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Agenda 06-14-11 ~~flY~Te~lc RA I East Side~West Side~Seas'lde Renaissance CRA Board Meeting Tuesday, June 14,2011 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. Legal: V. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items and Disclosures by Board Members: A. Informational Announcements B. Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items VII. Announcements & Awards: A. 4th of July-Salute to Independence VIII. Consent Agenda: A. Approval of Minutes - CRA Board Meeting May 10, 2011 B. Approval of Period Ended May 31, 2011 Financial Report C. Monthly Purchases Over $10,000 D. Approval of Two Month Extension of Lease for CRA Office at 915 South Federal Highway E. Approval of Interior Build-out Grant to Palm Orthopaedic Institute, Inc. F. Approval of Rent Subsidy Grant to Palm Orthopaedic Institute, Inc. G. Approval of Commercial Fayade Grant to Rainbow Colors, Inc. H. Approval of Interior Build-out Grant to Rainbow Colors, Inc. IX. Pulled Consent Agenda Items: X. Information Only: A. CRA Policing Activity Reports B. Public Comment Log C. Small Business Development Program Student Follow-up D. Press Releases and Media Coverage XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Old Business: A. Consideration of Design and Budget Options for Jones Cottage Tenant B. Consideration of Design and Budget Options for Magnuson House Tenant C. Consideration of Reverting Project Approval to the CRA Board (Tabled April 12,2011) D. Budget Prioritization Discussion E. Consideration of RFP Response for Ocean Breeze West RFQ/RFP F. Promenade DIFA Amendment XIII. New Business: XIV. Executive Director's Report A. Project Status Update XV. Future Agenda Items: A. Renegotiate the Terms/Fees with the Palm Beach County Commission on Ethics B. Consideration of Options for VIP Area at Public Events (Tabled 4/12/11) C. Consideration of Recommending to City Commission the Time Certain Creation of an Independent CRA Board (Per Board direction to be done in Oct.) D. Consideration of Recommending to City Commission the Naming oflndependent CRA Board Members at the Time of Creation of Independent CRA Board (Tabled 4/12/11) E. Consideration of Employment Agreement for Executive Director XVI. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITII 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 VERBA TIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCF UPON WHICH TIlE APPEAL IS TO BE BASED. (F.S. 286.0105) filE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY ro 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 TilE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE eRA TO REASONABLY ACCOMMODATE YOUR REQUEST. eRA BOARD MEETING OF: June 14,2011 I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Announcing 4th of July - Salute to Independence SUMMARY: · Salute to Independence, Monday, July 4, 2011 · FREE EVENT. beginning 6:30 to 9:30 p.m. at Intracoastal Park · A concert with the Amber Leigh Band begins at 6:30 p.m. until 9:00 p.m. · There is a Patriotic Salute scheduled for 7:30 p.m. · At 9 p.m. the world famous "Fireworks by Grucci" will light up the sky · Food and beverage vendors will be on-site · Park and ride the shuttle from Bank of America on the NE comer of E. Ocean A venue and N. Federal Hwy., the shuttle runs from 6:00 p.m. until 10:00 p.m. · No Pets or personal fireworks allowed in the park FISCAL IMPACT: Budgeted in line item 02-58500-480. RECOMMENDATIONS: None .~ Kathy Biscuiti Special Events D T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Fonns by Meeting\FY 2010 - 20] I Board Meetings\06- 14-11 Meeting\4th of July - Salute to Independence.doc THE BOYNTON BEACH eRA PRESENTS ~ ) .. SALUTE TO INDEPENDENCE MONDA'\; JULY 4 FREE EVENT SALUTE TO INDEPENDENCE 6:30 - 9:00 p.m. Live Music by Amber Leigh Band 7:30 p.m. Patriotic S'alute . ) 9:00 p.m. Spectacular Fireworks by INTRACOASTAL PARK Federal Hwy., South of Gateway Blvd. Free Park & Ride from Bank of America, Federal Hwy. & Ocean Ave. Park opens at 6:00 p.m. FOOD & DRINK VENDORS ON SITE ~~ [I:. RY~e~iCRA ill Enr Sioc-Wrst S.d....~,!dr ~I UJ"U. . IIOUTH F'LO~ 111..... COUNTRY ) Tlw 1',!llIIlk.ldl PO~1 ;>J "'l~{ ~l' ,)r,~\' 'J'" MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, MAY 10,2011 AT 6:30 PM IN CITY COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA PRESENT: Jose Rodriguez, Chair Bill Orlove, Vice Chair James "Buck" Buchanan Woodrow Hay Steve Holzman Mark Karageorge Marlene Ross Vivian Brooks, Interim Executive Director James Cherof, Board Attorney I. Call to Order - Chairman Jose Rodriguez Chair Rodriguez called the meeting to order at 6:32 p.m. II. Pledge to the Flag and Invocation Mr. Karageorge gave the invocation followed by the Pledge of Allegiance to the Flag led by Mr. Buchanan. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Legal: There were no legal issues to discuss. V. Agenda Approval/Disclosures: A. Additions, Deletions, Corrections to the Agenda Chair Rodriguez asked the Board members if there was anything to be disclosed. Chair Rodriguez inquired if any member had items to pull from the agenda. Mr. Karageorge pulled Consent Agenda, Item 8, Informational Only, Items A, C and D. Mr. Hay inquired if the new Vice Chair was being announced. Chair Rodriquez indicated it automatically takes place, but Attorney Cherof indicated it was a subject matter for the City Commission, not the CRA. Chair Rodriquez advised in the past, it was automatic Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 not ceremonial, but he acknowledged Vice Chair Orlove was the Vice Chair at the City Commission which typically is transitioned to Vice Chair of the CRA Board. Ms. Brooks indicated she wanted to add to the agenda under Old Business, Consideration of a Budget Amendment for Ruth Jones Cottage in the amount of $23,000 for impact fees to Palm Beach County. This was added as Item H. Chair Rodriquez advised he wanted to pull Consent Agenda, Item D. B. Adoption of Agenda Motion Mr. Karageorge moved to approve the agenda as amended. Vice Chair Grlove seconded it and the motion passed unanimously. VI. Informational Items by Board Members & CRA Attorney: Mr. Buchanan commented that the dinner for the Children's Schoolhouse Museum went well. Ms. Ross added she was also at the dinner and it was a big success, with a $10,000 donation by Harvey Oyer and his family. Mr. Karageorge advised he wanted to remind everyone that on the 19th of this month is the Taste of Boynton. Tickets are available through the Chamber of Commerce online. He added he attended the CRA concert and had the pleasure of attending the final movie of the season, Secretariat. On June 2nd, there will be a ribbon cutting at the St. John Missionary Baptist Church, Pathways to Prosperity. Chair Rodriguez reminded everyone that on 21 st of this month, the painting of the exterior of City Hall would take place. He advised he received a call from a painting company that wanted to help. Frankie's would be providing lunch, some local vendors were helping with supplies, and the Solid Waste Authority would be donating paint. All that was needed was volunteers to help. It would save the City $90,000, which is what it costs the City to repaint the building every three years. VII. Announcements & Awards: A. Ocean Avenue Concert Kathy Biscuitti, Special Events Director announced the last concert would be May 20th and the Ocoee River Band would be playing. Food and drink vendors would be onsite. B. Presentation of New Boynton Harbor Marina Website 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 Margee Walsh, CRA Marketing Director, presented a slideshow of the new marina website that was developed. The reason for the site is threefold. 1) To promote the marina as a natural resource; 2) to drive economic development by promoting the businesses located there; and 3) to highlight all the activities that are there. The tagline is "Your Tropical Port for Fun". The pages are designed so people who visit the website can "click" on certain areas for information and find more detailed, specific things to do. There are also Google map links on businesses located around the area. There are also links to area realtors for people looking to relocate to the area. This website would be linked to the CRA website. Chair Rodriguez inquired if any of the businesses located at the marina had contributed to the website. Ms. Walsh indicated they were doing so just by providing information. The CRA had been in contact with them on a continual basis asking for updated information, rates, and hours among other things. Chair Rodriguez added he felt the CRA was promoting them as a business for multiple organizations and possibly they should contribute to the cost of the website. He further inquired if we asked them to and if they had their own websites. Ms. Brooks answered that some have their own websites and were listed under their contact information, but have not been approached to assist with the cost of the website. This was the CRA's way of helping promote businesses in the marina and also the restaurants and retail along Ocean Avenue and Boynton Beach Boulevard. Chair Rodriguez suggested expanding the links so that when individuals go to a specific category in a shopping plaza, they would be able to see all the businesses in that plaza. Ms. Walsh indicated that was already done and would continue to be updated. Mr. Karageorge inquired of Ms. Walsh about the realtors for residential purposes. He advised there was commercial space both in Ocean Plaza as well as Marina Village and that if we could get those commercial realtors listed, hopefully businesses could contad them through this website as well. Ms. Brooks interjected that those are not listed with commercial brokers as Ocean Plaza is family owned. Most at Marina Village are individually owned and individually marketed. Ms. Walsh indicated that there was currently an opportunity to at least contact someone if rental space was desired. Vice Chair Orlove inquired about the program that was in place, with videos of certain businesses and asked if those were included in the marina area, and if there was a link to those on the marina site. Ms. Walsh indicated the marina businesses that had agreed to be video taped are part of the Google map on the site and they would be under the Ocean Avenue District. Vice Chair Orlove inquired if there was a way to put links on the marina site to those videos. Ms. Walsh indicated the Google videos for the marina businesses are on the marina website and those businesses that had their own websites that would be listed would put the Google video link underneath their website. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 VIII. Consent Agenda: A. Approval of Minutes - CRA Board Meeting March 9,2011 B. Approval of Minutes - CRA Board Meeting April 12, 2011 This item was pulled. C. Approval of Period Ended April 30, 2011 D. Monthly Procurement Purchase Orders This item was pulled. IX. Pulled Consent Agenda Items: B. Approval of Minutes - CRA Board Meeting April 12, 2011 Mr. Karageorge advised he had corrections to the minutes. Page 2 at the bottom, "lastly I invited everyone to come to a benefit, should read luncheon. Page 15 under Public Comment, Anonymous, should read Guam Simms. Page 29 says "Mr. Karageorge indicated an RFP was issued and there are~, should be dates "in there that feU out" should read spell out. Mr. Buchanan advised on page 19, comments made on changing the downtown master concept into downtown master plan, minutes state " and feels a plan that has specificity and philosophy", should read velocity. Motion Mr. Karageorge made a motion to approve the minutes as of April 12. 2011. as amended. Mr. Hay seconded the motion and it passed unanimously D. Monthly Procurement Purchase Orders Chair Rodriguez asked for clarification from the Board and the Executive Director regarding the item "Procurement Purchase Order Report". He did not think these items were applicable. The Commercial Fagade Grant is not a procurement purchase order If the desire was to include everything that was paid, then the title should be changed. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 A. CRA Policing Activity Reports Mr. Karageorge noted that according to the report, the crime rate went down by 18% and he wanted to commend both the CRA Police and the Police Department and wanted to say thank you. Motion Motion to approve made by Vice Chair Orlove and seconded by Mr. Buchanan. Motion passed unanimously. C. CRA Bond Rating Review by Standard & Poor's Mr. Karageorge was glad the bond rating of an "A" was retained. He stated the information raised concerns that the revenues had been going down and the debt service had either been steady or up. It concerned him that it could be an effort to keep the bond rating at an "A" and he wanted to bring it to the Board's attention. Vice Chair Orlove inquired of Ms. Brooks what she thought of the report. She advised she reviewed it and felt it was good. She further advised the debt is going down because no new debt was being taken on. Some debt had just been retired, as it was every year. Mr. Karageorge inquired if she agreed with the revenue aspect of it. She advised she did not feel revenue would continue to go down. She felt it would remain flat for approximately two years and then would begin to climb slowly. Chair Rodriguez indicated the property on North Federal would increase the tax rolls because that property would only be improved. Mr. Karageorge felt that would go on the tax rolls in future years and looking at it over the last couple years, as well as for next year, that was where the concern was, based on the history and where the trend was to that point. Susan Harris, Finance Director, pointed out that as a note of encouragement everyone must remember that this review was done on years with severely declining revenues. If the "A" rating was maintained during those years, that would help the discomfort because it would definitely be better. Ms. Brooks advised that the CRA maintains a debt service reserve and the fact that the debt service reserve is being maintained is partly why there was an "A" rating. Motion Motion made by Mr. Holzman to approve and seconded by Mr. Buchanan. The motion passed unanimously. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 D. Small Business Development Program Student Survey Mr. Karageorge advised that Annette Grey, who was present, did a great job of the five classes in helping people put business development plans together. He indicated he was disappointed in the response to the survey. He added he hoped it would be a greater number considering there were five graduating classes. He added it was a good program and there are people doing business, as well as businesses that expanded as a result of that program Mr. Holzman commented that email blasts were sent out and only six were returned and inquired of Ms. Walsh if the email blasts were followed up with a phone call or was an email blast the only thing relied on which obviously was not successful. Ms. Walsh advised that she did the email blasts with Theresa Utterback, Administrative Services Manager and did not follow up. She advised the email addresses would have to be linked to phone numbers. She would follow up and bring it back to the Board at the next meeting. Motion Ms. Ross moved to accept and was seconded by Mr. Hay. The motion passed unanimously. X. Information Only: A. CRA Policing Activity Reports This item was pulled. B. Public Comment Log C. CRA Bond Rating Review by Standard & Poor's This item was pulled. D. Small Business Development Program Student Survey This item was pulled. E. Presentation of Documentary Video on CRA Small Business Classes Sandra Donhert, 840 NW 1 sl Avenue, advised she was an artist in music and graphic design and she took the business development course. She learned a lot about the many things to consider before starting a business. Her company name is Sandrasonik Creative and was now a member of the Chamber of Commerce. It was very inspiring to 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 see people from all different backgrounds and educational levels getting a sense of closeness to their dream. She advised she wanted to capture that inspiration and created the documentary video about to be presented. (Video presented to Board and audience). XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Jerry Taylor, 1086 SW 26th Avenue, commented that he knows the City works hard to bring people in the downtown area and get business created. He commented that Margy's Restaurant was very popular years ago and when the strip mall was torn down, the restaurant went out of business. Since the Promenade was developed, Margy's reopened. Mr. Taylor advised he went there a few weeks ago and parked in the garage. When he went to go to the exit doors, all three doors were locked. In order to get to the restaurant, a person had to walk to the entrance or the exit of the garage. His opinion was it could potentially be a safety hazard, should there be a fire or emergency and no one could get out. Chair Rodriquez informed Mr. Taylor that this was an item that he felt was on the agenda and would be addressed when they discussed the Promenade. Mr. Taylor disagreed and felt it was a separate issue. He advised they were cited by the City, but he believed they were only cited for the second and third floors. The proprietor of the garage informed the inspectors the doors did not have to be unlocked on the first floor. The proprietor offered access when the lease was signed. His opinion was that businesses would not want to be there if people cannot get there easily. If the City cites, it could be months before they have to react and the problem should be resolved by now. He felt if the City told the proprietor the garage would be closed until the issues were taken care of and then the residents could not get in either, the residents would bring enough pressure so the proprietor would do something immediately. He wanted to bring this matter to the attention of the Board. Chair Rodriguez advised he would have discussion on this issue when they get to the agenda item in which the Promenade is included. Vice Chair Orlove added that he passed this issue on to the Executive Director. Ms. Brooks advised that this was discussed and the fire chief went there. He indicated they were cited to have the doors unlocked and when it was followed up on a week or two later, the doors were not unlocked. In the parking garage, where the public parking is marked, the doors were not unlocked. A person could not gain access and would have to go around. Chair ROdriquez closed Public Audience. XII. Old Business: A. Review of the Promenade DIFA Audit Report €r~~9(2011) 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 Chair Rodriquez requested a motion to remove from table. Motion Mr. Holzman moved to remove from table and Ms. Ross seconded it. The motion passed unanimously. The representatives were present. Staff had reviewed what Boynton Waterways Investment Associates had provided, and they had created the public parking, and the public access per the agreement. They also created the retail space agreed upon per the terms of the DIFA. There is a sticking point with the condominium documents that the attorneys were working out. Mr. Holzman wanted Attorney Cherof to clarify the comment. Attorney Cherof advised the point that Ms. Brooks referred to was an inconsistency between the language and the DIFA, regarding the terms of the public amenities and the language that was in the recorded condominium document. There were three possible cures. The language in the recorded documents could represent a risk to the CRA if the condominium association would be discontinued or dissolved, but the DIFA would still be payable by the CRA to the developer. That was a low risk, but still presented a risk. One option would be for the Board to simply acknowledge that inconsistency and assume the risk. The second would be to require the condominium documents to be amended, which was not the easiest thing to do, and the developer's representative would agree, would be burdensome. The third solution would be to simply reform or amend the DIFA agreement to provide that, in the event the condominium association was dissolved, the CRA's obligation to continue to pay the annual DIFA would cease. Attorney Michael Weiner, on behalf of Boynton Waterways, advised that Attorney Cherof had supplied the three options approximately one day ago and it was appreciated that he was creatively thinking because there was a third option. That option was to actually amend the DIFA so that if the declaration were to end, that would be a breach of the agreement. To give assurances on the perpetual nature of the things that were stated with respect to public access, he advised he was not the only attorney advising them, they do need to consult with the condominium association attorney The existence of that third option and the creative thinking would allow the Board to get over that last hurdle. After discussions with the other attorney, an answer should be returned to Attorney Cherof shortly. Mr. Karageorge inquired of Attorney Weiner to confirm the third option as long as the attorneys agree. Attorney Weiner advised he would need to be counseled on its effect to the remaining documents, but felt it was a creative solution. There were still some that had to read the other foundation documents of this particular organization to ensure 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 they could be amended. With a multi-million project of this size, all the "i's" must be dotted and lit'S" must be crossed. Chair Rodriguez requested that Attorney Cherot provide clarification that it was being amended to fit the agreement. Attorney Cherof advised either the condominium document would be conformed to the DIFA Agreement or the DIFA Agreement would be clarified to indicate if the condominium form of ownership were dissolved, that would trigger the end of the DIFA and the payments to the developer. Chair Rodriguez further inquired it any of that included challenges with the tenants and previous agreements with the shopping center. Attorney Cherot advised there was no connection between the two. The tenants were bound by whatever legal arrangement they had with the developer of the Promenade. Those were not tied to the DIFA agreement. Ms. Brooks advised they only had to create a certain amount of square teet at a certain amount of rent level. There was no other obligation. Mr. Holzman inquired of Attorney Cherof if the funds would be released or held until the agreement was in place. Attorney Cherof advised the recommendation contained in the document was that the release be contingent upon either the recording of an amendment to the declaration or an alternate solution or waiver on the part of the CRA. Mr. Buchanan inquired whether the issue could be voted on or would it need to be tabled. Attorney Cherof advised it could be considered because there were two components of the distribution. One was to accept the annual report which had not been done. It would be timely to act on that after their presentation. The acceptance was contingent upon the presentation. The distribution could also be approved subject to the recording of the appropriate document. Once that occurred, there would be no reason for the matter to come back. Sam Waylan, Boynton Waterways Investment Associates, gave a presentation and gave a brief explanation. Promenade was a brand new condominium that features 318 luxury condominiums and 77 condo hotel suites located within two 14-story towers. The luxury residential condominium is located on the Intercoastal in the Heart of Downtown Boynton Beach. Stunning ocean and intercoastal views and an array of elegant amenities and designer finish, move-in ready residences are what makes it Palm Beach County's value in luxury waterfront living. Promenade also features 20,000 square feet of ground floor retail space, destined for upscale shops and restaurants. Margey's Restaurant had recently opened its doors to the public and looked forward to opening Happy Garden Restaurant in the near future. The condominium is fully furnished, and moving forward with closings underway and residents already enjoying the coveted lifestyle. There are approximately 150 residents, or over 90 families, currently living on site. Sales had been consistent and with a positive response from the market. There was a plan to move up the launch of the sales of the South tower ahead of schedule due to the successful sales season and demand. Starting in January 2011, a very aggressive marketing campaign was initiated that resulted in a huge influx of traffic to 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 the project. Asking prices have been reduced by an average of 40% of the original asking price. The property is continually marketed through advertising venues such as print, online and TV advertising, billboards and direct mail pieces. There was also an incentive program that offered buyers up to $20,000 in savings on a purchase of the unit. Vice Chair Orlove commented that he visited the property and liked what he saw. He inquired how many units were occupied in the North Tower. Mr. Waylan advised there were 56 units occupied in the North Tower out of 154 Mr. Buchanan inquired when Mr. Waylan anticipated the hotel rooms would be available. Mr. Waylan responded the status is continually reviewed and, as everyone knows, the economic environment has not been very conducive to opening new hotels. A couple of different options have been looked at and there had been no decision on a course of action. Motion Mr. Holzman moved to accept the presentation. Mr. Karageorge seconded and Chair Rodriquez opened it up for public comments. Irene Apaslopilous, Manager and Owner of Margey's Restaurant, inquired whether there was confirmation the doors would be unlocked. It was a major concern. If everyone works together, the Promenade could be successful, bringing more businesses there. The way it was set up, she felt the commercial property was an afterthought. Parking and access was the main issue along with convenience and location. She advised she simply needs help getting it all going. She has the customers. the background, the heart and the following She does not want to lose what took twenty years to build. There being no further public comments, Chair Rodriguez closed the public audience. Chair Rodriquez commented that he visited the restaurant and thought it was great, but did encounter the situation where he was told it was a private development and could not use the doors to get to the restaurant. He advised he would have the matter looked into to help the restaurant stay successfuL Mr. Hay would like to see a timeline initiated as he felt this issue needed to be taken care of as quickly as possible. Chair Rodriguez suggested an update by the next Board meeting, if not before. Ms. Brooks also mentioned that the developer indicated he would put a sign up for the restaurant. She would appreciate him also taking care of that as it was part of the agreement. The motion to accept the presentation was passed unanimously. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 Motion Mr. Holzman moved to release funds subject to the agreement by the representative as stated by Attorney Cherof as Option #3 being that after they agree, the document language would be prepared which would then be submitted to the Mayor for signature. When the document had the signatures of both parties, Staff would distribute the money. Mr. Karageorge seconded the motion and it was passed unanimously. E. Approval of Application Process of Pride in Property Program of Heart of Boynton Neighborhood Chair Rodriguez inquired whether this was supposed to be a contest, and Ms. Brooks advised that it was decided that Staff would select the top three homes. Chair Rodriguez wanted to clarify the language in the brochure, stating it appeared that who ever did improvements to their property would receive $250. Mr. Karageorge agreed with offering cash incentives to improve property. It was in the budget for one fiscal quarter. He agreed flyers should be changed to reflect the cash award would be for the top three properties. Chair Rodriguez inquired what the impact of this project would be to the staff and what goals were set to focus on the big projects underway for redevelopment. Ms. Brooks advised it was time consuming, but to save money, a tri-fold would be done in-house, labels would be printed and put on, stapled and mailed. As far as impacting other projects, it would take away from staff time. She would not recommend this as it does not have enough cumulative effect for the amount of time expended. She commented that a few years ago, there was a partnership with a youth group where neighborhood cleanups were done. That had more cumulative impact because they were getting community hours and prizes for cleaning up sections of the neighborhood. Itt did not impact staff time. Mr. Hay inquired how much time would be impacted on staff with this program. Ms. Brooks advised that for one fiscal quarter one person's time would be impacted for a half a day to mail out and get it all together. Initially, the mailing would go to every property owner within the HOB, which was 388 acres including multi-family and commercial, even if it does not apply to their property. Chair Rodriguez commented that $250 multiplied by 8 properties equals the amount of money earmarked for this. An option would be to go into the neighborhood, find the eight worst homes and offer to buy materials up to $250 and tell them to fix the property. Ms. Brooks indicated when the CRA had rehab grants for low income families which required no match, and the neighborhood was blanketed with postcards to apply for the funds, no one applied. She further advised a lot was done before it was decided not to 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 do the program again. Chair Rodriguez commented that there would be some residents that would do some repairs and some that would not so the neighborhood would still have some homes that would look the same and as a result there would be no impact. Ms. Brooks and Mr. Buchanan both suggested channeling the funds to the Youth Empowerment Center for their summer programs and possibly have them participate in clean up programs. Mr. Karageorge agreed with Mr. Buchannan and commented he would like to put the budgeted amount toward the YVPP (Youth Violence Prevention Program) for the summer and have them do neighborhood cleanups for a set amount of hours in the HOB. Chair Rodriquez pointed out If the goal was to clean up the whole neighborhood. Youth Empowerment would work best. Mr. Hay agreed and said the impact on the entire community had to be the goal. With the YVPP, the result would be getting the mentality of the youth involved and that would be a long range impact. Motion Mr. Buchanan moved to channel $2,500 to the Youth Empowerment Center and work out a program with them to participate in neighborhood cleanup. Mr. Hay seconded the motion. Chair Rodriguez opened this up to public comment. James Brake, 710 SW 2ih Terrace expressed that it was a great idea but brought up another idea about having paint teams with donated paint. If the City Hall was going to be painted that way, why not help families fill out the application for getting donated paint and then the City would have their own donated paint team, empowering the youth to be the paint team or multiple paint teams, cleanup teams, and anti-graffiti teams. With the small amount of money budgeted, it creates an ampliphier effect by putting more people back into it. Chair Rodriguez commented he thought the idea was a good one and suggested when it gets turned over to the Youth Empowerment Board that discussion should come up as to how they will activate it Public comments were closed. The motion passed unanimously C. Ocean Avenue Projects and Ocean Breeze West Construction Update Michael Simon, Development Director for CRA, provided an update on the Ocean Avenue projects. In hindsight, he advised he had amended his presentation to include 710 North Federal Highway, for an update. In the future, the tenant build out process would be updated as well In regards to the Ocean Avenue Projects. the Board 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach. FL May 10. 2011 approved moving forward with those projects and going under contract with Kaufman- Lynn Construction Company to accomplish the Ocean Avenue Amphitheater, the Boynton Harbor Marina Entry Feature and the Ruth Jones Cottage relocation/renovation. The Heart of Boynton/Ocean Breeze West project was approved and all the projects together totaled close to $1,428,000. The projects have all started and are moving incredibly smooth. Mr. Simon, in his presentation, pointed out that the Amphitheater project began the first week of April. The fences went up and by the end of the week, demolition started. He explained the Boynton Harbor Marina Entry feature project process. He noted the helical pier system that goes under each of the cement structures are going to be placed on a very unstable and very moist ground. The CRA had to hire a geotechnical engineering firm to verify those depths, the compaction of the helical piers and the structural tensions that are placed on them to satisfy payment to the contractor and ultimately the CRA. He continued to present the cementing and construction process. An issue was discovered with regard to the unstable and extremely wet soils that were visible to the geotechnical engineer, hired by the CRA, to analyze the construction. It was determined that an issue was not taken into consideration as to the severity that the geotechnical engineer and the CRA thought it should be and, as a result, was not initially addressed in the drawings. It was verified by the structural engineer and the design team that the risk of assured future sinking was determined and that the weight and load was not adequately addressed in the drawings stating the helical piers were the most prudent solution. Chair Rodriguez inquired when the geotechnical report was available. Mr. Simon advised the technical report for the tower feature location was available during the drawing of it and was reviewed by the geotechnical firm. For the tower feature, sixteen helical piers had to be implemented. None were recommended or identified by the architect for the ten cement features, the eight columns and the two art pads. Chair Rodriquez further inquired, when it went to permit, if the drawing did not have any supports. Mr. Simon confirmed, no. The architects designing the fence posts features did not take into account the soil to the degree the geotechnical firm felt they should have. The contractor and the foundation company agreed it would take mediation whether that be in prices that were obtained for over digging each individual fence column, the cost of the pumping, additional earth work, or the potential filling of rocks as opposed to the piers. Had these been identified by the hard scape architects and reviewed by the geotechnical firm prior to permitting, that cost would have been included in the original cost of the project. Chair Rodriguez was concerned that the City was asked to come up with another $7,700 and if this was a guaranteed maximum price, this should have been absorbed by the contractor. Mr. Simon reiterated that if it was overlooked by the design firm and was not in the drawings, any other contracting firm would have not included it in their price. Chair Rodriguez stated that any good contractor, knowing that it would be built ten feet 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 from the intercoastal, would have included some sort of costing for potential foundation issues at that site. Anytime something is built close to the intercoastal, there would have to be helical piers. Looking back at the minutes where the other contractor specifically stated that the geotech report was not back, he had already included the pricing regardless of what was returned on that report. This $7,700 should be absorbed by the firm that quoted a guaranteed maximum price and was questioned by the entire Board. Mr. Buchannan commented that there was the option of compaction rather than pilings. Chair Rodriguez pointed out that this discussion was exactly the one the Board had when this vendor was chosen, that the price was underbid and inquired whether it was guaranteed maximum price. The Board was warned this would happen and now it has, so a decision has to be made. Mr. Simon continued his presentation by updating the Board on the Ruth Jones Cottage indicating approval was received and the plans were accepted. Chair Rodriguez inquired once the cottage was removed, what would happen with the empty lot. Ms. Brooks advised it would be mowed and it was purchased as parking for the Old High School. There are no other recommendations for this budget year on what to do with the property. Mr. Simon continued with the presentation and discussed the Ocean Breeze project and explained the progress on the site work and the building aspects of the project. He advised there was a snag in the project in which the contractor, upon receiving his approved plans, got in to do the demolition and began the process of construction of the structure, found there was a tremendous amount of structural disintegration in the foundation and the footer in the rear. The entire back part of the project had to be removed and they had to stop construction and redesign the project to meet the incredible amounts of decay. Chair Rodriguez advised there were a couple of change orders that would need to be approved. He inquired where the $23,000 came from. Mr. Simon advised it was the new item "HI!. The City Building Department generates a final bill for fees encountered during the permitting process of anything being built. On the permit fees for that item, the original application submitted put the costs of the project as it was known, and based the permit fees at the time at submittal. It was not until May 5th that an email was received from the Building Department stating they had calculated the fees and were advised that county impact fees had to be paid which amounted to approximately $22,060. Ms. Brooks advised that the amount was not agreed to and in her experience. the amount is generally wrong. She was going to speak to Mr. Swoope at the County and obtain the correct figure. She further advised no credit was being given for an existing use and believed this was a high number. Mr. Simon interjected that staff and REG Architects had been meeting with the City for over a year on this project and at none of those meetings were impact fees inferred. The argument was that there was an existing structure that had a value of impact fees that had already been paid so there 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 should be a credit. The position argued was that it would be a completely new use and would be removing that location of that existing credit to a place where there is none at all. Chair Rodriquez inquired what the approximate total cost to date spent on the property was, including the purchase price and the projected future cost. Mr. Simon advised to date $265,000 had been spent in acquisition, $340,000 had been projected for construction/relocation and if the impact and permit fees are included, the cost would be at $628,000. Tenant build outs could run another $100-200,000 for 900 square feet. Chair Rodriquez remarked it was shocking to spend that amount of money for that amount of square footage for a building that had no historical value. It could be torn down and rebuilt as a brand new building for less than a third of that price. He felt the Board needed to reconsider and inquire whether the project can be terminated legally. Ms. Brooks advised that the largest cost was because it was going to be a full service restaurant; but that could be changed. Mr. Holzman indicated unless it was a full service restaurant, it would not be successful. Chair Rodriguez inquired of Attorney Cherof if the contract would allow termination of the agreement before the Board discussed options. Attorney Cherof advised he believed the contracts permit the City to get out, but not without cost. Chair Rodriguez asked the Board for consensus to have Attorney Cherof review the contracts to determine if the City could be removed from the redevelopment effort. Mr. Buchanan advised he would be in agreement. Ms. Brooks reminded the Board they may face the same challenges on the Magnuson House and costs involved in that project. Mr. Holzman inquired whether historic preservation grants were investigated for the move and the renovation. Ms. Brooks advised that historic preservation grants are not for a private building. The Board was in agreement to have Attorney Cherof review the contract and also to have a cost analysis done along with some historical perspective. Chair Rodriguez also asked for consensus as to whether to put the project on hold until Attorney Cherof provides the requested information or move forward with the renovation until a decision is made. It was also agreed to have a special meeting to be held before the regular City Commission meeting. Motion Mr. Karageorge moved to approve the report and change orders on the marina entry feature and amphitheater and was seconded by Mr. Hay. There was discussion by Mr. Holzman and he inquired of Attorney Cherof what would happen if the Board decided to not approve the change orders as he believed Kaufman- Lynn was responsible. Attorney Cherof advised discussions would be started up with the construction manager to determine how to dispose of the need to amend the project. It is not simply the approval of the change order which deals with changes in the work; there are also sub elements of it which is the cost of doing it including the 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 construction manager's fee. If it was not approved tonight, the City would pick up the dialogue with them and try to work out an agreement that would come back for approval. Chair Rodriguez commented that Kaufman-Lynn was paid $6,000 to provide pricing for this project to use for the bid process. They are the ones that put it together and then came back with the guaranteed maximum price. Vice Chair Grlove inquired of Attorney Cherof if the change orders could be approved pending discussion with Kaufman-Lynn as to whether or not the Board was liable to pay. Attorney Cherof advised he thought it would be better to table the item to allow for those discussions. This was the first instance that the work did not turn out as anticipated with newly discovered issues. He advised he felt it would be premature to throw down the gauntlet without engaging in some dialogue with Kaufman-Lynn. Over the course of the project, whatever it ends up being and whatever the Board decides, with communication and cooperation, the Board will get there probably cheaper than by drawing a line and standing on the first issue. Attorney Cherof advised that the work would continue on the project whether the item was tabled or not, as the contract states the work would continue even if there was a dispute. If the work did not continue, it could result in additional damages. Motion Vice Chair Grlove amended the motion on the floor to table this matter pending discussions by the Attorney and Executive Director with Kaufman-Lynn. The motion was seconded by Mr. Holzman. Mr. Karageorge inquired of Mr. Simon and Attorney Cherof if the A&E firm that did the plans, would they be subject to part of the cost, since they did not put it in the plan. Attorney Cherof advised he did not think this was a forum in which to discuss this issue when the first objective would be to communicate with them and see what could be worked out. There was no public comment and the motion passed 4-3 (Messrs. Hay, Buchannan, Karageorge dissenting). Chair Rodriguez advised since the topic was being discussed, the Board would discuss Item H, Ruth Jones Cottage. Mr. Simon inquired of Attorney Cherof if the builder should be alerted to stop any expense on the Ruth Jones Cottage until the Board had made a decision. The more work they continue to do, the more cost would have to be reimbursed if, in fact, it was decided not to move forward with the project. He advised that the mover of the house is attempting to locate himself in Boynton Beach to begin the preliminary site work of moving the house. It was not a time issue; it was an expense issue with mobilization 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 and mare expense that wauld patentially have ta be reimbursed. Chair Radriguez advised there was financial data that wauld be pravided ta the Baard at the Special Meeting an Tuesday, which wauld decide the fate .of the Ruth Janes Cattage. The questian at hand was shauld the wark be stapped far twa days until the Baard makes a decisian. Vice Chair Orlave reiterated Mr. Siman's paint that costs might still be incurred if the project was stapped. Chair Radriguez felt the wark shauld be stapped until a decisian is made. Vice Chair Orlave indicated he wauld nat agree. There had been lang discussians abaut this praject and a value has ta be placed an the histaric value .of the praject. He expressed he wauld nat be in favar .of maving farward with stapping the praject. There was further discussian amang Baard members abaut whether the wark shauld be cantinued until a decisian was made by the Baard. The consensus amang the members was ta mave farward with the project. Motion Mr. Halzman made a matian ta table Item H until the Special Meeting an Tuesday and was secanded by Ms. Rass. The matian passed unanimausly. D. Update an Request fram Palm Beach Caunty far Repayment .of Develapment Re~ions Grant Funds far Delray-Bayntan Academy in the Amaunt .of $50,000 (T8~f\lIarcn,9".'2()11') Attarney Cheraf wished ta discuss this item and Item E tagether but advised he did nat want ta remave fram the table. He advised dialague had been started with the representatives at the Caunty ta deal with their letter claim far $50,000 far reimbursement far the Delray-Bayntan Academy and $50,000 far the KU Haldings. In the first meeting, gaad pragress was made with respect ta the Delray-Bayntan Academy and less progress an the KU Haldings. There was nathing ta repart and Attarney Cherof requested this be stricken fram the agenda until a repart was ready ta be returned ta the Baard. F. Update an Request from Palm Beach Caunty far Repayment .of Develapment Regians Grand Funds far KU Haldings in the Amaunt .of $50,000 (TEib1~ NlardlS.,!011' Motion Ms. Rass maved ta strike Items D and E fram the agenda. Mr. Halzman secanded it and it passed unanimausly. G. Cansideratian .of Adding Canflict Disclasure by Baard Members ta CRA Baard Agendas 17 Meeting Minutes Commu nity Redevelopment Agency Board Boynton Beach, FL May 10, 2011 Attorney Cheraf advised the agenda cover sheet on this item, dealt with the section of the agenda the Board currently already had; A - Informational Announcements, and C & D are legal requirements, whether they are spelled out that way or not. The suggestion had been by listing them in that manner, the concept of announcing voting conflicts and filing disclosure forms would always be fresh because as the agenda was reviewed, the Board would be prepared to do that. Item B was the subject matter that started the discussion at the last Board meeting, regarding the extent to which the disclosures should be made. This would be other than pure voting conflicts under State Statute. Mr. Holzman inquired if a member had a conflict, there was a legal obligation to step off, so was this simply adding a form to that legal requirement that was already in place? Attorney Cherof explained that Item B was an expanded suggestion about the responsibilities for disclosing contacts with lobbyists or applicants. Mr. Holzman indicated there was already a lobbying Ordinance in the City and that Ordinance could be used to require lobbyists to register with the City. Attorney Cherof advised the Lobbyist Registration Ordinance would be back to the City Commission to examine in detail with some idea for modification, particularly to match up with what the County regulations are or will be. Mr. Buchannan added he felt this issue had nothing to do with requirements for lobbyist registration; it was simply disclosure by Board members if they had contacts with lobbyists, applicants, or proposers and felt this was something that needed to be implemented. Chair Rodriguez inquired what if there were those who were not registered lobbyists but were proposing for others, how would that be handled and also inquired whether Item B was a requirement of the Board anywhere. Attorney Cherof advised it would not apply to the CRA. There was further discussion on the issue and as to when to disclose items that come before the Board that are on the agenda. Motion Vice Chair Orlove made a motion to move forward as proposed which was seconded by Mr. Karageorge. Chair Rodriguez informed Ms. Brooks that he had asked for definitions of the agenda items so it would be apparent what to disclose. She advised she provided them via email. Chair Rodriguez felt it was important that before this issue was approved, there should be definitions tied to the item so it would be clear as to what was being approved. Ms. Brooks explained the agenda and how definitions were provided. It was decided to adjust Item B on the agenda to say disclosure of contacts with lobbyists, applicants and proposers to the current agenda and asked to move forward with the motion. Chair Rodriguez advised he would not be in favor without definitions. Motion Vice Chair Orlove restated his motion to include Item VI, B and is clarified only for items regarding the current agenda. It was seconded by Mr. Karageorge. The motion was passed 6-1 (Mr Holzman dissenting). ]8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 H. Consideration of Employment Agreement for Executive Director Chair Rodriguez inquired if the Board members had an opportunity to read the agreement. Mr. Buchannan inquired under termination it stated "needs a supermajority vote for severance pay". What would the super majority be? Attorney Cherof stated six. Mr. Buchannan also inquired if a termination would also take a super majority. Attorney Cherof stated the way the agreement was drafted, it only would apply to the severance package. Vice Chair Orlove had a question regarding the vacation and sick time and advised he did not understand what she had now and what the staff had and wondered if she should have more or the same. He felt it was not made clear. Attorney Cherof indicated the sick and vacation hours would be the sick and vacation hours accrued at that point, without having to start over with accrued time. Susan Harris advised that currently the Executive Director would get the same amount of time as staff. Staff can accrue up to 320 hours of vacation time and up to 480 hours of sick time as a cumulative total. Any amount over those limits would be lost. Vice Chair Orlove inquired if this was different than the prior Executive Director's agreement. Attorney Cherof advised the starting point was not to make any reference to the former Executive Director's contract, as there was so much criticism of its form and content. Ms. Ross inquired about the travel and subsequent expenses. The agreement made reference to one national convention. Ms. Brooks advised one conference could be chosen. Ms. Ross also questioned what was meant by the "International Council of Shopping Centers Historic Trust" I and it was determined that was an error. Mr. Karageorge inquired as to the item under "Duties" 1.3". He requested the wording be changed from "as the Board of Commissioners of the CRA" I to delete the word Commissioners. Chair Rodriquez indicated the word "Commissioners" was being used as a general term and that was confirmed by Attorney Cherof. Mr. Karageorge further stated he felt the termination language appeared too "punitive" as far as the super majority reference. Attorney Cherof explained that during the Legislative Session there was a bill pending that would have eliminated severance pay for any public employee but there was a provision that provided an exception to it, if there was a governing body policy and it provided for a super majority vote and that language was borrowed for the drafting of the agreement. Motion A motion was made by Mr. Holzman to approve the contract in its state and seconded by Ms. Ross. Vice Chair Grlove commented it appeared that Ms. Brooks would be the same as a staff person, except it is in writing. The contract outlined that she would be staff and does not give anything more. Ms. Brooks advised that she had not spoken during any of the discussion nor is she in agreement with all of the terms. Chair Rodriguez commented 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 that what distinguished her from staff is that there is a contract and her salary would distinguish her from the rest. Her reporting structure had her as head of the CRA. Ms. Brooks advised under the terms of her contract, she would prefer to remain as is. The terms of the contract are not beneficial to her in her opinion. She advised it was limited as to vacation, as it could not be accrued. She was limited to how much could be taken at one time. In addition, some percentage of the insurance would be out of pocket. It is not consistent with the HR Policies with other staff among other things. Chair Rodriguez reminded the Board that Ms. Brooks had an attorney working on her behalf. Attorney Cherof commented on Section 5 of the insurance issue, it does not provide for any percentage, it is a blank. Any number could be filled in at a later time if it is determined an employee should pay a proportionate share of a premium. For clarification, Chair Rodriguez restated the motion to be that if the Board approves the contract in its present state, Ms. Brooks would then take it to her attorney and they would come back to the Board and either agree or have points of revisions. Vice Chair Orlove suggested possibly tabling the matter, but it was determined the contract had to be approved first with its terms and conditions. The motion passed 6-1 (Vice Chair Or/ove dissenting). I. Ruth Jones Cottage This item was previously discussed. Motion XIII. New Business: A. Preliminary FY 11/12 Budget Discussion and Staff Recommendations Ms. Brooks indicated the need to begin to figure out, as a Board, what needs to be accomplished. She advised she wanted to have a policy discussion, rather than a project and program discussion, but she added she felt it would be beneficial for the Board to hear staff's ideas on how the redevelopment of the downtown area could be continued. Because of lean times and because the CRA is on a path of redevelopment, the focus needed to be razor sharp and take the finite resources available and use them in the most responsible and effective manner. Ms. Brooks indicated she would recommend changes that may not be popular. The TIF revenue will continue to go down, the projected drop is approximately 3%. The preliminary estimate was $6.5 million in TIF, about 60% of that is from the City, 40% is from the County. No change in millage was estimated yet. Other sources of CRA revenue are fund balances which are unused funds, the marina revenue, which was not from rents but from fuels. Approximately $850,000 comes from fuels and the balance was rental income Tenants 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 receive a discount of .20 per gallon for fuel. Ms. Brooks further stated there would be a very aggressive fundraising effort for events, along with a very aggressive special events slate. The operating expenses would be dropped again for the third year in a row, starting with the salary line item or payroll expense. Payroll expense dropped last year and then were dropped 15% from last year to this year. Of all the different line items, CRA operates three funds; the general fund which is operating expenses, the project fund which is the capital projects and programs and the debt fund, which is what the debt service is done through. Overall, operating expenses were reduced by 3%. Ms. Brooks advised one of the things not in this year's budget was any retirement benefits. The City has a pension system, the CRA does not. Susan Harris explained that CRA had a two-fold system. One was the 457 match, where if an employee saved money, the CRA would contribute up to 5% of the salary in each year. The other system was non-contributory in nature. The CRA contributed 5.2% to every employee's salary to their retirement fund each year. The two of those together for the upcoming fiscal year would be $60,000 in total if the board decided to reinstate that program. Vice Chair Orlove inquired of Ms. Harris what were the benefits funded for and Ms. Harris approximated it to be $70,000. The benefits also included dental, vision, and life insurance, which was the difference between the listed $70,000 and $132,000. The $60,000 would be for the retirements benefit only; the balance would be what was anticipated as increases for medical, dental, vision and life. Chair Rodriguez reminded the Board this was not the time to review budget. The understanding was for policy direction. Chair Rodriguez inquired of Ms. Brooks what was she looking for as far as policy direction. Ms. Brooks asked for clarification if the Board wanted that added back in or not. She further stated basically after the debt service is paid out, with the DIFA next year for the Promenade, the Wal-mart Brownfield payment, the Palm Beach County Grants Refund, the CRA would have an estimated project program revenue of $1.1 million. She inquired to the Board what would they want to do with that money. Chair Rodriguez advised Ms. Brooks should be the one making the recommendations on what projects should be funded next year. Vice Chair Orlove made a suggestion of adding art along Ocean Avenue but also noted there are no places for people to sit for the bus on Federal Highway. When the Art Board made a presentation, there was some discussion and visuals on some creative ways of doing transportation seating. He would like to pursue investigating what it would take to get that started. He also stated he would like to have an incentive program for residents to use merchants within the CRA. Chair Rodriguez suggested that if any Board member had recommendations of things they would like to see done in the CRA district, to email Ms. Brooks and then she could bring them forward to the budget hearings. There was discussion on when the CRA budget hearings should take place and the recommendation was to hold them after the City budget hearings. Vice Chair suggested putting this on the June agenda. Chair Rodriguez asked for consensus from the Board for a date certain that the ideas would be given to the Executive Director so 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 she had ample time to put together the numbers associated with it. The consensus was to have ideas to Ms. Brooks by May 20th. B. Discussion of Possible Dates for Ribbon Cuttings for Marina Entry Feature and Amphitheatre Margee Walsh advised the challenge was to get all the Board members together for these events, different dates are being proposed. The CRA felt having these on a Saturday would bring more citizens out. A later date in July for the marina and amphitheater were suggested. A suggestion of July 23 was made. Vice Chair Orlove suggested doing this in August due to vacation and school. Ms. Brooks asked the Board to email the top three date choices and the majority will prevail. XIV. Interim Executive Director's Report A. Project Status Update There were no items to discuss. XV. Future Agenda Items: A. Consideration of Recommending to City Commission of Reinstating Project Approval of Development Projects within CRA from P & 0 to CRA Board (T".12l11) B. Renegotiate the Terms with the Palm Beach County Commission on Ethics C. Consideration of Recommending to City Commission the Naming of Independent CRA Board Members at the Time of Creation of Independent CRA Board (T~'4f1'2111) XVI. Adjournment There being no further business to discuss, the meeting properly adjourned at 9:51 p.m. C tLJ (~~2GU2 e~ Ellie Caruso Recording Secretary 22 1~~<tY~Te~ C III East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 14. 2011 I X I Consent Agenda I Old Business New Business Public Hearing Other I SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending May 31, 2011. FISCAL IMP ACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve May financials. ~~ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\06-14-11 Meeting\Financial Report.doc o W E-< H ~ 5 ~E-<~ UP=:O ON p., a~E-< 0<( Ul ~~: ZE-<o<( OH:<: ~~ op.,r>.. 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[3 H Dl~ ~ q ~W wU ~~ U-:: ZP'l W 13 q W ...:lP: ~~ g6 U Z W W ;;:W qU ~~ '-:: ~P'l W :>< ~~ ~~ ZH Ob :;:~ qf-< WW ~" w[3 ~Dl ~f-< ZW Ht9 8[3 P:Dl o ~ b W Ul ~~ f<< , ~~ uo W t-:JP: ow P:[L, P, Ul 'z j H ~ W P, X W Ul W Ul P " Z H U ~ H f<< P: ~ ~ Z W ~ ~ lJ1 lJ1 a a N lJ1 a \0 \0 \0 \0 00 \0 a t'- '" 00 00 <t< rl t'- \0 rl N rl lJ1 rl lJ1 rl N C') <t< '" a '" N C') <t< <t< a <t< d rl '" rl '" a \0 a 00 <f' M lJ1 lJ1 M lJ1 \0 M N c, C') N C') <t< <t< 00 <t< <t< 00 00 <t< rl 00 <t< rl lJ1 a rl a '" 00 C <t< C') (J', 00 a N lJ1 '" Ul W ~ H ~ W P, X W (J) W !3 b H ~ W P, X W P: W ~ --- P: ~ o ~ ~ ~ , ~ . East Side-West Side-Seas.lde Renaissance eRA BOARD MEETING OF: June 14, 2011 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for May 2011 . FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDA TIONS: Approve the purchase order report. ~;j~ Susan Harris, Finance Director T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board MeetingsI06-14-11 Meeting\Purchases Less Than $25.000.doc Boynton Beach eRA Purchase Order Report Month: May 2011 ] Vendor Amount Funding Source Description Gentle Dental Group $ 15,000 Project Fund 02-58400-440 Commercial Fayade Grant 710 Boynton Partners $ 15,000 Project Fund 02-58400-440 Commercial Fayade Grant - 416 Boynton LLC $ 15,000 Project Fund 02-58400-440 Commercial Fac;:ade Grant --..-- ~ T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\06-14-11 Meeting\Monthly Purchase Order Report - May 2011 1!~~<tY~T8~ C . East Side-West Side-Seaside Rena.lssance eRA BOARD MEETING OF: June 14, 2011 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: 915 S. Federal Highway- Lease Extension SUMMARY: . Current Office - the lease agreement for 915 S. Federal Highway terminates on July 31, 2011 (attached). . New Office - the landlord has communicated via email a revised estimated completion date of August 31, 2001 (see email). The landlord has also stated that it will be a few weeks before a firm completion date is known. . The Lease Agreement for 915 S. Federal Highway allows for month-to-month ("tenancy at will") after the expiration ofthe Lease Agreement (see Article XIII - Miscellaneous, Section 2. Holding Over). · The current landlord has agreed to a ''tenancy at will" for the CRA until the new building is completed. · To allow for the revised construction schedule at the new office, it is recommended that the CRA Board approve the ''tenancy at will" with the current landlord for a period of two months or until September 30, 2011. FISCAL IMPACT: $ 7,400.00 representing two months rent ($3,700.00 per month) budgeted in General Fund 01-51620-205 CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Approve the ''tenancy at will" with the current landlord for a period of two months or until September 30, 2011. <-/~ v~n rooks, Executive Director-..- T:IAGENDAS. CONSENT AGENDAS. MONTHLY REPORTSICompleted Agenda nem Request Forms by MeetinglFY 2010 - 2011 Board Meetings\06-14-11 MeetinglLease Extension - 915 S. Federal Highway.doc Page I of AMENDMENT TO COMMERCIAL LEASE AGREEMENT THIS AMENDMENT to the Lease Agreement dated June 17,2010, is made and cntcred into this 3:.r day of I?e. L.. ,2010, by and between Sundowncr Motor Inn, LLC ("Landlord") and the Boynton Beach Community Redevelopment Agency a public agency created pursuant to Chapter ] 63, Part Ill, of the Florida Statutes, Its agents, servants, employees, or contractors, ("Tenant"), for the property ] ocated at 915 South Federal Highway, Boynton Beach, Florida 33435 Article III-Lease Term of the original Lease Agreement is hereby amended, extending the termination date to July 31,2011. All other terms and conditions of the Commercial Lease Agreement dated June 17, 20] 0 shall stay in full force and effect IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Commercial Lease Agreement on the day and year first above written or have caused this Amendment to be executed by their respective officers thereunto duly authorized, Signed, sealed and delivered in the presence of: WITNESS: ~ Mt-l:~ ~~\,\S~ P~ed Name ..