. i\lmost 11 percent visited City Place,
On the other hand, onll 0.) percent reported
going to the Palm Beach C'llWel1t1on Center.
Real Estate Market Characteristics
i\ critic:!! component of any land Lise strateg> f, lr dw
Ie\'(' includes a detailed understanding of recent ,lnd
current market conditions across speCific real estate
sectors, Fur the IC\\ stuck, TCRPC l'X,lmllled mar-
ket characteristlcs and trends for a range of L1ses, in
eluding: rental and t~)[-sale housl11g; "workplacc" uses
such as commercial office and industna]; "n1:lrlne-n:'
bted" such as mannas and \vorking \vaterfn lntS; and
service ust:s tlnt support thl' reSident :lnd \!Sltur mar-
kets, such as reui], reSL1ULll1b, and lodging/ III Jspltal,
lty. To the extl'n1 that Jnform~ltion \hl::' ,1\'ailable,
market conditions fur t',lch ust' wt're exanlIrll'd in
Palm Be:!ch C, 1 Ulll \', thc four manna \' dJages, and the
IC\\' curridor stud, ;lru.
SC\Tral elenll'llts ,lIT kn to undnsLllldlng how rutur"
'1' /( I.. \ :-, I I(
c. ()
,j I t- 1 n
I \' e r
I (ll)
DRAFT
pupulatlon ,1l1d job growth wdl translatl' tnt" devcl
opment opportunlttcs III the IC\X' studl' arc! as \I/ell
,IS the fuur manna VIllages:
rilL' amount of net dL:VL'lopable Jand /IS wdl .IS
, lpportunitlt:s/ sites f(lr reJel'l'IOpmL'IH;
current (or future) zon1l1g dt'signauuns ,Ind
,lenslties; the availabilin of capital tin:lrlCIrlg
!I, tund speCltic projects; and
I Ill' rule 1)1' dlL' public sectur In [urging ecu
1j()Irlll' (IPportUf11t1es, such as the :l\,ulabilIt\
,,f- tax InCrL'111t'nt financlng,)r other Incen-
tJl'es, proviSion uf L~lltJtlements, busllless rt:-
!U](l< ,n and rt:l'rultnll'nt str/llcgles, L'll'
ThlS sectlc,n protill's 1I1\Tntlll'\' :md huilding pnmit
.lCtlVlt\, tenure and pruduCl dlstrlbutJun, absorpti()ll
leasIng) .IC1I\ItI, \/IC)[1C\, pricing (rents .Ind salt",
(rcnds, ,lfld (,(her :lppn lpnall' rnarket perf, )rIrl~ll1l'e
characteristics and supph and dc:mand t~lcturs ,lS (he'\
,lffeet ,>\'nall Llcn'lupment 'lP\,OI'tUllitics in rhe 1(:\\
u ,rnd< lr
I)
\ .'.. c,
(..;1
1.':'1
SUSTAINABLE ECONOMICS
Housing
Pa/1lI l3ec/rh Co/mly
Reported building permit data suggests that Palm
Beach County issued over 114,000 permits for new
housing bet\.veen 1997 and 2006, \\'ith an annual av-
erage of 11,400 permits per year. Roughly M~ percent
of total permit :lctivity was for single-family
dwellings.
AIII rind r 'i//t,<fl,e.r
Residential permit activity varies across the marina
villages, ranging from 470 permits per year in Riviera
Beach to up"varcls of '1,200 annual permits in West
Palrn Beach, which comprises fully 40 percent of all
residential development across the four communities.
In total, the four marina vilbgl's accounted for 27
percent of the County's total building permit activity
between 1997 and 2006. Permit data were not avail-
able for the ICW study area.
Based on ZOOO Census data, the distribution by type
of housing in Palm Beach County and the four ma-
rina villages indicates a f,lirly uniform pattern of res-
idential development, in that the majority of housing
stock (41 to 47 percent) is single-family detached.
Office
Demand for commercial office development is driven
by employment patterns and growth in those job sec-
tors that occupy office space. Office workers use a
variety of space depending on local market charac-
teristics and the type of business, For example, some
office tenants are small and choose to 1< )Glte in retail
aty/County MImI_ of 1b~ RInt.JIIe Sh_ of RM V-ncr A-.ge
a.ildnp IWIdiI1ll "'- in PBCounty AID Alntal ....
Well PlItm ElI8:h 861 12,,525,957 28.7% 11,~ $29,55Ifs
Boynton ElI8:h 89 1,924,913 4.1" 10.K $28.85/fs
Rviera Beach 12 366,936 O.8'llt 18.K $2O.151fs
JJpiter 113 2.346,397 5.0'll. 15,1" $28.95Ifs
study A.... 1/ 1,253 23.935,718 51.0'll. 11.7% $3O.7011's
RIIm BIB:h Cbunty 2,055 46,933,&48 12.0'll. $28.3OIfs
Brown County 3,827 88,841.118 8.8' $2S.99Ifs
DinIct M. ~ 2902 2903 2804 2005 20M 2007 'fclYI ... ......
Well PlItm ElI8:h 71,499 (24,074) 370,755 202,132 30,755 (32.581 ) 818,508 103,ll84
Boynton 8Egch (34,247) 52,468 238.346 20,309 100,378 (9.868) :J67 ,584 81,264
Rviera Beach 27.557 28 8,835 (21,241) 20,430 (39,384) (3,977) (863)
JJp iter - - - . - 87,215 67,215 11,203
stud y A.... 11 208,347 237,489 804,737 478,814 302,949 (503,377) 1.328,739 221 ,4fi7
RIIm BIB:h Olunty 581,459 495,504 1.925,448 7ff1 ,803 190,210 (811,789) 3,358,835 559,773
Brown County 1,173,779 1,086,280 2,143,838 1,779.088 1,724,829 184,364 8,071,936 1,345,323
End-of-V_ ~ V-ncr RBte 2902 2903 2004 2005 20M 2007 A,.... Ann....
Well PlItm 8Egch 9.K 10.5" 8.2'llo 6.K 7.5'llo 10.K 9.0"
Boynton 8Egch 8.1" 5.4% 7.4" 7.K 4.8% 10.8' 7.0'll.
Rviera BelIch 4.4" 4.4% 8.0'll. 13.8% 8.2'llo 18.K 9.8"
JJpiter - - - - - 15.2'll. 15.2'llo
stud Y A.... 1/ 9.7% 10.4% 8.5.. 6.8% 7.1" 10.8' 8.K
RIIm EIIesd1 Oaunty 10.2'll. 10.4" 7.K 6.K 8.3'!l. 12. O'll. 9.3"
Broward County 10.6" 10.2'llo 8~ 8.7" 6.8% 8.8'll. 8.5"
Table 6: Office Market Characteristics, 2002-2007
T R I-. .\ S l R I. e () \ S T R I.. (; () :\ ,\ I. 1> I. .\ ~ !'. \J (; c: < ) (' :\ C I I.
r n d i a n R i v e r S L u C 1 e J\f a r r i n P a I m B e a c h
DRAFT 161
SUSTAINABLE ECONOMICS
i~
centers that C'llll1l1and lllul',.' )IlO! t r.Liiil i)1 her'
telecommute from homl' ur w(ll'k In Industrial ,,'t
lings as part ul "lll'xtcch" bUildings IluI pru\lli,
t'ront-cnd office and hack-end warehuusl' III Ilghl 111
dustrial.
()ftice employment IS a key economic aC(Jvlty gener
aWr ill many lucations of Palm Beach Count\', includ
lllg the IC\V SlU(ly :uea, because oj the
proximity / adjacency of the 1 ntracoas tal to pnman
otlicc submarkets such as downtown \Xest Palm
Beach, Key findings of the unice markl,t and their
relevance to the IC\V stud" ,lrC,! arc ",ul11manzed
below:
Palm Bet/d) CUHJlI)
l\ccording to CoStar, the County's uffice market IS
dominated by \\est Palm Beach, \vhich C01lUI1lS 2'7
percent, or J 2.5 million Slj. ft., of thl' Count\'s total
uffice i1lvelltory of 46.l) million Sl!. ft. C(JlI1ltvwidc
leasing actlvltv ("net absurption") a true barometer
of the overall health of an office market '. has aver
aged S()(J,O()(I sll. fr. per vear since 2()()2. Vacancy
rates uver the past five years have tluctuated between
eight and twelve percellt. Based on current absorp'
(ton, 1 () ITars would he relluired to reach stabili7atiot1
(i.e., to absorb tfll' County's existing S,() l1lilllon';cl. h
of vacant office Space).
IC]l.' SI/Jdv1rm
Notably, the IC\X' stUll\- area contains almost 24 mil
lion sq. ft. of onice space, full\' half ot the Count,'s
total oftice invent( )ry. . \lthough leasmg actlvIty In the
stu(k area was llegative in 20117 Irdlectlng the signl!
icant ckclinL' in the econorm), (IveLlil ,tbsorptlun
since 2ll(j2 11:IS been strong, a\'eraglng 22 i,.'i(i() sq. f1.
per ITar. \'aGIl1CI' rate:-- O\ef thl' past tilT le,lrs lun'
tluctuated betwt'en Sl'\Tn ,md l.iL'n'll percent. Based
(In ClirrCilt ahs(lrptlon, fully j:2 Icars \\,()lIiL! he IT
clLllred tlJ reach suhilizati( In, l.e.. I,) ,ths( Irh [llc eXist
Jl1g 2.H mil]i(ln Sll. fl. Ilf vaemt IJI'tin: 'P,ICl' (()utnl
In the J( :\\' ,tudl ,trl:;l.
T I( f. I S 1 I(
(' " \... I
I{
II I I! <'"
I \' l' r
II C I C
j (,2
DRAFT
\ 1.:1/1,'"
In COmhll1allOn, the rem;lInmg three manna \illages
Il1laIll sIgn I fiClll til' less (ItflCe spaCl' and \\'1 JuJd bl
conslclercd tcrtlatT office submarkcts. BO\,!1[( In and
RIViera Beach and .Jupiter contain a tuta! ofUi mil
lion Slj. it. (If oftice spacc, accounting for ,lbullt III
pcrceilt ()f the COUlltV's total uttice Inventorl. Leas,
Ing actl,ii\' IS low, ,1\Traging about '72,O(J(l Sl] ft. per
\C,ll' since ~'1)1l2, ,Ind \'aGlnCIeS h,IVL' fluctu;!ted be
i\\'cen till ,md flftecn percent O\'cr the past tll,'(' \'('ars.
LLtsed 1)11 current absorption patterns, appro.\lnuteh
S.H Veal'S would be rel!ulred to reach stabilizatJun (1.l'..
1 u absorb the marina villages' eXlsting ()i3,1)( It) SlJ. fL
I}t vacant uftice space).
General Retail
Re!ail uses reLjuJrc ,t UJIlCentLltlUll of disposable in
come 'f"[om nearby residents, unr!ol'ces :md/clr \'IS'
Itl)rs); strong vlsihilit\' and exten~lVL Cr, Jlltagc;
adequate parking; a clear competlt1\'t' role; and market
Idcntity, \lureo\'er, ~upp()rting tenant~ often rCljuire
,\llchor Icnants (such as ,I grilcen store) or h;ll'e :1
clear m,lrketing Illerll' (such as ,[ visitor destlnation:
!O generate traffic
j!,dlll Hf'i< I; (. Oil ntv
\ccorllIng lo CoStar, P;t1m Bl';lch (, Junt\. u )nC.lln~
(}l) J; milli( 11l sq. It. () C reui! spacl' J n 2, -ns pmpertll's.
I'he (~, Junt\'s rt:Lttl\'e :lftluellcl', strong grow! h, and
n de a, '!Silor deStltLltlOrl han' fueled ,igntficant
grl ,wth III 1 he: reL1J! sector. In f,tet, since 201l::? le:\Slnl'
,1cti\'JlI h,t:-; hecn ljUltl' ,trong. ,llnaging 94h,i)f)() sli.
it. pn \ ('ar. \lorl'o\'l'r, thl' (.('lInt,,\; rl'1a11 markc:t J~
d'fe:ctl\el\ QahliJ7u!, With \,U',IIlCI LItes ,l\er:lglllg
!)Ilk :2.1, pl'n.Tnt per \l',Hsince 211(12.
i ( Ii
I) i \ " ;-, I .'\
,I r till
/;Y'
'.''''
\. ..~..
('II
SUSTAINABLE ECONOMICS
The LC\V corridor contains 27.9 million sq. ft., or 4n
percent of the County's retail inventory, Overall leas-
ing activity in thc study arca since 2002 has bcen solid,
averaging 266,000 sCl. ft. per year, with substantial ac-
tivity in 2005 and 2006, Howevcr, the weakcning
cconomy, tenant out-migration, and industry consol-
idations led to negative absorption of (100,000 sq, ft.)
in 2007, Despite the slowclown of leasing activity, va-
cancies in the study area rernainvery low, at a stabi-
lized levd of 2.8 percent per year since 2002.
M(/rin(/ Vi11a..gt's
Similar to office space, \'\/est Palm Beach contains the
lion's share of retail space in Palm Beach C:ounty, with
19.4 million sq. ft. of space (28 percent) in almost
1,100 propcrties. The othcr three marina villages also
contain a sizable ,lmount of retail space -- 9,5 million
sq. ft. in 365 centers. Retail leasing activity in the four
marina villages has been strong, averaging .B3,OnO sq,
ft. per year since 2002. Notably, Riviera Beach is the
weakest of the four villages, with nominallcasing ac-
tivity, due in part to the lack e)f new retail construc-
tion, Both Boynton and \,\'est Palm Beach accounted
for the most active rctail submarkets during this time,
which includes new retail development in key loca-
tions sllch as Congress Avenue in Boynton Beach.
Industrial/Flex
Demand for industrial park development is driven by
employment patterns and growth in those job sectors
that occupy industrial space, Key locational consid-
erations include proximity to a qualified labor force,
highway, rail and port access, and sufficiently large
(horizontal) buildings and footprints. Industrial
workers use a variety of space depending on local
market characteristics and business mix, For exam-
Table 7: Retail Market Cbaracterbtlcs, 2002-2007
City I County Num ber of blal Rlntable Share of IB Vac:anq Average
B.llldlngs B.llldlng A_ in PB County Rate FWItal Rate
\/'kst Palm Beach 1,086 19,396 ,603 27.8% 3.9% S18.811nnn
Ebynt on Beach 247 6,285.937 90% 49% $23 9711111n
RVlera Beach 27 502,124 07% 10.1% $ 14.00lnnn
..uplter 93 2.797.928 40% 5.9% $26.90Ioon
3 udy Area 11 1,521 27,905,611 400% 4.6% S21.051nnn
RIlm Beach County 2,705 69,787,650 4.7% S20.39Innn
B'oward County 5,803 t 04.386.496 40% 519551nnn
01..- Net Absorption 2002 2003 2004 2005 2006 2007 blal ~..".
. .
\/'kst Palm Beach 300 ,790 30.021 380,657 447,472 (212,801) 73,213 1,019.352 169,892
Ebynt on Beach 133,735 (37,525) 87,429 371,600 305.236 82,278 942,753 157.l26
RVlera Beach (10,390) 31,120 (1,050) 2.2t6 (25.066) (3,170) (528)
..upiter 6,717 6,717 6,717
3udyAlea 1/ 101,146 182,131 (10,657) 725,450 695,320 (99811) 1,593,579 265,597
R1lm ~ach County 657.848 361,661 2.386,586 1,346 ,666 747 579 177 .494 5,677,834 946,306
B'oward County 1.835.053 458.377 593,691 1.593,944 1.294.587 1,076,310 6.851962 1,141.994
End-of- Year Direct Vacancy Rate 2002 2003 2004 2005 2006 2007 A \IV. Annual
We'l. Palm Beach 07% 15% 1.9% 19% 33% 33% 2.1%
B.1 ynt on Beach 04% 16% 20% 29% 25% 713% 28%
RVlera Beach 22% 2.8% 30% 3.4% 84% :3 3O~
..upller 56% 56%
3 udy Area 1/ 11% 22% 27% 28% 36% 45% 28%
F\;Ilm ~ach County 09% 19% 21% 25% 34% 41% 26%
!'toward County 09% 23% 31% 32% 26% 31% 25%
Table 7: Retail Market Characteristics, 2002-2007
T I{ L\ S 1
I n d i a n
R I': C (1\ S T
R,ver 5t
R L c; () N ,\ I. P 1.\ :\ :\
LUCie Marrin
:\<:11.
(' a c h
;\; C; C (1 l
P a 1mB
DRAFT
I ()]
SUSTAINABLE ECONOMICS
"'.:t~
(,.
pic, some mdustrralll:nants ,In' >mall, "11\( 1\11 & P( '\I
operatlons such:h l1ght assl'lllhh that IlU\ lease Ih,ll
prernises In a frce-sLlndlllg warehouse III ,Ill ilHlustrr:d
park, Larger lllanufacturlng C( InCertls might ('CCllp"
a "build-to.sua" tacll11Y or campus prm-Iding "prO!
tul1lties for expansIon. Uther IndusrrlallelLlIlls, such
as contractors, 111lght OCCUr\ ..tlex_tl"ch" huddinL';S
that provlck fron r -end () tfice ,lnd hackc llcl \\',lIT
house/ storage (ipUa1l0l1s
Palm l3e(/(!i CIiNn!l'
According to CoStar, Palm Beach County\ Indus
trial/ flex inventory totals 59.6 million sq. ft. of space
in almost 2,800 properties. Leas1l1g activit) has been
strong, averaging 630,000 sq, ft. per year since 2002.
The \veakening ecol1omy In 2007 led to negative ab
sorption of nearlv one rnilliol1 sCI. feet (98CJ,OOll sCI.
ft.), as l11dustrles consolidated ur contracted.
'\..('l1elilck's\. the ( (llllll\' S nclustr1:l1I1urkl'[ s"rI'l
l/nL \\llh \.IClI1C\ uteS C()ll>lslel1th hel\l\\ II f)n
C"IH "llll\' 2002. lhsni urfl'n( :ihs. )rpll\l
["'ttcrlh. lughh se\en \e;irS \\'(lllld he rn!cllrn! II
reach statJdlz,l(j( '11 Il.e., In ,lbsorh the eXls(jll~.";'::; 1111]
ill III Sll. II ,i \-:lClfH industria] tle\ ~pace j"cJtni ill
! hl' ( .Ollnt\
](1/" \ Ired
I he 1<\\ "tulh,m:a ConL111lS {1\'l:1' h:li f ,.t Ihe
({)Ulll\\ t'l1almdustrial SP;lCl ),12 mIllion sq. fl.
1('l'ace ()vcnlllcaslng aell\ 11\ III Ihe stull>. "rea has
been gn\crall\ solid, averaging IlfJ,I)(j() sl.j' it. pl~r veal'
since 20(12. However, I he we,rkel1lng lU ,nOl1l\
sjuwcd leaSIng over the past tWO \cars, resulting in
11l'gallvc' ,lhsorptlon over l1lure than 6UU,UU(} sq. fl..
Despltc thIS s]o\.vdowt1, vaCllKles rl'main low, UI1g1l1g
1 r, Illl threl' 1\1 SIX percent sinn. 2U02 Based 1111 cur-
Table 8: IndustriaJJFlex Market Characteristics, 2002-2007
Table 8. Industrial/Flex Market Charactenstlcs, 2002-2007
T IZ I'. \ :-, l I{ C ( I
--I n d 1 a 11 R 1 \' e r
j()4
\ >1 R I (, i "'. I) i '. ." " I " l, (,') I
,-- S t--~-I-;-;-C--I-~----~-~r'~;-'I~t--ln---~----IJ;lT-;n-iT7~l~~-h---
DRAFT
SUSTAINABLE ECONOMICS
A
(~.
n:nt absorption pattcrns, 13+ years would be required
to reach stabilization (i,e., to absorb the existing 2,1
million sq, ft. of vacant industrial/ flex space located
in the ICW study area).
Marilla Vill'lJ!.es
c.
Because of excellent highway access, sufficient
amounts of industrial-zoned land, and proximity to
both the international airport and the Port of Palm
Beach, the marina villages (particularly \X/est Palm
Beach and Riviera Beach) contain almost half of the
C:ounty's entire industrial! tlex inventory, with '27,5
million sq. ft. of space. Industrial/ t1ex leasing activity
across the fOUl" marina villages since 2002 has aver-
agcd over 503,000 sq, ft. per year, with \'('est Palm
Beach capturing the lion's share of leasing deals. Riv-
iera Beach, on the other hand, has experienced un-
even leasing patterns - from negative absorption of
('246,000 S(J. ft.) in 2C107 to 471,000 sq, ft. in 2005,
Based on current absorption patterns, approximately
six years would be required to reach stabilization ~lnd
absorption of the marina villages' existing 3,1 million
sq. ft. of vacant industrial/ tlex space.
Hotel/Lodging
Trends in the hotel/lodging market were examined
for selected properties in Palm Beach County by an-
alyzing market perform<1rlCe data provided by Smith
Travel Research (STR), which tracks hotel market
trends across the United States. STR tracks market
performance fur 77 properties containing 12,450
hotel rooms in Palm Beach County. r~'ully One-L]Uarter
of the County's hotel moms are locHed in \,\'est Palm
Beach, and another 10 percent are locatcd in Boca
Raton/Highland Beach (Zip Code .B 4 1:\7) , In terms
of product type, 48 perccnt of thc County's hotel
rooms are contained in "limited-service" properties
while 52 percent are located in full-service properties,
Full-service hotels are typically distinguished by thl:
level of amenities, on-site dining, meeting/confer-
ence rooms, and other supporting services that are
not in limited-service properties.
For this IeW Study, a sample survey was conducted
which included .30 properties with 4,450 rooms in
scveral communities across the County. Relevant
findings are summarized below:
.
i\larket performance of selected properties
has t1uctuated over the last six years, While
supply (i,e" number of rooms) has increascd
because of new construction; demand has
been uneven-ranging from a low of 63 per-
cent in '2007 to a high of 73 percent in 200S.
.
Currcnt annual occupancies of 63 percent are
insufficient to support new hotel develop-
ment, as the capital markets seek minimum
sustained annual occupancies of 70 to 72 per-
cent before providing tinancing for new hotel
construction. (P'inancing agreements felr re-
ccnt new construction were secured several
years ago when the market was stronger).
.
Other key barometers of market perform-
ance include average daily rate (ADR) and
revenuc per available room (REVPAR). The
i\DRs have increased at an average pace of
6.1 percent pcr year, and revenue per available
room, which is the best measure of year-to-
year growth because it considcrs simultane-
ous changes in both room rate and annual
occupancy levels, has incrcased 5.5 perccnt
per year since '2002.
.
,\s noted previously in the visitor protile, the
Palm Beach County Tourism Development
Council estimates that about half of the
County's annual visitors, or 2.4 million, stay
in hotels, with a party size that averages 2.1
people who stay .3.3 days,
Sn'l:r;t1 of the properties illustrated in Table l) are lo-
cated in the lC\\:' study area (and/or the five marina
villages, particularly \\'l'St Palm Beach). The ckgree
T R l- ,\ S l ~ R l-
Indian Ri
COAST
v e r S
R I ,~ ( ; I () :\ .\ I. P I. \ :-, N
LUCIe Martin
\J (; c: () I: :--.: C I I.
Palm Beach
1 ()5
DRAFT
SUSTAINABLE ECONOMICS
-......"-,.~.______._"._____"c_._.._,.._."".,". ._,__"."__...,, ."~'___._,___.",_.,,..._'''__.~__~._. ".~'_..~.._..__.,__,_ .___________.'...._ .. _ *__'~_.__,._._",_
to which addiUollal hotel de\'elllpnW1l1 can lle SUI)
ported by the markctplace 111 rhe IC\\ Slu,II.i1'C':l \Vii]
be dictated by a range of factors, Including: ,Innu:d
occupancies (sustalned above '(I percent:; growth i1'
visitors, buslncss travelers and COl1venUon delegate>
to Palm Beach COUI1t\'; state ,1I1cl nauul1al ecunl ll1llC
condiuo!1s; the' .l\':11bhilit\ 'It ,lpprOpr1:lfl'f\ ;1 )cltni,
developable parcels wi th secured ell t I tlcll1en rs; p1'<'\
....;.~.......
\,
Table 9: Hotel Market Characteristics, 2002-2007
""~9:1.~
AIoSiIable RxlmN9>ts(&lppl~
Oowpied Rxlm ffights (Demand)
Annual O::alpancy~.)
A-.erage Daily RIte
Fe 'oI!nlI6'A....able Fbom 1 !
Y...~._~~.
Ann uaI 0a1I;> afIoC)'
A_age I:aoly Fete
Fe\I!fIUelA....able Fbom
':J~'
"'.'_ .
f );\
F~i1i1y
Best W!:sI2m Palm Beach !Ai<es
Stud", 6 Wesr Palm Beach
Co..-t}BnI WtiI Palm lludl Airp:>rt
M.....iott'\M!osl Pam8o&dl
SIp. 8 Wes Palm Beacb
wxayCclledioo ThE Ftic< t @ Sin ge< I3an d
HItoo Snge< Isla>G Q:sn Iron t R>'I> rt
Fe9doeoce hn '\M!osl Palm !leacll
1:8)5 hn V\\!!st Pam s-a. Airport North
I1!d Rxl f M West Palm Bead:l
Coort)8rtl West Palm Be-adl
Extended Sl~OofUl" WesI RoAm 8I>ad>
klTown lbte:sMiilayTf3lJ
Hamptoo In n Jmo Seadl
I-hlid"t Inn "",res North Palm Seadl
3Jp... 8 Nooh Palm 8I>ad>
Wind <lOr GeIi1dm s
Best ~ Inn Of Amen <:a
Sup... 8lAntan.,80)l1ton B...cl1....'''..
Rtz-Calton Palm B<Bdl
~{o~ e lantana
CombllM &~rtes laMan...
Comb! Inn .lJpole<
T.... ~te< 81>,"", Fesort
La Qllma Inns..llp~
The 8<e<brs
FaIr f>eIcIlnn & Sui IeSPalm 81>3>1>
The O1est...~Eid mtEi
Braz<t", wm "'ta
Fi>ur Seascn-s PaolI "olrn 883m
T wi
2002
1,475.695
S61,JOO
e.5 t%
$ 148.25 $
1 So:! 57 I
IC>cm .
135
137
1():3
352
100
no
223
7S
219
:29
'49
n
r 21
90
HJ&
100
':OJ
n
12:
253
"-4
j;}
7'9
: 'J:3
1'12
5:0
18
:<j
4..450
Illll!\ ',) 'HI silt ,lnd Ile,lrln ,lmenltll'S sue:; ., ,,1]1)1'
[lll1g and dlr11ng; :Hld dlSl:1I1Cl [,
dCI111U1c1 ,','neLI
i.I Jl'S "lIcil ,I, the C()fl\',.'nuI'n notn' ,ll1d 'lire and
rCc'l"t';i[h)fLtl ';lcr:\']r-Il'<': ..;uct~ [..,each ~lr1i. !~'J:l,tln,t~"
The Marine Industry in Palm Beach County
,\, part oj rhe l'C~OOotl11C OYCfl'le\V, 11 rnl,'w and
2003
A'9 Annual
Gr",.'!tl.
200 7 2002.200 7
200-4
2005
2006
1.466,35.3 1.-435,81t t.4&5 .:!.9 7 1~,O53 1.586272 15"4
977. .556 1.025,967 1084,77.5 1.013,39-4 1.005 .906 'j.~J.
06.3% 7',5-':.. 73.0% 63.6% 83,4~-e -05'%
153.69 S 1511.31 $ 172. HI $ 190;53 $ 199.-45 e, 1~'.
101 ~ S 113 12 $ '2.5.72 t 132.70 $ 126.48 S 5',~
DRAFT
1 &~~
3.7"/.
51}'/.,
7 ?-;. 2.2f;/. '46%) (&.9"1.)
3~" 8S'% to. 7'1. 47'4
tt~. tt tf;;. t: ,1:;-" (-47"")
~".J~
"
3.0"1'.
31%
23.4
79...
2.~~
~.2~1.
5':rft
(II'/.,
4.9%
2,~!,
3.3~.
i e~/.
27"t"
2 0-:.
2-4%
L.n:.
20.4
2. t~~,
2 B~4
5,~'"
1 ~"I.
1 2~i,
; e,~/,
! &~t"
2 2~f.
12-4'"
2 2~~
i ~?~
~ trllt.
4 r:.
Table 9: Hotel Market Characteristics. 2002-2007
T I{ I. \ :, I [{ C ( )
I n d 1 a n R I \' l' r
I ()()
\'> I R I (, I (I, . \ I I) j \ .'\, , i '\, (, ( . '\,; i I
--S;---"-T--;-;-~----\r~;-771;;---P-;-1~1l'-Tr--~:-I--::-h--
SUSTAINABLE ECONOMICS
(~>i_
..,~
analysis of available documents providing informa-
tion on the marine industry in Palm Beach County
was conducted, including estimates of the economic
impacts, employment, marinas and boat yards, vessel
registrations and the like. In the rcvic\v of this data,
it should be noted that sources wcre limited, and in
some cases, there were discrepancies between sources
on estimates of similar activities. These sources in-
cluded:
. 2007 j\nnual Rcport of thc j'\,larine Industrics
Association of Palm Beach County (1\11-
APBC);
December 20n6 Update of the Economic
Analysis of the District's \X'atenvays from the
Florida Inland Navigation District;
.
Data from the Port of Palm Beach;
.
April 2008 Economic ,\nalysis of the Miami
River Marine Industry from the Miami Rivcr
Commissicm; and
"':t._
y
.
Economic & Fiscal I mpact Analysis of the
R ybovich l\larina, June 2007.
To the degree possible, key findings are summarized
bdow:
.
As reported by thel\HAPBC in their 2007
Annual Report, the marine industry has an
annual direct economic impact of 31.9 billion
in Palm Beach County,
Statewide, boating contributes S 14 billion an-
nually to the state's economy - ne,lrly twice
that of the citrus industry- and provides al-
most 153,000 jobs,
.
As rcportl"d by the~IL\PBc, thl'l'e are over
1,000 marine-related businesses in Palm
Beach County that provide 1 H,III)(H jobs.
Countywide, the marine industry adds ap-
proximately SHOO million to the local econ-
omy on an anou.ll basis, with a payroll 10
.~,;i--"
T R I. ,\ S l R t. e ( ) .\ S T R
I n d i a 0 R i v e r S t
l:xcess of 5682 million,
. The services sector of the marine industry
generates over S 1 billion in business sales,
;5369 million in personal income, and pro-
vides 9,885 jobs. 'Manufacturing activities in
the marine industry provide more than $320
million in sales, $100 million in pcrsonal in-
come, and 2,490 jobs,
County-wide, there are 110 acres of marinas
and boat yards with a combined appraised
value of $48 million, Palm Beach County has
2,800 boat slips in multiple marinas and boat-
yards \\lith a total appraised value estimated
at $87 million. The ~nAPBC reports that
boat slips in Palm Bcach County are currently
valued at $94,235 per slip, which is an increase
of over 200 percent from a previous study
commissioned in 1999.