-.:----../ /r c- Si ature Signature VLv I~ Vl13 ffi> k~ --rA'~--- S 1 ature u~~ Sundowner Motor Inn, LLC Craig Pfeifer, Managing Member Date Executed: l L \ '-'~ \ ~o ~~--"-_. Date Executed: Id- - (}J!J - /0 FB1E1WfDJ . /~TW.'" '" ,--,^rre--> G~~LJe' I'l "; '" r.awn, ,~.~ -.,. T:\Contracts - Leases\Sundowner Motor Inn-L~e for 915 South Federal Highway\Amendmcnl to COMMERCIAL LEASE AGREEMENT 915 S Federal HW 12.2010.doc Page 1 of2 Harris, Susan From: Utterback, Theresa Sent: Thursday, May 19, 20112:19 PM To: 'Arthur d'Almeida' Cc: Brooks, Vivian; Simon, Michael; Harris, Susan Subject: RE: 710-approx. move in date Attachments: oledata.mso; image001.emz Thank you Mr. D'Ameida. Theresa Utterback Administrative Services Manager Boynton Beach eRA 915 South Federal Highway Boynton Beach, FL 33435 P: 561-737-3256 ext. 216 F: 561-737-3258 utterbackt@bbfl.us Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i-nigma.mobi From: Arthur d'Almeida [mailto:dalmeidalaw@gmail.com] Sent: Thursday, May 19, 20111:12 PM To: Utterback, Theresa Cc: poleraa@aol.com; Brooks, Vivian; Simon, Michael Subject: Re: 710-approx. move in date Hello Theresa, I spoke with Tony after he heard from his suppliers/contractors. He is comfortable with a completion date by Aug. 31,2011. I'm not sure how much time you need for moving. Obviously, we will know more in the next few weeks. Tony indicated that he will push to get the project complete as soon as he can. I'll keep you posted. Best regards, Arthur On Mon, May 16,2011 at 10:25 AM, Utterback, Theresa <UtterbackT@bbfl.us> wrote: Hello Mr. D'A1meida and Mr. Polera: 5/31/2011 .d I need to let our current landlord know approx. when we will be movinq Do you have an idea of when we will be in the new building') Please let me know at your earliest convenience. Thank you, Theresa Utterback Administrative Services Manager Boynton Beach eRA 915 South Federal Highway Boynton Beach, FL 33435 P: 561-737-3256 ext. 216 F: 561-737-3258 utterbackt@bbfl.us Scan this QR Barcode with your phone and learn more about all the grants available through the eRA (Jet FRU barcode scallllll1g software at: www.I-lllgma.mob, Arthur B. D'Almeida P.A. 105 East Palmetto Park Road Boca Raton, FI 33432 Tel: (561) 368-4674 Fax: (561) 362-8512 DalmeidaLaw(cV,gmai 1. com. This e-mail message from Arthur B. D'Almeida, P.A. is intended only for the individual or entity to which it is addressed. This e-mail may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this e-mail by accident, please notify the sender immediately and destroy this e-mail and all copies of it. "n 1 /')()11 Page 10f6 COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this {1 day of T~ 2010, by and between Sundowner Motor Inn, LlC (hereinafter referred to as "landlord") and the Boynton Beach Community Redevelopment Agency a public agency created pursuant to Chapter 163, Part Ill, of the Florida Statutes, Its agents, servants, employees, or contractors,(hereinafter referred to as "Tenant"}, for the property located at 915 South Federal Highway, Boynton Beach, Florida 33435. ARTICLE I - G RANT OR LEASE landlord, in consideration of Three Thousand and Seven Hundred Dollars ($3,700.00) per month (receipt of which is hereby acknowledged) and the covenants and agreements to be performed and observed by the Tenant, does hereby ease to the tenant and the tenant does hereby lease and take from landlord the property located at 915 South Federal Highway, Boynton Beach, Florida (the "leased Premises"), together with, as part of the parcel, all improvements located thereon. ARTICLE II - DEPOSIT landlord acknowledges receipt of a fully-refundable security deposit in the amount of Four Thousand Dollars ($4,000.00). landlord agrees to refund to Tenant the security deposit plus three (3) percent interest at the end of the lease term. However, if the Tenant terminates the lease prior to the agree- upon term as stated herein, Tenant will forfeit the depOSit amount in its entirety unless an agreed-upon refund amount can be negotiated between landlord and Tenant. ARTICLE 111- LEASE TERM The term of this lease shall begin on the 1st of July, 2010, and shall terminate on January, 31,2011, unless otherwise extended in writing by both parties at least 30 days prior to termination date. Tenant shall have the option of renewing for one-year terms with the consent of landlord. ARTICLE IV - RENT Rent payme!lt shall be due and payable to landlord and checks shall be made out to Sundowner Motor Inn, lLC and delivered to landlord on the tenth of each month, thereafter, unless the tenth falls on a Saturday or Sunday or holiday, and in the event, rent would be due the next busness day Immediately following. Rent payment shall be mailed, delivered by overnight delivery, wired or hand delivered to landlord at address set forth below. A late fee of $100 shall be applied to any rent payments which are five (5) business days late or more. Page 2 of6 ARTICLE V - IMPROVEMENTS AND FURNITURE Landlord hereby grants Tenant the unrestricted right to constlUct improvements within the Leased Premises so long as Tenant informs Landlord in writing (via electl'Onic correspondence or letter) pl'ior to such improvements taking place. Any and all furniture remaining on the Leased Premises upon the beginning of the Term of this Lease shall become the pl'Operly of the Tenant. ARTICLE VI - UTILITIES Tenant shall pay for all water, sanitation, sewer, electricity, light, heat. gas. power. fuel, janitorial, internet and othel' services incident to Tenant's use of the Leased Premises, whether or not the cost thereof be a charge or imposition against the Leased Premises. Landlord shall pay for extel1nination services. ARTICLE VII- OBLIGATIONS FOR REPAIRS Landlord shall make any and all necessary repairs, the value of which exceeds Seventy- Five Dollars ($75.00), to any pOltion of the Leased Premises upon notice from Tenant. Repairs that concern health and safety issues shall be completed within five (5) business days of notice of such need for repair. Non-essential repairs shall be completed within foul1een (14) business days. ARTICLE VIII - TENANT'S COVENANTS Tenant covenants and agrees as follows: a. To procure any licenses and pClmits required for any use made of the Leased Premises by Tenant, and upon the expiration 01' termination of this Lease, to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to Landlord the Leased Premises in good order, repair and condition in all respects; excepting only stmctu1'8lrepairs (unless Tenant is obligated to make such repairs hereunder) and reasonable wear and tear; b. To pe11nit Landlord and its agents to examine the Leased Premises at reasonable times and to provide Land lord, if not already available, with a set of keys for the purpose of said examination, provided that Landlord shall not thereby unreasonably interfere with the conduct of Tenant's business; c. To maintain the Leased premises in safe condition and repair and at its sole cost and expense, correct or remove any matter that would violate applicable law Ol' constitute a dangerous 01' objectionable condition. ARTICLE IX - INDEMNITY BY TENANT Except for the limits of liability set forth in Section 768.28, Florida Stanltes, the Tenant shall save Landlord harmless and indemnify Landlord from all injury, loss, claims, T:\OPERA T10NS\Office Information - l.ease Contrlltl\COMMERCIAL LEASE AGREEMENT 91 S S. FederAl HW 4.2009.doc Page 30f6 aedo1ls or damage to any person or property while on the Leased Premises and any related expense, including attorney's fees, unless caused by the willful acts or omissions or gross negligence ofLandlol'd, its employees. agents,licensees or contractors. Tenant shall maintain, with respect to the Leased Premises, comprehensive general liability insurance with limits of not less than one million dollars for injury or death from one accident and $500,000.00 property damage insurance, insuring Landlord and Tenant against injury to persons 01' damage to property on or about the Leased Premises. A copy oCthe policy or a certificate of insurance shall be delivered to Landlord on or before the commencement date and no such policy shall be cancelable without ten (10) days prior written notice to Landlord, ARTICLE X- USE OF PROPERTY BY TENANT The Leased Premises may be occupied and used by Tenant ex.clusively as an office for the Boynton Beach Community Redevelopment Agency and those uses incidental thereto, Nothing herein shaH give Tenant the right to use the pl'ope11y for any other purpose 01' to sublease, assign, 01' license the use of the propelty to any sub-Tenant, assignee, or Hcensee. which or who shall use the propelty for any other use, ARTICLE XI - DEFAULT In the event that Tenant shall be in default of this Lease, Landlord may pursue all remedies available at law or equity. In the event of default by Landlord, Tenant may telnlinate this Lease or seek specific performance or pursue alll'emedies available at law 01' equity. ARTICLE XII - HAZARDOUS MATERIALS Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, 01' as those tenns are understood in common usage, are specifically prohibited, The use of petroleum products. pollutants, and other hazardous materials on the property is prohibited. Tenant shall be held responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the Landlord, within the property. If any contamination either spread to 01' was released onto adjoining property as a result of Tenant's use of the property, the Tenant shall be held similarly l'esponsible, The Tenant shall indemnify, defend, and hold harmless the Landlord from any claim, loss, damage, costs. charge, or expense al'ising out of any such contamination. ARTICLE XIII · MISCELLANEOUS Section 1. Quiet Enjoyment. Landlord covenants and agrees that upon Tenant observing and perfonning all of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder, that Tenant may peaceably and quietly have, hold, T:\OPERATIONS\Officelnformalioll.leaseContraot\COMMERCIAL LEASE AGREEMENT91S S. Federal HW 4.2009.doc Page 4 of6 occupy and enjoy the Leased Premises in accordance with the telms of this Lease without hindrance or molestation from Landlord or any persons lawfully claiming tlu'ough Landlord. Section 2. Holding Over. In the event that Tenant or anyone claiming under Tenant shall continue occupancy of the Leased Premises after the expiration of the term of this Lease or any renewal or extension thereof without any agreement in writing between Landlord and Tenant with respect thereto, such occupancy shall not be deemed to extend or renew the term afthe Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the covenants, provisions and conditions herein contained. The nmtal shall be the rental in effect during the term of this Lease as extended or renewed, prorated and payable for the period of such occupancy. Section 3. Waivel's. Failure of either patty to complain of any act or omission 011 the pat1 of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said palty of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other provision of tbis Lease or a consent to any subsequellt breach of the same or any other provision. Section 4, Notices. All notices and other communications authorized or required hereunder shall be in writing and shall be given by mailing the same by celtified mail, return receipt requested, postage prepaid, and any such notice 01' other communication shall be deemed to have been given when received by the party to whom such notice 01' other cOlnmunication shall be addressed. If sent to the CRA, notices shall be addressed to: Lisa Bright, Executive Director Boynton Beach CRA 915 South Fedel'al Highway Boynton Beach, Florida 33435 BdghtL@ci.boynton-beach.t1.us With a copy to: J anles Cherof Ooren, Cherof, Doody & Ezrol, P A 3099 East Commercial Blvd. Suite 200 FOlt Lauderdale, FL 33308 T:\OPERA T10NS\Offi" Informalion . Lease Contr/ltt\COMMERCIAL LEASE AGREEMENT 91 S S, FCileral HW 4.2009.doc PageS of 6 If sent to the Landlord notices shall be sent to: Craig Pfeifer Sundownel' Motor Inn, LLC 1112 Westwicke Lane Lutherville, Maryland 21093 cwp@mdscreel1.com Seetlon 5. Assignment. Tenant shall not assign this Lease without first obtaining the written consent of the Landlord. Section 6. Invalidity of Particular Provision. If any term or provision of this Lease or the application hereof to any person 01' circumstance shall, to any extent, be held invalid or unenfo1'ceable, the 1'emaindel' of this Lease, or the application of such telm or provision to persons or circumstances othel' than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 7. Captions and Definitions of Parties. The captions of the Sections of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease, The word IILandlordll and the pronouns referring thereto, shall mean, where the context so admits 01' requires, the persons, fiun or corporation named herein as Landlord or the mortgagee in possession at any time, of the land and building comprising the Leased Premises. Any pronoun shan be read in the singular 01' plural and in such gender as the context may require. Except as in this Lease otherwise provided, the terms and provisions ofthis Lease shall be binding upon Bnd inm'e to the benefit of the plUties hereto and their respective successors and assigns. Nothing contained he1'ein shall be deemed 01' construed by the parties he1'cto nor by any third party as creating the relationship of principal and agent 01' of pai.tnership or of a joint venture between the parties hereto, it being understood arid agreed that neither allY provision contained herein, nor any acts of the patties hereto. shall be deemed to create any relationship between the pm1ies hereto other than the relationship of Landlord and Tenant. Section 8. Brokerage. No party has acted as, by or through a brokeI' in the effectuation of this Agt'eemellt. Section 9. Entire Agreement. This instrument contains the entire and only agreement between the parties, and no oral statements or representations or pdOl' wl'itten matter not contained in this instrument shall have any force and effect This Lease shall not be modified in any way except by a writing executed by both pa11ies. Section 10, Waste. Tenant shall occupy the leased premises in a careful and proper manner and not commit any waste thel'Con. T:\OPERATIONS\Office Infomlllion - Lease Conll'8Cl\COMMERCIAI., LEASE AGREEMENT 915 S. Federal H\V 4.2009.doc Page 6 of 6 SECTION 11. Governing law. All matters pertaining to this Lease (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Florida, The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Palm Beach County, State of Florida. In the event that litigation results from or arises out of this lease or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees ,Court costs and all other expenses, whether or not taxable by the court s costs, in addition to any other relief to which the prevailing party may be entitled, In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. IN WITNESS WHEREOF, the parties hereto have executed this lease the day and year first above written or have caused this lease to be executed by their respective officers thereunto duly authorized. Signed, sealed and delivered in the presence of: ~ 1\ I .- II~U(1'1C,: ,"'-RJ ^JM~l,(j\ Printed Name /~7 /~--... ~'?",,~--- r------ (NY.. LO~~~..C~--'- - /~ ~ Sundowner Motor Inn, LlC Craig Pfeifer, Managing Member ~~ Ilk- I Ut/\. Printed Name '4 Signature WITNESS TE A}'JT / .. . Cc cL r3-1' . G.)(ec.-ut-1V-€ 1)( Printed Na~J III A A Ii u eRA . Sign.ture0/1lPJU~ ~Date E,ecuted, '1 I 0 __ ~ro\ Approved ~71\~JIO Printed Name -f '-' '" '-' Z Signature ~Q , eRA BOARD MEETING OF: June 14,2011 I x I Consent Agenda I I Old Business I I New Business Legal Other SUBJECT: Commercial Interior Build-out Grant to Palm Orthopaedic Institute, Inc. SUMMARY: Palm Orthopaedic Institute, Inc. is a new business promoting the health and well being of the local population by providing accessible, high-quality medical care for peopole of all ages. Palm Orthopaedic Instituted, Inc. will provide procedures including, but not limited to, casting, joint injections, trigger point injections and much more. The corporation will be opening an office at 638 East Ocean Avenue, Boynton Beach, FL. Palm Orthopaedic Institute, Inc. is eligible for $15,000 in commercial interior construction/renovation grant assistance due to the fact they meet the requirements of creating three full-time employee (FTE) positions. Each FTE job created is worth $5,000 in funding assistance with a maximum grant award of $15,000. Palm Orthopaedic Institute, Inc. is a new business within the CRA District and will be the company's second location. It currently has an office located at 1501 Forest Hill Blvd., Ste. 101, West Palm Beach, FL. FISCAL IMPACT: Project Fund Line Item 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve a Commercial Interior Build-out Grant for Palm Orthopaedic Institute, Inc. not to exceed $15,000. l~~ Vivian Brooks Executive Director t" ~<tY~T2~ RA ~ East Side-West Side-seas,de Renaissance ~...~,:7F; f'1 2010/2011 Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Assistance Program Guidelines The Commercial Interior Build-out Assistance Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA district. The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce a business's initial costs associated with the construction and interior finishing of a new or expanding location. Applicants may be eligible for up to $ 15,000 to assist with the cost of commercial interior construction or renovations. The amount of funding is determined by the number of jobs created by the applicant. Each full-time equivalent job created is worth $5,000.00 in funding assistance from the CRA with a maximum grant award of$15,000. Businesses applying for financial assistance with the cost of interior build out must receive City of Boynton Beach Development Department and Building Department building permit approval. Proszram The Commercial Interior Build-out Program offers financial assistance in the form of a reimbursable grant to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the operating space. Items eligible for funding under the program are limited to: 1. Interior walls 2. Interior plumbing 3. Interior electrical system including lighting 4. HVAC system 5. Flooring The Commercial Interior Build-out Program funding may be budgeted annually and awarded on a first- come, first-served basis. All applications are subject to CRA Board approval. Making application to the program is not a guarantee of funding. Eliszibilitv Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Interior Build-out Program: 1. The business must be located within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). Injtjals~r{ Page] of5 T:\PROGRAMS & GRANTS\Commerciallnterior Build-out Assistance ProgramlWeb fOlmat Program Guidelines & Application\FY 2010-20Il\Revlsed 10-1-10 [nlerior Build-out Assistance Program Guidelines,doe 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for a minimum of three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have a proposed or executed multi-year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W-2 employees or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. The following businesses will be considered automatically ineligible for assistance under the Commercial Interior Build-out Program: a. Businesses that employ less than two full-time equivalent W -2 employees or 1099 contracted employees. b. Businesses who do not report employee's wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment" use. d. New businesses using a D/B/ A that has been used by another business within the past twelve (12) months. Grant Terms and Conditions A commercial lease must define the landlord-tenant relationship and at mInImum provide the following information: · A description of the space being rented including square footage and a drawing of the space. · Description of utilities that the tenant is responsible for. · Rental rate and deposits along with terms of lease and methodology for future rent increases. · Responsible party for interior and exterior repairs andlor improvements. · Insurance requirements. Initials----M' Page 2 of5 T:\PROGRAMS & GRANTSICommerciaJ Interior Build-out Assistance Program\Web fonnat Program Guidelines & Application\FY 201O-2011\Revised ] 0- J -I 0 Interior B uild-out Assistance Program Guidelines.doc . Ability to terminate. . Consequences of default on the lease. The CRA reserves the right to approve or deny any Commercial Interior Build-out Program application and to discontinue payments at any time if in its sole and absolute discretion it detennines that the business will not further the goals and objectives established for the economic development of the CRA District. Procedures for Application and Approval Application Process - All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: · Completed and signed application. · Copy of all business and occupational licenses. · Copy ofthe corporate documents for the applying business entity. . Copy of executed multi-year commercial lease agreement. . Landlord SSN or Tax !D. . Business plan, including executive summary and three-year financial projections of revenues and expenses. . Two (2) years of audited financials and corporate tax returns (for existing businesses only). . Two (2) years of tax returns for the owners of a new business. . Qualifications, experience and track records of business owners. . Copy of design and construction plans associated with the proposed improvements. . List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. Approval of Funding Request - Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month and staff will notify the applicant and landlord of approval or denial in writing. Initials , l,.1 ---- Page 3 of5 T:\PROGRAMS & GRANTS\Commerciallnterior Build-out Assistance Program\Web fonnal Program Guidelines & Application\FY 20]0-201 J\Revised J 0-)-1 0 Interior Build-out Assistance Program Guidelines,doc Site Visits - CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Expense Reimbursement - This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request package. The property owner, or tenant if applicable, must complete the interior improvement project, obtain a Certificate of Occupancy (CO) from the City of Boynton Beach and submit for reimbursement within 180 days of the grant award. Failure to complete the improvements within the specified timeframe will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of: (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for ''work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and pennits, and (3) Application for reimbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3 "x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been perfonned and paid for after the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed prior to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Commercial Interior Build-out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build-out Assistance program may only be used one time in any five year period for anyone specific commercial unit or business entity. Businesses are limited to one Commercial Interior Build-out Assistance Program award. Grantees shall allow the CRA the rights and use of photos and project application materials. Initials --t.-l:::;r' Page 4 of5 T:\PROGRAMS & GRANTS\Commercial Interior Build-out Assistance Program\Web fonnat Program Guidelines & Application\FY 2010-201 J\Revised 10-1-10 Interior Build-out Assistance Program Guidelines.doc Reporting - By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting during the two years following completion of the project to verify that the required job positions are properly fulfilled and maintained. For W-2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (UCT-6) for each consecutive quarter must be submitted. For sole proprietorships, partnerships, s-corporations, or any other entity that elect to pass through taxable income to business owners and the business owner( s) are one or more of the listed employees for application purposes, an 1040ES payment voucher or proof of electronic payment is required. Quarterly payments must be made before the due dates or any penalties for late filings must show as paid. If the business owner elects to file the 1040-ES annually, the eRA must receive a copy of the filing no later than two weeks after the IRS deadline. If the business owner does not qualify for estimated tax reporting, an Estimated Tax Worksheet from IRS form] 040-ES must be submitted along with the prior year's tax return (if not already submitted). For 1 099-MISC eligible employees, IRS Miscellaneous Income form (] 099-MISC) must be submitted annually to the eRA before February 28 ofthe following year SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING I acknowledge that I have read and understand the Commercial Interior Build-out Assistance Program Guidelines as set forth above and agree to comply with its content. APPliCantITe~~~ ~'Vlj Printed Name 1/1 4'(S /l( Date ('Jut, (,.Ul.."z/ Title Applicant/Tenant's Signature Date Printed Name Title Page 5 of5 T:\PROGRAMS & GRANTS\Commerciallnterior Build-out Assistance Progl"om\Web format Program Guidelines & Applicalion\FY 2010-2011\Revised 10-1-10 Interior Build-out Assistance Program Guidelines.doc .\\',- <.._~~.. ~.. ~<tY~T8~lc RA Ii East Side-West side- Seaside Renaissance 2010/2011 Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Program Application (Please Type or Print Only - Use Additional Sheets if Necessary) Applicant Name: PPlVVl dvtI11l{lfJ\J.t.il(. I/Jl(hhllf filA. Applicant Mailing Address: 1'50 / f:-t j.-( (f- Ih I' AI lit" r fl / iJ / LA/ P i<JJ?t ~J Vt b Business Name (D/B/A ifapplicable): Business Address: M (j ~I ; I--{ Phone: )~ ( l{ 1, c/ {, 1'7 h Email: o.VY1~cr(j.it.C-~v.~u~.fA.VI/J Time at Location: Fax: ){,I Lf34 It; l~i 2- Fed ID# ~.~ () I-c'} It' 3 u Monthly Rent: :/1 Pit II I i ( Do you have an executed lease agreement: Yes"'/. No - - Landlord Name: PIl/IIVl f'1-"fP:!',..;h{L- Lt..t Landlord SSN/EIN: LJ 2 - 07 I () j 77 Landlord's Mailing Address: WI a. h, v-< Was this business previously located at another site:Yes ~.. No_ Dates: Previous Business Address (if applicable ): I ~~(j .J fr \.-( ( f Ifi' I If I liP( I if' I () .1 INffS, FL.. '534U& New Business: Yes No ,/'. Existing Business: Yes-..::::::::.... No_ Square footage of existing location: '2), I 0 Square footage of new location: J) 4 U Initials [t-y . Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561..737-3256 Fax: 561-737-3258 Page 1 of4 Type of Business: n Number of Employees: Hours of Operation: Are you applying for grant assistance under any other program offered by the CRA: Yes ./ No If yes, what additional programs are you applying for: _ .: j/l'! (j.dA.'~ i l~ ./ :>- (../{,.,: ,;'..-< ::' II,;' J'['-: j/, ;~~_______ ~___~____.____~____.____.______ Are you receiving grant assistance from any other governmental agencies: Yes~. No If yes, list any aditionaI grant sources and amounts: ____~______._ ______ CERTIFICA nON AND WAIVER OF PRIVACY: I, the undersigned, appIicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Program Guidelines. I understand that this application is not a guarantee of grant assistance. Should my application be approyed, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application is found to be incomplete, it will not be processed, SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING I ' InitiaIL.'::L_ Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office 561-737-3256 Fax: 561-737-3258 Page 2 of4 APPlicang~ r · 4v'V1 V1} Printed Name 41<-//1 Date r ~ it-tM... ;/ Title Applicant/Tenant's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an offi w to administer oaths and take acknowledgements, personally appeared ) , who is personally known to me or produced .-/ as identification, and acknowledged he/she executed the oregoing Agreement for the use and purposes mentioned in it and that the instrument is hislher act and deed. IN WITNESS OF THE~OING, I aforesaid on this t.j day of r":'~""",-~,~"'c'~'~_.\""""")"i'~:i";"'-.l~~""'':'''-;'\->'.c~'''''''l i ,'j;'". """ OIA.~ vt.-~ , ~r .A~ 1'1. ~htllry ~l:c.g-: '3100( florida I. ." ~,~ ;f C(if!'VP!C'~';JOI.t: r:'n7f!t~~g E ~ M~...::.:~ f t;:_t t'~Y;-!~i'.';;~'!~~~:3 ~"';En'."'D:;~',"~~(~.~:~ NOTA Y PUBLIC My Commission Expires: SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page 3 of 4 Property Owner's ;U~e - 6 [\ .'1 I{ , i'tVVl. vU Printed Name t /: /1 / ___ Date ~' ifl/ WVL/ Title Property Ov.ner's Signature Date Printed Name Title ~ ' STATE OF~\d {~ COUNTY F 'jY\ ~o.. D",-"-.- BEFORE ME, an offi e uth . zed b'yj,Iaw to administer oaths and take acknowledgements, personally appeared / {Y1 r l; , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing greement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE..EQRf_GOING,I@-'yJ'mr hand and 11Cial seal in the State and County aforesaid on this IrJ r- day of \ , 20 . ir-" \ 11Cw~ {)~j NOTARY PUBLIC I~ OtANI ODOM Notary PublIc. 'State 01 FlorIda eomantlsionl 00148369 My comm. expires Jan. 06, 2012 ....., _ "'~"~::rJ:7"'.'-"I'I'"';~.~:.J . My Commission Expires: SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Boynton Beach Community Redevelopment Agency 9] 5 S. Federal Highway, Boynton Beach, FL 33435 Office 561-737-3256 Fax: 561-737-3258 Page 4 of 4 Pro-Forma Income Statement Palm Orthopaedic Institute Inc For 2011 through 2014 (all numbers in $000) REVENUE 2011 2012 2013 2014 Gross sales $148 $157 $168 $178 Plus subsidy from West Palm Office 108 $0 $0 $0 Net Sales $256 $157 $168 $178 COST OF SALES Beginning inventory $0 $0 $0 $0 Plus goods purchased / manufactured 0 0 0 0 Total Goods Available $0 $0 $0 $0 Less ending inventory 0 0 0 0 Total Cost of Goods Sold $0 $0 $0 $0 Gross Profit (Loss) $256 $157 $168 $178 OPERATING EXPENSES Selling Salaries and wages $40 $152 $156 $161 Benefits & Compensation 43 144 $149 $154 Advertising 36 $48 $50 $51 Depreciation 1 $1 $1 $1 Billing & Other Operational Expenses 20 $21 $21 $22 Total Selling Expenses $140 $145 $149 $154 General/Administrative Legal & Accounting $1 $1 $1 $1 Technologies 2 $2 $2 $2 Disposal & Maintenance 5 $5 $5 $5 Insurance 3 $3 $3 $3 Rent 5 5 5 5 Utilities 4 $4 $4 $4 Licenses & Tax 12 $12 $13 $13 Office supplies 11 $12 $12 $12 Travel & entertainment 1 $1 $1 $1 Printing, Postage, Services 6 $6 $6 $7 Equipment maintenance & rental 20 $21 $21 $22 Other Start Up Costs 5 $0 $0 $0 Fees 1 $1 $1 $1 Total General/Administrative Expenses $75 $72 $74 $77 Total Operating Expenses $215 $217 $223 $230 Net Income Before Taxes $41 (S59) ($56) ($52) Taxes on income 9 0 0 0 Net Income After Taxes $32 ($59) ($56) ($52) Extraordinary gain or loss $0 $0 $0 $0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $32 (S59) ($56) ($52) P a I m 0 rttlO..P.~~21(;"H!_~it_LJ.t~~, ~!~ l. fQI II<;.QJPQ.n'!J~.LR~~QQ(;u!lW j ll:; L9fn~'y,~.!JJ.~S.liP @[l PI Sol t .9n:ni;> Net Income: 2008 $57,442 Gross Mar 2008 83.68% Profit Mar 2008 7.73% What are Revenues after all costs, Iiabilites and taxes? II 2009 I Av for2011-2015 $111,082 $29,438 How much revenues are left after operatin costs? I 2009 I Av for 2011-2015 75.70% unknown How much revenues are 2009 12.59% for 2011-2015 12.49% Debt Ratio 2008 0.56 Degree of Operating Levera e: 2008 unknown Return on Assets. 2008 0.08 Current Ratio. 2008 2.66 for 2011-2015 unknown for 2011-2015 unknown How much to fixed costs effect earnin s? I 2009 I Av for 2011-2015 . unknown. 41 .79% How efficient are assets? II 2009 1.00 for 2011-2015 unknown Can all short-term assets cover short-term costs? II 2009 I Av for2011-2015 0.28 35.60 Accounts ReclevablE Turnover: How frequently are bills collected? 2008 II 2009 I unknown unknown I Avg for 2011-2015 2.41 id? for 2011-2015 $235,495 Breakeven: 2008 unknown ($79,866' How much must be sold to cover operation costs? II 2009 J Av for2011-2015 unknown $26,543 Risk Analysis for Palm Orthopaedic Institute Inc. Weighted Factor Grade Welaht G~e Business Plan Completeness of Application 85 40 34 Understanding of Financials 60 38 22.8 Owner Resume 90 34 30.6 Management Plan 35 32 11.2 Understandina of Market 40 29 11.6 SaleslMarketing Plan 75 27 20.25 FinanClals Pro-Fonna 65 20 13 Net Income 80 25 20 Gross Mamin 85 23 19.55 Profit Margin 90 15 13.5 Lona Tenn Solvency 80 15 12 Debt Ratio 55 20 11 IDearee of Operating Leverage 60 17 10.2 Retum on Assets 35 10 3.5 Current Ratio 40 20 8 Accounts Recievable 30 10 3 Working Capital 80 15 12 'reakeven 90 10 9 Total Score 166.30% I Scale: 90% - 100% = Exceptionally Well 80% - 89.99% = Better than expected 70% - 79.99% = Strong stability 60% - 69.99% = stability 50% - 59.99% = Passing 40% - 49.99% = Some Uncertainty 30% - 39.99% = Uncertainty 20% - 29.99% = Problematic 10% - 19.99% = Weakness 0% - 9.99% = Fault Business Plan Score (50% of Total Score) 130.45 out of 200 possible 65.23% Financials Score (50% of Total Score) 134.75 out of 200 possible 67.38% Risk Analysis,Rent Subsidy. Existing Business, Service. 2010 I x I Consent Agenda I I Old Business I I New Business Legal Other SUBJECT: Commercial Rent Subsidy Program Grant award to Palm Orthopaedic Institute, Inc. SUMMARY: The Commercial Rent Subsidy Grant Application and Guidelines provide eligible new or existing businesses with rent payment assistance for a maximum period of twelve months within the first eighteen months of a multi-year lease. The Commercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy for up to half of the business's monthly rent or $600.00 per month (whichever is less) for the first twelve months of a multi-year lease. The maximum total subsidy per business is $7,200.00. Palm Orthopaedic Institute, Inc. is a new business opening a medical office at 638 East Ocean Avenue, Boynton Beach, FL. Palm Orthopaedic Institute, Inc. meets the eligibility requirements and the standards for financial risk assessment under program guidelines (see attached analysis). FISCAL IMPACT: Project Fund Budget Line Item 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDA TIONS: Approve a Commercial Rent Subsidy Program Grant award to Palm Orthopaedic Institute, Inc. not to exceed $7,200.00. ~ Vivian Brooks Executive Director ~~ ~qY~T8~ eRA iIi East Side-West Sjde~Seaside Renaissance Boynton Beach Community Redevelopment Agency FY 2010-2011 Commercial Rent Subsidy Program Guidelines The Commercial Rent Subsidy Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA District. The program is designed to provide financial assistance to new and existing businesses in the fonn of a rent subsidy intended to help businesses during the critical first year of operation Proeram The Commercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy of for up to half of the business's monthly rent or $600.00 per month (whichever is less). The time period of eligibility for assistance is up to twelve months within the first eight-teen months of a multi-year lease. The maximum total subsidy per business is $7,200.00. Commercial Rent Subsidy Program funding may be budgeted annually and awarded on a first- come, first-served basis. All applications are subject to eRA Board approval. Making application to the program is not a guarantee of funding. EIi2ibilitv ReQuirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Rent Subsidy Program: 1. The business location must be within the eRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for more than three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have an executed multi-year lease (two year minimum). Initials hi Y Page I 01'5 T:IPROGRAMS & GRANTSICommcrcial Renl Subsidy Program\Complete Guidelines and Appliealion\FY 20 I 0-20 II IRevised 10.)-10 Commercial Rent Subsidy Guidelines.doc 7. Businesses must employ a minImum of two (2) full-time equivalent W-2 or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. The following businesses will be considered automatically ineligible for assistance under the Commercial Rent Subsidy Program: a. Businesses that employ less than two full-time equivalent W-2 employees or 1099 contracted employees. b. Businesses who do not report employees' wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertaimnent" use. d. New businesses using a D/B/A that has been used by another business within the past twelve (12) months. Grant Terms and Conditions A commercial lease must define the landlord-tenant relationship and at minimum provide the following information: · A description of the space being rented including square footage and a drawing of the space. · Description of utilities that the tenant is responsible for. e I t.~.l. I (Nit k t/ · Rental rate and deposits along with terms of lease and methodology for future rent increases. · Responsible party for interior and exterior repairs andlor improvements. I ~i I, r vi . · Insurance requirements. · Conditions of Lease tennination. · Consequences of default on the lease. Rent subsidies will not be paid until all construction has ended, occupational license is issued and the business in open for operation. The CRA will issue reimbursement to the applicant directly for the monthly rent payment made to the Landlord upon receipt and verification that the payment as been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease. as such the tenant and the landlord. As grantor, the eRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. The Commercial Rent Subsidy program may only be used one time by anyone specific business entity or business owner. Initials [1 J~ Page 2 of S T-\PROGRAMS & GRANTS\Commercial Rent Subsidy Program\C'omplete Guidelines and Applicatioo\FY 20 I 0-20 II \Revised J 0-1-1 0 Commercial Rent Subsidy Guidelines.doc The CRA reserves the right to approve or deny any Commercial Rent Subsidy Program application and to discontinue payments at any time if in its sole and absolute discretlon it determines that the business will not further the goals and objectives established for the economic development of the CRA District. The receipt of past payments is not a guarantee of future subsidy payments. Procedures fOI' Application and Approval Application Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation. · Completed and signed application. ., Copy of all business and occupational licenses. r~. [ "b /'1 I I V ,i ~ , . Copy of the corporate documents for the applying business entity · Copy of executed or proposed multi-year commercial lease agreement . Landlord SSN or Tax 10. . Business plan, including executive summary and three-year financial projections of revenues and expenses. . Two (2) years of audited tinancials and corporate tax returns (for existing businesses only). . Two (2) years of tax returns for the owners of a new business. ,. Qualifications, experience and track records of business owners. ....'{ List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. Approval of Funding Request - Once eligibility IS verified and all required documentation has been submitted, eRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month and staff will notifY the applicant and landlord of approval or denial in writing. Proposed leases must be executed within thirty (30) days of CRA Board approval or the grant award is terminated. Rent Subsidy Payments - Rent Subsidy payments will begin at the beginning of the first full month that the business is open for operations subsequent to CRA Board approval. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant. Initials ;' V}" Page 3 of5 T:\PROGRAMS & GRANTS\Commel'ciaJ Rent Subsidy Program\CompJete Guidelines and Application\FY 2010-20 J J \Revised 10-1-10 Commercial Rent Subsidy Guidelines.doc Site Visits - CRA staffwill conduct a site visit before subsidy payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the tenns of the grant agreement. Reporting - By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting during the time period that the subsidy payments are being made. Failure to provide the reports to the CRA within two weeks of the date they are submitted to the Florida Department of Revenue and/or the IRS will result in immediate disqualification from the program. For W-2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report (VCT -6) for each consecutive quarter must be submitted. For sole proprietorships, partnerships, s-corporations, or any other entity that elect to pass through taxable income to business owners and the business owner(s) are one or more of the listed employees for application purposes, an 1040ES payment voucher or proof of electronic payment is required. Quarterly payments must be made before the due dates or any penalties for late filings must show as paid. If the business owner elects to file the I040-ES annually, the CRA must receive a copy of the filing no later than two weeks after the IRS deadline. If the business owner does not qualify for estimated tax reporting, an Estimated Tax Worksheet from IRS form 1040-ES must be submitted along with the prior year's tax return (if not already submitted). For 1099-MISC eligible employees, IRS Miscellaneous Income fonn (1099-MISC) must be submitted annually to the CRA before February 28 of the following year. Proof of cleared checks showing employee payments along with a statement of service provided by the employee must be submitted no later than two weeks after the end of each quarter (April 30, June 30, September 30, and December 31). Discontinuation of Payment - The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent subsidy payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING APPliCantffLJ ~ a 4 I:' t. j /f}'VI !J1) Printed Name 4 (rif] Date dV.VtA_. Title Applicantffenant's Signature Date Printed Name Title Page 4 of S T:\PROGRAMS &: GRANTS\Commercial Rtnl Subsidy Prognun\Complete Guidelines and Applicalion\FY 2010-20 II \Revised 10-)-10 Commercial Rent Subsidy Guidelines.doc STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authppzed bY~ law )0 administer oaths and take acknowledgements, personally appeared Y'lQ1\tJ _IV\. r, D who is personally known to me or produced ~ I / {J( 1..../1 ~f... .-/----=-~s identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOR~ING, I have ~~\ and offici~ feal in the State and coun':::'esaid on:,!':"::, - daliif _1 I ,20U' DIANA ODOM ~'(f\ "A.\ NotBryPllbllo.-staltol~ 1 t.. L/ '-- I b CommlMlonl 0l)741l69 NO Y PuBLIC- My comm expires Jan. 06, 2012 M C .. E . . y ommlSSlon xplres: ~ f Property orr'~~ .._ Printed Name --f; 4/e; I; / Date f ' t'11/l4/l.'v Title Property Owner's Signature Date Printed Name Title STATE OF goyld;-~--/ COUNTYOFwtm &o..J~ BEFORE ME, an officer duly autho' acknowledgements, personally appeared _..______ who is personally known to me or produced as identification, and acknowledged he/she executed he 'foregomg Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS .OF TH~~. GOING, I hav~ h1d and officiall~ in the State and County aforesaId on thIS of { , 20 I. LCL Il II DIANA ()O()M '1\ Notary P\A)Ilc. -state 01 RePSa · CommIsIIOI' D074_ 1.4'1 comm. expires Jan. 06, 2012 RY PUBLIC My Commission Expires: :.,.~ --"'''I'''!''''' _ JL"'!f''tl'''...~.~...,..-~.J'' SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Page S ofS T:\PROGRAMS & GRANTS\Commercial Rent Subsidy Progl'llm\Complelc Guidelines and ApplicatiOl1\FY 2010-20 I] \Revised 10-1-10 Commercial Rent Subsidy Guidelines.doc J!'~~~TelRA ill East Side-West Side-Seaside Renaissance 2010/2011 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Application (Please Type or Print Only - Use Additional Sheets if Necessary) Applicant Name: ~~~~Il ~f:~~l-/P'Lll/If~ ~lA<f'~/f II/( Applicant Mailing Address: J 'f b ( pi}r( (-{ 4 /I 8) II J <kif) I, I,ll r b, P(, ? 2. V,I b Business Name (D/B/A if applicable): Business Address: ~~Y t 0(,(6'-1/1 1hM. 18"yh!7'<;. fyfAd1.{t., 3P-I34 Phone: SId Lf~ 4 h 77/~ Fax: f It I L-{!J '1 (,7'11- Fed ID# 5 s-- () (-, ) 0 j () Email: (1 V'tI. I~ (( VU\ e I.J (, 1'I.tl' . t. tJ "VI Time at Location: Monthly Rent: ' S-() {I (), ~ Ii Do you have an executed lease agreement: Yes /' No_ Landlord Name: Piv( h1 fvr~ l' f t. { ( Landlord SSNIEIN: . () 2' ~ {; 7 I P I 7 7 Landlord's Mailing Address: a ( fl. It). r Was this business previously located at another site:Yes~ No_ Dates: J{(I y- f1y(s:-tlt..i Previous Business Address (if applicable ): rA/J cd). H New Business: Yes_ No ,./' Existing Business: Yes ./' No_ Square footage of existing location ~ Square footage of new location ') Z t..f D Type of Business: ~d.'l0 0 fh{j Initials /'1 Boynton Beach Community Redeve]opment Agency 915 S. Federa] Highway, Boynton Beach, FL 33435 Office: 56]-737-3256 Fax: 561-737-3258 Page 1 of3 Number ofEmployees:___~~_~:l.__ Hours of Operation: Are you applying for grant assistance under any other program offered by the CRA' Yes / No If y~s, what additional programs are you applying for: {., r7"'/ [1/1 [. .. '-i i,.".-1 f'~~~ ~/ r I" I"L.Y/I is #'- r;, ~' . / l': t 11./ ' Are you receiving grant assistance from any other governmental agencies: Yes__ No _/ If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all infonnation presented in this application, and all of the infonnation furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I understand that this application is not a guarantee of grant assistance. Should my application be approved, J understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING APPlicaniffti~~~ Printed Name 41(11 I Date ~ w/;...u/ Title ApplicantfTenant's Signature Date Printed Name Title Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page 2 of3 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an offi duly autho~~ _ ~y l~ to administer oaths and take acknowledgements, personally appeared l'-J1n yO , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and putpOses mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE~GOING, I aforesaid on this VD day of f~ '''"- DIANA ()l)QM t Notary PublIG. SI8te 01 Floflda J Commlssiorl 00746369 I My comm. expires Jan. 06, 2O'i2 ~ ~,_______ _,...",., ..__... - ,.to ave se~ my hand and qf}1ciaI seal in the State and County , ,201.L NO~~ My Commission Expires: Property o1:~r' Printed Name 4- Date Property Owner's Signature Date Printed Name Title STATEOF~ COUNTY 0 '-_CA- ~aw to administer oaths and take acknowledgements, \.) , who is personally known as identification, and acknowledged or the use and purposes mentioned in it and that the IN WITNESS OF TIilt ,FOREGOING, aforesaid on this t::)'\--l--- day of fA' DIANA ODOM f Notary PubItc, State of Florilill J ComInI.liOIl# 00746369 { My comm. expires Jan. 06, 2O~;;:i 'ff''''''W:!I.../. ARY PUBLI My Commission Expires: Boynton Beach Community Redevelopment Agency 9J5 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page 3 of 3 Pro-Forma Income Statement Palm Orthopaedic Institute Inc For 2011 through 2014 J;.} nUfnhf'r~ 1C' $000 REVENUE 2011 2012 2013 2014 Gross sales $148 $157 $168 $178 Plus subsidy from West Palm Office 108 $0 $0 $0 Net Sales $256 $157 $168 $178 COST OF SALES Beginning inventory $0 $0 $0 $0 Plus goods purchased I manufactured 0 0 0 0 Total Goods Available $0 $0 $0 $0 Less ending inventory 0 0 0 0 Total Cost of Goods Sold $0 $0 $0 $0 Gross Profit (Loss) $256 $157 $168 $178 OPERATING EXPENSES Selling Salaries and wages $40 $152 $156 $161 Benefits & Compensation 43 144 $149 $154 Advertising 36 $48 $50 $51 Depreciation 1 $1 $1 $1 Billing & Other Operational Expenses 20 $21 $21 $22 Total Selling Expenses $140 $145 $149 $154 General/Administrative Legal & Accounting $1 $1 $1 $1 Technologies 2 $2 $2 $2 Disposal & Maintenance 5 $5 $5 $5 Insurance 3 $3 $3 $3 Rent 5 5 5 5 Utilities 4 $4 $4 $4 Licenses & Tax 12 $12 $13 $13 Office supplies 11 $12 $12 $12 Travel & entertainment 1 $1 $1 $1 Printing, Postage. SelVices 6 $6 $6 $7 Equipment maintenance & rental 20 $21 $21 $22 Other Start Up Costs 5 $0 $0 $0 Fees 1 $1 $1 $1 Total General/Administrative Expenses $75 $72 $74 $77 Total Operating Expenses $215 $217 $223 $230 Net Income Before Taxes $41 Taxes on income 9 0 0 0 Net Income After Taxes $32 -:c;c C:C,?:,' . > Extraordinary gain or loss $0 $0 $0 $0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $32 \~~~t .... .~ .t~ .,"1"......... \..,..,....,,j Risk Analysis for Palm Orthopaedic Institute Inc. Weighted Factor Gr:a<fe We~t1t $~e Busll1ess Plan Completeness of Application 85 40 34 Understanding of Flnancials 60 38 22.8 Owner Resume 90 34 30.6 Management Plan 35 32 11.2 Understandina of Market 40 29 11.6 SaleslMarketing Plan 75 27 20.25 Final1cials Pro-Forma 65 20 13 Net Income 80 25 20 Gross Marcin 85 23 19.55 Profit Margin 90 15 13.5 Long Term Solvency 80 15 12 Debt Ratio 55 20 11 IDegree of Operating Leverage 60 17 10.2 Retum on Assets 35 10 3.5 Current Ratio 40 20 8 Accounts Recievable 30 10 3 Working Capital 80 15 12 lreakeven 90 10 9 Total Score 166.30% I Scale: 90% - 100% = Exceptionally Well 80% - 89.99% = Better than expected 70% - 79.99% = Strong Stability 60% - 69.99% = Stability 50% - 59.99% = Passing 40% - 49.99% = Some Uncertainty 30% - 39.99% = Uncertainty 20% - 29.99% = Problematic 10% - 19.99% = Weakness 0% - 9.99% = Fault Business Plan Score (50% of Total Score) 130.45 out of 200 possible 65.23% Financials Score (50% of Total Score) 134.75 out of 200 possible 67.38% Risk Analysis,Rent Subsidy, Existing Business, Service, 2010 Palm Urtt)()J!~~E!EIII~ct.lc~~I~~; III< rQln&:.QJ'pQf9J~ 1~l)SJ..L9j;.1l!H1i'! n t s t.lQIl) .f:h!.~J!w~s PlimPm .f.QmJ~ Net Income. 2008 $57,442 Gross Mar 2008 83.68% Profit Margin: 2008 7.73% Term Solvenc 2008 0.18 Debt Ratio 2008 0.56 Degree of Operating Levera e: 2008 unknown Return on Assets. 2008 0.08 Current Ratio: 2008 2.66 Accoun~Rec~vab~ Turnovel. 2008 unknown What are Revenues after all costs, Iiabilites and taxes? II 2009 I Av for2011-2015 $111,082 $29,438 How much revenues are left after operati costs? I 2009 I Av for2011-2015 75.70% unknown How much revenues are I 2009 12.59% for 2011-2015 12.49% for 2011-2015 unknown for 2011-2015 unknown How much to fixed costs effect eamin s? I 2009 I Av for2011-2015 . unknown. 41 .79% How efficient are assets? II ~~g~ for 2011-2015 unknown Can all short-term assets cover short-term costs? I I 2009 I Av for 2011-2015 0.28 35.60 I Avgfor2011-2015 2.41 id? for 2011-2015 $235,495 Breakeven: 2008 unknown How much must be sold to cover operation costs? I I 2009 I Av for 2011-2015 unknown $26,543 eRA BOARD MEETING OF: June 14,2011 I X I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Commercial Facade Improvement Grant application from Rainbow Colors, Inc. d/b/a RCI Painting & Waterproofing SUMMARY: Rainbow Colors, Inc. d/b/a RCI Painting & Waterproofing, as the tenant of the property located at 630 Industrial A venue, Boynton Beach, FL, has submitted an application for the eRA's Commercial Facade Improvement Grant Program. Eligible items under grant program guidelines include exterior painting and structural repairs, awnings, signage, lighting, paving and landscaping. The applicant is proposing a scope of work that includes paint, exterior doors & windows, shutters, awning, irrigation and landscaping. The Commercial Fa9ade Improvement program reimburses 50% of the applicant's expenditures for the eligible improvements up to a maximum grant total of $15,000.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: Project Fund line item: 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application up to $15,000.00 to Rainbow Colors, Inc. d/b/a RCI Painting & Waterproofing for program eligible items for the property located at 630 Industrial Avenue, Boynton Beach, FL. Vivian Brooks Executive Director .. \ ~'$'.~ ". t,.--..' '~~~~ ,,~; t ~~~'tY~T8~tCRA Ii East Side-West Side-Seaside Renaissance 2010/2011 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000 (Please Print Or Type Only. Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Property Owner: ~;n1'7 UEST/Jllt-l/ nil L~ c . . ~~~:~s of Property ;30 ~rvlv.((;v,~ 1 ve. City/State: /1.0'11 p~ ~ FL. Phone # Day: 'i5LJ 11/0B7!30 Evening: Zip Code: .3~~ 1.t2b qS-42s:5b'2.33 Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): JMiJ;)I/~ff,&,f30.1-#"7t 61 q 'fIO If Different from Property Owner ,qalilbuwarr{L J~ 11~~~r>>~ Address of Business: tJl{oo AlW , q V -# k if I City/State: {b~dtYlo ~ FL Zip Code: 33oC4' Phone # Day: C/~lI~16 )2../3 Evening: qJ4 2.J:r62-3'? Name of Business: Initials 4' f.2}l\tlt ~,,(r~ 21; n ~ 5' Annual Payroll: 6' list of Improveme~ ~t' 'f ~ ~ ~ /arfi I ~~~ " O~}J), I <'~. ~ tu ~ II o/ft1' Type of Business: Years of Operation: 1""1 roo, ()t) 0 Number of Employees: Number of Employees residing in Boynton Beach: PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (eRA). Note: See attached CRA Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner. and the tenant. 3. Eligible improvements for this program include: . Painting . Shutters . Awnings/canopies · Decorative exterior fayade improvements · Exterior Doors/windows . landscaping around the building . Irrigation . Parking lot re-paving, re-seallng, re-striplng . Exterior lighting · Patio or decks connected to the building · Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement) · ADA improvements Initials 11l 4. All work must be done in compliance with applicable City of Boynton Beach Building Codes and land Development Regulations. All contractors must be licensed in Boynton Beach/Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a faf1ade grant application. 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible falfBde improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds. Example: Total project costs: $18,000.00 Applicant funds expended: $18,000.00 CRA reimbursement: $ 9,000.00 Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed prior to receiving grant approval is ineligible for reimbursement. 6. The Fa~ade Grant program may only be used one time in any five year period for anyone property. Properties may re-apply for additional grants any time after five (5) years from previous grant approval. Project phasing of up to two years can be requested. 7. The property owner, or tenant if applicable, must complete the taf1ade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the fa~ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 8. Disbursement of grant funds shall only occur if the following conditions are met: a. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City Building Department (if applicable). b. CRA has received copies of final "paid in full" vendor/contractor invoices. c. CRA has received copies of final inspection approvals tor all permit required work. c. Entire scope of work for eligible items is completed. d. Applicant provides "After" photos. Initials 1{!< APPLlCA rlON PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256. 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. Appropriate grant program documents will be prepared and submitted by the applicant. CRA staff will then present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month and the applicant will be notified of grant approval by regular mail. 4. The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City building inspections, the CRA will inspect the work to determine the satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property. the grant will not be awarded until the complete satisfaction of the lien. . 6. Applicant shall obtain, read and understand all aspects of the Fayade Grant Program Agreement. including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: . Project work write-up{ s) describing in detail the scope of the project. . Plans or sketches if applicable, . Site plan and plant list for landscape projects, . Third-party cost estimates from three (3) licensed contractors, . Estimated time line, . Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), . A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", . Signage design with colors & materials proposed if applicable, . Project color chips I material samples if applicable, . And material specifications. Initials ;f~ Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. (Date) STATE OF FLORIDA COUNTY OF t&a.uffLi) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared /lJlllr {~/./ 120 Sf- ~ ,who is personally known to me or produced . ~ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is hlslher act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this , 20 d. NOTARY PUBLIC My Commission Expires; 5 Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement. and' understand and agree to comply with its content. / SUBMITTING AN APPLICATION IS NOT A GUARNTEI}OF FUNDING .~tln.4 ~ & R<'fe'1 . . ~ - ~~', Witness (Date) ~ro erty Owner ./ViI.. a.e C( 117 ~ <:J I el-1 }.A../ (Properly owner1s signature must be notarized) STATE OF FLORIDA COUNTY OF ~..v~ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared \7A~ i c.x... '2-.0 ~, who is personally known to me or produced - as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is hislher act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this HELEN ICIW<<Z MY CCJMMIS9KlN I 00 llllll841 EXPIRES: ~11,1)13 Bonded -nvu NalIlY PlMc \lnlIlINIIIII NOTARY PUBLIC . My Commission Expi 5 Applicable documents must be attached for the Application to be processed. By signing this Application, t acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. SUBMITTING AN APPLICATION IS NOT A GUARNTEI;.-6F FUNDING /,t / / /tr'ttnel /,< /,/ ;,;J;;f e',"\ " ,jf VI, <274 A' 1/20 i U~/'- ~. r erty Owner (Date) ,;VI I... l C(;-e C( /YVJ 112. .. ""jet'1 'Ifr ~ (Property owners signature must be notarized) 8T A TE OF FLORIDA COUNTY OF b((..otJ {).<j) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared /1/ ~t:-A fZ:;;.s ~ . who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is hislher act and deed, IN WITNESS OF THE FOREGOING, j have set my hand and official seal in the State and County aforesaid on this ;;:TV/1l tB.EN ICJWC1'Z MY (;(Jlr"""" DO 88Il841 EXPIRES: ~ 11,8>13 Bonded 'ftIIl NallIY NIC \lIlIINIIIlI NOTARY PUBLIC My Commission Expi 'i '\!II. '\... (Tentant/Business owner's signature must be notarized) / (Date) BE FORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ,/1l~L.. e.o S~ . who is personally known to me or produced .... I. as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING. I have set my hand and official seal in the State and County aforesaid on this / . ..~ HElBfICJWflZ i MY COMMIS8rON, DO 888841 EXPIRES: September 11 2013 Bonded 'ft1ru HolIIy PubIc Und.r.tt.. NOTARY PUBLIC My Commission Expires: 6 ~ (Tentant/Business owner's signature must be notarized) 4c7(.~.t1 / /~/ Lf /;# ,/?r:-Yt /) /~7Z__ (Date) IL) /~/ ,,' I~ /.// 'VI/if- nrn ~' C STATE OF FLORIDA, COUNTY OF PALM BEACH If ,',,' //..(/,'/j~ t/ w ,~~~~~ BEFORE ME. an officer duly authorized by law to adm\nister oaths and take acknowledgements. -, r:J_ ~ personally appeared 0 r:JAJ Ie t.... ~s Eo . who is personallv known to m~ or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument IS his/her act and deed. aforesaid on this NOTARY PUBLIC My Commission Expires: tBSf lCJWfIZ MY COMMISSION' DO 1188841 ~PIRES: Seplember 11,2013 'ftInI NalIIy PaIlk UIIdInwtlln f> '\, -~'." .' ''-....', ". (Tentant/Business owner's signature must be notarized) (Date) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared 1I/1e.,e Y wlI1re /1 , who is personally known to me or produced ~ as identification, and acknOwledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. aforesaid on this tBSflOWtrZ MY CCIMS8IoN, DO 1188841 ~AES: Sep/8mber 11,2013 ""'IUIIU 'ftInI NoIlIiry fIItJIc IJncIendn NOTARY PUBLIC My Commission Expires: 6 c (' I (' ~ ;-.... I ... ; (. r MAXIMUM SERVICES 13780 SMITH SUNDY ROAD DELRAY BEACH,FL.33446 (561)495-8006 FAX(561) 495-1002 www.max~umtreeand1andscape.com maximumservioes@bellsouth.net CERTIFIED ARBORIST #FL-570A CBRTIFrED GENERAL CONTRACTOR #CGC062670 PROPOSAL OS/23/11 TO: RCI PAINTING JOB N>>m: LANDSCAPE AND PATIO PAVERS @ 630 INDUSmIAL AVE BOYTON BEACH FL 3426 A'l'TN. MARCEL ROSEN WE HEREBY SomaT SPECIFICATIONS AND ESTIMATE FOR: PREPARE AND mSTALL LANDSCAPE MATERIAL AND MULCH AROUND AS PE RAWINGS $2,500.00 PAINTING PRPARE AND INSTALL BRICK PAVERS FOR NEW PATIO AS PER DRAWINGS. COST $2,500.00 RCI PAINTING ALL MATERIAL WILL BE WA~D IN AT TIME OF INSTALLATION AND THEN IT BECOMES THE SOLE RESPONSIBILITY OF THE ASSOCIATION. ALL MATERrAL COMES WITH A LIMITED SIX MONTH DRAN'l'Y, LIMITS ABE IMPROPER WATElUNG, PEST AND OR DISEASE INFESTATION OR ANY ACT OF GOD. MJ\XJ:MUM DOES NOT WARANfi ANNtJM,S. MAXIMUM SERVICES 13780 SMITH SUNDY ROAD DELRAY BEACH,FL.33446 (561)495-8006 FAX(561)495-1002 www.maximumtreeand1andscape.com maximumservices@bellsouth.net CERTIFIED ARBOIUST #FL-570A CERTIFIED GENERAL CONTRACTOR tCGC062670 PROPOSAL OS/23/11 TO: RCI PAJ:NT:IHG JOB N>>m: LMIDSCAPE AND PATIO PAVERS @ 630 INDUS'nUAL AVE BOYTON BEACH FL 3426 ATTN. MARCEL ROSEN WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATE FOR: PREPARE AND INSTALL LANDSCAPE MATERIAL AND MULCH AROUND GASPE RAWJ:NGS $2,500.00 I PA:INTING - PRPARE AND INSTALL BIUCK PAVERS FOR NEW PATIO AS PER DRAWINGS. COST $2,500.00 RCI PAINTING ALL MATERIAL WILL BE WATERED IN AT TIME OF INSTALLATION AND THEN IT BECOMES ~BE SOLE RESPONSIBILITY OF THE ASSOCIATION. ALL MATERIAL COMES WITH A LIMITED SIX MONTH WARANTY, LIMITS ARE IMPROPER WATElUNG, PEST AND OR DISEASE INFESTATION OR ANY ACT OF GOD. MAX:IMOM DOES NOT WARANTY ANNUALS. I 'rl 1C'1C'11a.+.Ca. ~C"J ^ lOt"" III"' I!lVDIA. ,.., '^'~^ I I "".., c"...., WE PROPOSE ElEBEBY TO FURNISH MATERJ:AL AND LABOR COMPLETE IN ACCORDANCE UTa THE ABOVE SPECIFICA'lIONS FOR THE SOM OF $5,000.00 FrYE THOUSAND PAna:NTS TO BE MADE AS FOLLOWS: 50% DEPOSI'l', BALANCE IN FULL UPON COMPLETION THIS PROPOSAL MAY BE WITHDRAWN BY OS IF NOT ACCEPTED WITHIN 30 DAYS. . ACCEPTJ.\NCE OF PROPOSAL: SIGNATURE MAXIMUM SERVICES TODD GRANDE DATE SIGNATURE I 8917 1161t1 Terrace South Boynton Beach, FL 33472 ~"-~//--~ < ,'t.~, ., ~_~ /- .~).; (;j, --c; _ :. . t f '1, \ llH,il'h \ I \ "n"l \J'l R.., : -.- -. -- ~ "- "'-- -~~ Phone (561) 369-2899 Fax (561) 369-7680 ReI Painting 4400 NW 19th Ave. Suite K Pompano Beach, FJ. 33064 ATfN: Marcel Rosen May 11, 20Jl RE: 630 Industrial Ave. Per your request we propose to complete the following: Qty. Common Name Sod throughout 2,600 sq ft North Fence Lille Option 1 73 BougainviJJea 'fushia' North Feace LiDe OptiGD 2 73 Bougainvillea 'fushia' Specifications $858.00 3 gallon $13.00 each 7 gallon $33.00 each Pavers in rear lITigation provided by Sunnyland irrigation (separate proposal) $1,858.00 Total option 1 $3,665.OG Total option 2 55,125.00 Warranties: I year on all trees and palms and 6 months on all shrubs and groundcover excluding annuals. W8ITanty covers material provided and installed by Tropical Landscapers Joe. Warranty exclusions: relocated material, material damaged due to vandalism or acts of God, Joss due to improper irrigation, maintenance and pest control. URderground utilities: Tropical Landscapers, Inc. is responsible for marking underground utilities i.e., FPL, Cable, Gas and Phone lines. Tropical Landscapers, Inc. is not responsible for any other underground utilities i.e., irrigation. lighting, invisible fencing or anything not marked by Sunshine one call. Permits: Proposal prices do not include any pennit costs and any debt incurred would be in addition to the contract. Irrigation: Tropical Landscapers, Inc. will hand water in all new plantings for the first time upon completing installation. Following installation irrigation becomes the responsibility of tbe owner. See warranty infonnation. Acceptance: 'The above prices, specs, and conditions are satisfactory and are bereby accepted. You are audlorized to do work as specified Payment will be made upon completion of job. Signature Date ~'d OB91-69r (L gc;) UUeMJel^1 leO~1 eoc:n I I I I I ,{P.I^, ANTEQUERA ENTERPRISES IHe 5140 NW 76TH PLACE POMPANO SCH. FL. 33073 PH: 954-818-2729 FAX:954-425-0503 Emall: RAPHAEL@AEICGC.COM Bill To: I MARCEL ROSEN Rei PAINTING PH: 954-978-1213 F: 9-978-9192 4400 NW 19th AVENUE SUITE K POMPANO BCH\ FL 33064 I Estimate Number: E579 Date: May 10,2011 Ship To: I MARCEL ROSEN I Rei PAINTING & WATERPROOFING PH: 954-978-1213 F: 9-978-9192 1630 INDUSTRIAL AVE i BOYNTON BCH., FL 33426 Sales Rep PO Number Tenns OOES79 LABOR & MAT. Description LANDSCAPING AS PER DROWlNG BY MARCEL ROSEN SPINKLER SYSTEM AS PER DROWlNG BY MARCEL ROSEN I I ~.IIS INSURED AM) LICENSED IN THE STATE OF FLORIDA (48120 ) . ES11..,An: REQOIRf 1ft DEfIOCIT. ADDITIONALCHANGES FROM THE ORIGINAL EsnMATE WILL BE CHARGE. DRAWS AS THE JOB PROGRESS. I I ~CEP'TED BY: FA~: OSCAR AR Code E579 .....~..,_____-1 _._----.-.-->.~ ',_ i Amount. ( , ?,4~~23 2.750.00 Total $5,246.23 i OVOtlllVtl 'lYS M"Dt ,00 oO.S ,0'00 l ;., I ONnOJ 8 '~.' ,30. ..." 'Itfl 'a'~'o) :.C:.~ .ur1\lll nod ,01 ,OTe '0 ~ ,O'Z [] Sod aM ~'l t/.')Jt.. /;;} 7KJ N ~M m ~ ..., 1- ~ ~ BIl [] ~ '" ;::: C) z ~ is ~ '1'. I- IZ -' ~iil ::::l I- jC!i CJ;L ~ ~ -' u u il[] w ~n ~ IY '" .-~ u ~ Wo !::: ng :~ :::;;n Z <i :::;; to :0 "' m~ ."'0) <( o~ N ~f'. ~ ::> u 1''1" N" <( N >- '" IY ~ :::' Cr::: 0 t- [] (JJ Cr::: ~ ;:: ~ IZ ~ g(7j ~ c5~ I- ~ Za< sam [] ~ Iz u- >-'" << ufD .. " ...; N ,0'00 L Hl~ON J N 0 J [] 'H'"'S'S 03^Yd SIlOO 'ONOO / ~-/ ,I 3^W^ i ~31YM JnNJAV lVltllSnONI I i Painting Concepts Inc. Painting and Waterproofing Licensed and Insured 3459 High Ridge Road Boynton Bch. , FL 33426 Office: 561-586-7121 Fax: 561-586-7968 05/18/11 To: JMM Investment 630 Industrial Way Boynton Beach, FL Re: Exterior Building Repaint SCOPE OF WORK EXTERIOR PAINT SCHEDULE: Pressure clean all existing surfaces with 3000 psi machine using a chemical injector and chlorine solution 1. Stucco/Masonry: Existing Stucco and stucco bands (1) One coat: PPG #4-808 Penna-Crete Interior/Exterior Acrylic Masonry Clear Sealer (1) One coat: Porter #739 Acri -Shield Satin Exterior Acrylic 2. Metal Surfaces: Garage Doors, Down spouts (1) One coat: PPG #90-712 Pitt-Tech D,T.M. Industrial Enamel Primer (1) One coat: PPG #474 Pitt-Tech Satin D.T,M. Industrial Enamels JMM Investment PRICING Exterior Painting as specified: All painting will be done according to Porter Specifications: Exterior Painting $ 16,900.00 OPTIONS Paint Metal Soffits $ 2,200,00 ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted, Painting Concepts Inc. is hereby authorized to do the work as specified above. JMM Investment Painting Concepts, Inc. 4JB J.B. PAINTING & WATERPROOFING, INC. 303 Jim Moran Boulevard Deerfleld Beach, Florida 33442 Since 1919 Second Generation - Florida Based Since 1965 May 18, lOI ] JMM INVESTMENTS 630 Industrial Way Boynton Beach, Florida Re: Exterior Preparation & Painting of Building Contract-Acceptance made this __day of___ .20 . by JMM INVESTMENTS hereinafter referred to as Owner, and lB, Painting & Waterproofing. Inc" hereinafter referred V> as Contractor. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: THE WORK AND CONTRACT The Owner shall pay the Contractor the total sum of $ 16,500.00 for the work described herell) All work shaJJ be done in accordance with the specifications set forth below SCOPE OF WORK 1 ' Pressure wash all surfaces to be painted, 2 Seal surfaces to be painted including gutters & Downspouts, 3, Patch & Seal all cracks, 4, Apply one finish coat of Porter Paints # 719 Exterior Acrylic to all masonry surfaces 5. Paint Gutters & Down spouts with Porter Paints #719 6. Prepare & spot prime any bare areas on Garage doors & Finish Coat with Porter Paints DTM Enamel. OPTION 1, Prepare & Paint Metal Soffits ADD $1,800.00 ELECTRICITY AND WATER Owner agrees to supply the contractor with necessary electricity and water required to operate his equipment and carry out the work (':;hl \ ~Q?_~Ql h P::tlm Reach ~ (954) 574-0000 Broward 2 INSURANCE The Contractor shall provide certification and maintain the following insurance coverages to the stated limits where applicable: General Liability........,.......,.. $1,000,000,00 Per Occurrence ,.,." ."""..... .$2,000,000.00 Aggregate Employer's Liability ...,.........,.......,... .$500,000/500,000/500,000 Umbrella Liability..,......"".....,... .$5,000,000,00 Per Occurrence ".....',..."." ,$5,000,000,00 Aggregate * Umbrella must be in excess of both General Liability and Employer's Liability. GENERAL CONDITIONS The Contractor agrees to save the Owner harmless for all liens and/or damages arising from or caused by this work. All materials are guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices, Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above estimate. All agreements contingent upon strikes, accidents or delays beyond our control. FINAL AGREEMENT This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. lB. Painting & Waterproofing, Inc. JMM Investments **SOUTH COAST PAI"'TING IS PROUD TO BE A DR"G FREE COMPANY** Jropos-al Page No. 1 of 3 Pages ~OUTH PAINTING 8l 'WATERPROOFlN;9 f~O.AST ' ~ ~ rstablLshed 1972 I 1-800-940-1888 . (954) 596-1334 . Boca: (561) 482-1888 . Fax: (954) 596-5832 I 6601 Lyons Road . Suite C2 . Coconut Creek, FL 33073 I PROPOSAL SUBMITTED TO JMM Investments [lATE May 19, 2011 630 2nd Way PHONE Boynton Beach, FL 33435 President, and Board of Directors AI: material is guaranteed to be as specified_ all work to be completed in a workmanhke mann,"r according to standard practices Any alteration or deviation trom specifications beiow involving extra costs will be executed only upon written orders, and will become an extra and above Iht:J estimate All agreements contingent upon strikes. accidents or delays our con:ro' Owner to carry fife, tornado and other necessary hsurance Our wo'kers arC coven>:] Workmw Compensation insurance .~/ ,,-- '.'a Y'" ---------- ---~-_.__._--_._-- - AuthOrized Signature Hal M Eisenstein, President This proposal is for the preparation and painting of the exterior portions of one (1) commercial building located at 630 2nd Way in Boynton Beach, Florida. GENERAL SCOPE 1, Powerwash all exterior surfaces to be painted, Areas of mildew and red algae infestation shall be pre- treated, prior to powerwashing, with a chlorine plus JOMAX or UCI #99-000 "Mildew Prep" Mildewcide Solution, Solution to be allowed to soak on treated areas to ensure the killing of mildew spores imbedded in the effected substrates. Approximate powerwashing pressure to be 3000 P,S,I, which is lowered when cleaning around screening, windows and wooden surfaces, etc., to avoid water penetration and scoring. Residual dirt run-off to be rinsed off from non-painted surfaces 2. Stucco - Crack repair: A, Hairline and shrinkage cracks approximately 1/16 of an inch or smaller in width, are to be cleaned and then sealed with UCI #25-020 "Uni-Seal" Masonry Primer/Sealer, Using a brush or broad knife, apply UCI #400 Elastomeric Patching Compound Brushing Grade, feathering the patch approximately 2 inches to either side of crack, B, Openings greater than 1/16 inch shall be "U'd" out using a diamond-tipped electric circular grinder to create an opening of approximately Yo inch. Loose debris and dust to be removed. Apply a coat of UCI #25-020 "Uni-Seal" to seal any remaining dust and provide a surface suitable for adhesion of patching compound Cracks necessary to be cut to an opening of approximately Y, Inch or greater are to be packed prior to patching with backing rod (urethane foam) as needed Using UCI #400 Knife Grade Elastomeric Patch, apply a generous amount to opening and extend patch approximately 2 inches beyond, professionally tooling so as to simulate surrounding texture as closely as possible. Where needed, apply an additional coat using UCI 75-456 Fiber-Lastic Elastomeric Fibrous Patching Compound, NOTE: Sealants specified are non-shrinking, and although they dry thoroughly, they do not dry hard and will flex with additional building movements, Loose or delaminating stucco - Remove all loose stucco and "sound-out" to determine if a larger area than is obvious to the eye is necessary to remove, Clean and apply UCI #3-2000 "Ultra-Prime" Universal Rust Inhibitive Primer to any exposed steel and then apply a masonry bonder Re-stucco areas using a patching product such as Thorite by Thoro Systems, troweling or sponging, etc, (dependin<) on the surrour,Jing surface texture) to simulate surrounding surfaces as closely as possible. Delamination repair not to exceed 50 square feet This square footage refers to actual stucco delamination, not crack repairs, which are unlimited I I I I ; I - i J1} l Page No ? of ~ Pages -IPtop05'a ~OUTH (!COAST PAINTING 8/. WATERPROOFING 1-800-940-1888 . (954) 596-1334 . Boca: (561) 482-1888 . Fax: (954) 596-5832 6601 Lyons Road . Suite C2 . Coconut Creek, FL 33073 Established 1972 PROPOSAL SUBMITTED TO JMM Investments DATE May 19, 2011 3, Caulk all exterior windows and doors. Remove all loose and deteriorated caulking presently installed at all metal to stucco perimeter joints and where casings meet stucco. Solvent-wipe areas to be re- caulked. Using a top grade compound, apply a continuous watertight bead where frames meet stucco. Apply a continuous bead of elastomeric caulking to all 90-degree change of directions in stucco where cracks are present. Caulk around through-wall protrusions such as hose bibs, vent pipes, electric conduit, etc. 4. Using UCI #25-020 "Uni-Seal" 100% Acrylic Masonry Primer/Sealer, coat all previously painted direct weather exposed stucco surfaces that are being painted. 5, Using UCI #50-100 "Ultra-Kote" Top-Of-The-Line 100% Acrylic Satin Finish Exterior latex Paint, coat all previously painted exterior stucco surfaces plus gutters, overhead doors, meter boxes, conduit, etc. 6, Colors to be substantially similar to existing. Samples to be supplied for the owners written approval prior to start-up. 7. Contractor is to meet the requirements of Manufacturer's Five (5) Year UCI #50-100 "Ultra-Kote" Non-Prorated labor and Material Warranty on stuccoed surfaces and secure for association/management/owner upon completion and payment in full. 8, The painting contractor shall be responsible for and use utmost care in the protection of the occupants Property. 9, The painting contractor shall be solely responsible for the rectification of any such damage; the clean-up involved in the work outlined in this specification; his employees during the performance of their labor. 10. All work is to be done in a workmanlike manner by skilled, professional mechanics and carried out in such a way as to minimize any inconvenience to the occupants and tenants. The painting contractor shall maintain a full work force from start to completion and shall leave a qualified foreman on the job at all times. 11. Sprinkler systems adjoining building(s) currently being painted to be left off for duration of work to building to help minimize indentations from equipment (especially if high reach lifts are to be used) and to avoid accidental removal of fresh paint. EXCLUSIONS 1. Roof, 2, Drives, walks, etc. 3. Al' S"T\ men';o"". in the Gene",' Scope PRICING (,$15,000.00) """-....,- -- -----....-.. Continued on page 3, ~ropo5al ~OUTH ~OAST PAINTING 8l. WATERPROOFING Page No ::I ot ::I Pages 1-800-940-1888 . (954) 596-1334 . Boca: (561) 482-1888 . Fax: (954) 596-5832 6601 Lyons Road . Suite C2 . Coconut Creek, FL 33073 J'stdhli.<;fwrj :j Ii PROPOSAL SUBMITTED TO JMM Investments ! DAT" May 19. 2011 II ALTERNATES , , , i I ----j! Ii 1 . Paint all metal soffits. PRICE: $13,500.00 ( ) Accept ( ) Decline Initial Here: PAYMENT SCHEDULE : , Payment in full upon completion_ NOTE: If payment schedule is unacceptable for any reason, association/managemenUowner must advise contractor prior to execution of contract otherwise guidelines as set forth are to be met by all parties Due to the fact that prices of some goods are currently escalating at an alarming rate, if this proposal is not executed within a reasonable amount of time, those increases incurred may have to be passed on to the owner/condominium/association, South Coast Painting & Waterproofing is a registered DBA of South Coast Painting & Developing, Ino Upon acceptance of this proposal, please sign, date and initial all pages where indicated. Beige copies for association/management/owner, white copy to be returned signed to South Coast Painting & Waterproofing, ~tlan,,~ WINDOWS & SHUTTERS ESTIMATE LEGAL OWNER OF PROPERTY JOB NAME: RCI JOB PHONE: 954-976-1213 JOB SlREET N/A CITY: POMPANO BEACH FL 33064 Window * French & Sliding Glass Doors Hunicane Shutters * Shower Enclosures Pool & Patio Screens * Sales & Installation PROJECT TITLE: STOREFRONT & ROLL-UP FAX: 954-978-9192 ATlN : HELEN 13155 SW 87 Avenue Miami, Florida 33176 Phone: 305-233-8886 Fax: 305-233-5534 Date: 05119/11 SUPPLY AND INSTALL IMPACT STOREFRONT DOOR & SIDELIGHTS AND TRANSOM AND ROLL-UP SHUTTER FRAME COLOR: WIllTE GLASS COLOR: CLEAR 1 - 136 x 108 SINGLE DOOR & TWO SIDELIGHTS & TRANSOM - PER ELEV SUPPLIED DOOR & FRAME WITH HINGES THREE POINT LOCK SYSTEM KEY CYLINDER PUSH PULL & INT THUMB TURN SURF .ACE MC JI'lN. t<D CLOSURE WITH DROP PLATE GLASS 9/16 CLEl\R:-f:;"AMINATED. "'\ ( '\ "- TOTAL $ 6148,00 J "-......_---- ------/ 1 - 136 x 108 ALUMINIUM ROLL- UP SHUTTER WITH UNIVERSAL CRANK MOTOR WITH OVERIDE TOTAL $ 4338,00 SUBTOTAL $ 10486.00 TAX $ 734.02 TOTAL $ 1122002 PERMIT FEE NOT INCLUDED; PERMITS BY OWNER UNLESS OTHERWISE STATED NO WINDOW CLEANING. NO ELEClRICAL WORK. NO PAINTING. Note: This is a labor contract. Payment is due upon delivery unless otheIWise noted in body of contract. Materials will be invoiced upon shipment from this company's warehouse. Delivery and/or installation may be withheld for the convenience of customer, but this in no way affects date of invoice for materials, In the event that the amount herein shown is not paid when due, interest at the highest legal rate per annum shall accrue on amount outstanding, All costs and collection fees shall be paid by customer including reasonable attorney's fees, Title to all goods delivered/installed shall remain the property of Atlantic Window & Shutter, until contract is paid in full, and purchaser waives all rights to homestead or other exemptions under state law. By Legal Owner By Atlantic Windows & Shutters Atlantic Window & Shutter shall not be responsible for delay in delivery resulting from strikes, labor difficulties or acts or events beyond its control. This contract is your guarantee; for a period of one (1) year labor and materials, some products carry an additional extended marwfacture warrantee, Buyer has the right to cancel this contract within three (3) business days of date hereof. In which event the deposit paid will be refunded to customer less any fees paid for restock with marwfacturer, TROPICAL GlASS & Construction Co. Certified General Contractor fC1 0159 7933 NW. 7th Avenue. Miami, Florida 33150-3298 DADE: 305. 757.0651 BROWARD: 954 462,3711 fAX: 305.758.2967 www. tropiatlglassmiami.mm Date: 19-MaY-ll caller: Ms. Helen Krantz TItle: Pro~ Manager To~ ReI Pilintina .. W......roofing Work#: 954. 8.1213 +100 NW 19th Ave., Suire K Cell#: Pompano Beach, FL. 33064 Fax#: 954.978.9192 E-Mail: helenarcloaintlna,oom Prooosal RE: NON-IMPACT SlDrWnmt A. To furnish and Install one 36''X84" +/- "ARCH" dear anodized aluminum door, with framing, three butt hinges, standard push / pull handle, lock, 1/4" clear tempered glass, and all necessary hardware. B. To furnish and in5talll/4" dear tempered glass, utilizing 1 3/4")(4 1/2" +/- "ARCH" clear anodized aluminum framing, adjacent to door in paragraph "A", as follows; a.) Two areas, 4'X9' +/-, with one horizontal mullion. ; b.) One, 3'X2' +/-, transom. I $ 5,230.00 C. To furnish engineered shop drawing and permit. I $ 1,845.00 I D. To furnish and install one 22 gauge steel role down gate, ll'4"X10' +/", I $ in front of the storefront. Permits included with storefront permit 4,860.00 I i E. Opening preparation and finishing by owner. , I F. T0t8.'labor and m.teri.,........."...."'.......Io.............Ii..IiI......III.'...r.,IlIII...n $ 11,935.00 Terms: i G. Deposit due upon approval of this proposaL...... I $ 5,000.00 H. Payment due upon installation of framIng.........".. I $ 5,000.00 I. Balance due upon installation of glass..,..........,........., I $ 1/935.00 M.. Helen Krantz, Project Man.ger Tropical Gla. .. Conltrudion Compllny Quote by: Gene Lonwndo, General Manager TERMS; ** AlL DEPOSfTS AND CREDIT CARD CHARGES ARE NON.REi"uNDABLE** INURliST OF 1.5-. APPLIEC TO AU OUTSTANDING INVOICES, A TTOfIINEYS FEES AND CoaTS WILL BE ADDED TO COST OF COl,.LECTION. ALL MATERIALS REMAIN PROPI;RT'I OF 'TROPICAL GLASS" CONSTRUCTION CO. UNTIL FULLY P....O FOR 7(): J7() -:::n::'\H----..I CCH..,t""! -,~...... T _-.Jn~ I Jnr7nf' Jr-nr- E....ZCeneral & Roofing Contractors,lnc 4751 NE 10th Avenue Oakland Park, FL 33334 Office: 954-418-8640 Fax: 954-418-8650 CONSTRUCTION CONTRACT Name (s) RCI Painting ltemC DESIGNER: Date May 20,2011 Address 4400 NW 19th Avenue, Suite K Insurance Co, Ins. Phone City, State, Zip Pompano Beach Florida 33064 Policy No. Claim No. Home Phone ( I Cell Phone E-mail E.Z Representative Bill SCOPE: . Price for Shutters for the Storefront glass = $3600,00 Price for Awning = $4,680.00 , ~, . . P~ce for Store Fron~ Glass :O.O~) . Pnce for door to patIO = $1,44 . . --- . Price for Landscaping = $10,000.00 . Price for Irrigation = $5,000.00 . Price for patio pavers = $2,800.00 . Price for exterior wall repairs and blocking = $20,160,00 Total Proposed Cost of the Scope of Services identified above = $52,480.00 PRICES ARE GOOD FOR 30 DAYS PERMIT FEES ARE NOT INCLUDED IN THE PRICE. PRICES ARE BASED ON NORMAL CONDITION OF WORK." ANY UNSEEN AND UNEXPECTED ALTERATION ON THE SCOPE OF WORK WILL BE DISCUSSED WITH THE HOMEOWNER BEFORE WORK BEGINS OR CONTINUES. ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001 TO 713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB- SUBCONTRACTORS, OR MATERIAL SUPPLIERS THE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER". FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. NOTICE OF CANCELLATION You, the buyer, may cancel this acceptance any time prior to midnight of the third business day after the date of the purchase. You and your contractor are responsible for meeting the terms and conditions of the contract. Know your rights and duties under the law. TERMS OF AGREEMENT ACCEPTANCE: This agreement is binding upon E-Z GENERAL & ROOFING CONTRACTORS OF FLORIDA INC (E-Z) and if such acceptance is declined by t-Z for any reason, all deposit monies paid by Property Owner will be refunded, In such an event, neither party shall have any further obligations, responsibilities, or liabilities herein. No work will be done or materials furnished except as specified herein or agreed to in writing. Any modification to this Agreement, which changes the cost, materials, work to be performed or the estimated completion date must be made in writing and signed by all parties. All change orders requested by Property Owner E- ZCenerol & Roofing Controctors,lnc 4751 NE 10th Avenue Oakland Park, FL 33334 Office: 954-418-8640 Fax: 954-418-8650 N1)u 'e Settee ~ .Leu . shall be in addition to the Total Sales price herein and paid by Property Owner, All of E-Z's rights and remedies shall apply to any change request of Property Owner Unless otherwise agreed in writing, all changes are at E-Z's regular price. Our roofing company has the right to order excess material These materials will not be charged above the agreed upon price. All excess material will remain property of the roofing company. This Agreement does not include, unless expressly specified, any asbestos abatement, removal, or encapsulation, or any removal of lead paint. If asbestos or lead paint is found existing on the premises, any cost to abate, remove, or encapsulate shall be paid by Property Owner as an extra charge, This Agreement does not include, unless expressly specified, any wood replacement/repair or insulation. Any damaged wood will be replaced as needed, in addition to Agreement price, at the rates described in the Specifications Section of this Agreement. Any painting, waterproofing and plastering is not included in price and is to be accomplished by others in coordination with E-Z. Any existing gutters, screened enclosure, metal roof, awning, railings, or decorative covering attached to roof or fascia is to be removed and reinstalled by others enough to facilitate the work being performed by E-Z. Any gutters that are required to be installed per local building codes are not included in this Agreement, unless expressly specified, and shall be installed at an additional cost at E-Z's regular price, Access must be made for heavy truck entry up to 80,000 lb. for trash removal and material deliveries. E-Z assumes no responsibility for any damage that may occur to driveway or sidewalk due to weight limitations. If access to driveway cannot be provided and trucks must drive across lawn or edge of driveway to access roof edge, E-Z assumes no responsibility for damage which may occur. E-Z assumes no responsibility for preexisting deficiencies such as, but not limited to, structural, electrical or plumbing deficiencies. Work in addition to this Agreement may be required due to unforeseen circumstances not readily apparent at the time this Agreement was presented, such as but not limited to removal of additional layers of roofing, roofs mopped directly to decks, asbestos abatement, moisture surveys, uplift tests, engineering requirements, code changes, and mandatory Hurricane Job Site Preparation. Owner or agent agrees to pay all additional cost incurred by E-Z to perform such additional work, E-Z assumes no responsibility for ceiling, wall or window cracks, or ceiling or wall mounted fixtures falling, due to weight deflections and/or vibrations during or after the completion of the work E-Z assumes no responsibility for damage which could occur to or result from unseen or concealed items, such as but not limited to cables. wires, water pipes, electric and Freon lines, while the work is in progress. Property Owner represents he/she owns the property on which the work is to be performed. Property Owner will identify boundary lines and be responsible for obtaining all necessary zoning variations before commencement of work E-Z shall comply with all local requirements for building permits and inspections. All surplus materials shall remain E-Z property. During the project, E-Z may use Property Owner's utilities and all charges shall be Property Owner's responsibility. If E-Z is unable to complete the work for any reason, it may assign its obligations hereunder to a contractor of its choice All rights, remedies and privileges of E-Z hereunder inure to the benefits and are enforceable by an assignee of this Agreement Property Owner and each cosigner hereby waive any claims against any assignee of E, Z's rights under this Agreement, including all claims and defenses relating to quality of work or product whether now or hereafter existing Property Owner agrees to execute all other documents which E-Z may reqUire in order to carry out the terms of this Agreement or comply with all applicable laws. E-Z may make minor variations in work or substitute material of equal or better quality Without the consent of Property Owner CANCELLATION AND DEFAULT: The material listed in the Specifications Section of this Agreement is specifically ordered and cannot be cancelled by the Property Owner after the Right of Recession period has expired. If Property Owner cancels this order or defaults in any way after the recision period has expired and the materials have already been ordered by E-Z, the Property Owner agrees that E-Z shall be entitled to the entire Agreement price, Further, upon default by Property Owner at any time after the recession period but before E-Z orders the material and product, E-Z shall be entitled to reimbursement from the Property Owner in an amount of 25% of the Agreement price as liquidated damages. The Property Owner shall be in default under this Agreement in the event of any of the following conditions or events occur (a) default in payment of the Agreement price by Property Owner; (b) failure of the Property Owner to provide access to E-Z at reasonable times during the hours of 7:30 a.m, - 7:30 p.m., Monday through Saturday to perform the work as contained in this Agreement; or (c) any other failure by Property Owner to comply with the terms and conditions of this Agreement. Property Owner agrees that title to the materials does not pass to Property Owner under this Agreement until said Agreement is paid in full, Property Owner further agrees that in the event of default, E-Z has the absolute right of possession and that Property Owner will make available to E-Z, at a reasonable time, the materials provided under this Agreement. In the event of default, the Property Owner shall pay the balance due along with any and all court costs and attorney's fees incurred in pursuing such default. Payment is due upon completion of the work as provided in the Agreement. Any balance due shall accrue late charges of the maximum amount allowed by Florida State Law, OATES OF PERFORMANCE: No material or products will be delivered to Property Owner until after the recision period has expired. Installation of material will not begin until such time as E-Z receives secondary deposit monies from Property Owner Any delays in secondary payment may subsequently effect commencement dates of project, Approximate commencement and completion dates of this Agreement are estimates only and E-Z shall not be responsible for delays in either that starting date for the work or the substantial completion. Any delays caused by events beyond the control of E-Z shaH not constitute abandonment and shall not be included in calculating time frames for payment or performance. E-Z is not responsible for delays or its inability to perform due to Acts of God, strikes, war, riots, shortages, weather conditions, public authorities or other causes or conditions beyond, or due to Property Owner's conduct JOINT AND SEVERAL AGREEMENT: Property Owners agree that upon execution of this Agreement by E-Z, each of the Property Owners shall be Jointly and severally liable and that each is the agent of the other Property Owner for the purposes of specific changes, work order changes or adjustments to the original Agreement. LIMITED WARRANTY: E-Z warrants that the materials are of standard quality and E-Z shall transfer to Property Owner all Manufacturers' written warranties upon request. E-Z warrants workmanship for the period specified in the Specifications Section of this Agreement. Within such warranty period, THERE ARE NO OTHERWARRANTIES EXPRESS OR IMPLIED, AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY This warranty inures to benefit and IS enforceable only by the Property Owner E-Z is not liable for incidental or consequential damages, No warranty exists until the Agreement price is paid in full. The manufacturer does offer a limited warranty on material sold and any and all claims by Property Owner for breach of that warranty of any type must be brought directly against the manufacturer. Property Owner hereby waives any and all claims for breach of manufacturers' warranties against E-Z and will be supplied with the warranty information from the manufacturer after payment for the complete work. A specimen copy of the warranty by the manufacturer is available upon request. E-Z is not responSible for any damage below the roof due to leaks by excessive wind of 60 mph, ice-<Jams, hail, any other damage caused by storms, preexisting or future construction defects, or lack of maintenance during the period of the warranty E-2..Ceneral & Roofing Contractors,lnc 4751 NE 10th Avenue Oakland Park, FL 33334 Office: 954-418-8640 Fax: 954-418-8650 ~1)u 't Settk jM .leu . SEVERABILITY: If any provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall continue to be valid and shall be enforced to the fullest extent enforceable by law. ENTIRE AGREEMENT: This Agreement contains the entire Agreement between Property Owner and E-Z. This Agreement supersedes all other written and/or oral Agreements, Any dispute or controversy between the Property Owner and E-Z as to this Agreement shall be govemed by the law of the State of Florida. THIS DOCUMENT CREA TES IMPORTANT LEGAL OBLlGA TlONS THA T YOU SHOULD UNDERSTAND PRIOR TO SIGNING, IF YOU ARE UNCERTAIN ABOUT YOUR RIGHTS OR OBLlGA TIONS UNDER THIS CONTRACT, YOU MA Y WISH TO CONSUL T AN ATTORNEY. Mold, Algae or Fungus: Owner understands and agrees that Contractor is not liable and agrees to hold Contractor harmless for any damage to person or property which may result from or relate to mold, algae, fungus or bacteria in or on the premises, Contractor is not licensed to assess or remediate mold or any toxic substance, and Owner assumes all responsibility for identifying, assessing and remediating same, Owners acknowledge receipt of a completed copy of this Agreement on the date written below, I/We have read, understand and accept the terms included on the front and back of this Agreement. Cost: $ Guaranty Terms: ONE YEAR Terms: Down Payment: $ Balance Due Upon Completion of Job: $ IN WITNESS WHERE OF Buyer(s) acknowledge receipt of a completed copy of this Agreement on the day and year written below. IfWE have read, understand and accept the terms included on the front and back of this Agreement Approved by, Signature date: _1_1 Approved by, Signature date: ~_I If Approved by E-Z, Sales Rep Signature date: _I TROPICAL GLASS & Construction Co. Certified General Contraetorf010159 7933 NW 7th Avenue. Miami. Florida 33150-3298 DADE: 305. 757.0851 BROWARD: 954 462,3711 FAX: 30S.7S8.2967 www. tropic.alglassmiami.mm Date: 19-Mav-ll Caller: Ms. Helen Krantz TItie: Prom Manaaer To~ ReI P.intina a. WatellW'OOfing Work_: 954. 8.1213 +100 NW 19th Ave., Suite K Cell#:: Pompano Beach, FL. 33064 Fax#: 954.978.9192 E-Mail: hele~il.ltlnCl.com praaosal RE: NON-IMPACT Storefrvnt A. To furnish and install one 36"XB4" +/- "ARCH" dear anodized aluminum door, wIth framing, three butt hinges, standard push / pull handle, lock, 1/4" dear tempered glass, and all necessary hardware. B. To furnish and in5talll/4" dear tempered glass, utllizing 1 3/4"X4 1/2" +/- "ARCH" clear anodized aluminum framing, adjacent to door in paragraph "A", as follows; a.) Two areas, 4'X9' +/-, with one horizontal mullion. b.) One, 3')(2' +/-, transom. C. To furnish engineered shop drawing and permit. D. To furnish and inst211 one 22 gauge steel role down gate, U'4"X10' +/-, in front of the storefrOnt. Permits included with storefront permit I ! $ $ 5}230.00 1,845.00 $ 4,860.00 E. OpenIng preparation and finishing by owner. F. Tota.l labor and materi.l&n......".,""I.............~'"....."'....n...,....f....,...u $ 11,835.00 Terms: G. Deposit due upon approval of this proposaL....., ................ H. Payment due upon installation of framing.......... ........... I. Balance due upon installation of glass ....................., ....... $ $ $ 5,000.00 5,000.00 1,935.00 Ms. Helen Krantz, Projed M.n.ger Tropic:al Glass. Construction Compllny Quote by: Gene LomBndo, 6enel1ll1 Manager i i TERMS; .... AlL DEPOSfTS AND CREDIT CARD CHARGES ARE NON-REFUNDABLE'"" INTiRiST OF 1.~ AI'PLIED TO AU OUTSTANDING INVOICES. ATTOl'NEYS FEES AND COSTS WILL BE ADDED 10 COST OF COI,.LECTION. ALL I't1ATERIALS REMAIN PROPE;RTY OF TROPICAl. GLASS" CONsmUeTlON co. UNnL FUll.. Y PAlO FOR I I , r-i'I-r..,r"'\ -U-4r'\ T In'\J I JOC70rJrnC T().....T TTn7JCi/r"".f""J ANTEQUERA ENTERPRISES tHe 5140 NW 7eTH PLACE POMPANO BCH. FL 33073 PH: 954-818-2729 FAX:954-425-0503 .Em ail: RAPHAeLQAEICGC.COM Bill To: MARCEL ROSEN RCI PAINTING PH: 954-978--1213 F: 9-978-9192 <4400 NW 19th AVENUE SUITE K POMPANO SCH, FL 330&4 Page: 1 Estimate Number: E684 Date': May 22, 2011 Ship To: MARca ROSEN Rei PAINTING & WATERPROOFING PH: 954-978-1213 F: 9-97S.9192 . 630 INDUSTRIAL AVE BOYNTON BCH., FL 33426 PO Number ' Tenns Sales Rep Code OOES84 LABOR &MAT. OSCAR AR E584 L-..."...._ Description Amount f--._.. ..... .._- NEW STOREFRONT OPENING (NON IMPACT STOREFRONT) 3,910.00 01 3' X 6' 8. SINGLE ALUMINUM OUTSWINGING STOREFRONT DOOR WtTH A FIXED TRANSOM ABOVE 02 4' X 9' LITE FIXED STOREFRONT WINDOWS I SIDELlTES TO ABOVE DOOR NEW STOREFRONT OPENING (IMPACT) $ 5,520.00 NEW ELECTRIC ROLL DOWN SHUTTER 4,945.00 120. X 108" OPENING... SHUTTER TO BE 129" X 118" ACTUAL SIZE ;alor White - Slats, oox and Jambs, ALL WHITE - Motor Location and Position of etectric to be determined, ~ Customer responsible for Electrician and Building Permit, - We will supply engineering for Pennit . and Also Supply 01 Key Switch for Outside Operation , ~tlant,~ WINDOWS & SHUTTERS ESTIMATE LEG,\L OWNER OF PROPERTY JOB NAME ReI JOB PHONE 954-976-] 213 JOB STREET N; A CIT" POMPANO BEACH FL 33064 Window'" French & Sliding Glass Doors Humcane Shutters'" Shower Enclosures Pool & Patio Screens '" Sales & lnstallation PROJECT TlTLE STOREFRONT & ROLL-UP FAX 954-978-9192 '\TTN HELEN 13155 SW 87 Avenue Miami, Florida 33] 76 Phone: 305-233-8886 Fax: 305-233-5534 Date: 05/19/11 SUPPL Y AND INSTALL IMPACT STOREFRONT DOOR & SIDELIGHTS AND TRANSOM AND ROLL-UP SHUTTER FRAME COLOR' WHITE GLASS COLOR CLEAR ] - ] 36 x ] 08 SINGLE DOOR & TWO SIDELIGHTS & TRANSOM -- PER ELEV SUPPLIED DOOR & FRAME WITH HINGES THREE POINT LOCK SYSTEM KEY CYLINDER PUSH PULL & INT THUMB TURN SURF ACE MOUNTED CLOSURE WITH DROP PLATE GLASS 9/16 CLEAR LAMINATED ~ f---- L-~------~-- r-------------~---. ~- - ,~- - -WfAL.-$6i48~oo~----- r- ] -~~ -1~~-~~~ ROLL- ~-~~;;;~ WITH UN~~: CRANK----~- r--- MOTOR WITH OVERIDE-----~------ L-___ _ __~____.___,___~_____._ TOTAL $ 4338,00 SUBTOTAL $ 10486.00 TAX $ 73402 -------- TOTAL $ 1122002 i I~ --- I I---.-.-----.------.-.'-'---...-_u r--~~~---. PERMIT FEE NOT INCUJDED , PERMITS BY OWNER UNLESS OTHERWISE STATED NO WINDOW CLEANING, NO ELEC1RICAL WORK. NO PAINTING Note: This is a labor contract. Payment is due upon delivery unless otheIWise noted in body of contract. Materials will be invoiced upon shipment from this company's warehouse. Delivery and/or installation may be withheld for the convenience of customer, but this in no way affects date of invoice for materials, In the event that the amount herein shown is not paid when due, interest at the highest legal rate per annum shall accrue on amount outstanding. All costs and collection fees shall be paid by customer including reasonable attorney's fees. Title to all goods delivered/installed shall remain the property of Atlantic Window & Shutter, until contract is paid in full, and purchaser waives all rights to homestead or other exemptions under state law, By _______~___ __ Legal Owner By Atlantic Windows & Shutters Atlantic Window & Shutter shall not be responsible for delay 10 delivery resulting from strikes. labor difficulties or acts or events beyond its control This contract is your guarantee; for a period of one (1) year labor and materials, some products carry an additional extended manufacture warrantee. Buyer has the right to cancel this contract within three (3) business days of date hereof In which event the deposit paid will be refunded to customer less any fees paid for restock with manufacturer i!JlIi! Industries~ Inc. Professional Landscape Irrigation Specialists 242 Southwest 5th Street Pompano Beach FL 33060-7906 (954) 782-2370 (561) 852-2350 (877) 783-0756 Fax: (954) 941-3362 lProposaf CR.CI CJ'ainting ~ Waterproofing jIttn: :Marce{ CJWsen 630 Industria{jIvenue (}3oynton (}3eac/i, pCorUfa :May 4, 2011 Specifialtions: (!l!J (2) 1")l1AB CBaciflow C}lrevention. (!l!J Cross-Connect to pu6{ic water suppfy as per wca{ 6uitaing codes in two wcations. (City Water :Meter) (!l!J 2 gate varves for emergency irrieation isoCation. (!l!J (2) 1" Irritro{ 24v. P,Cectric SoCenoid Com 60 o/a{ve. (!l!J (])irectiona{ CBore under concrete driveway. (!l!J +1- 20 '}{unter CJ'S CJ'op-up :Mist '}{eads. (!l!J (2) P,Cectric Controllers - '}{unter So/C 100 (!l!J P,CectrU: service ane 6etween controller and soCenoid varve. (!l!J <Jqlin Sensor ((j{f!quired 6y Code). rr'renc/ies wi{{ 6e appro~mateCy 12" deep and 4" wide, so damage to Iilrufscape wi{{ 6e minimal :J{orma{{y tlie grass wi{[ grow 6ack. togetlier in 3 - 6 wee~. CBaclifi{[ for trenc/ies wif{ 6e tlie same materia{ t/iat is e:{cavated from tlie trenc/ies. (])in wif{ 6e 6aclifiJfed as muc/i as possi6fe, 6ut some may 6e inevita6Cy Cost in t/ie tuif. In new construction, wliere grading lias recentCy 6een perfonned, e~ess file may 6e present. (}3ringing in more file, removing e~ess fill, removing roc~ t/iat may 6e e~avated during t/ie trenc/iing process, or replilcing sod, muCc/i, or decoratt've Iilrufscape roc(is not incCuded in t/iis contract. S/iouft.{ any of t/iese items 6e deemed necessary, tliey s/ia{{ 6e done at tlie owner's e~ense. jIdditiona{{y, (}3 ~ 1{Industries, Inc. is not responsi6fe for any Coss of pCant materia{ due to irrilJation instaffation. )Iff pipes meet t/ie PwrUfa (}3uilifing Code. Cl'ipe wi{{ 6e S(])1{26 crass 160 We. :Main ane s/ia{{ 6e Sc/iedufe 40 We. P.Jcact amount of fieads wi{[ 6e determined at time of instaffation and 6e 6ased on avaiCa6fe water suppCy and pressure. lPdtJe 1 of J Initials 71ie fast page of tfiis proposaf, page three, lS a utiEi~y aad'endum. when referring to thi~ proposal' the tenn proposaf, contract, aaaendum sha{[ 6e one and'the same. One may not 6e acceptea wltflOut the other or vue versa, CBy accepting one you accept a[[ tenns, conditions, aaaenaa, ana work appertaining, 'No worftor scheauEing sha[[ commence prior to issuance of pennlt, ifneeaeti; fOcating, marking and dearance issuea 6y unaergrouna utiEities; and recelpt of si.{jned contract. 'Wa7Tant;y: jf1[ parts and fa60r are guaranteea for one year from the aate of compt:etion. }I manufacturer warranty on aefective parts covers a perioa of one year from aate of insta[fation. 71iis warranty expressfy eXf[udes aamage causea 6y acts of qot!, vehict:es, vanaalism, filwn equipment, fanascape insta[fation or any improvement project uru/ertakgn 6y tfie owner or in their 6eha(f Cost: 'We propose to provUfe materiafs and fil60r for.tfre insta[fationof the a60ve referencea irrigation system for tfie sum of 'Two rtIiousa1Ufq'hru Huntfmf!N"mety'lolfars ($2390.00) (]Jayments are to 6e maae as fo[fOws: 40% wi Signea Contract I 60% upon compution Interest charges of 1,5% will be added to past due balances, Customer agrees to pay for any and all costs of collection including but not limited to those related to costs of filing a claim of lien, attorney fees and court costs B & R Industries, Inc, shall retain the right of ownership to all materials and supplies included in this proposal until final payment has been accepted, and wilt be held harmless for any damages resulting from the removal thereof .ft.captana: 71ie aforementionea price, payment terms, specifications ana conditions are satisfactory ana are here6yacceptea. (j3 e;l CJ{.Industries, Inc. is authorizea to perfonn the worftas specifiea. ((]Jt:ease Si.{jn in the space provUfea and I nitiol (]>revious (]Jages in 60ttom rigfit-hana comer.) ~ (l)ate: Due to the volatile petroleum market, and most irrigation components being petroleum based, this proposal may be withdrawn if not accepted within 60 days. Installation shall be performed within 120 days or we reserve the right to adjust price accordingly to meet fair market value. (}Jane 2 of 3 Utility Addendum Sunshine State One Call of Florida, at no additional fee to you, will be contacted to locate all incoming public utility service lines. These lines include, but are not limited to, gas, electric, cable, fiber optic, telephone, traffic and water. They will only locate the path from the easement to the service connection. In addition to public utilities, there are many additional private utilities such as wires, cables, and pipes that may be present that Sunshine State will not mark. As such, it is the customer's responsibility to provide information regarding all underground wires, cables, sewer lines, water lines, septic tanks, gas lines, electric lines, exterior light lines, telephone lines, cable TV lines. While both these services are helpful, these locations are not absolute and there is a margin of error. Additionally, at times, even knowing the exact location of a pipe or wire does not prevent damage due to the necessity of digging through tree roots, rock, and compacted subgrade. In any event B & R Industries, Inc. will not be responsible for any damage or repair to an underground utility, public or private. The Customer hereby agrees to indemnify and save harmless B & R Industries, Inc. and its officers, employees and agents from any and all costs, claims, and damages to an underground utility of any type or kind, resulting from or caused by, directly or indirectly, the installation or repair of a landscape irrigation system or anything which is in any manner connected with the permission herein given. x (]Jate ~e 3 013 SUNNYLANO IRRIGATION 3114...5'" STREET, SUlTE 7 WEST PAlM BEACH. Fl 33407 (581) 686-24<JO (561) 897-8927 Fak www.sunnVlanditri9ation.com DATE: MaY'9, 2011 JOB NAME: 630 Industrial Avenue. Boynton Beach IRRIGATION PRICE: \ 51,581,00 Lanas~e Plan PrOVided By: Tropical Landscapers PLAN: WATER SOURCE 1- Meter MA TERJALS INCLUDED IN THIS PROPOSAL; Rainbird 4" Mist Heads Krain Indexer Schedule 40 Mainline Schedule 160 lateral lines Schedule 40 Sleeves Krain Controller Rain Sensor Or e aJ substitution of Hunter. K-Rain. Tom & IrritroJ lor heads valves etc. If Bogavilla along North property line requires irrigation add $450 to the above rice. i --1 E)(c:lusiol18: -City Water Meter -Electrical Equipment & Wiring of Clock AeceDtance: SUMyland IrriGBfjOt'lI& hereby authotlzec 101umish .11 labor end materials to complete the work at; outlined in tI1e above contraCl prO,:lDSal. For which 1he Client 8grellslo pay the amount shown 8S the total fees. In addition, snould Bny litigation be ;nslJtuted to enforce or inletpret this contract. I agme that the prevailing party shall be enli11ed 10 reasOfIable attomey fees and COsts at both appeal and trial18llels. Client's Signature Date Sunnyland Irrigation Date Company Name This Proposal is valid for 30 Days \ ANTEQUERA ENTERPRISES .He \ 5140 NW 76TH PLACE \... POMPANO BCH. FL. 33073 PH: 954-818-2729 FAX:954-425-0503 :mall: RAPHAElGAEfCGC.COM .Bilt To: MARCEL ROSEN Rei PAINTING PH: 954-978-1213 F: 9-978-9192 4-iOO NW 19th AVENUE SUITE K POMPANO BCH, FL 33084 Esti,mate Number: E679 Date: May 10, 2011 Ship To: MARQEl ROSEN Rei PAINTING & WATERPROOFING PH: 9540978-1213 F: 9-978-9192 830 INDUSTRIAL AVE BOYNTON 6CH., FL 33426 PO Number Tenns SalesRep Code OOE579 LABOR & MAT. OSCAR AR ES79 Description LANDSCAPING AS PER DROWlNG BY MARCEL ROSEN SPINKLER SYSTEM AS PER CROWING BY MARCEL ROSEN Amount ---,..----.-.- E.IIS INSURED AM) LICENSED IN THE STATE OF FLORIDA (4II2G ) , emMATE REcdRe '" DEPOCIT. 4NY ADDITIONALCHANclES FROM THE ORIGINAL ESnMAlE WIlL. BE CHARGe. 'AWl AS 11IE JOB PROGRESS. Total $5,245.23 . .,. 630 Industrial Avenue Color Selection Walls Accent COMlVIERCIAL FACADE GRANT R~INBOW COLORS, INC. d/b/a RCI Painting & \Vaterproofing ~~~~Y~Te~ eRA ill East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 14,2011 I X I Consent Agenda I I Old Business I I New Business Legal I I Other SUBJECT: Commercial Interior Build-out Grant to Rainbow Colors, Inc. d/b/a RCI Painting & Waterproofing SUMMARY: Rainbow Colors, Inc. d/b/a RCI Painting & Waterproofing is a business relocating from Pompano Beach, FL to 630 Industrial Avenue. It was founded in 1988 (located in its current Pompano location for 12 yrs) and is one of the largest painting corporations in South Florida specializing in condominium and homeowners associations. RCI employs over twenty people. FISCAL IMPACT: Project Fund Line Item 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve a Commercial Interior Build-out Grant for Rainbow Colors, Inc. d/b/a RCI Painting & Waterproofing not to exceed $15,000, CU1L/ Vivian Brooks Executive Director I I ,I II II II II II - - - - - , , I , , I I ~~~qY~T8~CRA _ East Side-West Side-Seaside Renaissance 2010/2011 Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Assistance Program Guidelines The Commercial Interior Build-out Assistance Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the CRA district. The program is designed to provide financial assistance to new and existing businesses in the fonn of a subsidy intended to reduce a business's initial costs associated with the construction and interior finishing of a new or expanding location, Applicants may be eligible for up to $15,000 to assist with tbe cost of commercial interior construction or renovations, The amount of funding is detennined by the number of jobs created by the applicant. Each full-time equivalent job created is worth $5,000.00 in funding assistance from the CRA with a maximum grant award of $15,000. Businesses applying for financial assistance with the cost of interior build out must receive City of Boynton Beach Development Department and Building Department building pennit approval. Proeram The Commercial Interior Build-out Program offers financial assistance in the fonn of a reimbursable grant to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the operating space. Items eligible for funding under the program are limited to: 1. Interior walls 2. Interior plumbing 3, Interior electrical system including lighting 4. HVAC system 5. Flooring The Commercial Interior Build-out Program funding may be budgeted annually and awarded on a first- come, first-served basis. All applications are subject to CRA Board approval. Making application to the program is not a guarantee of funding. EIi2ibilitv ReQuirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Interior Build-out Program: 1. The business must be located within the CRA District's Central Business Core, Federal Highway Corridor or Heart of Boynton areas (see attacbed map). Initials j R Page I of5 T:IPROGRAMS &. GRANTS\CommerciallnteriOJ' Build-out Assislanu ProsramlWeb formal ProlJram Guidelines II< Application\FY 2010-20J IIRevised 10, ] -10 Interior Build-OUl Assisl8JICe Program Guidelines,doc 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation fOT less than six months. 4. An existing business is defined as being in operation for a minimum of three years at the time of application. S. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have a proposed or executed multi-year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W-2 employees or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. The following businesses will be considered automatically ineligible for assistance under the Commercial Interior Build-out Program: a. Businesses that employ less than two full-time equivalent W-2 employees or 1099 contracted employees. b. Businesses who do not report employee's wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment" use. d. New businesses using a D/B/A that has been used by another business within the past twelve (12) months. Grant Terms and Conditions A commercial lease must define the landlord-tenant relationship and at minimum provide the following information: · A description of the space being rented including square footage and a drawing of the space. · Description of utilities that the tenant is responsible for. · Rental rate and deposits along with terms of lease and methodology for future rent increases. · Responsible party for interior and exterior repairs andlor improvements. · Insurance requirements. Initials i ~ Page 2 of 5 T:\PROGRAMS "ORANTSlCommercial Interior Build-out Assistance Propam\Web filnnat Propam Guidelines" AppJieltion\FY 2010.2011\1tevised 10.1.10 Interior Build-out AssiSlBDCe Proemn Ouicldines.doc L I Ii I II II II II II II II II II II . - I I , I I I I :1 I II II II II II - - - - - , , I , I I . Ability to terminate. . Consequences of default on the lease. The CRA reserves the right to approve or deny any Commercial Interior Build-out Program application and to discontinue payments at any time if in its sole and absolute discretion it detennines that the business will not further the goals and objectives established for the economic development of the eRA District. Procedures for ADPDcation and Approval Application Process - All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: · Completed and signed application. · Copy of all business and occupational licenses. · Copy of the corporate documents for the applying business entity. . Copy of executed multi-year commercial lease agreement. . Landlord SSN or Tax ill. · Business plan, including executive summary and three-year financial projections of revenues and expenses. . Two (2) years of audited tinancials and cotpOrate tax returns (for existing businesses only). . Two (2) years of tax returns for the owners of a new business. . Qualifications, experience and track records of business owners. · Copy of design and construction plans associated with the proposed improvements. . List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. Approval of FundlD.g Request - Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month and staff will notify the applicant and landlord of approval or denial in writing. Initials I~ Pagc30fS T:\PROGRAMS &. GRANTS\CommerciallnteriOl' Build-out Aasislallce Pqmn\Web formal PlOItlIm Guidelillcs &. Application\FY 2010-201 1 \Revised 10, I - I 0 Interior Build-out AssISIaIICe Prognm Guidelines.doc Site Visits - CRA staffwilJ conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Expense Reimbursement - This program is designed as a reimbursement grant. That is, an work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA wil1 provide reimbursement to the grantee upon submittal of a complete Reimbursement Request package. The property owner, or tenant if applicable, must complete the interior improvement project, obtain a Certificate of Occupancy (CO) from the City of Boynton Beach and submit for reimbursement within 180 days of the grant award. Failure to complete the improvements within the specified timeftame will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of: (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled cbeck, (2) Applicant shall warrant that all bills related to tbe Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and pennits, and (3) Application for reimbursement shall provide a minimum of four 3",,5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the ''before'' photos submitted in the Application and the "during" photos. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been perfonned and paid for !fiE the grantee bas received notification that the Grant Application bas been approved by the CRA. Any work completed prior to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Commercial Interior Build-out Assistance program will only honor new expenditures tbat have not been submitted under other grant programs. The Commercial Interior Build-out Assistance program may only be used one time in any five year period for anyone specific commercial unit or business entity. Businesses are limited to one Commercial Interior Build-out Assistance Program award. Grantees sball allow the CRA the rights and use of photos and project application materials. Initials ,4 e Pile 4 of5 T:\PROORAMS "GRANTS\CommerciaJ Interior 8uiJd-out Assisllnce Protram\Web fomllt I'loamn GuideliDes" Appll~ion\FY 2010-20111Revised 10-1-1 D Interior Build-OUl Assiltlnce Progmn GWdelines.doc I Ii II IJ II II II II II II IJ . - , I I I I I Reporting - By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting during the two years following complction of the project to verify that the required job I)ositions are properly fulfilled and maintained. For W-2 eligible employees. timely Florida Department of Revenue Employers Quarterly Report (UCT-6) for each consecutive quarter must be submitted. For !.olc proprietorships. partnerships, s-corporations, or any other entity that clect to pass through taxable income to business owners and the business owncr( s) are one or more of the listed employees for application purposes. an I040ES payment voucher or proof of electronic payment is required. Quarterly payments must be made before the due dates or any penalties for late filings must show as paid. If the business owner elects to file the 1040-ES annually. the CRA must rccelvc a copy of the filing no later than two weeks ailer the IRS deadline. If the business owner does not qualify for estimated tax reporting, an Estllnated Tax Worksheet from IRS form 1040-ES must be submitted along with the prior year's tax return (if not already submitted), For] 099-MlSC eligible employees. IRS Miscellaneous Income foml (1099-MISC) must be submitted annually to the CRA before February 28 of the following year. SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING r acknowledge that I have rcau and understand the Commercial lntelior Build-out Assistance Program Guidelines as set fonh ab()Vc.~:.~gree to comply with its content. ~ /" " ..,.:". ........ APPlic3miT~-::1~ .0> ____~rc~_Rryeo Pri}ltcd ~< c Date , .ct2f~ ;;//-e!. - /1/ (//)A/; A 'G --------.-~~J/~-,. .cant/Tenant's Signature __._Qfftilf-:f " to_~ p~~~ /l:p; Ca6~n ena 116 S'&na(v~<> /-I~ e y 0A-Ce~/-J_____.. p r, (n, (;dJ ~~".' Title .M~iL Date V() Title PageS 01'5 r 'PROGRAl\lS &. GRAl\'l 5 ,CommtJdallntcflllJ lluild-<lUl A5SI'>tdn"" Proglam\Wcb '<lllllal PH'glilm Guidelines & ApphclIlh1n'.FY 1010-20: i'.Rc",r;d IlJ. I-Ill IntenOl Build.o\l1 Ass;51anu PIO,;ram GUldl'lines.doc ~~~'tY~T8~ eRA Ii East Side-West S,de-Seaside Renaissance 2010/2011 Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Program Application (Please T)'Pc or Print Only - Use Additional Sheets If Necessary) Applicant Name: ..,Ita-red ~ em Phone:~ q7& Il.13 Fax: qs'-t Cf1~ q /q G. Email: l.11a.rc€.!e(..../fJA/.n~.n...CvIY.J Fed 10# GS--O??_'6c2.~ Time at Location: c7 Monthly Rent: ;3S; O()O Do you have an executed lease agreement: Yes1 No_ Landlord Name: rfi11#i ~Pr.e;~~ t~. Landlord SSN/EIN: 45- 1 ., 4, 1 Landlonl's ailing Address: - -.- .NW..._. Jr - PI/J1Vp ~ r.:/oy,' I , Was this business previously located at another site:Yes_ No...--' Dates: 1'11:/7 - 2()()O Previous B}Jsiness Address (if applicable ): 23'> atJQJ~bi 11/ y,;/ . Oterhi&{ ffe4Jt, -YlOthl'a. 3~D73 I New Business: Yes_ No V Existing Business: Y es v' No_ Square footage of existing location: ZS" O() $'" it- Square footage of new location: /';..;Ocf) .!'~{3t- initialS-&.. Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737.3258 Page 1 of4 I I, Ij It II II II II . . . . . t t I I I I I I I ;1 I II II II II - - , , , , I I III I I Type of Business: (.b,JII~ ~~ Number ofEmployees:~ __ Hours of Operation: e I tDt) "V11 - ~" f)!) Oi'l1 I Are you applying for grant assistance under any other program offered by the CRA: Yes I' No If yes, what additional programs are you applying for: ~ Are you receiving grant assistance from any other governmental agencies: Yes__ NoL Jfyes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that helshe 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 further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Program Guidelines. I understand that this application is not a guarantee of grant assistance. Should my application be appro\'ed, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality pro\;sion act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant pennission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application, I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application is found to be incomplete, it will not be processed. SUBMIS'SION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Initials ~R Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office 561-737-3256 Fax; 561-737-3258 Page 2 of 4 ~4_ ~ 1 . /lfff afJo/7elJr7 f'.r Jtjn4v"~ ~~;;;~- Applicant/Tenant's Signature ___5JIJ!!J~ __~ _ __ ___ Printed Name ~~ //~ /~ ?:- 6/e- ItPj-// Date '--'-- .'--- - ._~.._-- -------- , - " -- Title ,~~<</~----,. App~~{~i~. ~ignaturc - ~y _tJM~~ Printed Name .------l)a~! )-L_... - ......---T~/ J/ --- STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law 10 administer oaths and take acknowledgements, pcrsonally appcarcd;11M~ /&JSE~/ V~ct.. i~/-IA(!!Y~o is personally kno~n to me or produced as identificatiOn, and acknowledged - lIe/she exccuted the fu;CgOj~lg Agreement fbr the use and purposes mentioned in it and that the instrument is hislher act and deed. IN WITNESS OF THE FOREG.~OING, J h({;..::t.;y ha.'.ld a,lld official seal in the State and County aforesaid on this - I day of -r-:==-- _ _' 2o.il ...,'~ NOTARY PUBLIC My Commission Expires: SUBMISSION OF ^N APPLICATION IS NOT A GUARNTEI~ OF FUNDING Boyntoll Beach Community Rcde\.cJopmcnt Agency 915 S Federal Highway, Boynton B.:ach, FL 33435 Office: 561 -737 ,3256 Fax: 56] -737 3258 Page 3 of 4 00 d; ~ /? ___.__.____,.. I Date ~1'(9)1 /ll{';~/ ------ Tit~' ,.- ,-- . - ., , " Propel1y O",ller's Signature Date Printed I\;amc TItle STATE OF t'L COUNTY of-''3eb;..JIf!i-t) BEFORE ME. an officer duly autEorized ~ law to <}dminister oaths and take acknowledgements, personally appeared _ /!!q#J.Ct5 L (C-f!~t./J,_, who is personally known ~ or produced ______..____________ ____ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. 11\ WITNESS OF THE FOR, EG. OING, ] ,ht\. s.e.t. m,Y..hand and .official seal ill the State and County aforesaid on this / _ day of _..~} ~ , 20 /! . C ~'::ji -~-: NOTARY PUBLIC c-:&:f-A ..c x::- My Commission Expires: '~,,___..<,.1 SUBMISSIO~ OF Al\ APPLICATION IS NOT A GUAR..~TEE OF FUNDING Boynton Beach Community Redcvelopmelll Agency 9 J 5 S Fcdcnd HIghway, Boynton Beach, FL 33435 Ollicc 56 J -737-3256 Fax 56] -73 7-3258 Page 4 of 4 ~ ~- Property Owner's Signature In\ \(aeJa. Ro::.en Printed Name (0-\- l\ Date Mnf\a?f\ Title Property Ovo.l1er's Signature Date Printed Name Title STATE OF 'FLobDIf COUNTY OF .B.l2DtJ&J) __ BEFORE ME, an officer duly' authorized b~ law to fldminister oaths and take acknowledgements, personally appeared __ ..f!!!j(~_?A J:::.oSC".J . who is personally known ~ or produced as identification, and acknowledged helshe executed the foregoillg Agreement for the use and purposes mentioned in it and that the instrument is hislher act and deed. IN WITNESS OF THE FOREGOINGFY blllld and official ,ea1 in the State and County aforesaid on this / day of , 20.ii. tELENKAfMZ ~~ NOTARY PUBLIC My Commission Expires: SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Boynton Beach Community Redevelopment Agency 9]5 S Feceral Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page 4 of 4 ~ (/,~ I ~~ ~ 0 r's Signature cj AtIlt? ~ fflseN Printed Name IP /1 Il/ Date I I ;/;fchtfi ffYi Title L Propcrty Ov.ner's Signature Date Title Printed Name STATE OF I- L- O~I vA COUNTY OF .J?2R-OuJ4R.1J. BEFORE ME, an officer duly authorized by ~w to a~nister oaths and take acknowledgements, personally appeared __._(Z8~,{ C-f;:-__ .o~_____ , who is pcrs~own to me_.or produced as identification, allif acknowledgea he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOIl\G, I have set my hand and official seal in the State and County aforesaid on this / day of ~ _,20 II.... e/ tE1.EM KJW(12 MY COMMISSION . DO Il8884 \ EXPiReS: Sepl6mbe11', 20~3 lJoIIdedTlllu NotarV ~ u~ N~~- ('- ....._---Y My Commission Expires: SUB!\'HssrON OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Boynton Beach Community Redevelopment Agency 9] 5 S, FcdeJal Highway, Boynton Beach, FL 33435 Office 56J,737.3256 Fax: 561-737.3258 Page 4 of 4 Pro-Forma Income Statel11ent Rainbow Colors Inc For 2011 through 2014 (all numbers in $000) REVENUE 2011 2012 2013 2014 Gross sales $8,133 $8,377 $8,628 $8,887 Less Returns 0 $0 $0 $0 Net Sales $8,133 $8,377 $8,628 $8,887 COST OF SALES Beginning inventory $0 $63 $168 $314 Plus goods purchased / manufactured 448 462 477 492 Total Goods Available $448 $525 $645 $805 Less ending inventory 385 357 331 307 Total Cost of Goods Sold $63 $168 $314 $498 Gross Profit (Loss) $8,070 $8,209 $8,314 $8,389 OPERATING EXPENSES Selling Salaries and wages $1,240 $1,279 $1,320 $1,361 Benefits & Com pensation 81 $83 $86 $88 Advertising 13 $14 $14 $15 Depreciation 17 $17 $17 $17 Misc 8 $8 $9 $9 Total Selling Expenses $1,359 $1,402 $1 ,446 $1 ,492 General/Adm inistrative Legal & Accounting $4 $4 $4 $4 Transportation 106 $109 $113 $116 Disposal & Maintenance 8 $9 $9 $9 Insurance 128 $132 $136 $141 Rent 420 420 420 420 Utilities 39 $40 $41 $42 Licenses & Tax 89 $92 $95 $98 Office supplies 29 $30 $31 $32 Travel & entertainment 6 $6 $6 $7 Postage 1 $1 $1 $1 Equipment maintenance & rental 58 $60 $62 $64 Payroll Tax $0 $0 $0 Interest $0 $0 $0 Total General/Administrative Expenses $888 $903 $918 $934 Total Operating Expenses $2,247 $2,304 $2,364 $2,425 Net Income Before Taxes $5,823 $5,904 $5,950 $5,963 Taxes on income 1,863 1,889 1,904 1,908 Net Income After Taxes $3,960 $4,015 $4,046 $4,055 Extraordinary gain or loss $0 $0 $0 $0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) $3,960 $4,015 $4,046 $4,055 Rainbow Colors Inc Net Income: 2009 $688,763 Profit Mar in: 2009 10.00% What are Revenues after all costs, liabilites and taxes? I I $7~~~~43 I What are revenues after all costs? I 2010 I $1,045,343 How much revenues are profit? I 2010 I 9.34% Contribution Margin How much Revenues are left after varible costs? 3 ~~07:/o I I 2~~5~~/o I Gross Margin 2009 34.46% Degree of Operating Leverage: 2009 2.14 Return on Assets: 2009 1.80 Current Ratio: 2009 unknown Accounts Recievable Turnover: 2009 unknown Breakeven: 2009 $3,666,911 How much of Revenues are left after cost of production? I I 3~~011~/o I How much to fixed costs effect earnings? II ~o~~ I How efficient are assets? II ~~~~ Can all short-term assets cover short-term costs? I I un~~~~n I How much is left after short-term costs are paid? I $1,;g;,~23 I How much must be sold to cover operation costs? I I $3,~~~~764 I Risk Analysis for Rainbow Colors Inc Iication 70 25% 17.5 70 21% 14,7 Business Plan Score (50% of Total Score) 65 19% 12,35 73.15 out of 100 possible 80 16% 12.8 73.15% 85 12% 10.2 80 7% 5,6 95 25% 23.75 75 10% 7,5 75 15% 11,25 40 15% 6 Financials Score (50% of Total Score) 90 15% 13,5 130.75 out of 200 possible 85 15% 12.75 65.38% 0 20% 0 0 20% 0 70 10% 7 90 23% 20.7 90 22% 19,8 85 10% 8,5 Total Score I 69.26% I Scale: 90% - 100% = Exceptionally Well 80% - 89.99% = Better than expected 70% - 79.99% = Strong Stability 60% - 69,99% = Stability 50% - 59.99% = Passing 40% - 49.99% = Some Uncertainty 30% - 39.99% = Uncertainty 20% - 29.99% = Problematic 10% - 19.99% = Weakness 0% - 9,99% = Fault eRA BOARD MEETING OF: June 14,2011 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 May, 2011 and District Stats for Months of April and May, 2011. (Info.Only) SUMMARY: April 2011: Crimes - 65 Arrests - 7 Calls for Service - 1454 Mav 2011: Crimes - 88 Arrests - 11 Calls for Service - 1388 FISCAL IMPACT: Cost budgeted in FY 2010-2011 from Project Fund 02-58500-460 CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations- Downtown Vision and Master Plan RECOMMENDATIONS: Info. Only MAY 2011 Boynton Beach Police Department Year-To-Date Crime Comparison Report 2010/2011 CRA District CRIMES May-11 May-10 + /- Apr-11 + /- Y-T-D Y-T-D + / - 2011 2010 Criminal Homicide 0 0 0 0 0 1 0 1 Sexual Offense 0 0 0 0 0 0 0 0 Robbery 2 6 -4 2 0 15 25 -10 Aggravated Assault 3 6 -3 1 2 22 27 -5 Burglary 27 7 20 13 14 77 62 15 Larceny 55 31 24 46 9 183 168 15 Auto theft 1 3 -2 3 -2 9 10 -1 TOTAL 88 53 35 65 23 307 292 15 ~ '''W''_, jjI1i . . ' " May-11 May-10 + /- Apr-11 + /- Y-T-D Y-T-D + /- 2011 2010 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 -1 0 5 7 -2 2 2 0 0 2 7 8 , "I 2 0 2 5 8 -3 6 4 2 7 -1 28 26 2 0 0 0 0 0 0 11 9 2 7 4 47 50 ,,3 May-10 Apr-11 1388 148 -66 7301 111 7190 1240 1454 6/6/2011 I" : ~/09/t , 5116/111 I . eRA Police Team MONTHLY ACTIVITY REPORT MONTH: MAY 2011 ~ ^~~fi0'1~e'~;d,kug, b.u~s a@RtiR\llc;4~tlWfi?Jl~(inlt .lie elM. IDistr-iet ~' " l'E1ai}!@~S"9l!11kBl?f~~@I,4~q~~$e ta aat~&e\ip~€s~i:gtl~i0Q}, l1qt~alliW~r~t1?r~!fi.m~ilj~(hb~re0mpla:il1ts .' . , . . . . . ',".' .~i ,f!fuli.investigati0n with. €' AT ~dp'in. iRMesti.g~ti0D! wita. muniple age't.leies ,,~I~~~'tRe, S(;)QtlhEooeJiaJ~M~Mray.. @'.(!j~d~t1 irt!f.efej;e~lGe t@ pF(jsJi.tUti'@Fi,G0mpla4f1f~ J~5i~li~St, @'ci:an,.NVfiiin'~rtb,'\lagrants', ,~ifQ..tJj:~~.~~~~~ftm~ $),:'t';w~aii~~iteml- ' ~~~)~..t"t'..~.e.:l~.h~",," '~~.!~""'~'.~'~ ,... .~ .~, ~i; ~ . " '" , !1:4" . .. ' ~~~Jh~~~iif~ltl!!>1il~~' ~.! 1~. ., ~ ,Jii""'Rar.!'4~i.W..~~~~_~Jff~'l~i~e' ."n'fOl\~tQv~i!l$ims<p:~~.,ili,te~'ii~B~t: tt:l~th"e;t@,a~~N'sW."€jWli\l\m;tij;~W '~P5.