. The results of a study conducted by the 1\11-
APBC and the UnIversity of Florida found
that the Palm Beach Boat Show provides the
local economy with a $15 million annual
boost and adds $59,2 million to thc economy
statewide, In its 22nd year, annual sales at the
boat shmv reach $78 million, with $58,3 mil-
lion by Florida companies and $13,9 million
in sales by companies based in Palm Beach
County,
.
The Florida! nland Navigation District's 2006
report states that if maintenance of Palm
Beach County's waterways \",ere to cease,
there \\lonld be an SR24 million decline in ma-
rine-related sales, a 5297 million decrease in
personal income, and a loss of ,lpproximately
7,256 ic >bs.
Based on "today's standards", the !\:avigation
District estimates th,lt if the County's water-
ways wcre adequately maintained to their de.
sign depths, tht:l'C would be a $227 million
I. C; I () :\ .\ L P L ,\ :-... :\
!, u C I e 1\[ art i n
;-..J c; C (l I' :\ C [ L
Palm Bt::lch
167
DRAFT
SUSTAINABLE ECONOMICS
()
11Krl'~lse 111 l1Llnl1l' related salc"i iIlCrl'~b(~
I)f S,')I) million 111IJl'r,IJlui 11\(1)111,', .Ind .1Il1Il'
creaSe' o(,dmost 2,(1(1( 1 I' )hs.
.
[\s reported by the Flonda Dq)anment or
Jjigll\vay S,tfety & i\lotor VehlClc~, thcIT ,He
42,7(10 regIstered marine \'cssl'ls In Palm
Beach County (2()() 7) , which rctlcct~ .\n In
crease (jf 'LI5() additional vcssels than \\'cre
rq2,lstlTl'C1 111 20()(), ()n ,n'nage, rill' number
of registC'red vessels IS Incrl'aSlng 1.5 pncent
per \,l'a1'.
!,)
ApproXImately half of registered vessels In
Palm Beach Count\' arl' sl7ed bet\vl'en J 6 fr.
and 26 It. in length, \\hile this vcssellength
experienced the largest absoiutl' Increase In
the number of registered vessels :2,()()O since
20(0), the highest rate of growth IS occurring
among \'essels greater than I J (I t1. In kngth.
These VeSSl'IS, which ,Ire known as "mega
yachts", jumped from onl' reglstercd \'l'ssc! In
2000 to 12 rl'glstered vessels In 2(1I)'7, 1m an-
llual mCrl'aSl' (Jf 43 pl'rcem. in ;Iddltiun,
therl' has a1su been ,\ rapId Increase 1 n 1 h e
number of vessels sJ7ed bet\veen (J.'i tL .md
110 ft., whIch mcreased an average,)t ,IX pn
cent per leal' Slncc 2000.
Working Waterfronts
j)(){//l'Lfrtl c> \ lamia
The R\'bovlch Boatl'arcl & \1anna, which uccupIes .1
1.UFacre parcel approximate1I' .2 mlles r10rth ()f
duwntuwn \\'est Palm Beach, h a maJur cuntributor
, the c, Hint\' ('CUIl( ,mI. 'rCRP(. revIC'wed rhe Lco-
nomIC & Fiscal Impact i\nal\'sls prepared lw I.,lmber!
\dVISOl'\, I.U: lf1.1une 2()()'7 on heh:.df uf the mann,1.
[he'se fIndIngs ,uggest Ihl Ii d]uW1I1g:
(,urrellt opeLlt!ons 1I1C lude 2, 9()1 I hne,lr feet
of wet-slip dockage and! 4,()()() SCI. (r ot o(
flces and cuvered maIntenance hUJldtngs.
\Xhen full expanslun ts completed (esumated
In Lite 2(JOH/C'arly 2()()i)), the hoatlard will
"mtain lJ,2()() linear feel of \vetmslip dockage
Including 2() wet-sllps capable ut accummu
dating \'esscls ISO ft. to 225 ft.), and ,\ ..j.l,()()()
"I. fl. sLlte'-uf-the-,lrt yacht repair facdll\ I':x
p<lIbllln wtll almost rrlple the lahul' furu from
1 n() II) 2HO employees hI' 20 j( I.
Iktween 2()l1(1 ,1I1d 20 II J, IhIS u;panslun pro]-
('(.t c.ln he expe'cted [0 lield ;1 cumulative toLd
'if S i hillion In Palm Beach County Iw sup
p' lrting ,1Im, ),t] ,SOllloh~, cU!1trihutin,L' ,11J l:S
Table 10: Marine Vessel Registrations in Palm Beach County, 2000-2007
Change 2000-2007
Size 1ft .J 2000 2001 2002 2003 2004 2005 2006 2007 Amount % CAGR
<: 12 ft. 7,739 8,242 8,360 8,604 8,616 8,752 8,604 S,55{l 811 10.5% 14%
12-15"11 6,393 6,674 6,648 6.4 78 6,199 6,009 5,761 5,535 (858) ,13.4% -20%
16-25"11 18,761 19,661 20,461 20,925 21.178 21,660 21,674 21,374 2,613 13.9% 19%
26-39"11 4,592 4,832 5,200 5,418 5.655 5,962 6.015 6,054 1.462 31.8% 40%
40-64"11 994 1.022 1,017 1.114 1.113 1,128 1 092 1,068 14 14% 1.0%
65-109"11 73 80 87 91 93 102 101 111 38 52.1% 62%
> 110 ft 1 5 5 6 6 5 10 12 11 11000% 426%
Total: 38,553 40,516 41,838 42,636 42,860 43,618 43,257 42,704 4.151 10.8% 1.5%
SJurce. HOIlda Ueparlmef11 01 Hlqhway tillely and Molor VehICles. h:QnollllcsResealch AS9JO at es. 200!l
Table 10 Manne Vehicle RegistratIOn 2002-2007
'1' I{ I'. .1 :., I I{ I (. () I ~ I I{ I
-~1Cf-I:ifl-Rl-~~-r----:-~-r-
l I 1 () " \ I
p, I.......... I '~ (;
(- ,)
,\, ,
I ()?)
DRAFT
II (-TZ'-------:\T'.;--r--;-;--n----T)";IT-;-l1---1-r-;::-J-;-F,-
d~
~.~
~....
d
~
SUSTAINABLE ECONOMICS
timat~d $300 million in labor wagcs and com-
pensation. The facility will contribute an es-
timated $488 million to the gross domestic
product (COP) of Palm Beach County dur-
ing this period, with the boatyard and associ-
atcd impacts from busincss operations
projected to contribute $20 million in state
revenues and $23 million to local govcrnment
revenues in Palm Bea<:,h County
Lambert Advisory, LLC projects that total
economic impacts generated by the boatyard
expansion of $750 million to the City of West
Palm Beach from 2006 to 2010. The project
is expected to support 975 jobs and generate
$200 million in labor wages and compensa-
tion. The City is also expected to benefit
from $17 million in revenues over this period.
As mentioned earlier in this section, the passage of
Amendmcnt 6 will help to stabilizc working water-
fronts by recluiring the local governmcnt property ap-
praiscr to tax thesc properties based upon current use
characteristics and not on potential uses such as high-
end residential. This property tax relief measure
alone is not enough to support a tlourishing working
watcrfront economy. Additional measures will bc
nceded to lay the groundwork for a strong and vi-
. brant commercial watcrfront sector not least of
which is public policy support of thc marinc indus-
tries cluster and its emerging related megaY,lcht in-
dustry.
Megayacht Industry
A growing sector within the marine industries cluster
is that of megayacht repair and retrofit. The highly
specialized needs of this sub-cluster ~adequate water
depth and waterfront access, industrial zoncd upland
facilities, skilled labor and related infrastructure - lim-
its its growth to very few places in Florida or the na-
tion for that matter. Palm Beach County has the
capability to support the creation of a multi-faceted
megayacht industry capable of supporting thousands
of high-paying jobs.
Palm Beach County is in a unigue position to help
cultivate the growth of the megayacht industry be-
'..,J
r Rybovich Boatyard and Marina. West Palm Beach
TREASURE COAST
Indian Rivcr St
R E (; I () N .-\ L P I. ;\ :\ N
LUCie Martin
N C; C () (1 N C I I.
Palm Beach
\69
DRAFT
SUSTAINABLE ECONOMICS
.'
C)
cause it has a readily skilled and acbpt-
able workforce, prime waterfront ac-
cess to this class of ships, and an
already established level of private sec-
tor investment in facilities and infra-
structure. The section with the highest
concentration of marine industrial
uses, from \'Vest Palm Beach to Riviera
Beach, is illustrated to the right, This
proposcd "Megayacht ]\[ile" would be
a natural location to support a megay-
acht industry cluster. At its southern-
most point, it would be anchored by
the Rybovich Boatyard in West Palm
Beach and at its northerly extent by the
marine district in the City of Rivicra
Beach.
This corridor could grow into a
1llegayacht hub with significant sup-
port industry spin-off potential in the
following areas:
1"1\...
t.;;.g
.
Carpcntry
1\letal fabrication
l\-Iarine Electronics
Boat Manufacturing
Provisioning
.
.
.
The image above indicates some of the deepwater access improvements currently
envisioned in the vicinity of the proposed "Megayacht Mile,"
.
Incentives to encourage capital investment in
the marine industry cluster and its support in-
dustries;
.
Officially establishing a marine industries
cluster in Palm Beach County; and
Dredging to support the creation of a
"megayacht mile" which would accommo-
date the needs of a super-yacht class of ships.
Dredging to a depth of 17 feet for a little less than a
mile would be ,ln important measure of public sup-
port that would further enhance the County's posi-
tion as the locus for the megayacht industry.
Additional public policy support, based on in-depth
intervie\vs and discussions with the1\hrine Industries
Association, Rybovich and Viking Yacht representa-
tives could also include:
The working waterfront area in Riviera Beach, char-
acteri7.ed as ?\hrine District North and M,lrine Dis-
trict South in the Citizen's 1\hster Pbn from the
Rivicra Beach CR1\ Charrette Oanuary 2(08), form
the northern terminus of the megayacht corridor.
The redevelopment potential of tht:se areas is de-
scribed more fully below,
Supportive land-use policies to encourage
marine industry cluster development at key
locations within the IC\\' corridor;
.
':t
I;,;,
T R I:. ,\ ~ l R I'. C l) ,\ S T
Indian River St
/in
Marine District
The City of Riviera Beach h,lS a location and industry
that many would envy: on the Intracoastal \\'atenvay,
R I:. (; () i\-
I. u C 1 e
,\ I. P I. :\ :--.: i\-
~I art I 11
:->i (j C l) L\ :--.: C I I.
Paln1 Beach
DRAFT
I'
C'. .
(..J
"....
I
(b
/' ..
i ~
\ ..;#
SUSTAINABLE ECONOMICS
a deepwater port with extremely
short access to the Atlantic Ocean,
beaches, a barrier island adjacent to
the Town of Palm Beach, and
world-class shopping nearby. The
i\'farine District is east of Broadway
Boulevard (US1) between 25th
Street and 15th Street. Some of the
existing businesses are R ybovich
Yachts and Lockheed i\Ianin. Palm
Beach County is constructing a
public boat ramp south of 19th
Street.
Marine DiJ/ridNorth
The Citizens' J\-faster Plan recom-
mends continuing Avenue C
through the district to create better
access and alleviate traHic on
Broadway Boulevard (US 1). A new
parking garage will provide addi-
tional parking to allow expansion
of marine-related industries and fu-
ture ancillary development. The
parking garage will be lined with
mixed-use buildings that can ac-
commodate residential, rctail, and
commercial uses.
The Rybovich Boatyard andl\Jarina
properties dominate the northern
part of th<.: Marine District. The
Citizens' Master Plan calls for these
prop<.:rties to become a mixed-use
marine industry area.
Marine Dir/rid SO/lth
Aerial photograph of Riviera Beach's Marine District as identified in the Riviera
The southern portion of the marine district includes Viking Yachts, Bicentennial Park, the Riviera Beach
l\Iarina (including the Tiki restaurant), Newcomb Hall, Cracker Boy Boat \,'orks, Spanish Courts, the Port of
Palm Beach, and many smaller marine related activities. ,\dditionally, there are many vacant or distressed parcels
that have been purchased by Viking Yachts as "1\Iaster Developer" of the Inlet Harbor Plan. This area has
been the focus of great atwntion over the Yl'ars bccause uf its amazing waterfront location, the industries al-
T R E .-\ S l; R E c: () r\ S T
[ndian Rivcr Sr
--- ------
R I,: c; I () N .\ I. P
[. u C I C M a
I. .\ N N N c; c: () l' :\ C I I.
r t i n P a I m B e a c h
171
DRAFT
SUSTAINABLE ECONOMICS
(~
ready in place, the enormous redevel-
opment potent.ial, and the number of
public amenities. This area has also
been the subject of passionate debate
and controversy primarily due to the
redevelopment methodology and the
degree of public control over public
amenities (luestloned in the lnlet Har-
bor Plan.
The redevelopment of Marine Dis-
trict South involves both public and
private interests and their respective
visions for reshaping this critical piece
of the City's CRA The following Ma-
rina Villages section describes the
scale and potential economic impact
of this and other redevelopment pro-
posals at each of the lCW corridor's
proposed marina villages.
Marine Industry Workforce Needs
~.
.. .'
.,
j\ critical consideration of any efforts
to enhance the emerging marine in-
dustry cluster and preserve working
waterfronts is to understand the work-
force needs of the marine industries.
1\ recent study completed by the Cen-
ter for Urban & Environmental Solu-
tions, Marine \X'orkforce Study for the
Tri-County Region, June 200S was de-
signed to do just tbat. It sought to un-
derstand the present and future
workforce needs of the marine indus-
try, The key findings suggest:
. i\lmost half (45'~'~)) of small-
medium businesses (5+ em-
ployees) have been in
operation for 20 or more
years, ()f the S()!e proprietors
(under 5 employees), 4U per-
n:nt have been in business for
I
Citizens' Master Plan for Marine District North in Riviera Beach
less than '[ 0 years.
'fhe maj()rity of resp()\1(h:nts were small-medium c()mpa-
nil'S. There were 5S percent (127) small-medium companies
and 45 percent (106) sole proprietors, totaJi I1g 233 total re-
spondent businesses. This compares with .1 sample popula-
tion split between small-medium (4411:11) and sole proprietors
(S(l"/I,) .
"
'J'
...<1
T R E \ S U R I', C (.) ,\ ~ T R 1-, (; I ( ) 0. ' \ I. P I. ,\ ;.., ;-..; I :--J (; C l 1 11 ;.., C I I.
I n d 1 a 11 R i \' e r S t L u c i e 1\1 a r t i n p a I 111 13 e a c h
172
DRAFT
,
SUSTAINABLE ECONOMICS
~
\t~
The largest proportion of busincsses sur-
veyed were involved' with some aspect of re-
pair or service, followed by sales.
The majority of employees in the Tri-County
marine industry work full time.
About half (53'Yu) of those employees that
marine businesses are currently recruiting are
trades and technical positions, particularly
electrical technicians, boating systems techni-
cians, carpenters/joiners, and boat yard labor-
ers. Sales staff are also in demand. Two-thirds
of the future positions that marine compa-
nies are looking to hire are trade and technical
positions, followed by sales staff.
, ....
The most important skills that the marine in-
dustry nceds currently and in the future are
technical skills, which consist of mechanics,
welders, engineers, and electricians. Next
highest needs are experienced employees, fol-
100ved by workers with solid personal attrib-
utes, such as work ethic, honesty, and loyalty.
c;
Marine Workforce Study for
the Tri-County Region
'4%
Marine Workforce Study for the Tri-County Region
8%
Primary Product or Service by Company Size
:$''-
",,'"
~ '"
~ 5%
#01" 7%
" /: )... '~'w'~ ._.z~~, __ .~~~___, 7%
" ~~/~" 7"4
, . .~
v" ~.." cf' ~
v'" iJ,Nt'
t;(f ..'1' ~
;-~. ......
~ ~~l
~.;P ~.; ..'I-'
,.. q; #'~ .
~~ qpo#- ~Q ~'" I." k_"M ., .~_..__ ~ __
q'tJ t- ~ ."
qp s..~ I ~%
, ..,.. I.. 16%
\~~~{:>..6~' ~~ .,,_ ~..~___ '. ----<! ,.." ,14% '16%
.6"; ., Ll.'" ! . iiii . ~' 18% ;
~\l <1'~ ,," ~-" ." . " .' .. ,., ._-.~ - -.- ~~ - -.- '-". -- _~ ~'~~'-'-'8%
~<,J q,~.... ~q1o 0% 2% 4 'Yo 6% 8% 10% 120/" 14% 16% 18% 20%
~ ~
~.
5',\
7%
8%
11%
--.
10%
12%
.~H~%
/ ....
C 1-4 Employe.. .5+ Employe.. D ToLIl:
Table 11: Primary Product or Service by Company Source: Marine Workforce Study for the Tri-County
Region
I .
. .,~
.;;p
T R E ;\ S l' H E
Indian Ri
C()/\ST
v e r S t
R I': (; I () N ,-\ I. P I. .\ :\ N I :--J (; r: () l.: N C [ I.
r. u c I e ;\1 a r t i n p a I m B e ;1 C h
DRAFT 173
SUSTAINABLE ECONOMICS
/~.I"'..'!'~
\"4
Nearly three-cluarters (73"Il,) of those compa-
nies with five or more employees have diffi-
culty finding qualified personnel. ()nly h,11f
(53%) of sole proprietors mentioned diffi-
culty in recruiting personnd.
The study makes a number of key recommendations
designed to enhance the skills and workforce readi-
ness of marine industry employees. These recom-
mendations are illustrated in the Key Findings section
of this chapter.
Marine-Related Opportunities
(~
The summary information of the marine industry in
Palm Beach County presented in this overview sug-
gests that it is a critical element of the County's econ-
omy. That said, the availability and depth of data has
not been sufficiently tracked over an extended period
of time to sufficiently glean conclusions and identify
key recommendations. For example, tracking the
number of marine-related jobs (by North American
Industry Classitication System [NAlCS] Code) over
multiple years and by classifications is critical to un-
derstand trends in this sector. This will also assist in
opportunities to more clearly dctine "marine clus-
ters," or groups of similar activities within sectors
that could thus enable sound recommendations in
land use policies along the lC\XI corridor. For exam-
ple, while anecdotal inforn,ation and a review of ves-
b
.:J
J
The most important skills that the marine industry needs cur-
rently and in the future are technical skills
sd registration data suggest that demand for marina
slips is strong, more detailed feasibility studies - in-
cluding facility surveys of occupancy levels/utiliza-
tion, expansion plans and the like - are necessary to
understand opportunities (and land use policies) re-
lated to marina expansion and access on the IC\v.
Additionally, local governments should continue to
recob'1lize the importance of maintaining working wa-
terfronts in their jurisdictions as signiticant contribu-
tors to the local economy. To that end, it is important
to build upon the Florida Legislature's work in estab-
lishing protections for working waterfronts.
Working Waterfronts
The marine industry contributes signiticantly to Palm
Beach County's overall economy - $1.9 billion in an-
nual direct economic impact and over 18,000+ jobs,
as reported by the l\larine Industries Association of
Palm Beach County. By all accounts it is a critical
component of Palm Beach County's economy. The
Working Waterfronts Protection Act passed by the
Florida Leg-islature in 200S recognizes the critical im-
portance played by the marine industries and the
commercial waterfronts they depend on for their con-
tinucd survival. The legislation aimcd to protect
working waterfronts - commercial and recreational
in nature, because:
COlllflflnial WalNfronlJ
.
Historical signiticance for Florida coastal cities.
.
["imine industries ,lccuunt for an economic im-
pact of 514 billion per year.
Provide Floridians with] K(l,OOn jobs.
.
Bring more di\'ersified economy to coastal com-
munities,
RI'm'lilioll{/1 ICtllt'lj;'OIIIJ
T H- E i\ S l; R F- e I) ,\ S T R E c; ( ) ~ . \ I. P I. :\ :--: :--: ;-..J (; C () l.I " C I I.
1 n d i a n R I V C r S t J. u C I e ,\1 ;l r t 1 n p a I m 13 e a c h
174 DRAFT
/ .
'"
~
/'
(~
,.
J;if
SUSTAINABLE ECONOMICS
· Provide Floridians and tourists with access to the
water.
· Florida has the highest amount of marine recre-
ation in the US.
· Public boat ramps account for an economic im-
pact of $1.3 billion per year.
· Provide Floridians with 25,000 jobs.
· Generate $128 million in state and local tax rev-
enue.
I t is also true that working waterfronts are confronted
by numerous challenges, among which are the follow-
ing driving forces behind working waterfront conver-
S10ns:
.
Rising coastal property values.
High and unpredictable property taxes.
.
Increase in regulation of commercial fishing to
protect reduced fishery stocks.
.
Confusing and time consuming regulatory
processes for expanding or creating new working
waterfronts.
.
Rising fuel costs.
Tax Analysis and Forecast
To the extent practicable, land use and economic poli-
cies that enhance development, redevdopment, and
high-wage job growth opportunities along the rew
system as a whole should be emphasized and more
particularly, centered on the marina villages. At these
core locations a catalyst of initial public sector invest-
ml:nt should he able to leverage a signiticant amount
of private sector invl:stment. In the City of Boynton
Downtown Vision & Master Plan, t'or example, an
T R I: .\ S [.' R I:
Indian Ri
COi\ST
vcr St
R ,.: (;
L u C I e
DRAFT
PBC's working waterfront has created strong
value adjacent to the Purt of Palm Beach through
proposals such as the construction of megayacht
slips, racing sloop repair facilities, marina docks,.
day trip gambling, the Lockheed Undersea Re-
search plant, and environmental attractions such
as Peanut Island.
Pa/llr Beach .Collnty Strategic EconolJlic
De'I.1fJ/opfJlcnt Plan
~-.J>..._.,..,.-.-..,..~",~., .'ffl!P~
'~};~jil[t~;1j:r.w!::;~f~\ig-~~~
"~~~. 'l;.\......"..S'..' .::!-._It:'''',",,,'.~.~-.r~''';J'''~',:,.(I., ",~<".~ '."f!.: H:.-y~,'(.I"':L"
. .,_. .... .">:........~....,.,,. ....,.... . .'.""",.'~
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)~ ~.~-"'" F.'r:' :.}:f,f.iJ>.. .. ...~. ~\~-:;~~./~ ~,"', :.~ ..:.~y,..~:-'
,'. '~~: " ,/ ).:I..'l.;....~.....~. ....~~J.:, "'" ~. .f ,I'. '. ~:.;.,,,~ \~ ....
~..~....~ -:.,.'~. ~~~t'f. .......::.' -~ :'.\) \..r~'_~. ~:'!1 .~ ...,
" . ..... ':'! ~ "I
The marine industry contributes significantfy to Palm Beach
County's overall economy
Working Waterfronts Protection Act passed by the Florida Leg-
islature in 2005 recognizes the critical importance played by
the marine industries and the commercial waterfronts they de-
pend on.
UN,\1.
Pl.ANN
J\fartlo
N (; C () (I N C I I.
Palm Bl:ach
175
SUSTAINABLE ECONOMICS
f!
economic analysis was performed to summarize the
key economic benetits accruing to the City from the
implementation of specitic public and private rccle-
velopment initiatives throughout the downtown. The
economic analysis examined the tax increment rev-
enues that could potentially accrue to the City as a re-
sult of new private-sector investment and
development. On a gross basis, the forecast con-
cluded that full redevelopment (build-out) over the
tax incrcment period of 15 years could gcnerate po-
tential bonding capacity of more than $43 million
($26.4 million from Boynton Beach and $16.8 million
from Palm Beach County). While beyond the scope
of this report, an analysis of the economic benefits
_ potential tax increment financing revenues gener-
ated by specific "prototype" redevelopment projects
at each of the marina villages would provide an im-
portant tool to guide strategic public policy decisions
necessary to attract private sector investment.
Marina Villages
()
There are seven marina villages identified in this In-
tracoastal report. Four were on-going local guvern-
ment cfforts at the time this study was initiated, and
three additional marina village opportunities were
identified during the charrette. Ch,lpter 8: Marina
Villages and Waterfront Destinations includes an
overview and planning, land use, and regulatory
analysis for each of the seven villages.
It should be noted that each of the seven is unique,
and the project orientations include economic devel-
opment, working waterfronts, mixed-use downtowns,
public festival spaces, recreational opportunities, and
eco-tourism. Accordingly, \'vith the differentiation of
these projects, this chapter focuses on the tive with
the strongest development orientation. Each is ex-
amined from the perspective of its stage and scope
of developm<:.nt and the economic benefits its build-
out would potentially generate for its surrounding
community, or in other words. its catalytic effect. The
metrics used to measure the potcntial catalytic out-
'.-1'
comes include demand for "workplace" rl:al estate
(office, industrial, retail), joh creation, and gross re-
gional product.
The five marina villages analyzed in this section in-
clude:
1. Jupiter
2. Palm Beach Gardcns/North Palm Beach
3. Riviera Bcach
4. \X/est Palm Beach
5. Boynton Beach
The two rem,lining marina villages, located in l,ake
W!orth and Lantana, represent strong and interesting
opportunities for the creation of enhanced puhlic and
recreational waterfront destinations. However, they
are not the subject of ,lnalysis in this chapter. The
T I{ I'. ,\ S L: R I:. e (l ..\ S T R 1-: (; ( ) "- .\ I. P I. .\ :\ :\ :\J ( ; C ( ) l.I :\ (~ I I.
I n ( j a n R I \' e r S t r. 11 c 1 e i\! a r t 1 n P a m B e a c h
176 DRAFT
,....
(;~-
'"
r
~
~-
i-...:J1
SUSTAINABLE ECONOMICS
'<
\
. ,
I
i
-.-L
,;
-!I
...
~
l-
i
Attonikl. ~fj. ...1
, ;;
.:;
i:'
.
~
~
..';
CI.atllt" Rd
H11I~boro kilvd
The locations of all seven marina villages is represented on the above map.
l' R E ,\ S l' R E C () A S T R. E (; () N .-\ I. P I. A :-.; N N (j C () u :-.; C I L
I 11 d 1 a n R I V e r S L 1I C I e i\f a r t I n P a I m B e a c h
D RAFT 177
SUSTAINABLE ECONOMICS
C)
total estimated ecunomic impact tu Palm Beach
County's economy from the build-out of the five ma-
rina villages is included after the individual analyses.
Jupiter
The "Riverwalk/I nlet Villagc" project is a multi-
phase project that encompasses a multi-purpose
recreational corridur (Rivcrwalk) and an Inlet Village
promenade (Inlet Village) along the Jupiter Inlet. The
Riverwalk portion of the projcct encompasses a 3.5
mile pedestrian, bicycle, and recreational corridor
along the castern shore of thc Intracoastal \'('aterway
and the south side of the Jupiter Inlet. Opportunities
along the natural corridor include observation areas,
docks, fishing opportunities, an entcrtainment dis-
trict, a park, and other amenities. The Inlet Village
portion of the project seeks to establish a compact,
small-scale mixed-use development with entertain-
ment and working waterfront features. The Village
would be pedestrian-friendly, comprising unique and
welcoming fcatures and vistas.
o
ril. "'.
~
...._. 'MttrlooftV
F""'~
DI!C1\oJ
lio1b.ol'.r
...
-
rolllC_,
,..._c,
Jupiter Riverwa/k project map
Genera/location map for Jupiter marina village
Jupiter Rivcrwalk/l'vlarina Village. The style and
scope would be likened to a historical coastal village
with authentic commercial and cultural venues. De-
velopment in the Inlet Village would be small-scale
and one to three stories in height.
A significant amount of public sector ilwestment,
about $25 million, has been spent to date to help im-
plement the Ri\"el"\valk/lnlet Village project. A good
deal of infrastructure components, including boat
docks, riveL"\valk, and seawalls have been constructed.
From a development standpoint, the pruject is under-
way. A unk]ue challenge to the Inlet Village portion
of the project is to n:Ane and articulate rn<.: visio\1 for
the Village and to communicate t.hat unique vision to
the private sector. Additionally, it will be important
T R 1-'. .\ S l: R ~'. C ( ) ,\ 'i T R f:. (; U 0; i\ I. P I. ,\ :--. :--. :--i c; C () 1I :-\ <: I I.
I n d i a n R i v e r S I. u c i e 1\[ a r t I \1 P a I m B e a c h
17H D RAFT
.,,"
c
,
r.....
1-..::11
SUSTAINABLE ECONOMICS
Palm B.ach County FLU
~ Low RnldMIIaI, 3 dliec (28 K'U)
~ .... (30"".)
Jupiter FLU
D Raoldon'" (.. ....)
liIIiI H1gt'l 01,.11 Raldllnll.1 (to .:rw)
_ Com......", (31..-)
[=:J R1v.....lk A.x (8 .:rwJ
..lnIelV...gIlF....(tBaa.I)
.. M1.., U.. (5!5 E,..e,
D _.on (32 .au)
_ eon-v.Ion(......)
C:J Unkrawn (0.30 E"'J
Generalized future land use map for proposed "Four Corners"
marina vii/age in Palm Beach Gardens and North Palm Beach
The grand opening of the Riverwalk. pictured above. occurred in
2002.
Jupiter Marina Village
Pr'ljer/ Ol'er/JielJl
Development Stage - Developing
. Challenges
e Vision needs to be refined
e Communicating vision to thc privatc. sector
e \Veak real estate market/economy
Opportunities
e S.trong population growth
e Prime real estate.
e . Access to waterfront
..
Catalytjc Potential - Medium
Jupiter J\.larina Village
To/al Emno/IJic Hel/(fit
Impact Summury*
New Jobs Personal Income Gross Regional
Product I
100+ $6.6 million $6.2 million
* Average annual estimates
I. E~timate' qf the' annllal increase in Palm Beach
(qUilty's (;ros~ Regional Output
Table 12: Total Economic Benefit.
Assuming a $50 million investment to implement the River-
walk/Inlet Village project over five years, the total economic
benefit for the Jupiter Inlet Village project is illustrated in
the table above.
l' R I'. .\ S {' R I'. c: () i\ S T R I: G 0 :--; .\ L P L t\ :'\ i\: :-J c; C l) L' ;--; C I [.
I n d I a n R \' e r S t L LI C I e ~r a r t i n P a I m 13 e a c h
DRAFT 179
SUSTAINABLE ECONOMICS
~ '~'.;;' .' ':':"::~::'l;.,.,~~~',-{1r.... ,,::<'..
'" .~ '''.i.......o....~..'.''.,..~:~;." :,.':..'+':...'c~<.r~' .