~&r9'ls,:(;)n. N-t-attR1l, y,j;l~ig~~~ mnrtniacle\, W~lmantf€'0rlstr\Jatoj~'ij,s'~~, ElISIV.:elru1Plts~ S'eaga:te, aRc;\rMiFa~td'la C!ltgut@"liIkr.g!ames. ! I :4nlt working on numerous active narcotic investigations r r r I ~__L 0> -- -...l -- N o ..... ..... C11 -- N 0> -- N o ..... ..... "U "U :r :r o 0 :J :J CD CD ~ (") CD ~ en en Ql CO CD (") ii) .., CD C- O :r :J en o :J ;0 c en en ~ "U o c 0' :J -...l eN C11 I o 0> ..... N OJC/) -. "0 en 0 g 7' ;::;:CD -, 0' ^ Ql :T '< G) .., CD ~ O' 0- ;;. :T 3 Ql .., 5' Ql ~ CD 0- en ~ ("') 0 I o < CD 3 CD en "0 en Ql g:TC: CD CD ..... il--len ~"Q en CD Q'-g .., .., --lCD o c. cnm .., '< Ql :J C. 6" < CD en o c i 5' o 0 6::~ Ql tu '<,< OJ OJ o CD Ql Ql .....("') "U:r Ql Q) .., :J ~c. CD J N o ~ ~ o :::0 )> o o s: s: m z -I r- o G) J :) eRA BOARD MEETING OF: June 14,2011 I I Consent Agenda I I Old Business I I New Business Legal I X I Other SUBJECT: Small Business Development Program Survey Follow-up SUMMARY: CRA Board directed staff to follow-up, by phone, with the students of the 2010 Small Business Development Program that did not respond to the survey emailed to them on April 25, 201 I. The following is a breakdown of the results from the 133 students that registered for the 2010 Small Business Development Program: . 70 . 3 . 12 . 19 . 7 . 22 Did not reply (an initial telephone call was made 5/19/11 with a follow-up phone call on 5/25/11) Phone numbers disconnected Did not complete the class Did not start a new business Started a new business Had an existing business Of the 29 new and existing businesses: . 17 are home based businesses · 19 are located in Boynton Beach · 6 are not located in Boynton Beach · 4 are located in the CRA District There were 3 students in the process of opening their business, One student had opened and already closed their business (retail boutique), Several students decided to wait to open their business because they felt they were not well enough prepared and were grateful they took class before opening their business, The majority ofthe students felt that access to capital and marketing were the biggest challenges for their business, >}"'I "'1:;\, 30vNT-ON C RA \~~. 3 --E1 A C -H ... . . III East Side-West Side-Seaside Renaissance Types ofbusinesseslservices provided by the 29 new and eXIsting businesses are: . 1 Inspection Service . I Manufacturing of Herbal Products . 3 Professional Consulting Services . I Dermatology Office . 1 Carpet Cleaning . 4 lntemet Based Services . 2 Marketing Service . Appliance SaleslRepairs . 2 Hair/Beauty Service . Medical Billing Service . 2 Construction Industry . Mobile ServIce . 1 Concrete Resurfacing . Private Record Label . 2 Cleaning Services . i Accounting Fiml . I Assisted Living . Pet Sitting . 2 Web/Graphic Design The general consensus was that classes were very infonnative only 2 students stated they did not like the class eRA BOARD MEETING OF: June 14,2011 I I Consent Agenda I Old Business New Business Public Hearing XI Other SUBJECT: Press releases, media advisories and editorial coverage SUMMARY: Quarterly report of press releases distributed by staff and articles generated or associated with public relations efforts, (April- June, 2011) Included in this month's Board Packet is a copy of the CRA' s " FYI" newsletter (spring issue), distributed electronically and by direct mail, to residents and businesses in the CRA District. Press releases: 1, March 17: Boynton Beach City Commission Appoints Two Residents To The Community Redevelopment Agency's Governing Board 2. Apri115: Boynton Beach CRA Appoints Vivian Brooks As Agency's Executive Director 3. April 21: Boynton Beach City Commission Appoints Bill Orlove Vice Mayor 4. May 16: New Interactive Web Site Offers Connection to Boynton Beach's "Tropical Port of Fun" Articles: 1. June 1 : Sun-Sentinel- New Boynton Harbor Marina website 2, June 1 : Post - New Boynton Harbor Marina website 3, May 17: WJNO Radio - Boynton Beach competes to be included in Rand McNally-USA Today, "Best of the Road," special issue. 4. May 13: South Florida Business Journal - People On The Move: Vivian Brooks, new CRA Executive Director 5. March 18: Post- New CRA Board Members FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Marketing Department RECOMMENDA~IsN2InfOrmatiOn only ~ngDirector T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetinglFY 2010 - 2011 Board Meetings\06-14-11 Meeting\Public Relations and Media Coverage,doc 3QYNTON ..~ R!"A, <"\;'" .. 3 b~, A C 'H ,'"' _ East Side-West S',de-Seaslde Renaissance Media Contact: Margee Walsh CRA Marketing Director (561) 685-8883, ext. 204 walshm@bbfl.us IMMEDIATE RELEASE March 17, 2011 BOYNTON BEACH CITY COMMISSION APPOINTS TWO RESIDENTS TO THE COMMUNITY REDEVELOPMENT AGENCY'S GOVERNING BOARD Buck Buchanan Mark Karageorge Boynton Beach, FL - The City commission, sitting as the Community Redevelopment Board, added two Boynton Beach residents to the CRA Board at their March 9 meeting. Joining the CRA are James "Buck" Buchanan and Mark Karageorge, who were selected by the commission from a pool of 27 applicants, Buck Buchanan, who is originally from Pittsburg, PA, moved to Boynton Beach in 1987. A former Special Agent Supervisor with the Florida Department of Law Enforcement, Buchanan currently works as a consultant for law enforcement. He served as the Chair for the Greater Boynton Beach Chamber of Commerce, and is now a member of their executive board of directors. He said unity is the key with the new CRA Board and other governing bodies within the city. "The first order of business is to reinforce the partnership and communication between the CRA Board, Chamber of Commerce and City officials to better assist businesses located in the downtown area," he said. "As for projects, we have a great downtown master plan I'd like to see implemented and smaller, feasible projects for the Heart of Boynton" Buchanan's term on the CRA Board extends to 2013 Mark Karageorge, also a Pittsburgh, PA. native, is employed as a licensed CAM Property Management professional. Since his arrival in Boynton Beach 11 years ago, Karageorge continues to add to his long record of civic involvement, serving as a Greater Boynton Beach -cont'd- Chamber of Commerce Ambassador and a member of the Code Compliance board from 2007- 2011, Karageorge also threw his hat in the ring for a Boynton Beach City Commission seat in 2010. He wants to see the city bring in more businesses, revitalize the downtown area and MLK Corridor, and is a proponent of Boynton Beach's historic preservation. "Now that we have the new board assembled, we can move the City forward creating a better environment for the residents, business owners and visitors. Small steps lead to bigger ones," he shared. Karageorge's term on the CRA Board extends to 2015, Vice Mayor Marlene Ross and Commissioner Woodrow Hay, both of whom recently won re- election bids for City commission, continue to serve the seven-member agency's Board, led by CRA Chairman Mayor Jose Rodriguez, Other members include William Orlove and Steven Holzman, The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 acre district. For more information on the CRA, call (561) 737-3256 or visit www.bovntonbeachcra.com. ### Boynton Beach commissioners retain control of redevelopment board -- for now By JASON SCHULTZ Palm Beach Post Staff Writer Posted 949 pm Fnday, March 18, 2011 BOYNTON BEACH - Commissioners Tuesday night once again voted to stay on as the governing board of the city's Community Redevelopment Agency and bring on two board members from the community Commissioners voted unanimously to continue acting as the redevelopment agency's board and appoint two of the 10 finalists who applied for the board, James "Buck" Buchanan and Mark Karageorge, Commissioners said at the last meeting that the plan was to integrate the new members and then over time transition to the seven-member independent board originally planned, Commissioners did not select a date for that transition. Commissioners voted in 2009 to appoint an independent community redevelopment agency governing board with seven new members, But the process has been fraught with delays and debate since then Earlier this month commissioners changed their minds and voted 4-1 to keep themselves as board members and appoint two new members Because of that change, the re-organization of the redevelopment agency board must be approved by commissioners one more time at the March 1 commission meeting before it becomes official, said city spokesman Wayne Segal, Mayor Jose Rodriguez said at the last meeting when the board reorganization was changed that appointing seven new members now could hamper the momentum of the agency on several redevelopment projects, The redevelopment agency oversees a roughly $6 million budget used to redevelop blighted neighborhoods in the eastern part of the city jason _ schulz@pbpost.com r r t (' I I ~J 1~~<tY~T8IRA . East Side-West Side-Seaside Renaissance Media contact: Margee Walsh eRA Marketing Director (561) 737-3256, ext. 204 WalshM@bbfLus FOR IMMEDIATE RELEASE April 15, 2011 BOYNTON BEACH CRA APPOINTS VIVIAN BROOKS AS AGENCY'S EXECUTIVE DIRECTOR Vivian Brooks, Boynton Beach eRA's new Executive Director Boynton Beach, FL - Boynton Beach Community Redevelopment Agency (CRA) board members made it official Tuesday night, April 12, appointing its Interim Director, Vivian Brooks, as the agency's new Executive Director, The board's decision to promote Brooks was unanimous. Brooks, originally hired by the CRA in March 2005, has served as Interim Executive Director since October. Her focus will continue to be redevelopment and on drawing people to downtown Boynton Beach by creating business interest and development opportunities. In her new role, Brooks will oversee all daily operations of the Agency, while interfacing with developers on improvement projects in the CRA District, such as the three going on along East Ocean Avenue. Those projects include Boynton Harbor Marina's entry feature, relocation and renovation of historic Ruth Jones Cottage and a new amphitheater in town square. "Vivian is a seasoned professional with extensive experience in operations management, planning and economic development," shared Boynton Beach Mayor and CRA Chair Jose Rodriguez. "Those credentials, combined with a great work ethic and leadership skills, is exactly what we need to take the Agency to the next level." -cont'd- Before joining the CRA, Brooks was Economic Development Director of Northwood Renaissance, Inc., where she managed the contract with West Palm Beach's CRA, guiding the Agency's development of over $34M in real estate projects. Brooks received her Master's Degree in Urban and Regional Planning, as well as her Bachelors of Arts degree from Florida Atlantic University. She is an active member of Urban Land Institute, the Florida Redevelopment Association and the American Institute of Certified Planners. The Boynton Beach Community Redevelopment Agency, established in 1982 under chapter 163 of the Florida Statutes, serves to encourage diverse redevelopment activities, stimulate economic growth, create a destination core and enhance the visual appearance of the community by eliminating slum and blighted conditions, promoting crime reduction and providing for affordable housing within the City's community redevelopment area, To learn more, call 561-737-3256, or log on to www.bovntonbeachcra.com. ### r ~~~cr:Y~e::RA iI East Side-West Side-Seas'lde Renaissance Media Contact: Margee Walsh CRA Marketing Director (561) 685-8883, ext. 204 walshm@bbfl.us IMMEDIATE RELEASE April 21, 2011 BOYNTON BEACH CITY COMMISSION APPOINTS BILL ORLOVE VICE MAYOR Orlove's responsibilities carry over to the Community Redevelopment Agency, where he will sit as the new vice chair 11"-!~ .. ~. i IIIlIIJ }1/-, Y'f" ' ~ ..,~.j tJ I I ' ~ Boynton Beach, FL. - District I Commissioner William "Bill" Orlove was sworn-in as Boynton Beach's Vice Mayor after being elected by his fellow commissioners at the April 19 City Commission meeting. Comm. Orlove replaces Dist. IV Comm. Marlene Ross as Vice Mayor. He also assumes the position of Vice Chair of the Boynton Beach Community Redevelopment Agency (CRA). Elected to the City Commission in 2010, Vice Mayor Orlove served on the city's parks and recreation advisory board for nine years, four of them as vice chair, and is a proponent of enriching the Boynton Beach community through the arts and historic preservation. Vice Mayor Orlove began his career in 1989 as a reporter for the Boca Raton News, primarily covering the state, appellate and federal court system. He also served as a legislative assistant for a Florida state representative and since 1993, has held varies professional educator positions. Orlove is currently the Director of Communications for the Jewish Federation of Palm Beach County. Originally from Chicago, Orlove has lived in Palm Beach County for over 20 years and 13 as a resident of Boynton Beach. He earned a bachelor of arts degree in honors communication from the University of Michigan and his master's degree in journalism from Northwestern University. (' I I ~ The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1 ,650 acre district. For more information on the CRA, call (561) 737-3256 or visit www.bovntonbeachcra.com. ### J~.~~qY~Te~ eRA . East Side-West Side-Seas'lde Renaissance Media contact: Margee Walsh Boynton Beach CRA Marketing Director (561) 737-3256, ext. 204 WalshM@bbfl.us FOR IMMEDIATE RELEASE May 16, 2011 New Interactive Web Site Offers Connection to Boynton Beach's "Tropical Port of Fun" [BOYNTON BEACH, FL,] A just-launched interactive website from the Boynton Beach Community Redevelopment Agency (CRA) provides an online tour of Boynton Harbor Marina's amenities, services and activities. BovntonHarborMarina,com is dedicated to South Palm Beach County's "exciting new waterfront hub," elaborated Mayor Jose Rodriguez and CRA Chair. "We're providing easy-to-navigate insights on where locals go in Boynton Beach to enjoy incredible waterfront dining, all-day fishing charters, jet-ski rentals, events and downtown shopping," he continued. "It's a dynamic avenue to connect residents as well as national and international travelers to our vibrant destination." Separate sections on the website provide information on fishing and diving charters; boat and jet ski rentals; hiking and shopping areas; special events and available dockside services. Links connect to Marina businesses and residential options. (' r (' r Located just one-half mile south of the Boynton Inlet, Bovnton Harbor Marina was purchased by the eRA in 2006 to optimize public access to the city's waterways. ,. : /1'. "-("~I: .4- LrJ.... - I / The area is undergoing a four-phase, $6-million renovation project designed to modernize and expand the scope of the Marina from a fishing/boating facility to what Rodriguez described as "a pedestrian-friendly, downtown destination with dining, shopping, business and entertainment attractions." 2 New Bovnton eRA Website - Already complete are the slip renovation and fuel dock replacement phases of the CRA program. Phase III --- an Ocean Avenue entry feature with open green space --- is scheduled to be completed and opened in July. The final step in the renovation phase will add two additional open green spaces; a water/art feature; fuel/tackle shop; and restrooms. :;; ~t ..... -~, ,l w. 6,," 1;' ~_....~' Commissioner and CRA Board Member Woodrow Hay, whose District II includes the Boynton Harbor Marina, sees the Marina's new website as an important informational tool. "Our marina renovation project is an integral component of the Boynton Beach Downtown Master Plan and has been identified by Palm Beach County's Overall Economic Development Program as one of four 'Marina Villages' under the County's Strategic Economic Development Plan," shared Hay. "The new website is a great resource for viewers to stay informed on our progress, both locally and as plans move forward with the County." The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650-acre district. The organization focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. For more information on the new website or CRA programs and activities, call Margee Walsh at (561) 737-3256 or visit www.bovntonharbormarina.com ### 3 Boynton eRA showcases marina through new Internet feature Sun-Sentinel, Mike Rothman, June 1, 2011 A new website is quickly gaining popularity and creating buzz about one of the city's most valuable assets, Boyntonharbormarina.com recently went live in an effort for the Boynton Beach Community Redevelopment Agency to get the word out to residents and potential visitors about what the marina area has to offer. City Commissioner Steven Holzman said the site's purpose is to increase pedestrian traffic to the downtown area and keep people there to shop and visit. "We are trying to increase bodies and visibility to the area," he said. Holzman said the site is easy to navigate with sections on dining and shopping opportunities. "It's just another resource in our repertoire to increase awareness of the area," he said. The CRA bought the marina in 2006 to bring ownership of the valuable property back to the city and create redevelopment opportunities, Margee Walsh, CRA marketing director, said the launch of the new website ties in with the CRA's continuing efforts to revitalize the downtown area, The new feature has sections for boat rentals, scuba, jet skiing, dining, shopping and even nature walks around the mangrove preserve. The site has a section on traffic to help residents who want to come out but don't want to be in the dark when it comes to parking their cars. "The website's purpose is two-fold," Walsh said. "To promote one of Boynton's beautiful natural resources as a desirable, downtown destination, and act as an economic development tool, highlighting small businesses working out of the marina and those located within the Marina District." Walsh said the Marina District includes Ocean Avenue, Boynton Beach Boulevard and surrounding areas. "We also included contact information of local Realtors for those viewers interested in moving to the area or opening a businesses," Walsh said. She said the marina area eventually would have completed a $6 million renovation. Slip renovations have been completed and the next project is an entry feature set to finish this summer. For information, call 561-737-3256 or visit boyntonharbormarina.com, Boynton Harbor Marina project key to downtown By ELIOT KLEINBERG Palm Beach Post Staff Writer Posted 912 am Wednesday. June 1 2011 BOYNTON BEACH - The city's Community Redevelopment Agency hopes a new interactive website will get people excited about the renovated Boynton Harbor Marina project. The marina is "a dynamic avenue to connect residents as well as national and international travelers to our vibrant destination," said Mayor Jose Rodriguez, who also sits as CRA chair Separate sections on the website - www.BoyntonHarborMarina.com - provide information on fishing and diving charters; boat and jet ski rentals; hiking and shopping areas; special events and dockside services, Separate tabs connect to Marina businesses and residences The CRA bought the property, about half mile south of the Boynton Inlet, in 2006 for $4,8 million. At the time, it was competing with the private sector and many developers who wanted to turn the area into just condominiums. The CRA then bought the rest of the area for $3.5 million, million renovation project that The site's now undergoing a four-phase, $6 would expand it from a fishing and boating center to a "downtown destination" with dining, shopping, businesses and entertainment. The CRA already has renovated boat slips and a fuel dock. An entrance from Ocean Avenue is set to open in July. The last phase will comprise two open green spaces, a fishing-themed decorative fountain. fuel and tackle shops and restrooms. The CRA and city leaders see the marina as a cornerstone of the downtown master plan for the city, working to polish its image while struggling with a 40 percent drop in property value since 2007 The CRA received $2 million from Palm Beach County as part of a $50 million countywide waterfront preservation bond. In 2008, the CRA hired consultants to help it put together the master renovation plan for the marina. It was approved in 2009, But about that time, the economy went downhill and the CRA found itself deciding to break up the project into phases. So far the slip docks have been renovated and reconfigured, going from 24 to 19 slips, which allows for the docking of larger boats. The CRA also bought fish cleaning stations, which have Bimini canopies over them, The goal is to have everything complete by spring of 2013. . Boynton wants to be Put on the Map http://www.wino.com/main.html News Radio 1290 WJNO Tuesday, May 17,2011 A local city is looking to be one of the best in America... Boynton Beach has been nominated in the Rand McNally-USA Today "Best of the Road" list. The atlas has for more than 150 years featured what's best on the highways and byways of America and is now focusing on smaller towns. If Boynton makes it, the city gets a visit from a panel of travel experts who will determine if it will be named as best in one of five categories. To vote for Boynton Beach, Click Here. J J People on the Move South Florida Business Journal Date: Friday, May 13, 2011, 6:00am EDT Government Vivian Brooks was appointed executive director of the Boynton Beach Community Redevelopment Agency. ~ ~ Boynton Beach commissioners retain control of redevelopment board -- for now By JASON SCHULTZ Palm Beach Post Staff Writer Posted: 9:49 p,m, Friday, March 18, 2011 BOYNTON BEACH - Commissioners Tuesday once again voted to stay on as the governing board of the city's Community Redevelopment Agency and bring on two board members from the community Commissioners voted unanimously to continue acting as the redevelopment agency's board and appoint two of the 10 finalists who applied for the board, James "Buck" Buchanan and Mark Karageorge, Commissioners said at the last meeting that the plan was to integrate the new members and then over time transition to the seven-member independent board originally planned. Commissioners did not select a date for that transition. Commissioners voted in 2009 to appoint an independent community redevelopment agency governing board with seven new members. But the process has been fraught with delays and debate since then. Earlier this month commissioners changed their minds and voted 4-1 to keep themselves as board members and appoint two new members. Because of that change, the re-organization of the redevelopment agency board must be approved by commissioners one more time at the March 1 commission meeting before it becomes official, said city spokesman Wayne Segal. Mayor Jose Rodriguez said at the last meeting when the board reorganization was changed that appointing seven new members now could hamper the momentum of the agency on several redevelopment projects, The redevelopment agency oversees a roughly $6 million budget used to redevelop blighted neighborhoods in the eastern part of the city. jason_schulz@pbpost.com The eRA continues to revitalize the downtown, recently launching a new website, www.boyntonharbormarina.com. for the Boynton Harbor Marina. This easy to navigate, interactive site is dedicated to promoting Boynton Beach's exciting waterfront hub and businesses along east Ocean Avenue. Discover where the locals go when looking for the perfect waterfront dining location or water activity such as jet-skiing or dive charters, There's even information on residential and retail opportunities for those interested in living or opening a business in this exceptional waterfront community. Nature Walk Bask in the beauty of unspoiled Florida along our nature walks enhanced by vibrant foilage & native wildlife. c Living Buy a condo or open a business. I Shopping That spec al gift or personal treasure is .Jvaiting or you in the shops along I thejwaterf ant and nearby downtown, I I .jyjng Discover the incredible beauty under the seas. I Fi51tiN~ Novices nd professionals alike 'can't r sist the allure of the Atlantic' bountiful Gulfstream ju t off the shore. Jet Skiing G it alone or double up with a fiend to experience Boynton Beach's waterways. n eeMtgY~M S~ "Jr nhne calendar for updates on the a~nu I Holdiay Boat Parade & other exciting activities. 1II!!I}l:Y;AI (?~RA Ii East Side-West Side-Seas'lde Rena'lssance Boating Cruise the picturesque Intracoastal Waterway and enjoy the sights or venture out to the scenic Atlantic Ocean. Dinine Sample the delicious specialties that have made Boynton Beach's waterfront and area restaurants so popular with critics & diners alike. Dockside Services Our convenient dockside service offers fuel for your craft and other supplies you may need! . . . ',",I'''''''-''':'-'l'Jf'''- f'(",lrl-' Iri-I"~ I,'-I(-~"I - ,. ~......,.~ JL (] _ ,.! I . l,,',_ i I [~ June brings the close of another busy winter season in South Florida, but activity continues in downtown Boynton Beach. Progress on capitol projects in the CRA district is quite visible, as renderings begin to emerge as graceful structures. Construction on the new amphitheater, located next Mayor Jose Rodriguez to the Schoolhouse Children's Museum is hitting a high note as bulldozers break ground and workers pour concrete for the new stage. Relocation of the historic Ruth Jones Cottage from its current location at 201 NE First Street to the SW corner of East Ocean Avenue and SE Fourth Street is on track and the unveil- ing of the Boynton Harbor Marina's new "lighthouse" entry way feature is scheduled for late July. Work on the Seacrest Boulevard Roadway Im- provement project is almost complete and Wal-Mart officials confirmed an October grand opening is scheduled for their new eco-friendly, boutique sized store located in Boynton Beach at 3625 S. Federal Highway. Go to www.boyntonbeachcra.com for a video tour of Boynton Beach's projects and programs. I Boynton Harbor Marina now has an easy to navigate, interactive website, I www.boyntonharbormarina.com. recognizing the Marina as your "Tropi- I cal Port for Fun!" Discover where the locals go in the Marina District for I the perfect waterfront dining location or water activity such as jet-skiing or I diving charters. There's also contact information for individuals interested in living or starting a business in or nearby this exceptional waterfront center. As the economy picks up, we're staying busy in Boynton Beach and new businesses are opening their doors at Ocean Plaza, Las Venta- nas and Sunshine Square. Be sure to stop in and say hello to Irene and I her staff at the re-opened Margy's Restaurant, located in the Promenade, I and we hope to see you and your families this year at Intracoastal Park to celebrate Boynton's annual Salute to Independence on Monday, July 4. I I Best regards for a happy and safe summer, Mayor Jose Rodriguez, Board Chairman SOCIAL MIEDIA - CRA CONNECTS WITH THE COMMUNITY Online tools implemented to engage with & inform the community include: - r-":= ..,....", flu 1m Two George's Restaurant Boat Club Park ~ Marina Entry Feature CRA Chair; CRA Executive DirectoJ Vivian Brooks; Jim Knight Ruth Jones Cottage Projec~ '1 Seacrest Boulevard Streetscape Project The Seacrest Boulevard Roadway Improvement project reflects ongoing revitalization in thel Heart of Boynton community. Take a ride north on Seacrest Boulevard and you'll notice , . thel area from Ocean Avenue to the C-16 Canal In Boynton Beach has a new look. The year-long beautification project, which began in June, 2010, was one of seven major ro~bway projects funded through the American Recovery and Reinvestment Act of 2009 in lPalm Beach County. The CRA and City worked to secure Federal stimulus dollars to su~port the $1.9 million roadway's revitalization, which emphasizes the local streetscape. , I I Th~ project includes: ~ * installation of raised medians with landscaping * resurfacing of the existing roadway * signing and pavement markings * public art by artists Debbie and Len Marucci will be installed on three corners of MLK Boulvard and Seacrest Boulevard * decorative street lighting and the installation of a pedestrian plaza at the intersection of Seacrest Boulevard and MLK Boulevard "Past to Present, " NE comer of MLK & Seacrest Blvd. 1N8_Fi · . ~_~[ID~~~'EffiiE1l1r.I'~'1~~[.l"'jII~..-j} .. c . 'llm'(il'Ii""I~ ~ ...: . -.. ..... ..... e liIm~~ .. ~----~-.-- . . . _ . . .. I ... ... "'''V.l'''''~I~r:Illt1']ln Agency welcomes new Vice Chair, Board Members and Executive Director Vice Chair Bill Orlove Board Member Buck BlJch:;m;:!n Board Member ~"~r'" K' ~r~nQnrnQ Executive Director \/i,';_..... D..__I......... "~flY~er:RA iIi East Side~West Slde~Seaside Renaissance 915 S Federal Highway Boynton Beach, FL 33435 "r~~ - ,4 .r~' ~...... ~ ~j_V -:~..c -' ( .;I':.J' ~",Y"'_ ..... ~~;:: "<'':::'" . ::P~'-~:~~_.' ~:c :"'" /-', ";~ /~/---. ". ~.- .-P / ____ ......;: ... ;"..; ~. - --- '... .. ,'''; -.... - - ~-~~- ~- ../....... ~ - -- ....--,-~._~~-- . ,"-. .....-~ ~~~--"" -- -'~-~--~-- ~ = ~~~--- --....~ ----::;- ~ ~ -" """"""- ~ .~...c- _""i"~ <.-........ -- .--.. , ~\,~ ~~~~ !t'2~_ c.ooc.LE MAP AND VIDEOS Of DOWNTOWN BUSINESSES ...whefe. ~ ~Is ~I PRESORT STANDARD U,S. 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JOj SAOJ. l\l apeJed leos - 6 ezUe5eAeJlX3 Aep!lOH - ( Jaqwa:laa la)jJew uado uMOlUMOa - Ol JaqwaAoN la)jJew uado UMOlUMOa - 91 JaqoPO 5u!nn] uoqq!~ aJnlea.:l NlU3 eupew - 'v'SJ. ;asn6ny . ~~~Y~T2~ICRA ill East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 14, 2011 I I Consent Agenda I X I Old Business I I New Business I I Legal I Executive Director's Report SUBJECT: Consideration of Design and Budget Options for Jones Cottage Tenant SUMMARY: At the October 12, 2010 CRA Board meeting the Board selected Sandra Gagne, The 201 Trading Post, as the potential tenant for the Ruth Jones Cottage at its new location, 480 E. Ocean Avenue. Staff, REG, and Kaufman Lynn representatives have met several times with Ms, Gagne to determine her space needs for a full-service restaurant. Attached is the conceptual interior design that Ms. Gagne and staff are recommending (Attachment 1). The budget for the interior build-out is only an estimate at this time as it has not been bid out with subcontractors. The relocation portion of the project is $340,000 which includes HVAC and one restroom (two are required by the City), the deck and canopy, The details of the windows, doors and interior layout are tenant driven based on her restaurant type and service needs. The interior improvements NOT included in the original design of the project are as follows: 1. A pass-through service window to the deck, 2. A walk-in cooler and mop sink area (additional footage to the building) 3. An additional restroom (required by City code) 4. A range hood with fire suppression system 5. A grease trap 6. Upgrade to electrical system 7. Built-in dishwasher and dish sink 8, Built-in display case 9. Quarry tile in kitchen area (required non-slip surface) 10. Non-porous ceiling surface in kitchen area. 11. Non-porous backsplash in cooking/preparation area 12. Built-in cabinet for beverage serving 13. Additional impact fees 14. Permit fees 15. Desig n fees The estimated cost of the interior build-out is $254,331, Other costs such as permit and impact fees and design fees are approximately $35,000. The tenant is requesting that the CRA pay for all of the construction and fees associated with the interior build-out. Ms. Gagne will provide light fixtures, furniture, small appliances and inventory. FISCAL IMPACT: Potential source of interior build-out funds are: Economic Development Grants remaining in FY 10/11 Commercial Fayade Grant funding in FY 10/11 HOB Line Item TOTAL GAP $ 36,300 $ 15,000 $170.000 $222,000 $ 67,331 T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\06-14-11 Meeting\Jones Cottage Tenant Options.doc ~) ~<tY~T2~ eRA 6 East Side-West Side-Seaside Renaissance CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDA TIONS/OPTIONS: Staff is seeking direction from the Board on the following policy decisions: 1. How much of the interior build-out cost should the CRA vs, the tenant be responsible for? 2, Should the tenant be responsible for repayment of any of the build-out costs if they do not pay any costs upfront? 3, Should the CRA have the right to lien the tenant's personal property within the property to secure the CRA's investment? 4. 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A1UOSBW - 17 UO!SJA!O {UO!S!A!Q AHJ sUO!l8JY!UI3 18.1;}U;}D i I i ~:)Bm!lS:tI :)~~png A.lBU!mn~Jd suondo lUBU~.l a~BllOJ S~UOr - VHJ q;)B~9 UO:)UAOg 110, 6 ilunf 'JUI 'UO!lJnlJsuo:J uukI uBwJml)l ~(JILJ:llI.L:;~O:J r r r , I _1 1[li~~Y~8~ eRA III East Side-West Side-Seaside Renaissance eRA BOAWl MEETING OF: June 14, 2011 I Consent AgeD<<Ja I X I Old Business I I New Business I I Legal I I Executive Director's Report I SUBJECT: Consideration of Design and Budget Options for 211 E. Ocean Avenue Tenant SUMMARY: At the October 12, 2010 CRA Board meeting the Board selected the Chussler Group, Oscar's Restaur,ant, as the potential tenant for 211 E. Ocean Avenue. Staff, REG, and Kaufman Lynn representatives have met several times with members of the Chussler Group to determine their interior space and site Iplan needs for a full-service restaurant. Attached are two potential interior layouts (Attachment 1), Because of kitchen, seating and site plan needs, the Chussler Group's preference is for layout Option 1. However, due to budget considerations, staff is recommending Option 2 as the preferred design', The conversion II of a single:"family structure to a restaurant use is the most intense use change for a structure. Also, given the age and construction of the building there are many building code requirements that must be instituted. Additionally, the building is proposed to get additional square footage, a new ffont and side porch to achieve a seating capacity of 150 patrons. The estimated Jonstruction cost for Option 2 is $811,531 and is only an estimate at this time as the project has not been hard bid (See Attachment 2), There are also design fees of $40,000, permit/site plan fees $20,ObO and county impact fees of roughly $37,000 bringing the total estimated cost to $908,53~. I Based on meetings, the Chussler Group can only contribute $50,000 toward the renovation project; mostly in kitcherl equipment, furniture and inventory. The CRA has $300,000 remaining in the budget for construction 6f the project which leaves a funding gap of $608,531. I FISCAL IM}),ACT: To be determined. I CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Vision and Master Plan I RECOMME~DA TIONS/OPTIONS: Staff is seeking direction from the Board on the following policy decisions: 1. H6w much of the interior build-out cost should the CRA vs, the tenant be responsible foh S~OUld the tenant be responsible for repayment of any of the build-out costs if they do nqt pay any costs upfront? ShlOUld the CRA have the right to lien the tenant's personal property within the property to secure the CRA's investment? S~ould the CRA structure this project as a small business incubator and base the rent on recovery of the build-out cost over a 30 year period with a 3% return? The ap,proximate incubator fee would be $2,600 per month, I ~ Vivian L. Brooks I Executive Director I 2. 3. 4. T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\06-14-11 Meeting\211 E Ocean Ave Tenant Options,doc Attachment 1 (' c: 'en cu c :e en 'ii :::J .... cu (.\, I/) -... ca (.) I/) o I r I I "... _ ~! ~~J~~ I 1_ '[l]~; i ~ l i~ii'9q - '" ~~~~ i~~ , !~:: ~. . !I!!libll - 'I ~ ,- i ~' g ,u i = ~<l:lt ~ : :;.:: .! ~ : I ~ c;) .' oi1i~5 1,111:"': ..< .p~;!S' ~ ' ; ~~ i1!1i!Ii!l <: .." le", le :! h' S~ .E~.2 ~ w il o , I I : /'.. ~ --t- O i ! tml . :! 'I - .. L~:'";- i ' o I I , i i I I i ---1 I i ---I i I i I i I i i i ~ ~i ;;1 W~l g, wi I I , i !I i . I , , I, ~u-. J n--....- -~. II << i I I ~--_.. IlIbl ' _..~ - ~ .... -- -.. .... -.. _J - ~ & ~ [ W .. in ~ i? u W .. :II ~ ~ <(. ,Efj ~.... 8 1'1;' ~ ~ i ..: !3 ~ rJj'~~<l ......... ~-=It: ~ ~ .:: I ~ i~ ~J 1--1 - co!_ , W'~~: hi !1~tJ~c:;> ......... ". . 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C Vi ;.? :r. c: v:. t:- v:, t:- v: c; ; :< ~ >0; o N g .C, o !!l .2 is. c '" 8 <) .< ~ <.> o N ~ ~ u c:: 0:: KL. oynton Beach eRA - 211 Ocean Avenue (Oscar's) Tenant Options Preliminary Budget Estimate K.\tIfMA:'\ I.Hi'\ C!)\'~Tnn"rlil\ Kaufman Lynn Construction, Ine, un" Q. 211"'1 General Clarifications (Bv Division) Division 1 - General Notes 1 We have not included the cost for Builder's Risk Insurance (Premium and Deductibles), 2 We have not included the costs for any permits (main building or sub trades), impact fees, etc, 3 We have not included the costs for materials testing or special inspector fees, 4 The costs for temporary utilities shall be paid for by the Owner, 5 Construction type, finish scheme, and overall layout are based on the Architect's Narrative Email dated June 1. 20 I 1, Division 2 - Sitework & Demolition 1 We have not reviewed an Asbestos Survey for the existing building, We have assumed that any asbestos abatement or hazardous material removal (i.e, lead-based paint) is either not present or shall be removed/disposed of by the Owner prior to our beginning of demolition, 2 ' We have assumed that the existing site elevations will generally be adhered to by the Civil Engineer when the design is completed. The new building additions shall match the existing building's finish floor elevation, The hardscaped areas shall match the adjoininl driveways and shall slope as required for positive drainage, Division 9 - Finishes 1 We have included a $2,000 allowance to provide repairs to the siding on the existing building. 2 All Interior Finishes have been included as allowances based on the Architect's Narrative email. Division 10 - Specialties 1 We have not included any interior or exterior signs, Dhision 11 - Equipment I We have not included any kitchen equipment, appliances, or stainless steel shelves/cabinets/work surfaces - To Be Provided by Ten Division 16 - Electrical 1 We have not included any reworking of the existing electrical service from the power pole to the electric meter, Our scope of work shall commence at the building side of the meter, 2 We have not included any low-voltage systems (phone/data, security, etc.). We will provide and install any conduit for these systems as shown on the drawings, 3 We have included a $5,000 allowance for a fire alarm system, We have included a 310,000 allowance for site lighting, 4 We have not included anyChandeliers, Ceiling Fans, or 'Upgraded' Light Fixtures - To Be Provided by Tenant. 5 We have included a $5,000 allowance for all low voltage systems, This Estimate I Budget costs and suggestions proposed by Kaufman LYlln are offered ill good faith with the understanding that it is the design professional's responsibility to illsure compliance with applicable codes and consistency with design intent. KL eRA BOARD MEETING OF: June 14,2011 (Tabled April 12,2011) I I Consent Agenda I X I Old Business I I New Business Legal I Other SUBJECT: Consideration of Recommending to City Commission of Reinstating Project Approval of Development Projects within CRA from P & D to CRA Board SUMMARY: When the CRA was governed by an independent Board, the Board had quasi-judicial approval of new projects within its boundaries, When the City Commission took over governance of the CRA, project approval reverted to the Planning and Development Board. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: N/A PRO/CONS: One of the pros of having new projects come before the CRA Board for initial approval is the Board's familiarity with the intent and goals of the CRA plans. Also, if a project is seeking CRA incentives, the Board can require that the developer upgrade the project design in exchange for CRA incentives, On the contrary, members of the Planning and Development Board have specialized expertise in fields of architecture, real estate, etc. that members of the CRA Board do not have, Also, by having the CRA Board and the City Commission approve the projects it would mean that the projects would be heard three 'mes by the same body which may be problematic legally. Vivian L. Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2010 - 2011 Board MeetingsI06-14-11 MeetinglProject Approval.doc eRA BOARD MEETING OF: June 14, 2011 I I Consent Agenda IX I Old Business I I New Business I I Legal I Executive Director's Report SUBJECT: Budget Prioritization Discussion SUMMARY: CRA staff originally estimated the assessed valuation drop within the CRA at 5%, The Property Appraiser recently released the initial figures and the drop is now estimated at 2%, While this is good news, the continued drop in assessed valuation presents a serious policy dilemma for the Board; with revenue being so scarce, how best to continue to spur redevelopment in the downtown area, Agency revenue for FY 11/12 is estimated at $6,644,897 and includes TIF, marina revenue, rollover funds and fundraising revenue, As you may recall, TIF is generated 60% by City ad valorem revenue and 40% by County ad valorem revenue, One of the assumptions in the draft budget is no change to the millage rate for either the City or County. Additionally, staff is recommending a small increase of $2 a foot to the rents at the marina slips. This is based on the fact that the CRA has invested heavily into the marina over the last four years, the rents are below the average for all other municipal marinas, the marina is full and there is a waiting list for the slips, The CRA operates under three funds, the General Fund for operating expenses, the Project Fund for programs and projects, and Debt Service Fund. The General Fund or expenses have been reduced by 3%, Staff is recommending adding back retirement benefits that were foregone this fiscal year, The CRA does not have a pension system but rather a 457(b) and a 401(a) plan. If all staff fully contributed to the 457(b) (unlikely) the total impact to the budget would be $59,033 while still maintaining a 3% reduction in operating expenses, Once the debt service, operating expenses and DIFA/incentive obligations are deducted from the revenue the remaining balance available for the Project Fund is $1,062,990, One major change to the Project Budget is that staff is recommending the elimination of CRA policing. Last year this was an expense to the Agency of $430,000, Staff's rationale for this recommendation is first financial and secondly, the reduction in noxious businesses within the CRA district (two strip clubs and one convenience store) has greatly improved the quality of life and image of the area making the need for additional police presence unnecessary, If the Board is in aareement with staff's recommendation. a decision is necessary at this Board meetina since the ILA reauires a 90 day notice to terminate, Until the area becomes more developed with an increase in visitors, residents and businesses as a result of CRA redevelopment efforts, staff believes the area can make do with the normal level ot service provided by the Police Dept. As the area develops, the staff will recommend the creation of a "Clean and Safe" program which is a comprehensive program targeted for downtown areas involving police and maintenance staff that deals specifically with issues relating to downtowns In the past when revenue was high, the Agency was able to fund many types of events, programs and projects throughout the entire 1,650 acres of the CRA. Now more careful consideration must be made prior to committing precious CRA funds, With this in mind, the project and programs that staff is recommending for FY 2011/2012 meet the following criteria · based on a focused area; Downtown, Ocean Avenue and Marina · are designed to produce visible results · build on previous projects and programs · geared to create a vibrant and pedestrian-friendly downtown · add to the economic vitality of downtown Boynton Beach · create a unique sense of place and brand The proposed project budget is a mix of capital projects and economic development and marketing programs and is for discussion purposes, Staff is seeking input from the Board to further refine Board priorities for FY 11/12, Attachments: 1 , Proposed Budget 2, Municipal Marina Comparative Analysis - 2011 3, Boynton Harbor Marina Rent Analysis - 2011 4, List of HOA's and Churches within CRA district 5, Research on other CRA's support of Churches and HOA's 6, CRA Schedule of Public Events 7, Heritage Committee Request for Event funding 2012 - $35,100 and 2011 Request - $35,100 and Actual Expenses - $14,280 8, Ocean Avenue Public Art Project Narrative 9, Marina Entry Signage at Boynton Beach Blvd/Federal Highway Narrative 10, Marina Redevelopment Plan Phase 1 B Narrative 11, Banner and Small Business Marketing Programs Narrative 12, Savage Creatures of Ancient Seas Executive Summary FISCAL IMPACT: To be determined CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDA TIONS/OPTIONS: ~ . . ,." Vivia , Brooks Executive Director Provide policy direction to staff on the project budget. 1 Revenues. FY 2011.2012 Estimated Tax Increment Revenue $ 5,356,565 Other Sources of Revenue Marina Fund Balance/Rollover Appropriation Special Event Fundraising Total Estimated Revenue Sources $ $ $ $ 943,332 300,000 45,000 6,644,897 Assumptions: 1, Assessed Valuations based on Property Appraiser preliminary estimates delivered 5/26/2011 2, City and County millage rates remain same 3, Above TIF revenue reduced by 3% true-up 4, Increase in Marina Rents by $2 ft, 5. Fundraising for Events T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\06-14-11 Meeting\Budget Workshop - June 14 2011.xls General Fund - OperatiRg Expense. - FY 2011-2012 T FY 2010-2011 Prop.sed IncrICDecr) vs Prior Yr Budget YTD I FY 201.1-2012/ Amount I % Change Salaries $ 558,207 $ 303,040 $ 578,563 $ 20,356 4% Benefits $ 70,405 $ 33,845 $ 132,691 $ 62,286 88% FICA Taxes $ 49,296 $ 23,685 $ 44,260 $ (5,036) -10% Buildinas & Grounds $ 313,980 $ 85,269 $ 313,980 $ - 0% Professional Services $ 160,000 $ 97,815 $ 100,000 $ (60,000) -38% Insurances $ 108,650 $ 84,527 $ 108,650 $ - 0% Office Rental $ 50,185 $ 41,000 $ 76,000 $ 25,815 51% Leaal $ 75,000 $ 43,313 $ 50,000 $ (25,000) -33% Contingency $ 75,000 $ - $ 50,000 $ (25,000 -33% IT Services $ 55,260 $ 26,393 $ 55,000 $ (260 0% Contractual Exp. (Minutes/Event Labor/Electronic Aaenda) $ 32,675 $ 5,150 $ 25,000 $ (7,675 -23% Travel & Workshops (meetings, conferences, mileaae) $ 24,650 $ 4,180 $ 15,000 $ (9,650 -39% City HR ILA $ 19,500 $ 14,758 $ 19,500 $ - 0% PhotoaraphY, Videos, Promotional $ 15,000 $ 10,185 $ 15,000 $ - 0% Office Supplies $ 15,000 $ 3,446 $ 10,000 $ (5,000 -33% Career Development $ 11,500 $ 100 $ 8,000 $ (3,500 -30% Memberships $ 7,005 $ 2,639 $ 5,000 $ (2,005 -29% Donations & Community Support $ 7,000 $ 1,185 $ - $ (7,000 -1 00% Business Development Collateral $ 7,000 $ 840 $ 5,000 $ (2,000 -29% Office Printina Costs $ 6,800 $ 1,894 $ 7,000 $ 200 3% Advertisina & Public Notices $ 6,700 $ 1,207 $ 5,000 $ (1,700' -25% Postaae $ 6,000 $ 1,184 $ 4,000 $ (2,000) -33% Cellular Phones $ 5,280 $ 2,472 $ 5,300 $ 20 0% Workshops $ 4,820 $ 2,500 $ 3,500 $ (1,320) -27% Deliverv Services $ 4,300 $ 610 $ 500 $ (3,800) -88% Bank Fees $ 2,750 $ 2,257 $ 3,500 $ 750 27% Subsciotions $ 2,300 $ 1,098 $ 1,000 $ (1,300 -57% Equipment $ 2,250 $ - $ 2,250 $ - 0% Books & Publications $ 1,600 $ 220 $ 1,000 $ (600 -38% Total $1,698,113 $ 794,813 $ 1,644,694 $ (53,419)1 -3%1 (a) (b) (c) (d) (a) New hires for existing positions one hired at salary mid- range, and second with additional responsibilities of economic development (b) Projected increase in medical and add back retirement (c) Elimination of Assistant Director position (d) New lease for 710 N. Federal Funding AvaitflbteforPr.* - FY 2111-2012 IRevenues - Estimated $ 6,644,897 I Less: Debt Service Sub-Total $ 2,513,013 $ 1,644,694 $ 926,700 $ 385,000 $ 40,000 $ 22,500 $ 50,000 $ 5,581,907 Operating Expenses Marina DIF A - Promenade DIF A - Cornerstone Wal-Mart Brownfield Payment Palm Beach County Regions Grant Refund Project Revenue - Estimated $ 1,062,990 T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\06-14-11 Meeting\Budget Workshop - June 14 2011.xls r $ 1,062,990 Estimated Cost 1 $ 212,990 2 $ 30,000 3 $ 4 $ 5 $ 30,000 6 $ 20,000 7 $ 45,000 8 $ 120,000 9 $ 50,000 1 $ 100,000 1 $ 420,000 1 $ 15,000 1 $ 20,000 $ 1,062,990 $ (' f I I I . I .. Special Events . Capital Projects o Economic Development 590;/0 Bard Member pro,lct Su estions 1 Bus Benches/Shelters for Federal Highway 2 Business Relotation Program 3 Savage Creatu}es of Ancient Seas Museum 4 Relocation Inc~ntive Program r- , T:\AGENDAS. 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E 0 0 Q) 15 , 0 CO I ca 5: S >- a:: z ..c (l) ~ CO 1 t ~ Q) u I I I 0 CO 0 Z ....J 0 CO 6 BOYNTON BEACH CRA FY 2011-2012 PROPOSED SPECIAL EVENTS :) I 2011/2012 2011/2012 PROPOSED EVENTS DATE PROPOSED I BUDGET I HOLIDAY EXTRAVAGANZA I PARADE TREE & DECORATIONS I CONCERT I I HOlliDAY BOAT PARADE sdynton Harbor Marina I I MAYOR'S CHALLENGE FA~IL Y FUN RUNIWALK DOWNTOWN AREA I I MOVIES ON THE AVE Ocea'n Avenue Amphitheatre I OCEAN ~VENUE CONCERT SERIES ocear Avenue Amphitheatre I I SUNDAY FAMILY FUNDAY I BOYNfON HARBOR MARINA I 14TH OF JULY SALUTE TO INDEPENDENCE \ntracoastal Park I I DOWNTOWN OPEN MARKET I OCEAN AVENUE AMPHITHEATRE I OCEAN AVENUE PIRATE EVENT I SATURDAY December 3, 2011 $20,000 $20,000 $60,000 Holiday Event Total $100,000 FRIDAY , December 9, 2011 $5,000 March 10, or 24,2012 $1,000 Friday, January 6, 2012, February 3, 2012, March 2, 2012, April 6, 2012, May 4, 2012 $7.500 'J $6,000 Friday, January 20,2012, February 17, 2012, March 16, 2012, April 20, 2012, May 18,2012 Sunday, October 9, 2011, November, 13, 2011, January 8, 2012, Febf~ar;y 12, 2012 Mareh 11, 201'2, April 8, 2012, May 13, 2912 June 10, 2012, July 8, 2012, August. 12, 2012 September, 9, 2012 $13,200 Wednesday, July 4, 2012 $75,290 Sunday, January 22,2012, February 26,2012 March 25, 2012, A ri122, 2011, Ma 27,2012 $5,000 Saturday & Sunday October 29 & 30, 2012 $45,000 BUDGETED AMOUNT FUNDRAISING TOTAL $212,990 $45,000 :) $257,990 - I ~-- - 1 7 Budget Outline Estimated Costs for Proposed Event Program: Heritage Awareness Celebration "Nigh! of JOY" tentative for: February 17, 2012 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 CDJ) Photographer (Photo and Video) Advertisements (Flyers and Programs) Decorations $ 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 Radio, TV, Newspaper, Posters Media Relations "MC" Facility Rental (Hester Center or Sims Center) TOTAL: $6,300.00 Advertisements (FIver and Proerams) will be an important way to inform the people about the Heritage Awareness Celebration 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 500, Decorations will be used to illustrate culture awareness and provide an ambiance for the event. Decorations will be used to beautify the facility hall such as tablecloths, chair covers, and center pieces (rental items). There will be approximately 350 people attending. The estimated cost is approximately $800. Radio. TV. Newspaper. FIvers and other forms of announcement will be needed. They will be to publicize the Heritage Awareness Celebration "Night of Joy" event. The estimated cost is approximately $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 $500, Facility Rental will be used to host the event. The estimated cost is approximately $400, 2 ~' Budget Outline Estimated Costs for Proposed Event Program: Heritage Awareness Celebration. tentative for February 18, 2012 Dramatic plays and dance (different cultures) Three (3) Inspirational Speakers Three (3) School Chorus and Groups Food and Water for 500 volunteers Zoo or Pet Animal Exhibit, Pony Rides Bounce House, 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 A wards, 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 "Me" 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 $] ,350,00 $1,500,00 $2,000,00 $3,400,00 $ 450,00 $ 700,00 $28,800.00 Heritaee Aw~reness Celebration 2012 Budeet Date: Tentative for February 18, 2012 Subject: Description or events at the '-'Heritage Awareness Celebration". 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. Dramatic Plavs 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 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 SDeakers 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 su~ceed in life. Emphasize encouragement of being successful while building a great community. The estimated cost is approximately $1,500, School Chorus and GrouD will display talents that are promoted at our local schools, They will offer infolll1ation 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. Food Vendors will also be. available. There will be approximately 2000 people attending. The estimated cost is approximately $500, Zoo or Pet Animal Exhibit will be used to teach tolerance and love for the animals. The exhibit will introduce children to care for animals whether pets, fann animals or wildlife, The estimated cost is approximately $500, Pony Rides are for the small children. 1 nl; ""'::;ltiren will experience the joy of riding a pony and educational purpose, They will also learn how to feed- antr-",,::,:'" for animals and how the pones are cared for on a daily base to survive. The estimated cost is approximately $500, Bounce House and Water Slide will be available fro the enjoyment of the small children under 8 years old, The estimated cost is approximately $1,250, 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 wiIlleam about different games from different cultures and countries. 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 OJ 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 approximately $1,500, Photoe:rapher 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 '5 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, Sie:ns 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 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 $1,500, Ground Decorations 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 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 $1,000, Double Dutch Jump RODe and Hula Hoops 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 Mae:icians 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 $500 for 8 hours. The estimated cost is approximately $500, Radio. TV. Newsoaper. FIvers and other forms of announcement will be needed. They will be to publicize the Heritage Awareness Celebration event. The estimated cost is approximately $1,000, Security 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 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. City Staffs (Utilities and Parks) will be used to assist with the event setup (e.g" water hookup, tents setup, and monitor the event), The estimated cost will be approximately $1,500, Sound System w/Generator will be used to provide the sound for the DJ and Live Band. The estimated cost is approximately $2,000, Ground Maintenance will be used to remove debris from the eRA and City property. They will be needed to provide a clean and safe environment for the event. The estimated cost is approximately $3,400. Toilets will be used for disposing of body waste for attendees. The estimated cost is approximately $450. Stae:e will be used for a platform for all the performances. The estimated cost is approximately $700. 3 HOB ,~ Budget Outline Estimated Costs for Proposed Event Pro am: HeritalTe Awareness Celebration "Ni h of Jo " tentative for Feb 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 (DJ) Photographer (Photo and Video) Advertisements (Flyers and Programs) Decorations Radio, TV, Newspaper, Posters Media Relations "Me" Facility Rental (Hester Center or Sims Center) TOTAL: $ 300,00 $ 500,00 $ 30000 $ 500,00 $1.000.00 $ 500,00 $ 500.00 $ 500.00 $ 800.00 $ 500,00 $ 500.00 $ 400,00 $6.300.00 18 2011 Herital!e Awareness Celebration 2011 Budl!et Date: Tentative for February 18, 2011 Subject: Description of events at the "Heritage Awareness Celebration _ Night of Joy", These Heritage Awaren... Celebration eveat a<tivities Will he!p bnild a .tro~g C<I~~e nelghborhood. aod communities. The event will "-on.trate a puhlre purpose that will be VIS.hle to the general pu blic. Dramalk PJan IlId DIB(~ iI_ailS will Irring awareness of difierent cultures. They will be demo~ the difierent ways different cuitures celebrate holidays and traditions; highlighting contribution. that made Boynton Beaeh 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. InSPirational Sllealcen will speak about people and meanings that they Were motivsted to become SU<cessful wbile 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 wbile building a great commWlity, The estimated cost is approximately $500. Srh...1 Chorus aod GrOll!! will display talents that are promoted at our local schools. They will otrer information about Iww others can join in with the local schools to enhance the community, and build relationship, The estimated cost is approximately $300, Awards, Ribbon, and Certifieales will be needed for prjzes and appreciations. We will need prizes fur 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. Re&eshmeals illustrations cultures 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 ID,!} will be needed to provide music for the event The music will be plaYed through-()Uf the day at different limes. It will draw the people and set a mood for the event activities. The music will represent different culture to draw people together and hring awareness of different CUltures music. The DJ will also make important announcements during the day. The colllIt1iUee will Provide the DJ will material to announce and will also announce events, activities and soejal services. We will announce and monitor the events with a miCrophone and a stage. The estlmar.d cost is approximately $500. Photoerao.e. will ta1ce 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 $500, ,!dve!"tisemen.. IFlver and Pl"Of!ram!) "';11 be an important way 10 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 will show oth"" the legacies that our children will inherit. They will be IISed to communicate the good things about the people and communities in Boynmn Beach. The estimated Cost is apprOximately 500, Deeoratiom will be used to illusttate culture awareness and provide an ambiance for the eVent. - ~ Decorations will be used to beautiiY the fllcllity hall such as tablecloths, chair covers, and center pieces (rental items). There will be approximately 350 people attending. The estimated cost is appraximately $800, Radio. TV. Newspaper. Fl~ers and other fonns of announcetnent will be needed. They will be to publicize the Heritage Awareness Celebration "Night of Joy" event. The estimated cost is approximately $500. Media Rd.tion. "Me" will be used to help control the programs lineup and announce important infunnation m eUCOurage the people. The estimated Cost is approximately $500. Facility Rental will be used to host the eVent, The estimated cast ;s appraXimalely $400. ? HoB .--..,..,. Budget Outline Estimated Costs for Proposed Event Program: Heritage Awareness Celebration. tentative for February 19. 2011 Dramatic plays and dance (different cultures) Three (3) Inspirational Speakers Three (3) School Chorus and Groups Food and Water for 500 volunteers Zoo or Pet Animal Exhibit, Pony Rides Bounce House, Water Slide, and Trackless Train Family and Adult Games Music Disc Jockey CDJ) 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 "Me" 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 Heritae-e Awareness Celebration 2011 Bud2et ' . Date: Tentative for February 19,2011 Subject: Description of events at the "Heritage Awareness Celebration". 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, Dramatic Plavs and Dance illustrations will bring awareness of different cultures. They will be demoDStmting the different ways different cultures celebrate bolidays 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 Speakers 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 wi11 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 Group will display talents that are promoted at our local schools, They will offer information 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. Food Vendors will also be, available. There wiIl be approximately 2000 people attending, The estimated cost is approximately $500. Zoo or Pet Animal Exhibit wiU be used to teach tolerance and love for the animals. The exhibit will introduce children to care for animals whether pets, falm animals or wildlife. The estimated cost is approximately $500, Ponv Rides are for the small children. The children will experience the joy of riding a pony and educational purpose. They will also learn how to feed and care for animals and how the pones are cared for on a daily base to survive. The estimated cost is approximately $500, Bounce House and Water Slide will be available fro the enjoyment of the small children under 8 years old, The estimated COSl is approximately $1,250, Familv and AduJt 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 wil1leam about different games from different cultures and countries. 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, Mnsic Disc Jokev IDJ} will be needed to provide music for the event. The music win be played through-out the day at different times. It wiIl 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 $1,500. Photollr8.Dher 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. Uve Band will provide music and entertainment for each group. The hands 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'. Books will he given to each child that attends the eVent. They will he 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 hooks enhaoce 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. SiIDlS 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 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 $1,500, Ground Deeoraliou. will be used to COver dirt and shell rock and remove debris from the Heritage Awareness Celebration event area. Decorations will he used to beautify the environment such as red dirt, plants and other shrubbery. They will he needed to provide a clean and safe walking and congregation area for the event. The estimated cost is approximately $1,000. Art IWUbit and Instructor will he used to education the people on different cultures. Money will he used to buy pain~ 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 il1sh'uctor. We will provide spaces for students and adult to display there art work. The estimated cost is approximately $350. Awards, Ribbons and Certilkates will be needed for prizes and appreciations. We will need prizes for the competitions and services. AWlIrds will he given to all who participated in the Heritage Awareness Celebration event as appreciations, The estimated cost is apprOXimately $1,000. !!oubre DutdJ .Ju.mJ! Rone and Hula Hoops will he 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 HERITAGE 2011 - ACTUAL EXPENSES ATLAS PARTY RENTAL - LINENS CITY OF BOYNTON BEACH - UTILITIES CITY OF BOYNTON BEACH - POLICE CITY OF BOYNTON BEACH - HESTER CENTER ELLIE'S CATERING EXOTIC SIGNS EXOTIC SIGNS FRIENDLY JOHN - PORT-O-LETS GREAT WESTERN PRINTING - T-SHIRTS TONY HARVEY - NEW HORIZONS BAND THELMA LYONS - DECORATIONS MANHATTAN TROPHY MVP MUSIC, VIDEO, PRODUCTION NOW YOU SEE IT PHOTOS POINCIANA ELEMENTARY - PARKING PYRAMID BOOKS SOUTH FLORIDA BOUNCE & SLIDE KAREEM THOMPSON ROBERT YOUNG - HOT SHOT TOTAL 1,257,20 789,92 NOT PAID YET 999,00 615.00 1,230.00 323,65 731,31 370.00 1,298.00 1,100.00 650,00 167,37 1,500,00 385,00 313.50 500.00 1.250,00 300.00 500,00 14,279.95 8 CEAN AVENUE PUBLIC ART PROJECT roject DescriPtibn: I stall brightly colore~ or illuminated public art in five ecimen trees to enliven the Ocean Avenue district, The t rgeted specimen trees are, I Veterans Park - Banyan Tree Children's Schoolhouse Amphitheater - Kapok Tree Civic Center - Banyan Trees (2) Old High School - Kapok Tree 5.1,2011 ,a Budget for five trees with 4-5 public art elements in each tree Solar lighting $500.00 each (two per tree) $ 5,000 with mount and self timer (on at dusk off at dawn) Tree friendly hanging bands $ 50.00 each artwork with clip hooks to easily install and remove public art elements (for tree maintenance and storm events) Labor & equipment to remove Public Art $800.00 per day (for tree maintenance and storm events) Public Art Commission $8,590 4-5 artworks per tree ($1,718 - $2,147.50 per artwork) $ 42,950 $ 50,000 Criteria for the Ocean Avenue Public Art Project: The public art placement is designed to enliven the Ocean Avenue district connecting the Boynton Harbor Marina to Seacrest Boulevard. It should also enliven the dead and dark spaces between the new projects that are under construction by the Community Redevelopment Agency, The projects (from east to west); the Marina Entryway Feature; Jones' Cottage (at 4th and E. Ocean); The Magnuson House (at 211 E. Ocean) and the Schoolhouse Children's Museum Amphitheater will be completed early Fall 2011. The Amphitheater project features publiC art that relates to the I Intracoastal mangrove estuary and the Boynton Harbor Marina. The ~ones' Cottage and the Magnuson House are historical buildings that will be renovated for use as a cafe and restaurant. The Schoolhouse Chiidren's Museum and neighboring 1927 High School are historical bui~dings, The Schoolhouse Children's Museum is a 1913 historical schoolhouse that features educational and interactive displays about Boynton Beach's history. The 1927 Hig11 School is planned to be renovated into a future Cultural Center, The Ocean Avenue Public Art can relate to the Amphitheater Intracoastal mangrove "- estuary public art, the Boynton Harbor Marina, Boynton Beach's history, the Intracoastal Waterway, Boynton's close proximately to the Gulf Stream or our rich marine industry and I . cultural heritage. All th~ public art elements should be bright, colorful, glow in the dark or be self illuminated and relate~ to the criteria described above. They should be lightweight but sturdy to hold up . In the Florida environment for a minimum of 5 years, They can be made of durable . ~/ mate1rial such as tyvek, vinyl, plastic, wood, metal; not to heavy or lightweight to hang ,,': '. ' ~ertically in the trees through a range of winds experienced in South Florida. "'- /""'\ The public art will be installed in the specimen trees with special bands ~ . _' J suspended from the tree limbs and attached to clip hooks. Artwork suspended '- -, J.)' '" .... from wires, chains, poles or other hanging mechanisms will do so without ~. .