.....,..-,.f..;..~'.\"....: >,,:~..:~J ",. :;..~. ,.~..\~~_..t~'. :-..-,,~- J. ~ : ''1 :-.).... .-"
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~.~..~~;;~; ~.~. ~ "':",' ._J". ,.fh ~:R.~'~'_'~(~'."'~, _,_,,01 ,", .,....-; ':
~ ..,1I.~~:-:;':-C-:~~ P.l1l/'r;B~~)J c ~1 G'a,.!Jf~;,"s1 ;j:
oi'1";t' :,'''';;~'>;'.'i>'' ..~-::~..t_:~.t'~'.:..:'~~y ,~_~..'~ l''W!
\~,--" .:.h', N~Jtll,Pill"~;l3!:..1Cfl...~ ;:;I~
.~~ o.~ ':'~i =; ~...~ ~ ~ F.';ur:C';>rn~;/'5 j~Jifl'n~l vill~~e!'
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G)
for the City to attract the right mix of private sector
investment to achieve the authentic, small-scale work
ing waterfrunt village it seeks to establish.
Palm Beach Gardens/North Palm Beach
At the intersection of PGA Boulevard with the In-
tracoastal, charrettt participants identitied an oppor-
tunity to develop a new marina village opportunity.
Given a working title of "PGt\ 4 Corners," the proj-
ect concept suggests a medium intensity, mixed-use
redevelopment project geared to maintain and en-
hance a working waterfront/ entertainment district
with the addition of live-work destination at the four
corners as represented in the images in this section.
l\nticipating retention of the existing uses on the four
properties, the redevelopment concept cuuld encom-
pass a marina and marina-related activities, residential,
commercial, hotel, and office uses as follows:
RiVl'/i)OIl.ff' (N1l'/ Corm))
.
Boat Barn: 75,nOO square feet (+ / -400 hoats)
44 residential units
83 hotel rooms/suites
17,500 square feet of marine-related sales, retail,
and sundries
@
.
.
If'/{)tmJ'(?Y ((1}f (-HI/" Comer)
.
4,000 square feet office
14 tc)\vnhouse units
10,000 square feet restaurant expansion and ma-
rine-related services
.
.
SetlJO!U 52 (j\'l:: Cormr)
.
6,000 sCluare ft:l't oftice
14 residential units
Pallalllll flallil' j. (Sl~ Com!'))
n,()()(l square feet of rl'staurant/p.ltiu dining
v
T I{ 1-'. ,\ ~ lJ R I,. C () .\ S T
[ndian River S
tHO
R I'. (; (I i'.
I. u C I e
- ,
,I
/i
I
I
Generalized location map for the recommended "Four Cor-
ners" marina village in Palm Beach Gardens / North Palm
Beach
.....-w;.. ",. .
-'~5 / . .. - _t.::; ~ ":~..
1'l'J, "1.
~.... . ., ~j h
n f""'! ~"""
It- .... <'I'. ."..
> ...~~.'.l .....or" '" ~
". 4 ~r . "'.. '-# ~ti~'~:~ ;'; .. '.1): ...~~ ' J.... I
...... ' : ~~'. '. j
~:r~. ~
........,....-.
As illustrated above. the scale of Four Comers is recom-
mended to be moderate, with typically two to four-story build-
ings along the water's edge.
· 44 w\,vnhollse units
Tolal 1:"O/IOIIIir 8t'1I11/
Basl'd upon the development program summarized
,\ L P L i\ " :--:
1\.[ art I n
N (; C () 1I " C I I.
Palm Beach
DRAFT
/-
~
/--
~
,....
1.>JIl
SUSTAINABLE ECONOMICS
Generalized future land use map designations for PBGINPB
"Four Corners" marina village
Panama Hatties restaurant. at the southeast quadrant of the
Four Corners marina village, currently hosts a water taxi
service.
l' R t.: .\ S l' R I: C () ,\ S T
r n d i a n R i \' e r S t
Palm Beach Gardens/North Palm Beach
Marina Village
Prqjed ()/JerJ'il'J1'
Development Stage - Conceptual
(Concept developed during charrette)
Challenges
· Vision needs to be refined.
· Vision needs to be communicated and analyzed.
by property owners, City of Palm Beach Gar-
dens and Palm Beach. County, neighboring
owners, and citizens
· Weak real estate market/ ecdnomy
Opportunities
· Strong population !:,Ttowth
· Prime real estate
· PGAls regional entertainment/retail destina-
tion
Catalytic Potential - Medium
Palm Beach Gardens/North Palm Beach
Marina Village
To/al Erol/omir B('I1~'/it
Impact Summary*
New Jobs Personal Income Gross Rehl"jonal
Product I
105 $6.6 million $6.3 million
1. Estimate of the ,11l1l1l:11 increase in Palm Reach C:Illlnty's
Gross Reg-iollal Output
Table 13: Palm Beach Gardens/North Palm Beach Total
Economic Benefit.
R I.: ( ; I ( ) I\: .\ I. P I. ,\ :--: to.;
LUCie Martin
N C; C () l.' :-,; C I I.
Palm Beach
181
DRAFT
~
.
,)
SUSTAINABLE ECONOMICS
In October 2007, at the request of tl1e Riviera
Beach Community Rcdevelopment Agcncy
(eRA), TC:RPC conducted a planning char-
rette to assist the community in a re-evalua-
tion of its current CRA rcdevclupmcnt plan.
The resulting Citizens' i\laster Plan and Char-
rettc Repurt (aduptcd January 2008) provided
an assessment of existing conditions and Location map for the Riviera Beach marina village
prospects for future redevelopment plans.
One of the critical tindings in the report is the
community redevelopment area has prime and enviable real estate, including generous amounts of watcrfront
and a deep-watcr purt with short access to the inlet. Thc marine district 'Within thc CRA has a thriving and cx-
panding marine industry with both large and small businesses including Lockhccd Martin, Rybovich, Viking
Y;lchts, and others. The Port of Palm Beach is of regional and state intercst, and imports and exports com-
modities including gasoline. The CRA area is surrounded by regional destinations including:
below, the estimated total economic benefit
for the Palm Beach Gardens/North Palm
Beach Four Corncrs 1brina Village is illus-
trated in 'fable 13.
Riviera Beach
The "\X!aterfront Village" concept reflects a
watershed redevelopment project for the City
of Riviera Beach. This marina village is gen-
erally located east u f Broadway Boulevard
(US 1) between 23rd Street and 11 th Street.
This large-scale, mixed-use rcdevelopment
project encompasses residential, hotel, confer-
ence, working waterfront, oftice, marina, park
revitalization, and public m.ukct cornponents
in a small geographic area that is not easily
replicable anywhere else in South Florida.
The catalytic potential of this redevelopment
project to enhance the City's cconomic base
lS enormous.
~n=.;,",-7~'ll\f,;JJ;\"n.~~"':'" .."
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....... LI1......'!'iJj...,.....~.)t '1
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. .';;~;"'.. ".,,_... - ;...:..~.....:.. t f!Y
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- '_~~:;'::':' . i. ,=L~
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water spurts and fishing activities \vhich operate from the public marina, with casy ocean access;
Peanut island, a Palm Beach County park located several hundred yards off-shore, which has become
a regional rccreatil mal destination that has recently undergone a complete rcnovation and attracts thou-
sands of visitors every \veekend.;
13eachfront access along Singer [sland, which is minutes away from the redevelopment area; and
(:onvenient 1-95 access. allowing quick connections to downtown ''('cst Palm lk;1Ch (only 4.5 miles to
.
.
T R E , \ S l! R I,: C ( ) ,\ s T R E (; I ( ) N ,\ I. P I. :\ :-.. ~ :-.J c; C () Ll i'..: C I I.
[ n d i a n R I V e r S t L 11 C I e ~r a r t 1 n p a 1 m 13 e a c h
IH2 DRAFT
/"~
~\3
/-
t;;,
/' ~
(~,J
SUSTAINABLE ECONOMICS
the south) and PG t\ Boulevard and
the Gardens ~lall (just 5 miles to the
north).
Build-Out: Economic Bel/ljitJ
The estimate of the potential economic ben-
dits of the build-out at this marina village is
,. .
limited to the redevelopment area shown in
the map to the right, \vhich reprcsents approx-
imately 61 acres. The Viking Yacht and Ry-
bovich redevelopment proposals are the cure
pieces being analyzed.
The Viking Yacht redevc:lopment proposal at
i\'farine District South is a phased plan of
mixed use elements encompassing a redevel-
oped City Marina, with new docks and new
dry-stack storage, "festival-style" retail and
restaurants, a rehabilitated Newcomb Hall
multi-purpose complex, and a public parking
garage with marine related retail, working lofts
and office all located on the waterfront of the
Riviera Beach l\larina. TCRPC reviewed the
Economic & Fiscal Impact j\nalysis preparcd
by Devries Real Estate Counselors in August
2008 on behalf of the redevelopment project.
These findings suggest the folluwing:
The project construction and related Generalized future land use designations for the properties within the
Riviera Beach marina village
soft costs are expected to generate a
one-time economic benctit of $548
million. This level of privatc sector investment could produce an overall economic impact of $685
million Count)".vide. Through project build-out, 500 construction jobs are anticipated with 400 per-
manent johs created to support the proposed hotel and conference center, expanded marina, retail
businesses and restaurants.
The proposed construction of ()3H condominium rcsidences is expected to create a one-time fiscal
benctit to the City of Riviera Beach uf approximately $2.2 million from water and sewer connection
fees. Total expected impact fees accruing to the City, Palm Beach County and School District are $8.2
million.
.
Recurring ~iscal bendits to the City of Riviera Beach from ad valorem and sales taxes are projected to
n:ach Sj million and S 1 million, respectively, at build-out.
l' R E r\ S l.' It f~
Indian Ri
COAST
vcr S t
--- ------
R E (; I () 1\ ;\ I. P
1,1ICle i\-la
I. ;\ :\ N ;\J (; C () r.; :\ C I I.
r t I n P .1 I m B e a c h
183
DRAFT
SUSTAINABLE ECONOMICS
Riviera Beach Marina Village
Project Overview
o
These project benefits are predic,lt:ed on an aggressive
rcdevelopment scenario that is dissimilar to the
TCRPC Citizens' J\.faster Plan in scale, density, ,1nd
massing. The Riviera Beach Charrette forms the
basis of the development program that is used to es-
timate the total economic benefit of the marina vil-
lage development/rcdevelopment project.
~
l~
The Rybovich marina redcvelopment proposal, de-
scribed earlier, aims to create a mixed-use marine in-
dustry area that will, it is hoped, accommodate
megayachts in the 180- to 300-foot class. Rybovich
hopes to invest approximately $150 million to retrofit
its existing marina facilities in the Marine District
North area to accommodate the needs of the super-
yacht class of ships. The specialized repair and retro-
fit needs of this size of yacht, requires infrastructure,
facilities, and ancillary development that will be in-
creasingly difficult to meet at the Rybovich \V'est Palm
Beach boatyard. The average daily employment at
the future expanded working waterfront facility in
Riviera Beach is, according to Rybovich, expected to
generate 2,500 to 3,000 jobs.
Total Erollolll;t' Benefit
Based upon the development program below and the
projected boatyard and marina operations, the Riviera
Beach l\1arina ViUage project is estimated to yield the
'..J
Riviera Beach's waterfront includes a substantial concentra-
tion of the County's working waterfront uses.
. Development Stage - Formative
Challenges
. Negotiating strong public/private sector part-
oerships
. Public sector investment and buy-in
· T~rti~l}' 9ffice subm~r~et
· Nominal retail leasing activity
. Uneven industrial leasing patterns
· \X!eak real estate market/ economy
Opportunities
. Private sector inves tment
· Prime real estate
· Access to waterfront
· Deep-water port
Catalytic Potential - High
Riviera Beach J\hrina Village
T'ota/ Ecr)f/Ol1l;r 13mtjit
Impact Summary*
New Jobs Personal Income Gross Regional
Product 1
2500 $156 million $169 millioo
. I-lousing - 1,614 dwelling units
. Rdail- 422,000 s(juare feet (marine-related
uses/ retail)
. Oftice/Industrial- 137,500 :,;c\uarc fed
(marine industry /hoatyard operations)
. Hotcl- 110 rooms
1. F.slim,lIe of rhe ,In 11 lI,l I incrl.'asc in Palm Be:lch C"lIllty\
C; russ R,'gioll:1l (llltpllt
Table 14: Riviera Beach Total Economic Benefit.
T I{ E i\ ~ L; I{ E C ( I .\ S T R E (j I U N .\ L P L .\ :--: :\ N (; C () \1 :--: <- I I.
I 11 d i a n R i v e r S L 1I C 1 e i'vl a r t i 11 P a I n1 13 e a c h
184 DRAFT
(...
~
/....
A.
-
,....
(,~
SUSTAINABLE ECONOMICS
economic impacts illustratcd in Table 14.
West Palm Beach
"\'Vaterfrunt Communs" is a comprchensivc
public realm developmcnt project which aims
to reconncct the City's downtown with its
rnile-Iong waterfront. On the City's project
wcbsite, thc City indicatcs it "intends to build
a world-class amenity that will enhance the
beamy ancl utility of the waterfront and create
a spectacular civic space." To date, local,
state, and federal funding secured to help im-
plement the project total more than $36 mil-
lion. Of that total, approximately $5 million
has alrcady been spent to rebuild thc City's
seawall along Lake Worth. The project is on
a fast-track for implementation, and build-out
of the first phase is anticipated by the end of
2009. Critical project elements include a
highly t1exibIe space known as the "Palm," a
grand-scale "City Commons," the "Great
Lawn" to host festivals and special cvents, the
"Lake Pavilion," the reconngunltion of Fla-
glcr Drive, and more. Programming at the
\'Vaterfront Commons includes performance
space, market cvcnts, community events, and
interactive t~lCi]jties.
~. ~"."'''.'.''~i.
.... . ....,..,,, .~ ....
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41 -.~~ " ~ - 0\). . a ,. "" :"~~:;.: .::. . ~'.:~~~
~ ~~r-- ~"I;'''' "./' \~"':. .01" . II '. ""~. ~"'__"
~?f;':;, :',\ ::',,'/' '/~:::7~ Wes t Palm ~~~:~!.l~' '-~,:~tt
.J', t "J. . .-"" " (.:.", .. "Waterfront ,q<?~lrpo.r~,;l!
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t:';':_:_~~.~i~;,-~';";' lr09J, ~,' ...,::; A":' I'~'"
· I '~~~1.~,{1;\ I';~.J -~~ ~ ~', c 1 i~ -{ . ~~
~.~.irr~~ar.':'.J~"I"iJi:"Ji~'\, -:: ..t.
. .,.~t..~:t'l'..:..trr"''-ll'' , '~'.
~i?::;'~~';i"'Yl:' ' .' . ,; ".J
~~".. :J~. ~.:~-, I ~j" ~f- ,J _." . t. - .:... '.
<:;'i..~Qitl't<- 1'(' ~~'j'~': , .J" . ''',.~.;':
. .,. ....If' tl~"" .~....) , .I 0 ). _ ..... i
~.~'.. J:"" '(-1 U 'j ~\ ~i'1'~\.~_ _ _ ~ a.:'"..':'~ /~:. . ~: .1
-. -- - . .-:-;t ~~fj =".',1' r . ~~ ~ "
- :-:~r;.:..:... ,-~~--~ .. '~AC' "'o!"'.1-:;'-' ';'" m.1J.t~"
. I .-;[cN1J.l" _ ~-.;:J,,$t;~...:"";Y 'U... .9-.......},~... .;'~I"~:.". .
.,.
~l '1
. :.
.. >
.
,. .:..n.
~..' .~
...r.....
The trans formative power of this project is
high in that it: Location map for the West Palm Beach marina viI/age
1) re-cstablishes an important cunm:ction
hetween the City's downtown .1l1d its wa-
terfront which was historically intact;
2) creates a destination for cultural tourism;
and
3) establishcs clearly articulated public realm
spacc.
TO/tI/ E((IlIoIJI;c 131'n~jit
Based upon a $36 million capital investment
to implement the project, the total economic
benefit provided by thc \X'est Palm Bcach \'(/;1-
terfront Commons project is illustrated in
l' R I: .-\ S l; R I: C () i\ S T
Indian River St
-- ---- -- -
West Palm Beach's marina village setting provides wide-water views
across the Intracoastal and Lake Worth Lagoon.
RI':C'O:'oJ.-\L PI.;\:\N
[.lICle i\Tartin
:\J C C () U :'oJ c: I I.
P a I m 13 e a c h
185
DRAFT
It)
Q
.../
SUSTAINABLE ECONOMICS
West Palm Beach ~l:uina Village
Project ()J.ler!'i{'IJ'
Generalized future land use map designations for the proper-
ties within the West Palm Beach marina village
....:.,
.
Development Stage - Implementation
Challenges
Tie-in to downtown West Palm Beach
Opportunities
. Transformative project.
. Re-establishes connection of downtown and
waterfront
. Promotes/ enhances cultural tourism
. Built-in revenue sources
Catalytic Potential- High
West Palm Beach r,hrina Village
'j'olaf Econotl/ic HI'/Jejit
Impact Summary*
New Jobs Persc )nal income Gross Region.l1
Product I
..,- $4.8 million $4.5 million
(j I. E,timatt' C)f tht' annual incn:asc in Palm 13l',lch County's
Grnss R(:ginnal Uutput
Table 15: West Palm Beach Total Economic Benefit.
'1' R I'. ,\ S t: R I". C ( ) .\ S T R 1-': c; I () 0- i\ I, P L .\ ~ ;\. :-.J (; C u II ~ L l I.
I n d i a n R 1 V e r S t I. u C 1 e ;\\ a r t i n P a I m 13 e a c h
186 DRAFT
/...
SUSTAINABLE ECONOMICS
l.
Table 15.
Boynton Beach
,......
The "Intracoastal \vaterway" project reflects
a long-standing desire on the part of the City
of Boynton Beach and the Boynton Beach
Community Redevelopment Agency to de-
velop a true downtown, live-work destination.
To this end, the public investments provided
thus far to jump-start the overall development
of this 30 ncre+ mixed-use community have
been significant and have stimulated signifi-
cant subsequent private sector investment. In
j\larch 2006, for example the eRA purchased
the Boynton l-larborMarina located on the
lntracoastal waterway. The now public ma-
rina is a key anchor linking the downtown
area to the water and provides a unique wa-
terfront destination activity node. The CRA
has purchased additional land along the wa-
terfront to enhance public access, recreational
opportunities and provide additional parking.
Approximately $25 million in public sector in-
vestments have helped to attract over 5100
million in private sector investment to date.
eRA officials suggest hundreds of full-time
jobs will be created at huiJd-out.
~
l...~:.-t'r :~;~;":~b '~::'j.~ir.r.,,,,," ~ '. t,rf
:..f:;J ;;,'~,,;:l'~,~~;:;:Jr tj'.r.f.ft " ~ A ., .
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+: ~~ ',,:.,~',~~~'>'~;:.~:~~;.:~' ~'.:~'~f.\,.... :i.~tr;,:';I~
, I 3-._t'~ I~, l' "'-" '_.!' v,,. "'ii \..J " .., ....:_-. iI."..'.':.'.' tho
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~~j"'-;.~~..:..:.!i';;.::1f.-(. I;i:...,,;.r~ ~'.' .". .'" j.::
/;ITJ 'J'f;;;".e..;.: -: "'-iii.*' ~ ' " .? ~~ .~ ... . ..
~r;;~.~~~~;~~l;~i~:i~j ,:~'Tt!q.
~.. ..~. .... ~ j;~;~. ..' ~.l ji '.-: :~'_ ::.~.j"iil
'" ......""'."...'" r". ,i.'~'.~' (i :1. . d . c:
~'h.._..,_ .,... -.~ j...::~ 7
..............:r.: :j" ";>0','. ~. i:.:.l .. -. .
5*2-:..~~:"":' f' "~~^; ~~r 1.:-ii~~~8;'iI
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......w -"~-I '-J ',.... f .~ - ...... -, ~".'iI -.1" .....,. I
~-:;......'" ,__.~'?:~-.;L',::.. ,,: ::".:, ~"'l.:~'
The core elements of this waterfront redevel- General location map for the Boynton Beach marina village
opmcnt master plan include:
.
Improving puhlic access
Creating a destination
Improving infrastructure
Preserving tradit.ional marine industries
Upgrading boater services
Protecting the nal1.\fal environment
.
.
.
.
.
/ ...
(:::.:I
Project location map for the Boynton Beach marina vii/age
l' R ,.: ;\ S I; R E C () ,\ S T R 1': (; J () N .\ I. P L 1\ N N ;\l (; C () L' N C I I.
I n d 1 a n R 1 V C r S t L 11 C 1 e M a r t I n P a I m B c a c h
DRAFT 187
- - - "'" -- -- -- -
-- - -- "'" - ---
SUSTAINABLE ECONOMICS
Q
Two major private sector developments have been
implemented on east Boynton Beach Boulevard - the
completed Marina Village project and the Prome-
nade, which is currently under construction. These
developments will add much-needed housing to this
downtown core. l\farina Village is slated to develop
approxim,nely 387 units and the Promenade is slated
to develop 400 units. The City has an array of eco-
nomic incentives to promote community revitaliza-
tion of its downtown core including workforce
housing and fa<;ade improvement programs.
Important challenges and opportunities are identified
below which provide context for the continued de-
velopment of the Boynton Beach Marina Village.
Importantly, the City and CRA have focllsed on de-
veloping the marina village as a family-friendly mixed-
use entertainment district. This clarity of vision will
~
~l
Generalized future land use map designations for the proper-
ties within the Boynton Beach marina village
~ .."
'-
.
. N .... 0"..
f .~, ''1'
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.,.~' 1 -t ~,
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I, . '1 , ., ' ,,' - . - ',:
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r .'-11 J~_" ~.t . ~J' ,'1 ~ ~
';..,7'~ .... wo.F""~.~l'[!D",:,~r~ ,r' ~
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:/7:(~-R~\E+"x5~:~: .:s ~ i
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.:., . : 'I!,:".. .!'h, t'..~ :~rl!t1f.,. q,. ~
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... i "'~ . 'oJ'"," 41"';.".... ... .;',
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~. 'tl'" ~..oc.' .C. -', ~ .~
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~'~N]~,' ~J.,. g-,..j/~' l.,t!t;~I~'~ ,~
J. {,: c,n-"""i! '. .10> . , . '~..., .-!.f.." ",'
A"\..~~ ~ . "O:~, ~l ,~~ ~. ~"_:K1, 'V
't.~ .'(t... b<A '~$1~, ::"',J .;~~'i . ...
j. eM fu.de<l P,oJocu
M:&nna
lTh"P,."~
JP'~lUd.
.. ~tOl' [k.l(h ~,d bl.1
P"o'no~" p"rt(
!. H~" oIButr.COft
to MlJ( C.or~
:Oc:eln8._.ze
. Print.: Dcrrclopmcnt ProJt<tl
I n.. Petuntub.
lM.ttl,,,V,luic
) l.1.,VOrobn.lS
.. SUMhtitoe ~~
SE,und..
'Ela~lk
7HIolbo,u,
. ...tI....
,W.:t.tKStOc
. C,.., undmorl<s
CltrH~
Old Hie" Sch<>Ol
~ Sc:~hou'c Ch~"\ HUKVm
~ Boynt~', WOl'r.~n'l CILlo
"""~_.....,,.,..tn~.........Pr......(\)(e.w:'
....~~0"P\V'ritv~~
q~~p<..,~......I!t~y<.f'to1U1.
Location map for public and private projects within the Boyn-
ton Beach eRA district along with city landmarks
The Boynton Beach marina villages offers the most potential
development density of the five analyzed in this report.
T I{ E .\ S U R I". C ( ) ,\ S T R E (; ( ) N ,\ l. P l. ,\ "- 1\: N ( ; C () 1I :\ (; I I.
1 n ( i a n R i v c r S r. u c i e rvl a r t I n p a I 111 B e a c h
IHK D RAFT
/-
~
r
~
/...
: ~"~
\;3
SUSTAINABLE ECONOMICS
help to drive the implementation plan fot\.vard.
To/al Erolloll/ic Bemjit
Thc potential economic benefits of the build-out at
this marina village is limited to the rcdevelopment
area indicatcd on the map on thc preceding page,
which represents approximately 42 acres. The esti-
mated economic benefits (see Table 16) are based
upon a proposed development program of 379 con-
dominium units and 36,000 slluarc feet of new com-
mercial/ retail faciltics.
TREASURI.:
Indian Ri
Boynton's recent waterfront
projects such as Waterside
(above) and Marina Village
(to left) are highly ameni-
tized and cater to affluent
buyers.
c () :\ S T
v e r S t
Boynton Beach J\larina Village
Project O,'m';eJJ'
Development Stage - Developing
Challenges
Tertiary office market .
Criti~a1 mass of downtown~ousing/ residents,
is ~issing.
· . Ex<:ess .office space inventory and slow absorp-
tion
· . Lack of town .center / City identity
. .
.
.
, \
Opportunities
· CRA/Chy eC9nomicincenpve p~ckage
· Robust \Vorkf~ic~ housing program '.
· Si!,rnificant public sector infrastructure invest-
ment program;'
Catalytic Potential- Medium / High
Boynton Beach l\:larina Village
Tota/ et'ol1o///;c Bmrji/
Impact Summary'"
New Jobs Personal Income Gross Regional
Product I
230 S [4.3 million :> U. 7 million
1. Estimate of the allnllal incrl"ase in Palm Beach COllnty's
GrllSS Rl"gilll1:1! Output
Table 16: Boynton Beach Total Economic Benefit.
RI.':CIUNAI. PI.ANN
LUCie t\fartln
N (; C n [I N C I I.
Palm Bcach
DRAFT
1 W)
SUSTAINABLE ECONOMICS
o
KEy FINDINGS AND RECOMMENDATIONS
The study has identified a number of key findings in the preceding analysis. that examined the JCW cor-
ridor from a macro perspective and at the smaller unit of analysis - the marina village. Along the Intra-
coastal Waterway as a whole, the importance of preserving and enhancing the working waterfront as
well as co.mmercial amI recreational uses.was noted. \Vithin the tighter focus arearepreserited at each
of the econopUcally~focused marina villages, the analysis presented upportuniues and challenges that
would.f':eed to be addressed to realize each pf the unique development/rede~elopmentvisionsproposed.
.-.. thief affi(;ng th~se-i~~pes is ~tri.king the right balance betw~.~n the .desire for publi~ ac~ess to the Intra-
coas~al and the upland and water-dependent needs of marine industries at working waterfronts. The
following recommendations are intended to support and enhance the economic development potential
of tl:e lntnicoastal Waterway as a whole and .the economic base surrounding the marina villages.
~
Improve Understanding and Enhancement of the Marine Industries Cluster
'f' :. ' . .
ldenqfy and exan~ne key industry sectors that could comprise a marine-industries cluster.
. Initiate a coUnty-wide effort to track the number and classifications of marine~related:iobs (by
North AInerican Industry Classification System [NAICS] <::ode) over multiple years todcvclop
a better un~lerstand.ing of this job sect~r... .
~ .
. .. Encourage the marine industries be officially recognized and adopted as a cluster to .,be cultivated
within Palm Beach County and the R.c::gion.
. .Undertake a detailed marine industries cluster study to deter;n.ine the strength.and growth po-
tential of the duster. . .
Support a Highly Skilled and Educated Marine Indusrries Workforce '
. Support regional workforce initiatives designed to assess marine industries workfor.ce r~adiness
and use that information to exptlnd training opportunities for current and future employees.
. Consider creating a region-wide fun.ding mechanism to support the development of specifically
targcted marine industry job training programs.
. Dcvelop inc.entivcs for marinc industry job creation, including:
_ Hands-on internship and apprenticeship programs; and
_ Hands-on training workshops (on-site and off-site) to introduce potential employees to marine
industry opportunities. . .
Adopt "No Net Loss" Policy to Discourage Conversion from Marine Industry to Other Uses
. Support continued efforts at the state, regional, and local level to preserve and enhance working
waterfronts including:
Direct purchase of key waterfront property by a local government;
Sale of development rights to a local government or other non-profit entity, thereby reducing
the property tax burden; and
.~
1.J
T R I". ,\ S t: R E c: () .\ S T
Indian River St
1\)0
R 1'. (; I () l\. .\ L P L .\ ~ :-\ I N (; C () l.I " C I I.
I. Ll C 1 ei\1 art 1 n P a 1mB e a c h
DRAFT
/'~
~
,....
b
I"
\:J
SUSTAINABLE ECONOMICS
Compilation of working waterfronts inventory in Palm Beach County and establishment a "no
net loss policy," which would prohibit the rezoning of such property to residential or other non-
supporti-ye use.
Adopt Programs ~o Preserve & Enhance .Working Waterfronts
~., ,~reJte a de.f~rred. R~~l?ero/, tax progr~m for wo.r1dng waterfront property.. .
. ... 'C~nsider gev~ppiJ~tc~nc!itiqniI p~;rci1;ring o~ rezoning options for w~rking waterfront property. .
--;"-:.';'""'~ ''-T@fWouf(f~bw):''Cdc~Clbpinen-t 9~y}f it- mainciins or p'rovidcs public access or- retention! ex:'
.. .:.,' .pa~sion qf. sRe~ifi...c waterfrop:r uses. ;": ."." ;'.'. ",' . . ,..J ..;" jo:.. .
J. ~:. .~:.. €(~at~:a' new,~w:or!qngwaterfro~t zoning overlay or district ~hi~h would add special provisions
~. _.J 0 to~the;~mder1yi~g10Pirtg_category.'" : ".. 'f .:.".'.:.;.'.':..
~.. " ~-,"" ';?i - .:~ ~-, -,~ ~ , .-"-' , ,.,.'~...'''' ''': .,)0 ....~ ...1". ;..' '";'
: ., '; ~ ..~... "" Expl9r~ the,cr~~cipn 9(a~~o~lHI*.si~? t~/.oordihate and !mple~Cnt _~ ~~bli~ po~Cy a.ndstrategic:.
..- ~ r". t fi '1 'ur.L' t rf. r t....... ~ s.. '. ....J< ..,. '.",:-~ ..,..
: ",t' P ?lec s9r, {!;y 9.an.w?:. e,. onar~a i... "'.. ..... :u'..{,~ ~' ","'-;"., /', . ''-..'It ,;:
l.~ ~. ti~." "Evituat~ bere~~spf ~p~rs4hig \voikGigwatet~rOrits":'~;sigiiati~~'.fro~.State..ot" florida.
". '",;-,/' ".. ;t ~}~..:~.,; .' '0'""'. .. ~~, .~,< .. .\:!, ,. ~ .1,. .....~.' , .:,'-". .:;..;.~' ;. .,..~ :;,.