\ ,t.. damaging or harming the trees in anyway, r . ~. Total Budget $ 1 ,250 $ 800 r . '1- ') .:' ... T ':i..~~;-'. ' ,.,,. ~,;;j~~,' ~..'t ~I~iIr!:. ....,1> ...., "'~t."1 '",' ' "Y"?" . ., , {: .. .lI a . .I. . "... '. y, ~ ~~},. -; ,~.. ~ ~:-". ~ .' ., " "', . i '";;-" .. .......,. . -. ). " c'- '-, _ "" ~:.. ~,'" ~". .~ '1'" ,.(,~ i .~ , ... . .-".... ' '+~A ~~, ';.. I . .~.\: .... ",4 I . :.... . (' r" J I I - I I (' I I . I I I (' 9 I I I I I l I Boynton Beach Community Redevelopment Agency FY 2011-2012 Annual Budget Discussion Proposed Project Description Development of Bovnton Harbor Marina Entrance Sienaee at the SE Corner of Bovnton Beach Boulevard and Federal Hiehwav Construction is now underway for an Entry Feature & Signage at the Ocean Avenue (southern) entrance to the Boynton Harbor Marina. In order to attract and capture more vehicular/pedestrian traffic to the marina heading east on Boynton Beach Boulevard, this project proposes new Boynton Harbor Marina entrance signage on the CRA's property located at the SE comer of Boynton Beach Blvd. and Federal Highway, The proposed project involves the design/construction of marina signage, site grading, irrigation, landscaping and lighting enhancements. Project cost estimate by design consultant is $100,000. ~.. 'Q.......~ I n. II.. I.. III~. .0" n'"~" , ... 'f\L '" ;;'1 , II "'"',," ,~ . . n .0 n ..,.,~.~ II II ...~ ~':!. II Ir;' ~ ..--...., .,.: , "' 'IIi .. b_ · 'I . - " ~ '~.",t ,...", NWPMIC >>fD.rH11W$$Q(G cn.an .Jt.IO'JOK'ASftCJ'M. B<mm>N lEACH CJlA. BOYNTON HAIlBOIl WJlNlA ~- ....,..'!:5 II .........,~- ...-.... ,... ~..._--- ~ ~.:... . .., - '.ia .. -' --, .- '*"" II ...___ot...__ , ~'"'~__ ">0-' __ HW MaKAND INt1a' IIGMo\Cl cc:r-arr .ADM!. BOVNTON BEACH CllA BOYNTON HARBOR MARNIA I (' I (' I 10 r If Boynton Beach Community Redevelopment Agency FY 2011-2012 Annual Budget Discussion Proposed Project Description Development of Park Area in Bovnton Harbor Marina (dive shop location) As approved by the eRA Board, the Boynton Harbor Marina Area Master Redevelopment Plan Phase I B identifies the reconstruction of a public park space and drive lane improvements for the area where the two story retail/apartment building currently exists. The project's initial work involves the demolition of the building, drainage system tie-ins, site grading and relocation of the one-way drive isle used to access the marina slips. Additional construction to take place under this Phase of the Master Redevelopment Plan will be to elevate the height of the existing seawall cap, new seating benches, lush landscaping, lighting and pedestrian/vehicular signage, Project cost estimate by design consultant $350,000-400,000. r I - - -- - I I I I r r I I I I I I I I I I I I I I I I I r 11 r I I I I I I I I I I I I I I r I I I Downtown Banner Proaram - $15,000: Design and installation of 120 digital, vinyl banners (30" x 84"), promoting and reinforcing the brand of the downtown area. Banner creative will be designed utilizing input from the branding committee and survey outcome. Installation will include the following routes: . Ocean Ave. east from Seacrest Blvd. to bridge and throughout Boynton Harbor Marina . Boynton Beach Blvd, east from Seacrest Blvd, to Federal Hwy, Small Business Marketina Proaram - $20,000: Schedule quarterly workshops for local merchants with guest speakers to offer real-life business applications, ranging from the importance of social media tools (Face Book, Twitter, YouTube, websites, etc.) to reaching out and establishing working relationships with local media and media training, Group members will learn from experts in their field such as local television and newspapers editors/news directors/reporters, university professors, entrepreneurs and successful small business owners. Small Business Marketina Incentive Proaram . $27,248: CRA merchants would be encouraged to participate in co-op advertising opportunities where multiple business owners would take out a }'2 or full page ad in local newspaper(s). Members would receive a reimbursement for a portion of the ad(s) fee after approval of ad by the CRA, If the Board approves this program in concept, staff will develop an application process and program guidelines, ( f r I ..... " .... 12 ..... I I ( j i J SAVX~E CREATURES OF ,THE ANCIENT SEAS I , \ . .l .... -.;,:.. SUMMARY.' REfORT '":; - ..-" .... ~ - . - - --711 ~-,~ / ~. '),pJ..).:V~JJ.l" ..--< . ~~~"" j "" J:j !.... f .... JJ ~ .. ,-- . p,'" ~.?- ri :J ~~ ....., f _ j, L ~. \' '. )" " -~~~-r- ..;~ '--_~_ / : f ~ !.J., ~---;::;~-~ ~r/)~ 'fl~ t .. >"J <:: ,) ;-', ~- · <;~ /.: - :.:?:(~ _ - - -. ' ./"{'\ F ~/e~te~ to: , ,__: l . r~ } f?:t:Jt,' .~< I)o!:Jnton 5each CqnimunitiRedevelo~entJAgenc!:J ~~~,,- ::. -.; /:L~.. . C I ~ ~~-:r~, '''=-~'".,~. / /~it!:J ot}5o!:JntG.D':5e,asb ' ,0>., ~:~,~~1' / /;i~' -tdb-~" '. .~~ / ..I . rese't\l,' ,e . u.: , i: . 'f L ,J.) ,~ I " ' 5aker h~s~~e6o,uj!..N_'l0), '{~; /lJ ~_- ~"..... , -- .-') ,,} A~g~~4' ~ I " ( ,~ " '-. ~ ~ ." /. ~ SAVAGE CREATURES OF THE ANCIENT SEAS EXECUTIVE SUMMARY Presented to: Boynton Beach Community Redevelopment Agency City of Boynton Beach 639 E. Ocean Ave" Suite 107 Boynton Beach, FL 33435 Phone: 561.737.3256 Fax: 561,737.3258 Email: hutchinsond@cLbovnton-beach.f1.us Presented by: Baker Leisure Group, LLC 5401 Kirkman Road, Suite 610 Orlando, FL 32819 Phone: 407,351.0425 Fax: 407.363,0716 Email: blq@bakerleisurearoup.com June 2004 Savage Creatures of the Ancient Seas Executive Summary EXECUTIVE SUMMARY SAVAGE CREATURES OF THE ANCIENT SEAS The Boynton Beach Community Redevelopment Agency (CRA) is considering the development of "Savage Creatures of the Ancient Seas". The project is described as an anchor project that will be significant enough to attract and influence quality private sector development and regional destination tourism. To facilitate the development process, the CRA engaged a team led by Baker Leisure Group, The task was to answer the question: "Is the Savage Creatures of the Ancient Seas the right project at the right place at the right time?" The proposed project is considered a catalyst for the redevelopment of Boynton Beach and will blend entertainment and educational elements that are related to the timeline of nautical experiences, through both man made and natural elements, The development team includes teams specializing in financial and market analysis, architectural design, creative development, cost assessment, fabrication, authentication, and non-for-profit organization and development for fund procurement. In this initial phase, the Baker Leisure Group team has assembled the team to conduct an assessment of the current work product as completed by the CRA. Each team member will utilize their expertise to determine the feasibleness of the project and, where applicable, make suggestions and recommendations that strengthen the proposed project. The project team consists of the following: Baker Leisure Group will be providing a full feasibility study, market assessment and business analysis of the project. These finding will confirm the validity of the project. JBP Entertainment will facilitate the overall interior theming of the building, They will closely work with Wonder Works Exhibits, EDSA and Baker Leisure Group to ensure the entire project has a consistent look and feel as well as being budget conscience, Currie Partnership will be responsible for the overall architectural design of the building ensuring the interior and exterior of the building complements the theming of the attraction, EDSA will be acting as the planners and landscape architects for the exterior of the building as well as providing content analysis as their expertise relates to the exhibit. Applied Technology Management will be acting as the environmental engineers for the project. Their expertise will be extremely valuable in determining the environmental impacts the proposed facility will have on the Intercoastal Waterway, The Baker Leisure Group Team June 2004 Page 2 Savage Creatures of the Ancient Seas Executive Summary Wonder Works Exhibits Company will provide expertise in the field of Paleontology. This will ensure the credibility of the exhibit in the eyes of the guest. Contact: Conway Company, LLC specializes in identifying and securing sources of funds for non-profit developments. BLG brought them in to participate on the team because BLG will coordinate the financial analysis and presentation of conclusions with the Conway Company to ensure that the criteria required for third party groups can be coordinated. Cumming McGi//ivaray, LLC will be acting as the cost estimators for the project. They will work with BLG to compare warrant investment levels in relation to the feasibility study and market assessment that has been completed and contrast it with the efforts by the architectural engineer (Currie Partnership), landscape architect (EDSA) and the creative group (JBP Entertainment). They will determine use of funds based on a budget for the proposed project as determined by the rest of the project team. The following section presents an executive summary from the different Phase One participants in regards to the initial feasibility of the project. The Baker Leisure Group Team June 2004 Page 3 Savage Creatures of the Ancient Seas Executive Summary MARKET OVERVIEW The Boynton Beach Metropolitan Statistical Area (MSA) is within one of the strongest MSA's in the state of Florida as well as the United States, The Boynton Beach MSA is part of the overall Ft. Lauderdale-Miami MSA, which has an estimated population of 4,9 million. The South Florida market is also one of the highest visited markets in the state of Florida as well as the United States, The South Florida market is separated within three regions: Greater Miami, Greater Ft. Lauderdale, and Palm Beach County, According to the latest data (2003), the area received an estimated 23,1 million visitors, This is broken down by: Greater Miami (10.4 million); Greater Ft. Lauderdale (8,3 million); and Palm Beach County (4.4 million), Given the residential and visitor population, the total potential market for the proposed facility is estimated at 28 million, This effectively ranks the market as one of the top MSA's in the United States. EDUCA TIONAUENTERT AINMENT INDUSTRY REVIEW Visitor facilities that feature an educational component have been increasingly incorporating a higher guest experience impact to present educational material in an entertainment environment. This shift from traditional facilities has been precipitated by a higher guest expectation that has been developed through other experiences; both in- home and out-of-home entertainment programming. Therefore, facilities that have been developed over the last 10 years have incorporated elements that were typically associated with entertainment venues, However, many designers and programmers are utilizing the technology that is utilized to present an entertaining guest experience and are presenting educational experience instead. These include 3-D and 4-0 experiences, hands on exhibits, and immersive timeline programming. In addition, many of these facilities utilize a strong employee-guest interaction program. This program trains the employee to consistently engage the guest in discussions about their current experience and offers additional positive guest impacts through this engagement. COMPETITIVE ANALYSIS The South Florida market area is lacking in any high profile attraction, The two primary reasons to visit the area is shopping and the beach, There are no major entertainment facilities that qualify as destination attractions, The top attractions in the market are nature and/or animal based attractions, which include Miami Metrozoo and the Parrot Jungle and Gardens, In addition, the area also has several historic based attractions and museums. It is our opinion that if executed correctly, the proposed project would be a strong asset within the attraction facility inventory. The Baker Leisure Group Team June 2004 Page 4 Savage Creatures of the Ancient Seas Executive Summary SITE EVALUATION Two sites were considered for the development of the visitor facility, referred to as Site A and Site B. Site A is located within the intercoastal waterway and is 0011 $id ered the primary site for con$ideration. Site B is located several blocks off the intercoastal waterway and is adjacent to the current children's museum. The team completed a site visit. It is the conclusion of the team that the facility should consider Site B as apriority. The primary reason is that the budgetary requirements that would be needed to develop the facility on Site A far exceed any benefit to the guest. While it is recognized that the facility would be part of the critical mass located in the general development area, and there is a certain scenic value to the location, the development should focus on delivering a high quality guest experience that would be able to attract and maintain a strong level of guest attendance and spending, The team believes that if the facility is developed on Site A, much of the budget would be needed for infrastructure expense, which will negatively impact the budget that could be allocated in developing a high end guest experience, Therefore, the study team believes that the ideal site would be Site B. ESTIMATED ATTENDANCE To estimate attendance for the facility, BLG attempted to evaluate capture rates at similar venues relative to their total market size. Capture rates were derived from data provided by developers, managers or industry sources familiar with the venues, It should be noted that "reported" attendance figures include comps, school groups and other categories, therefore, these capture rates are only a starting point from which a subjective analysis is undertaken, The following table presents capture rates and estimated attendance for the proposed project. Capture Rates and Estimated Attendance Range 1 Range 2 Resident Market 10% 14% Tourist Market 0,08% 1,0% Estimated 674,800 917,000 Attendance Source: The Baker Leisure Group For the purpose of financial estimates, the BLG study team utilized the low range of attendance projections of 680,000. The Baker Leisure Group Team June 2004 Page 5 Savage Creatures of the Ancient Seas Executive Summary ECONOMIC AND PERFORMANCE PARAMETERS Savage Creatures of the Ancient Seas will present an experience that is unique In content and functionally similar to the characteristics of other attractions in South Florida. Therefore, several of the financial parameters will be based on the assumption that Savage Creatures of the Ancient Seas will be subject to similar performance measures, The primary sources of income will result from spending on admissions, food and beverage, and merchandise and other souvenir items, Other revenue sources may result from utilization of the facility as a special events venue, These opportunities include renting the facility to a group for a private function and use of specific areas of the attraction by television or film crews as a backdrop or setting, In addition, sponsorship revenue, in-kind, cash contribution, joint marketing, strategic alliances, and other forms of corporate relationships present additional opportunities to minimize operating expenses as well as contribute to net income Finally, based on the overall concept and guest experience, there could also be photo opportunity, Per Capita Spending Per capita spending is defined as the total amount of spending per person for each attendee during the course of one calendar year. This typically includes admission revenue; merchandise revenue and other sources of revenue, Although spending will vary depending on the individual, the calculation of per capita spending is considered an average statistic. The methodology dictates that each revenue stream is compiled into the appropriate category and then divided by the number of total visitors, including group and school tours, complimentary admission, and individual admission, Estimated per capita spending is applied to the attendance, which will result in estimated operating revenues. Admission is typically the largest component, representing up to 75% of per capita spending, In calculating admission per capita, the true ticket price is discounted from 25 to 40 percent to account for children and discounted sales, complimentary passes, and other discounts and pricing strategies employed by the attraction, The actual weighted admission per cap is calculated later in this section, Merchandise includes all types of products sold within the facility and can include apparel such as t-shirts, polo shirts, hats as well as hard goods with the project's logo, The performance of merchandise sales can be directly correlated to the intellectual property that is utilized, This also varies at high degrees, based on the popularity and exposure. Using Disney parks as an example, they tend to have the highest performing retail locations of any attraction as measured by "sales per square foot", A primary factor is that their intellectual property is world-renowned. Therefore, a key component of the Savage Creatures of the Ancient Seas merchandise program will be its ability to capitalize on the logos associated with potential intellectual property partners such as National Geographic and Discovery, The Baker Leisure Group Team June 2004 Page 6 Savage Creatures of the Ancient Seas Executive Summary Other revenue sources could include a souvenir photo opportunity, which could include a "digital" photograph or traditional 35m photograph, Digital is "green screen" technology where the guest's image is placed into a fantasy environment through computer manipulation, A traditional 35m photo captures a guest in a highly desirable component of the attraction, Weighted Admission Price The following table outlines the calculation of the weighted admission prices for each of the categories of admission, The weighted price will be utilized in the attendance per capita model to determine overall admission per caps, Categories of admission include full price, discounted, packages, school groups and other groups, Discounted tickets are intended to facilitate an aggressive resident capture program and discounting during periods of low demand. The category "pre-sales" is intended to facilitate a pre-sales' campaign not only to the visitor but also through other wholesalers or distribution networks typically utilized by themed attractions. The "packages" category is intended to capture packages that include an Savage Creatures of the Ancient Seas ticket combined with another area attraction, an independent food experience and transportation to create a package of sufficient value to market effectively to groups. The actual "group" category is not expected to be a large percentage of total attendance since Savage Creatures of the Ancient Seas as a standalone visit may not be attractive to group operators due to its low admission charge and thin margin for offering incentives and compensation to group operators. The "discounts" category is for capturing coupons and other incentive programs offered in-market or out-of-market. WEIGHTED ADMISSION PRICE Category Packages Groups Discounted, Coupons, Vouchers Full Price Admission School Groups % Adult % Child Price Adult Price Child 70% 30% $12,95 $8,95 80% 20% $12,25 $8,25 65% 35% $12,25 $8,25 65% 35% $14,95 $10,95 100% $6,50 Weighted Price $11,75 $11 .45 $10,85 $13,55 $5.48 The Baker Leisure Group Team June 2004 Page 7 Savage Creatures of the Ancient Seas Executive Summary Admission Per Capita The following model utilizes the weighted per caps developed above coupled with the attendance targets by category to arrive at a total overall weighted per cap for admission revenue. DERIVATION OF ADMISSION PER CAPITA & TOTAL PER CAP SPENDING Estimated Attendance Ticket Type Packages Groups Discounted, Coupons, Vouchers Full Price Admission School Groups Ticket Type Packages Groups Discounted, Coupons, Vouchers Full Price Admission School Groups Total Admissions Revenue Estimated Attendance Admissions Per Capita Food ServiceNending Merchandise Total Per Capita Spend Total Estimated Revenue The Baker Leisure Group Team June 2004 680,000 % of Attendance 3.0% 40% 41.5% 50.0% 15% Per Capita $11 75 $11 .45 $10.85 $13.55 $5.48 Page 8 Attendance by Category 20,400 27,200 282,200 340,000 10,200 Estimated Revenue $239,700 $311 ,440 $3,061,870 $4,607,000 $55,845 $8,275,855 680,000 $12 17 $1.50 $2.25 $15.92 $10,825,855 Savage Creatures of the Ancient Seas Executive Summary Financial Estimates - Expenses Operating expenses were derived from local characteristics, industry averages for similar attractions and a subjective assessment of the proposed attraction. Several categories are shown as a percentage of total revenue. It should be noted that within each component there are inherent variables, and a more narrow definition of operating costs should be determined at a later phase in the development process, Specific categories include: Cost of Sales, Advertising & Promotion, Capital Reinvestment (Capex), Communications, Insurance, land lease Payments, Maintenance & Repair, Other, Royalty Fee Iwerks/Simex, Supplies, Utilities, and Wages-Salaries-Benefits, Fiscal Year of Operations TOTAL OPERATING COSTS Cost of Goods Sold Food ServiceNending 34% $346,800 Merchandise 50% $765,000 Total $1,111,800 Gross Operating Revenue $9,714,055 Operating Costs Advertising and Promotion 10,0% $1,082,586 Capex 5,0% $541 ,293 Communications 2,0% $216,517 Insurance 3.0% $324,776 Land Lease Payments $0 Maintenance and Repair 5,0% $541,293 Other 4,0% $433,034 Royalty Fee - Iwerks/Simex 0,3% $27,065 Supplies 3,0% $324,776 Utilities 5,0% $541,293 Wages, Salaries, Benefits 25,0% $2,706,464 Total $6,739,095 Net Operating Income (EBDITA) $2,974,960 The Baker Leisure Group Team June 2004 Page 9 Savage Creatures of the Ancient Seas Executive Summary Financial Summary At aooroximatelv 680.000 annual visits. cross admissions revenue is estimated to be $8.275 million. food and beveraae at $1,020 million. and merchandise at $1.53 million for total cross revenue of $10.825 million. Exoenses includina cost of sales at $1,1 million. and ooeratina costs at $6,739 million results in "earninas before deoreciation, interest and taxes (EBDITA) of aooroximatelv $2,974 million, Warranted Investment An important component of a project's feasibility is the calculation of warranted investment. For the purpose of this study. warranted investment is defined as the total amount of capital that should be committed to the project based upon the project's ability to adequately service both the operating costs of the facility and a return on investment. The intent is to establish an initial project budget that sets forth the maximum amount of capital that is available for all of the hard costs and soft costs anticipated for the full development of the attraction. The design team must adhere to this design budget if the attraction is expected to meet its annual financial obligations once the facility is constructed, The warranted investment level was calculated by using a mortgage constant method, The warranted investment is driven by total revenue which consists of admissions, merchandise spending, and special events I functions. Total revenue minus the estimated operating costs for the facility equal the earnings before depreciation, interest, taxes and amortization (EBDITA), The following table presents the warranted investment level for the project at 20 to 30 year terms and cost of debt between 5% and 15%, Based the mortgage constant, the calculated warranted investment for the project is $18,6 to $45,7 million, The ranges are presented within the following table The Baker Leisure Group Team June 2004 Page 10 Savage Creatures of the Ancient Seas Executive Summary WARRANTED INVESTMENT Mortgage Constant Method EBDITA Stabilized Year $2,974,960 Years 20 5,0% 0.080243 $37,074,581 7.5% 0,098092 $30,328,207 10,0% 0.117460 $25,327,514 12,5% 0,138096 $21,542,738 15,0% 0.159761 $18,621,262 Years 25 5.0% 0,070952 $41,928,925 7,5% 0.089711 $33,161,721 10,0% 0.110168 $27,003,833 12.5% O. 131 943 $22,547,239 15,0% 0,154699 $19,230,587 Years 30 5,0% 0,065051 $45,732,431 7,5% 0,084671 $35,135,430 10,0% 0,106079 $28,044,696 12,5% 0.128760 $23,104,665 15.0% 0.152300 $19,533,529 FINANCIAL ALTERNATIVES AND STRUCTURE Introduction The proposed Savage Creatures Museum offers the City of Boynton Beach, Florida a dual opportunity: to educate and entertain individuals, students and families about animals and fish from our remote past while improving a site along the city's coast. Conway Company offers the following observations and recommendations about making this dream a reality focused upon mission achievement, financial stability and stewardship. The Baker Leisure Group Team June 2004 Page 11 Savage Creatures of the Ancient Seas Executive Summary Organization & Governance Issues A museum or other attraction may be organized and governed in several ways. Excluding for profit entities, attractions may be a division of city, county, state or metropolitan governments, a separate 501 (c) 3 non-profit organization or a "blended" organization which features "ex officio" seats on the governing board for designated governmental officials, If operated as a division of local government, the entity is a department. It operates with a specific budget, employees are generally accorded civil service status and benefits and it is subject to periodic review by the city councilor county commission, Examples include many parks and recreation departments, some stadium facilities and other attractions such as Airlie Gardens of Wilmington, North Carolina. If an attraction is organized as a separate 501 (c) 3 non-profit organization, it has received such tax-exempt status from the Internal Revenue Service (IRS) and has filed as such a corporation in a particular state, While state requirements vary, Florida requires an organization to have a charitable purpose(s), a separate Board of Trustees and to file an annual financial report (Section 496.407, Florida Statutes), See Appendix A. Governance resides with the Board of Trustees who are to act as responsible stewards, Examples include many hospital foundations and attractions such as the presidential libraries, Indiana State Museum, National Underground Railroad Freedom Center, Norfolk Botanical Garden and the Texas State Aquarium. A "blended" organization is one which is organized as a 501 (c) 3 with the additional provision for a number of Board appointments to be held by specific governmental officials, A majority of the Board is selected from community members, with the "ex officio" members being a minority, Such a provision permits governmental agencies continuing representation and active oversight. Examples include many airport boards. the Cincinnati Parks Foundation and the Columbus Zoo and Aquarium. Practical Considerations Contemplating and determining which legal entity is most appropriate for operations, governance and fund-raising purposes can be confusing, The following check list may be helpful in evaluating the Savage Creatures project. Current Needs vs, Future Growth The proposed facility, staff and operations may be understood and approved by all stakeholders, Current plans may be supported by officeholders, residents, and business leaders, If such is the case, an argument could be made for operating Savage Creatures as a department of local government. It could be operated within the current city administrative structure with the Executive Director serving at a director or deputy director level. While appealing from a time management and personnel standpoint, this solution may not have positive long-term effects, For example, a new set of city/county The Baker Leisure Group Team June 2004 Page 12 Savage Creatures of the Ancient Seas Executive Summary officials could view Savage Creatures much differently, the attraction could be subject to general budgetary woes, or the desire for additional privatization could overwhelm the project. Tax Support (Levy, Sales and/or Bonds) If Savage 'Creatures is to obtain significant public financial support in the form of a tax levy or issuance of bonds for capital or operating funds, it would appear appropriate to have a broad base of support garnered through an independent Board or some other Advisory Board which is not associated with local government. Having such a Board approve the financial plans and be willing to carry the message to voters is the key, Donor Intent Donors need to believe that their gift will be accepted and used according to their wishes. They want to be assured that a major contribution will go directly to the charitable organization before committing or signing a Letter of Intent. Some donors will refuse to give to any governmental or semi-governmental entity. This factor needs to be considered and appreciated by all parties. Appropriate Gift Acceptance Policies should be in place to protect Savage Creatures from unwanted or dubious gifts, See Appendix B for a sample set of Gift Acceptance Policies, Transparency & Stewardship Recent scandals in both the corporate and non-profit sectors have resulted in donors, foundations and businesses seeking more and better information about financial, programmatic and fund-raising issues. Donors expect transparency. Any hint of cronyism, favoritism or sexual misdeeds by staff or volunteers will quickly remove a non-profit from consideration. Stewardship refers to the practice of caring for, conserving, preserving, and achieving the mission of an organization, For a non-profit, stewardship takes on a special meaning, Staff and volunteers are expected to act carefully so as to better society according to the charitable mission, Savage Creatures eleemosynary mission of education, information and conservation needs to be weighed against the realities of operating the physical plant, upgrading exhibits and maintaining the site, Each of these needs will be greatly impacted by the amount of money available on an annual basis and having a proper endowment to ensure the facilities future. Likely Revenue Sources for Savage Creatures Museums, zoological parks, aquariums and other similar attractions have need for annual operating income, capital expenditures (every 8-10 years) for expansion, renovation and new exhibits, and an endowment fund to provide a cushion against downturns in attendance, seed money for new programs and to provide a firm financial foundation for the organization. Here, in outline format, are likely sources of gifts for each category. The Baker Leisure Group Team June 2004 Page 13 Savage Creatures of the Ancient Seas Executive Summary Annual Fund (Operating support, excluding ticket sales and gift shop receipts) 1, Annual campaign: Target individuals and businesses for an annual gift, using personal solicitation, direct mail and on-line methods, For the first three years consider using acquired lists to augment Savage Creatures own database, 2, Memberships: Offer membership packages at various price points, e,g,$35-$50Q, with different benefits attached; very good as gifts and for residents of Florida, thereby encouraging multiple visits each year. Useful for capturing marketing data from visitors. 3, Corporate sponsorships/cause related marketing: Senior management should develop a plan to promote corporate involvement within the dual mission's of education and entertainment. Look to establish relationships with a small number of high quality sponsors, BLG and Conway Company can be particularly helpful in this area, 4. Special events: Due to the nature of the venue Savage Creatures can be the host for events, which represents revenue, and it can hold fund-raising events for its own benefit. Careful planning to avoid conflicts with other non-profits is crucial to success. Capital Campaign 1, Individuals/families: In American philanthropy over 83% of gifts come from individuals, Savage Creatures will need to conduct extensive prospect research and prospect review to evaluate top donor prospects for a capital campaign, Identifying and cultivating the top prospects will be especially important in the museum's first campaign, 2, Corporate donors: Corporations and businesses in southern Florida and other selected prospects should be solicited, The campaign's leadership will prove essential in bringing these gifts into the fold, 3, Foundations: Both private foundations and family foundations are good prospects, Donor research will confirm those foundations, which are likely contributors; most have specific forms to complete and deadlines for submission, 4, Public support: Conway Company strongly recommends positioning a capital campaign as a public-private partnership, Once a decision is made about the size and timing of a campaign, the Board and senior management should begin using all their contacts to identify and promote public support from local, county, state and federal sources, The Baker Leisure Group Team June 2004 Page 14 Savage Creatures of the Ancient Seas Executive Summary Endowment Fund Those donors most closely aligned to a non-profits mission are often the best prospects for an endowment gift, A person that is a consistent supporter, volunteer or Board member emeritus should be approached about a planned gift or an endowment gift paid over several years. Museums should not be shy about discussing endowment needs. The museums of today exist through the generosity of earlier families and donors, Unfortunately some recent examples indicate a lack of awareness by senior staff and/or the Board about the importance of endowment funds. The Rock & Roll Hall of Fame, which opened in 1995, has no endowment; the National Underground Railroad Freedom Center, which has raised $110 million, has only a $2 million endowment. Savage Creatures should consider including a specific endowment goal as part of a capital/endowment campaign. Recommendations 1. Promote open communications between and among all stakeholders, Prepare a detailed communications strategy designed to share as much data about the project, as soon as possible, 2, Establish a 501 (c) 3 non-profit corporation to be responsible for accomplishing the mission and guide the strategies, operations and programs of the proposed facility. Recruit a Board of Trustees composed of 15-25 members with at least these committees: Executive, Finance, Marketing and Development. Write a set of Bylaws to guide the new organization, See Appendix C. 3, Seek to establish the project as a worthwhile public-private partnership for Boynton Beach and the entire state of Florida, Make early contacts with school districts, community colleges, public broadcasting stations and other non-profit and for profit attractions, 4. Depending upon the funding model adopted, conduct a planning study in late 2004- early 2005 to test the size and breadth of financial support from both the private and public sectors, confirm understanding of the overall set of objectives, determine if campaign leadership is available and evaluate the impact of likely competing campaigns. Explain both capital and endowment needs within the Preliminary Case for Support, 5. Establish Gift Acceptance Policies and Procedures. Three important items are: pledge payment period (3-5 years), types of gifts to be accepted and active encouragement of bequests to Savage Creatures, The Baker Leisure Group Team June 2004 Page 15 Savage Creatures of the Ancient Seas Executive Summary FINDINGS FROM APPLIED TECHNOLOGY & MANAGEMENT Summary The over-water siting of the exhibit is considered barely feasible, although possible, in terms of gaining regulatory approval from the State and Federal Agencies, The pile- supported museum and boardwalk are considered non water-dependent structures and are generally not allowed on state-owned submerged land, Exceptions are granted sometimes for minor uses, in the public interest, along natural shorelines (generally not the case here), Also under consideration by agencies are such factors as minimization of impacts to surface waters or wetlands and clearly demonstrating that the proposed activity(s) have been located within existing uplands to the maximum extent possible, The mitigation for any remaining impacts such as elimination of wetlands or shading submerged aquatic vegetation will be subject to the criteria in Chapter 62-345, F,A.C.. Uniform Mitigation Assessment Method, Any shading of submerged aquatic vegetation will heighten the concerns of the Florida Fish and Wildlife Conservation Commission for potential adverse impacts to manatees, Clearly the proposed pile-supported building, boardwalk, and submerged viewing chamber will be challenging for regulators to view as "acceptable." Regulatory Feasibility The placement of pile-supported structures in the Lake Worth Lagoon will require separate permits from the South Florida Water Management District (SFWMD) for the state of Florida and the U,S, Army Corps of Engineers (ACOE) for the federal government. The state of Florida permit application includes a request to use state- owned sovereignty submerged lands, The process for both permits begins with the submittal of SFWMD Form 0971 the "Joint Application for Environmental Resource Permit/Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit" (ERP). The application is submitted to the SFWMD who will forward a complete copy to the ACOE for processing. These are separate applications and are subject to differing issues of concern to both the state and federal agencies, These concerns and interests must be satisfactorily addressed during the application process to obtain the necessary approvals to construct the proposed improvements. Separate permits will be issued by the state and federal agencies, A pre-application meeting with both the state and federal permit agencies should be held prior to submittal of the ERP application, The purpose of the meetings is to present the preliminary design and to receive comments and/or concerns from the agencies, The Baker Leisure Group Team June 2004 Page 16 Savage Creatures of the Ancient Seas Executive Summary State of Florida The state ERP application is a request for two separate authorizations, a water quality permit and authorization to use state-owned submerged lands. Separate Florida Statutes and administrative codes (rules) govern the two authorizations. The state will only grant the authorizations when all of the evaluating criteria for both the water quality permit and submerged lands are met. If the criteria for either authorization cannot be met then the state will deny both requests (rule 62-343,075(2), F.A.C,), All requests to use state-owned submerged lands must comply with the provisions of Chapter 18-21, Florida Administrative Code (F.A.C,) and Chapter 253, Florida Statutes, The Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund (BOT) are responsible for reviewing and approving request to use state- owned submerged lands. The SFWMD acts as the agent for the BOT and processes the request to use the submerged lands, The proposed pile supported museum is defined as a 'non-water dependent' activity (rule 18-21,003(57), F,A.C,), Non-water dependent activities are not allowed on state- owned submerged lands. However, the BOT may grant exceptions on a case-by-case basis if it determines it is in the public interest. Public projects primarily intended to provide access to and use of the waterfront may be allowed if the non-water dependent use is minor and is located along non-natural shorelines (rule 18-21,004(1 )(f), F,A.C,), Based upon the approximate size of the proposed museum and its non-water dependent nature, the decision to authorize or deny the use of the submerged lands will likely be made by the BOT. This requires presentation of the request to the BOT at one of their regularly monthly meetings in Tallahassee, Florida. If approved, the submerged lands preempted by the museum will have to be leased from the BOT, For non-profit activities, the state can waive the annual lease fees. In order to apply for any activity on the submerged lands, the applicant must provide satisfactory evidence of sufficient interest in the riparian uplands abutting the submerged lands (rule 18-21.004(3)(b), F.A.C.) The water quality permit application is governed by the rules of the SFWMD which includes the 'Basis of Review for Environmental Resource Permit Applications" (BaR). The permit process is used to evaluate a project's potential to impact water quality, aquatic and wetland resources, endangered species, navigation, secondary and cumulative impact among other issues of concern to the state of Florida. The evaluating criteria can be found in section 4.0 Environmental Criteria, BaR. The first consideration by the SFWMD is whether the application has eliminated or minimized impacts to surface waters or wetlands and any remaining impacts have been offset by appropriate mitigation (section 4.2.1, BaR). The applicant will need to clearly demonstrate that the proposed activity(s) have been located within existing uplands to the maximum extent possible. The mitigation for any remaining impacts such as elimination of wetlands or shading submerged aquatic vegetation will be subject to the criteria in Chapter 62-345, F,A. C., Uniform Mitigation Assessment Method. Any The Baker Leisure Group Team June 2004 Page 17 Savage Creatures of the Ancient Seas Executive Summary shading of submerged aquatic vegetation will heighten the concerns of the Florida Fish and Wildlife Conservation Commission for potential adverse impacts to manatees, The application will need to address short and long-term water quality issues, The short-term considerations primarily deal with the construction of the proposed structures and include turbidity controls, oil and greases from the equipment, prop dredging and fuel spills (section 4,2.4.1, BOR), Long-term water quality concerns will primarily involve sewage treatment, solid waste disposal and potential leachate from treated pilings and decking (sections 4,2.4,2 and 4,2.4.3, BOR). The application will need to include the proposed parking area and stormwater treatment system, The proposed museum roof is considered an impervious area and the stormwater runoff will also need to be treated. Federal Permits A Section 10 of the Rivers and Harbors Act permit from the ACOE is required to construct the museum in or over any navigable water of the United States, The ACOE cannot issue a permit until the state issues its permit, which constitutes water quality certification, The ACOE has numerous memoranda of agreement with commenting or environmental resource agencies such as the U,S, Fish and Wildlife Service, National Marine Fisheries Service and US Environmental Protection Agency, Once an application is complete the ACOE will send the application to the commenting agencies, issue a public notice, and solicit comments from sections (e,g., navigation, construction) within the ACOE, The applicant will be responsible for responding to the comments/concerns submitted by the commenting agencies, Two issues that will need to be addressed are the setback requirements from the adjacent Intracoastal Waterway channel and shading affects of the building on essential fish habitat. The standard setback criterion for all structures in the Intracoastal Waterway is 100 feet from the "near bottom edge" of the channel (ACOE, Memorandum for Record 23 November 1998, Section 4 Criterion), The ACOE and local sponsor will individually review any structures within the 1 DO-foot setback, Variance may be granted if a demonstrated need can be made to extend within the setback. A variance closer than 62,5 feet will not be allowed for structures that will not be used to dock a vessel. In order for the ACOE to determine the setback conditions the applicant will need to supply the X & Y State Plane Coordination Points (X& V's) for the most waterward points of the structures, Based on the data provided, this set-back will be violated in this case; however, the bank and structures to the north and south follow the same set-back so an argument can be made for a variance, The Baker Leisure Group Team June 2004 Page 18 Savage Creatures of the Ancient Seas Executive Summary The determination as to whether the project will affect essential fish habitat rests with the National Marine Fisheries Service (NMFS). These determinations are made on a case-by-case basis and it is not possible to reasonably predict the possible ramifications of NMFS comments, A worst-case scenario would be for the comments to state that the pile supported museum shading will adversely affect essential fish habitat and therefore the permit should be denied, The NMFS or the applicant may propose mitigation for all of the shading impacts to offset these impacts if all parties can agree on the appropriate type and size of mitigation. In summary, the siting of the museum at this over-water location will be difficult to permit; however, as the project progresses and with proper mitigation and public interest arguments, it may be possible. CONSTRUCTION ESTIMATES Based on the designs completed by Currie Partnership, Cumming McGillivary developed two separate estimates: one based on Site A requirements and the other based on Site B requirements, The variance between the two locations is estimated at $5,3 million, That is: to develop the project on Site A, it would require an additional $5,3 million, primarily allocated toward infrastructure, The estimates are presented in the following tables. The Baker Leisure Group Team June 2004 Page 19 Savage Creatures of the Ancient Seas Executive Summary SITE A ESTIMATES Building Footprint Total Square Foot Area Exhibit / Exhibition Area 24,949 40.491 14,641 Division Total 01 - General Conditions 02 - Sitework 03 - Concrete 04 - Masonry 05 - Metals 06 - Wood & Plastics 07 - Thermal & Moisture Protection 08 - Doors & Windows 09- Finishes 10 - Specialties 11 - Equipment 12 - Furnishing 13 - Special Construction 14 - Conveying 15 - Mechanical 16 - Electrical $97,979 $6,809,000 $3,886,247 $44.438 $1,857,584 $502,260 $212.414 $482,300 $2,020,217 $86,273 $184,278 $43,251 $3,800,000 $49,600 $608,877 $755,288 Net Costs Subtotal: $21,440,008 Contractor General Conditions 9% $1,929,601 $23,369,608 2,5% $584,240 8.4% $1,963,047 $25,916,896 425% $993,208 9% $2,103,265 Total Hard Costs $29,013,369 5% $1,450,668 5% $1,450,668 5% $1,450,668 Project Total: $33,365,374 Facility Permit Fee Const. Mgr, Construction Phase Fee Subtotal Construction Hard Costs Project Management Design Fees Design Contingency Post Contract Change Order Contingency Owner's Discretionary Contingency The Baker Leisure Group Team June 2004 Page 20 Savage Creatures of the Ancient Seas Executive Summary Building Footprint Total Square Foot Area Exhibit I Exhibition Area Division SITE B ESTIMATES 01 - General Conditions 02 - Sitework 03 - Concrete 04 - Masonry 05 - Metals 06 - Wood & Plastics 07 - Thermal & Moisture Protection OS - Doors & Windows 09- Finishes 10 - Specialties 11 - Equipment 12 - Furnishing 13 - Special Construction 14 - Conveying 15 - Mechanical 16 - Electrical Contractor General Conditions Net Costs Subtotal: 24,949 40.491 14,641 Total $97,979 $1,597,274 $3,563,776 $44,438 $2,033,084 $19,800 $266,533 $482,300 $2,020,217 $86,273 $199,278 $43,251 $3,800,000 $49,600 $3,047,003 $789,463 $1S,140,269 9% $1,632,624 Facility Permit Fee Const. Mgr. Construction Phase Fee Subtotal Construction Hard Costs Project Management Design Fees Design Contingency Post Contract Change Order Contingency Owner's Discretionary Contingency The Baker Leisure Group Team June 2004 1.75% 8.4% 4,25% 9% $19,772,894 $346,026 $1,660,923 $21,779,842 $840,348 $1,779,560 Total Hard Costs $24,399,751 5% 5% 5% Project Total: Page 21 $1,219,988 $1,219,988 $1,219,988 $28,059,713 ~J~qY~T8~ eRA iIii east Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: June 14,2011 I I Consent Agenda I X I Old Business I I New Business I I Legal , I Executive Director's Report SUBJECT: Consideration of RFP Response for Ocean Breeze West RFQ/RFP SUMMARY: On April 20, 2011, the Agency issued an RFQ/RFP for the development of the Ocean Breeze West site, The RFQ/RFP was very comprehensive in that it was seeking not only an entity to construct the homes and install site improvements, but also to work with homebuyers to qualify them to purchase homes and also to perform follow-up counseling in the event it was needed, One response was received; a partnership between Habitat of South Palm Beach and the Boynton Beach Faith-Based CDC (Attachment 1). Staff has deemed that the submission is responsive to the RFQ/RFP and therefore can be considered by the Board, The respondent is proposing to build a mixed-income community with families earning up to 120% of median-income for Palm Beach County, 15 of the homes will be sold to famities earning below 80% of median household income and 6 of the homes will be sold to families earning between 80 - 120% of median household income, The home designs are proposed as market rate so they cannot be differentiated from other new homes within the community, The homes are proposed to be held in a land trust to ensure future affordability and to prevent renting of the houses. The respondent is proposing to build the homes to the Florida Green Build Coalition standards that will save the homeowners on energy costs. Staff has reviewed and scored the response which is attached for review (Attachment 2). FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDA TIONS/OPTIONS: Staff recommends entering into negotiations with the respondent for a development agreement with the intent that the agreement has controls for rental, maintenance and re-sale of the properties, The development agreement draft will be brought back to the Board for consideration at a later date. 0~~ Vivian L. Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\06-14-11 Meeting\OBW 21 HOME RFP.doc ~ ~ 0 Q r 0 .... N ~ I II' .... 11\ N l' I t: r' .~ ,. QI .... .. "- III ~ 0 .... ~ . \...- -. r I r I I L-_ r. ~ i ..... '" . 1 III UJ -f "0 IV f- $ _; L. :is.~ 0 lV=j[ UJ =~1I N " \~ ~ UJ UJ 0:: co co '" 6 c Z Q .. !!!"':5t: 0 "~50 ~ a~~~ .... c Attachment 1 18 >- V 0 co 0 I -_._-- ----- ~ -..----- --- TABLE OF CONTENTS 1. RESPONSE 2, EXHIBITS A. Certificate of Good Standing B, Team Member Resumes C. Completed Projects D, Application Packet E, Construction Schedule F, RFQ/RFP Acknowledgment Statement G, Drug-Free Workplace Certification H. PowerPoint Presentation 1. Ground Lease 3, FINANCIALS 4, ELEV A TIONS 5, CONTACT INFORMA nON RESPONSE fk Habitat " , , for Humanity- of South Palm Beach County Response to The Boynton Beach Community Redevelopment Agency Request For Developer Qualification and Proposal Ocean Breeze West May 27, 2011 1. Statement of Qualifications Habitat for Humanity of South Palm Beach County, lnc, (Habitat) is a non-profit 501 (c ) (3) organization dedicated to the elimination of substandard housing by building simple, decent, and affordable housing in partnership with God, our community partners and local organizations. Habitat was incorporated in the state of Florida in April 20, 1991, We have built 90 single family homes in Boynton Beach, Boca Raton, and Delray Beach in our 20 year history in South Palm Beach County, 39 of our homes were built within the city limits of Boynton Beach moving 39 families into simple, and affordable housing, Our latest development project was given it final certificate of occupancy on May 25, 2011. All of the families who purchased homes built by Habitat are in the '"low-income'. category or less than 80% of the area median income. Habitat for Humanity partners with builders and developers, as well as local community development corporations and municipalities, to create income-diverse neighborhoods that stabilize and enhance the value of communities across the country, To that end, Habitat is partnering with the Boynton Beach Faith Based Community Development Corporation to complete the development of Ocean Breeze West. Boynton Beach Faith Based Community Development Corporation is a non-profit 501 (c) (3) HUD Approved housing counseling organization dedicated to improving the lives of residents in Boynton Beach by revitalizing distressed neighborhoods, creating, and preserving sustainable communities, As part of this commitment, Boynton Beach CDC has undertaken the challenge of providing affordable homeownership opportunities to families with limited resources without regard to race, sex, nationality, religion or familiar status, Established in 1999 by a group of concerned residents, Boynton Beach CDC was created to address the lack of affordable housing for low income families in Boynton Beach. Frustrated with the pervasive conditions of slum, blight, crime, poverty and hopelessness, these community residents came together to address those pressing community issues, To date, Boynton Beach CDC has assisted 133 low and moderate income first-time homebuyers achieve the dream of home ownership. The CDC partners with area housing agencies, community development organizations, local builders, developers. and government entities to develop housing units that benefit low and moderate income families, Habitat for Humanity of South Palm Beach County 181 SE 5th Avenue Delray Beach, FL 33483 Boynton Beach Faith Based Community Development Corporation 2191 N Seacrest Blvd Boynton Beach FL 33435 j "II! I) Ii RL'""P\\Jl~;l..' Ii] i Ih... !l\i\I1[\1!! Ik\II..:h (, 11 !;11U!P\\ !{ .\lV\ i~'pllh.'nl :.!t:IlC\ 1\"l!Uc'q Ii ! lu:illli' ""lid 1'1, !J a~.~c :2 '1 Certificate of Good Standing See Exhihit A ~, Team Members and Qualifications Resumes are attached Exhihit B. a, Patrick Lamhe. Construction Manager/Hahitat IS responsihle for the project management and construction of the homes in Ocean Breeze West h, Mike Williams, Associate Executive Director/Family Services DirectodHahitat h responsihle for the community outreach and liaison including recruiting and qualifying potential homeO\vners, c, Mike Campbell. Executivc Director/Habitat is responsihle for thc general oversight of the all work completed hy Hahitat d. Keturah Joseph. Executive Director Boynton Beach Faith Based CDC is responsihle t()r the general supervision of all work and projects undertaken bv Boynton Beach CDC c, Davey F, Monis. General Contractor. Sunny South Construction Company. Ine Responsihility Project management t()J" the units in Ocean Breeze West to hc developed by Boynton Beach CDC f. LaShea Brooks, NSP Project Manager IS responsihle for all community outreach ll1c1uding marketing. sales and all recruitment and qualification of potential Boynton Beach CDC homehuyers Habitat for Humanity of South Palm Beach County 181 SE 5th Avenue Delray Beach, FL 33483 Boynton Beach Faith Based Community Development CorporaTiol 2191 N Seacrest Blvd Boynton Beach Fl 33435 Ocean Breeze West Response to The Boynton Beach Community Redevelopment Agency Request for Qualification and Proposal Page 3 of 12 4, Previous projects Most of the construction completed by Habitat for Humanity of South Palm Beach County has been single family homes on infill lots, The following are some projects recently completed by Habitat in the city of Boynton Beach. Exhibit C contains the details and photographs of the properties: a, Rai]road Avenue ./ ] 295 Rai]road A venue ./ ]29] Rai]road Avenue ./ 4]3NE]]thAvenue ./ 4]7 NE 11th Avenue ./ 419 NE 1 ]th Avenue b, Boynton Hills ./ 210 NW 7th Avenue ./ 228 NW 7th A venue ./ 713 NW 2nd Street ./ 72] NW 2nd Street In 20] 0 Habitat completed 7 single family homes in the city of Boynton Beach. So far in 2011 we have completed 5 more, Between 2009 and 2010, Boynton Beach completed construction of 4 new single family homes and collaborated with a for-profit developer to develop 4 addition a] new single family units for a combined total of 8 units developed between 2009 and 2010. The following are some recent properties developed by Boynton Beach CDC: ./ 603 N Seacrest B]vd, Boynton Beach ./ 605 N Seacrest Blvd, Boynton Beach ./ 607 N Seacrest B]vd, Boynton Beach ./ 2] 0 NE 13 th Ave, Boynton Beach Habitat for Humanity of South Palm Beach County 181 SE 5th Avenue Delray Beach, FL 33483 Boynton Beach Faith Based Community Development Corporation 2191 N Seacrest Blvd Boynton Beach FL 33435 iCl'dll Hn.'i..: J.'~ Rl'~Pl)lbl' 1" i it" L\mTIIl'1I Ikal:11 ( "IIiIllUIIII\ Red," cI(1pllIl'l1! ':-'l'!!,' R,.quc....t Umdlllldll"Jl llld,,-,, :t':.. -4 i 5, First-time homeownership program Habitat for Humanity a, Hahitat for Humanit\ of South Palm Beach ( ounty's tirst-time homeownership programs includes: Thc orientation of the prospective homeowner where the Hahitat program IS reviewed to ensure theIr understandIng and responsihilitles Including paI1nership and completIOn ot svveat equity hours 11. ApplicatIon are submitted and revIewed by our family selectIOn committee Exhibit [) IS ,\ complete application packet wIth instructions The selection commIttee IS 1l1ade up of\olunteers ii'OI11 the communit) primarily hom the tinanclalll1dustl'\ It IS thc committel' s responsihil1t\ to recommend apprmal or denIal of appl1cations without regard to race. color. rel1glOn. sex handicap, lamllIaI status. or natIOnal ongin rhe committee rev le\\" thl: applicant" credll, ll1come. residene\ status, and cnminal background bdiln: renderIng a deCIsion, Those files that are 11\\1 approved arl' referred to a hOUSIng counseling agency tu \\ urk IlI\ crediubudget skllls tll pOSitIon themsehes to he approved Il1 the future Ill. Prospeetl\e homemvners entcl :.1 non-hll1ding agreement With Habitat to partner with us tll hulld homes rhe\ commlt to completll1g 500 hours 01 sweat equitv which in additIOn to working on the construction sites mcludes attending mandatory home()\\ ner workshops and (lthel community sen Ice actIVItIes, The prospectnc homeo\vncr should be prepared to spend a mil1ll1lul1l of 12 months and up to 24 months accumulating the sweat equltv hours. Negative changes In theIr financwi situation during thiS period \.:an lead to their de-selectloll from the program 1\. Prospective homeowners are assigned a volunteer t~l111l1y supp0l1 partnel \. Prospeeti ve homeowners attend a mandatory monthly homeowner workshop where they recenT mstruetion on the following topics Budget & savll1gs (IDA I nderstanding & uSll1g credl1 Home maIntenance & repall -+ Homeowner Il1SUrallCl :.;; t ndcrslancling & preparing a \v'ill (1. (ommul1ltv Involvement Income lax preparation (VITA) :-; laIr Housing l) \Vorkslte Etiquette Habitat for Humanity of South Palm Beach County 181 SE 5th Avenue Delray Beach, FL 33483 Boynton Beach Faith Based Community Development Corporatloll 2191 N Seacrest Blvd Boynton Beach FL 33435 Ocean Breeze West Response to The Boynton Beach Community Redevelopment Agency Request for Qualification and Proposal Page 5 of 12 The prospective homeowner is required to also attend an 8-hour homebuyer workshop conducted by a HUD-approved housing counseling agency, VI. Prospective homeowners Boynton Beach CDC First Time Homebuyer Program Boynton Beach CDC first time homebuyer initiative includes the following interrelated housing components: Home Buyer Education and Counseling - The homebuyer education and counseling activity provide one-on-one counseling and group educational workshops to first time homebuyers, The goal is to assist all families overcome barriers to home ownership. Clients receive targeted training that not only help them qualify for a mortgage to buy a home, but also help ensure they fully understand the home buying process, This activity provides an eight hour in class first-time homebuyer course as well as individual home ownership counseling to low and moderate income families who desire to own a home,rst home. The vast majority of low and moderate income families face long term barriers to home ownership, Most of them have very little knowledge of the home buying process and are vulnerable to being targeted by predatory lenders, Additionally, they lack home ownership and home buying education; financial knowledge, discipline, and responsible behavior needed to improve the financial viability of their household, Boynton Beach CDC's homebuyer education and counseling program makes every effort to ensure each individual that acquires a home through our agency has been taught skills necessary to succeed. Counseling and administrative work require a great deal of time, Clients receive targeted training that not only help them qualify for a home, but also help ensure they fully understand the home buying process, Homebuyer counseling/education includes: ,. Prescreening and assessment financial situation to develop a plan to overcome barriers ,. Initial mortgage pre-qualification ,. Credit, budgeting, and money management ,. Understanding, building and maintaining good credit ,. Homeownership maintenance and preservation ,. Mortgage products, terms and services " Access to available down payment assistance programs , Post purchase counseling , Tips on avoiding predatory lending, , Ongoing support and follow-up Habitat for Humanity of South Palm Beach County 181 SE 5th Avenue Delray Beach, FL 33483 Boynton Beach Faith Based Community Development Corporation 2191 N Seacrest Blvd Boynton Beach FL 33435 ). ,'dll Hll" II i'k~I)()n~L' I" i hL' 1''''\'11(('11 l:kadl ( \'J111l1Ullll\ Rl'dl'\ ,.'il'Pllll:1lI \C'c'lh I<,'qli,'~l :"1 Oualll'll'dlliJli '!lid 1'" ~: I~! \ h Individual one-on-on eounselll1g VdrIeS and depends on the applicant's mortgage readiness, On average: , Minimum hours spent counselmg households that will be m0l1gage ready withIn SIX (6) months is :25 hours , Minimum spent counseling households that will be mortgage reach within 6 months is 50 hours , Minimum hours spent counseling households that will be mortgage ready beyond 1::: months of participation is XO hours. Individual counseling and guidance is provided over an extended period sometimes j()l as long as eighteen ( I X) months, Boynton rkach CJ)( . s Homebuyer Education and Counseling Program proVIdes essential int()rmation that helps tirst time buyers not onh qualify for a mortgage. but the program also allow them to fully understand the process and avoid predatory lending products and practices that contributed to the CUITent foreclosure crisis. In addition to the pre-purchase counseling. the CDC also offers post-purchase counseling, Post-purchase counseling covers topics such as property taxes. record keeping. Insurancl'. budgeting and home maintenance, Good lesions taught IJ1 the pre-purchasc program arc reinforced to the new home owner. The home maintenance component is designed t() teach home owners how to recognize and address small maintenance Issues they can handle themselves as opposed to the ones reqUIring profeSSIOnal help, The counseling prepares attendees to make minor repairs around their home as well as pointing out ongoing required seasonal maintenance To date the CDC has counseled over 2,462 clients. Homeownership/First Time Homebuyer ~ Boynton Beach CDC understands that a home is more than the concrete and other materials It takes to build It. :\ home IS a foundation upon which successful lives are built, It is a place to raise a family. be pan of a community. and build v,:ealth, Throughout its existence, Boynton Beach CDC has made housing a priority. especially the condition. availability and affordability of hous1l1g available to lew.: income families, The CDC buyers tind peace of mind and are empowered with knowledge and int'(.1n11ation. and gain contidence in theIr deCIsion to become homeowners, As previously stated, to date. the CDC has assisted 133 hnv and moderate-income tirst time buyers achieve the dream of home ownershIp. The Housing Counselor is there to guick applicants through the home bUYIng process and help them make intelligent decisions that increase their chanec of staying 111 their homes long tcrm, Staff prepares paperwork and perf<Jr1ns \ critications required to obtain Habitat for Humanity of South Palm Beach County 181 SE 5th Avenue Delray Beach. FL 33483 Boynton Beach Faith Based Community Development Corporation 2191 N Sea crest Bive: Bovnton Beach F 3343", Ocean Breeze West Response to The Boynton Beach Community Redevelopment Agency Request for Qualification and Proposal Page 7 of 12 mortgage approval from financial institutions and other funding entities, When necessary, CDC staff also guide clients in selecting lending institutions that offer loan products to low income buyers, First Time Homebuver Proiects Underwav - The current foreclosure crisis has contributed to a rapid decline of housing values in Boynton Beach and surrounding communities. Through a partnership with the City of Boynton Beach, Boynton Beach CDC utilized Neighborhood Stabilization Program (NSP) funding to purchase, rehabilitate and resell 15 foreclosed and/or abandoned homes to low/moderate income homebuyers, One unit have been completely rehabilitated and sold to a low income buyer. The remaining 14 units are presently undergoing rehabilitation. 