". Sujjp?rt a.Megay~~hi IIlduStry . ,:. ~ .....;' (:. .. :'?: _ ;.,," ~ '. ,\,
,.." '..'0'.' r.~ ~.,' -.' ... !. _ .' ., . .. >,' '.. " .',\ . ..
~ ...,~ ~ ~,.' Crpate.a "megayach~ _ mile" co~ridof along the Intracoast~ \Vaterway in central Palm Beach
ij" 'C;ountf to 'f~cili.~tc;;.p;e rtpa%r! outfitting of megay-~chts 'at 'key ~ocatiori~t . .
.;.. '.:l ~ "".~ ,"r::.II ::.""_~'" ,.'( - "',^. ~ " ,. ... . .' _ ., .:::,..0 I
· SUp'port...dredgtpg actiVities -f~om BI~rH~roh_Bridge tO,West P~ !3eac~ ioacc~~niod~te megay-
.~chtppcraaotls'~'~P~ along tht: ICWcorridor:'. .. "; , ,,"" ",. ., ,- . ".'. '.. .;.
. :/.~(../' :..'~',{~:" 'J~~...,.l ;>.;::..~~ -'- :":'.": . .\. _Mj,_<'..::r ':. ~ -<'r
Develop,a~Capital Inipro~ements,Prograni. . ~ .:'. .,."...., .... '~~~ . ;' '. .t" ~'..!' ~. ..( ::. ~
.. ;...-':r' '_,' ,~. '.itI'~'"..1.,_..: _'.. ::'l. ".",~~.'~. ,_.~-" 4. ~t',: '.'-~..~"'.',.'"
.,', Prioriti2;e key capital !llvespnents alci.pg the.Jntracoastal Waterway that would generate the gr~test
- . ~ . - ~ .' J Po ~; ,. ..
- econo~c,and fiscal:,benefitsJor Palm. Beach Countyand'the local governing'jurisdictions.
.' "......', ..':~ ~ '1:-,' .:...... "" .~ >#' :<1 ':
· Develop an Intracoastal Waterway capitalJniprovcments prog~am.t~.support t?c development
of strategic projects. ..' . '.' ... '
Form an ICW Management/Marketing EntitY :
· Consider the creation of a "Palm Beach County lntracoastal Waterway Commission" to coordi-
nate and implement all public policy and strate",ric projects for key urban waterfront areas. The
"Commission" would also have ptimary responsibility for:
Dcveloping a common marketing theme;
Promotion and communication;
Thematic signage and common amenity features;
Coorclination with watcr taxi and upland transit nctworks;
Advocating fur projcct funding and approval with various public and private entities; and
Special events coorclination.
TnE,-\suRE
Indian Ri
C 0 :\ S T
v e r S t
R I: (; () I\: .\ I. P L ;\ :'\: N N (; C () l' :'\: C I I.
r. 11 c 1 C M a r t 1 11 P a I m 13 e a c h
DRAFT 191
c')
cD
.j
~..~
SUSTAINABLE ECONOMICS
T R E ,\ S L R I". C .\ S T R E (; U ;-.. .\ I. P I. ,\ ;-.. :-,; N C C () 1I ;-... C I I.
(I ..
I n ( i a n R i \.' <.: r S L 1I C i e lvl a r t i n P a I In B e a c h
In DRAFT
/...
I
, '
\
..........
r
..
V"
~
/.....
I'
\
......0/
IMPLEMENTA'l'lON
The Intracoastal Waterway Plan for. Palm Beach Count)' is a multi-tiered, multi-agency document that
embodies SCf?reS of clifferent programs and projects. Within e~ch of the six topic chapters, a series of
gcncraJjzed findinh'S and recommendations is, setf<?rth. There are many on-going programs ;lOd projects
tnat ar.e suppa.fted in the rec()ni'ine.ndatiqns, P~ftjS.lllary with regards to the protection of natural systems,
recreatii:mandenvironmental enhancement, and public access. In adclition to these, this Implementation
chapter higblig!lts a series of Key projects that should be prioritized in the. next five to ten years.
'I1,e marine industry was of particubr focus during the charrette, and accordingly, this report suggests
special measures be taken to better understand the industry, assist with job cre;ltion, protect with marine
industrial districts and/or "working waterfronts" designation, creation of a "megayacht mile" overlay,
and establishment of a task force to commandeer these efforts. Particip:tnts also strongly emphasized
a series of marina. villages, complete with water taxi service to interconnect them. and a special
marketing/ management effort is recommended to aid in the: de\'c!opment of these uses. Three of the
marina village projects are new concepts identitied through the charrette, and each needs special plaoning
to further refine the projects. lncreased public access to the lc~r was a stIong point of consensus, and
this report recommends expanding public access via \vaterfront developmcnt and redevelopment, the
creation of street-cnd parks, and enhanced public recreational amenities with el1\'ironmcntal restoration
efforts.
Tbe implementation of this plan is a long.ternl undertaking that will rcquire interagency agrcement to
develop apprnpriate partnerships, action plans, time; frames, and funding. Thus, a County Intracoastal
\Vaterwa)' Commission is suggested to coordinate these efforts and assist with the realization .,1' the
plan. A county-wide cffort is also critical to assist with the fundioJ.; competitivcness of projects, to
dc\';ue them from lucaI to regional in nature..
T H I. \ .' I f{ I
c: I I
R I. lo I () " \ ,
P I \ " " I " t,
(. l I I " \ I I
.~ I"
DRAFT
I ., ;
o
~
(.. }:
.,
IMPLEMENTATION
Regulatory Overview
The I ntraco;lstal Watenvay Plan for Palm Beach County is a multi-tiered, multi-agency document tlut embodies
scores of different programs and projects. Each of the six topic chapters coDtains a listing of generalized
findings and recommendations. The plan supports the continuation of many of Palm Beach County's exten-
sive, em-going programs related specifically to the protection of natural systems, recreation and environmental
enhancement, and public access, This Implementation chapter highlights a series of kcy projects which shmud
be prioritized in the next five to ten years. While some projects can be initiated immediately, others \vill require
interagency agreemcnt to develop appropriatc partncrships, action plans, time frames, and funding, With the
continued discussion and adoption of this plan, Palm Heach County can select consensus projects for advance
planning and design such that they can be positioned for immediate action as funding opportunities present
themselves. 1 ndividual projects will also be more competitive for regional, state, and national funding as they
are components of a larger-scale plan, developed with the extensive public participation that granting agencies
reward.
Action
Establish a "Working Watcrfronts Task Force" to
assemble and track marine industrial uses along the ICW and
work with local governments to develop model
Comprehensive Plan policies and land development
regulations to protect working waterfronts, This commission
should include partICipatiOn by industry groups and the
Business Development Board, Financial incentives such as
deferred property tax programs or industrial land trusts
should be explored as well as a state '\vorking waterfronts"
designation.
Explore a Marine Industry CIustcr. ;\ set of key industry
sectors should be identitied and examined, including a
County-wide effort to track the number and c1assitications of
marine-related jobs (by :'-Jorth American Industry
Classiticatjon System [:0L\ I CSJ Code) m,er multiple years to
dC\'l~I()p a better unckrstanding of this job sector. County
and reginnal entitjcs should be encouraged to ()fticial1y
recognize marine industries to be culti\'ated.
T H J: ,\ ~ I R I.:
c () ,\ S T
R I': C I () 0: .\ L
1 ()4
DRAFT
Participants
Time
Frame
Palm Beach County EDO &
Planning
Local Governments
(parrjcuJarly Riviera Beach and
West Palm Beach)
1-2
Years
Collaboratipg entities:
HOB, Marine Industries
l\ssociation
Palm Beach County EOO
2-5
Years
Collabo rating en ti ties:
TCRPe
BOB
P L .\ :-.. ;\i 1 ~ C
C () l 0: ( I L
IMPLEMENTATION
(
...4J>.
Action
Establish a "Mega yacht Mile" overlay from the Blue
Heron Bridge, south through Riviera Beach into West
Palm Beach. This effort should be coordinated with the
de\'elopment of a marine industry cluster by the Palm Beach
Economic Development Office. An Inventory and
assessment of eXlstmg and necessary working waterfront
lands, uses, skills, and products should be developed for this
area, and a funding program should be developed to identify
capital improvements, industry incentives, recruitment, and
tr:l101ng. This overlay should be amended 1I1to the
Comprehensive Plans of Palm Beach County, Riviera Beach,
and \'fest Palm Beach and incorporated lnto the TCRPC
ComptehensiveEconomic Development Stratem'.
tL,.
", !JilIY
Crcatc a Palm Bcach County Intracoastal Watcrway
Commission to ovcrsce implementation of this plan,
including management and marketing of the waterway.
This Commission should coordinate and assist m
implementation of public policy and strategic projects for key
waterfront areas, including benchmarking indicators over
tJme, 1\ common slgnage and marketing theme for the
Countv's manna \'illages should be developed, including
thematic slgnage, common amenIty features, C< )ordi nated
water taxi serVICes (e.g" stop locations, multi-modal
interconnectivity with upland transit sen'ices), and speci;t1
events coordination. This Commission should become an
advocate for the funding and implementation of the
recommenclatjot1S of this plan.
T R Ie \ SIR I.
C () .\ S T
R I (; I () ".; \ I
....
DRAFT
Palm Beach
Planning
Local
(particularly
\X!est Palm
Groups
Participants
County 1::DO &
Governments
Riviera Beach and
Beach), Industry
Collaborating Entities:
TCRPC
BDB
Palm Beach County EDO,
Local Governments, 'Tourist
Dcvdopment Council
Collaborating entities:
Time
Frame
3-6
years
P I. .\ 0) :-.; I ".; (;
C U 1 :-.; C I I
195
IMPLEMENTATION
"'j:'
(".
\,,'..
~<."'<..,
Action
Create a workforce development program for the marine
industries sector to support and expand the industry. ,\
reglonal assessmenr should be ClHlllucted Ie> assess marllle
ind ustrics workforce readiness, and traIning programs should
be de\'e1oped for cun-em and fucure emplm'ee:s. flll:
program components ,hould includl: de\l~Jopf1lent of h:wds
on lfHernshlp and ilpprentlceship pro,'-',rams, h~tndson rralrllng
workshops (un-site and off-slk: 1u Intwduce potemul
emplo"ees rel mannc Industry "pF)('rtunltlI:S, and eO(lrdinauol1
\virh )ucal colleges and tcchnicd "dluob The progr:llTl
shouJd ;tho c\'atuall' crcauon oj :t rC'-',11 >/1 \VIde: funding
mcch:lllism 10 'UPP"rt Ihe dC\ l-Jopmnll >1 specitlcdh
rargded marine llldustry lob rraiIl1!1g prugLllll"
(~
'l.t"
Develop manne district overlay zones, In conjunction
with working waterfront designations, to identify
supporting ancillary llses and promote their co-location
with Inarine industrial uses. The (.ourlt\ l,conoll1lc
Devclopme:nt (Jttiee ~;\1OuJd aSsIst ill Idemit\lng apprOprI;tle
cluster industnes (tcchnlul, rneehanlc:t1, de \\'illl :->\.nerglStlc
products and sen IC<.'S :I.' \\TlJ .1, "lppl1rtlnL; workforce
11(1 uSlllg.
Conduct a planning analysis to fiuther evaluate the Paln1
Beach Gardens/North Palm Beach "Four Corners"
nlarina village concept. The CIl\ sh'Juld iIllfUfe::l dt:dosue
with pruperty o\\'nns to gauge lrltl:resr, Ilmln,';' :11ll1 potcnual
fur the concept alung \vith ldentJ fiC:lflOll ol all\ lleCD:,:Jr\
amendment, 10 Ihe Cil\\ c()rnprl'hen<l\l' ,lnl! I ilil
de\ eloprnel1t regulatit 11li,.
.1
T R I \ ~ 1 l{ I
" .. I
c () \'.
R (
] ()()
DRAFT
Participants
Palm Belch ( IIIHll\ \\orkj;Hce
,\III:Hlcc
Palm Lkach (.ollnn L])( )
Indu:;tn Crl1ups
Collab( Jraung entities:
Palm Beach ED( )
'r< .I~ P(
Palm Beach (1 11Intv EDO
I ,oca) C;overnmenrs
(,( )Jlabt )ranng entItles: .\larllle
lndustne, ,\ssouatlon, BDB
(:;n. (JI Palm Beach (;;mlens
(:oilahoratlng ClJllt\':
p:llm Bv:\ch (:oUiltl.
I)
Time -,
Fnllllc
-) I
\'C;if(',
1 - ::>
Years
Years
IMPLEM ENTATION
('"
. ,IIfiJ'
Action
Conduct a planning analysis to further evaluate the Lake
Worth "Jewel Cove" marina village concept. The City
should review ownership restrictions associated wid1 the old
Lake \'('orrh Bridge and develop a specialty zoning overlay to
;lllow Its redevelopment with limited conceSSIons, Tbe City
should initiate a dialogue with tne pm'ate owner (southeast
yuadrant) to gauge Interest 111 the concept. Working with
Palm Beach County DERM, the City should initiate
discussions to install pnmltIVe campIng facilities where
appropriate on Snook Island and increase public access, The
City snould also investigate potential expanded canoe/kayak
access along Bryant Park (so utb ,,"est quadrant),
Conduct a planning analysis to further develop the
Lantana Public Point. The Citv should consider locations
for water t;lxi stops, upland support amenities, and integration
with a potential Fr~C curridor station on Dixie Highway.
,'.)J,
Initiate a water taxi working group to explore County-
wide water taxi service. This working group shouJd include
applicable local governments, transit providers, and water taxi
operators. The water taxi "Recommended Network" map in
this report should be further rdined, with additional potential
water taxI stop locations and land use data from local
governments to identify tra.nslt nodes and multi-moda.l
connections. Further analysis should be conducted to
determine potential demand, market, headwavs, operating
speeds, and optimal water taXI stop spaCIng, Local
gon:rnments should specify transit-supporti\l: criteria in bnd
development regulations applicable to \vater ta:\i nodes. The
recommendations of this group should be incorporated into
the TCHPC Compn::hensJ,e L'~c()nol11ic Development
Strategy to enable federal funding.
THI \Sl RI.
c U .\ S T
R I., c; I () " .\ I
~.;j#f
DRAFT
Participants
City of Lake \X/orth
Palm Beach County DER~1
Town of Lantana
~lPO
T.ocal Governments
Collaborating entities:
US Coast Guard
Palm Tran
Tourist De,.e1opment Council
Time
Frame
1-2
Years
1-2
Years
1-3
Years
Pl. \'-.'-.1"(;
C \) l " C I I,
[LJ7
IMPLEMENTATION
Action
Explore a high-speed ferry servIce at the Port of Palm
Beach. :\nalnis of ke\ routes e.g" l'ort Lauderdale, .\lurni,
dle Florida Kn.s, and rhe Ihhal1Lls), oh, luld hL. U 'rlduCtl"Ci. In
COl1Junctlon with thc' 1),dIll [)c:lch ( JUllt\ I,CU[lUllJ1(
Development o Hin:, the IJon uj J>:dm lind! shuuld de\l:iup
a rl:LJuest fur sen'lce prulldn., t\!r this en'. lel' !, I be Il1Hured
at the Port. ThIs proJect w()uld l'spl:cl:llk ',' 'I1lpIcJnl~nr rhe
()l1go1ng n:.:ckvdupmel1r effol'1 in [{IV In] Beach
Develop a capital improvements program to develop the
recommendations of this Intracoastal Waterway Master
Plan. Input should he' d)tatl1cd fnJlll I, Jcd p()Vnl1Il1c:IW. ;uld
agencles, and key ClpltClJ L1WeSirlleIH,' thaI gerter:lI.\' thl'grc:lle't
economIc and tiscal bellefit, shuuld he pn()ntJ7cd ['1m ( I Jl
should he lf1(()[por:ltul :lo :lpproprLlU: illl,) [he I\rlm Bl':lCh
Count\' and 1()cll~~,)\.ernl1lef11 (OmptT!'c.lbl\c ptans, :rnd ke'.
programs sh\Juld !)(,' InCOrp')Lll\,'d m! () ! he TC I{ P(
COlTlprchensJ\'e I ',cull' JlTllC Dn'eloplllcrH ~tT:1 tel;'. I!) 1 mpn lVC'
cumpetltlvcness [(Ir kdcral fundlll.\.'
"'1'
.a
;" .. 1
".i.#
Require expanded public access to the IeW with new
developrnent and rcdeveJopnlcnt. 1,( ,cd ~()\'crnml'nr~
illong the IC\\' -;h"l1id c!eveL Ii' Il1Ji11l11Lilll public ;,ccn~
tTllul1Trnent~ ((,r 'ICV\" dcve!"pnrclllllld rcdn'Clopmcllt,
en:lbling dlrr:cl puhlJC iteees' I(J lil,.' walc'f\\":l,. \ 1:1 publlch
c(JIlI[ol!cd l':l,unl'nl', (JI 1.1I1d edlC1Il'l1l~, Illlitlellll'nts,
1llcludltl).'. specific:1lh IllCl'C:ISC, III denslI\, llltenslty. allli
!lllJlding heights 'tli!ldd 1)1 c, \t! \1111 ,i!dlC .IUT,'
n'cIUlrerne!lts. ~pccLlll:rnd dnl'!opl1Wllt !1.',l',ll!al}(1I1S Shlll!,1
he ildoptl"ll to c.rlS1Jr,' pltl!',:r !r:lIl~ltl<lli:ll lli:llli1l1SI1l!':-' Hill
urban deslgll I)L~r\\ <TI! prl\ ,llc' U',,", lit! I)U[,tlc :ICCc." P()!llt~,.
T I{ I
, i
l{ I
."'- i I{ j
I ')~
DRAFT
Participants
Palm Ikach (( '!llll\ I; [)( )
PUr! ! Jt P:lim 1"\".;1(11
[]aIm Beach C"UI1t1. [',D() :IS
teid With D L':R,\I. PlanOlng &:
l\lrb/Rccre:It\()I1; Palm Beach
\1 Pi I. joc;d (" J\'CrnI11Cllf
(.oILtburatl11g cnunes
I( J{ P(
Palm Beach COUl1f\ &:
munICipalities; dew.lop through
1 PA R( &: I.c'a,l',ue i)f (1IIC\
p ;
Time 1
Frame I
'1 ~.> ~i r'
I -.
\'Ca r~,
\'l'::U>
i
('
"''''''
Action
IMPLEMENTATION
I
Participants
Identify street-end park opportunities and develop Local Governments
regulations to require their establishment and
maintenance. Given the diminishlng amount of public
waterfront proper!:\', local governments should develop street-
end park programs including iclentitica600 of rights-of-way
that terminate at the feW, Compreheosive Plan policies to
rClluire thcir preservation aocl prevent their abandonmcnt,
and locaJlv appropriate land developmcnt regulations to
rCllujre appropriate design and orientation of neighboring
privatc uses, such that "eyes on the park" arc created wid1
buildings fronting the subject park properties.
i,
..;..
Develop a detailed greenways/blueways mapping and
information system with identification of launches (both
formal and informal), portage locations, parking areas,
and support facilities should be developed. A multi-
disciplinary uscrs group should be formed, ancillary to the
l\IPO (Bicycle/Greenways/Pedcstrian j\dvisory Committee)
or PBC Parks/Recreation,including public agenCIes, local
governments, privatc sector interests, non-protits, and citjzens
for broad informa6on gathering and system development.
Common sign age and trail mapping information should be
assembled and developed, linked into the Convcntion and
Visitor's Burcau "Palm Beach County Naturally" advertising
:lnd marketing. Interconnections with thc East Coast
Grcenwa\' should be idcndfi.ed' prioriti.zed, and marked
accordingly.
T [{ I \ :-; 1 R Ie
c () .\ :-; T
R I.. (; 1 () :-,; .\ I
DRAFT
;\IPO or Palm Bcacb County
Parks/Recreation as lead
Collaborating
SF''\'VMD, I~DEP,
TDC, PEe DER.J\1
P I \ " '-; l ',j (;
agencies:
Chamber,
Time
Frame
I vcar
1 - 2
Ycars
COl'-;CIL
I ()()
IMPLEMENTATION
Action
Develop a public access program for spoil islands and
other restoration efforts within and along the ICW. This
program should Jlldude protot\plcd jcslglloi fur j)nn]]Uve
clmping sites, CiIl(le/kiY:lk launch Slks, trails, :1I1d niucatJ'llul
oiIgn::tge and kJosk:;. \ lTllIlnd]sciplln:lr\ iCrUll :;hould gUIde
this effon, wilh panlclpati( In In 1111 :1,,1,,"IIC]C". III Inprotit" ,her'
groups, and commel'Clallnu:rl'sl..
Install portage facilities where appropriate to expand
access by non-motorized watercraft. (~ontlicts '\111:
cnntrol structures :Indlow bndge,; should he Jlknutied, lUlL!
:i standard j)ort:lgc deSIgn sl)()uld hc' lk\'elopni, rll
participatjon by regul:lIoj'\ agl..'nClCS, for lnstaLlatJori :Jt pOllllS
of contlicl.
j.)'
I..' ,
\:~
Develop a County-wide plan to address sea level rise.
Stand:lrds should be de\.eloped to cstabhsh 1llll11lllUm deSign
criteria for :111 infr:lstructure rind C( instruction ,]di:lcenr II) rill:
lC\X'. This plan should rdsu lflclullc. suncbrds lur tll"\\ ,!nd
upgraded seawall5 with l'll\'Jr()flrneflUL1nlhancelllClllS.
Develop a stormwater utility with a coverage area, at a
minimwu, inclusive of properties within a half-mile cast
and west of the IeW. ThIS utility should Ix 'lpn:llu!
through the Palm 13c:iCh CuullCY UtiIiIIL.S ])cparlmcnr \\Ith
lucal gO\"l.:rnmcnt and agcnc\ C< )urdinatiu1l. iii :llldltJOI! 't
storm\vater tteat'nwnt LICllitl..:S, : hi" unlit\
upland ami In \\:lll'l. Irl':ltlllcnt faCllitJc~ I" ,II )\\ ,I i It.! Ir..:.11 l,11
dlsch:lrge~ prillI' to Ihl:II' l'ntuflcC lilto lilL" i( \\.
T I{ I \ ~ 1 IZ i
!-{
(. < I
" !
(J ."-.
21111
DRAFT
Participants
l\d1l1 l-kl<:h ( dUl1t\ ]) I 'R\I &
Park~/ Rcu,:alluil
J .\ 'Cell (JI)\ C 111111..:111,
(uiLlhol'alll1g U1Ililc,:
I'D!]l, l S\(f'. SF\\ .\ID. '!1
!1!< .llt
>J",!2,anl/atlC)fi
,I Sl"!
gn!up:--
P;ll III
Iklteh
( 'u 111\
Pari,> Rcul'all,)[1 .IS Ie:lll \\"1111
'II
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CHARRETfE TEAM
CHARRETTE TEAM
I) till C (/ r J; till d I.i .i II ( i 11/ I' J
Dall Carr
Frl'tlJlir/' Co,1S1 1{1'.f!,iIl/l{// ill,lIlIlillY, Clllil1(il
Marlene Brullot, Regional Planner/ ICR Coordinator
Zachary Davis, R~g1onal Plannl:r
Kim Dclanc:r, Growth Managcl1ll:nt Coordinator
\Vynsum Hatton, Planning Technician
Michelle 1.lipps, Urban Desi!-,'1lcr
Dana Little, lirhan Design (ullrdinator
Peter Merritt, Pho., Reg10nal Ecologist
Greg Vada~', Economic Dc,-c\opment Co()rdilutor
,~f tI ,. /",' Iii C {/III /; III,. till tI . I J ,i(l( i II I I' S
,\tareda Camhlor
I:./"I/II/Jllliu RI'J/'tlr(!J .., SSlIl'itl!l-J
,\lyssa C()hen
Tom I,m.ash
fJ I tI /III I' /'J 1111 d l. - ,.// 1111 [)"... I~f!. II t' r.r
Carlos Cruz, Urban Designcr
Steven Fett, lirban Designer
Nancy Schneider, Planner
Jose Venegas, LJrhan Designer
C'lIl/brid.~(~ ,\)SIt'III{I/iu
Mjchael \v'illial11son
T R I. .\ S I.' R F
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iIIIIi East Side~West Slde~Seas'lde Renaissance
eRA BOARD MEETING OF: September 14,2010
I Consent Agenda I I Old Business I X I
New Business I I
Public Hearing I I
Other
SUBJECT: Consideration of Approval of Shade Structure Request for Boynton Harbor Marina Slip Tenant-
Marcello Juchem d/b/a Boat Beach Boat Rentals, Inc.
SUMMARY: At the Mayor's Boynton Harbor Marina Slip Tenant meeting held in the Marina Village Club
Room on April 26, 2010, Marcello Juchem, owner of Boynton Beach Boat Rentals, Inc. expressed his desire for
an additional shade structure in order to provide sun protection for his employees. CRA and Waypoint Marine
staff compromised with Mr. Juchem by allowing him the opportunity to continue to use his existing structure
until the marina slip project was complete and the new shade structures installed. Upon the installation of the
new shade structures in mid-July, Mr. Juchem was given notice requiring him to remove his existing shade
structure (see attached) from the CRA's marina. A time extension was given to Mr. Juchem pending the outcome
ofthis meeting.
In response to the CRA's request to remove his existing shade structure, Mr. Juchem provided the CRA with a
proposed design for a new shade structure (see attached) which he is willing to pay for himself at no expense to
the CRA. Mr. Juchem proposes to install a shade structure in such a way as to cover the entire width of the new
dock and connect to the CRA's shade structure, Option 1. This is an unacceptable location due to the potential
limits on vertical mobility, pedestrian access and the potential issue of ADA accessibility along this portion of
the dock.
A possible alternative location could be on the finger pier between slips #4 & 5# currently occupied by Mr.
Juchem's Boynton Beach Boat Rental business (see attached), Option 2.
FISCAL IMPACT: None.
RECOMMENDATIONS/OPTIONS:
Option 1:
Option 2:
Option 3:
Approve the shade structure design and location as proposed by Mr. Juchem.
Approve an alternate conceptual shade structure design and location.
Deny any additional shade structures for individual Boynton Harbor Marina slip tenants.
T:\AGENDAS, CONSENT AGENDAS, MONTIIL Y REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\09-
14-10 Meeting\Marina Slip Shade Structure-Marcello Juchem.doc
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ADOi1JON PRoPosAL DErAiLS
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Mailing Address. 700 Casa Lorna Bid
(561) 735-2149.. ou evar ,Boynton Beach, FL 33435
(561) 585-6803 · Fax (561) 641-9188
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ill East Side-West S.de-Seaside RenaISsance
eRA BOARD MEETING OF: September 14,2010
I Consent Agenda I I Old Business I X I
New Business I I
Public Hearing I I
Other
SUBJECT: Consideration of Approval for temporary location of a Fish Display Board at the Boynton Harbor
Marina
SUMMARY: At the Mayor's Boynton Harbor Marina Slip Tenant meeting held in the Marina Village Club
Room on April 26, 2010, the three charter fishing vessel captains expressed their desire to have a central "fish
catch display board" installed at the marina. The Boynton Harbor Marina tenant list is made up of two privately
owned vessels, four boat rentals, five dive boats, one pleasure cruise vessel, a water taxi slip and four charter
fishing vessels.
At the CRA Board meeting held on August 10, 2010, Chairman Rodriguez asked staff for an update on the fish
display board and provided information concerning the possible donation of a used fish display board from one of
the new tenants, Captain Geno Pratt. CRA staff obtained a dimensional drawing and picture of the fish display
board owned by Captain Pratt (see attached). The board owned by Captain Pratt could potentially be
"resurfaced" to display the Boynton Harbor Marina logo but may need new mounting posts. Additionally, any
sign of this size would need to be approved and permitted by the City of Boynton Beach prior to installation.
Due to the lack of available space on the new slip structures, possible locations for the temporary fish display
sign are limited to the area near the existing dive shop building (see attached location images). The future master
redevelopment plan currently in the construction design phase identifies a marquee type sign being built in the
new public space are where the dive shop building currently exists. This new, permanent sign could be designed
with a "fish display" concept in mind.
FISCAL IMP ACT: To be determined.
RECOMMENDATIONS/OPTIONS:
Option 1:
Approval to accept the donated materials to be used in creating a new "temporary" sign to be
placed at location # 1.
Option 2:
Approval to accept the donated materials to be used in creating a new "temporary" sign to be
placed at location #2.
Option 3:
Do not approve the creation or installation of a "temporary" fish display board.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\09-
14-10 Meeting\Fish Display Board.doc
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~~~~Y~T2~ICRA
. East Side-West S",de-Seas",de Rena"lssance
eRA BOARD MEETING OF:
September 14, 2010
I I Consent Agenda I I Old Business I X I New Business I I Legal I I Other
SUBJECT: Potential Purchase of the Delray-Boynton Academy Building on MLK
SUMMARY:
. At the August 17,2010, CRA Special meeting, CRA Commissioner Holzman
advised the Board he had been referred on a possible sale for a building on
Railroad Avenue.
. Commissioner Holzman advised the Executive Director to contact Mr. Joe Greene
about the Delray-Boynton Academy building.
. In discussions with Mr. Greene he communicated he was willing to sell the
building. .
. CRA staff has not moved forward with a commercial appraisal until the board
could discuss a potential purchase. The appraisal is estimated to cost $2,500.
. Factors for the board to consider:
1.) CRA Budget constraints only $281,660 available in the HOB line item.
2.) No building usage has been determined.
3.) Assessed value and appraised value for the property are $795,000.
4.) Mr. Greene is not willing to hold paper on a purchase agreement.
FISCAL IMPACT: To be determined by the Board.
eRA PLAN, PROGRAM OR PROJECT: HOB Community Redevelopmer.t Plan.
RECOMMENDATIONS: Discussion and staff direction.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board
Meetings\09-14-101Delray-Boynton Academy Bldg Purchase.doc
~~~<tY~T2~ICRA
Ii East Side-West S"lde-Seaside Rena"lssance
eRA BOARD MEETING OF:
September 14, 2010
I I Consent Agenda I I Old Business I X I New Business I I Legal I I Other
SUBJECT: Process for Selection & Appointment of New Board Counsel
SUMMARY:
. Transition to Appointed CRA Board (see attached email)
FISCAL IMPACT:
CRA PLAN, PROGRAM OR PROJECT:
RECOMMENDATIONS:
~
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board
Meetings\09-14-10\Select New Board Counsel.doc
Brooks. Vivian
From: Brooks. Vivian
Sent: Wednesday, September 08,2010317 PM
To: Bright, Lisa
Subject: FW: September Agenda
Vivian L Brooks
Assistant Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, FL 33435
561-737-3256
broQI<~yi@l:>l:>fl. us
"Energy and Persistence Alter All Things."
Benjamin Franklin
From: Jim Cherof [mailto:JCherof@cityatty.com]
Sent: Wednesday, September 01, 2010 9:31 AM
To: Brooks, Vivian
Cc: Rodriguez, Jose; Ross, Marlene; Hay, Woodrow; Holzman, Steven; Orlove, Bill
Subject: September Agenda
Please add the following item to the September agenda under either new business or legal
Transition to Appointed CRA Board
1. Process for selection and appointment of new Board Counsel (my tenure will end when the Board is no
longer the City Commission)
2. Review and extension of Executive Director's annual contract (Lisa's contract automatically renews
October 1 st)
3, Schedule of Board Training on sunshine law, public records law. ethics law I can handle this as part of the
transition
4, Review status of contracts/projects being transitioned- Susan is working on a new comprehensive list of
contracts/su bcontracts
5, Establish schedule for transition of current Board member and attorney records- this is a public records
retention issue
By copy this emaill am advising the Board of this request and asking the Board members to suggest other items
that they think would facilitate the speedy and orderly transition to the appointed Board.
James A. Cherot
GOREN, CHEROF, DOODY & EZROl, P.A.
3099 East Commercial Boulevard. Suite 200
Fort Lauderdale, Florida 33308
Broward (954) 771-4500 x 304
Palm Beach (561) 276-9400 x 304
Fax (954) 771-4923
Email: ichE:lrQf@cityatty.com
www.cityatty.com
9/8/2010
~~~qY~Te~lc RA
. East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF:
September 14, 2010
I I Consent Agenda I I Old Business I X I New Business I I Legal I I Other
SUBJECT: Review and extension of Executive Director's annual contract
SUMMARY:
. Transition to Appointed CRA Board (see attached email)
FISCAL IMPACT:
CRA PLAN, PROGRAM OR PROJECT:
RECOMMENDATIONS:
?~~
Lisa Bright, Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board
Meetings\09-14-10\Review and extension of ED Annual Contract.doc
Brooks, Vivian
From: Brooks, Vivian
Sent: Wednesday, September 08, 2010 3: 17 PM
To: Bright, Lisa
Subject: FW: September Agenda
Vivian L. Brooks
Assistant Director
Boynton Beach CRA
915 S, Federal Highway
Boynton Beach, FL 33435
561-737-3256
brooksvi@bbfl.u?
"Energy and Persistence Alter All Things,"
Benjamin Franklin
From: Jim Cheraf [mailto:JCheraf@cityatty,com]
Sent: Wednesday, September 01, 2010 9:31 AM
To: Brooks, Vivian
Cc: Rodriguez, Jose; Ross, Marlene; Hay, Woodrow; Holzman, Steven; Orlove, Bill
Subject: September Agenda
Please add the following item to the September agenda under either new business or legal:
Transition to Appointed CRA Board
1. Process for selection and appointment of new Board Counsel (my tenure will end when the Board is no
longer the City Commission)
2. Review and extension of Executive Director's annual contract (Lisa's contract automatically renews
October 15t)
3. Schedule of Board Training on sunshine law, public records law, ethics law. I can handle this as part of the
transition
4, Review status of contracts/projects being transitioned- Susan is working on a new comprehensive list of
co ntracts/su bcon tracts
5. Establish schedule for transition of current Board member and attorney records- this is a public records
retention issue
By copy this emaill am advising the Board of this request and asking the Board members to suggest other items
that they think would facilitate the speedy and orderly transition to the appointed Board
James A, Cherof
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Broward (954) 771-4500 x 304
Palm Beach (561) 276-9400 x 304
Fax (954) 771-4923
Email: kherof@citygtty,-C:Qril
www.cityatty.com
9/R/?010
~~~~Y~T8~IC RA
iI East Side-West Side-Seaside Renaolssance
eRA BOARD MEETING OF:
September 14, 2010
I I Consent Agenda I I Old Business I X I New Business I I Legal I I Other
SUBJECT: Schedule of Board Training on sunshine law, public records law and ethics
law
SUMMARY:
. Transition to Appointed CRA Board (see attached email)
FISCAL IMPACT:
CRA PLAN, PROGRAM OR PROJECT:
RECOMMENDA TIONS:
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board
Meetings\09-14-10\Board Trng Sunshine, PRR and Ethics.doc
Brooks, Vivian
From: Brooks, Vivian
Sent: Wednesday, September 08,2010317 PM
To: Bright, Lisa
Subject: FW: September Agenda
Vivian L. Brooks
Assistant Director
Boynton Beach CRA
915 S, Federal Highway
Boynton Beach, FL 33435
561-737 -3256
brooksvi@QJ2fLt.J!>
"Energy and Persistence Alter All Things, "
Benjamin Franklin
From: Jim Cherof [mailto:JCherof@cityatty.com]
Sent: Wednesday, September 01, 2010 9:31 AM
To: Brooks, Vivian
Cc: Rodriguez, Jose; Ross, Marlene; Hay, Woodrow; Holzman, Steven; Orlove, Bill
Subject: September Agenda
Please add the following item to the September agenda under either new business or legal:
Transition to Appointed CRA Board
1. Process for selection and appointment of new Board Counsel (my tenure will end when the Board is no
longer the City Commission)
2. Review and extension of Executive Director's annual contract (Lisa's contract automatically renews
October 151)
3. Schedule of Board Training on sunshine law, public records law, ethics law. I can handle this as part of the
transition
4. Review status of contracts/projects being transitioned- Susan is working on a new comprehensive list of
contracts/ su bcon tracts
5. Establish schedule for transition of current Board member and attorney records- this is a public records
retention issue
By copy this emaill am advising the Board of this request and asking the Board members to suggest other items
that they think would facilitate the speedy and orderly transition to the appointed Board
James A. Cherof
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Broward (954) 771-4500 x 304
Palm Beach (561) 276-9400 x 304
Fax (954) 771-4923
Email: jcherof@citygttY"-<=QQJ
www.cityatty.com
9/8/2010
~~~~Y~T2~iC RA
. East Side-West Side-Seaside Renaolssance
eRA BOARD MEETING OF:
September 14, 2010
I I Consent Agenda I I Old Business I X I New Business I I Legal I I Other
SUBJECT: Review status of contracts/projects being transitioned
SUMMARY:
. Transition to Appointed CRA Board (see attached email)
FISCAL IMPACT:
CRA PLAN, PROGRAM OR PROJECT:
RECOMMENDATIONS:
1d~
Lisa Bright, Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board
Meetings\09.14.10\Status of Contracts-Projects Transition to New Board.doc
Page
Brooks, Vivian
From: Brooks, Vivian
Sent: Wednesday, September 08,20103:17 PM
To: Bright, Lisa
Subject: FW: September Agenda
Vivian L. Brooks
Assistant Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, FL 33435
561-737-3256
brooksvi@bbfl.us
"Energy and Persistence Alter All Things."
Benjamin Franklin
From: Jim Cherof [mailto:JCherof@cityatty.com]
Sent: Wednesday, September 01, 2010 9:31 AM
To: Brooks, Vivian
Cc: Rodriguez, Jose; Ross, Marlene; Hay, Woodrow; Holzman, Steven; Orlove, Bill
Subject: September Agenda
Please add the following item to the September agenda under either new business or legal:
Transition to Appointed CRA Board
1. Process for selection and appointment of new Board Counsel (my tenure will end when the Board is no
longer the City Commission)
2. Review and extension of Executive Director's annual contract (Lisa's contract automatically renews
October 151)
3, Schedule of Board Training on sunshine law, public records law, ethics law. I can handle this as part of the
transition
4. Review status of contracts/projects being transitioned- Susan is working on a new comprehensive list of
contracts/subcontracts
5. Establish schedule for transition of current Board member and attorney records- this is a public records
retention issue
By copy this emaill am advising the Board of this request and asking the Board members to suggest other items
that they think would facilitate the speedy and orderly transition to the appointed Board
James A. Cherof
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Broward (954) 771-4500 x 304
Palm Beach (561) 276-9400 x 304
Fax (954) 771-4923
Email: jcherof@cit.Y9ltY.com
www.cityatty.com
9/8/2010
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S
eRA BOARD MEETING OF: September 14,2010
I Consent Agenda I I Old Business IX I
New Business
Legal
I Executive Director's Report
SUBJECT: Consideration ofIssuing Construction Management at Risk RFP for Ocean Avenue
Projects
SUMMARY: At the request of a Board member, staff prepared the attached RFP for Construction
Management at Risk Services for the Construction of Boynton Beach Amphitheatre, Construction of Boynton
Harbor Marina Entry Area and Jones Cottage Relocation and Renovation. The Contract for Construction
Management at Risk Services is included within the RFP documents as Attachment "A".
Due to the complexity of the document, staff was preparing the document for the October CRA Board agenda.
However due to the Board members request that the item be placed on the September agenda, staff is seeking
direction from the Board on the RFP issuance date, due date for the responses and whether or not to bundle the
three projects in one RFP.
Also, at the time of the preparation of the Board packet, legal staff had not had an opportunity to review the RFP
documents so revisions are likely to be made to the document.
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan
RECOMMENDA TIONS/OPTIONS: Approve issuing the RFP for CMAR Services subject to
legal revisions and with direction to staff on date of issuance, date of responses due and whether to
bundle the three projects or issue three separate RFP's.
~~ght ~ t}tJ-
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Comp'eted Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board
Meetings\09-14-10 Meeting\CMAR RFP,doc
rIDEVELOPMEi'."TIDEVELOPMENT DEPT PROJFCTS\CMAR. Rf-PO..1AR. RH'
~''''''"II..
. 11"
,..~qY~T8~TcRA
. East Side-West S'lde-Seas'lde Rena'lssance
REOUEST FOR PROPOSAL
The Boynton Beach Community Redevelopment Agency (CRA) will receive sealed price
proposals in its office, 915 S. Federal Highway, Boynton Beach, FL 33435 until 3:00 PM
on the due date, , Proposals will be opened at a public opening in the
CRA offices at 3:15 PM on the above due date.
CONSTRUCTION MANAGER AT RISK SERVICES
For the
CONSTRUCTION OF BOYNTON BEACH AMPHITHEATRE
&
CONSTRUCTION OF BOYNTON HARBOR MARINA ENTRY AREA
&
JONES COTT AGE RELOCATION AND RENOVATION
Issue Date:
There will be a mandatory pre-submittal meeting at the time and place listed below. See
Section 1.8 for contact information for this RFP.
The Board of the CRA reserves the right to accept or reject any proposal or any part
thereof or any combination of proposals and to waive any or all formalities.
A mandatory Pre-Submittal meeting to answer questions concerning this RFP will
be held at on at
Page 1 of 66
T:\DEVELOPMENT\DEVELOPMENT DEPT PROJECTS\CMAR RFP\CMAR RFP.doc
1.0 REQUEST FOR PROPOSAL REQUIREMENTS
The Boynton Beach Community Redevelopment Agency (CRA) is accepting
proposals for the selection process to enter into a contract with a Construction
Manager at Risk (CMAR) firm to provide a Guaranteed Maximum Price (GMP);
and perform complete construction services consistent with the construction
delivery process described in the attached Attachment '~" Construction
Management at Risk Contract for the following projects (hereinafter referred to
as Project):
1. Boynton Beach Amphitheatre
2. Boynton Harbor Marina Entry Area
3. Relocation and Renovation of the Jones Cottage
This document provides information for interested parties to prepare and submit a
response to this Request for Proposal (RFP) for consideration by the CRA.
PROPOSERS ARE ADVISED TO SUBMIT A COMPLETE RESPONSE
TO ALL REQUIREMENTS IN STRICT ACCORDANCE WITH THE
SECTION NUMBERING SHOWN IN SECTIONS 2.0 AND 3.0 OF THIS
RFP.
1.1 General Information
The RFP provides the information necessary to prepare and submit
qualifications, fee proposals, and general conditions prices for
Construction Manager at Risk services. The CRA will rank the Proposers
in the order that they provide the "best overall value" for the CRA based
on the selection criteria set forth in Section 1.12.
1.2 Interviews of Proposer Firms
Following the CRA's evaluation of the proposals for further evaluation,
prior to negotiations, interviews may be conducted at the CRA's option.
The CRA reserves the right to reject any proposal for noncompliance, and
to award the Project, at the CRA's sole discretion, in whole or in part to
one or more Proposer firms, or to not many any award of the Proj ect.
1.3 Scope of Project Work- See Attachment "B" Construction Documents
1.4 Project Delivery
The completion date for construction is anticipated to be no later than
, 2011, unless a different negotiated date is agreed upon.
1.5 Type of Contract
Any contract awarded from this RFP will be ion the form of the CRA' s
Attachment '~" Construction Management at Risk Contract
Page 2 of 66
L\DFVELOPME'JTDFVELOPMEl\T PEPT PROJFCr';\CMAR RFP\CMAR RFP <iI"
1.6 Definitions
As used in this RFP. the terms have the meanings set forth below'
1.6.1 "Construction Management at Risk Contract" means a contract
with a construction firm to provide construction services outlined
in the Contract and complete the construction of all or part of the
Project.
1.6.2 "Construction Manager" means the individual, corporation,
company, partnership, firm or other organization that has
contracted to perform the Project work under a CMAR Agreement
with the CRA,
1.6.3 "CRA" means the Boynton Beach Community Redevelopment
Agency or its designated representative or agent.
1. 7 Direction and Management
The work of this Project will fall under the direction and management of
the CRA or its designated representative or agent.
1.8 Contacts
Questions regarding this Request for Proposal may be directed to:
Boynton Beach Community Redevelopment Agency
Attn: Michael Simon, Development Director
915 S. Federal Highway
Boynton Beach, FL 33435
(561) 737-3256
simonm(iV,bbt1. us
1.9 Submittal Deadline
The CRA will accept proposals at the location listed below until 3 :00 PM
. It is the responsibility of the Proposer to insure that
submittals are received at the designated submittal location by the
Submittal Deadline. Proposals received after the submittal deadline will be
returned to the Proposer unopened.
1.10 Submittal Location
The Proposals must be received in the office of the CRA, 915 S. Federal
Highway, Boynton Beach, FL 33435, on or before the Submittal Deadline,
1.11 Number of Copies
In total, five (5) copies of the Submittals are required. One of the five
Submittals is required to be an original. One copy shall be unbound to
facilitate copying. Facsimile or emailed copies will not be accepted.
Clearly mark the outside of the Proposal as:
Page 3 of 66
T:\DEVELOPMENT\DEVELOPMENT DEPT PROJECTS\CMAR RFP\CMAR RFP.doc
Response to CMAR RFP
Boynton Beach Amphitheatre
Boynton Harbor Marina Entry Area
Relocation and Renovation of the Jones Cottage
Date Issued:
1.12 Selection Criteria
The Proposer(s) selected to be the Construction Manager at Risk will be
the firm(s) whose verified experience and qualifications, as presented in
response to the RFP, reference checks, and any interviews the CRA may
conduct, establish it, in the opinion of the CRA, as offering the greatest
benefits, experience, and value to the CRA and the Project. The Selection
Committee will review and consider the following major items throughout
the selection process, but these are not listed in any particular order of
importance:
1.12.1 25 Points: Experience & Performance
Proposer's successful time in relevant business, free from
adversariallegal actions, as well as conducting successful safety,
quality control, MBEIWBE, and LEED programs. Proposer's
ability to keep the CRA advised of the project construction costs
and schedules at all times. The CMAR will have the
responsibility to advise the CRA that a design decision or user
requirement is impacting budget or schedule beyond the
established parameters. Proposer's ability to develop conceptual
cost estimates based on Construction Documents that anticipate
the types of costs associated with buildings of this type and
complexity and to develop a Guaranteed Maximum Price based
on Construction Documents. Finally, the Proposer's ability to
perform the subcontractor buyout based on the GMP.
1.12.2 25 Points: Staffing
Proposer's appropriate staff qualifications during the Construction
phases under Construction Manager at Risk construction delivery
process. Proposer's capability and ability to successfully interact
with the CRA and/or the CRA representative or agent.
1.12.3 35 Points: Pricing
Competitive cost and fees associated with Project delivery using
the Construction Manager at Risk process. Proposer's ability to
produce a timely Guaranteed Maximum Price that is within the
amount Available for Construction Contract. Proposer's ability to
perform the labor, material and subcontractor buyouts within the
established GMP.
Page 4 of 66
T\DEVELOPMENT\DEVELOPME\'T PEPT PROJECTSCMAR RFP\CMAR RFP d,x
1.12.4 15 Points: Interviews
Interviews, if required, to further expand on the qualifications and
pricing information provided in the Proposer's response to this
RFP,
1.12.5 Proposers are not required, nor encouraged, to provide narrative
descriptions of how the Proposer intends to achieve or perform the
items as organized above. Rather, Proposers should provide the
information specified in Sections 2.0 and 3.0 related to the above.
Proposers past performance of these items will be determined by
the CRA from reference checks and interviews when required.
1.13 Proposer's Acceptance of Evaluation Methodology
A submission of qualifications and pricing proposals in response to this
RFP indicates Proposer's acceptance of the CRA's evaluation techniques
set forth herein and the recognition that subjective judgment suits be made
by the CRA during the evaluation process and in its final selection,
1.14 Public Information Statement
The CRA considers all information, documentation and other material
submitted in response to this solicitation to be of non-confidential and/or
non-proprietary nature and therefore subject to public disclosure under
Chapter 119 of the Florida State Statutes.
1.15 Clarifications and Interpretations
1.15.1 Answers to Questions
Proposers are required to restrict all contact and questions
regarding this RFP to the named individual(s) listed in 1.8.
Contacts. All such requests must be submitted in writing, no later
than five (5) business days prior to the Submittal Deadline. Submit
questions no later than 12:00 p.m. (noon) on
1.15.2 Clarifications or Interpretations
Any clarifications or interpretations of this RFP that materially
affect or change its requirements will be issued by the CRA or its
representative as an addendum. All such addenda issued by the
CRA before the Proposals are due, are part of the RFP, and
Proposers shall acknowledge receipt of and incorporate the
requirements of each addendum in its Proposal by completing and
including in their response package Attachment "C" Addenda
Acknowledgement.
1.15.3 Addenda
Proposers shall consider only those clarifications and
interpretations that the CRA issues by addenda at least three (3)
Page 5 of 66
T:\DEVELOPMENT\DEVELOPMENT DEPT PROJECTS\CMAR RFP\CMAR RFP.doc
business days prior to the Submittal Deadline. Interpretations or
clarifications in any other form, including oral statements, will not
be binding on the CRA and should not be relied upon in preparing
the Proposal.
1.16 Obligations of Parties
1.16.1 Assumed Requirements
Proposer understands and acknowledges by submitting a Proposal
that the Proposal presented is based on assumed requirements for
the proposed Project; and, that the CRA has made no written or
oral representations that any such assumed requirements are
accurate should a contract arise from the presented Proposal.
Proposer is required to qualify all assumptions it makes.
1.16.2 Costs of Proposal Submission
Furthermore, Proposer understands and acknowledges by
submitting a Proposal that any and all costs incurred by the
Proposer as a result of the Proposer's efforts to participate in this
selection process shall be at the sole risk and obligation of the
Proposer.
1.16.3 Reimbursement
The CRA will not provide compensation to Proposers for any
expenses incurred for proposal preparation or for any presentations
made.
1.16.4 Award of Contract
The CRA makes no guarantee that an award will be made as a
result of this RFP, and reserves the right to accept or reject any or
all proposals, waive any formalities or minor technical
inconsistencies, or delete any item/requirements from this RFP or
resulting contract when deemed to be in the CRA's best interest.
Representations made within the Proposal response will be binding
on responding firms.
1.17 Completeness of Proposal
1.17.1 Completeness
Proposer should carefully read the information contained herein,
and Attachment '~", Construction Management at Risk Contract
the totality of which shall govern the Construction Services. It is
the responsibility of the Proposer to submit a complete response to
all requirements, questions and is consistent with the provisions of
the Construction Management at Risk Contract.
Page 6 of 66
T\DEVELOPMENT\DEVELOPMENT DEPT PROJFCTS\CMAR RFP\CMAR RFP doc
1 ,17.2 Conditional Clauses
Proposals which are qualified with conditional clauses, or
alterations, or items not called for in the RFP documents, or
irregularities of any kind are subject to disqualification at the
option of the eRA.
1.17.3 Clarity
Each Proposal should be prepared simply and economically,
providing a straightforward, concise description of the firm's
ability to meet the requirements of the RFP. Emphasis should be
on completeness, clarity of content, responsiveness to the
requirements, and an understanding of the CRA's needs,
1.17.4 Compliance
Failure to comply with the requirements contained in the RFP may
cause rejection of the Proposal.
1.17.5 Rejection
Proposals submitted after the Submittal Deadline will be returned
unopened.
1.18 Withdrawal or Modification
A Proposal may be withdrawn and resubmitted any time prior to the time
set for receipt of Proposals. Outside of the approved negotiation process,
no Proposal may be changed, amended, or modified after the Submittal
Deadline. No Proposal may be withdrawn after the Submittal Deadline
without approval of the CRA which shall be based on Proposer's written
request stating reasons for withdrawing the proposal that are acceptable, in
the CRA's sole discretion.
1.19 Ownership of Proposals
Proposals and any other information submitted by Proposer's shall
become the property of the CRA; however, the CRA may return all other
Proposal information, upon written request, once a contract award is
made. All "techniques bids" or other deviations from the pricing
requested must be submitted as alternates and will be considered only if
the proposal pricing information requested by CRA is provided.
1.20 Validity Period
Proposals are to be valid for the CRA's acceptance for a minimum of
90 days from the submittal deadline date to allow time for evaluation and
selection. A Proposal, if accepted, shall remain valid for the life of the
Contracts resulting from this selection process.
Page 7 of 66
T:\DEVELOPMENT\DEVELOPMENT DEPT PROJECTS\CMAR RFP\CMAR RFP,doc
1.21 No Response
Firms wishing to submit a "No-Response" are requested to complete
Attachment "D" Statement of No Response. Such a response will in no
way disqualify or limit any future bids or proposals from the firm.
1.22 Proposer Acknowledgement and Compliance Certification
Proposal shall complete and include a signed Proposer Acknowledgement
and Compliance Certificate exactly as shown in Attachment "E"
Proposer Acknowledge and Compliance Certificate.
1.23 Tentative Schedule of Actions
1.23.1 Release of RFP
1.23.2 Pre-Submittal Meeting
1.23.3 Proposal Submittal Deadline
1.23.4 Complete Evaluation of Submittals
1.23.5 Interview of Short-Listed Firms (ifCRA elects)
1.23.6 Internal Recommendation
1.23.7 CRA Takes Action on Award
1.24 Execution of Agreement
1.24.1 Offer of Contract
Upon selection of the successful Proposer by the CRA, the CRA
will extend to said Proposer an offer to contract consisting of a
completed contract for execution and return to the eRA within
three (3) business days of receipt. No exceptions or negotiations
will be entertained following selection of the successful Contractor
unless there are exceptions or qualifications expressly identified by
the Contractor in its Proposal and accepted by CRA in
negotiations.
1.24.2 CRA's Right to Withdraw
In the event the successful Contractor fails to return an executed
contract, and can identify to the eRA in writing negotiated terms
that were omitted, the CRA reserves the right to withdraw its offer
to enter into a contract with the Proposer.
1.25 Proposal Format
1.25.1 Content
Proposals shall consist of Responses (certifications, answers to
questions, and information) to requirements and questions
identified in Sections 2.0 and 3.0 of this RFP. Please reference the
Section number at the top of the page of your corresponding
response.
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1.25.2 Conditional Responses
Responses that are qualified with conditional clauses, alterations,
items not called for in the RFP, or irregularities of any kind are
subject to rejection by the CRA.
1.25.3 Additional Information
Except for alternate or technique bids, additional attachments shall
not be included in the Response, Only the Responses provided by
the Proposer to the questions identified in Section 3 of this RFP
will be used by the CRA for evaluation,
1.25.4 Table of Contents
Include a Table of Contents that provides page number references.
The Table of Contents should be in sufficient detail to facilitate
easy reference of the section so the Proposal. Attachments shall
also be listed in the Table of Contents.
1.25.5 Page Size and Binders
Proposals must be 12-point fond on letter size paper. Five (5)
copies of the Submittals are required. All copies of the Proposals,
including the original, shall be unbound but clipped together. One
(1) digital copy of the Proposal on CD/DVD in PDF format is
required. The cover of the Proposal must clearly show the project,
as well as the name and return address of the Proposer.
1.25.6 Divider Tabs
Divider tabs should be used to separate the different sections of the
Proposal.
1.25.7 Pagination
All pages of the Proposal shall be numbered sequentially in Arabic
numerals (1,2, 3, etc.) is required.
1.26 Public Entity Crimes
1.26.1 Legal Requirements
Federal, State, County and City laws, ordinances, rules and
regulations that in any manner affect the items covered herein
apply. Lack of knowledge by the Proposer will in no way be a
cause for relief from responsibility.
1.26.2 Public Entity Crimes
All invitations to proposal as defined by Section 287.012(11),
Florida Statutes, requests for proposals as defined by Section
287.012(16), Florida Statutes, and any contract document
described in Section 287.058, Florida Statutes, shall contain a
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statement informing persons of the provisions of paragraph (2) (a)
of Section 287.133, Florida Statutes, Attachment "F" Public
Entity Crimes Statement.
2.0 PROPOSER QUALIFICATIONS
2.1 General Directions
ProDoser's Oualifications ResDonses - ResDonses to the followine: are
to be Drovided EXACTLY with the item. Darae:raDh. and section
numbers shown hereinafter. Qualification information submitted shall
be applicable only to the company entity or branch that will perform this
Work. Proposers are required to submit a complete response to each
requested item that follows. Responses requiring additional space should
be incorporated in to the Proposal as an attachment with reference by item
number as listed in the following sections.
2.2 Proposer's Location and Registration
Name:
Street Address:
Mailing Address:
City, State, Zip:
Telephone No.:
Fax No:
Email Address of Contact Person:
Federal Identification No.:
State of Incorporation & Registration No.:
If not a corporation, explain your status:
2.3 Proposer's History
2.3.1 Proposer's Ownership Status
Is the company currently for sale or involved in any transaction to
expand or to be acquired by another business entity? If yes, please
explain the impact to organization and management efforts.
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2.3.2 Age of Organization
In continuous business since:
2.3.3 Leadership
List Corporate Officers, Partners or owners of your Organization
with titles and addresses. If a publically held company list
Chairman of the Board, CEO, and President.
2.3.4 Failure to Complete or Default
List each project your organization has, on an awarded contract,
defaulted or failed to complete and the reasons why.
2.3.5 Liquidated Damages
List each project your organization has, on an awarded contract, paid
liquidated damages and the reasons why,
2.3.6 Legal Actions
List all civil and criminal legal actions in which your organization
was a named party currently or in the past five (5) years, providing
state, case number and disposition for each.
2.3.7 Projects Underway
Provide total number and dollar amount of contracts currently in
progress by the organization proposing to this RFP.
2.3.8 Five Year Volume of Work
List name of projects, type of projects and dollar value of each
project for the past five (5) years.
2.3.9 Safety History
2.3.8.1 Worker's Compensation Rate
List your organization's Worker Compensation Experience
Modification Rate (EMR) for the last five years as obtained from
your insurance agent.
2.3.8.2 Safety Record
Complete the table titled "Safety Record" as show in Attachment
"G" Safety Record. Use a percentage of employees direct hire fixed
work hours rounded to nearest 1,000's.
2.4 Fiduciary Responsibility
Describe your fiduciary responsibility as a Construction Manager at Risk for
publicly funded projects.
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2.5 Organization and Project Personnel Qualifications
2.5.1 Organization
2.5.1.1 Construction Services On-Site
Provide an organizational chart during the construction services
phase with names of individuals who will perform the on-site
phase with names of individuals who will perform the on-site
functions of Construction Manager, Cost Control, Scheduling,
Submittals, Management, and Quality Control. If individuals are
not full time, indicate estimated percentage of time dedicated to the
Project.
2.5.1.2 Home Office Direct Support During the Construction Phase
Provide an organizational chart with names of individuals who will
perform those functions in direct support of the Proposer's on-site
team, but located in the home office. If individuals are not full
time, indicated the estimated percentage of time dedicated to the
Project.
2.5.2 Resumes
Provide resumes for each individual named in sections 2.5.1.1 and 2.5.1.2.
The resumes of your key personnel shown on the following organization
charts shall include professional affiliations such as membership in the
American Institute of Constructors.
2.6 Relevant CMAR Experience
Relevant experience of projects in which Proposer performed Construction
Manager at Risk services as outlined in this RFP are to be listed in the table
shown in Attachment ttH" Statement of Relevant CMAR Experience. Proposers
are to exactly reproduce this table in their responses with information in
accordance with the column headings shown. Notations such as "N/ A" are not
acceptable. If the information required in the column heading is considered "not
applicable" or "not available" for particular project listed, then list another project
where the information is applicable and available. Projects listed should be as
close as possible to the scope of the projects for this RFP. For each project listed
in this table where Proposer self performed any construction trade, provide a
separate table, listing the trades(s) provided.
2.7 Narrative of "Best Qualified"
Proposer shall provide a brief narrative outlining why the Proposer's organization
is the best qualified to perform the services outlined in this RFP.
2.8 Safety Program
If your organization has a Safety Program or procedures, please attached a copy to
your Proposal and note it in your Proposal Table of Contents.
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2.9 Quality Control Program
Provide a complete quality control program which will become a compliance
document upon award of a Construction Phase Contract. This plan should
address all aspects of quality control including responsibility for supervision of
work, acceptance, rejection, documentation and resolution of deficiencies, trend
analysis and corrective action and interface with building inspectors,
2.10 Schedule Achievement Program
Provide a time schedule for completion of the Project and describe what
techniques are planned to assure that the schedule will be met.
2.11 M/WBE Program
All Proposers must submit a written and signed statement indicating a willingness
to make a good faith effort to utilize minority and women-owned businesses in
the construction of the Project.
2.12 Subcontractors
If a Proposer subcontracts any portion of the Project for any reason, the Proposer
must state the name and address of the Subcontractor and the name of the
person(s) to be contracted on the enclosed "Schedule of Subcontractors",
Attachment "]" Schedule of Subcontractors. CRA reserves the right to accept
or reject any or all proposals wherein a Subcontractor is named, and to make the
award to the Proposer, who, in the opinion of CRA, will be in the best interest of
and/or most advantageous to CRA. CRA also reserves the right to reject a
proposal of any Proposer if the proposal names a Subcontractor who has
previously failed in the proper performance of an award or failed to deliver
Contracts of a similar nature on time, or is not in a position to perform properly
under this award. The CRA reserves all rights in order to make a determination as
to the foregoing.
Proposer shall include in their Proposal a statement that if selected to enter into a
Construction Phase Contract, that they shall periodically throughout the term of
the Contract, provide the CRA an updated list of all subcontractors working on
the Project.