9 of the remaining 14 units have been sold and once the rehabilitation is complete closing will take place, The second property is scheduled to close on 5/31/2011, Foreclosure Counseling - Risky lending practices and lax underwriting of the past few years have resulted in millions of families losing their homes and millions more oflosing their homes to foreclosure over the next few years. According to reports, mortgage delinquencies are higher than any other time in history, Families are losing their homes at record rates, and experts are predicting higher numbers this year. The CDC is presently providing foreclosure prevention counseling on a limited basis and is proposing to initiate a foreclosure prevention program designed to help large numbers of delinquent homeowners, in or close to foreclosure avoid foreclosure and save their homes, The CDC is committed to keeping families in their homes whenever possible, The proposed expanded foreclosure counseling activity will offer individual and group workshops designed to educate homeowners and provide effective alternatives to foreclosure and home loss, Individual counseling will include early delinquency intervention, budgeting, credit counseling and recovery, lender negotiations, refinancing options and foreclosure prevention strategies. Group workshops will provide suggestions and ideas on how homeowners can prepare for, and work through tough times, Homeowners will learn what to do when they become delinquent or are in jeopardy of being delinquent on their payments. The foreclosure counseling program offers the following services to homeowners who are at risk of foreclosure: ,. Negotiation Services: The Foreclosure Counselor will talk to lenders on behalf of the homeowner to attempt to work out a repayment plan that the client can afford, ,. Refinance Services: When possible, staff will try to find a new mortgage loan that fits the homeowner's budget. so they can keep their home. ,. Financial Counseling: The Foreclosure Counselor will help homeowners create a budget that will enable them to make the mortgage payments on time, as well as save for home repairs, utility bills, taxes and other home related expenses, ,. Outreach/Consumer Education The Foreclosure Counselor will carry out community outreach seminars/events to teach home owners, particularly elderly Habitat for Humanity of South Palm Beach County 181 SE 5th Avenue Delray Beach, FL 33483 Boynton Beach Faith Based Community Development Corporation 2191 N Seacrest Blvd Boynton Beach FL 33435 " "..\1 j 151c" RCSP(>1hC 1,\ I he Bll)lIl<)1i Bea,ll ( ,"J1IIl1lIJI1\ Rc'dl'\c'I(lPl1ll'llt \,'('11' l<t'ClUC,1 i,), ()lI,J!i1lc':lil\,r! ;jIlt! 1'",\), 1~! \.' ~ and low mcome homeowners ho\\ to rccciglll/C predatory lenders, and scam.,., they do not become victims and put theIr homes at risk The Foreclosure Counselmg Program has (lldy onc goal keeping hllni!Jcs 1I1 theIr home' whenever possible, The program IS deSIgned to help delinquent home owners m or elosi. to foreclosure avoid foreclosure and saVi: their homes The housing counselor analyzcs each individual family's situation, identil\ resources In address their circumstance, aSSh! the family in developing a plan of action,. and identifv options to save partiCipants hom, Prospective homeowners (List of Perspectl\e buyers IS attachi:d as Attachment") Boynton Beach CDC has an existing pipeline of 30 prospective buyers who have participated in the eDCs group home buyer counseling coursc and is presentl) participating in the individual onc-on-one c.:ounsding proCi:SS tpon compkting the individual counseling program, they will be given an oppOliunity to purchase an ()ceal1 Breeze West home if interestcd, The CDC partners with local churches. businesses. other housing and SOCial sen Ice agencies through which we disseminate information and f)'om whieh we receive referrals, Additionally, the CDC' hosts at least t\VO maior community events annual h to promote the CDC programs and services Habitat for Humanity of South Palm Beach County 181 SE 5th Avenue Delray Beach, FL 33483 Boynton Beach Faith Based Community Development Corpo\atlo\, 2191 N Seacrest Blvd Boynton Beach H 33435 Ocean Breeze West Response to The Boynton Beach Community Redevelopment Agency Request for Qualification and Proposal Page 9 of 12 6, Ocean Breeze West Project Proposal The Ocean Breeze West Community will be mixed income including families earning up to 120% of the area median (AMI) as defined by the Department of Housing and Urban Development (HUD). Although the community will be mixed income the homes will include similar amenities and characteristics so that they are cannot be differentiated based on income level. The land in the community will be placed in the Habitat for Humanity of South Palm Beach County Housing Land Trust (CHL T) to ensure affordability of the properties into the future, By placing the land in the CHL T the homeowners would purchase only the improvement and be taxed on the improvement, thereby improving the affordability of the home, The CHL T ground lease agreement (Exhibit I) will require the property be sold back to the CHL T with controlled profit/loss to the homeowner. Ocean Breeze West will be built to Florida Green Build Coalition standards with water saving measures that include shared wells, rainwater retention, and buildings that will meet energy star ratings at their completion at a minimum. The following amenities are required in each home and will conform to or exceed the City of Boynton Beach's codes and regulations unless otherwise specified: a. Three-bedrooms with one (I) master bedroom, The number of bedrooms may increase if the family size warrants it. b, Two full bathrooms including one in the master bedroom, c, The master bedroom will be a minimum of 13'xI4' and contain a walk-in closet. d, Double kitchen sink. e. Interior and exterior light fixture package. f. Ceramic tile in the entry-way, kitchen and bathrooms; carpet elsewhere, g, Appliances will be new and include: washer, dryer, range, range hood, garbage disposal, refrigerator, and ceiling fans in all bedrooms and living room, h, Wiring for: security system, cable, internet and telephone, 1. Window treatments must be mini-blinds or upgrade. J. Automated in-ground sprinkler system, including swale, k. One-car garage. 1. Impact-resistant windows (Dade-county standards). m, Landscaping to exceed the City of Boynton Beach code requirements, n, Overall design of each home will conform to the design recommendations in the Heart of Boynton (HOB) Community Redevelopment Plan and the HOB Master Plans and Schematic Designs, Habitat for Humanity of South Palm Beach County 181 SE 5th Avenue Delray Beach, FL 33483 Boynton Beach Faith Based Community Development Corporation 2191 N Sea crest Blvd Boynton Beach FL 33435 l,.'l...all hl\~... ReSpOIlSe'll' I he 15\)\ Ill< III Ikalh ( , )l1iI1lUIlJI\ I<.'ell" t'!t.>pml'lil \"\.'11\ IU,ilil1l III 1!ld 1'1"1" c:\' 10 , Elevations and basIl' n(\(lr plan:< arc undL'1 thL' elcvations tab, Home constructions \\ i II be completed b) Ilab]tat s construction department and volunteers, The constructIOn penod wIll bc ::; months hlr each home trom "',!ah' Ie ce]iitlcate of occupanc:v, Habitat will start constructIOn of I home everv 2. weeb until we have 4 homes currentl v under l'Ol1structlO1l As the homes are completed \\ c will stal1 new homes keeping the maximum number of home under construction ai one time to 4, See Exhibit F constructIon schedule 7, Project Cost Estimate The square footage of the homes will rangc between 1,600 to 1.800 sq. tt The followll1t2 unit cost breakdown IS based on unit with Unit Cost Breakdown P e1111 its .,............, ....,.... Architectural Design .. Plumbing....., ,..". Slab.... , ..,S 16.000,00 , ..,S8.000,OO ..S3.000,OO ..$20,OOO,()() .,$ I 0.000,00 ,.,S3.000,O() .,,$3.000,00 . S3.000,OO .S 1.500,()O ..$ 1.400,00 .S] 1.600,00 $J2~;;]Q,Q() Framing..,............ ... Mechanical.......,.., Electrical, ..'.... Insulation.".....,. , Painting .................. Appliances",.". .. Trim.., ...,..",...... Other Bldg Materials. . Total U nit Cost ...."..,....,..,......,....,...,......,....""......,... ,....,$100,000,00 Total Project Cost Breakdown 15 homes (Families below 80% of AM\) , 6 homes (families 800/1) - 120% of AMI) ,S 1.500.000,00 ,$675.000,00 Total Project Cost ,......"......"......,........""",."...,...."....$2,175,000,00 Habitat for Humanity of South Palm Beach County 181 SE 5'0 Avenue Delray Beach, FL 33483 Boynton Beach Faith Based Community Development Corporation 2191 N Sea crest Blvd Boynton Beach FlB435 Ocean Breeze West Response to The Boynton Beach Community Redevelopment Agency Request for Qualification and Proposal Page 11 of 12 8, Audited Financial See the Financials tab 9, Target Home Owner Population 6 of the homes in Ocean Breeze West will go to families earning between 80% - 120% of the AMI. The remaining 15 homes will go to families earning less than 80% of the AMI 10. Local Community /Business Involvement Habitat for Humanity uses local volunteers for the construction. The following is a list of paid vendors that we currently use in building our homes: a, Yukon Construction b. Obrien Suiter & Obrein c, Lindstrom Air Conditioning d. Kohler Plumbing e. Professional Insulation f. Halcon Construction Boynton Beach CDC is committed to utilizing local vendors. Boynton Beach CDC is presently rehabilitating 15 homes for resale and is presently utilizing the services of several local business and vendors, The CDC makes every effort to use local vendors whenever its economically feasible Land Acquisition / Development Agreement Habitat for Humanity/Boynton Beach CDC propose to purchase the property from the Boynton Beach CRA in the amount of $1.00. Due to the continuing devaluation of house values the uncertainty of the housing market, that destabilizing effect of the ongoing foreclosure crisis, it is likely that upon construction completion of the Ocean Breeze West units, the appraisal values will be lower than the cost to build. As such, it is not financially feasible to purchase the land and/or assume the cost of the land can be recaptured. 11, RFP Acknowledgement See Exhibit F Habitat for Humanity of South Palm Beach County 181 SE 5th Avenue Delray Beach, FL 33483 Boynton Beach Faith Based Community Development Corporation 2191 N Seacrest Blvd Boynton Beach FL 33435 \.''.1 I j I) 1 !". \,1 Rl'~p\)Il~e l" I he H\\\I1t\ll1lk,l\:h ( \'IIII1IUI1I1\ Rl'dc\\'lnplll\'J1! \lC.l'II,.'. k,:qUl"t \1 \.)u:ililll';\lI''f\ md h', ':11'\ 11 12, Certification of Drug Free \Vorkplac(' See Exhibit Ci 13. Presentation See Exhibit H 14, Lobbying Efforts Habitat tor Humanity does not employ or engage any individuals to lobbv on its behalf Habitat for Humanity of South Palm Beach County 181 SE 5th Avenue Delray Beach, FL 33483 Boynton Beach Faith Based Community Development Corporatlor' 2191 N Sea crest Blvd Boynton Beach FL 33435 EXHIBITS EXHIBIT A Certificate of Good Standing r r I I (' I State of Florida Department of State I certif from the records of this office that HABIT AT FOR HUMAlfITY OF SOUTH PALM BEACH COUNTY, INC. is a corporatIon organized under the laws of the State of Florida, filed on April29 1991. The doc I ment number of this corporation is N43200. I further certify that said corporation has paid all fees due this office through pecember 31, 2011, that its most recent annual report was filed on March 28, 2011, and its status is active. I furthe~ certify that said corporation has not filed Articles of Dissolution. ~--~~... . ." :1~;".". & ,". ..., . ._ _, nO._ ,~. , ". ~ .1,,;;' '::I- ~-<.i>"'" . .... -r ...__ '.' _~. 7 -~ :--i::-' _ ' ~,' ~ ", ';?, ',- [.:".:;,:":, ~. -. L.' m. ~.-.:-. ,'. ,:......... L . .:r....-, . 'j_ . ,:- .', .!!j.~~~:~;j~...:~\ , .......:..... _. '., '.... : ~\"':..~ :~-~: ::~ /~./ .' '/'>~ J:. ,_,~ ........J~..!- '. i'~ :,""-;'~ }~.'.l. ,;,:!,:.' ~""~~ Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twenty Fifth day of May, 2011 ~"{) Secretary of State Authentication JD: 700208096807-052511-N43200 To authenticate this certificate, visit the following site, enter this JD, and then follow the instructions displayed. https://efile.sunbiz.orglcertauthver.html EXHIBIT B Team Member Resumes MICHAEL E. CAMPBELL 5354 NW 1215t Avenue Coral Springs, FL 33076 Telephone: (954) 575-80441 E-mail: mcmcamDbell@hotmail.com Accomplished Director of Non-Profit and Government organizations with over 20 years of experience and a proven track record in developing and managing strategic plans, operating budgets, raising funds in excess of $100,000, managing government relations, coordinating volunteers and managing staff of up to 150. Excellent communicator able to build and maintain positive relationships with a broad range of people from interdisciplinary teams, volunteers, mass media and Board of Directors. Highly organized, proactive professional with leadership experience in motivating a team to top productivity. Computer skills include: Excel, Windows XP, Corel and Microsoft Publisher. PROFESSIONAL EXPERIENCE ._--_._~---~--- HABITAT FOR HUMANITY SOUTH PALM BEACH CO. Delray Beach FL 2006 - Present A private non-profit ecumenical organization that is determined to eradicate poverty housing from South Palm Beach one family at a time. Executive Director · Manage all affiliate operations · Manage a resale store with 5 employees and an administration office that has two full- time staff and 3 part-time staff. .. Coordinated and recruit up to 2600 volunteers to help with office administration and construction of simple, decent, affordable housing. · Raise capital to acquire land, housing materials and pay for administrative expense while maintaining an overhead of less than ten percent. · Direct activities for a low economic population, initiating, mobilizing and managing resource development activities by developing coalitions to increase donations. VIRGINIA BEACH PARKS & RECREATION Virginia Beach, VA 2000 to 2005 A government organization responsible for managing Sea tack Recreation Center and Owl Creek Tennis Center for City of Virginia Beach. Virginia Beach is the 9th largest parks and recreation department in the country. Coordinator · Developed and managed $500,000 in revenue and $1,000,275 in operating expenses. · Managed two facilities, six full-time staff and 27 part-time employees. · Coordinated and recruited volunteers while providing training to volunteer leaders and trainers. · Generated a revenue surplus of 32% in Seatack Recreation Center. · Directed activities for a low economic population, initiating, mobilizing and managing resource development activities by developing coalition to increase donations. · Created marketing and capital development for program initiatives, resulting in a $25,000 donation to build a climbing wall, implementation of a Kids Cafe to feed hot nutritious meals after school to children in need while participating in tutoring sessions at seven sites throughout the community. · Chairman for Morale Committee of the department, serving over 700 employees. CITY OF GRAPEVINE PARKS & RECREATION, Grapevine, Texas 1998 to 2000 A three year old, state of the art recreation center used as a model for many other centers across the state of Texas. Recreation SUDervisor (. Supervised facility operations, managing a $275,000 membership budget for a 47,000 sq ft fitness and recreation facility. .' Managed program operations with a $400,000 program budget and 67 contract employees. o Supervised and developed a staff of three full-time, 17 part-time customer service staff and one part-time Recreation Coordinator. .. Drafted three youth initiatives grants for At-Risk Youth, generating $10,000 in funds. .. Developed and implemented citywide fitness and wellness activities for 597 employees. c. Implement three major community special events with over 800 people in attendance. · Produced two citywide health fairs to provide an opportunity for all employees to meet benefit planners and learn about extended health benefits offered by the city. MICHAEL E. CAMPBELL Page 2 YMCA, Ft, Worth, Texas; Dayton & Lebanon, OH, Detroit, MI 1987 to 1998 Managed program development at four different locations during eleven years of service at one of oldest, largest non-profit organizations in the United States. Providing volunteer recruitment, nitch marketing, diversified programming, enhanced customer services skills and developed the needed tools to create fiscal responsibility and facility management. Director · Recruited directors to serve on boards, cultivated corporate sponsors and maintained on going relationships with volunteers. · Operated licensed youth programs and after school child-care. · Generated $1.2 million of a $4 million dollar capital campaign through creating and maintaining on-going relationships with corporate sponsors and community leaders. · Responsible for facility operations for four centers with budgets ranging from $500,000 to $1.2 million. · Supervised staff including seven full-time, 143 part-time, and approximately 200 volunteers. · Planned and implemented Metropolitan marketing campaigns ranging from $3,000 to $10,000. · Received over $14,000 in Grant Awards. · Developed volunteers to coordinate eight major fund-raising events, raising over $250,000 annually. · Collaborated with local city in developing the Head Start preschool program. · Coordinated four Wyandotte River Runs with over 500 runners annually. · Created informal youth and adult education programs. · Implemented summer day camps and teen camps, servicing over 400 youth annually. · Developed teen and family programs including Y-Indian programs and inner-city at-risk programs. · Increased membership by 13% annually through quality member services. · Supervised youth and adult sport leagues with participation ranging from 400 to 3,000 people annually. · Managed multiple fitness & aerobics centers. EDUCATION M.B.A., Averett University, Danville Virginia B.A., University of Kentucky, Lexington, KY - Major: Education/Parks & Recreation 8/06 12/86 PROFESSIONAL ASSOCIATIONS/COMMUNITY ACTIVITIES ---- - --- - ---- Member, Virginia Beach Foundation/BEACH FUND President, North Landing PTA Chairman, BEACH FUND Golf Tournament Member, Rotary International, Optimist Club International, Kiwanis Club International Vice President, Summerfields Youth Program Volunteer Instructor, American Heart Association 23-Year Volunteer, Red Cross MICHAEL A. WILLIAMS EXPERIENCE HABITAT FOR HUMANITY OF SOUTH PALM BEACH, Delray Beach, FL ASSOCIATE EXECUTIVE DIRECTOR/FAMILY SERVICES May 2010 - Present Responsible for the operational/administrative management of the affiliate including the coordination of the selection and support of Habitat families including community outreach, evaluation, approval, and education. Manages the mortgage servicing process, community housing and land trust, volunteer coordination, and family services committees. LIFE IMPROVEMENT FOR TOMORROW, West Palm Beach, FL EXECUTIVE DIRECTOR Nov 2008 - May 2010 Responsible for the day-to-day operation of the organization including planning, staffing, budgeting. Coordinates the homebuyer workshop and case management activities of the family self sufficiency program and housing counseling program. Provides foreclosure intervention counseling and reporting, Also responsible for completing and submitting grant requests and reporting results as required. SUNTRUST MORTGAGE, Sunrise, FL MORTGAGE CONSULTANT May 2005 - Oct 2008 Responsible for originating and closing 1 sl mortgage loans primarily to 151 Time Homebuyer utilizing the various 151 Time Homebuyer Program and purchase assistance programs. · Consistently among the top 5 CRA loan producers in South Florida · Member of the Palm Beach County Affordable Housing Collaborative · Member of the Broward County Affordable Housing Task Force BANKA TLANTIC, Ft. Lauderdale, FL April 2004 - May 2005 AFFORDABLE HOUSING SPECIALIST Responsible for origination & closing of $6M in CRA loans in Broward, Palm Beach, Martin & St Lucie counties, Also: · Active involvement in outreach programs in the community. · Conduct Home Buyers Workshops when needed. · Counsel clients on a one-on-one level regarding home ownership, · Participate community functions, particularly as they relate to community development and housing.. · Work with market managers to develop first-time home buyer's market areas, · Assist market managers in motivating and training branch associates in the area of CRA lending. AMTRUST BANK, Delray Beach, FL 2000 - 2004 BRANCH SALES MANAGER / LOAN OFFICER Responsible for the day-to-day operations of the branch, including business and staff development. Originated and processed mortgage and home equity loans from application to closing. Regularly conducted first-time homebuyer semmars, · Opened the East Delray Beach branch in 2000, and built the deposit base to $80 million in the first three years during a declining economy and falling interest rates. · Generated annual origination & closings of $5 million in 1 sl mortgages and $1 million in Home Equity Loans as the sole loan officer in the branch. · Led the organization's continued efforts in the Community Reinvestment Act (CRA), providing education, products, and services to low to moderate income (LMI) individuals. Trained all South Florida managers on FDIC's Money Smart Financial Literacy modules. Developed relationships with several non-profit organizations to reach out to these LMI individuals, dramatically increasing these types of loans throughout the South Florida market. NATIONAL COUNCIL ON COMPENSATION INSURANCE, Boca Raton, FL 1992 - 2000 PRODUCT MANAGER (1995 - 2000) Responsible for "Proof of Coverage" product, including full-life cycle development, testing, and implementation. Initiated marketing promotions by way of marketing collateral, trade shows, competition, business-to- business promotions, and presentations. Developed and implemented training programs. Analyzed sales performance and competitive products to improve marketing strategies and revenue performance. Prepared and presented executive level status reports internally and externally. . Developed, directed and implemented business plans utilizing a project life cycle methodology and project control, increasing revenue from $2 million to $4.5 million while maintaining operating costs. Became company's highest profit margin product. . Conducted beta tests, pilot programs, and focus groups with a team of internal and external customers for product development research and user requirement definitions, resolving data issues and problems by reformatting the current data to be implemented across multiple platforms throughout the US, . Developed strategic plans for product growth, aligning the product's functionality and marketability with the company's overall business objectives. PROCESS CHANGE CONSULTANT (1992 - 1995) Led and participated in various reengineering projects to Improve overall efficiencies and cost reduction within the council. . Consolidated eight field offices into one centralized operation, eliminating redundancy and saving the organization $3 million annually. . Redesigned the experience rating process, improving the efficiency of data reporting to insurance companies and state regulators. EAGLE NATIONAL BANK, Miami, FL 1990 - 1992 ASSISTANT VICE PRESIDENT RETAIL BANKING Responsible for all operations for eight retail branches, including compliance, security, and back office procedures. . Redesigned the bank' s processing procedures that resulted in a 50% reduction in staffing costs for the operations (Proof of Deposit, Bookkeeping, and Wire Transfer Departments). . Consolidated the security monitoring of the bank's branch offices to a single company through a RFP process. reducing the occurrences of false alarm fines by 95%. .' Documented workflows and procedures for training and reference for the teller and operations departments, reducing ramp-up time for new and existing employees. . Automated the currency transaction reporting process, increasing efficiency for government compliance. CENTRUST SAVINGS BANK, Miami, FL 1979 - 1990 ASSISTANT VICE PRESIDENT, BRANCH OPERA nONS (1985 - 1990) Responsible for all operational bank policies and procedures. Provided operations training for 65 retail branches, .. Established the Operations Management Department, eliminating policy and procedure inconsistencies between the different branches. This department was also instrumental in the smooth integration of new and acquired bank branches. . Provided cost/benefit analysis to Banking Operations Department managers, ensuring that new products and procedures would positively impact the organization, . Automated the branches from dumb tenninals to PC-based applications, providing bank employees with up-to-date information and faster processing. BRANCH MANAGER (1983 - 1985) Responsible for deposit growth/stabilization and loan generation. Managed, trained, hired, and terminated branch employees, Was assigned to two different branches during this time. . Grew deposit base from $8 million to $16 million within a 7 -month period. . Assigned to the Edison Center branch to correct serious operational deficiencies and stabilize deposit base. Cross- trained staff in all areas of branch operations, resulting in the lowest error rate within the organization, Developed community and public relations strategies, stabilizing the deposit base, EDUCATION & CERTIFICA nONS University of Miami, Coral Gables, FL................. Bachelor's Degree, Mathematics Nan McKay......................,.................................... Family Self Sufficieny Case Management, Certification N(:ighborWorks@ America ................................... Housing Counseling, Certification NeighborWorks@ America ................................... Foreclosure Intervention Counseling, Certification PATRICK J. LAMBE 7950 State Rd. 78 West Okeechobee, FL 34974 13014 Hampton Lakes Circle Boynton Beachl FL 33436 Home Phone #: (561) 638-6564 Cell Phone #: (561) 436-4435 E-mail: lambe_p@yahoo.com OVERVIEW Construction Manager/Supervisor with demonstrated strengths in residential and commercial projects. Consistent record of achievement in meeting budget constraints, improving quality, client satisfaction/zero punch list, and meeting deadlines. AREAS OF EXPERTISE · Multiple Project Management · Contract Administration · Cost Control · Building Codes and Permitting · Plan Review · Field Supervision · Quality Control · Site Development · Scheduling and Phasing · layout · Carpentry Rough/Finish · Resourceful Troubleshooter · Safety/OSHA · Closeouts and Finishes PROFILE · Profit/Quality-Minded with extensive experience in planning and supervision of construction operations. · Excellent interpersonal and communication skills resulting in effective relationships with city and state officials, architects, engineers, subcontractors, vendors, clients, and project associates. · Creative problem solver. Resourceful troubleshooter capable of developing and initiating solutions to complex problems. · Stellar record of meeting budgetary, schedule, and performance requirements. Committed to outstanding quality control, and customer satisfaction. PROFESSIONAL HISTORY Southern Homes - Davie, Fl (2006-2008) Construction ManaRer/Builder III Significantly reduced cost by establishing accountability for subcontractor performance. Eliminated the need for a large punch-out staff. III Established positive communications between client and developer resulting in more timely closings, and more satisfied homeowners. .. Developed and implemented pre-inspection checklists which resulted in increased productivity, staying within budget, and delivering a quality product. III Earned the respect of building officials by creating a safe, and exceptionally clean working environment, and by establishing a superior record for passing required inspections. III Conducted pre-construction meetings between clients, sales associates, subcontractors, and architects. · Performed final walk-thru inspections with clients, supervised completion of punch lists; and assisted service dept with warranty lists. III Supervised construction staff personnel and subcontractors. · Worked with design team to accommodate client needs and resolve structural issues. Centerline Homes - Coral Springs, FL (2001 - 2006) Custom Home ManaRer III Directly responsible for coordinating and supervision of all luxury homes built on clients property. III Involved in complete life cycle of multiple projects from securing estimates, purchasing, subcontract administration, scheduling, inspections, and quality control. · Supervision of site prep, lot clearing, demolition work, stem-wall, seawall, and pilings. · Worked closely with several architectural and engineering teams in the design, and construction phases of each luxury home. Toll Brothers - Defray Beach, Fl (1998 -2001) Construction Mana~er r: Accountable for production, quality, scheduling, cost management, inspections, project documentation, customer satisfaction, execution, and completions for this luxury home developer. 11 Closely monitored change orders, implemented into schedule, and coordinated architecturaJ revisions with building department. · Worked directly with building officials during permitting and construction to streamline process and expedite job completion. · Inspected all work during construction to ensure compliance with plans, and building codes. If Received many acknowledgements from clients, and management for delivering homes on time, within budget, and exceeding clients expectations. G l Homes - Coral Springs, FL (1991 - 1998) Construction Suoerintendent · Supervised and coordinated all aspects of the construction process for this custom home developer. · Consistently maintained fast-paced production while ensuring outstanding quality. · Successfully closed an average of 4 homes per month, year after year. · Was elected to build the personal homes for GL Homes executives. Florida Palm Aire - Pompano, FL (1988 to 1991) Director of Construction (Palm Beach County} · Directly responsible for management and supervision of all projects in Palm Beach County. Projects included Town Houses, Luxury Hi-Rise Apartments, and Custom Homes. Namil Corporation/Rellim Realty - Delray Beach Fl- (1980 TO 1988) Director of Construction: Residential Division r( Responsible for the construction and supervision of all single family homes and duplex units in the Wood lake Developmentc Director of Construction: Commercial Division: (1984 to 1988l w; Supervised all Land Development work which included site clearing, underground utilities, road and parking lots. · Managed and supervised the construction of office bUildings, restaurants, retail stores, medical facilities, and bank buildings. EDUCATION Dutchess Community College - New York State. Keturah T.. Joseph 846 Gazetta Way, W. West Palm Beach, FL 33413 Home Phone: (561) 228-1143 Cell: (561) 309-8084 Email: kjosephI6@gmai1.com Professional Profile · Over 20 years of management experience within diverse environments · Over 17 years of experience in developing, planning, implementing and directing housing and community development programs · In-depth knowledge of federal regulations of CDBG, HOME and State housing programs · Sound knowledge of mortgage lending criteria and experience in credit analysis, and underwriting · Responsible for development and monitoring over $12 million annual budget · Direct supervision of over 20 employees · Solution-focused and results driven with prove ability to meet programmatic and budgetary requirements · Strong leadership, organizational and communication skills PROFESSIONAL EXPERIENCE Executive Director/Consultant Boynton Beach Faith Based Community Development Corp RM. Lee Community Development Corporation Position entails directing the affordable housing and community development efforts of two non- profit community development organizations, ResponSibilities include project development, grant writing, and community redevelopment through targeted real estate development. 2008 - Present Licensed Real Estate Sales Associate 1995 - Present 13 + years of real estate sales and development experience, including contract negotiations. Interact with sellers, lending professionals, attorneys and appraisers to negotiate real estate sales, Facilitate total sales process from inception to closing providing continual follow up to all parties to ensure timely closings. Manager Palm Beach County Commission on Affordable Housing 2000 - 2007 Managed the County's Affordable Housing programs that assisted over 200 families annually. Responsibilities included development, coordination and implementation of all affordable housing programs and policies. Prepared and advertised Request for Proposals, reviewed funding requests, recommended funding approval or denial, prepared grant agreements and approved reimbursement requests. Served as compliance manager ensuring compliance with complex state, federal and county rules, regulations and statutory requirements. Identified and corrected compliance gaps. Monitored grant recipients to ensure conformance to performance measures. Reviewed/audited grant recipients finances, clients' files and other relevant documentation to ensure funds were used as stipulated in the grant agreements, Conducted on-site monitoring visits to examine recipients' financial records for regulatory compliance. Acted as liaison with auditors, monitors and other regulatory agencies, Keturah T. Joseph Summary of Qualifications Page Two Program Manager/Consultant Lake Worth Community Deve/opment Corporation 1999 - 2000 lake Worth, FL Developed, directed and managed the agency's affordable housing program. Provided technical assistance to applicants, conducted homebuyers workshops, reviewed clients' application to determine program eligibility credit worthiness. Identified, evaluated, negotiated and recommend vacant land for purchase. Worked closely with public and private lending agencies to secure public and private mortgage funding for applicants. Residential Lending Consultant Community Financing Consortium 1997 - 1999 West Palm Beach, FL Developed relationships with clients, housing officials, real estate professionals and community partners to cultivate new business opportunities and maintain productive relationships. Reviewed clients' financial documents, budget and credit to determine credit worthiness. Negotiated, originated and structured loans. Interacted with community partners to induce and increase productivity Housing Director/Consultant Center for Technology, Enterprise & Deve/opment 1997 -1999 De/ray Beach, FL Management of a non-profit housing development activities involved in the provision of affordable homeownership opportunities, homebuyer education and community redevelopment. Conducted detailed site analysis and coordinated and site selection and acquisition. Supervised staff, acted as liaison with government agencies and lending representatives to ensure compliance with grant program guidelines and procedures Area Director 1992- 1997 Centro Campesino Farmworker Center, Inc. South Bay, FL Managed the day to day operation of the Glades area office. Duties were construction supervision and management, site acquisition, construction contract negotiation, due-diligence and financing of the agency's affordable housing program in a tri-city area. Created special partnerships with financial institutions, community development corporations and government agencies to provide reduced cost mortgage loans and subordinate debt and equity to non- traditional home buyers. Program Director 1988 -1992 NOAH Development Corporation Belle Glade, Fl As Director, position called for all management decisions. program development and implementation and overall operations eDUCATION Nova South Eastern University: Currently pursuing dual MBA and MPA degrees Florida Atlantic University, BA Degree in Business Administration Gold Coast School of Real Estate, licensed Real Estate Broker Licensed Mortgage Broker S. lashea Brooks 1349 West 35111 Street Riviera Beach, Florida 33404 561-312-4441 Cellular slbrooks09taNahoo.com E-mail Summary of Qualification: Project Manager Senior Retail Residential Lending Consultant Mortgage Loan Originator Program Assistant Assistant Bank Branch Manager Professional Background: 2009 - Present Boynton Beach Faith Based Community Development Corporation Project Manager Coordinate and implement the activities of newly established housing preservation programs that include the Neighborhood Stabilization Program (NSP). Develop, implement and monitor NSP program guidelines, policies and procedures established by the U.S. Department of Housing and Urban Development (HUD), local Housing Comprehensive Plan and Federal HOME Program. · Identifies bank owned properties for sale, negotiate agreement for purchase of real property · Prepare, interpret and negotiate purchase/sales contracts of to be utilized for acquisition, rehabilitation and disposition · Facilitate implementation of newly established NSP program; organize workshops, and hearing to inform the public of program availability · Answer questions and speak before developers, community groups, residents, real estate professionals and financial institutions on new housing development initiatives · Develop, oversee and monitor residential mortgage financial mechanism for homeownership activities · Manage day-to-day operational aspects of NSP housing project · Facilitate NSP Property CDC/Contractor Closings · Interactive daily with Contractors, sub-contractors and their staff · Track and monitor all cost associated with properties · Coordinate and conduct property site visits and inspections · Interactive daily with Contractors, sub-contractors and their staff 2004 - 2008 HSBC Bank Mortgage Corporation, Inc. (USA) Senior Retail lending Consultant Build continuous relationships with clients, colleagues, community partners, local government, Financial Institutions, Real Estate Professionals, Nonprofits, Develope/1), Attorneys, and Affinity Groups that depend on expert advice to define investment objectives. Professionally and effectively interacted with partners to develop a productive working relationship, promote goodwill and create business opportunities. Conducted activities to assist the organization achieve its mission. . · Conducted business dealing with highest level of integrity, professionalism and regard for customers, corporate guidelines and legal regulations. · Motivated and assisted colleagues with product knowledge, criteria, guidelines and regulations. · Effectively interacted professionally with Colleagues, CommlJnity Partners, Federal, State, and Local Government, Lenders, Realtors, Nonprofits, Developers, Attorneys, and Affinity Groups to set policies and utilize best practices. 1 · Planned and conducted financial, budget, credit and granUsubsidy training for nonprofits, homebuyers, community-based organizations, Realtors and Developers · Knowledge of underwriting requirements for FNMA, FHLMC, FHA, VA, Bond and Grant programs · Through knowledge of State Housing Initiative Partnership (SHIP) and Home Investment Partnership (HOME) programs · Reviewed, assessed and monitored contracts, bid proposals and legal documents i.e. lease/rental agreements, contract addendums, amendments, restrictive covenants, articles of incorporations and homeowners association documents · Analyzed tax returns and financial statements including, but not limited to revenue and expense statements, balance sheets, and cash flow statements. · Negotiated, originated, coordinated and structured major complex loan involving several partners. · Mastered knowledge of financial industry, products, and financial indicators that gauge industry. · Monitored financial and statistical analysis of new programs, projects and services using marketing and software applications. · Maintained knowledge of local, state, and national laws (e.g. permitting, zoning ordinances). · Accumulated market statistics and formulated weekly reports, · Partnered with Developers, Contractors and Construction Vendors to induce and increase productivity, · Utilized current relationship with lenders and equity sources that assisted in indentifying new investment opportunities. · Maintained dally productivity measurements and reporting system. · Monitored, managed and maintained extensive contact pipeline of clients and partners databases. 2001 - 2004 Community Financing Consortium, Inc. Mortgage Loan Originator Developed and maintained quality, continuous source of business relationships to originate mortgage loans, while simultaneously seeking out prospective borrowers andlor responding to borrowers inquires. · Established a database of business sources. · Reviewed sales contracts, addendums, bid proposals, lease/rental agreements and legal documents. · Evaluated credit reports, tax returns and financial statements. · Collaborated with Financial Institutions, Nonprofits, Realtors, State and Local Government . Supervised, evaluated and trained staff. · Partnered with grassroots organization and community-based organizations to acquire clients · Conducted Homebuyer, Credit, and Budget seminars for community development corporations non profits and for-profit organizations, 1999 - 2001 Citibank, FSB Community Mortgage Loan Specialist Solicited nonprofits/grassroots organizations, realtors, governmental agencies and social service agencies for individual(s) seeking to become homeowners. This included prequalifying applicants, determining credit readiness, selecting the best mortgage product and accessing state and/or county grants for mortgage assistance. Promoted the bank products and services to clients and ensure. . Reviewed sales contracts, addendums, bid proposals, lease/rental agreements and legal documents. . Maintained database of partners and clients. . Evaluated credit reports, tax returns and financial statements. . Conducted First-Time Homebuyer Seminar and Credit Counseling Workshops. · Collaborated with the County, Municipalities, State and Local Government Agencies, Financial Institutions, nonprofits, Realtors and grassroots organizations. .2 1995 - 1999 Local Initiatives Support Corporation (L1SC) Program Assistant Worked with community-based organizations, financial institutions, municipal, county and federal housing and community development departments, and an array of development specialist locally and nation-wide. The work involved backstopping L1SC's training, technical assistance and lending activities. Multi-faceted duties involved program administration and coordination, financial management and monitoring of L1SC funded projects. · Prepared, designed and implemented marketing strategies for community development corporations, L1SC Community Development Training Institute, collaborative and grassroots organizations and L1SC sponsored functions. · Designed marketing and communication material for media e.g. press releases and press advisories. · Published and distributed quarterly newsletter. . Compiled data for grant writing. · Devised fundraising tracking system. . Coordinated and conducted training workshops. 1995 - 1990 Barnett Bank of Palm Beach County Residential Lending Customer Service Representative Ensured loan officers adhered by Bank and Federal guidelines and compliance rules. Tracked, monitored and provided compliance infraction reports to Mortgage Managers. · Assigned mortgage loans to loan officers. . Input mortgage loans in system. · Prepared disclosures in accordance to federal regulations. · Ordered credit reports, appraisals, flood certifications and title work. · Audited loan information submitted by loan officer for adherence to federal and bank compliance; tracked violations to ensure corrections were performed. · Maintained current knowledge of all mortgage loan products and programs. 1990 - 1983 Royal Palm Savings Bank (this was acquired by Barnett Bank) Assistant Branch Manager Supported the Branch Manager and assist with attaining branch goals. Encouraged and maintained a customer-driven service and sales environment. Supervised, trained and evaluated all bank employees. · Supervised, trained and oversaw all staff (various positions). · Assumed responsibility for branch in the absence of Branch Manager. · Provided customer service. · Solved staff and customer complaints and problems. · Performed monthly branch audits. . Interviewed and hired staff. · Evaluated staff semi-annually and annually on performance. · Conducted weekly staff meetings. · Motivated staff to provide excellent customer service and to increase bank profit and sales. Education: Bachelor of Science Degree Palm Beach Atlantic University Master of Public Administration Nova Southeastern University (Enrolled) 3 Training/Courses: Neighborhood Stabilization Program (NSP) Acquisition, Rehabilitation and Disposition Neighborhood Stabilization Program (NSP) Program Delivery Neighborhood Stabilization Program (NSP) Housing Development Finance US Department of Housing & Urban Development (HUD) FHA Programs Effective Business Writing Effective Customer Service Human Relation in Business Performance Appraisal Personnel Management Time Management Todd Duncan's "High Trust Selling" Computer/Special Skills: Microsoft Word, Excel, PowerPoint, Access, Microsoft Office, WordPerfect, Adobe, Quicken, QuickBooks, Lotus Notes, Calyx Point, Financial Calculator, 10 Key Adding Machine. Facsimile and Copier. Affiliations: City of Riviera Beach Appointed Planning and Zoning (Chair-Person) Florida Housing Coalition My Choice Community Development Corporation, Inc. (Officer) Northwest Riviera Beach Community Redevelopment Corporation (Officer) References provided upon request. 4 Davey F. Morris 15743 92ND Court N. West Palm Beach, Florida 33412 (561) 333-7691 (home), (561) 670-7411 (Cell) Email daveymorris@comcast.net Obiective Education University of Florida, Bachelor of Architecture, 1981 Palm Beach Junior College, A A Degree, Architecture, 1978 Jamaica School of Art, Jamaica West Indies, Diploma, 1976 Kingston Collage, Jamaica West Indies, Diploma I Accreditation, 1975 Passed the Business and Finance Exam offered by the state of Florida Passed the Contract Administration Exam Offered By the State of Florida Licensed General Contractor CGC 1518057 Achievements Six Sections of the A.R.E. Exoerience From October 10, 2009 to present Sunny South Construction Company Inc. 15743 nod Court N. West Palm Beach, Fl33412 Owner, and president Sunny South Construction Company was started in October of 2009, my responsibilities includes marketing the fIon to the state of Florida, Palm beach County government and all other clients. The company specialize in new or renovated commercial or residential construction projects. The company is minority owned and operated Song and Associates August 2007- March 2009 West Palm Beach Florida 33401 Sr. Project Manager I Project Coordinator Duties include construction administration I producing construction document and specification. Supervising a staff of four (4) or more. Marketing the firm by assembling and attending presentations, to acquire new work. Meeting City Officials on a daily basis. Meeting with owners, clients, contractor and subcontractor. Proficient in AutoCAD 9 thru 2009, Prolog, (project management software) Microsoft office, i.e. word, PowerPoint, excel, project. Photoshop, sketch up List of projects include and description of Duties City of West Palm Beach City Hall, Public Library and two new 900 space parking garage structure. Duties included: the supervision of four (4) personnel, meeting with the Mayor of West Palm Beach, code official, City Managers, General Contractors and their Subcontractors. Checking all shop drawings, quality control on the projects, issuing clarification, reviewing construction schedules and pay application Martin County Public School, Warfield Elementary school Duties Included: The supervision of three (2) personnel to complete the Art and Music center, meeting with School Board officials, writing the specification for the project, meeting with Code officials and Building department Officials. West Boca Elementary school-OSC. New elementary school Located in West Palm Beach Florida Duties Included: supervising personnel, quality control, and writing a LEED Silver specification for the project. Meeting with school board officials, and with the respective building officials Royal Palm Beach Elementary -03W. New elementary school Located in West Palm Beach Florida Duties Included: supervising personnel, quality control, and writing a LEBO Silver specification for the project. Meeting with school board officials, and with the respective building officials RS&H July 2000- August 2007 Jacksonville Florida 33154 Project Manager I Project Architect- in Aviation Duties include construction administration / producing construction document and specification. Supervising a staff of four (4) or more. Being involved in, presentations nationwide. Meeting with the clients, contractor and subs, On large and small scale airports on a national level List of proiects include. Brunswick Golden Isles Airport Jacksonville International Airport Montgomery International airport Melbourne international airport Lansing Airport Bishop International airport Gainesville Airport Cayman island International airport Springfield international airport Pensacola international Airport Flagler Regional Airport Beame Architectural Partnership, July 1995 - July 2000 Coral Gables, Florida 33134 Project Manager I Network Administrator I M.I.S. Director Duties include construction administration/project management of high rise office and residential towers, Extensive interaction with clients, owners, and consultants. Regularly conduct on site A.D.A. site surveys and write building specifications. Responsible for producing working drawings using Acad ReI. 14 or Acad 2000/ Desktop ReI. 2 while supervising a staff of five people. In addition, manage and maintain 32 work stations and a Novell 4,11 network system. Project experience · 220 Alhambra located in Coral Gables Florida: Mixed-use complex approximately 180,000 SF with thirteen levels of office/retail and nine levels of garage. Project cost was $19 million. · Harbour House located in Bal Harbour Florida, Two high rise towers with a total of ~04 residential units. Extensive renovations of approximately $23 million. Avino & Associates, Ine., January 1994 - July 1995 Miami, Florida 33175 Project Architect ICADD Manager Responsibilities included production drawings on developmental housing in Dade and Brow:lfd Counties using AutoCAD Rei 12 and AdCadd ReI 12 packages. Increased efficiency within the organization by setting up a computer system for production and design implementation. Robert Fine & Associates, January 1993 - January 1994 Coral Gables, Florida 33146 Project Architect/CADD Manager Duties also included performing A.D.A. surveys in Dade, Broward and Palm Beach Counties. Responsible for the production of construction documents and preliminary designs on AutoCAD. Dewberry and Davis, March 1991 - January 1993 Fairfax, VA Project Architect Responsibilities included project coordination and production of working drawings. Produced the construction documents for Rockwell International which is a luxury office complex and conference center facility consisting of approximately 1,000,000 SF located in Fairfax, Virginia. Gordon & Greenberg, Inc., March 1985 - October 1990 BaBeys Crossroads, VA Architect Specialized in hotel, luxury office, and health care facilities. My responsibilities included project coordination, reviewing shop drawings, writing construction specifications, and preliminary design and development. Project experience Produced construction documents for the following: · Fairfax Park Marriott Hotel located in Falls Church, Virginia · Center Park Holiday Inn located in Calverton, Maryland · The Resident located in Herndon, Virginia · Woodland Park Hotel & Office building complex located in Herndon, Virginia · The Days Inn Hotel located in Arlington, Virginia. · Imperial Health Care Facilities, located in Richmond, Virginia, · Vision Works located in Springfield, Virginia, Rocco V. Tricarico AJ.A., June 1984 - March 1985 Architects and Land Developer Springfield, VA Architectural Designer Responsibilities included the filing and follow up procedure for building pennits, subcontractor coordination, and job inspections for projects under construction. In addition, gained experience in several aspects of architecture including preparation of working drawings for Modular Housing Projects and testing new types of architectural products (i.e. Grail Coat). Project experience New Construction: · The Marcus Garvey Apartment Building located in Bronx, New York · Springfield Interchange located in Springfield, Virginia · The Pomponio Residence located in Great Falls, Virginia Additions/Renovations: · The Hawkins Residence, located in College Park Maryland · The Nagley Residence located in Falls Church Virginia · The Stansfield Residence located in Arlington Virginia · Hour Eyes Optical Centers located in Maryland, Washington D.C. and Virginia · Jhoone Ree Karate Studio located in Fairfax, Virginia. · The Morris Residence Located in West Palm Beach Florida ""'.' .-....-. ? &ir~ ~_',. I r ....., . . 81 ATE OF FLORIDA DEPAR'1'MENT OF BUSINESS ~ PROFBSSIONAL REGULATION CONSTRUCTIONINDUBTRY LICENSING BOARD 1940 HORTS MONROE STREET TALLAHASSEE FL 32399-0783 (850) 487-1395 ~~sso~r:eO&STRtJCT;r:ON COMPANY IHC 15743 92ND COURT NORTH WEST PALM BEACH FL 33412 ~~~:::~=~B'::~=:'~~~~~ ' fJl'k;;;~~. Our professionals and. businesses range from architects to yacht brokers. from ;;,:;j;;".,vr&'f boxers to barbeque restaurants, and they keep Florida's economy strong. '~>;~J"Y"-}~' Every day we wOfl( to Improve the way we do business in order to serve you better Jl$~\-):i'1( For information about.our services. please log onto wWw.mYflOl1dallcense.com. ::;' 1~ Thar'e you can find more lnf<limation about our divisions and the regulations that :. ii' . impact you,subscribe to department newsletters and learn more sl:)outthe Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly shive to serve you better so .that you can serve your customers. Thank you fordoing business in Florida, and congratulatlonson your new license! I ' I I _l~ . I I~. ,n ,. .;), i.&. I :, _ fl ~ r j __ i ..,.., ~'if ,- e~. f: .' 0,:(, ,j' f :: .. , .~ rlf~ ~.-I ~ ~," 'Q' ,=- ! ~~, .- ~ . !t ~; ~ . .p ~~ '\ ~. .~..,.ll g ,.I' . - . . ..fi.... \ ~ ". 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"~ " .' ,,","" . :,'.'.:bl~~!=~Y;:- "-ll~" , r};',~'~'" '! :" .' ::;.,~:r;;~ .;','" ,i. - .'..... ~.. . - ~. ;.~:._,,-~.:,Q":.' ::::~- "."'-'~"',~~' ~,' , - . ,. G'. ';i\ C"'~". .f.'fiIit. ~:J'M':- ':C':lI!'l;},<r ...' .~...-.. ,l,.":~:~'" ":W;:.. ,. I" '~,I, .a:' "',. t"l;" 8:' '. . ,i;':'" , " . ...., t . . ,d! I"" ~t-;:.~~Ht~~.f.,: '- :.::,~. h '."\ :' ,.r . . .",9', \, ,~,:,,:i .:~r Ir-'I :I,g '..n ,'f~ .':$' ,';J ... '.,l!. ' ., "s.; '1" 'n" ,"::t '''CD ".-",- ,". ,-~' . ~,. ~.~, " i_1_ PALM BEACH COUNTY , BOARD OF COUNTY COMMISSIONERS Karen T. MaTCUS. Chair Shelley Vans, Vice Cllal( Paulette Burdick Steven l. Abrwn$ Burt Aaronson .leli& R. Santamaria Prisciha A, Taylor ...~ --PatmBeach Internatbnal Airport COUNTY ADMINISTRATOR Robert Weisman DEPARTMENT Of AIRPORTS OATI!!WAY TO tk~f May 13, 2QII SUIDlY SOuth Construction Company, Inc. Attn; Mr. Davey Morris 15743 92ad Court North W~tPabn Beach, FL )3412 Certified Mail, RetuJ:t1 Receipt Requested #7007149000043392 3127 Anniversary Date: AnnuaUv on A~riJ 18 Dear Mr. Monis: The Palm Beach Coun1y Department of Airports is pleased to notifY you of your firm's continuing eligibility as a Disadvan~ged Business Enterprise (ODE) under the Florida Unified Certification Program (UCP) in accordance with 49 CPR Par1.2~. Your finn is certified in tbe following areas: NAICS Code: 236210 Industrial Building Ccmstruction; and NAfCS Code: 236220 Commercial and lnstitutlonal BuildingConstruction. Your ODE certification is continuing from the Anniversary Date listed above, contingent upon your fi11Jl maintaining its eligibility annually througb tbisoffice. You will be nOtified of your annWll responsibilities in advance of the Anniversmy Date. You must submit the annualAFFIDA VIT FOR CONTINUING ELlGIaIUTY no later than the Anniversary Date to maintain your eligibility. Your fum wiJl be listed in Florida's UCP DDE Directory, which can be accessed through the Florida Department of Transportation's w.ebsite: WWW.dot.state,fl.u&'eQua1oDoortunitvoffic~ andtben selecting "DBE Directory." If, lit any timt,there is a material change in your finn, you must advise lttis office, by SWorn affidavit and SUpporting documentation, within thirty (30) days. Changes include. but are not limited to, ownership, officers, directors, management, key personnel, sCQpe of work performed, daily operations, on.;going business relationships with other fmIls or individuals or the physical location of y<mr fUm. After our review, you will receive instructions as to how you should proceed, if necessaty. Failure to do so wiIl be deemed a failure on your part to cooperate and will result in action to remove DBE certification. If you have any questions or concerns, you may contact our office at 561-471-7403. &~ Deputy Director, AiJ:ports Business Affairs PALM BEACH COUNTY GLADES AIRPORT P2hokee 846 PALM BEACHINTERNATJONAl AIRPORT Wll!lt Palm BeaCh, FlOrida 33406-1470 (561) 471-7412 FAX: (561) 471-71127 .....ww,pbia.org PALM BEACH COUNTY PARK AIRPORT Lantana NORTH COUNTY GENERAL AVIATION AIRPORT Palm Beach Gardens -An Equal Opportunity-Aftirm:ltive Action Employer I I (' ~ : ,t . '('\ ~ ~ .. ... ~ , '>:i ,; ~ _ ',' (.', >x~~'.":~ ~.:" .1', -', 1., ' fi-1" -.. ,:- : 1 I ~ " /' " ~ --:.. '. ~; ,. p.' ,~ ~ , o:t ..J. /- :~ r . 1-.~;' "'-...,.;." I ,'.~ i ,o'C^' ....,.. I -h'" ". _~ ,f1!f ,'t'" J ....,.. ]I/( ~.... # ~. -' "",,- ..., .:~ .- ..r"'..,~ .. "- ~<;,.: ,... . ~t <,;- ~~" f\~ l' ~"Ji'~"" ~ ___.. ... 1;,- . f""- -" ... lL.'~"i ,_.~~...t '~!" . ',Ao.'" tl. i .~ i elD i .~ ! s. Ii i! ~ = ~ ~. ~I. f i '" .. 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IMPORTANT: If the certItIc8te holcler Is en ADDmoNAL INSURED, the poIlcy(lM) must be endor..d. If SUBROGATION IS WAIVED. subject It> the tenns end condlUons of the policy, certllln policies may require en endorsement A slMement on thla certlftC8tll does not confer rights to the certlftCllte holder In lieu of such endorsement(s). PRODUCER E & A Insul'll1ce Services Inc. 2520 N State Road 7 Magate, FL 33063 Phone 954 366-6371 INSURED Fax 954 933-7493 954) 366-6371 markellis2010@comcast.net S AFl'ORDING COVERAGE (954) 933-7493 NAIC , Sumy South Construction Company, Inc. 157439200 Ct N West Palm Beach, FL 33412 INIURER A : INSURER B: Madison Ins Co COVERAGES (561)- CERTIFICATE NUMBER: INSURl!R C : INlIURER D : INSURER E : I URERF: THIS IS TO CERTIFY THAT THE POUCIES OF N~CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRE~NT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. INSR TYPE OF INSURANCE ADIlI III1B1l POLICY NUMBER POLICY IFF POLICY EXP LIlIITS LTR GENERAL LIABILITY EACH OCCURRENCE S o COMMERCIAL GENERAl LIABILITY =~sge."':."~_) $ [J 0 ClAIMS-MADE [J OCCUR MED EXP (Anyone_, S 0 PERSONAL & ADV NJURY $ 0 GENERAL AGGREGATE $ GEN'l AGGREGO. TE UMrT APPLIES PER: PRODUCTS. COMPIOP Aoo $ LJ POLICY =:J j.,'WT OLOC $ AUTOMOBILE L1ABlUTY ~~~del1l) LIMIT . S 1.000,000.00 o Al-lY AUTO BODILY INJURY (per person) S o AlL OWNED o SCHEDUlED MIC11-Q138 02122/2011 0212212012 BODlL Y INJURY (Perocddent $ B ' AUTOS AUTOS ~ HIRED AUTOs ~ =WNED ~AMAGE $ 'J n s o UIlIBRELLA LlAB o OCCUR EACH OCCURRENCE $ o EXCESS LIAB o CLAlMS-MADE AGGREGATE S L ] OED rl RETENTION S $ WORKERS COMPENSATION 1[' WC STATIJ.. rl~;IH- AND EMPLOYERS' UABIUTY YIN ANV PROPRlETORIPARTNERlEXECUTlVE MIA E,L. EACH ACCDENT $ OFFlCERfMEMBER EXCLUDED? 0 (~lnNH) E.L, DISEASE. EA EMPLOYE $ g~~~ ~ERATIONS below E.L DISEASE - POliCY UMlT $ DESCRIPTION OF OPERA TlONS I LOCA TlONS I VEHICLES (AltIlch ACORD t01, Addlllollll Re...rka 8chedute, If more __ .. required) REVISION NUMBER: CERTIFICATE HOlDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Sunny South Construction Company, Inc. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN Owner ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I E & A Insurance Services. Inc. ACORD 25 (2010105) QF C 1988-2010 ACORD CORPORAT1ON. All rights .....rved. The ACORD name Bnd logo Bre reglatered marks of ACORD .~~, A CORa ~' CERTIFICATE OF LIABILITY INSURANCE 4441 A 10th Aile N Lake Worth, FL 33461 Phone (561) 965-2200 Fax (561) 965-2377 DATE (MMlDDi< 06/18/1 C .,... -- THIS CERTIFICAiE-'S-tlsueoAS A MATTeROfINFQRMATION ONLY ANP CON~rts t.Jo~.s UPON TJotE CERTIFICATE HOLDER. THISc&R11FICATE Ol)E8 NOT AMeNl). EXTEND OR ~THE COWRACJE~BY THE F.'.Q!JQ~J~.~!"QW. ,~ERS~C_~RA~___ NAIC# American Vehicle Ins Co : JNSI,!RE_R.A INSURl=.R B INSURl;B_c,. .I.f:!S URI;.R 0 . INSIJ.RER E PRODUCER Federal Insurance. 1m INSURED Sunny South Construction Company !nc 15743 92ND CT NORTH WEST PALM BEACH FL 33412 (561) 670-7411 - "~-_.--, .-.-- COVeRAGES THE POlIciEs-Of-iNsuRANce USTEOHAVEae=N/SSi:iEr5l'OTHE-iNiiUReo NAMEOAaoVE FOR THE POLICY PERIOD iNOtCATED. NOTWITHSTANDING ANY REQUIREMENT, teRM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSueD OR MAY PeRTAIN, THE INSURANCE AFFOROEO BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS Of SUCH POUClES, AGGREGATE UMrrS SHOWN MAY HAVE BEEN REDUCED BY PAID CJ.At,1S 'if:::~:~f_- '-~~;;~~_~~~-_.- i ~I~Y N~;;~~- ~~~~~I~~~~ LIMITS . GENERAL LIABILITY EACH OCCURRENCE ::i' COM\.1ERCIAL GENERAL LIABlUTY 09-0895 08/18/2010 08/19/2011 L~n~~) .. CLAlM5 MADE i..f! OCCUR i MEO EXP (Any one penwn) rPeR~~~~~~~Y . i.~NEAAL~~!.~___. _._ i!~~S. COM>/OP AGG A .(- !~ 1.000 000 100.000 5000 ...,1-,gQ9,9_~9. . ._~gQq!Q2q: 2000,000 I ~N'lAoGREr2A rELW.'--AFi_~IES PER: ,~ POLICY L ..J PROJECT . _ . LOe -j----'--- -.. .. ..-- . : AUTOMOBILE UA8ILlTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS COMBINED SINGlE LIMIT (f:~.Il=c~en,!L 60DlL Y INJURY :f>t,rper&Qn) 600fL Y INJURY (Pe, accident) GARAGE UA8IUTY ANY AUTO PROPERTY DAMAGE j(!'~~lI~~L_______ AUTO ONt y . EA ACCIOENT EAAc::c:: AGG EACH OCCURRENCE .-------..