2.13 Drug-Free Workplace Certification
In accordance with Florida Statute 287.087, the bidder shall certify that it has and
will maintain a drug-free workplace. The bidder shall complete and submit with
its bid proposal the attached certification, Attachment "J" Drug Free Workplace
Certification. Failure to include an executed certification may cause the bid
proposal to be considered non-responsive.
3.0 PRICING AND COSTS
3.1 Construction Services Price Proposal and Related Costs
This price proposal shall be provided exactly in the format shown in Attachment
"K" Proposal. The scope of the Construction Manager' s Work consists of the
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totality of the Construction Manager's duties and obligations under the Contract
Documents, Attachment "A" Construction Management at Risk Contract.
3.2 Labor Rates
Provide Schedule of Labor Rates for all personnel (and consultants, if any)
providing Construction Services.
3.3 Self Perform
Identify all work your firm would propose to self-perform for this program in
recognition that such work would be competitively bid and awarded at the CRA's
sole discretion.
3.4 Proposal Bond
Provide a letter from your bonding company that indicates your firm's current
bonding limit and rating. Complete and include Attachment "L" Proposal Bond.
Do not include bond costs in your fee or General Conditions.
3.5 Cost Reporting
Provide samples of cost reporting formats that you have used successfully on
similar projects.
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Attachment "A"
CONSTRUCTION MANAGEMENT AT RISK CONTRACT WITH
GUARANTEED MAXIMUM PRICE
THIS CONTRACT, made on , BY AND BETWEEN BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, a Florida public body corporate and politic
created pursuant to Part III of Chapter 163, Section 356, Florida Statutes, hereinafter called the
"CRA" or "OWNER" , and
CM,a
corporation
Address
City, ST Zip
Phone No.; Fax No,
Federal ill No.
hereinafter designated the Construction Manager at Risk (CM).
WITNESSETH
1 , That the CM, in consideration of the covenants and agreements herein contained on
the part of the CRA, covenants, promises and agrees with the CRA, at his, her, its or
their own proper cost and expense, to furnish all labor, materials, and equipment, and
to perform all Work necessary to construct and complete in a good workmanlike and
substantial manner, and to the satisfaction of the CRA, the following projects;
A, Boynton Beach Amphitheatre
B. Boynton Harbor Marina Entry Area
C. Jones Cottage Relocation and Renovation
in accordance with the Construction Documents (as defined in the Contract General Conditions,
Article 1, Definitions) as approved by the CRA and are made a part of this agreement by this
reference.
The CM agrees:
a) that the total Construction Cost for this Project is: $
b) that the following fees are included in the Guaranteed Maximum Price (GMAX):
% of the Construction Cost for Construction Phase Services = $
% ofthe Construction Cost for CM's Contingency = $_____________ (3)
% of the Construction Cost for CM's Overhead & Profit = $
c) to receive and accept total GMAX Amount: = $___________ (4)
____ (l) (2)
as full compensation therefore, and also, unless expressly excepted in the Contract, as full
compensation for the following: all loss or damage, arising out of the nature of the Work, or from
the action of the elements or from any unforeseen difficulties or obstructions which may arise or
be encountered in the execution of the Work until its acceptance by CRA and for all risks of
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
15
every description connected with the Work, and for all expenses incurred by or in consequence of
the suspension or discontinuance of Work, and for well and faithful completion of the Work in
the manner and according to the Contract Documents and the requirements of the CRA under
them. Payment will be made in accordance with the Contract General Conditions.
2. That CRA hereby promises and agrees with the CM to employ, and do hereby
employ, the CM to provide the materials and do the Work according to the terms and conditions
herein contained and referred to, for the price aforesaid, and hereby agree to pay the same at the
time, in the manner and upon the conditions set forth herein, and the said parties for themselves,
their heirs, executors, administrators, successors and assigns, do hereby agree to the full
performance of the covenants herein contained.
(1) Ifthere are savings on the Construction Cost, _% of the shared savings shall be
retained by the CRA, and _ % of the shared savings shall be retained
by the CM.
(2) The CM shall return 100% of any unused portion of the CM contingency to
CRA.
3. That CRA will fix the starting date of the Work and issue a Notice to Proceed after
the date of approval of the Contract by CRA. The CM shall fully complete all the Work ofthe
Contract, in first class working order and ready for acceptance by CRA, on or before the
expiration of calendar days from the starting time so fixed. The CM will pay
to the CRA the sum of $ for each day completion is delayed beyond the time
prescribed, in accordance with the Contract General Conditions, Article 7.02, Delay in
Completion-Liquidated Damages.
4. That should there be any conflict between the terms of the Proposal Form and the
other Contract Documents, the other Contract Documents shall control, and nothing contained
herein shall be considered as an acceptance of any terms of the Proposal Form in conflict
herewith.
5. That contractors are required by law to be licensed and regulated by the Contractor's
State License Board. Any questions concerning a contractor may be referred to the registrar of the
Board.
6. That any notice to CRA may be served effectually upon CRA by mailing or
delivering it in writing, addressed to:
Boynton Beach Community Redevelopment Agency
Attn: Lisa A. Bright, Executive Director
915 S. Federal Highway
Boynton Beach, FL 33435
561-737-3256
brightl@bbfl.us
with a copy to:
James Cherof
CRA Legal Counsel
3099 E. Commercial Boulevard
Suite 200
Ft. Lauderdale, FL 33308
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
16
7, That the Final Guaranteed Maximum Price Clarifications (if any) are listed in Exhibit
A, attached hereto and by this reference, made a part hereof.
IN WITNESS WHEREOF, the parties to these presents have hereto set their hands the year and
date first above written.
Signed, sealed and witnessed
in the presence of:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
Attest:
Print Name
Jose Rodriguez, CRA Chairman
Attest:
Print Name
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
Attest:
Print Name
Attest:
Print Name
State of Florida
)
) ss:
)
County of Palm Beach
On this
day of
,2010, personally appeared before me, duly
authorized to administer oaths,
known to be the persons described herein or who has produced
as identification and who executed the foregoing
instrument and has acknowledged before me that they have executed same.
Notary Public
My Commission Expires:
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
17
OWNERS SUPPLEMENTAL CONDITIONS TO CONSTRUCTION
MANAGEMENT AT RISK CONTRACT WITH GUARANTEED MAXIMUM
PRICE
I. UNCOVERING OF WORK
1. If a portion of the Work is covered contrary to the ArchitectlEngineer's request
or to requirements specifically expresses in the Contract Documents, it must, if
required in writing by the ArchitectlEngineer, be uncovered for the
ArchitectlEngineer's observation and be replaced at the Contractor's expense
without change in the Contract Time.
2. If a portion of the Work has been covered which the ArchitectlEngineer has not
specifically requested to observe prior to it's being covered, the
ArchitectlEngineer may request to see such work and it shall be uncovered by the
Contractor. If such Work is in accordance with the Contract Document cost of
uncovering and replacement shall, by appropriate Change Order, be charged to
the OWNER. If such Work is not in accordance with the Contract Documents,
the Contractor shall pay such costs unless the condition was caused by the
OWNER or a separate contractor, in which event the OWNER shall be
responsible for payment of such costs.
n. CORRECTION OF WORK
1. The Contractor shall promptly correct Work rejected by the ArchitectlEngineer
or failing to conform to the requirements of the Contract Documents, whether
observed before or after Substantial Completion and whether or not fabricated,
installed or completed. The Contractor shall bear cost of correcting such rejected
Work, including additional testing and inspections and compensation for the
ArchitectlEngineer's services and expenses made necessary thereby. The
Contractor shall commence correction of the Work within seven (7) days after
the date of written notice from the ArchitectlEngineer.
2. If, within one (1) year after the date of Substantial Completion ofthe Work or
designated portion thereof, or after the date for the commencement of warranties
established under Subparagraph 9.9.1, or by terms of an applicable special
warranty required by the Contract Documents, of any of the Work is found to be
not in accordance with the requirements of the Contract Documents, the
Contractor shall correct it promptly after receipt of written notice from the
OWNER to do so, unless the OWNER has previously given the Contractor a
Written acceptance of such condition. This period of one (1) year shall be
extended with respect to portion of Work first performed after Substantial
Completion by the Period oftime between the Substantial Completion and actual
performance of the Work. This obligation and termination of the Contract. The
OWNER shall give such notice promptly after discovery of the condition.
3. The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither
corrected by the Contractor nor accepted by the OWNER.
4. If the Contractor fails to correct nonconforming Work within a reasonable time,
the OWNER may correct it in accordance with Paragraph 2.4. If the Contractor
does not proceed with correction of such non conforming Work within a
reasonable time fixed by written notice from the ArchitectlEngineer, the
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
18
OWNER may remove it and store the salvable materials or equipment at the
Contractor's expense. If the contractor does not pay cost of such removal and
storage within ten (10) days after written notice, the OWNER may upon ten (10)
additional days written notice, sell such materials and equipment at auction or at
private sale and shall account for the proceed therefore, after deducting cost and
damages that should have been borne by the Contractor, including compensation
for the ArchitectlEngineer's services and expenses made necessary thereby, If
such proceeds of sale do not cover costs which the Contractor should have borne.
the Contract Sum shall be reduced by the deficiency. If payments then or
thereafter due the Contractor are not sufficient to cover such amount. the
Contractor shall pay the difference to the OWNER,
5, The Contractor shall bear the cost of correcting destroyed or damaged
constructions, whether completed or partially completed, of the OWNER or
separate contractor caused by the Contractors!' s correction or removal of Work
which is not in accordance with the requirements ofthe Contract Documents,
6. Nothing contained in this Paragraph 12.2, shall be construed to establish a period
of limitation with respect to other obligations, which the Contractor might have
under the Contract Documents, Establishments or the time period of one year as
described in Subparagraph 12.2.2 relates only to specific obligation of the
Contractor to correct the Work and has no relationship to time within which
obligation to comply with the Contract Documents maybe sought to be enforced,
nor to the time within which proceedings may be obligations that specifically to
correct the Work.
III. ACCEPTANCE OF NONCONFORMING WORK
I. If the OWNER prefers to accept Work, which is not in accordance with the
requirements of the Contract Documents, the OWNER may do so instead of
requiring its removal and correction, in which case the Contract Sum will be,
reduced a appropriate and equitable. Such adjustment shall be effective whether
or not final payment has been made.
IV. SUCCESSORS AND ASSIGNS
1. The OWNER and Contractor respectively bind themselves, their partners,
successors, assigns and legal representative to the other party hereto and to
partners, successors, assigns and legal representatives of such other party respect
to covenants, agreements and obligations contain in the Contract Documents.
Neither party to the Contract shall assign the Contract as a whole without written
consent of the other. In case the Contractor, on written consent of the OWNER,
assigns all or any part of any money due or to become due under this Contract,
the instrument of assignments shall contain a clause substantially to the effect
that it is agreed that the right to the assignee to any money due or to become due
to the Contractor shall be subject to prior claims of all persons, finns and
corporations for services rendered or materials supplied for the perfonnance of
the Work called for in this Contract,
v. WRITTEN NOTICE
I. Written notice shall be deemed to have been duly served if delivered in person to
the individual or a member of the finn or entity or to an officer of the corporation
for which it was intended, or if delivered at or sent by registered or certified mail
to the last business address known to the party giving notice.
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
19
VI. RIGHTS AND REMEDIES
1. Duties and obligations imposed by the Contract Documents and rights and
remedies available there under shall be in addition to and not a limitation of
duties, obligations, rights and remedies otherwise imposed or available by law.
2. No section or failure to act by the OWNER, ArchitectJEngineer or Contractor
shall constitute a waiver of a right duty afforded them under the Contract, nor
shall such action or failure to act constitutes approval of or acquiescence in a
breach there under, except as may be specifically agreed in writing.
VB. INTEREST
1. Interest shall be paid in certain cases as provided by Section 215.422, F.S.
2. The Contractor shall be required to pay interest to Subcontractors and suppliers
in certain cases where payments are not within the time constraints of Section
287.0585, F.S.
VITI. COMMENCEMENT OF STATUTORY LIMITATION PERIOD
1. As Between the OWNER and Contractor:
i. Before Substantial Completion, any applicant statue of limitations shall
commence to run and any alleged cause of action shall be deemed to
have accrued in any and all events not later than such date of Substantial
Completion;
ii. Before Substantial Completion and Final Certificate for Payment. As to
acts or failures to act occurring subsequent to the relevant date of
Substantial Completion and prior to issuance of the Final Certificate for
Payment, any applicable statue of limitations shall commence to run and
any alleged cause of action shall be deemed to have accrued in any and
all events not later that the date of issuance of the Final Certificate for
Payment; and
111. After Final Certificate for Payment. As act or failures to act occurring
after the relevant date of issuance of the fmal Certificate for Payment,
any applicable statue of limitations shall commence to run and any
alleged cause of action shall be deemed to have accrued in any and all
events not later than the date of any act or failure to act by the Contractor
pursuant to any warranty provided under Paragraph 3.5, the date of any
correction of the Work or failure to correct the Work by the Contractor
under the Paragraph 12.2, or the date of actual commission of any other
act or failure to perform any duty or obligation by the Contractor or
OWNER, whichever occurs last.
IX. HARMONY
1. The Contractor shall exert every reasonable and diligent effort to assure that all
labor employees by the Contractor and the Subcontractors for Work on the
Project shall Work in harmony with and be compatible with all other labor being
used on the site of the Project, and representative of the Architectural/Engineer
and the OWNER.
2. The Contractor shall include this Provision in all contracts with Subcontractors,
and the Contractor shall require that such provision be included in the contracts
between the Subcontractors and the Subcontractors; provided, however, that this
provision shall not be interpreted or enforced so as to deny or abridge, on account
of membership or non-membership in any labor union or labor organization, the
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
20
right of any person to Work as guaranteed by Article I, Section 6 of the Florida
Constitution.
X. CHANGE OF ADDRESS
1. If the address of the Contractor changes, the Contractor shall provide written
notice to that effect to both the OWNER and the Architect/Engineer.
2. If in the execution of the Work and items of historical significance or any
valuable items or materials of any kind are discovered buried or hidden within
the Work, such items or materials shall bee the property ofthe OWNER. The
Contractor shall immediately upon discovery of such items or materials, and
before removal thereof, acquaint the Architect/Engineer with such discovery and
carry out by Change Order, at the expense of the OWNER, the
Architect/Engineer's orders as to the disposal of the items or materials.
XI. TERMINATION BY THE OWNER FOR CAUSE
I , The OWNER may terminate the Contract ifthe Contractor:
i, Persistently or repeatedly refuses or fails to supply enough properly
skilled Workers or proper materials;
II. Fails to make payment to Subcontractors for materials or labor in
accordance with the respective agreements between the Contractor and
the Subcontractor;
111. Persistently disregards laws, ordinances, or rules regulations or orders of
a public authority having jurisdiction; or
IV, Otherwise is guilty of substantial breach of a provision of the Contract
Documents.
2. When any of the above reasons exist, the OWNER, upon certificate by the
Architect/Engineer that sufficient cause exists to justify such action, may without
prejudice to any other rights or remedies of the OWNER and after giving the
Contractor and the Contractor's surety, if any, seven (7) days written notice,
terminate employment of the Contractor and may, direct the surety to:
i, Take possession of the site and of all materials, equipment, tools, and
construction equipment and machinery thereon owned by the Contractor;
II. Accept assignments of subcontracts pursuant to Paragraph 5.4; and
111. Finish the Work by whatever reasonable method the OWNER may deem
expedient
3, When the OWNER terminates the Contract for one of the reasons stated in
Subparagraph 14.2.1, the Contractor shall not be entitled to receive further
payment until the Work is finished.
4. If the Contractor surety is directed to complete the Work, then all payments made
after termination shall be made to the surety until the Work is finished and the
Contract Sum has been expended. The surety shall then be responsible for all of
the obligations and duties of the Contractor under the Contract and shall be
bound by the conditions ofthe Contract to fulfill all obligations of the Contract
for the Contract Sum therein. The surety may not assign those obligations
without written consent of the OWNER. The surety shall be responsible for the
payment of all costs relating to the termination of the employment of the
Contractor including compensation for the Architect/Engineer's services and
expenses necessary thereby, the amount to be paid to the surety or OWNER, as
the case may be, shall be certified by the Architect/Engineer, upon application,
and this obligation for payment shall survive termination of the employment of
the Contractors.
Boynton Beach Community Redevelopment Agency 21
Ocean Breeze West
Site Development
XII. SUSPENSION BY THE OWNER FOR CONVIENCE
1. The OWNER may, without cause, order the Contractor in writing to suspend,
delay or interrupt the Work in whole or in part for such period of time as the
OWNER may determine.
2. An adjustment shall be made for increase in the cost of performance of the
Contract including profit on increased cost of performance, caused by
suspension, delay or interruption. No adjustment shall be made to the extent:
i. That performance is, was, or would have been suspended delayed or
interrupted by another cause for which the Contractor is responsible; or
11. That an equitable adjustment is made or denied under another provision
of this Contract.
3. Adjustment made in the cost of performance may have a mutually agreed fixed
or percentage fee.
XIII. WORK COVERED BY CONTRACT DOCUMENTS
1, The Project consists of the Construction of site improvements as identified in the
Construction Documents.
2. Project Location: See attached map
3. OWNER: Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
4. The Project will be constructed under a Construction Management at Risk
Contract with Guaranteed Maximum Price.
XIV. WORK SCHEDULE
1. The Work shall be substantially complete and ready within 6 months of
commencement of construction.
xv. USE OF PREMISES
1. General: Contractor shall have full use of the premises at Project site for
construction operations during the Construction period. Contractor's use of
premises is limited only by the CRA's right to perform work or to retain other
contractors on portions of the Project not covered by the Contract.
XVI. FORMATS AND CONVENTIONS
1. The Contract uses certain conventions for the style of language and the intended
meaning of certain terms, words, and phrases when used in particular situations.
These conventions are as follows:
i. Abbreviated Language: Language used in the Contract Documents is
abbreviated. Words and meanings shall be interpreted as appropriate. Words
implied, but not stated, shall be inferred as the sense requires. Singular words
shall be interpreted as plural, and plural words shall be interpreted as singular
where applicable as the context of the Contract Documents indicates.
ii. Imperative mood and streamlined language are generally used. Requirements
expressed in the imperative mood are to be performed by the Contractor.
Occasionally, the indicative or subjunctive mood may be used in the Section
Text for clarity to describe responsibilities that must be fulfilled indirectly by
Contractor or others when so noted. The words "shall," "shall be," or "shall
comply with," depending on the context, are implied where a colon (:) is used
within a sentence or a phrase.
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XVII.
PROJECT MANAGEMENT AND COORDINATION
1. Summary
i. This Section includes administrative provisions for coordinating
construction operations on Project including, but not limited to, the
following:
a, General Project coordination procedures.
b, Coordination Drawings.
c, Project Meetings,
2, Coordination
i. Coordinate construction operations to ensure efficient and orderly
installation of each part of the Work. Coordinate construction operations
that depend on each other for proper installation, connection, and
operation.
11, Schedule construction operations in sequence required to obtain the best
results where installation of one part of the work depends on installation
of other components, before or after its own installation,
iii. Coordinate installation of different components with other contractors to
ensure maximum accessibility for required maintenance, service, and
repair.
iv. Make adequate provisions to accommodate items scheduled for later
installation.
v. If necessary, prepare memoranda for distribution to each party involved,
outlining special procedures required for coordination. Include such items
as required notices, reports, and list of attendees at meetings,
vi, Prepare similar memoranda for OWNER and separate contractors if
coordination of their Work is required.
3. Administrative Procedures
1. Coordinate scheduling and timing of required administrative procedures
with other construction activities and activities of other contractors to
avoid conflicts and to ensure orderly progress of the Work. Such
administrative activities include, but are not limited to, the following:
1. Preparation of Contractor's Construction Schedule.
2. Preparation of the Schedule of Values.
3. Installation and removal of temporary facilities and controls.
4. Delivery and processing of submittals,
5. Progress meetings.
6, Project closeout activities,
4. Project Meetings
i. Schedule and conduct meetings and conferences at Project site,
ii. Inform participants and others involved, and individuals whose presence
is required, of date and time of each meeting, Notify OWNER and
Architect of scheduled meeting dates and times,
iii. Prepare the meeting agenda. Distribute the agenda to all invited
attendees.
iv.Record significant discussions and agreements achieved. Distribute the
meeting minutes to everyone concerned, including OWNER and
Architect, within 3 days of the meeting.
v. Schedule a preconstruction conference before starting construction, at a
time convenient to OWNER and Architect, but no later than 10 days
after Notice to Proceed is issued, Hold the conference at Project site or
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another convenient location. Conduct the meeting to review
responsibilities and personnel assignments.
vi. Authorized representatives of OWNER, Architect, and their consultants;
Contractor and its superintendent; major subcontractors; manufacturers;
suppliers; and other concerned parties shall attend the conference. All
participants at the conference shall be familiar with Project and authorized to
discuss matters relating to the Work.
vii. Discuss items of significance that could affect progress, include the
following:
a. Tentative Construction schedule.
b. Phasing.
c. Critical work of sequencing.
d. Designation of responsible personnel.
e. Procedures for processing field decisions and Change Orders.
f. Procedures for processing Application for Payment.
g. Distribution of the Contract Documents.
h. Submittal procedures.
1. Preparation of Record Documents.
j. Use of the premises.
k. Responsibility for temporary facilities and controls.
1. Parking availability.
m. Office, work, and storage areas.
n. Equipment deliveries and priorities.
o. First aid.
p. Security.
q. Progress Cleaning.
r. Working Hours.
viii. Conduct a pre-installation conference at Project site before each
construction activity that requires coordination with other construction.
IX. Review progress of other construction activities and preparations for the
particular activity under consideration, including requirements for the
following:
s. Contract Documents.
t. Options.
u. Related Change Orders.
v. Purchases.
w. Deliveries.
x. Submittals.
y. Review ofmockups.
z. Possible conflicts.
aa. Compatibility of materials.
bb. Time schedules.
cc. Weather limitations.
dd. Manufacturer's written recommendations.
ee. Warranty requirements.
ff. Compatibility of materials.
gg. Acceptability of substrates.
hh. Temporary facilities and controls.
ii. Space and access limitations.
jj. Regulations of authorities having jurisdiction.
kk. Testing and inspecting requirements.
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XVIII.
II. Required performance results.
mm. Protection of construction and personnel.
x. Conduct progress meetings at regular intervals. Coordinate dates of
meetings with preparation of payment requests.
XI. In addition to representatives of OWNER and Architect, each contractor,
subcontractor, supplier, and other entity concerned with current progress
or involved in planning, coordination, or performance of future activities
shall be represented at these meetings. All participants at the conference
shall be familiar with Project and authorized to conclude matters relating
to the Work.
XII. Review progress since the last meeting. Determine whether each activity
is on time, ahead of schedule, or behind schedule, in relation to
Contractor's Construction Schedule. Determine how construction behind
schedule will be expedited; secure commitments from parties involved to
do so. Discuss whether schedule revisions are required to ensure that
current and subsequent activities will be completed within the Contract
Time.
XlII. Review present and future needs of each entity present, including the
following:
I . Interface requirements.
2. Sequence of operations.
3. Status of submittals.
4. Deliveries
5. Off-site fabrication
6. Access.
~ Site utilization
8. Temporary facilities and controls.
9. Work hours.
10. Hazards and risks.
11. Progress cleaning.
12. Quality and work standards.
13 Change Orders.
14. Documentation of information for payment requests.
XIV. Revise Contractor's Construction Schedule after each progress meeting
where revisions to the schedule have been made or recognized. Issue
revised schedule concurrently with the report of each meeting.
QUALITY REQUIREMENTS
1. Summary
i. This Section includes administrative and procedural requirements for
quality assurance and quality control.
ii. Testing and inspecting services are required to verify compliance with
requirements specified or indicated. These services do not relieve
Contractor of responsibility for compliance with the Contract Document
requirements.
iii. Specified tests, inspections, and related actions do not limit Contractor's
quality-control procedures that facilitate compliance with the Contract
Document requirements.
IV. Requirements for Contractor to provide quality-control services required
by Architect, OWNER, or authorities having jurisdiction are not limited
by provisions of this Section.
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2. Definitions
I. Quality-Assurance Services: Activities, actions, and procedures performed
before and during execution of the Work to guard against defects and
deficiencies and ensure that proposed construction complies with
requirements.
ii. Quality-Control Services: Tests, inspections, procedures, and related
actions during and after execution of the Work to evaluate that completed
construction complies with requirements. Services do not include contract
enforcement activities performed by Architect.
iii. Testing Agency: An entity engaged to perform specific tests, inspections,
or both. Testing laboratory shall mean the same as testing agency.
3. Delegated Designs
I. Performance and Design Criteria: Where professional design services or
certifications by a design professional are specifically required of
Contractor by the Contract Documents, provide products and systems
complying with specific performance and design criteria indicated.
ii. If criteria indicated are not sufficient to perform services or certification
required, submit a written request for additional information to Architect.
4. Submittals
1. Qualification Data: For testing agencies specified in "Quality Assurance"
Article to demonstrate their capabilities and experience. Include proof of
qualifications in the form of a recent report on the inspection of the testing
agency by recognized authority.
ii. Delegated-Design Submittal: In addition to Shop Drawings, Product Data,
and other required submittals, submit a statement, signed and sealed by the
responsible design professional, for each product and system specifically
assigned to Contractor to be designed or certified by a design professional,
indicating that the products and systems are in compliance with
performance and design criteria indicated. Include list of codes, loads, and
other factors used in performing these services.
iii. Reports: Prepare and submit certified written reports that include the
following:
1. Date ofIssue.
2. Project title and number.
3. Name, address, and telephone number of testing agency.
4. Dates and locations of samples and tests or inspections.
5. Names of individuals making tests and inspections.
6. Description ofthe Work and test and inspection method.
7. Identification of product and Specification Section.
8. Complete test or inspection data.
9. Test and inspection result and an interpretation oftest results.
10. Ambient conditions at time of sample taking and testing and
inspecting.
11. Comments or professional opinion on whether tested or
inspected Work complies with the Contract Document
requirements.
12. Name and signature oflaboratory inspector.
13. Recommendations on retesting and reinspecting.
iv. Permits, Licenses, and Certificates: For OWNER's records, submit copies
of permits, licenses, certifications, inspection reports, releases,
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jurisdictional settlements, notices, receipts for fee payments, Judgments.
correspondence, records, and similar documents, established for
compliance with standards and regulations, bearing on performance of the
Work.
5. Quality Assurance
i.. Fabricator Qualifications: A firm experienced in producing products similar
to those indicated for this Project and with a record of successful in-service
performance, as well as sufficient production capacity to produce required
units.
11. Factory-Authorized Service Representative Qualifications: An authorized
representative of manufacturer who is trained and approved by manufacturer
to inspect installation of manufacturer's products that are similar in material,
design, and extent to those indicated for this Project.
111. Installer Qualifications: A firm or individual experienced in installing,
erecting, or assembling work similar in material, design, and extent to that
indicated for this Project, whose work has resulted in construction with a
record of successful in-service performance.
IV. Manufacturer Qualifications: A firm experienced in manufacturing products
or systems similar to those indicated for this Project and with a record of
successful in-service performance.
v. Professional Engineer Qualification: A professional engineer who is legally
qualified to practice in jurisdiction where Project is located and who is
experienced in providing engineering services of the kind indicated.
Engineering services are defined as those performed for installations of the
system, assembly, or product that are similar those indicated for this Project
in material, design, and extent.
VI. Specialists: Certain sections of the Specifications require that specific
construction activities shall be performed by entities who are recognized
experts in those operations. Specialists shall satisfy qualification
requirements indicated and shall be engaged for the activities indicated.
VlI. Requirements for specialist shall not supersede building codes and similar
regulations governing for the Work, nor interfere with local trade-union
jurisdictional settlements and similar conventions.
VlIl. Testing Agency Qualifications: An agency with the experience and
capability to conduct testing and inspecting indicated as documented by
ASTM E 548, and that specializes in types of tests and inspections to be
performed.
6. Quality Control
i. OWNER Responsibilities: Where quality-control services are indicated as
OWNER's responsibility, OWNER will engage a qualified testing agency to
perform these services.
11. OWNER will furnish Contractor with names, addresses, and telephones
numbers of testing and inspecting they are engaged to perform.
111. Costs for resting and reinspecting construction that replaces or is necessitated
by work that failed to comply with the Contract Documents will he charged
to Contractor.
IV. Contractor Responsibilities: Unless otherwise indicated, provide quality-
control services specified and required by authorities having jurisdiction.
v. Where services are indicated as Contractor's responsibility, engage a
qualified testing agency to perform these quality control services.
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VI. Notify testing agencies at least 24 hours in advance oftime when Work that
requires testing or inspecting will be performed.
VB. Where quality-control services are indicated as Contractor's responsibility,
submit a certified written report, in duplicate, of each quality-control service.
Vlll. Special Tests and Inspections: OWNER will engage a testing agency to
conduct special tests and inspections required by authorities having
jurisdiction as the responsibility of OWNER.
ix. Testing agency will notify Architect and Contractor promptly of irregularities
and deficiencies observed in the Work during performance of its services.
x. Testing agency will submit a certified written report of each test, inspection,
and similar quality-control service to Architect with copy to Contractor and
to authorities having jurisdiction
1. Testing agency will submit a [mal report of special tests and inspections at
Substantial Completion, which includes a list of unresolved deficiencies.
2. Testing agency will interpret tests and inspections and state in each report
whether tested and inspected work complies with or deviates from the Contract
Documents.
3 . Testing agency will retest and reinspect corrected work.
B. Manufacturer's Field Services: Where indicated, engage a factory authorized service
representative to inspect field-assembled components and equipment installation,
including service connections. Report results in writing.
C. Retesting/Reinspecting: Regardless of whether original tests or inspections were
Contractor's responsibility, provide quality-control services, including retesting and
reinspecting, for construction that revised or replaced Work that failed to comply with
requirements established by the Contract Documents.
D. Testing Agency Responsibilities: Cooperate with Architect and Contractor in
performance of duties. Provide qualified personnel to perform required tests and
inspections.
I. Notify Architect and Contractor promptly of irregularities or deficiencies
observed in the Work during performance of its services.
2. Interpret tests and inspection and state in each report whether tested and
inspected work complies with or deviates from requirements.
3. Submit a certified written report, in duplicate, of each test, inspection, and similar
quality-control service through Contractor.
4. Do not release, revoke, alter, or increase requirements of the Contract Documents
or approve or accept any portion of the Work.
5. Do not perform any duties of Contractor.
E. Associated Services: Cooperate with agencies performing required tests, inspections, and
similar quality-control services, and provide reasonable auxiliary services as requested.
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Notify agency sufficiently in advance of operations to permit assignment of personnel.
Provide the following:
1 . Access to the Work
2. Incidental labor and facilities necessary to facilitate tests and inspections.
3. Adequate quantities of representative samples of materials that require testing
and inspecting. Assist agency in obtaining samples.
4. Facilities for storage and field-curing oftest samples.
5. Delivery of samples to testing agencies.
6. Preliminary design mix proposed for use for material mixes that require control
by testing agency.
7. Security and protection for samples and for testing and inspecting equipment at
Project site.
F. Coordination: Coordinate sequence of activities to accommodate required quality-
assurance and quality-control services with a minimum of delay and to avoid necessity of
removing and replacing construction to accommodate testing and inspecting.
1 . Schedule times for tests, inspections, obtaining samples, and similar activities.
3 .1 REPAIR AND PROTECTION
A. General: On completion of testing, inspecting, sample taking, and similar services, repair
damaged construction and restore substrates and finishes.
1. Provide materials and comply with installation requirements specified in other
Sections of these Specifications. Restore patched areas and extend restoration
into adjoining areas in a manner that eliminates evidence of patching.
B. Protect construction exposed by or for quality-control service activities.
C. Repair and protection are Contractor's responsibility, regardless ofthe assignment of
responsibility for quality-control services.
END OF SECTION 01400
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SECTION 01700 - EXECUTION REOUlREMENTS
PART 1 -
1.1
A.
1.2
A.
B.
C.
D.
1.3
A.
GENERAL
SUMMARY
This Section includes general procedural requirements governing execution of the
Work including, but not limited to, the following:
1. Construction layout.
2. Field engineering and surveying.
3. General installation of products.
4. Progress cleaning
5. Starting and adjusting.
6. Protection of installed construction.
7. Correction of the Work.
B.
See Division 1 Section "Closeout Procedures" for submitting final property survey
with Project Record Documents, recording of OWNER-accepted deviations from
indicated lines and levels, and final cleaning.
SUBMITTALS
Certificates: Submit Certificate signed by land surveyor certifying that location and
elevation of improvements comply with requirements.
Landfill Receipts: Submit copy of receipts issued by a landfill facility, licensed to accept
hazardous materials, for hazardous waste disposal.
Certified Surveys: Submit two copies signed by land surveyor
Final Property Survey: Submit 10 copies showing the Work performed and record survey
data.
QUALITY ASSURANCE
Land Surveyor Qualifications: A professional land surveyor who is legally qualified to
practice in jurisdiction where Project is located and who is experienced in providing land-
surveying services of the kind indicated.
3.1 EXAMINATION
A. Existing Conditions: The existence and location of site improvements, utilities, and other
construction indicated as existing are not guaranteed. Before beginning work, investigate
and verify the existence and location of mechanical and electrical systems and other
construction affecting the Work,
1. Before construction, verify the location and points of connection of utility
services.
B. Existing Utilities: The existence and location of underground and other utilities and
construction indicated as existing are not guaranteed. Before beginning sitework,
investigate and verify the existence and location of underground utilities and other
construction affecting the Work.
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]. Furnish location data for work related to Project that must be performed by
public utilities serving Project site.
C. Acceptance of Conditions: Examine substrates, areas, and conditions, with Installer or
Applicator present where indicated, for compliance with requirements for installation
tolerances and other conditions affecting performance. Record observations.
]. Verify compatibility with and suitability of substrates, including
compatibility with existing finishes or primers.
2. Examine roughing-in for mechanical and electrical systems to verify actual
locations of connections before equipment and fixture installation.
3. Proceed with installation only after unsatisfactory conditions have been
corrected. Proceeding with the Work indicates acceptance of surfaces and
conditions.
3.2 PREP ARA TION
A. Existing Utility Information: Furnish information to OWNER that is necessary to adjust,
move, or relocate existing utility structures, utility poles, lines, services, or other utility
appurtenances located in or affected by construction. Coordinate with authorities having
jurisdiction.
B. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by
OWNER or others unless permitted under the following conditions and then only after
arranging to provide temporary utility services according to requirements indicated:
1. Notify OWNER not less than three days in advance of proposed utility
interruptions.
2. Do not proceed with utility interruptions without OWNER's written
permISSIon.
C. Field Measurements: Take field measurements as required to fit the Work properly.
Recheck measurements before installing each product. Where portions of the Work are
indicated to it to other construction, verify dimensions of other construction by field
measurements before fabrication. Coordinate fabrication schedule with construction
progress to avoid delaying the Work.
D. Space Requirements: Verify space requirements and dimensions of items shown
diagrammatically on Drawings.
E. Review of Contract Documents and Field Conditions: Immediately on discovery of the
need for clarification of the Contract Documents, submit a request for information to
Architect. Include a detailed description of problem encountered, together with
recommendations for changing the Contract Documents. Submit requests on CSI Form
13.2A, "Request for Interpretation."
3.3
A.
CONSTRUCTION LAYOUT
Verification: Before proceeding to layout the Work, verify layout information shown on
Drawings, in relation to the property survey and existing benchmarks. If discrepancies are
discovered, notify Architect promptly.
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B. General: Engage a land surveyor to layout the Work using accepted surveying practices.
1. Establish benchmarks and control points to set lines and levels at each story
of construction and elsewhere as needed to locate each element of Project.
2. Establish dimensions within tolerances indicated. Do not scale Drawings to
obtain required dimensions.
3. Inform installers oflines and levels to which they must comply.
4. Check the location, level and plumb, of every major element as the Work
progresses.
5. Notify Architect when deviations from required lines and levels exceed
allowable tolerances.
6. Close site surveys with an error of closure equal to or less than the standard
established by authorities having jurisdiction.
C. Site Improvements: Locate and layout site improvements, including pavements, grading,
fill and topsoil placement, utility slopes, and invert elevations.
D. Record Log: Maintain a log oflayout control work. Record deviations from required lines
and levels. Include beginning and ending dates and times of surveys, weather conditions,
name and duty of each survey party member, and types of instruments and tapes used.
Make the log available for reference by Architect.
3.4
A.
FIELD ENGINEERING
Reference Points: Locate existing permanent benchmarks, control points, and similar
reference points before beginning the Work. Preserve and protect permanent benchmarks
and control points during construction operations.
B. Benchmarks: Establish and maintain a minimum of two permanent benchmarks on
Project site referenced to data established by survey control points. Comply with
authorities having jurisdiction for type and size of a benchmark.
I. Record benchmark locations, with horizontal and vertical data, on Project
Record Documents.
C. Certified Survey: On completion of foundation walls, major site improvements, and other
work requiring field-engineering services, prepare a certified survey showing dimensions,
locations, angles, and elevations of construction and sitework.
D. Final Property Survey: Prepare a final property survey showing significant features (real
property) for Project. Include on the survey a certification, signed by land surveyor, that
principle metes, bounds, lines, and levels, of Project are accurately positioned as shown
on the survey.
1. Recording: At Substantial Completion, have the [mal property survey
rrcorded by or with authorities having jurisdiction as the official "property
survey."
3.5
A.
INST ALLA TION
General: Locate the Work and components of the Work accurately, in correct alignment
and elevation, as indicated.
1. Make vertical work plumb and make horizontal work level.
2. Where space is limited, install components to maximize space available for
maintenance and ease of removal for replacement.
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3. Conceal pipes, ducts, and wiring in finished areas, unless otherwise
indicated.
B. Comply with manufacturer's written instructions and recommendations for installing
products in applications indicated.
C. Install products at the time and under conditions that will ensure the best possible results.
Maintain conditions required for product performance until Substantial Completion.
D. Conduct construction operations so no part of the Work is subjected to damaging
operation or loading in excess of that expected during normal conditions of occupancy.
E. Anchors and Fasteners: Provide anchors and fasteners as required to anchor each
component securely in place, accurately located and aligned with other portions of the
Work.
1 . Mounting Heights: Where mounting heights are not indicated, mount
components at heights directed by Architect.
2. Allow for building movement including thermal expansion and contraction.
F. Joints: Make joints of uniform width. Where joint locations in exposed work are not
indicated, arrange joints for the best visual effect. Fit exposed connections together to
form hairline joints.
G. Hazardous Materials: Use products, cleaners, and installation materials that are not
considered hazardous.
3.6 PROGRESS CLEANING
A. General: Clean Project site and work areas daily, including common areas. Coordinate
progress cleaning for joint-use areas where more than one installer has worked. Enforce
requirements strictly. Dispose of materials lawfully
1. Comply with requirements in NFP A 241 for removal of combustible waste
materials and debris.
2. Do not hold materials more than 7 days during normal weather or 3 days if
the temperature is expected to rise above 80 deg F.
3. Containerize hazardous and unsanitary waste materials separately from other
waste. Mark containers appropriately and dispose of legally, according to
regulations.
B. Site: Maintain Project site free of waste materials and debris.
C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary
for proper execution of the Work.
1. Remove liquid spills promptly.
2. Where dust would impair proper execution of the Work, broom-clean or
vacuum the entire work area, as appropriate.
D. Installed Work: Keep installed work clean. Clean installed surfaces according to written
instructions of manufacturer or fabricator of product installed, using only cleaning
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materials specifically recommended. If specific cleaning materials are not recommended,
use cleaning materials that are not hazardous to health or property and that will not
damage exposed surfaces.
E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space.
F. Waste Disposal: Burying or burning waste materials on-site will not be permitted.
Washing waste materials down sewers or into waterways will not be permitted.
G. During handling and installation, clean and protection construction in progress and
adjoining materials already in place. Apply protective covering where required to ensure
protection from damage or deterioration at Substantial Completion.
H. Clean and provide maintenance on completed construction as frequently as necessary
through the remainder ofthe construction period. Adjust and lubricate operable
components to ensure operability without damaging effects.
1. Limiting Exposures: Supervise construction operations to assure that no part of the
construction, completed or in progress, is subject to harmful, dangerous, damaging, or
otherwise deleterious exposure during the construction period.
3.7
A.
STARTING AND ADmSTING
Start equipment and operating components to confirm proper operation. Remove
malfunctioning units, replace with new units, and retest.
B. Adjust operating components for proper operation without binding. Adjust equipment for
proper operation.
C. Test each piece of equipment to verify proper operation. Test and adjust controls and
safeties. Replace damaged and malfunctioning controls and equipments.
3.8
A.
PROTECTION OF INSTALLED CONSTRUCTION
Provide final protection and maintain conditions that ensure installed Work is without
damage or deterioration at time of Substantial Completion.
B. Comply with manufacturer's written instructions for temperature and relative humidity.
3.9
A.
CORRECTION OF THE WORK
Repair or remove and replace defective construction. Restore damaged substrates and
finishes. Comply with requirements in Division 1 Section "Cutting and Patching."
1. Repairing includes replacing defective parts, refinishing damaged surfaces,
touching up with matching materials, and properly adjusting operating
equipment.
B. Restore permanent facilitates used during construction to their specified condition.
C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be
repaired without visible evidence of repair.
D. Repair components that do not operate properly. Remove and replace operating
components that cannot be repaired.
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E. Remove and replace chipped, scratched and broken glass or reflective surfaces.
END OF SECTION 0 1700
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SECTION 02230 - SITE CLEARING
PART I-GENERAL
1.1 SUMMARY
A. This Section includes the following:
1. Protecting existing trees and vegetation to remain.
2. Removing trees and other vegetation.
3. Clearing and grubbing.
4. Topsoil stripping
5. Removing above-grade site improvements.
6. Disconnecting, capping or sealing, and abandoning site utilities in place.
7. Disconnecting, capping or sealing, and removing site utilities.
1.2 MATERIALS OWNERSHIP
A. Except for materials indicated to be stockpiled or to remain OWNER's property, cleared
materials shall become Contractor's property and shall be removed from the site.
1.3 PROJECT CONDITIONS
A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent
occupied or used facilities during site-clearing operations.
B. Salvable Improvements: Carefully remove items indicated to be salvaged and store on
OWNER's premises where indicated.
C. Notify utility locator service for area where Project is located before site clearing.
PART 2 - PRODUCTS
2.1. SOIL MATERIALS
A. Satisfactory Soil Materials: As specified in Division 2 Section" Earthwork."
1. Obtain approved borrow soil materials off-site when satisfactory soil
materials are not available on-site.
PART 3 - EXECUTION
3.1. PREPARATION
A. Before starting any demolition work, provide erosion-control measures to prevent soil
erosion and discharge of soil-bearing water runoff or airborne dust to adjacent properties
and walkways.
B. Locate and clearly flag trees and vegetation to remain or to be relocated.
C. Protect existing site improvements to remain from damage during construction.
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1 . Restore damaged improvements to their original condition, as acceptable
3.2 TREE PROTECTION
A. Erect and maintain a temporary fence around drip line of individual trees or around
perimeter drip line of groups of trees to remain. Remove fence when construction is
complete.
B. Do not excavation within drip line of trees, unless otherwise indicated.
C. Where excavation for new construction is required within drip line of trees, hand clear
and excavate to minimize damage to root systems. Use narrow-tine spading forks, comb
soil to expose roots, and cleanly cut roots as close to excavation as possible.
D.
3.3
A.
B.
C.
3.4
A.
Repair or replace trees and vegetation indicated to remain that are damaged by
construction operations, in a manner approved by Architect.
UTILITIES
Locate, identify, disconnect, and seal or cap off utilities indicated to be removed.
Fill depressions, caused by clearing and grubbing operations with satisfactory soil
material, unless further excavation or earthwork is indicated.
Excavate for and remove underground utilities indicated to be removed.
CLEARING AND GRUBBING
Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of
new construction. Removal includes digging out stumps and obstructions and grubbing
roots.
B. Fill depressions caused by clearing and grubbing operations with satisfactory soil
material, unless further excavation or earthwork is indicated.
1. Place fill material in horizontal layers not exceeding 8-inch (200-mm) loose
depth, and compact each layer to 98% density. AASHTO T -180.
3.5 TOPSOIL STRIPPING
A. Remove sod and grass before stripping topsoil.
B. Strip topsoil to whatever depths are encountered in a manner to prevent intermingling
with underlying subsoil or other waste materials.
C. Stockpile topsoil materials away from edge of excavations without intermixing with
subsoil. Grade and shape stockpiles to drain surface water. Cover to prevent windblown
dust. If topsoil is not being re-used for a period to exceed 3 weeks the stockpile shall be
stabilized.
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3.6 SITE IMPROVEMENTS
A. Remove existing above- and below-grade improvements as indicated in Specifications
and as necessary to facilitate new construction.
3.7 DISPOSAL
A. Disposal: Remove surplus soil material, unsuitable topsoil, obstructions, demolished
materials, and waste materials, including trash and debris, and legally dispose of them off
OWNER's property.
END OF SECTION
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
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SECTION 02300 - EARTHWORK
PART 1 -GENERAL
1.1 SUMMARY
A. This Section includes the following:
1. Preparing subgrades.
2. Excavating and backfilling.
3. Drainage course for slabs-on-grade.
4. Subbase course for concrete walks and pavements.
5. Base course for asphalt paving.
1.2 DEFINITIONS
A. Backfill: Soil materials used to fill an excavation.
B. Base Course: Layer placed between the subbase course and asphalt paving.
C. Bedding Course: Layer placed over the excavated subgrade in a trench before laying
pIpe.
D. Borrow: Satisfactory soil imported from off-site for use as fill or backfill.
E. Excavation: Removal of material encountered above subgrade elevations.
1. Additional Excavation: and replacement material will be paid for according to
Contract provisions for changes in the Work.
2. Unauthorized Excavation: Excavation below subgrade elevations or beyond
indicated dimensions without direction by Architect. Unauthorized excavation, as
well as remedial work directed by Architect, shall be without additional
compensation.
F. Fill: Soil materials used to raise existing grades.
G. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs,
mechanical and electrical appurtenances, other man-made stationary features constructed
above or below the ground surface.
H. Subbase Course: Layer placed between the subgrade and base course for asphalt paving,
or layer placed between the subgrade and a concrete pavement or walk.
I. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a
fill or backfill immediately below subbase, drainage fill, or topsoil materials.
J. Utilities include on-site underground pipes, conduits, ducts, and cables, as well as
underground services within buildings.
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1.3 PROJECT CONDITIONS
A. Existing Utilities: Do not interrupt utilities serving facilitates occupied by OWNER or
others unless permitted in writing by Architect and then only after arranging to provide
temporary utility services according to requirements indicated.
PART 2 - PRODUCTS
2.1 SOIL MATERIALS
A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not
available from excavations.
B. Satisfactory Soils: ASTM D 2487 Soil Classification Groups GW, GP, GM, SW, SP, and
SM, or a combination of these groups symbols; free of rock or gravel larger than 3 inches
(75 mm) in any dimension, debris, waste, frozen materials, vegetation, and other
deleterious matter.
C. Unsatisfactory Soils: ASTM D 2487 Soil Classification Groups GC, SC, ML, MH, CL,
CH, OL, OH, and PT or a combination ofthese group symbols.
D. Backfill and Fill: Satisfactory soil materials.
E. Subbase: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-
1I2-inch (38-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm)
sieve.
F. Base: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone,
and natural or crushed sand; ASTM D 2940; with at least 95 percent passing a I-1I2-inch
(38-mm) sieve and not more than 8 percent passing a NO. 200 (0.075-mm) sieve.
G. Bedding: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a 1-
inch (25-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve.
H. Drainage Fill: Washed, narrowly graded mixture of crushed stone, or crushed or
uncrushed gravel; ASTM D 448; coarse-aggregate grading Size 57; with 100 percent
passing a 1-1/2- inch (38-mm) sieve and 0 to 5 percent passing a No.8 (2.36-mm) sieve.
1. Detectable Warning Tape: Polyethylene film warning tape encasing a metallic core,
minimum 6 inches (I50-mm) wide and 4 mils (0.1 mm) thick, continuously inscribed
with a description of the utility.
Part 3 - EXECUTION
3.1 PREPARATION
A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage
caused by settlement, lateral movement, undermining, washout, freezing temperatures or
Boynton Beach Community Redevelopment Agency
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frost, and other hazards created by earthwork operations. Provide protective insulating
materials as necessary.
B. Provide erosion-control measures to prevent erosion or displacement of soils and
discharge of soil-bearing water runoff or airborne dust to adjacent properties and
walkways.
C. Prevent surface water and ground water from entering excavations, from ponding on
prepared subgrades, and from flooding Project site and surrounding area.
D. Protect subgrades from softening, undermining, washout, and damage by rain or water
accumulation.
3.2 EXCAVATION
A. Excavate to sub grade elevations regardless of the character of surface and subsurface
conditions encountered, including rock, soil materials, and obstructions.
1. If excavated materials intended for fill and backfill include unsatisfactory
soil materials and rock, replace with satisfactory soil materials.
B. Excavate for structures, pavements, and walks to the indicated elevations and dimensions.
Extend excavations for placing and removing concrete formwork, for installing services
and other construction, and for inspections. Trim bottoms to required lines and grades to
leave solid base to receive other work.
C. Excavate utility trenches to the indicated gradients, lines, depths, and invert elevations of
uniform widths to provide a working clearance on each side of pipe or conduit. Excavate
trench walls vertically from trench bottom to 12 inches (300 mm) higher than top of pipe
or conduit.
1. Excavate trenches deeper than bottom of pipe elevation, 6 inches (150 mm)
deeper in rock, 4 inches (100 mm) deeper elsewhere, to allow for bedding
course. Hand excavate for bell of pipe.
D. Proof roll subgrades, before filling or placing aggregate courses, with heavy pneumatic-
tired equipment to identify soft pockets and areas of excess yielding. Do not proof roll
wet or saturated subgrades.
E. Reconstruct sub grades damaged by freezing temperatures, frost, rain accumulated water,
or construction activities.
F. Fill unauthorized excavation under foundations or wall footings by extending bottom
elevation of concrete foundation or footing to excavation bottom, without altering top
elevation. Lean concrete fill may be used when approved by Architect.
1. Fill unauthorized excavation under other construction or utility pipe as
directed by Architect.
G. Stockpile borrow materials and satisfactory soil materials, without intermixing, in
shaped, graded, drained, and covered stockpiles. Stockpile soil materials away from edge
of excavations and outside drip line of remaining trees.
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3.3 BACKFILLS AND FILLS
A. Utility Trench Backfill: Place, compact, and shape bedding course to provide continuous
support for pipes and conduits over rock and other unyielding bearing surfaces and to fill
unauthorized excavations.
1. Place and compact initial backfill of satisfactory soil material or subbase
material, free of particles larger than 1 inch, (25 mm) to a height of 12 inches
(300 mm) over the utility pipe or conduit. Place and compact [mal backfill of
satisfactory soil material to final subgrade.
2. Install warning tape directly above utilities, 12 inches (300 mm) below
finished grade, except 6 inches below subgrade under pavements and slabs.
B. Fill: Place and compact fill material inlayers to required elevations.
C. Uniformly moisten or aerate subgrade and each subsequent fill or backfill layer before
compaction to within 2 percent of optimum moisture content.
1. Remove and replace, or scarify and air dry, otherwise satisfactory soil
material that exceeds optimum moisture content by 2 percent and is too wet
to compact to specified dry unit weight.
D. Compaction: Place backfill and fill materials in layers not more than 8 inches (200 mm)
in loose depth for material compacted by heavy compaction equipment, and not more
than 4 inches (100 mm) in loose depth for material compacted by hand operated tampers.
E. Compact soil to not less than the following percentages of maximum dry 98% density
according to Architect's specifications:
1. Under structures, buildings slabs, steps, and pavements, scarify and
recompact top 12 inches (300 mm) of existing subgrade and each layer of
backfill or fill material at 98 percent.
2. Under walkways, scarify and recompact top 6 inches (150 mm) below
subgrade and compact each layer of backfill or fill material at 95 percent.
3. Under lawn or unpaved areas, scarify and recompact top 6 inches (150 mm)
below sub grade and compact each layer of backfill or fill material at 85
percent.
F. Grading: Uniformly grade areas to a smooth surface, free from irregular surface changes.
Comply with compaction requirements and grade to cross sections, lines and elevations
indicated. Grade lawns, walks, and unpaved sub grades to tolerances of plus or minus 1
inch 925 mm) and pavements and areas within building lines to plus or minus Y2 inch (13
mm).
G. Subbase and Base Courses: Under pavement and walks, place subbase course on
prepared subgrade. Place base course material over subbase. Compact to required grades,
lines, cross sections and thickness to not less than 100 percent of maximum dry unit
weight according to AASHTO T 180.
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H. Under slabs-on-grade, place drainage course on prepared subgrade. Compact to required
cross sections and thickness to not less than 95 percent of maximum dry unit weight
according to ASTM D 698.
3.4 FIELD QUALITY CONTROL
A. Testing Agency: OWNER will engage a qualified independent testing and inspecting
agency to perform field tests and inspections and to prepare test reports.
B. Allow testing agency to test and inspect subgrades and each fill or backfill layer. Proceed
with subsequent earthwork only after test results for previously completed work comply
with requirements.
C. When testing agency reports that subgrades, fills, or backfills have not achieved degree of
compaction specified, scarify and moisten or aerate, or remove and replace soil to depth
required; recompact and retest until specified compaction is obtained.
3.5 PROTECTION AND DISPOSAL
A. Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and
debris.
B. Repair and reestablish grades to the specified tolerances where completed or partially
completed surfaces become eroded, rutted, settled, or where they lose compaction.
C. Where settling occurs before Project correction period elapses, remove finished
surfacing, backfill
with additional soil material, compact, and reconstruct surfacing.
D. Disposal: Removal surplus satisfactory soil and waste material, including unsatisfactory
soil, trash, and debris, and legally dispose of it off OWNER's property.
END OF SECTION 02300
Boynton Beach Community Redevelopment Agency
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GENERAL REOUIREMENTS
Temporary Facilities
PART 1 - GENERAL
1.1 Related Documents:
Construction Drawings and general provisions of Contract, including General Conditions,
and Supplemental General Conditions.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION
3.1 Office at the Work Site
During the performance of this Contract, CONTRACTOR shall maintain a suitable office at
or near the site of the Work which shall be the headquarters of his superintendent. Any
communication given to the superintendent or delivered to CONTRACTOR's office at the
site of the Work in his absence shall be deemed to have been delivered to CONTRACTOR.
The OWNER shall have access to the work site office at agreed upon times.
3.2 Water for Construction
All water required for and in connection with the Work to be performed shall be furnished
by and at the expense of the CONTRACTOR through meters installed on hydrants. All costs
for obtaining a water meter shall be the responsibility of the CONTRACTOR. The
CONTRACTOR shall contact the City of Boynton Beach and make arrangements for the
meter. CONTRACTOR shall install a double-check valve assembly on the fire hydrant
between the line and the meter, to prevent backflow in the event of pressure failure.
CONTRACTOR shall supply all necessary tools, hose and pipe, and shall make necessary
arrangements for securing and transporting such water. It shall be the CONTRACTOR's
responsibility to make arrangements with the Boynton Beach Water Utility Department for
the metering and reporting of the amount of water used. Water shall not be used in a
wasteful manner. Temporary lines shall be removed when no longer required.
3.3 Telephone Service
CONTRACTOR shall make all necessary arrangements and pay all installation charges for
telephone lines in his offices at the site and shall provide all telephone instruments.
3.4 Sanitary Facilities
CONTRACTOR shall furnish temporary sanitary facilities at the site, as provided herein, for
the needs of all construction workers and others performing Work or furnishing services on
the Project.
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Sanitary facilities shall be of reasonable capacity, properly maintained throughout the
construction period, and obscured from public view to the greatest practical extent. If toilets
of the chemically treated type are used, at least one toilet shall be furnished for each 20
employees. CONTRACTOR shall enforce the use of such sanitary facilities by all personnel
at the site.
3.5 Protection of Public and Private Property
CONTRACTOR shall protect, shore, brace, support and maintain all underground pipes
conduits, drains, and other underground construction uncovered or otherwise affected by the
CONTRACTOR's operations. All pavement, surfacing, driveways, curbs, walks, buildings,
utility poles, guy wires, fences, and other surface structures affected by construction
operations, together with all sod and shrubs in yards, parkways, and medians, shall be
restored to their original condition, whether within or outside the easement/right-of-way. All
replacements shall be made with new materials.
CONTRACTOR shall be responsible for all damage to streets, roads, curbs, sidewalks,
highways, shoulders, ditches, embankments, culverts, bridges, or other public or private
property, which may be caused by transporting equipment, materials, or men to or from the
Work, whether by him or his Subcontractors. CONTRACTOR shall make satisfactory and
acceptable arrangements with the OWNER of, or the agency having jurisdiction over, the
damaged property concerning its repair or replacement or payment of costs incurred in
connection with the damage.
All fire hydrants and water control valves shall be kept free from obstruction and available
for use at all times.
3.6 Tree and Plant Protection
All trees and other vegetation which must be removed to perform the Work shall be removed
and disposed of by the CONTRACTOR; however, no trees or cultured plants shall be
unnecessarily removed unless their removal is indicated on the Drawings. All trees and
plants not removed shall be protected against injury from construction operations.
Whenever practicable, CONTRACTOR shall tunnel beneath trees in yards and parking lots
when on or near the line of trenching operations. Hand excavations shall be employed as
necessary to prevent injury to trees. Care shall be taken with exposed roots, unearthed during
construction, so that roots do not dehydrate causing tree damage.
Trees considered by the Environmental Agency/ A to have any significant effect on
construction operations are indicated on the Drawings and those which are to be preserved
are so indicated.
CONTRACTOR shall take extra measures to protect trees designated to be preserved, using
methods shown on the Drawings and as specified in Standard Specification Item No. 610S
"Preservation of Trees and other Vegetation."
3.7 Security
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CONTRACTOR shall be responsible for protection of the site, and all Work, materials,
equipment, and existing facilities hereon, against vandals and other unauthorized persons.
No claim shall be made against OWNER by reason of any act of an employee or trespasser,
and CONTRACTOR shall make good all damage to the OWNER's property resulting from
CONTRACTOR's failure to provide security measures as specified.
Security measures shall be at least equal to those usually provided by OWNER to protect
existing facilities during normal operations, and shall also include such additional security
fencing, barricades, lighting, and other measures as required to protect the site. When
required, the CONTRACTOR shall provide a security plan to the OWNER for review as to
appropriateness of the security measures proposed.
3.8 Access Roads
CONTRACTOR shall establish and maintain temporary access roads to various parts of the
site as required to complete the Project. Such roads shall be available for the use of all
others performing Work or furnishing services in connection with the Project.
3.9 Parking
CONTRACTOR shall provide and maintain suitable parking areas for the use of all
construction workers and others performing Work or furnishing services in connection with
the Project, as required, to avoid any need for parking personal vehicles where they may
interfere with public traffic, the OWNER's operations, or construction activities.
3.10 Dust Control
Dust Control during construction of this Project shall conform to Standard Specifications
Item No. 220S, "Sprinkling for Dust Control". No direct payment will be made for dust
control. Dust Control shall be considered subsidiary work relating to various Bid items of
the Contract.
3.11 Temporary Drainage Provisions
CONTRACTOR shall be responsible for providing for the drainage of stormwater and such
water as may be applied or discharged on the site in performance of the Work.
CONTRACTOR shall obtain E/A approval for temporary drainage facilities which will
handle, carry through, or divert around his Work all drainage flow, including storm flow and
flows created by construction activity, to prevent silting of waterways or flooding damage to
the property and adjacent property.
3.12 Erosion Control
CONTRACTOR shall prevent erosion of soil on the site and adjacent property resulting
from his construction activities. Effective measures shall be initiated prior to the
commencement of clearing, grading, excavation, or other operations which will disturb the
natural protection.
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CONTRACTOR shall use controls found in "Environmental Criteria Manual" or developed
from successful techniques elsewhere as approved by E/ A. Siltation and/or sedimentation
controls shall include dams, berms, and dikes as recommended in the "Environmental
Criteria Manual" .
3.13 Pollution Control
CONTRACTOR shall prevent the pollution of drains and watercourses by sanitary wastes,
sediment, debris and the substances resulting from construction activities. No sanitary
wastes will be permitted to enter any drain or watercourse. No sediment, debris or other
substance will be permitted to enter sanitary sewers and reasonable measures shall be taken
by Contractor to prevent such materials from entering any drain or watercourse.
CONTRACTOR shall observe the rules and regulations of the State of Florida and agencies
of the U.S. Government prohibiting the pollution of any lake, stream, river, or wetland by
the dumping of any refuse, rubbish, dredge material, or debris therein. CONTRACTOR is
specifically cautioned that disposal of materials into any water of a governmental authority
must conform to the requirements of that authority.
3.14 Noise Control
CONTRACTOR shall comply with the City of Boynton Beach's Noise Ordinance.
CONTRACTOR shall take reasonable measures to avoid unnecessary noise. Such measures
shall be appropriate for the normal ambient sound level in the area during working hours.
All construction machinery and vehicles shall be equipped with practical sound-muffling
devices, and operated in a manner to cause the least noise consistent with efficient
performance of the Work.
3.15 Construction Sign
Contractor shall erect install and maintain construction signage as required by the City of
Boynton Beach. Signs shall be constructed in accordance with City Standards and
construction Drawings.
3.16 Fences
All existing fences affected by the Work shall be maintained by the CONTRACTOR until
completion of the Work. Fences which interfere with construction operations shall not be
relocated or dismantled until written permission is obtained from the OWNER of the fence,
and the period the fence may be left relocated or dismantled has been agreed upon. Where
fences must be maintained across any construction easement, adequate gates shall be
installed. Gates shall be kept closed and locked at all times when not in use.
3.17 Mail Boxes
CONTRACTOR shall remove, reset temporarily, and relocate permanently all mail boxes
that are within construction site limits conforming to requirements of United States Postal
Service. Mailboxes shall not be laid on the ground, but shall be temporarily reset the same
day as removed. Payment for removing and resetting of mail boxes will not be paid for
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directly, but will be considered subsidiary to the various Bid items. Any damage to mail
boxes or posts shall be the responsibility of the CONTRACTOR.
3.18 Emergency Facilities
Free access shall be maintained at all times to fire lanes and emergency and utility control
facilities such as fire hydrants, fIre alarm boxes, police call boxes, and utility valves,
manholes, junction boxes, etc. In the event that it is necessary to make one of these facilities
temporarily inaccessible, CONTRACTOR shall obtain approval of such action, and
schedule, of Work from the OWNER. CONTRACTOR shall also provide at least 24 hours
prior notice to the Fire Department, Police Department, and City Department governing the
affected utility. The same Department(s) shall be promptly notified by the CONTRACTOR
when such facilities are placed back in unobstructed service.
3.19 Notification of OWNERs
Unless otherwise indicated, the OWNER will notify property OWNERs abutting the right-
of-way of impending construction. The CONTRACTOR shall exercise diplomacy and tact
with individual property OWNERs.
3.20 Maintenance of Traffic
CONTRACTOR shall conduct his Work to interfere as little as possible with public travel,
whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads,
driveways, and walks whether public or private, the CONTRACTOR shall provide and
maintain suitable safe bridges, detours or other temporary measures to accommodate public
and private travel, and shall provide reasonable notice to OWNERs of private drives before
interfering with them. Such maintenance of traffic will not be required when
CONTRACTOR has obtained written permission from the OWNER and the tenant of the
private property, or from the authority having jurisdiction over public property involved, to
obstruct traffic at the designated point. A copy of the initial written permission shall be
provided to the OWNER's Representative.
Safety and conveyance of traffic shall be regarded as prime importance. Unless otherwise
directed, all portions of streets associated with this Project shall be kept open and provided a
dust free, smooth and comfortable ride to traffic. It shall be the responsibility of the
CONTRACTOR to ensure that traffic may safely bypass the construction site and that access
is provided to abutting private property.
Prior to beginning Work, CONTRACTOR shall designate, in writing, a competent person
who will be responsible and available on the Project site, or in the immediate area, to ensure
compliance with the traffic control plan. CONTRACTOR shall provide documentation to
demonstrate the sufficient training in Traffic Control for his competent person. OWNER will
designate a qualified person to observe implementation and who will have authority to
assure compliance with the traffic control plan.
The CONTRACTOR shall perform the necessary cleanup and finishing immediately after all
or a portion of the Work is completed. When the Work includes paving operations, the
entire site shall be kept clean to facilitate placement of required traffic control devices.
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Temporary and permanent striping lay-out shall be approved by the Department of Public
Works and Transportation prior to placement, when included in the Work.
(1) Detours
Where applicable, CONTRACTOR shall erect and maintain detours around construction
activities. Should CONTRACTOR desire to propose a detour, the Contractor shall
obtain approval of the traffic control plan from the City of Boynton Beach or other
designated authority, prior to implementation of the detour. The designated City or
County Department has final authority as to the acceptability of any proposed traffic
control plan. The CONTRACTOR shall bear all costs for the traffic control plan and for
maintaining the proposed detour.
(2) Barricades and lights
CONTRACTOR shall place and maintain in good condition, standard barricades at each
end of the Project and at other locations where traffic is rerouted or blocked from using
regular traffic lanes. Barricades and warning signs shall be in accordance with City of
Boynton Beach requirements. Signs, barricades, and warning devices informing the
public of construction features will be placed and maintained by the CONTRACTOR,
who shall be solely responsible for their maintenance. The decision to use a particular
device at a particular location as indicated in the traffic control plan or as determined by
the CONTRACTOR, shall be the sole responsibility of the CONTRACTOR.
All open trenches and other excavations shall have suitable barricades, signs, and lights
to provide adequate protection to the public. Obstructions, such as material piles and
equipment shall be provided with similar warning signs and lights. All barricades and
obstructions shall be illuminated with warning lights from sunset to sunrise. Material
storage and conduct of the Work on, or along side, public streets and highways shall
cause a minimum obstruction and inconvenience of the traveling public.
END OF SECTION
Boynton Beach Community Redevelopment Agency
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CERTIFICATE OF NON-SUSPENSION AND DEBARMENT
Boynton Beach Community Redevelopment Agency, Inc. is prohibited from contracting with or
making prime or sub-awards to parties that are suspended or debarred or whose principals are
suspended or debarred from Federal, State, or local contracts. Covered transactions include
procurement contracts for goods or services equal to or in excess of $25,000.00 and all non-
procurement transactions.
Bidder must answer all questions completely and all information must be clear, accurate and
comprehensive. Ifnecessary, questions may be answered on separate attached sheets.
A. Name of Bidder:
B. Bidder's Permanent Address:
C. Bidder's Phone No.:
D. Number of years in business under current company name:
(Note: A minimum of one (1) year's existence as a business is required under the current
company name. Changes in company name during the experience period are acceptable if the
continuity of the company structure can be demonstrated. Attach separate documentation, if
applicable.)
If response is "YES" for questions E - H, attach brief description or explanation
E. Has the Bidder ever defaulted on a contract?
YES (_) NO (_)
F. Are there currently any judgments, claims, or lawsuits pending against the
Bidder?
YES (_) NO (_)
G. Does Bidder currently have any claims, judgments or lawsuits pending against
any prior client?
YES (_) NO (_)
H. Is the Bidder or principals of Bidder now, or has the Bidder or principals of
Bidder ever been, involved in any bankruptcy or reorganization proceedings?
YES (_) NO (_)
The Bidder hereby certifies that its responses to the above questions are true and that its firm and
its principals are not currently suspended or debarred from bidding on any Federal, State, or local
contracts.
PROJECT Name
PROJECT Address
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
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CONTRACTOR'S Name
---.___'_'._"'___"__M___,_~.____ _'_.__'___..."...,.,_.____,_._____..."._.__..,~,..,,_.,_
Signed by (Authorized Representative) ___________________.____
Printed Name:
Title
Date
This form must be completed and included in the bid submission.
Boynton Beach Community Redevelopment Agency
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CERTIFICATE OF NON-DISCRIMINATION
In connection with the performance of work under any contract to be executed, if selected, the
contractor agrees as follows:
A. The contractor agrees not to discriminate against any employee or applicant for
employment or subcontracting opportunities because of race, creed, color, sex, national
origin, or ancestry. The Contractor shall take afftrmative action to insure that employees or
subcontractors are treated without regard to their race, creed, color, national origin, sex, or
ancestry. Such actions shall include, but not be limited to the following: Employment,
upgrading, demotion or transfer, recruiting or recruitment advertising, layoff or termination,
rates of payor other forms of compensation and selection for training, including
apprenticeship. The contractor and sub-contractors shall agree to post such notices in a
conspicuous place, available to employees and applicants for employment.
B. In the event of the Contractor's non-compliance with this non-discrimination clause, the
contract may be canceled or the Contractor terminated. In addition, the Contractor may be
declared ineligible for further contracts with the OWNER until satisfactory proof of intent to
comply shall be made by the Contractor.
C. The contract agrees to include this non-discrimination clause in any sub-contracts
connected with the performance of this agreement.
I have read the above stated clause and agree to abide by its requirements.
Contractor:
By:
Title
ATTEST:
Secretary
This form must be completed and included in the bid submission.
Boynton Beach Community Redevelopment Agency
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END OF SECTION
CERTIFICA nON 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 Invitation to Bid 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 Invitation to Bid, 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):
END OF SECTION
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A TT ACHMENT "B"
CONSTRUCTION DOCUMENTS
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
54
ATTACHMENT "C'
ADDENDA ACKNOWLEDGEMENT
Receipt is hereby acknowledged of the following addenda to this RFP by entering
YES or NO in the space provided and indicating date received. Enter "0" if no
addenda are issued by the eRA.
No.1 Date
No.2 Date
No.3 Date
No.4 Date
Proposer's Signature
Title
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
55
ATTACHMENT "D"
STATEMENT OF NO RESPONSE
If you are not submitting a proposal on this service/commodity, please complete and return this
form to:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
Vendor/Company Name:
Mailing Address:
City:
State:
Zip:
Telephone Number:
(
)-
Fax Number: <-) _ -
Vendor Signature:
Date:
WE, the undersigned, have declined to respond to your Proposal for the CONSTRUCTON
MANAGEMENT AT RICK CONTRACT WITH GUARANTEED MAXIMUM PRICE
because of the following reasons:
Specifications too "tight" (i.e., geared toward brand or manufacturer only (specify/
explain below).
Insufficient time to respond to the Invitation to Proposal.
We do not offer this product or an equivalent.
Our product schedule would not permit us to perform.
We are unable to meet specifications.
We are unable to meet bond requirements.
Specifications unclear (explain below).
Other (specify/explain below).
REMARKS:
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
56
ATTACHMENT "E"
PROPOSER ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT
Submit Proposals
To:
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
Release Date:
Project Title:
CMAR WITH GUARANTEED MAXIMUM PRICE
-BOYNTON BEACH AMPIDTHEATRE
-BOYNTON HARBOR MARINA ENTRY AREA
-RELOCATION AND RENOVATION OF JONES COTTAGE
(project)
. Proposals must be received in their entirety by the
Boynton Beach CRA no later than 3:00 p.m. (local time).
Proposal Received
By:
Proposals will be opened in the Boynton Beach Community Redevelopment Agency unless
specified otherwise. Proposal receiving date and time is scheduled for
NO LATER THAN 3:00 p.m. (local time) and may not be withdrawn within ninety (90) days
after such date and time.
All awards made as a result of this proposal shall conform to applicable sections of the charter
and codes of the Boynton Beach Community Redevelopment Agency and/or the City of Boynton
Beach.
Name of Vendor:
Federal I.D. Number:
A Corporation of the State of:
Telephone Number:
<--) -- -
Fax Number: <--) _ - .
Mailing Address:
City:
State:
Zip:
Vendor Mailing Date:
Authorized Signature
Name (Printed or Typed)
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
57
A TT ACHMENT "F"
PUBLIC ENTITY CRIMES STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not: submit a proposal on a contract or provide any goods or services to a
public entity; submit a proposal on a contract with a public entity for the construction or repair of
a public building or public work; submit proposals on leases of real property to a public entity; be
awarded or perform work as a CONTRACTOR, supplier, subcontractor or consultant under a
contract with any public entity; or transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six
(36) months from the date of being placed on the convicted vendor list.
As the person authorized to sign the Statement, I certify that this firm complies fully with
the above requirements.
Proposer's Signature
Title
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
58
ATTACHMENT "G"
SAFETY RECORD
2009 2008 2007 2006 2005
1. Number of Injuries and Illnesses
2. Number of Lost Time Accidents
----
3. Number of Recordable Cases
---~_. -~---- -_._"-
4. Number of Fatalities
-.-- ---.-"-.- ----
Number of Direct Hire Fixed
5. Hours Worked
--"-"- ---~. .-- --~
Signature
Title
Subscribed and sworn to before me.
This
day of
,20_
My Commission Expires:
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
59
ATTACHMENT "H"
STATEMENT OF CMAR EXPERIENCE
1. Name of Proposer:
2. Business Address:
3. When Organized:
4. Where Incorporated:
5.
How many years have you been engaged in the contracting business
under the present firm name?
years
6. General character of work performed by your company:
7. Enclose evidence of possession of required licenses and/or business permits. *
8. Number of Employees:
9. Background and experience of principal members of your personnel (including officers). *
10. Bonding Capacity:
11. Have you ever defaulted on a contract? If so, where and why? *
Yes
No
12. Experience in performance:
Contact Name
Phone #
Proiect
$ Value
$
$
$
$
$
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
60
ATTACHMENT '''1''
SHEDULE OF SUBCONTRACTORS
Proposers are to submit a detailed listing of any Subcontractor(s) participation of any portion of
this project for any reason. Attach additional pages if necessary.
Project Title:
CMAR
Boynton Beach Amphitheatre
Boynton Harbor Marina Entry Area
Relocation and Renovation of the Jones Cottage
Issuance Date:
Proposers Name:
I -~_.,-
:
I I
I
I
Name/Address/Phone of Type of Work to be i
Subcontractor Performed Dollar Amount
Name:
Address:
Phone:
I
Name:
Address:
Phone:
I
Name:
Address:
.
Phone: I
i --,"
% of Total
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
61
I
I
I
I
i
I
---~
---~
ATTACHMENT "1"
DRUG-FREE WORKPLACE CERTIFICATION
Preference shall be given to businesses with drug-free workplace programs. Whenever two (2) or
more proposals, which are equal with respect to price, quality and service, are received by the
Boynton Beach Community Redevelopment Agency or by any political subdivision for the
procurement of commodities or contractual services, a proposal received from a business that
certifies that it has implemented a drug-free workplace program shall be given preference in the
award process. Established procedures for processing tie proposals will be followed if none of the
tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:
1) 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 the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business' 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) Give each employee engaged in providing the commodities or contractual services that are
under Proposal a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under proposal, the employee
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 of any controlled
substance law of the United States of America or any state for a violation occurring in the
workplace no later than five (5) days after such conviction.
5) 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 so convicted.
6) 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.
Proposer's Signature
Title
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
62
A TT ACHMENT "K"
PROPOSAL
Project Title:
CMAR
-BOYNTON BEACH AMPHITHEATRE
-BOYNTON HARBOR MARINA ENTRY AREA
-RELOCATION AND RENOVATION OF JONES COTTAGE
(project)
Name of Proposer:
We propose and agree, if this proposal is accepted, to contract with the Boynton Beach
Community Redevelopment Agency, in the Contract Form as attached and incorporated into the
Request for Proposal, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract Documents.
Having studied the documents prepared by: VHB and REG and having examined the project site
we propose to perform the work of this Project according to the Contract Documents and any
Addenda which we have received:
The Proposer agrees to accept as full payment for the Project.
GRAND TOTAL:
$
Dollars
and
Cents
(amount written in words has precedence)
The undersigned Proposer agrees to commence work within ten (10) calendar days after the date
of the "Notice to Proceed" has been awarded and shall achieve substantial completion without
interruption within calendar days thereafter.
Original and six (6) copies of proposal submitted.
Attached is a computer-generated, horizontal bar chart showing proposed schedule of
work.
Schedule of Subcontractor(s) submitted.
Evidence of possession of required licenses and/or business permits submitted.
The undersigned hereby represents that he has carefully examined the drawings and the Contract
including all Contract Documents, and will execute the Contract and perform all its items,
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
63
covenants and conditions, all in exact compliance with the requirements of the specifications and
drawings.
The Proposer, by and through the submission of his Proposal, agrees that he has examined and
shall be held responsible for having theretofore examined himself as to the character of the route,
location, surface and underground obstructions, nature of the ground water table, conditions and
all other physical characteristics of the work in order that he may thereby provide for the
satisfactory completion thereof, including the removal, relocation or replacement of any objects
or obstructions which will be encountered in performing the proposed work.
The Proposer, by submission of this Proposal, acknowledges that the Proposer has been advised
that in the event that the Proposer contests the award of this Project to another Proposer, the
Proposer damages, if any, are limited to actual Proposal preparation costs, and Proposer hereby
waives any claim it may have for other damages coming from the Boynton Beach Community
Redevelopment Agency's failure to award the Project Proposer.
Date
Name of Proposer, Corporation, Firm or
Individual
By:
Signature
Printedrryped Name
Title
Telephone Number
Florida Contractor's License Number:
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
64
ATTACHMENT "L"
PROPOSAL BOND
STATE OF
COUNTY OF
KNOWN ALL MEN BY THESE PRESENTS, that
as Principal, and , as Surety, authorized to
do business in the State of Florida are held and firmly bound unto the Owner, Boynton Beach
Community Redevelopment Agency in the penal sum of
Dollars ($
) lawful money of the United States, for the payment of which sum
will and truly to be made, we bond ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITON OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying proposal, dated , 20 I 0, for:
NOW THEREFORE,
A. If the Principal shall not withdraw said Proposal within ninety (90) days after
date of opening the same, and shall within ten (10) days after the prescribed
forms are presented to him for signature, enter into a written Contract with the
Owner in accordance with the Proposal as accepted, and give bonds with goods
and sufficient surety or sureties, as may be required, for the faithful performance
and proper fulfillment of such Contract, then the above obligations shall be void
and of no effect, otherwise to remain in full force and effect.
B. In the event of the withdrawal of said Proposal within the period specified, or the
failure to enter into such Contract and give such bonds within the time specified,
if the Principal shall pay the Owner the difference between the amount specified
in said Proposal and the amount for which the Owner may procure the required
work and supplies, if the latter amount be in excess of the former, then the above
obligations shall be void and of no effect, otherwise to remain in full force and
effect.
C. This bond is given to comply with Section 255.05, Florida Statues, and any
action instituted by any claimant under this bond for payment must be in
accordance with the notice and time limitation provisions in Section 255.05(2),
Florida Statues.
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
65
(Proposal Bond Continued)
IN WITNESS WHEREOF, the above bounded parties have executed this instrument
under their several Seals this day of , 20_, being hereto
affixed and these presents duly signed by its undersigned representative, pursuant to authority of
its governing body.
PRINCIPAL:
WITNESS:
Name of Firm
(If sole Ownership or Partnership, two (2) Witnesses are required.)
(If Corporation, Secretary only will attest and affix Seal.)
Witness Signature
Witness Signature
Signature of Authorized Officer (Affix Seal)
Title
Business Address
City and State
SURETY:
WITNESS:
Corporate Surety
(If sole Ownership or Partnership, two (2) Witnesses are required.)
(If Corporation, Secretary only will attest and affix Seal.)
Witness Signature
Attorney-in-Fact (Affix Seal)
Name of Local Insurance Agency
Business Address
City and State
Boynton Beach Community Redevelopment Agency
Ocean Breeze West
Site Development
66
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HOLIDAY HOUSE REVISED LEASE
PROPOSAL 9-13-10
eRA Office Location Options (2,000 ~ 3,000 sq. ft.)
May 2010
Montly Other
Address RentlOwJ1 RentlPmt. Expenses/Credits Sq, Ft. Property Condition Comments
2,062 Property is fISted to sell
1 Current Location Rent $ 3,300 standard maintenance (1,700 usable) Fair
2 3330 S. Federal Rent $ 5,000 $30,000 for buijd out 2,228 Excellent /Newly Constructed $17.68 + $9.25 CAM
Cost of BUIld-out over
3 407 S. Federal Rent $ 3.500 $20,000 allowance 3,000 interior would have to be built out Parking is insufficient
Las Ventanas - 507 e. $37 credit pro sq. ft for
4 Woolbright Rent $ 5,520 build out 2,500 Excellent /Newly Constructed $18 + $8.50
Sunshine $40 credit pr sq. ft.
5 SquarelWooIbrightJFederal Rent $ 6,145 bund out 2,500 Fair $20 + $9.50
COMPARATIVE ANALYSIS FOR CR. OFFICE LOCATIONS DATED 9-13-';'
CRA OFFICE LOCATION OPTIONS (2,000-3,000 SQ. FTI SQ. FT. PRICE PER CAM TOTAL PER i MONTHLY ANNUAL RENT
SF. SQ. FTI RENT FIRST YEAR OF
LEASE
L CRA CURRENT LOCATION--Condition: fair 1,700 (Included) $26.12 $3,700,00 $44,400.00 Approximate i
$200 per mo.
storage costs i
not included
2. 3330 S. Federal Highway 2,228 $17.68 $9.25 $26.93 $5,000.00 $60,000.00
Excellent/New Const, $30,000 Build- out
Advertised 3" annual increases
$22.00 sf + $9.25 CAM= $32.25
3. Las Ventanas- Condition: Excellent/Newly Const. 2,500 $18.00 $8.50 $26.50 $5,520.00 $66,240.00
$37 sf. Build Out
Advertised 4" annual increases
$22.00 sf + $8.50 CAM = $30.50
4. Sunshine Square -Woolbright/Federal 2,500 $20.00 $9.50 $29.50 $6,145.00 $73,740.00
Condition: Fair $40 sf Build Out
Advertised 3" annual Increases
________..__.__~.".____,_'_._.m__....__.,_,____ - ---~ ~- -~- --~---~-_."-- "U'_ -."-~-"---------.--t---..-
SQ. FT. PRICE PER CAM TOTAL RENT MONTHLY ANNUAL RENT TOTAL RENT TOTAL REN
SF. PER SQ. FT RENT FIRST YEAR OF AFTER 6 YRS AFTER 10 YRS
LEASE
BASED UPON THE AVERAGED PRiCE PER SQ rr (Alii! 2,500 $18.56 $9.08 $27.64 $5,758.33 $69,100.00 $436,334.22 $758,924.00
and 3% ANNUAL INCREASES
Note: figures used are not based upon present maea,ed
advernsed averaged rates which are
$21,33 sf +$9,08 CAM=S30.41
HOLIDAY HOUSE 710 N. FEDERAL 3,456 $16.00 $5.76 $21.76 $6,266.88 $75,202.56 $486,216.37: $862,955.30
Condition: Complete New Renovation
Free Standing BLDG-50 parking spaces
4% annual Increase
DIFFERENCE IN RENT -HOLIDAY HOUSE VS. OTHER MARKET LOCATIONS $49,882.15 $104,031.30
COMPARATIVE ANALYSIS FOR CRA OFFICE LOCATIONS DATE 9-13-10
COMPARATIVE ANALYSIS FOR CR. OFFICE LOCATIONS DATED 9-13-';'
TEN YEAR CALCULATION SPREAD SHEET
MARKET AVERAGE
OFFICE SPACE CALCULATION BASED UPON ~ ,
PRICE PER CAM TOTAL RENTi MONTHLY ANNUAL TOTAL RENT I TOTAL REN
2,500 SF @$18.56SF+ $9.08 CAM =$27.64 SQ.FT PER SQ. FT RENT RENT AFTER 6 YRS i AFTER 10 YRS
WITH 3% ANNUAL INCREASES
1ST YR 3% 2500' $18.56 $9.08 $27.64 $5,758.33 $69,100.00
2ND YR $19.12 $9.08 $28.20 i $5,874.33 $70,492.00
3RD YR $19.69 $9.08 $28.77 $5,993.81 $71,925.76
4TH YR $20.28 $9.08 $29.36 $6,116.88 $73,402.53
5TH YR $20.89 $9.08 $29.97 $6,243.63 $74,923.61
.-..----- ---- .
6TH YR $21.52 $9.08 $30.60 $6,374.19 · $76,490.32. $436,334.22
7TH YR $22.16 $9.08 $31.24 $6,508.67 $78,104.03
$22.83 _.. a_ _..00.. ,
8TH YR $9.08 $31.911 $6,647.18 $79,766.15
. -------------------------..--- 1 _..._"._-_.~~ ~- - ..--. ....-."-------------
9TH YR $23.51 $9.08 ~m_ $325~ $6,789.84 $81,478.13
--~_.._...
10 YR $24.22 $9.08 $33.30 $6,936.79 $83,241.48 $758,924.00
HOLIDAY HOUSE RENTAL RATE SCHEDULE 4% 3456 PRICE PER CAM TOTAL RENT MONTHLY ANNUAL TOTAL RENT TOTAL REN
3,456 SF @ $16.00 SF + $5.76 CAM =$21.76 SQ.FT PER SQ. FT RENT RENT AFTER 6 YRS AFTER 10 YRS
WITH 4% ANNUAL INCREASES
1ST YR $16.00 $5.76 $21.76 $6,266.88 $75,202.56
2ND YR $16.64 $5.76 $22.40 $6,451.20 $77,414.40
3RD YR $17.31 $5.76 $23.07 $6,642.89 $79,714.71
4TH YR $18.00 $5.76 $23.76 $6,842.25 $82,107.04
5TH YR $18.72 $5.76 $24.48 $7,049.59 $84,595.06
6TH YR $19.47 $5.76 $25.23 i $7,265.22 $87,182.60 $486,216.37
7TH YR $20.25 $5.76 $26.01 $7,489.47 $89,873.64
8TH YR $21.05 $5.76 $26.81 ' $7,722.69 $92,672.32
9TH YR $21.90 $5.76 $27.66 $7,965.25 $95,582.95
10TH YR $22.77 $5.76 $28.53 . $8,217.50 $98,610.01 $862,955.30
DIFFERENCE IN RENT IN RENT- HOLIDAY HOUSE VS. OTHER MARKET LOCATION $49,882.15 $104,031.30
$862}955,30
(Pl~ ;,~, P,;. ,-"",,,,,,,,,1.-,,,,,.;.,... f '.i!;,.-l : d:i; +-, I ..-"'. ~! . ,r ':,.,; ~ !'." , ,,,-,,, .. r,o(;"1 i ~ ,'." ,: ,1("':, nt", -.; '~J1 ;-~{ln nn ,~. 'lcq Of)n no
'j" ,
sub !easeing addt'1 space with ample parking, to offset
rental costs while promoting new business opportunitP'i
and activities in the area.
CR.A POrENTIAL NET RENTAL COSTS AVERAGED OVER 10 YR 561,295 PER YEAR! 6 YR$56,036 PER YEAR
$336,216.37 i
$612,955.30
COMPARATIVE ANALYSIS FOR CRA OFFICE LOCATIONS DATE 9-13-10
HOLIDAY HOUSE REVISED LEASE PROPOSAL DATED 9-13-10
SUBJECT: Consideration of Approval of Lease regarding 710 N. Federal Highway, Boynton
Beach, FL. Below is a summary of the revised terms of the Lease:
1. TERM:
2. BASE RENT RATE:
10 YEARS (option to cancel after 6 yrs)
$16.00 SQ. FT.
$1,658.00 CAM ($ 5.76 SQ. FT.)
CAM: YEARLY / MONTHLY
Taxes: $14,103 /$1,175
Insurance: $ 4,000 / $ 333
Maintenance: $1,800 / $150
Total CAM: $19,903/$1,658
$6,266.88/$21.76 PER SQ. FT.
3. MONTHLY RENTAL RATE:
4. ANNUAL RENT INCREASES:
5. SECURITY DEPOSIT:
$40/0
$6,266.88
6. TENANT CONTRIBUTION/INTERIOR BUILD~OUT: CRA Contributes $73,000 toward
interior build-out as per previously executed Letter of Intent, of which the estimated
interior build-out cost to the Landlord is $167,800. LANDLORD will complete all
exterior and interior renovations as per city basic/standard/minimum required
building codes, as outlined in the Letter of Intent previously, executed by all parties.
LANDLORD will apply for and receive any CRA fa~ade/interior build~outfgovernment
grants, and any other applicable economic grants available.
7. EXCLUSIONS:
All signage
Architectural/Professional fees for the
interior build- out. Plans to be provided
to LANDLORD within 15 days of Lease
execution.
8. SUBLEASING:
CRA may sublease any portion and retain
all proceeds.
LEASE AGREEMENT: Terms previously reviewed and negotiated with James Cherof and
Lisa Bright
Palm Beach County Property Appraiser Property Search System
Page 1 of 1
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PTO[:eriy lriformation
location Address: 710 N FEDERAL HWY
M1J!nidpality: BOYNTON BEACH
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Calculate
Portability
Parcel COl"'itrol Number: 08-43-45-22-00-000-7020
l 2010 Proposed ,
Tax Notice ,J
....~,..,....,~~
Reverse Side
Official Records Book: 19994 Page: 373 Sale Date: . Feb-2006 Help
legal Description: 22-45-43, E 150 FT OF W 200 "OF 5 162.5 FT OF NW 1/4 OF SW 1/4
Subdivision:
Owner Information
All Owners
!
Name: BOB KATZ PROPERnES INC.
Mailing Address: 105 E PALMElTO PARK RD
BOCA RATON FL 33432 4818
S2IIes Inforrn21tion
Sale:5 Date Book/Page Price Sale Type Owner
Feb-2006 19994/0373 $1,050,000 WARRANTY DEED BOBKATZ PROPERTIES INC.
[ Exemptions
Exemption Information Unavailable.
Ap~raisals
Tax Year: 2010 P
Improvement Value: 121 53
Land Value: $439 72
Total Market Value: $561,25
Use Code: 2100- RESTAURANT
All values are as of January 1st each year . "
Property Information
Number of Units: 0
*Total Square Feet: 3456
* May indicate living area In
residential properties.
P = Preliminary Values
Tax Year:
Jissessed Vail.l'.'!:
Exemption Amount:
Taxable Value:
Structure ,?eta~i
Tal}l:es
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tie:!!:
2008
$15 96
$117
Tax Calculator
Details
~.__._---'-~--'-_._'_.._"~.""'~~;~.- ~j
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Tax Details
--,..
Owner Name: BOBKATZ PROPERTIES INC
peN Number: 88 U.45-n--.-oao-7020
Total Millage Preliminary Millllge Rate: 22.9048 What is tIIis?
Ad Valorem
Non Ad VaIonNn
I.Bwn!IIQ~-=~m::J=Jl _~~
.SoI~~ Of Pbc .....-.~
Total P....minary Non Ad YIIIoremTaxes: $1,247.62
Total PrellmiTaxes: 03.1
IIOI'E: ...... dick en na_... to VI8It a.e-tIDdIIg ........ .....}If.~
Board
8 Law
Children.S
Debt
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D-
District Hante
Council -
DIstrk:t.
--
Page 1 ofl
Structural Detail
Page I of 1
Owner Name: BOBOTZ PROPERTIES INC
PCN Number: 08-43-45-22-00-000-7020
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING 1 ':;~n.JLmNG 2 i8liJ~LDING :3 IHJILDING 4
Structural Element for Building 1
1. YEAR BUILT
2. RESTAURANT
1968
3456
Subarea and Sq. Footage for Building 1
No. Code Description Sq. footage
1. RESTAURANT 3456
Total Square Footage: 3456
l. ..J?r9:~~~L.~c.
Extra Feature
Description ear Built Units
PAVING-ASPHALT 16322
Unit may represent the perimeter, square footag-e, linear footage, total number or other
measurement of the feature depending,on the feature described.
Detailed Land Informatio
Land Une # Description
1. COMMERCIAL
Acres
0.5579
;~p..~.~eL,J L."....~2!If'l.. . j [.~.!~~L"..L.J
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