-.. AGOREGA TE OTHER THAN AUTO ONL y' EXCESS I UMBRELLA UABlLrTY OCCUR CLAiMS MADE i i DEDUCTlBLE it:] RETENTION $ ---:~~TIONANlf I BMPLOWIRS'UABlLITY ytN ; ANY PROPRIETOR (PARTNER / EXECUTIVE . OFFIcER I M!M$eR !XCLlJI::lEO? . (Maodatory In NHI : If JlII$.. deeoribe ,under LsP!CtAl. PROVISt~l'!~lovl. i OTHER __._.L~ .-~~._l~j_. E.L EACH ACClOENT '~_~"._'__.'.__4__ _E~L.~~~. ~~l().YI:E E l OISi1ASE . POLICY LIMIT .'De~T10NOFOPEAAT1ONsj LOC,\TIONS IVEHici:.esiexcLusiojjsADoeD~BvENDO~_roT8PeclAi..- PROviSIONs CERTlFlCA TE HOlOER Sunny South Construction, Inc Owner CANCELLATION _ _ ^'>_"_'U___~______..."...,___.,,_,_.._.,...,.._,.,.._ i SH~ ANY 01' THEAIlOVE Dl58CRI8ED POLICIES III! CANCt!U.EO BEFORE THE , EXf"tRATlON DATE THI!l'U!OI". ll'E IUUlNG lHau...hn.L flNDEAVOR TO MAlL DAYS WRITTeN 'JifOTlCe TO THt! Cf!llltTllllieATI!HOLDI!fIt NAIII1!O TO i THEil:!Fr, BUT FAiLURE 10 DO so SHALl IMPOat! NO OBUGAT1Cltc OR llA81LfTY ! OF ANY KJIp UPON mE lNSUIUER, ITS AGI!!N'B OR Rl!'PftESeNTAT1VES. >----, ...-.--.....---...-... ---------- i AUTH~ IItl!Pllll!!SENTATl\IE \~:fr:i~~r .. ".(:;,.~M~)'.. ACORD 26 (2009iO'1fQF--- @1988.2i09 ACOROCORPoRAfi6N.Ail rights f&served. The ACORD name and togo are registered marks of ACORD OS/26/2011 11:56 p TO:+1 (561) 2445046 FRO!: 7729343755 Page: 2 ..... f. oJ 2 ACQ;b. ~ Pl\oDUclilt R.t,hPOtDt Ilsk 5e"fc:e. L.a.C 1:41:6,8 O....It"rkw.'.SOO D.IhU.. T17515f CERnFICATE OF LIABLITY INSURANCE Q4ft 11.IIIDlY'hYI 0311112011 ' 1ItI8 'C!RnfICA 1E ... J8IUID AM. A Ann 'OF IWOftIIAl'tOII OMLY ~D COlFER.' 110 ~ UPON TltE CIII11JIICA TE HOLD. lHII CanlflCil\TE DO_ NOT AIIE_o, EXTEND OR ALl8r TIft' CO\tI!IItAM' 10 BY' tN.. FOUCla _OW, ... S81U1J Sautl (ODltracUO.D. Co. pUr luc. 15743 9:lad Coprl IV W:est Palm Beub; fL334U cOVltAGEI THE POJj(:1E80,FItl.v1WlQE U$TED 8ELOWH,AVE 8EEN'lS8tJEDTO.mt .JU~C rwt!OABOYE F..oR'lHE IJ'OIJCY.-EIlIDDU;OICATED. NOlWrniSTANOI4G. NtYlt.EClJIlEMEHT'. TE_OR CONDII1Qj QFNlY CONTRAcT OR ....'nd OOCUIIENTwmt RJ:SPEcT1'OWttlCKntISCRTIFICA11niMY ttE t$SUeDOR IIAYPE'RTAIf.1ftEIN$URMC:EAfFORDED BYlHEPOUCIII$,DESCIU8E~HEIIlEft IS:SUUCTTOALI. TH i1'etMS, QcWSIONSMDCClND'I'rlON5 Of SUCH fIolJeIES. ACGI~TE 1.,.1T$ SHOwN MY-HAVE BEEN RSDUCSb BY PAID. CLAIIIS. I'OUI:!'NllIQII;R A OOMIINID SlNGlbLltltlT. S feuccicMllt) I!lOoILy INJUR:Y I (pw.~) ~lllt.'I'~rt!( s . .tddi!nu ~ OlWAGe s Pw'.cr~ ' '1.IolIiUrY 'if. ~THAN 0Nt,: MGRE&ATE we 7777~0601 0310812011 04/0912012 0111. IlIIIcMrnON o. OI"iiu.'nltreJ LtX:AlIliIii', WHICta' IlllCl.UllaNSAbDiD 8V .......lNrl .....L ~ , T!,fKnDE. c;Ucau1iofli IHOI&DIIff OI'.llE'AtIOYEIII8\1IIfWD II'OUCIIiII_c;A~~o..,..~ IMlE.1M&IBOF.JHIS....... ~WIU ~VDft.~... ..JL.. ~YC'WNr1SM fID1'1CE1JJ "CMr~~~. "~ro 'nS1.PT.Il.ltFAIUNTO QIO.tiW.L ........ NilJ .ollUU1'IllH OIl UAaILJ1Y ~ A..,- QIp 'PllN TIti ...... Ita A8IHI'I 0" ~IlD2$. 1) ~lII!nIIl!lJNf"1Ml VENDOR INFORMATION Appraisal Companies: Jenkins Appraisal Contact: John Jenkins or Chuck 5730 Corporate Way West Palm Beach, FL 33407 561-640-4059 Telephone 561-640-8183 Fax Chapin Appraisal Contact: (David Chapin cell 371-9582) 513 US Highway One North Palm Beach, FL 33408 561-799-0304 Telephone 561-799-0304 Fax Gina Rascati Appraisal - SAR 15778 Glen Willow Lane West Palm Beach, FL 561-798-5498 General Contractors Abisset Corporation P.O. Box 7123 Delray Beach, FL 33484 561-495-111 0 Telephone 561-498-0710 Fax Mr. Toks Built Solid Construction, LLC 16822 Murcott Blvd Loxahatchee, FL 33470 561-333-2593 Telephone 561-753-5103 Fax Jazmin Roberts Cordoba Construction Company 12457 78th Place North West Palm beach, FL 33412 561-644-6212 Telephone 561-436-7515 Fax Cordoba 5/27/2011 1 Craftsman Plus, Inc. 4615 Haverhill Road Lake Worth, FL 33463 561-386-5172 Telephone 561-642-5022 Fax MacDonald Construction Company 1168 SW 18th Street Boca Raton, FL 33486 561-347-1651 Telephone 561-929-3480 Fax Scott MacDonald RTG Construction, Inc. 3300 South Congress Avenue Suite 5 Boynton Beach, FL 33426 561-7 42-8839 Telephone Jeff Wooster Ray Graeve & Sons Construction 7739 Hilltop Drive Lake Worth, FL 33463 561-432-5690 Telephone 866-770-0328 Fax Select Builders International 641 NW 9th Court Boynton Beach, FL 33426 561-827-7444 Telephone Owen Dixon Maintenance Companies: Mack's Complete - Lawn Maintenance Solomon Mack - 567 -789-4665 Michael Norfus - Lawn Maintenance 218 NW 1 ih Avenue Boynton Beach, FL 33435 561-577-0952 5/27 /2011 , ,~ EXHIBIT C Completed Projects I' I I I I I I I o I ,A I I 1 1 L 1295 Railroad Avenue, BOynto~ Beach, FL 33435 Single Family . 3-Bedroom 2-Bath I-Car Garage Completed June 2010 Project Cost $96,700.00 - 1291 Railroad Avenue, Boynton Beach, FL 33435 Single Family 4-Bedroom 2-Bath I-Car Garage Completed January 2011 Project Cost $129,000 I I I I' I I I A ('l 413 NE 11th Avenue, Boynton Beach, FL 33435 Single Family 3-Bedroom 2-Bath I-Car Garage Completed November 20 10 Project Cost $97,000.00 417 NE 11th Avenue, Boynton Beach, FL 33435 Duplex 3-Bedroom 2-Bath I-Car Garage Completed May 2011 Project Cost $87,000.00 i' I r r 419 NE 11th Avenue, Boynton Beach, FL 33435 Duplex 3-Bedroom 2-Bath I-Car Garage Completed May 2011 Project Cost $87,000.00 I I lL_ ,- t.~ L I " ''''''' 721 NW 2nd Street, Boynton Beach, FL 33435 Single Family Detached 3-Bedroom 2-Bath I-Car Garage Completed June 2010 Project Cost $130,000.00 r (' I I I I I I (' 228 NW th Avenue, Boynton Beach, FL 33435 Single Family Detached 4-Bedroom 2-Bath I-Car Garage Completed May 2010 Project Cost $160,000.00 713 NW 2nd Street, Boynton Beach, FL 33435 Single Family Detached 3-Bedroom 2-Bath I-Car Garage Completed June 2010 Project Cost $140,000.00 r I I I )- r I I 1 1 210 NW ih Avenue, Boynton Beach, FL 33435 Single Family Detached 3-Bedroom 2-Bath I-Car Garage Completed June 2010 Project Cost $150,000.00 en w - I- 0::: w c.. o tt: c.. 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Q) 0- o .... 0- 0- Vl Z ctl Q) ..c:: V) ctl ....J CO CO 01 .0- N II) ~ o ... .;, ... en o o o .0- o ... ~ o o M -.i N "'!. ... o II) 01 M o W .... o ..,. .0- o II) W Q) l: '" ...J l: o C, l: 'Ui l: Q) :.: l- N .... ~ ...J <C I- o I- rl rl o N - r--- N - Vl EXHIBIT D Application Packet March 16, 2011 Dear Applicant: Thank you for your interest in Habitat for Humanity of South Palm Beach County, Inc.'s Home Ownership Program. Habitat was founded as a Christian housing ministry financed through private donations and using volunteer labor. Our purpose is to build homes with families and sell the houses at no profit and no interest to families who could not otherwise afford a home. Please read the following carefully to make sure that you meet our general guidelines. TO QUALIFY: 1. You must be a 1st time homebuyer (not owned a home in the last 3 years. 2. You must have a housing need. For example: overcrowding, unsafe or unsanitary conditions, poor or non-existent heating or cooling, leaks, plumbing problems. 3. You need to have lived in our service area (Boynton Beach, Delray Beach, or Boca Raton) for at least one year. 4. You must have a steady, verifiable source of income and be a responsible member of the community. 5. You must be willing to give Habitat staff permission to: a. Verify your employment and other income b. Obtain a statement from your landlord c. Request a credit report d. Request a background check on all adults through the Florida Department of Law Enforcement e. Get copies of all requested documents, such as the most recent 1040 tax form, W-2 form, child custody papers, etc. 6. You must pay Habitat's cost for a credit check and a Florida Department of Law Enforcement check. 7. You must be willing to have our interviewers visit you in your current home 8. You must have a satisfactory credit history. 9. You must be able to present the documents listed on the "REQUIRED APPLICATION PAPERS" page which follows. Habitat for Humanity of South Palm Beach County, Inc. shall not discriminate based on race, color, religion, sex, sexual orientation, national origin, marital status, family status, disability, or age. APP INFO PACKAGE 11161 a.doc 03/12/10 Required Application Papers If you believe you qualify for a Habitat home according to the gUidelines above, complete the enclosed applicatIon and return it alonq with the documents listed below When you turn in your application you must turn in copies of the following required documents for all applicants, 1, Three current pay stubs from every employer. 2. Documentation of other income, such as social security, disability, AFDC payments, child support, alimony, food stamps 3. Most current Income Tax Return [1040] 4 Most current W-2 Tax Form [from your employer], 5, Completed household budget 6 Three (3) most recent bank statements 7 Two most recent phone bills (home and cell phones) 8, Two most recent electric bills (FPL) 9. Two most recent cable/satellite bills 10. Rental/lease agreement. 11, Check or money order to cover cost of a credit check for each applicant (You may be asked to provide an additional check or money order to cover a background check through the Florida Dept. of Law Enforcement if the credit check is satisfactory) 12. Applicant[s] driver's license 13. Birth Certificate for yourself and each family member. 14. Green Card or Citizenship papers (if applicable) 15. Social Security card for each family member 16, Name, address, phone number of all applicants' employers for the last 2 years. 17, Name, address, phone number of all applicants' landlords for the last 2 years, 18. Marriage certificate, 19. Divorce Decree 20. Child custody papers 21. Section 8 information (if applicable) 22. Medicaid.. Your response must be postmarked by December 4,2011 to be processed in this round of applications The information you provide will be kept in strict confidentiality. We will not disclose any of your personal information to any outside agency without your prior consent. APP INFO PACKAGE 11161 Q,doc 03/12/10 IF YOU ARE APPROVED FOR HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY'S HOMEOWNERSHIP PROGRAM, YOU WILL BE ASKED TO: 1. Participate in programs to learn about budgeting, home maintenance, home repair, and health. 2. Contribute 500 hours of "Sweat" equity on your house and homes of other applicants. These hours must be completed before a house can be sold to you. 3. Be prepared to make a $1,500.00 down payment for your house. $750.00 of this amount is due when your house is started and $750.00 is due when your house is completed. 4. Be able to make a house payment of approximately $700 per month. This payment includes taxes and insurance. No interest is charged on Habitat mortgages. Your monthly payments will be used by Habitat to build more houses. 5. Apply for purchase assistance from any/all available sources, such as city or county programs. 6. Maintain your home is such a manner that Habitat will be well represented in your neighborhood. 7. That you continue to be a responsible community member APP INFO PACKAGE 111610,doc 3 03/12/10 CONTACT INFORMATION Habitat for Humanity of South Palm Beach County, Inc. 181 S.E. 5th Avenue Delray Beach, Florida 33483 561 - 819 - 6070 Before completina this form. please be certain that YOU have read and understand the information contained on paaes 1 throuah 3. COMPLETE AND RETURN TO HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY. INC. Name Address Street Apt,# City Zip Telephone: (Home) (W ork )________,.____________,__. ,'.________ (Cell What is the best time to call you? Which phone number?_________________________________ May we call you at work? __'_____ We will contact you after we have reviewed your credit Thank you for your interest In Habitat for Humanity Habitat for Humanity of South Palm Beach County, Inc Family Selection Committee Date Sent Date Received by Habitat Date Due APP INFO PACKAGE 11161Q,doc .:4 03/12/10 Payment Instruction Please return your application to the Habitat for Humanity of South Palm Beach County by APril 4" 2011. If you are a single applicant enclose a check or money order for $8.75 to cover the cost of the credit check. If you are applying with a co-applicant enclose a check or money order for $17.50 to cover the cost of the credit check for both applicants. If you credit is satisfactory, be prepared to submit a check or money order in the amount of $24.00 per person to cover the cost of the criminal background check. APP INFO PACKAGE 111610,doc 5 03/12/10 --- ~.~. Habitat " " for Humanity" South Palm Beach CoU!!t, .\PPLlCA TION CHECKLIST .; Check off the documents that apply to you .; If the document does not apply to you put "'NA"' next to the item. Do not leave any item blank. .; Please put your application package together in this order before you submit it to Family Services. .., :l. 4. ~-~~~ 5. _._~~~-,-_._._-~-- 6. Completed Habitat Documents I. ., Application Checklist Application for Low-Cost Housing (signed by an applicants) Family budget (all 3 pages) Contact infomlation Construction volunteer registration foml (signed by all applicants i Sweat Equity Policy (signed Iw all applIcants) 10, ~_.__.__.~~_._._- 11. ------~---- 12, 14, 15. --------. 16. -~---~-_._- 17, -~_.__.._--~-- 18. _.,_._-----~. 19, ------- 20, 21. -.-- 22. ~-_."-_._...._----- 23, -~"--------_._- 24. -----~.. 25. Personal Documents 7. 8. 9, Check/money order to cover the cost of the credit report 3 most recent pay stubs (tl'om all employers Other income documentation SOCI al securi t:y! disabil it \ Child SUppOl1 A FIX Alimony Food stamps Other Most current tax retums (IRS f<)Ill1 J 040) Most current W.2 !<ml1 3 most recent bank statements (all pages & all accounts) 2 most recent phone bills (home phone & cell phone) 2 most recent electric bills (FPU 2 most recent cable/satellite bills Current rental/lease agreement Copy of driver lIcense Copy of birth certificates for everyone in the household Green card or citizenship documents for everyone in the household Social security card for everyone in the household Marriage certificate Divorce decree Child custodv documents Section 8 inf(ml1ation Medicaid documents 13, Family Services FAMIl Y SELECTION Faml'" Sck-clioll ApplrcalJoJ1 Prlll'l's, Famlh SckctwTl DOClllllCJ1b APPLlC \ TlOl'- CHFCKLlST ~ South Palm Beach County ~ Habitat " " for Humanity@ South Palm Beach County Habitat for Humanity 181 SE 5th Avenue Delray Beach, FL 33483 (561) 819-6070 Application FOR HOUSING Gl fQUALKOUIING OPPOImINfTY We ale pledged to the letter and spirit of U,S policy tor the aclHevement of eLjual hOdsing opportunity throughout the nation. We encourage and support an affirmative advertising and marketmg program in which there afe no harfle!S to obtaining housing because of race. color, religion, sell, handicap, familial status, or national Ollgm Dear Applicant: We need you to complete this application to determine if you qualify for a Habitat for Humanity house, Please fill out the application as completely and accurately as possible, All information you include on this application will be kept confidential. 1 APPLICANT INFORMATION Applicant Co.applicant Applicant's Name Co-applicant's Name Social Security Number Home Phone Age Social Security Number Home Phone Age D Married D Separated D Unmarried (lnc!. single, divorced, widowed) D Married D Separated D Unmarried (lnc!. single, divorced, widowedl Dependents and others who will live with you Inot listed by co-applicant) Dependents and others who will live with you (not listed by applicant) Name Age Male Female Name Age Male Female - D D - D D - D D - D D - D D - D D - D D - D D - D D - D D Present Address (street. city, state, ZIP code) DOwn D Rent Present Address (street. city, state, ZIP code) DOwn D Rent Number of Years Number of Years If Living at Present Address for Less Thall Two Years, Complete the Following Last Address (street. city, state, ZIP codel DOwn D Rent Last Address (street, city, state, ZIP code) DOwn D Rent Number of Years Number of Years 2 FOR OFFICE USE ONLY DO NOT WRIH IN lHIS SPACE Date Received: More Information Requested? DYes D No Date Application Completed: D Accepted D Denied Date Letter Sent: Date of Home Visit: Date Letter Sent: wlo .1"lJI\il!.., .\l!. To he wnsldereo for a Hahltat hO!ll[" yrlli Clnd YOIII lan!!ly [rllst lite 1'.'11110\1 'r [ng ynur horne and tl1f' nO!1le' others IS !:alled WJhl! eqllll" :,nil [nay the Haii!tdl [)!tend!!I!! hOiirs, Your help !n bullr) I AM WI! LINe T() CUM!)I i Ii 11! Other rooms In the place when? VOII arr, cllrrentl'; o Kitchen o Batt [O[)ll [J i IVlnl] [] II!IIII'-1 o llth[,r (please deSUIDI?, If you rent your residence, what IS your monthly rent payment'! imonth (Please supply a copy of your lease u' a copy of a rnum'v 'ii"celed [Pii' :. 'WI! Name, address and phone lIun!lwI of 'urlen! Idlllllor: In the space below, describe tl18 condition ot lllfl !IOU!,' dlldrlmpnt vvhH1e !'Vl-' Wily V[JU n[)ed d Hahrtilt If you own your reSidence, what IS your montl'lly iTiortgage paymellt'1 1: :month Unpaid Balance Do you own land'! 0 No 0 Yes ilf yes, please descrllie, Including IDea1ll)! , Is there a mortgage on the lamP 0 No 0 Yes If YRS M0n1111y IJiJvnl8111 $ Unpal[j BdlalJcE If you are approved for a Habitat home, hDw should youl IiCllT1elsi appedl on the legal dOI\JITIC~nls l Applicant Name and Address of Current Employer Years or' ThiS 101' Co-a,,,licant Name and Address of Current Employer Monthly IGrossl Wages Type of BUSiness tvpc of Bus!nc;:' If Working at Current Job Less Then One Year. Complete the Following Information Name and Address of Last Employer Years 1 hiS .Joh Name and Address of Last Employer Years on Morrhl',' Waue:: Mnolhlv fype of BUSiness Phlrnc, Of BUSIr'H:::' !-L,'slness flhonf 7 MONTHLY INCOMl AND COMBINlD MONTHLY BILLS Gross Monthly Income Applicant Co-Applicant 20tllers in Household 3Monthly Bills Monthly Am...t 1 Base Employment Income $ $ $ Rent $ TANF Utilities Food Stamps Car Payments Social Security Insurance SSI Child Care Disability School Lunch Alimony Average Credit Card Paymen Child Support Student Loans Other Alimony/Child Support Total $ $ $ Total $ 1 Self-employed applicantls) may be required to provide additional docu- "List additional household members over 18 who receive income: mentation such as tax returns and financial statements, Name Age Monthly Income 3Please attach copies of last month's bills. $ - $ - $ - 8 SOURCl Of DOWN PAYMlNl AND CLOSING COS1S Where will you get the money to make the down payment (for example, savings or parents)? If you borrow the money, who will you borrow it from, and how will you pay it back? List Checkl.. a.' Savi.gs Ace...ts eelow Name and Address of Bank, Savings & Loan, or Credit Union: Name and Address of Bank, Savings & Loan, or Credit Union: Account Number: Balance $ Account Number: Balance $ Name and Address of Bank, Savings & Loan, or Credit Union: Name and Address of Bank, Savings & loan, or Credit Union: Account Number: Balance $ Account Number: Balance S Name and Address of Bank, Savings & Loan, or Credit Union Name and Address of Bank, Savings & Loan, or Credit Union: Account Number Balance $ Account Number: Balance $ Do you Own a: Boat YPS r~r Do you own a: Nr MolJilc Ilomr Washei Furniture, Appliances and TelevIsions ~llrn 'lli!liJ'a't:lT('l'll' : ~Iame and Address nf Company lv1u" lelt lu ~dy Monlhlv ' ITa,,! Credit Card f----"---------,, ! Mos 181110 pay I i Mwthh t-.-..--~-~--------- ._--~---- I\llmony/r:hild Support Ie'( '+- _____ u_ __ , (: Medical i Ii. ~M;;~-;;~~~ r--'-'-'-'-~----~------'_.'-- -._~-~_.._- ----1 loh related Expenses --~d Care, Union Dues, etcl ! Column 2: Subtotal of Payments ~.__._-_._--~-- - -------1 Column 1: Subtotal of Paymen;--- Ilon1!' tHlnll' I s "Tlon,1 Please Check the Box That Best AlSwers the FollowilU Gustiolls for Va. ad tlta Co-applicallt. Applicant Do you have any debt because of a court deCISion ilgainst YOll'! 0 Yes 0 Nc Co-applicant a, o Yc' r'Jc' b, Have you been declared bankrupt wlthll1 IhH pasl seven ye::I' c, Have you had property foreclosed on III thll past seven yeiw d, Are you currently involved In il lawsult'i e Are you paYing allmo!l\' or child supperti Are you a US Citizen or permanent reSident [J 1\ll l:JYw [.~] Yf-:~ 1'1' Yt~: yp' Yf; If you answered "yes" to anv question a throu!]h e, ()! III) to question f, pleilse explain 011 a separate pleCPI 01 rapt;1 I understand that by filing this application, I am authorizing Habitat for Humanity to evaluate my actual need for a Habitat home, my ability to repay the no-interest loan and other expenses of homeownership and my willingness to be a partner family, I understand thiltthe evaluation will Include personal visits, a credit check, and employment verification I have answered al11he questions on this application truthfully I understanu thd; have not answered the questions truthfully, nlY application lTlay be denied, and that even if I have already been selected lD 'ecelve a Hal:!itit1 hOlm I may be disqualified from the program. The orlgrnal Dr a copy of thiS application will be retained by Habitilt for Hurpc!ilty !;ven if the appllCiJliClfl not approved, I also understand that Habitat HllOlanlty SCI8I,[1, all pOlnnllal staff Iwhether paid fll unpaid), board melTlbers and applicant famri'll" and that by completing thiS application, I am '..brlll1lnq myself and all persons listed on the first page of the application by completing thiS applicatlc' I am "Ubll'llttlnl) myself and all persons listed on the first page of the application 1!) a ':r!lTllnal backulI Applicant Signature Date 1:0 applicant Signature llatt x PLEASE NOTE: If more space IS needed 10 complete any part 01 this appllciltlol1, please use a separate sheet of pape! ane! atlaCI1 11 to appllcallon Please mark your additional ClJlTllnents With "A" for Appllcilnl ur fur (;nilppllCillll ~n1 ;:"'. 7sr\t1:C 6,1= R ./_ Ii Applicant's name Co-applicant's name 13 INFORMATION fOR GOVERNMENT MONITORING PURPOSES Please Read This Statement Before Completing the Box Below: The following information is requested by the federal government for loans related to the purchase of homes, in order to monitor the lender's compliance with equal credit opportunity and fair housing laws, You are not required to furnish this information, but are encouraged to do so, The law provides that a lender may neither discriminate on the basis of this infor- mation, nor on whether you choose to furnish it or not. However, if you choose not to furnish it, under federal regulations this lender is required to note race and sex on the basis of visual observation or surname, If you do not wish to furnish the information below, please check the box below. (Lender must review the above material to assure that the disclosures satisfy all requirements to which the lender is subject under appli- cable state law for the loan applied fOL) Applicant o I do not wish to furnish this information Race/National Origin: o American Indian or Alaskan Native o Native Hawaiian or Other Pacific Islander o Black/African American o Caucasian o Asian o American Indian or Alaskan Native AND Caucasian o Asian AND Caucasian o Black/African American AND Caucasian o American Indian or Alaskan Native AND Black/African American o Other (specify) Ethnicity: o Hispanic o Non-Hispanic Sex: o Female DMale Birthdate: Marital Status: o Married o Separated o Unmarried (Incl. single. divorced, widowed) Co-applicant o I do not wish to furnish this information Race/National Origin: o American Indian or Alaskan Native o Native Hawaiian or Other Pacific Islander o Black/African American o Caucasian o Asian o American Indian or Alaskan Native AND Caucasian o Asian AND Caucasian o Black/African American AND Caucasian o American Indian or Alaskan Native AND Black/African American o Other (specify) Ethnicity: o Hispanic o Non-Hispanic Sex: o Female DMale Birthdate: Marital Status: o Married o Separated o Unmarried (IncL single, divorced. widowedl I I To Be Completed Only By tile Person Cudueting tile Interview Interviewer's Name (print or type) This application was taken by: o Face-to-face Interview Interviewer's Signature Date o By Mail o By Telephone Interviewer's Phone Number Monthly Income Worksheet ~,~ Habitat " , , for HumMlty' . ~utf1 Palm ~Mh Coun1" Figure Your Monthly Incom(' Your weekly pa) $ oakc-homc pm') or Your twice-a-month pa) $ !/ilkchOIlW /)(/ I) Your Monthly Take-home Pay Figure Your Spouse's Monthly Income Your spouse\ $ weekly pay (takc-ho/llc par) or Your spouse's twice-a-month pay $ (take-ho/11e /)([1') Your Spouse's Monthly Take-home Pay x 52 -;. 12 $ (/11onrhh'II7CO/11"! x 2 $ illlOl1lhl1' II1COme; ~ x 52 ~ 12 $ (/110I1th/\, ll1CO/11Ci x 2 ~ (/11ol1thh'inco/11c) $ Other Monthly Income Second job Regular overtime Public assistance Child support Pension Social Security Other Total Other Monthly Income $ $ $ $ $ $ $ $ Total Net Monthly Income $ Monthly Expense Worksheet Housing Rent or mortgage Heating (gas or oil) Electricity Water or sewage Telephones (Iandlines & cell) Renters or homeowners insurance (if not included in mortgage) Trash service Home maintenance & furnishings Cleaning supplies Lawn service Transportation Gas Car payment Car insurance Car inspection Car repairs & maintenance License plates & registration Public transportation & taxi Parking & tolls Food Groceries School lunches Work-related (lunches & snacks) Insurance Health (medical & dental, if not payroll deducted) Life Disability Medical Doctor $ Dentist $ Prescriptions $ Child care Childcare or babysitters $ Child support or alimony $ Clothing Clothing $ Laundry & dry cleaning $ Donations Religious or charity $ Total Regular Monthly Expenses $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ~ HabItat "'" .. Hu....,. llf SootIo PaIrn IIeIdl colIIIty Education Tuition $ Books, papers & supplies $ Newspapers & magazines $ Lessons (sports, dance, music) $ Gifts Birthdays $ Major holidays $ Personal Barber or beauty shop $ Toiletries $ Children's allowances $ Tobacco products $ Beer, wine, or liquor $ Entertainment Movies, sporting events, concerts, etc, $ Video rentals $ Internet service $ Cable/satellite TV $ Restaurants & take-out meals $ Gambling & lottery tickets $ Fitness or social clubs $ Vacations/trips $ Hobbies or crafts $ Miscellaneous Checking account & money order fees $ Pet care & supplies $ Postage $ Pictures and photo processing $ "Mad" money $ Debts Student loan $ Credit card (monthly minimum) $ Credit card (monthly minimum) $ Credit card (monthly minimum) $ Medical bills $ Personal loan Other Other $ Other $ Other $ ~,~, . Habitat " , , for Humanity" '0' Sooth Palm Beach (ount', Discretionary Income Worksheet Figure Your Discretionary Income Total monthly income $ Minus total regular monthly expenses $ Discretionary income (Balance available to spend or save) $ ~ Habitat " " for Humanity- of South Palm Beach County 181 SE 5th Avenue, Delray Beach, Florida 33483 Date: (561) 819-6070 (561) 819-0173 FAX www.habitatsouthpalmbeach.org Construction Volunteer Registration Form PLEASE PRINT CLEARLY Name Employer Work Address: and/or Home Address: Home #: City State _ Zip City State _ Zip Cell Phone: Fax: Work #: Email: (to receive our monthly e-newsletter - please print clearly) Are you a year round resident? Yes _ No _ Are you 16 years old or older? Yes _ No _ Reason for volunteering: Are you volunteering on behalf of a Habitat Homeowner? Who: Are you volunteering on behalf of a Company? Who: How did you hear about us? Emergency Contact Name: Tel: In the list of tasks below, please mark ONLY those for which you are volunteering. If you are skilled in that task, then write the number 1 in the box next to the task. If you have some experience in that task, then write 2 in the box next to the task. If you are willin!! to learn a task, then write 3 in the box next to the task. Carpentry Laborer Drywall Landscaping Electrical Masonry Framing Painting Plumbing V olunteer Coordination Stucco Roofing For any tasks that you have indicated that you are skilled (#1), please list the experience you have: Please also read and sign the RELEASE AND WAIVER OF LIABILITY (next page) agreement and bring with you to the Construction Site. I&iIl ~ r.'~ .' "="'l l':..:~:~~_.._ _ i, - tr ~. Boynton Beach Faith Based Community Development Corporation 2191 N, Seacrest Blvd, Mail: P.O. Box 337 Boynton Beach, FL 33425 Phone: 561-752-0303 Fax: 561-244-5046 Email: boyntonbeachcdc.org A HUD APPROVED ORGANZATION -""'-"""".'~'~' --,,--,-:,~ ._...,.~-, ..---;,,-*.,'"''''....._,-,- .......~,...'~I.... >.-, ...._.." ...-..-'" """""_.,' ..,,__._,,_~;= """.'-....__ ~._._'~...,...."''''~..._. Marketing Plan The Boynton Beach Faith Based Community Development Corporation has implemented a multifaceted marketing plan in order to identify clients interested in homeownership. The plan utilizes a combination of various marketing strategies, that includes social media, mass mailing, radio, newspaper, email and word of mouth referrals. Marketin2 Distribution · City of Boynton Beach · Local Lenders · Local Housing Authorities · Local Churches · Local Chamber of Commerce · Local Business and Non-profit organizations · The Community Forum · Realtors · Exi sting Clients · Marketing Events (housing fairs and workshops) · Developers/General Contractors . · Press Releases · Collaborative Partners . Boynton Beach Faith Based COC has a homebuyer program that has been in place for several years. To date, the CDC has counseled over 2,462 and has assisted 133 families realize the dream of home ownership through the first time homebuyers program. The success of the CDC's First Time Homebuyers Program has enabled the COC to establish a exceptional relationship with local banks and institutions .The partnership has been twofold .The banks also refer clients to our organization for both homebuyers counseling and home ownership. Local lending partners include;. . Bank of America . Bank Atlantic . Chase . HSBC . Mackinac Savings Bank . PNC Bank . Regions Bank . Sun Trust . Wells Fargo The CDC partners with local churches, businesses, other housing and social service agencies through which we disseminate information and from which we receive referrals. The CDC hosts at least two major communit)i"~vents annually to promote the CDC programs and services. The press and media are invited and encouraged to attend. EXHIBIT E Construction Schedule GI '3 -a GI ....z: III U GI loll ~ g Gltl i ~ ci; ~ c: 0 llIU GI-a U GI o III o D- O .... CL u - - - - - - - - - - - - - - - - - - - - - - - - - i!i - > - - - - - - - - - - - - - - - - - - - - - ~ - - ~ - N t t:; - - - - - - - - - - - - - - - - - - - - - - ~ 0 0 or - ~ ~ t - - - - - - - - - - - - - - - - - - - - - ~ - ~ ~ 0 t or - ~ . 0 '" or ;; - - - - - - - - - - - - - - - - - - - - - ~ - or - ~ - - - - - - - - - - - - - - - - - - - - - lJ L z - - - - - - - - - - - - - - - - - - - - - ::; > - - - - - - - - - - " - - - - - - - - - - - - "' :;; t . ~ ~ or ~ - - - - - - - - - - - - - - - - ~ - - - - - - " ~ or ~ j ~ . " - - - - - - - - - - - - - - - - ~ - - - - - - :;; ~ ~ - - - - - - - - - - - - - - ~ - - - - - - - z - - - - - - - - - - - - - 1-- - - - - - - - - - " u - - - - - - - - - -- - - - - - - - - - - - - - i!i N . . ~ > or - ~ - - - - - - - - - - - 0 ~ - - - - - - - - - - - t or ~ j t t:; - - - - - - - - - - . - - - - - - - - - - - - 0 E ~ ~ - - - - - - - - - - - - - - - - - - - - - - '" - - --- - - - - - - - - - - - - - - - ::> - - - - " ~ - - - - - - - - - - - - - - - - - - - - - - ~ t ~ ~ z . or ::; - - - - - ~ - - - - - - - - - - - - - - - - - "' " or ~ ~ 0 > . or " - - - - - ~ - - - - - - - - - - - - - - - - - :;; or ~ - - - - - - - - - - - - - - - - - - - - -- " ~ .- " - - - - - - - - - - - - - - - - - - - - - :;; '" - - - - - - - - - - - - - - - - - - - - - - - 11 z . j '" - j - - - - - - - - - - - - - - - - - - - - - - t ~ ~ 0 U t or a ~ - - - - - - - - - - - - - - - - - - - - - - - or > ~. L- a - - - - - - - - - - - - - - - - - - - - - - - z ... u - - - - - - - - - - - - - - - - - - - - - - - - - 0 ~ ~ ~ >; ~ ~ 0 ., "' m 0 ;; " ;: . . . . . . . . . . . . . t . '" ... o N N ... o N ... ... o N o N ~ c , o u ~ . '" E ~ , Si o ~ C j '" ~ . Sunny~outh Conatruction,COmpany'lnc. .. ~ , .' - 1~14J 92. Co." N.!WrsrPIlllI Reub, F,1. 34t2;IPIL AtEt....; .nati l1'.X,~ '1n~J7S5IC.G.C.1S'lllOS711JaVt)'~..y;oudt(\t;\!(t1. Contractor Proposal This Proposal made this day 5.25.11 , by Smmy South Constroctton Co. Inc. and Boynton Beach Faith Base CDC (Community Deve100ment Coroorations)(Ownea SCOPE OF WORK The contractor shall furnish all materials and perfonn all the work shown or described in the Plans and specifications, as it pertains to work building multiple new energy efficient homes located in the City of Boynton Beach Florida Scone OF Work and Home Specifications 1. All drawings signed and sealed 2. All permits 3. All manual J calculations 4. All windows will be impact low E energy efficient rated lover 1 single hung windows white 5. Price includes on demand water system 6. Metal Roof 5v crimp 7. Ceramic or vinyl tile in commons areas and 25 oz carpet and pad in bedrooms 8. All counter top and vanities will be plywood 9. All new 200 amp electrical minimum 10. New 14 seer ale system sized for the home 11. Min concrete drive way per code 12. Concrete block construction 13. R-Il insulation on walls 14. R-30 insulation in attic 15. I phone and I tv jack 16. No sliding doors 17. Interior walls will be finished smooth (at a min) 18. Ceiling will be finished with knock down finish 19. Each house 3 or 4 bedrooms will have a 9' x 15' covered patio in front side or rear depending on customer preference and building lot layout 20. Price also includes all painting interior and exterior 21. All interior doors will 6 panel door 22. All exterior doors will 6 panel metal door with peep hole 23. All trusses will be pre-engineered wood truss 24, Price also includes one ft of fill under entire house as required by bldg dep1 25. Tying plumbing into existing plumbing and sewer lines 26. Appliance wilt be as follows A. New energy star 21 cu ft refrigerator energy efficient B New energy star dishwasher C. New energy star 4 burner stove 27. Garage door will be metal impact 8' x 7' (single garage door) 28. Sodding the entire yard Exdmiion ~ Property Acquisition ~ Demolition ofExisting Structure ~ Septic Tank ~ Roads and Side\wlks SIGNAlURES T"'mti>cl. _Signed: Owner Please sign below upon Acceptance of this proposal and return it to us. We wIll then schedule a meeting for signing of a Carl Thank you for your business. Dated: S' I~;MJI/ Signed- . S or EXHIBIT F RFQ/RFP Acknowledgement Statement ~ Habitat , , " for Humanity@ of South Palm Beach County 181 S.E. 5th Avenue Delray Beach, FL 33483 561-819-6070 Fax: 561-819-0173 www.habitatsouthpalmbeach.org May 27, 2011 Boynton Beach Community Redevelopment Agency 915 S Federal Highway Boynton Beach, FL 33425 Re: Response to the Boynton Beach eRA Request for Qualification and Proposal Ocean Breeze West This is my acknowledgement that I have read and understand all procedures of this RFQ/RFP. Respectfully, filiI!/( Michael Campbell Executive Director mcamobell@hfhboca.org 561-819-6070 @ EOUAl HOUSING LENDER EXHIBIT G Drug Free Workplace Certification Page 10 of 11 CERTIFICA TION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of ~ '~~nJI ,t S Y Dc.... responding to this RFP maintains a drug-free workplace program, ahd that the following conditions are met: (I) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (I), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction, (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted, (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature: IU #' La! rVL c.k~c.l Q ~~ ""ibt.11 Date 5/~( /J() II t: "'-eL.", -\:"olt "U, 1..e-t.J.o.'1.. Name & Title (typed) T:\DEVELOPMENT\Ocean Breeze\Ocean Breeze West\Ocean Breeze West RFP 21 Homes\Ocean Breeze West Homes RFP,doc EXHIBIT H PowerPoint Presentation r r I I (' L Ih'\l'lopill~ 'Iixl'd IIll'OIIll' "l'i~hhorhoods ( kean Breeze \Vest I Iabitat for Ilumanin & The Bm!1t()n Beach l'aith Based CDC \Ltkc~ a difklTl1Cl' ~ _""__c.-r... iftff!a=- 1 DCH'lopillg \liu'd IlIl'Ollll' '\l'ighhorhoods Takcs a \ll1l1itll(il' "rOrgalli/atiolls · Partncr · Dl'\l']()plT~ · Buildl'b · .luri'lltcli()ll~ . ] ,;llld ()\\'lH'!', . C()rp()r;lli()ll~ · Sch()()b . (IZ \ . (I X~ . I I ()lI~lIlg \ lit h( )ril\ . ([)('~ 1rrj!:iS'-~ 2 r l- I I I I I I (..... ~ 3 4 EXHIBIT I Ground Lease Habitat for Humanity of South Palm Beach County Housing and Community Land Trust GROUND LEASE THIS LEASE (".this Lease" or "the Lease") entered into this day of , 20_, between Habitat for Humanity of South Palm Beach County Community Housing and Land Trust ("'CHL T') and ("Homeowner"). RECIT ALS A. The CHL T is organized exclusively for charitable purposes, including the purpose of providing homeownership opportunities for low and moderate income people who would otherwise be unable to afford homeownership. B. A goal of the CHLT is to preserve affordable homeownership opportunities through the long- term leasing of land under owner-occupied homes. C. The Leased Land described in this Lease has been acquired and is being leased by the CHL T in furtherance of this goal. D. The Homeowner shares the purposes of the CHL T and has agreed to enter into this Lease not only to obtain the benefits of homeowners hip, but also to further the charitable purposes of the CHLT. E. Homeowner and CHL T reco them accepts these terms, inclu property now being purchased F. Homeowner and CHLT agre hat the s extended period of time and through a succession of owners. NOW THEREFORE, Homeowner and CHL T agree on all of the terms and conditions of this Lease as set forth below. of this Lease, and each of eting and resale price of the er their shared goals over an DEFINITIONS: Homeowner and CHL T agree on the following definitions of key terms used in this Lease. Leased Land: the parcel of land, described in Exhibit: LEASED LAND, that is leased to the Homeowner. Home: the residential structure and other permanent improvements located on the Leased Land and owned by the Homeowner, including both the original Home described in Exhibit: DEED, and all permanent improvements added thereafter by Homeowner at Homeowner's expense. Base Price: the total price that is paid for the Home by the Homeowner (including the amount provided by a first mortgage loan but not including subsidy in the form of deferred loans to the Homeowner). Purchase Option Price: the maximum price the Homeowner is allowed to receive for the sale of the Home and the Homeowner's right to possess, occupy and use the Leased Land, as defined in Article 10 ofthis Lease. Lease Fee: The monthly fee that the Homeowner pays to the CHLT for the continuing use of the Leased Land and any additional amounts that the CHL T charges to the Homeowner for reasons permitted by this Lease. Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [1] January 2011 Permit/cd lv/or/gage: A mortgage or deed of trust on the Home and the Homeovlnel s ri~ht 1\ possess. occupy and use the Leased Land granted 10 a lender by the Ilomeowner wIth the CHLT's Permission. The IIomcowner ma) not mortgage the ('HLT's interest in till' leased Land. and may not grant any mOl1gage or deed of trust without CHLf'" PermissHH: En'111 ofDefolll/: Any violation of the lerms of the Lease unless it has heen corrected ("cured" i by Homeowner or the holder of a Permitted Mortgage in the specified period of tllne atter a written Notiee of Default has been given hy CH LT ARTICLE 1: Homeowner's Letter of Agreement and Attorney's Letter of Acknowledgment are attached as Exhibits. Attached as Exhibit HOMEOWNER'S LFTIER OJ' AGRI~.LMENI i\ND AITORNE,)"S LETTER OF ACKNOWLEDGMENT and made pm1 of this Lease by reference are a Letter of Agreement from the Homeowner. describing the I-Iomemvner's understanding and acceptance of this Lease (including the parts of the Lease that affect the resale of the Home), and a Letter of Acknowledgment from the HomeO\'vner's attorne). describing the attorney' s review of the Lease with the Homeowner. ARTICLE 2: Leasing of Rights to the Land 2.1 CHL T LEASES THE LAND TO HOMEOWNER: The CHL T hereby leases to the Homeowner, and Homeowner hereby accepts. the right to possess, occupy and usc the Leased Land (described in the attached Exhibit LEASED LAND) in accordance with the tem1S of this Lease. CHL T has furnished to ner a copy of the most c nt title rep0l1. if any. obtained by CHL T for the Leas tIe to the Leased Land in its condition "as is" as of the signi 2.2 MINERAL RIGHTS NOT I~EASED TO Hd'MEO~!R: L T does not lease to Homeowner the right to remove from the Leased Land any minerals lying beneath the Leased Land's surface. Ownership of such minerals remains with the CHL T. but the CHL T shall not remove any such minerals from the Leased Land without the Homeowner's written permission ARTICLE 3: Term of Lease, Change of Land Owner 3.] TERM OF LEASE IS 99 YEARS: This Lease shall remain in effect f()]' 99 years. beginning on the day of . 20 . and ending on the day \)1' n_______ . 20 _____' unless ended sooner or renewed as provided belm'v . 3.2 HOMEOWNER CAN RENEW LEASE FOR ANOTHER 99 YEARS: Homeowner may renew this Lease f()r one additional period 01'99 years. The CHLT may change the tem1S of the Lease for the renewal period prior to the beginning of the renewal period but only if these changes do not materially and adversely interfere with the rights possessed by Homeowner under the Lease. Not more than 365 nor less than 180 days bet()IT the last day of the first 99-year period. CHL T shall give Homeowner a written notice that states the date of the expiration ofthe first 99-year period and the conditions for renewal as set forth in the following paragraph ("the Expiration Notice"). The Expiration Notice shall also describe any changes that CHL T intends to make in the Lease for the renewal period as permitted above. The Homeowner shall then have the right to renew the Lease only if the followmg conditions are met: (a) within 60 days of receipt of the Expiration Notice. the Homeowner shall give CHU Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease 12] January 2011 written notice stating the Homeowner's desire to renew ("the Renewal Notice"); (b) this Lease shall be in effect on the last day of the original 99-year term, and (c) the Homeowner shall not be in default under this Lease or under any Permitted Mortgage on the last day of the original 99- year term. When Homeowner has exercised the option to renew, Homeowner and CHL T shall sign a memorandum stating that the option has been exercised. The memorandum shall comply with the requirements for a notice oflease as stated in Section 14.12 below. The CHL T shall record this memorandum in accordance with the requirements oflaw promptly after the beginning of the renewal period. 3.3 WHAT HAPPENS IF CHL T DECIDES TO SELL THE LEASED LAND: If ownership of the Leased Land is ever transferred by CHL T (whether voluntarily or involuntarily) to any other person or institution, this Lease shall not cease. but shall remain binding on the new landowner as well as the Homeowner. If CHL T agrees to transfer the Leased Land to any person or institution other than a non-profit corporation, charitable trust, government agency or other similar institution sharing the goals described in the Recitals above, the Homeowner shall have a right of first refusal to purchase the Leased Land. The details of this right shall be as stated in the attached Exhibit FIRST REFUSAL. Any sale or other transfer contrary to this Section 3.3 shall be null and void. ARTICLE 4: Use of Leased Land 4.1 HOMEOWNER MAY USE THE HOME ONLY FOR RESIDENTIAL AND RELATED PURPOSES: Homeowner shall d allow others to use, the me and Leased Land only for residential purposes and any act I t en were permitted by local zoning law when the Lease was d' c d Exhibit ZONING. 4.2 HOMEOWNER MUST US THE H E LE D AND RESPONSIBlL Y AND IN COMPLIANCE WITH THE LAW: Homeowner shall use the Home and Leased Land in a way that will not cause harm to others or create any public nuisance. Homeowner shall dispose of all waste in a safe and sanitary manner. Homeowner shall maintain all parts of the Home and Leased Land in safe, sound and habitable condition, in full compliance with Habitat for Humanity of South Palm Beach County Lease all laws and regulations, and in the condition that is required to maintain the insurance coverage required by Section 9.4 ofthis Lease. 4.3 HOMEOWNER IS RESPONSIBLE FOR USE BY OTHERS: Homeowner shall be responsible for the use of the Home and Leased Land by all residents and visitors and anyone else using the Leased Land with Homeowner's permission and shall make all such people aware of the restrictions on use set forth in this Lease. 4.4 HOMEOWNER MUST OCCUPY THE HOME FOR AT LEAST 8 MONTHS EACH YEAR: Homeowner shall occupy the Home for at least 8 months of each year of this Lease, unless otherwise agreed by CHL T. Occupancy by Homeowner's child, spouse or domestic partner, or other persons approved by CHL T shall be considered occupancy by Homeowner. Neither compliance with the occupancy requirement nor CHLT's permission for an extended period of non-occupancy constitutes permission to sublease the Leased Land and Home, which is addressed in Section 4.5 below. Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [3] January 2011 4.5 LEASED LA}"JD MAY NOT BE SUBLEASED WITHOli'r CHLl'S PER\;llSSION. Except as otherwise provided in Article X and Al1icle 10. Homeowner shall not sublease. sell (lr otherv..ise convey any of Homeowner's rights under this Lease. It)!' any period of time. without the written permission of CHLT. Homeowner agrecs that ell L1 shall ha\ e the rIght to withhold such consent in order to further the purposes of thIS Lcase If pennission tt)r subleasing is granted. the sublease shall he subject to the t()llowing conditions. a) Any sublease shall be subject to all ofthc terms of this Leasc. b) The rental or occupancy fee charged the sub-lessee shall not bc more than the amount oj the Lease Fee charged the Homeowner by the CH LT. plus an amount approved by CH L I to cover I-Iomeovvner's costs in owning the Home Including but not limited to the cost taxes, insurance and m0l1gagc interest. 4.6 CHLT HAS A RIGHT TO INSPECT THE LEASED LAND: The CHLT may II1spect an~ part of the Leased Land except the interiors of fully enclosed buildings. at any reasonable time. after notifying the Homeowner at least 24 hours before the planned inspection. No more than :2 regular inspections may be carried out in a single year. except in the case of an emergency. In an emergency. the CHLT may inspect any part of the Leased Land except the II1teriors of fully enclosed buildings. atter making reasonable efforts to II1form the Homeowner bct()re the inspection. If the CHL T has received an Intent- To-Sell Notice (as described in Section 10.4 below). then the CHL T has the right to inspe teriors of all fully enclo buildings to detennine their condition prior to the sale. The u~tiP e ~o at least 24 hours before carrying out such inspection. . . 4.7 HOMEOWNER HAS A RIGHT TO QUIET'il!NJOYmNT: Homeowner has the right to quiet enjoyment of the Leased Land. The CHL T has no desire or intention to interfere with the personal lives. associations. expressions. or actions of the Homeowner in any way not pemlitted by this Lease. ARTICLE 5: Lease Fee 5.1 AMOUNT OF LEASE FEE: The Homeowner shall pay a monthly Lease Fee in an amount equal to the sum of (a) a Land Use Fee of $25.00 to be paid in return t(H the continuing right 10 possess. occupy and use the Leased Land. plus (b) a Roof Repair/Replacement Reserve Fee 01 S42.00 to be held by the CHL T and used tl.)]" the purpose of preserving the physical quality ofthc Home for the long term in accordance with Section 7.6 below 5.2 WHEN THE LEASE FEE IS TO BE PAID: The Lease Fee shall be payable to CHLT on Ihl' first day of each month for as long as this Lease remains in effect. unless the Lease Fee is to be escrowed and paid by a Pemlitted Mortgagee, in which case payment shall be made as directed by that Mortgagee. 5.3 HOW THE AMOUNT OF THE LAND USE FEE HAS BEEN DETERMINED: The amount of the Land Use Fee stated in Section 5.1 above has been determined as follows. First. the approximate monthly fair rental value of the Leased Land has been established. as of the beginning ofthc Lease teml. recognizing that the htir rental \ alue is reduced bv cCl1all1 Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [4] January 2011 restrictions imposed by the Lease on the use of the Land. Then the affordability of this monthly amount, plus the amount of the Repair Reserve Fee, for the Homeowner has been analyzed and, if necessary, the Land Use has been reduced to an amount considered to be affordable for Homeowner. 5.4 CHL T MAY REDUCE OR SUSPEND THE LEASE FEE TO IMPROVE AFFORDABlLITY: CHLT may reduce or suspend the total amount of the Lease Fee for a period of time for the purpose of improving the affordability of the Homeowner's monthly housing costs. Any such reduction or suspension must be in writing and signed by CHL T. 5.5 FEES MAY BE INCREASED FROM TIME TO TIME: The CHL T may increase the amount of the Land Use Fee and/or the Repair Reserve Fee from time to time, but not more often than once every _ years. Each time such amounts are increased, the total percentage of increase since the date this Lease was signed shall not be greater than the percentage of increase, over the same period of time, in the Consumer Price Index for urban wage earners and clerical workers for the urban area in which the Leased Land is located, or, ifnone, for urban areas the size of 5.6 LAND USE FEE WILL BE INCREASED IF RESTRICTIONS ARE REMOVED: It~ for any reason, the provisions of Article 10 regarding transfers of the Home or Sections 4.4 and 4.5 regarding occupancy and subleasing are suspended or invalidated for any period of time, then during that time the Land Use F be increased to an amo alculated by CHL T to equal the fair rental value of the Leas b suspended provisions, but initially an amount not exceedi 11 become effective upon CHL T's written notice to Horn these restrictions are not reinstated in the Lease, the CHL may, from time 0 time, rther increase the amount of such Land Use Fee, provided that the amount of the Land Use Fee does not exceed the fair rental value of the property, and provided that such increases do not occur more often than once in every _ years. 5.7 IF PAYMENT IS LATE, INTEREST CAN BE CHARGED: If the CHLT has not received any monthly installment of the Lease Fee on or before the date on which the such installment first becomes payable under this Lease (the "Due Date"), the CHL T may require Homeowner to pay interest on the unpaid amount from the Due Date through and including the date such payment or installment is received by CHL T, at a rate not to exceed 18%. Such interest shall be deemed additional Lease Fee and shall be paid by Homeowner to CHL T upon demand; provided, however, that CHL T shall waive any such interest that would otherwise be payable to CHL T if such payment of the Lease Fee is received by CHL T on or before the thirtieth (30th) day after the Due Date. 5.8 CHLT CAN COLLECT UNPAID FEES WHEN HOME IS SOLD: In the event that any amount of payable Lease Fee remains unpaid when the Home is sold, the outstanding amount of payable Lease Fee, including any interest as provided above, shall be paid to CHL T out of any proceeds from the sale that would otherwise be due to Homeowner. The CHL T shall have, and the Homeowner hereby consents to, a lien upon the Home for any unpaid Lease Fee. Such lien shall be prior to all other liens and encumbrances on the Home except (a) liens and Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease IS] January 2011 encumbrances recofded bef()IT the recording of this Lease, (b) Pennitted Mortgages as dctined III scction 8.1 below; and (c) liens t()r real property taxes and other govel11menta] assessments or charges against the Home. ARTICLE 6: Taxes and Assessments 6.1 HOMEOWNER IS RESPONSIBLE FOR PAYING ALL TAXES AND ASSESSMENTS: Homeowner shall pay directly. when due. all taxes and govel11mental assessments that relate to the Home and the Leased Land (including any taxes relating to the CHLT's interest in the Leased Land) 6.2 CHL T WILL PASS ON ANY TAX BILLS IT RECEIVES TO HOMEOWNER: In the evenl that the local taxing authority bills CHLT f()r any portion of the taxes on the Home Of Leased Land. CHL T shall pass the bill to Homeownef and Homeowner shall promptly pay this bill. 6.3 HOMEOWNER HAS A RIGHT TO CONTEST TAXES: Homeowner shall have the right t\\ contest the amount or validity of any taxes relating to the Home and Leased Land. Upon receiving a reasonable request from Homeowner for assistance in this matter. CHLT shall join in contesting such taxcs. All costs of such proceedings shall be paid by Homeowner 6.4 IF HOMEOWNER FAILS TO PAY TAXES, CHL T MAY INCREASE LEASE FEE: In the event that Homeowner fails to pay the taxes or other charges describcd in Section 6.1 above. CHLT may increase Homeown se Fee to offset the amo ftaxes and other charges owed by Homeowner. Upon co L all pay the amount collected to the taxing authority in a time 6.5 PARTY THAT PAYS TAXES MUST When either party pays taxes relating to thc Homc or Leased Land. that party shall fUl11ish satisfactory evidence of the payment to the other party. A photocopy of a receipt shall be the usual method of fUl11ishing such evidence. ARTICLE 7: The Home 7.1 HOMEOWNER OWNS THE HOUSE AND ALL OTHER IMPROVEMENTS ON THE LEASED LAND: All structures. including the house. fixtures. and other improvements purchased, constructed, or installed by the Homeowner on any part of the Leased Land at any time during the term of this Lease (collectively, the "Home") shall be property of the Homeowner. Title to the Home shall be and remain vested in the Homeowner. However. Homeowner's fights of ownership are limited by eertain provisions of this Lease. including provisions regarding the sale Of leasing ofthe Home by the Homeowner and the CHLT's option to purchase the Home. In addition. Homeowner shall not femove any pm1 of the Home from the Leased Land without CHL T's prior written consent. 7.2 HOMEOWNER PURCHASES HOME WHEN SIGNING LEASE: Upon the signing of thIs Lease, Homeowner is simultaneously purchasing the Home located at that time on the Leased Land, as described in the Deed. a copy of which is attached to this Lease as Exhibit: DEED. Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [6J January 2011 7.3 CONSTRUCTION CARRIED OUT BY HOMEOWNER MUST COMPLY WITH CERT AIN REQUIREMENTS: Any construction in connection with the Home is permitted only if the following requirements are met: (a) all costs shall be paid for by the Homeowner; (b) all construction shall be performed in a professional manner and shall comply with all applicable laws and regulations; (c) all changes in the Home shall be consistent with the permitted uses described in Article 4; (d) the footprint, square-footage, or height of the house shall not be increased and new structures shall not be built or installed on the Leased Land without the prior written consent of CHL T. For any construction requiring CHL T's prior written consent, Homeowner shall submit a written request to the CHL T. Such request shall include: a) a written statement of the reasons for undertaking the construction; b) a set of drawings (floor plan and elevations) showing the dimensions of the proposed construction; c) a list of the necessary materials, with quantities needed; d) d) a statement of who will do the work; If the CHL T finds it needs additional information it shall request such information from Homeowner within two weeks of receipt of Homeowner's request. The CHLT then, within two weeks of receiving all necessar ation (including any ad . . nal information it may have requested) shall give Homeown i on 'tten statement of its reasons for not consenting. Before cons all provide CHL T with copies of all necessary building permit 7.4 HOMEOWNER MAY NOT ALLOW STATUTORY LIENS TO REMAIN AGAINST LEASED LAND OR HOME: No lien of any type shall attach to the CHL T' s title to the Leased Land. Homeowner shall not permit any statutory or similar lien to be filed against the Leased Land or the Home which remains more than 60 days after it has been filed. Homeowner shall take action to discharge such lien, whether by means of payment, deposit, bond, court order, or other means permitted by law. If Homeowner fails to discharge such lien within the 60-day period, then Homeowner shall immediately notify CHL T of such failure. CHL T shall have the right to discharge the lien by paying the amount in question. Homeowner may, at Homeowner's expense, contest the validity of any such asserted lien, provided Homeowner has furnished a bond or other acceptable surety in an amount sufficient to release the Leased Land from such lien. Any amounts paid by CHL T to discharge such liens shall be treated as an additional Lease Fee payable by Homeowner upon demand. 7.5 HOMEOWNER IS RESPONSIBLE FOR SERVICES, MAINTENANCE AND REPAIRS: Homeowner hereby assumes responsibility for furnishing all services or facilities on the Leased Land, including but not limited to heat, electricity, air conditioning and water. CHL T shall not be required to furnish any services or facilities or to make any repairs to the Home. Homeowner shall maintain the Home and Leased Land as required by Section 4.2 above and shall see that all necessary repairs and replacements are accomplished when needed. Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [7] January 2011 7.6 A ROOF REPAIR/REPLACEMENT RESERVE FUND IS ESTABISHED TO SI PPORI FUTURE REP AIRS: The roof repairTeplacement fund is cstablished to pro\ldc the homeowner \vith resources to take care of roof repaIr/replacement when the need arIses. The repair/replacement fund will ensure the integrity of the home will be protected from weather related threats. 7.7 WHEN LEASE ENDS. OWNERSHIP REVERTS TO CHLT. WHICH SHALJ REIMBURSE HOMEOWNER: Upon the expiration or termination of this Lease. ownership of the Home shall ITvel1 to CHLT Upon thus assum1l1g title to thc Homc. CHL'T shall promptlv pay Homeowner and Pennitted M0I1gagee(s). as follows: FIRST. CHLT shall pay any Pem1itted Mortgagee(s) thc full amount owed to sLlch mortgagec(sl by Homeowner. SECOND. CHLT shall pay thc Homeowner the balance of the Purchase Option Pncc calculated in accordance with AI1icle I () below. as of the time of reversIOn of ownership. less the total amount of any unpaid Lease Fee and any other amounts owed to the CH LT under the terms oj this Lease. The Homeowner shall be responsible t()r any costs necessary to clear any additional liens or other charges related to the Home which may he assessed against the Home. If the Homeowner fails to clear such liens or charges. the balancc due the Homeowner shall also be reduced by the amount necessary to release SLlch liens or charges. including reasonable attorneys fees inculTed bv the CHIT ARTICLE 8: Financing 8.1 HOMEOWNER CANNOT The Homeowner may mortgage mortgage or deed of trust permi and the holder of such a mortga OUT CHLT's PERMISSION rmission ofCHL T. Any l11ed as a Permitted Mortgage. s Pennitted Mortgagee. 8.2 BY SIGNING LEASE. CHL T GIVES PERMISSION FOR ORIGINAL MORTGAGE. B) signing this Lease, CHL T gives written permission for any mortgage or deed of trust signed b\ the Homeowner effective on the day this Lease is signed t()J' the purpose of financing Homeowner's purchase of the Home. 8.3 CHL T PERMISSION IS REQUIRED FOR REFINANCING OR OTHER SUBSEQUENT MORTGAGES. IL at any time subsequent to the purchase of the Home and SIgning of the Lease. the Homeowner seeks a loan that is to be secured by a mortgage on the Home (to refinance an existing Permitted Mortgage or to finance home repairs or f()r any other purpose). Homeowner must infonn CHL T. in writing. of the proposed terms and conditions of such mortgage loan at least 15 business days prior to the expected closing of the loan. The infonnation to be provided to the CHL T must include: a. the name of the proposed lender: b. Homeowner's reason for requesting the loan: c. the principal amount of the proposed loan and the total mortgage debt that will result from the combination of the loan and existing mortgage debt. ifany: d. expected closing costs: e. the rate of interest: f the repayment schedule: Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [8J January 2011 g. a copy of the appraisal commissioned in connection with the loan request. CHL T may also require Homeowner to submit additional information. CHL T will not permit such a mortgage loan if the loan increases Homeowner's total mortgage debt to an amount greater than 20% of the then current Purchase Option Price, calculated in accordance with Article 10 below, or if the terms of the transaction otherwise threaten the interests of either the Homeowner or the CHL T. 8.4 CHLT IS REQUIRED TO PERMIT A "STANDARD PERMITTED MORTGAGE'" The CHL T shall be required to permit any mortgage for which the mortgagee has signed a "Standard Permitted Mortgage Agreement" as set forth in "Exhibit: Permitted Mortgages, Part C." and for which the loan secured thereby does not increase Homeowner's total mortgage debt to an amount greater than 20% of the then current Purchase Option Price, calculated in accordance with Article I 0 below. 8.5 A PERMITTED MORTGAGEE HAS CERTAIN OBLIGATIONS UNDER THE LEASE. Any Permitted Mortgagee shall be bound by each of the requirements stated in "Exhibit: Permitted Mortgages, Part A, Obligations of Permitted Mortgagee," which is made a part of this Lease by reference, unless the particular requirement is removed, contradicted or modified by a Rider to this Lease signed by the Homeowner and the CHL T to modify the terms of the Lease during the term of the Permitted Mortgage. 8.6 A PERMITTED MORTGA Permitted Mortgagee shall have Mortgages, Part B, Rights of Pe reference. DER THE LEASE. Any tated in "Exhibit: Permitted e a part of this Lease by 8.7 IN THE EVENT OF FORECLOSURE, ANY PROCEEDS IN EXCESS OF THE PURCHASE OPTION PRICE WILL GO TO CHLT. Homeowner and CHLT recognize that it would be contrary to the purposes of this agreement if Homeowner could receive more than the Purchase Option Price as the result of the foreclosure of a mortgage. Therefore, Homeowner hereby irrevocably assigns to CHL T all net proceeds of sale of the Home that would otherwise have been payable to Homeowner and that exceed the amount of net proceeds that Homeowner would have received if the property had been sold for the Purchase Option Price, calculated as described in Section 10.10 below. Homeowner authorizes and instructs the Permitted Mortgagee, or any party conducting any sale, to pay such excess amount directly to CHL T. If, for any reason, such excess amount is paid to Homeowner, Homeowner hereby agrees to promptly pay such amount to CHL T. ARTICLE 9: Liability, Insurance, Damage and Destruction, Eminent Domain 9.1 HOMEOWNER ASSUMES ALL LIABILITY. Homeowner assumes all responsibility and liability related to Homeowner's possession, occupancy and use of the Leased Land. 9.2 HOMEOWNER MUST DEFEND CHL T AGAINST ALL CLAIMS OF LIABILITY. Homeowner shall defend, indemnify and hold CHL T harmless against all liability and claims of liability for injury or damage to person or property from any cause on or about the Leased Land. Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [9] January 2011 Homeowner waives all claims against ('HLT t()r injury or damage on or about the Leased Land However, CHL T shall remain liable t()r injury or damage due to the grossly neglIgent 01 intentional acts or omissions of CH L T or CH LT' s agents 01 emplovees 9.3 HOMEOWNER MUST REIMBURSE CHLT In the event the CHLT shall be required to pay any sum that is the Homeowner's responsibilit) or liability. the Homeowner shall reimburse the CHLT t()r such payment and t()r reasonable expenses caused thereby 9.4 HOMEOWNER MUST INSURE THE HOME AGAINST LOSS AND MUST MAINTAIN LIABILITY INSURANCE ON HOME AND LEASED LAND. Homeowner shall. at Homeowner's expense. keep the Home continuousl~ insured against "all risks" of physical loss. using Insurance Services Office (ISO) Form HO 00 03. or its equivalent. t()f the full replacement value ofthe Home. and in any event in an amount that wlll not incur a coinsurance penalty. The amount of such 1I1sured replacement value must bc approved hy the CH LT pnor to the commencement of the Lease. Thereafter. If the CHLT determines that the replacement value 1<' be insured should be increased. the CHLT shall inf(mll the Homeowner of such required increase at least 30 days prior to the next date on which the insurancc policy is to be renewed. and the Homeowner shall assure that the renewal includes such change. If Homeowner wishes to decrease the amount of replacement value to be insured. Homeowner shall inttmn the CHLT oj the proposed change at least 30 days prior to the tIme such change would take effect. The change shall not take effect without CH LT' s approval. Should the Home lie in a tloo zone as defined by the the Homeowner shall keep in f available. The Homeowner shall also. sole dpen 'force and effect public liability insurance using ISO Form HO 00 03 or 1 equiva ent in the amount of \, per occurrence and in the aggregate. The CH LI shall be named as an additional insured using ISO Fonn HO 04 41 or its equivalent. and cel1ificates of insurance shall be delivered to the CH LT prior to the commencement of the Lease and at each anniversary date thereof. The dollar amounts of such coverage may be increased from time to time at the CHLT's request but not more otten than once in any otlt~-year period. CHLT shall infoml the Homeowner of such required increase in coverage at least 30 days prior to the next date on which the insurance policy is to be renewed, and the Homeowner shall assure that the renewal includes such change. The amount of such increase in coverage shall be based on current trends in homeowner's liability insurance coverage in the area in which the Home is located ional Flood Insurance Plan. in the maximum amount 9.5 WHAT HAPPENS IF HOME IS DAMAGED OR DESTROYED. Except as provided below. in the event of tire or other damage to the Home. Hnmeowner shall take all steps necessary to assure the repair of such damage and the restoration nf the Home tu its condition immediately prior to the damage. All such repairs and restoration shall be completed as promptly as possible. Homeowner shall also promptly take all steps necessary to assure that the Leased Land is safe and that the damaged Home does not constitute a danger to persons or property. If Homeowncr, based on professional estimates. detennines either (a) that full repair and rcstoration is physically impossible. or (b) that the available insurance proceeds will pay t()r Ies~ than the full cost of necessary repairs and that Homeowner cannot otherwise aft()rd to eover the balance of the cost of repairs. then Homeowner shall notih' CHLT of this problem. and CHLl Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [101 January 2011 may then help to resolve the problem. Methods used to resolve the problem may include efforts to increase the available insurance proceeds, efforts to reduce the cost of necessary repairs, efforts to arrange affordable financing covering the costs of repair not covered by insurance proceeds, and any other methods agreed upon by both Homeowner and CHLT. If Homeowner and CHLT cannot agree on a way of restoring the Home in the absence of adequate insurance proceeds, then Homeowner may give CHL T written notice of intent to terminate the Lease. The date of actual termination shall be no less than 60 days after the date of Homeowner's notice of intent to terminate. Upon termination, any insurance proceeds payable to Homeowner for damage to the Home shall be paid as follows. FIRST, to the expenses of their collection; SECOND, to any Permitted Mortgagee(s), to the extent required by the Permitted Mortgage(s); THIRD, to the expenses of enclosing or razing the remains of the Home and clearing debris; FOURTH, to the CHL T for any amounts owed under this Lease; FIFTH, to the Homeowner, up to an amount equal to the Purchase Option Price, as of the day prior to the loss, less any amounts paid with respect to the second, third, and fourth clauses above; SIXTH, the balance, if any, to the CHL T. 9.6 WHAT HAPPENS IF SOME OR ALL OF THE LAND IS TAKEN FOR PUBLIC USE? If all of the Leased Land is taken by eminent domain or otherwise for public purposes, or if so much of the Leased Land is taken that the Home is lost or damaged beyond repair, the Lease shall terminate as of the date w eowner is required to gi p possession of the Leased Land. Upon such termination, t y ( id shall be allocated in the way described in Section 9.5 a In the event of a taking of a p ion of t s not result in damage to the Home or significant reduction in the usefii ness or eSlra 1 Ity 0 the Leased Land for residential purposes, then any monetary compensation for such taking shall be allocated entirely to CHL T. In the event of a taking of a portion of the Leased Land that results in damage to the Home only to such an extent that the Home can reasonably be restored to a residential use consistent with this Lease, then the damage shall be treated as damage is treated in Section 9.5 above, and monetary compensation shall be allocated as insurance proceeds are to be allocated under Section 9.5. 9.7 IF PART OF THE LAND IS TAKEN, THE LEASE FEE MAY BE REDUCED. In the event of any taking that reduces the size of the Leased Land but does not result in the termination of the Lease, CHL T shall reassess the fair rental value of the remaining Land and shall adjust the Lease Fee if necessary to assure that the monthly fee does not exceed the monthly fair rental value of the Land for use as restricted by the Lease. 9.8 IF LEASE IS TERMINATED BY DAMAGE, DESTRUCTION OR TAKING, CHL TWILL TRY TO HELP HOMEOWNER BUY ANOTHER CHL THOME. If this Lease is terminated as a result of damage, destruction or taking, CHL T shall take reasonable steps to allow Homeowner to purchase another home on another parcel of leased land owned by CHL T if such home can reasonably be made available. If Homeowner purchases such a home, Homeowner agrees to apply any proceeds or award received by Homeowner to the purchase of the home. Homeowner understands that there are numerous reasons why it may not be possible to make such a home available, and shall have no claim against CHL T if such a home is not made available. Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [11] January 2011 ARTICLE I(): Transfer ofthe Home 10.1 INTENT OF THIS ARTICLE IS TO PRESERVE AFFORDABILlTY: Homeowner and CHLT agree that the provisions of this Article 10 are intended to preserve the atl(mlability oftlw Home for lower income households and expand access to homeownership opportunities f()r such households. 10.2 HOMEOWNER MAY TRANSFER HOME ONLY TO CHL TOR INCOMEQUALlFIED PERSONS: Homeowner may transfer the Home only to the ('HL T or an Income-Qualitied Person as detined below or otherwise only as explicitly permitted by the provisions ofthis Article 10. All such transfers are to be completed only 111 strict compliance with this AI1iclc I (I Any purported transfer that does not t()lIow the procedures set t(lrth below. except in the case oj a transfer to a Permitted Mortgagee in lieu of toreclosure. shall he null and void. "Income-Qualitied Person" shall mean a person or group of persons whose household income does not exceed the percentage of the median household income that the homeowner ,vas in when they originally purchased the home These percentages of income are for the applicable Standard Metropolitan Statistical Area or County as calculated and adjusted for household size tl"om timc to time by the U.S. Department of Housing and l irban Dcvelopment (HUD) or am successor. 10.3 THE HOME MAY BE TRANSFERRED TO CERTAIN HEIRS OF HOMEOWNER: If Homeowner dies (or if the last surviving co-owner of the Homc dies), the executor or personal representative of Homeowner's hall notify CHL T within . ety (90) days of the date 01 the death. Upon receiving such sfer of the Home and Homeowner"s rights to the Lea sible heirs of Homeowner listed below as "a:' "b:' or "c:" ovided nt and a Letter of Attorney'" Acknowledgment (as described m Article 1 to CHL T to be attached to the Lease when it is transferred to the heirs. a) the spouse of the Homeowner; or b) the child or children of the Homeowner; or c) member(s) of the Homeowner's household who have resided in the Home j()r at least one year immediately prior to I-Iomeowner's death. Any other heirs. legatees or devisees of Homeowner. in addition to submitting Letters of Agreement and Attorney's Acknowledgment as provided above. must demonstrate to CHLT'" satisfaction that they are Income-Qualified Persons as detined above. If they cannot demonstratc that they are Income-Qualified Persons. they shall not be entitled to possession of the Home but must transfer the Home in accordance with the provisions of this Article 10. ARTICLE II: RESERVED ARTICLE 12: DEFAULT 12.1 WHAT HAPPENS IF HOMEOWNER FAILS TO MAKE PAYMENTS TO THE CHLT THAT ARE REQUIRED BY THE LEASE: It shall be an cvent of default if Homeowner fails to pay the Lease Fee or other charges required by the tem1S of this Lease and such failure is not cured by Homcowner or a Pcrmitted Mortgagee \vithin thirtv (30) days after 110tJce of such Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [12J January 2011 failure is given by CHL T to Homeowner and Permitted Mortgagee. However, if Homeowner makes a good faith partial payment of at least two-thirds (2/3) of the amount owed during the 30- day cure period, then the cure period shall be extended by an additional 30 days. 12.2 WHAT HAPPENS IF HOMEOWNER VIOLATES OTHER (NONMONETARY) TERMS OF THE LEASE: It shall be an event of default if Homeowner fails to abide by any other requirement or restriction stated in this Lease, and such failure is not cured by Homeowner or a Permitted Mortgagee within sixty (60) days after notice of such failure is given by CHL T to Homeowner and Permitted Mortgagee. However, if Homeowner or Permitted Mortgagee has begun to cure such default within the 60-day cure period and is continuing such cure with due diligence but cannot complete the cure within the 60-day cure period, the cure period shall be extended for as much additional time as may be reasonably required to complete the cure. 12.3 WHAT HAPPENS IF HOMEOWNER DEFAULTS AS A RESULT OF JUDICIAL PROCESS: lt shall be an event of default if the estate hereby created is taken on execution or by other process oflaw, or if Homeowner is judicially declared bankrupt or insolvent according to law, or if any assignment is made of the property of Homeowner for the benefit of creditors, or if a receiver, trustee in involuntary bankruptcy or other similar officer is appointed to take charge of any substantial part of the Home or Homeowner's interest in the Leased Land by a court of competent jurisdiction, or if a petition is filed for the reorganization of Homeowner under any provisions of the Bankruptcy Act now or hereafter enacted, or if Homeowner files a petition for such reorganization, or for arra s under any provision of Bankruptcy Act now or hereafter enacted and providing l' 0 S a or extend the time for payment of debts. 12.4 A DEFAULT (UN CURE IOLA ON) E E RIGHT TO TERMINATE THE LEASE OR EXERCISE ITS PURCHASE OPTION: a) TERMINATION: In the case of any of the events of default described above, CHL T may terminate this lease and initiate summary proceedings under applicable law against Homeowner, and CHL T shall have all the rights and remedies consistent with such laws and resulting court orders to enter the Leased Land and Home and repossess the entire Leased Land and Home, and expel Homeowner and those claiming rights through Homeowner. In addition, CHL T shall have such additional rights and remedies as are permitted by law to recover from Homeowner arrears of rent and damages from any preceding breach of any covenant of this Lease. If this Lease is terminated by CHL T pursuant to an Event of Default, then, as provided in Section 7.7 above. upon thus assuming title to the Home, CHL T shall pay to Homeowner and any Permitted Mortgagee an amount equal to the Purchase Option Price calculated in accordance with Section 10.9 above, as of the time ofreversion of ownership, less the total amount of any unpaid Lease Fee and any other amounts owed to the CHL T under the terms of this Lease and all reasonable costs (including reasonable attorneys' fees) incurred by CHL Tin pursuit of its remedies under this Lease. If CHL T elects to terminate the Lease, then the Permitted Mortgagee shall have the right (subject to Article 8 above and the attached Exhibit: Permitted Mortgages) to postpone and extend the specified date for the termination of the Lease for a period Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [13] January 2011 sufticient to enable the Permitted MOl1gagee or Its deSIgnee to acquire HOl11eO\\ncr'~ interest III the Home and thc Leased Land hy f()reclosure of its mortgage (1]' otherwise b) EXERCISE OF OPTION: In thc case olany ofthc evcnts otdefault descnbed abO\('. Homeowner hereby grants to the CHLT (or its assignee) the option to purchase the Home f(x the Purchase Option Price as such pnce is defined in Article I () abo\ c. Within thir1\ (30) days after the expiration of any applicable curl' pcriod as established in Sections 12. or 12.2 above or within 30 days after any of the events constituting an Event of Default under Section 12.3 above. CHLI shall notify the Homeowner and the Pennitted Mortgagee(s) of its deciSIon to exercIse its option to purchase under this Section 12.4(b) Not later than ninety (90) days atter the CHLT gives notice to the Homeowner of the CHLT's intent to excrcise its option undcr this Section 12.4(bL the CHI T or its assignce' shall purchase the Home tl)r the Purchase OptIOn Price 12.5 WHAT HAPPENS IF CH LI DEFAU LTS: CH LT shall 111 no event be in default in the perfornlance of any of its obligations under the Lease unless and until CH LT has failed to perfoml such obligations within sixty (60) days, or such additional time as is reasonably reqUIred to correct any default. after notice by Homeowner to CHLT properly specifying CHLT's failure to perform any such obligation. ARTICLE 13: MEDIATION AND ARBITRATION 13.1 MEDIATION OR ARBIT N CAN BE UTILIZED: construed as preventing the pa p which the par1ies agree to enga thing in this Lease shall be ediation or arbitration in ispute. 13.2 COST OF MEDIATION OR ARBITRATION sHArt BE SHARED. Homeowner and CHL T shall each pay one half (50(l,.o) of any costs incurred in carrying out mediation or arbitration in which the parties have agreed to engage ARTICLE 14: GENERAL PROVISIONS 14.1 HOMEOWNER'S MEMBERSHIP IN CHLT: The Homeowner under this Lease shall automatically be a regular voting member of the CH LT 14.2 NOTICES: Whenever this Lease requires either party to give notice to the other. the notIce shall be given in writing and delivered in person or mailed. by certified or registered mail. return receipt requested. to the paJ1y at the address set t()r\h below. or such other address designated b\ like written notice: If to CHL T: (Habitat t()r Humanity of South Palm Beach Count) CHLT) with a copy to: (CHLT's attorney) If to Homeowner: (name of Homeowner) All notices, demands and requests shall be effective upon being deposited in the Unitcd States Mail or. in the case of personal delivery. upon actual receipt Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease 1141 January 2011 14.3 NO BROKERAGE: Homeowner warrants that it has not dealt with any real estate broker other than in connection with the purchase of the Home. If any claim is made against CHL T regarding dealings with brokers other than Homeowner shall defend CHL T against such claim with counsel of CHL T' s selection and shall reimburse CHL T for any loss, cost or damage which may result from such claim. 14.4 SEVERABILITY AND DURA nON OF LEASE: If any part of this Lease is unenforceable or invalid, such material shall be read out of this Lease and shall not affect the validity of any other part of this Lease or give rise to any cause of action of Homeowner or CHL T against the other, and the remainder of this Lease shall be valid and enforced to the fullest extent permitted by law. It is the intention of the parties that CHL T's option to purchase and all other rights of both parties under this Lease shall continue in effect for the full term of this Lease and any renewal thereof, and shall be considered to be coupled with an interest. In the event any such option or right shall be construed to be subject to any rule of law limiting the duration of such option or right, the time period for the exercising of such option or right shall be construed to expire twenty (20) years after the death of the last survivor of the following persons: NOTE: List an identifiable group o.fsmall children, e.g., the children living a.\' o.fthe date o.f this Lease o.f any o.f the directors or employees of a specified corporation. 14.5 RIGHT OF FIRST REFU option set forth in Article 10 of shall nevertheless have a right bona fide purchase price offer FIRST REFUSAL. Any sale or and void. rovisions of the purchase orne unenforceable, CHL T e at the highest documented t all be as specified in Exhibit ction, when applicable, shall be null 14.6 WAIVER: The waiver by CHL T at any time of any requirement or restriction in this Lease, or the failure of CHL T to take action with respect to any breach of any such requirement or restriction, shall not be deemed to be a waiver of such requirement or restriction with regard to any subsequent breach of such requirement or restriction, or of any other requirement or restriction in the Lease. CHL T may grant waivers in the terms of this Lease, but such waivers must be in writing and signed by CHL T before being effective. The subsequent acceptance of Lease Fee payments by CHL T shall not be deemed to be a waiver of any preceding breach by Homeowner of any requirement or restriction in this Lease, other than the failure of the Homeowner to pay the particular Lease Fee so accepted, regardless ofCHLT's knowledge of such preceding breach at the time of acceptance of such Lease Fee payment. 14.7 CHLT'S RIGHT TO PROSECUTE OR DEFEND: CHLT shall have the right, but shall have no obligation, to prosecute or defend, in its own or the Homeowner's name, any actions or proceedings appropriate to the protection of its own or Homeowner's interest in the Leased Land. Whenever requested by CHL T, Homeowner shall give CHL T all reasonable aid in any such action or proceeding. Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [lS] January 2011 14.8 CONSTRUCTION: Whenever in this Lease a pronoun IS used It shall be construed to represent either the singular or the plural. masculine or feminl11e. as the case shall demand. 14.9 HEADINGS AND TABLE OF CONTENTS: The headings. subheadings and table of contents appearing in this Lease are f(lI' convenience only, and are not a part of this Lease and do not in any way limit or amplify thc terms or conditions of thIs Lease. 14.10 PARTIES BOUND: ThIS Lcase sets forth the entire agreement between CHLT and Homeowner with respect to the leasing ofthe Land: it is binding upon and inures to the benefit of these parties and. in accordance with the proviSIOns of this Lease. their respective successors in interest. This Lease may be altered or amended only by written notice executed by CHL T and Homeowner or their legal representatives or. in aceordance with the provisions ofthis Leasc. their successors in interest. 14.11 GOVERNING LA W: This Lease shall be interpreted in accordance with and governed b\ the laws of the state of Florida. The language in all parts of this Lease shall be. in all cases. construed according to its fair meaning and not strictly for or against CHL T or Homeowner. 14.12 RECORDING: The parties agree. as an alternative to the recording of this Lease. to execute a so-called Notice of Lease or Short Fonn Lease in form recordable and complying with applicable law and reasonably satisfactory to CHLT's attorneys. In no event shall such document state the rent or other charges p y Homeowner under thi~T,~ase: and any such document shall expressly state that it is ex . io~ntained in this Lease. and is not intended to vary the tern1S a IN WITNESS WHEREOF. the parties have year first above written. thist.ease at on the dav and (CHLT) Bv: Its duly authorized agent Witness Witness Homeowner [notarize signatures] Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [16] January 2011 Exhibit LETTERS OF AGREEMENT AND ATTORNEY'S ACKNOWLEDGMENT [Sample] Letter of Agreement To Habitat for Humanity of South Palm Beach County Community Land Trust ("the CHL T") Date: This letter is given to the CHL T to become an exhibit to a Lease between the CHL T and me. I will be leasing a parcel ofland from the CHL T and will be buying the home that sits on that parcel ofland. I will therefore become what is described in the Lease as a "the Homeowner." My legal counsel, , has explained to me the terms and conditions of the Lease and other legal documents that are part of this transaction. I understand the way these terms and conditions will affect my rights as a CHL T homeowner, now and in the future. In particular I understand and agree with the following points. One of the goals of the CHLT is to keep CHL T homes affordable for lower income households from one CHL T homeowner to the next. I support this goal as a CHL T homeowner and as a member of the CHL T. The terms and conditions of my Lease will keep my home affordable for future "income- qualified persons" (as defined i se). If and when I want ell my home, the lease requires that I sell it either to th 0 i fied person. The terms and conditions of the lease also limi home, in order to keep it affordable for such income-qua led persiJs. It is also a goal of the CHLT to promote resident ownership ofCHLT homes. For this reason, my Lease requires that, if I and my family move out of our home permanently, we must sell it. We cannot continue to own it as absentee owners. I understand that I can leave my home to my child or children or other members of my household and that, after my death, they can own the home for as long as they want to live in it and abide by the terms of the Lease, or they can sell it on the terms permitted by the Lease. As a CHL T homeowner and a member of the CHL T, it is my desire to see the terms of the Lease and related documents honored. I consider these terms fair to me and others. Sincerely Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [17] January 2011 ISamplel Letter of Attorney's Acknowledgment I. . have beell II1dependently employed by ~_______.._____.____.._. . . (hereinafter "the Client") \vho intends to purchase a house and other Home (the "Home") on land to be leased li'om Community Land Trust. The house and land are located at In connection with the contemplated purehasc of the Homc and the leasing of the land. I reviewed with the Client the following documenb. a) this Letter of Attorney's Acknowledgment and a Letter of Agreement ti'om the Client: b) a proposed Deed conveying the Home to the Client: c) a proposed Ground Lease conveying the .'Leased Land" to the Client: d) other written materials provided by the CH LT. The Client has received full and complete inf<.mnation and advice regarding this conveyance and the f<.)regoing documents. In my revie\'v/ ofthesc documents my purpose has been to reasonably inform the Client of the present and f<.)!'eseeable risks and legal consequences of the contemplated transaction. The Client is entering the af()fesaid transaction 111 reliance on her own judgment and upon he! investigation of the facts. The infom1ation provided ne was an integral element (1j such investigation. Name Title Firm/ Address Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [18] January 2011 Exhibit LEASED LAND [This exhibit will present the full legal description of the leased land, exactly as it is described in the deed held by the CHL T.] Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [19] January 2011 Exhibit ZONING [This exhibit sets forth applicable zoning restrictions as of the commencement (If the Lease] Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [20J January 2011 Exhibit DEED [Sample] Deed Between Habitat for Humanity of South Palm Beach County Community Land Trust (Grantor), a not-for-profit corporation having its principal offices at 181 SE 5th Avenue, Delray Beach, FL 33483 and JOHN AND MARY DOE (Grantees), residing at Witnesseth That Grantor, in consideration of one dollar and other good and valuable consideration paid by Grantees, does hereby grant and release unto Grantees, their heirs, or successors and assigns forever, THE BUILDINGS AND OTH described in Schedule "A" attac esently erected on the Land It is the intention of the parties t the re p e buildings and other improvements conveyed herein remain vested in rantor and that this warranty deed convey only such buildings and other improvements as are presently erected upon the subject Land. In witness whereof, as authorized agent of Grantor, I hereunto set my hand this _day of , A.D. 20__ Signature [notarize signature] Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [21] January 2011 Exhibit: PERMITTED MORTGAGES The rights and provisions set forth in thIs ExhibIt shall be understood to bc provisIOns ofScctlon X.2 of the Leasc. All terminology used in this Exhibit shall have the meaning assigned to It in Ih,,' Lease. A. OBLIGATIONS OF PERMITTED MORTGAGEE. Any Permitted Mortgagee shall bc bound by each of the t(..)lIowing rcquirements unless the pal1icular requirement IS removed, contradicted or modified by a rider to this Lease Signed by the Homeowner and the CH LT to modify the terms of the Lease during the tel111 of the Permitted M011gage. 1. If Permitted Mortgagee sends a notice of default to the Homeowner because the Homeowner has failed to comply with the tenm of the Pel111itted Mortgage. the Pennitted M011gagee shalL at the same time. send a copy of that notIce to the CHLT Upon receiving a copy nfthe notice ot default and within that period of time 111 which the Homeowner has a right to cure such default (the "cure period"). the CHLT shall have the right to cure the default on the HomeO\vner's behalf: provided that all cUlTent payments due the Permitted Mortgagee since the notice of default was given are made to the Pel111itted M011gagee. 2. If: after the cure period has expired. the Permitted Mortgagee II1tends to accelerate the nott: secured by the Pennitted Mortgage or begin f(weclosure proceedings under the Pem1itted Mortgage, the Permitted Mortgagee shall first notify CHLT of its intention to do so. and CHL'l shall then have the right. upon notifying the Pen11ltted Mortgagee within thirty (30) days of receipt of such notice. to acquire the Pennitted M011gage by paying off the debt secured by thc Pennitted Mortgage. 3. If the Pennitted Mortgagee a deed in lieu of f()reclosure. the acquisition and CHL T shall the ave an tio l' el-Iome from the Pennitted Mortgagee for the full amount owing to the Pennitted Mortgagee under the Pennitted Mortgage To exercise this option to purchase. CHLT must give written notice to the Permitted Mortgagee ofCHLT's intent to purchase the Home within thirty (30) days following CHLT's receipt of the Permitted Mortgagee's notice. CHLT must then complete the purchase of the Home within sixt\ (60) days of having given written notice of its intent to purchase. IfCHL T does not complete thc purchase within this 60-day period. thc Permittcd Mortgagee shall be free to sell thc Home h\ another person. 4. Nothing in the Pennitted Mortgage or related documents shall be construed as giving Pennitted Mortgagee a claim on CHLT's interest in the Leased Land. or as assigning an) !()!'!11 oj liability to the CHL T with regard to the Leased Land. the Home. or the Pennitted Mortgage 5. Nothing in the Pennitted Mortgage or related documents shall be construed as rendering CH L T or any subsequent Mortgagee of CHLT' s interest 1I1 this Lease. or their respective heirs, executors. successors or assigns, personally liable for the payment of the debt secured by the Permitted Mortgage or any part thereof 6, The Pennitted Mortgagee shall not look to CHLT or CHLT's interest in the Leased Land. hUI will look solelv to Homeowner. IIOlneo\vner's interest in the Leased Land. and the Home for the payment of the debt secured thereby or any part thereof (It is the intention of the parties herettl that CHLT's consent to such the Permitted Mortgage shall be without any liability on the part \l! CHL T f()!' any deficiency judgment.} Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [22J January 2011 7. In the event any part of the Security is taken in condemnation or by right of eminent domain, the proceeds of the award shall be paid over to the Permitted Mortgagee in accordance with the provisions of ARTICLE 9 hereof. 8. CHL T shall not be obligated to execute an assignment of the Lease Fee or other rent payable by Homeowner under the terms of this Lease. B. RIGHTS OF PERMITTED MORTGAGEE. The rights of a Permitted Mortgagee as referenced under Section 8.6 of the Lease to which this Exhibit is attached shall be as set forth below. 1. Any Permitted Mortgagee shall, without further consent by CHL T, have the right to (a) cure any default under this Lease, and perform any obligation required under this Lease, such cure or performance being effective as if it had been performed by Homeowner; (b) acquire and convey, assign, transfer and exercise any right, remedy or privilege granted to Homeowner by this Lease or otherwise by law, subject to the provisions, if any, in the Permitted Mortgage, which may limit any exercise of any such right, remedy or privilege; and (c) rely upon and enforce any provisions of the Lease to the extent that such provisions are for the benefit of a Permitted Mortgagee. 2. A Permitted Mortgagee shall not be required, as a condition to the exercise of its rights under the Lease, to assume personal liability for the payment and performance of the obligations of the Homeowner under the Lease. Any such payment or performance or other act by Permitted Mortgagee under the Lease shal construed as an agreem y Permitted Mortgagee to assume such personal liability e t t . agel' actually takes possession of the Home and Le d t Mortgagee does take possession of the Home and Le d Land d fi such property, any such transferee shall be required to en er into a written agreement assuming such personal liability and upon any such assumption the Permitted Mortgagee shall automatically be released from personal liability under the Lease. 3. In the event that title to the estates of both CHL T and Homeowner are acquired at any time by the same person or persons, no merger of these estates shall occur without the prior written declaration of merger by Permitted Mortgagee, so long as Permitted Mortgagee owns any interest in the Security or in a Permitted Mortgage. 4. If the Lease is terminated for any reason, or in the event of the rejection or disaffirmance of the Lease pursuant to bankruptcy law or other law affecting creditors' rights, CHL T shall enter into a new lease for the Leased Land with the Permitted Mortgagee (or with any party designated by the Permitted Mortgagee, subject to CHL Ts approval, which approval shall not be unreasonably withheld), not more than thirty (30) days after the request ofthe Permitted Mortgagee. Such lease shall be for the remainder of the term of the Lease, effective as of the date of such termination, rejection or disaffirmance, and upon all the terms and provisions contained in the Lease. However, the Permitted Mortgagee shall make a written request to CHL T for such new lease within sixty (60) days after the effective date of such termination, rejection or disaffirmance, as the case may be. Such written request shall be accompanied by a copy of such new lease, duly executed and acknowledged by the Permitted Mortgagee or the party designated by the Permitted Mortgagee to be the lessee thereunder. Any new lease made pursuant to this Section shall have the same priority with respect to other interests in the Land as the Lease. The provisions of this Section shall survive the termination, rejection or disaffirmance of the Lease Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [23] January 2011 and shall continue in full effect thereafter to the same extent as If this SectIOn werc II1dependcn' and an independent contract made by CHLT. Homeowner and the Penmtted Mortgagec. 5. The CHLT shall have IlO right to termll1atc the Lease dUring such time as thc Penmtted Mortgagee has commenced foreclosure in accordance with the prOVIsions of the Lease and is diligently pursuing the samc. 6. In the event that CH LT sends a notice of dehwlt under the Lease Il) Homeowner. C H LT shal i also send a notice of Homeowner's default to Permitted Mortgagee. Such noticc shall be given In the manner set fi)rth in Section 14.2 of the Lease to the Permitted Mortgagee at the address which has been giveIl by the Permitted M011gagee to CHL r h\ a written notice to ( HLT sent 111 the manner set tCHth in said Sectipn 14.2 of the Lease 7. In the event of f()reclosure sale by a Permitted M0I1gagee or the delivery of a deed to a Pennitted Mortgagee in I ieu of fc)rec!osure in accordance with the provisions of the Lease. at the election of the Pem1itted M011gagee the provisions of Article 10. Sections] 0.1 through 10.1 J shall be deleted and thereupon shall be of no further fc)rce or effect as to only so much of the Security so foreclosed upon or transfened 8. Before becoming effective. any amendments to this Lease must be approved in writing by Permitted M0I1gagee. which approval shall not be unreasonably withheld. If Pennitted Mortgagee has neither approved nor rejected a proposed amendment within 60 days of its submission to Pem1itted Mortgagee. then the proposed amendment shall be deemed to be approved. C. STANDARD PERMITTED MORTGAGE AGREEMENT. A Standard Pennitted Mortgage Agreement. as Identified in Sec' of this Lease. shall be as f()lIows. and shall be signed by Mortgagee and Horn This Agreement is made by and:i~mong: (Mortgagee) and ("Homeowner" ). Whereas: a) Habitat f()r Humanity of South Palm Beach County Community Land Trust (the "CHL T') and Homeowner have entered. or are entering. into a ground lease ("the Lease"). conveying to Homeowner a leasehold interest in the Land located at _____________..__ (..the Leased Land"): and Homeowner has purchased. or IS purchasing. the Home located on the Leased Land (..the Home") b) The Mortgagee has been asked to provide certain financing to the Homeowner. and is being granted concunently herewith a mortgage and security interest (the "MOltgage") 111 the Leased Land and Home, all as more particularly set forth in the Mortgage. attached hereto as Schedule A. c) The Ground Lease states that the Homeowner may mortgage the Leased Land only WIth the written consent of CH LT. The Ground Lease flll1her provides that CHLT is required to give such consent only if the Mortgagee signs this Standard Permitted Mortgage Agreement and thereby agrees to certain conditions that are stipulated herein ("the Stipulated Conditions") Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease {24] January 2011 Now, therefore, the Homeowner/Mortgagor and the Mortgagee hereby agree that the terms and conditions of the Mortgage shall include the Stipulated Conditions stated below. Stipulated Conditions: 1) If Mortgagee sends a notice of default to the Homeowner because the Homeowner has failed to comply with the terms of the Mortgage, the Mortgagee shall, at the same time, send a copy of that notice to the CHL T. Upon receiving a copy of the notice of default and within that period of time in which the Homeowner has a right to cure such default (the "cure period"), the CHL T shall have the right to cure the default on the Homeowner's behalf, provided that all current payments due the Permitted Mortgagee since the notice of default was given are made to the Mortgagee. 2) If, after such cure period, the Mortgagee intends to accelerate the note secured by the Mortgage or initiate foreclosure proceedings under the Mortgage, in accordance with the provisions of the Lease, the Mortgagee shall first noti fy CHL T of its intention to do so and CHL T shall have the right, but not the obligation, upon notifying the Mortgagee within thirty (30) days of receipt of said notice, to purchase the Mortgagee loans and to take assignment of the Mortgage. 3) If the Mortgagee acquires title to the Home and Homeowner's interest in the Leased Land through foreclosure or acceptance of a deed in lieu of foreclosure, the Mortgagee shall give the CHL T written notice of such acquisition and the CHL T shall have an option to purchase the Home and Homeowner's interest in the Leased Land from the Mortgagee for the full amount owi Mortgagee; provided, h ver, that the CHL T notifies the Mortgagee in writin t t purchase within thirty (30) days following the CHL tice of such acquisition of the Home and Homeowner' nterest er provided that CHL T shall complete such purchase within six y (0 ays 0 aving given written notice of its intent to purchase; and provided that, if the CHL T does not complete the purchase within such period, the Mortgagee shall be free to sell the Home and Homeowner's interest in the Leased Land to another person; 4) Nothing in the Mortgage or related documents shall be construed as giving the Mortgagee a claim on CHL T's interest in the Leased Land, or as assigning any form of liability to the CHL T with regard to the Leased Land, the Home, or the Mortgage. 5) Nothing in the Mortgage shall be construed as rendering CHL T or any subsequent holder of the CHL T's interest in and to the Lease, or their respective heirs, executors, successors or assigns, personally liable for the payment of the debt evidenced by such note and such Mortgage or any part thereof. 6) The Mortgagee shall not look to CHLT or CHLT's interest in the Leased Land, but will look solely to Homeowner and Homeowner's interest in the Leased Land and the Home for the payment of the debt secured by the Mortgage. (It is the intention of the parties hereto that CHL T's consent to the Mortgage shall be without any liability on the part of CHLT for any deficiency judgment.) 7) In the event that any part of the Leased Land is taken in condemnation or by right of eminent domain, the proceeds of the award shall be paid over to the Mortgagee in accordance with the provisions of Article 9 of the Lease. 8) Nothing in the Mortgage shall obligate CHL T to execute an assignment of the Lease Fee or other rent payable by Homeowner under the terms of this Lease. Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [25] January 2011 By: for Mortgagee tc)r Homeowner/Mortgagor Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [26J Date: Date: January 2011 Exhibit FIRST REFUSAL Whenever any party under the Lease shall have a right of first refusal as to certain property, the following procedures shall apply. If the owner of the property offering it for sale ("Offering Party") shall within the term of the Lease receive a bona fide third party offer to purchase the property which such Offering Party is willing to accept, the holder of the right of first refusal (the "Holder") shall have the following rights: a) Offering Party shall give written notice of such offer ("the Notice of Offer") to Holder setting forth (a) the name and address of the prospective purchaser of the property, (b) the purchase price offered by the prospective purchaser and (c) all other terms and conditions of the sale. Holder shall have a period of forty-five (45) days after the receipt of the Notice of OtTer ("the Election Period") within which to exercise the right of first refusal by giving notice of intent to purchase the property ("the Notice of Intent to Purchase") for the same price and on the same terms and conditions set forth in the Notice of Offer. Such Notice of Intent to Purchase shall be given in writing to the Offering Party within the Election Period. b) If Holder exercises the right to purchase the property, such purchase shall be completed within sixty (60) days after the Notice of Intent to Purchase is given by Holder (or if the Notice of Offer shall specify a later date for closing, such date) by performance of the terms and conditions of the Notice of Offer, including payment of the purchase price provided therein. c) Should Holder fail to ex'n the Election Period, then the Offering Party shall hav plicable restrictions in the Lease) to go forward wi the sale hi P y desires to accept, and to sell the property within one (1) year following the expiration of the Election Period on terms and conditions which are not materially more favorable to the purchaser than those set forth in the Notice. If the sale is not consummated within such one-year period, the Offering Party's right so to sell shall end, and all of the foregoing provisions of this section shall be applied again to any future offer, all as aforesaid. If a sale is consummated within such one-year period, the purchaser shall purchase subject to the Holder having a renewed right of first refusal in said property. Habitat for Humanity of South Palm Beach County Community Land Trust Ground Lease [27] January 2011 FINANCIALS HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. FINANCIAL STATEMENTS JUNE 30, 2010 AND 2009 HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. CONTENTS PAGE INDEPENDENT AUDITORS' REPORT ST A TEMENTS OF FINANCIAL POSITION STATEMENT OF ACTIVITIES AND CHANGES IN NET ASSETS STATEMENT OF FUNCTIONAL EXPENSES ,4 STATEMENTS OF CASH FLOWS NOTES TO FINANCIAL STATEMENTS 6-14 G~3 Gerstle, Rosen & Goldenberg, P.A. Certified Public Accountants Mark R. Gerstle, C.P.A. Robert N. Rosen, C.P.A. Brian K. Goldenberg, Partner INDEPENDENT AUDITORS' REPORT To The Board of Directors Habitat for Humanity South Palm Beach County, Inc. Delray Beach, Florida We have audited the accompanying statements of financial position of Habitat for Humanity South Palm Beach County, Inc. (a nonprofit organization) as of June 30, 2010 and 2009, and the related statements of activities, functional expenses, and cash flows for the years then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Habitat for Humanity South Palm Beach County, Inc. as of June 30, 2010, and the results of its operations, the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. ~ i&4" & ~ 'PA. Boca Raton, Florida January 19, 201 I 2630 CENTRE 2630 N .E. 203rd Street Suite 104 Aventura, Florida 33180 Phone: 305-937-0116 Fax; 305-937-0128 Fax: 305-937-0337 THE PORTICOS 3835 NW. Boca Raton Blvd. Suite 100 Boca Raton, Florida 33431 Phone: 561-447-4000 Fax; 56]-447-4004 999 Vanderbilt Beach Road Suite 200 Nap]es. Florida 34108 Phone: 239-262-1773 Fax; 239-263-0166 HABITAT FOR HUMANln SOUTH PALM BEACH COUNTY iNC STATEMENTS OF FINANCIAL POS!TION JUNE 30,2010 AND 2009 ASSETS 2010 2009 ASSETS: Cash and cash equivalents $ 837,119 $ 200,207 Cash - temporarily restricted 62,500 5,000 Cash escrow I principal account - temporarily restricted 94,733 66,246 Accounts receivable . escrow. temporarily restricted 28,06] 42,038 Donated goods receivable- temporarily restricted 32,238 Non.interest bearing residential mortgage loans, net of unamortized discounts of $982,396 and $1,441,]35 in 2010 and 2009, respectively 2,215,568 1,310,492 Grants receivable. temporarily restricted 54,500 Grantsl pledges receivable - unrestricted 107,02 ] 18,629 Receivables - credit cards 2,539 Prepaid interest- Northern Trust mortgages 68,300 Prepaid Lowe's construction cost. credit card- temporarily rest. 25,000 Prepaid expenses 29,817 ]3,088 Land held for home sites 276,874 282,774 Home construction in progress 80,045 179,563 Property and equipment, net ]5,892 20,913 Security deposits 15,105 ]7,587 TOTAL ASSETS $ 3,888,273 $ 2,213,576 LIAB]LITIES AND NET ASSETS LIABILITIES: Accounts payable and accrued liabilities $105,9]5 $ 96,366 Escrow funds payable 122,794 108,284 Due To Northern Trust 1,217,287 Total liabilities 1,445,996 204,650 NET ASSETS: Unrestricted 2,322,539 1,841,142 Temporari]y restricted ] 19,738 167,784 Total net assets 2,442,277 2,008,926 TOTAL LIABILITIES AND NET ASSETS $ 3,888,273 $ 2,213,576 The accompanying notes are an integral part of this financial statement. -2- HABITAT FOR HUMANI1Y SOUTH PALM BEACH COUN1Y, INC STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30,2010 (WITH COMPARATIVE TOTALS FOR 2009) 2010 2009 Temporarily Unrestricted Rcstri cted Total Total REVENUES, GAINS, AND OTHER SUPPORT Transfers to homeowners $ 962,768 $ $ 962,768 $ 549,490 Contributions: Cash 475,848 119,738 595,586 479,562 Building materials and labor 92,287 92,287 74,457 Capital Campaign 140,420 140,420 Mortgage discount amortization 503,364 503,364 94,231 Investment Income 5,847 5,847 6,830 Other program service revenue 24,075 24,075 21,252 Revenue-ReStore, net of expenses 168,441 168,441 118,975 Net assets released from temporary restrictions: Due to satisfaction of program restrictions 167,784 (167,784) Total revenues, gains, and other support 2,540,834 (48,046) 2,492,788 1,344,797 EXPENSES Program service 1,641,774 1,641,774 1,543,699 Supporting services: Management and general 109,150 109,150 90,472 Fund raising 308,513 308,513 88,929 Total supporting services 417,663 417,663 179.401 Total expenses 2,059,437 2,059,437 1,723,100 CHANGE IN NET ASSETS 481,397 (48,046) 433,351 (378,303) NET ASSETS, beginning of year 1,841,142 167,784 2,008,926 2,387,229 NET ASSETS, end of year $ 2,322,539 $ 119,738 S 2,442,277 S 2,008,926 The accompanying notes are an integral part of this financial statement. -3- HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY iNC STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30. 2010 (WITH COMPARATIVE TOTALS FOR 2009) 2010 2009 Supporting Services Program Management Services & General Fundraising Total Total Salaries and benefits $ 226,038 $ 100.497 $ 83,114 $ 409,649 $ 329,919 Cost of homes sold 1 184,381 1.184,381 738,299 Mortgage discounts of zero-interest loans 44,625 44,625 374,668 Capital campaign 188,009 188,009 45,000 Occupancy 33,602 1,977 3,953 39,532 39,839 Meetings, conferences, training 9,864 580 1,160 11,604 18,251 Office supplies and expense 34,034 2,002 4,004 40,040 41,731 Professional fees 22,475 1,322 2,644 26,441 64,269 Family nurturing 7,096 7,096 4,735 Advertising 25,188 1,482 2,963 29,633 6,734 Travel and lodging 14,279 840 1,680 16,799 18,006 Printing and postage 2,936 173 345 3,454 13,228 HFHI contribution 32,563 32,563 24,000 HFH - Collier County contribution 700 Special events 20,089 20,089 Total expenses before depreciation 1,637,081 108,873 307,961 2,053,915 1,719,379 Interest 1,964 116 231 2,311 Depreciation 2,729 161 321 3.211 3.721 _.,--~- Total expenses $ 1,641,774 $ 109,150 $ 308,513 $ 2,059,437 $ 1,723,100 The accompanying notes are an integral part of this financial statement. -4- HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY. INC. STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED JUNE 30,2010 AND 2009 HABITAT FOR HUMANITY SOUTH PALM BEACH COIJNTY NOTES TO FINANCIAL STATEMENTS 'UNE: :'0 20J "'ND 20()\ NOTE 1: NATURE OF OPERATIONS ORGANIZA nON Habitat for Humanity South Palm Beach County, Inc. (the Organization) was formed in May 1992 and is an affiliate of Habitat for Humanity International, Inc., (lfHFHI"). HFHI and its affiliates are tax-exempt, not-far-profit ecumenical ministries whose mission is to provide low-income families with decent, affordable housing. In fulfilling its mission, the Organization builds single family homes in Palm Beach County, Florida, sells them to low-income families (homeowners) and holds non-interest bearing mortgage notes receivable with payments commensurate with each family's ability to pay. The Organization also provides prospective homeowners in its program with counseling and training to prepare them for home ownership and responsibilities. Homeowners are required to escrow homeowner's insurance and property taxes and pledge a minimum of five hundred hours of service to the building of their homes or the homes of other Habitat homeowners. The Organization receives support from the local community by enlisting volunteer labor when practical and soliciting donations of land, building materials, or services and cash necessary in its building efforts. These donations and the funds received from collection of mortgages receivable are used to continue building houses for those in need. The Organization operates a resale store (ReStore) as a supporting service to raise funds. The ReStore sells home improvement and construction related materials and receives substantially all of its merchandise from donations. NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of presentation - The accompanying financial statements have been prepared on the accrual basis of accounting in accordance with generally accepted accounting principles. Financial Statement Presentation - Under FASB ASC 958 (Formerly SFAS No. 117), Financial Statements of Not-for-Profit Organizations, the Organization is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. -6- HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. NOTES TO FINANCIAL STATEMENTS ruNE 30, 2010 AND 2009 NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Cont'd) Cash and Cash Equivalents - The Organization considers all highly liquid investments with an original maturity of three months or less as cash equivalents. Bank deposit accounts, at times, may exceed federally insured limits. The Organization has not experienced any loses in such accounts, and it is management's belief that the Organization is not exposed to any significant credit risk on its cash and cash equivalents due to the high credit standing of the financial institutions where the Organization's funds are deposited. Inventories - Substantially all inventory in ReStore is donated. Donations of inventory to ReStore and the cost of donated merchandise sold are not recorded in the accompanying statement of activities. Contributions - In accordance with FASB ASC 958 (SFAS No. 116), Accounting for Contributions Received and Contributions Made, contributions received are recorded as unrestricted, temporarily restricted, or permanently restricted support depending on the existence and nature of any donor restrictions. Support that is restricted by the donor is reported as an increase in temporarily or permanently restricted net assets, depending on the nature of the restriction. When a restriction expires (that is, when a stipulated time restriction ends or a purpose restriction is accomplished), temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. Income Tax Status - The Organization is exempt from Federal Income taxes under Section 501 (c)(3) of the Internal Revenue Code. Discount of Home Sales Contracts - It is against HFHl's fundamental beliefs to charge interest. The accompanying financial statements have been prepared in accordance with generally accepted accounting principles, and accordingly reflect the discounting of non- interest bearing home mortgages, and the amortization of such discounts, using the interest method over the lives of the underlying receivables. Transfers to Homeowners - Transfers to homeowners are recorded at the gross payments to be received over the lives of the mortgages. Non-interest bearing mortgages have been discounted at various rates ranging from 7.7% to 9% based upon prevailing market rates at the inception of the mortgages. Discounts are amortized using the straight-line method over the lives of the mortgages. During the years ended June 30, 2010 and 2009, there were eight and seven homes sold, respectively. -7- HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY NOTES TO FINANCIAL STATEMENTS rUNE 30, 2010 AND 2009 NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Cont'd) Property and Equipment - Property and equipment additions over $500 are capitalized and are stated at cost for purchased items and fair market for donated items. Depreciation is provided using the straight-line method over five years. Donated Services - A number of unpaid volunteers have made contributions of their time to program and supporting services of the Organization, The value of these contributed services is not reflected in the accompanying financial statements since it is not susceptible to objective measurement or valuation, Donated services are recorded as gifts in kind if the services are performed by a licensed professional and quantifiable. such as services performed by an electrician, plumber or surveyor Expense Allocation - The costs of providing the various programs and other activities have been detailed in the statement of functional expenses and summarized on a functional basis in the statement of activities. Accordingly, certain costs have been allocated among the programs and supporting services benefitted, Estimates - The preparation of fmancial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Temporarily Restricted Net Assets - Temporarily restricted net assets consists of funds restricted for the construction of specific homes and are expected to be used within one year as follows: Receivable escrow Prepaid Lowe's credit card Software LumberlLowe's Project receivable Cash Cash escrow Escrow funds payable 2010 $ 28,061 25,000 32,238 62,500 94,733 022.794 ) Total $ 119.738 -8- HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30,2010 AND 2009 NOTE 3: MORTGAGE NOTES RECEIVABLE FROM HOMEOWNERS Mortgage Notes receivable from homeowners are presented in the accompanying statement of fmancial position net of amortized discounts, Approximate aggregate annual repayment amounts are presented below: Year ended June 30, Amount 2011 2012 2013 2014 2015 Thereafter $ 162,378 159,286 153,136 146,181 136,522 2.375.002 3,132,505 982.396 Less unamortized discount Mortgage notes receivable, net $ 2.150,109 Since all notes receivable are collateralized by a first mortgage lien on homes and the value of homes are greater than the recorded notes receivable, the Organization has made no allowance for doubtful accounts. During the year ended June 30, 2010 there was one foreclosure on a home. The foreclosure amount was for $59,265 and was recorded as land held for home sites. NOTE 4: PLEDGES RECEIVABLE Unconditional pledges receivable are recognized at fair value when the pledge is received, even if the donor restricts the pledge contribution to use in a future period, and even if the pledge will not be paid until a future period. The fair value of a pledge that is expected to be collected in less than one year from the balance sheet date is measured at face value of the pledge net of any estimated uncollectible amount. For pledges anticipated to be collected after one year from the balance sheet date, the pledge is discounted at a rate "commensurate with the risk involved." -9- HABIT AT FOR HUMANITY SOUTH PALM BEACH COUNTY fN( NOTES TO FINANCIAL STATEMENTS rUNE 30.2010 AND 2009 NOTE 4: PLEDGES RECEIVABLE (Cont'd) Unconditional pledges receivable consisted of the following: Amount Receivables in less than one year Receivables in one to four years $ 25,200 . 81.821 Total pledges receivable Less discounts to present value ] 07,021 _..0,300) Net pledges receivable $ 105.721 A discount rate of 0.74% was used to calculate present value as of June 30, 2010. The rate is derived from the short-term Applicable Federal Rate as of the balance sheet in the year of which the pledge is received. Because the discount value is not a material amount and would have to be accreted up to the collection value each year, the discount is not recorded in the accompanying financial statements and is shown for information purposes only. NOTE 5: TEMPORARILY RESTRICTED REVENUE At June 30, 2010 there are two contributions, amounting to $89,500, that are included in the accompanying financial statements as temporarily restricted income. In June 2009, the Community Foundation for Palm Beach and Martin County approved a two year grant in the amoWlt of $109,000 for the Build A Home and Neighborhood project, also known as A Brush with Kindness. The grant period started JWle 15, 2009 and ends June 14,2011. For the year ended June 30, 2009, 50% ($54,500) of the grant was recorded as a grant receivable. These funds were received in July 2009 and were used to hire a project coordinator and fund neighborhood improvements. In June 2010, the remaining $54,500 was paid and recorded as temporarily restricted income since the current grant period is June 15,2010 through June 14,2011. During the year the Lowe's company made a contribution for a house sponsorship in the amount of $35,000 for the purchase of construction materials and supplies to build one specific home. The contribution consisted of a $25,000 prepaid Lowe's account card and $10,000 in cash, of which $8,000 was received during the current year and $2,000 will be paid upon completion of the project and receipt of occupancy certificate. The home construction began subsequent to June 30,2010. -10- HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 AND 2009 NOTE 6: PROPERTY AND EQUIPMENT. NET Property and equipment consisted of the following: 2010 2009 Machinery and equipment Office furniture and equipment Computer equipment and software Vehicles $ 4,500 16,165 20,287 33.691 74,643 58.752 $ 4,500 12,808 18,995 33.691 69,994 49.081 Less accumulated depreciation Property and equipment, net $ 15.891 $ 20,913 Depreciation expense for the years ended June 30, 2010 and 2009 was $9,670 and $12,507, respectively. During the year an 8 piece wall unit, valued at $1,884, was donated to the office and is being depreciated over 7 years. NOTE 7: DUE TO NORTHERN TRUST. N.A. On July 27, 2009, the Organization entered into a Table Funding Agreement with Northern Trust, N.A. The original bulk sale price for the mortgages was for 90% of the unpaid principal balance for 9 properties that were sold in the year ended June 30, 2009, amounting to $705,851 of which $635,239 was received in cash in August 2009 and $70,612 was the discount on the sale and recorded as prepaid interest, which is being amortized over 28 years. During the year, there were six homes that were closed on, that the bank table funded 100% of the mortgages totaling $536.410. There is no discount on these mortgages. The bank owns the notes which are secured by the mortgages. The Organization provides loan servicing on all these mortgages for N ortbem Trust, N.A. (the lender). In consideration of performing the loan service, the Organization will retain as its compensation $10 per month per loan, plus other ancillary income such as late fees, penalties, etc., in connection with delinquent or underperforming loans. In the event of default by any mortgagor, after 90 days, the bank has the option to reassign the mortgage to Habitat and Habitat shall repurchase the mortgage within 10 days of the Bank's notice to Habitat. The agreement shall remain in effect throughout the life of any mortgage unless terminated by both the parties. As of June 30, 2010, Northern Trust funded 15 loans and the amount due to the bank is $1,217,287. -11- HABITA T FOR HUMANITY SOUTH PALM BEACH COUNTY NOTES TO FINANCIAL STATEMENTS rUNE 30.. 20 I 0 AND 2000 NOTE 7: DUE TO NORTHERN TRUST. N.A. (Cont'd) During the year $24,974 was repaid to the bank, of which $1,090 was retained by the Affiliate as loan service fee income and $23,884 was paid in cash to the bank Principal payments due on the loans for each of the years succeeding June 30, 2010 are as follows: Year ended June 30, Amount 201 ] 2012 2013 2014 2015 2016 and thereafter ~, 42,543 42,543 42,543 42,543 42,543 1.004.572 Total $ 1.217.287 NOTE 8: OPERATING LEASES The Organization rents an office and a store. The office is leased under a two-year non- cancelable operating lease expiring in June 2011. The monthly payment is $2,865 and is inclusive of its share of operating expenses, such as taxes and maintenance of the common areas. Rent expense was $34,380 for the year ended June 30, 2010 and will be the same in 2011. There are two renewal options, each consisting of two-year lease extensions at the then current market rate. The Restore has a month-to-month lease. The monthly payment was $10,500 from July 2009 through December 2009, and decreased to $8,500 for the months of January 2010 through June, 2010. Rent expense for the Restore was $114,000 for the year ended June 2010. In December 2010, a two-year lease was signed for the Restore at the lease rate of $8,500 per month with a 90 day termination option by either party. -12- HABITAT FOR IillMANITY SOUTH PALM BEACH COUNTY, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 AND 2009 NOTE 9: eAPIT AL CAMP AlGN EXPENSES On May 11, 2009 the organization entered into a contract for services with Customs Development Solutions to serve as a fund-raising consultant and advisor and direct a capital fund-raising campaign to raise funds needed to increase building capacity for Habitat. The monthly fee was $22,500. The tenn of the contract was from May 11,2009 and ending May 7, 2010, and was cancelable by either party upon 60 days notice. In February 2010, the contract was cancelled because the minimum targeted fund raising goal of $3.0 million was not being obtained. For the year 2010, $168,750 was paid and $45,000 was paid in the year 2009. NOTE 10: RESTORE ReStore revenue and expenses consists of the following: 2010 2009 Revenue $ 504.006 $ 476.816 Expenses: Salaries and contract labor 133,684 132,796 Payroll taxes and employee benefits 20.389 24.337 Total personnel costs 154,073 157,133 Office supplies and expense 12,778 19,951 Telephone 3,682 3,898 Truck expenses 12,084 12,093 Bank and credit card fees 5,791 6,215 Occupancy 140,698 149,765 Depreciation 6.459 8.786 Total expenses 335.565 357.841 Net ReStore, income $ 168.441 $ 118.975 Included in cash contribution income on the accompanying statement of activities and changes in net assets are donations to ReStore for $3,997 and $5,400 for the years ended June 30, 2010 and 2009, respectively. -13- HABITA T FOR HUMANITY SOUTH PALM BEACH COUNTY. fN(. NOTES TO FINANCIAL STATEMENTS TUNE 30. 20JO AND 2009 NOTE 11: AMORTIZATION OF MORTGAGE DISCOUNT INCOME AND EXPENSE It is the Organization's policy to record all the imputed interest on new mortgages at the time the home is sold as mortgage discount expense. Mortgage discount amortization income is recognized ratably over the term of each respective mortgage. For the year ended June 30, 2010, the mortgage amortization income is $503,364, of which $408,383 is due to the pick-up of income from reversing the remaining balance of the mortgage discount expenses on the 9 original homes there were funded by Northern Trust Bank in August 2009. NOTE 12: SUBSEQUENT EVENTS On July 26, 2010, the Organization purchased a five-lot land parcel from the First Presbyterian Church in Boynton Beach for $112,000. The purchase was financed through Paradise Bank, in part by an 18-month non-amortizing loan which matures on January 26, 2012. The loan is interest only. The interest rate is based on the Wall Street Journal Prime plus 1.0%, floating, with an interest rate floor of 5%, based on the monthly outstanding balance. The Organization's intention is to pay periodic principal payments, in addition to the monthly interest payments as excess funds are available. As of December 31, 2010, the outstanding loan balance is $93,750. The subsequent events have been evaluated through January 19, 2011, the date the financial statements were available to be issued. -14- ELEVATIONS ;- ~ Ii " v . ~ -l:~ Ia..s =;~ .a:::a ";0 Ia :: j, :CJh <~ ,. zffi r I I t: I t: 0 I '- 0 oW", '- ~ t'l oW I ~ )\+-. ) ! 0 ~ LI.I- - t: S LI.I I ~ '0.0'- ;- '- Q. Q. III ~ ~ ~t V III oW oW t: ~ ~ LI.I L. oW III r I ~ I 9 ... ... ... 0 II f'l : .!I- to 0 - I ... f'l Qi .. - QJ ro .j.I u III III 0 l- V) III LU ~ $ .Q LU u. N !:.. LU u LU III ex: ~ co ~ is c .., Q ~ 0 Co. ii~~5 .., ~ a~~~ c: LIJ ~ >. U .g 0 z6j (' lFf..- '.,'..,'.......,- ',,"'.:, ..,"., ,., . ~' f1.t'A ..' .. 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Viu.j Zu "'- ::1~ 15 ...J ...J -< I CONTACT INFORMATION CONTACT INFORMATION Mike Campbell Executive Director Habitat for Humanity of South Palm Beach County, Inc. mcampbell@hfhboca.org 181 SE 5th Avenue Delray Beach, FL 33483 561-819-6070 Mike Williams Associate Executive Director Habitat for Humanity of South Palm Beach County, Inc, mwilliams@hfhboca.org 181 SE 5th Avenue Delray Beach, FL 33483 561-819-6070 Keturah Joseph Executive Director Boynton Beach Faith Based Community Development Corporation Kioseph l6(iV,gmail.com 2191 Seacrest Blvd Boynton Beach, FL 33435 561-752-0303 In CD E o :E: ~ ('II - o - c:: CD E Q. o ~ ~ CD:';: o C 10- IV o~ -'tJ Q. C IL. IV D:::~ a'~ IL. GI D:::~ - In ~ CD N CD CD ?0- m c:: ftI CD (,.) o (/) 'E co :r: c: co II) :::J (f) vJ ~ o e co c: co ";:; :> c: o E Ci5 ~ 'tJ ~ ; GI l!! .~ GI ~ ~ GI GI '> :g GI 0 0:: Q. .... II) o 41 GI 0:: E .l!! IV III Z C ClO ,... \0 \0 0 \0 0 \0 0 \0 It) T"" T"" T"" .... T"" ..... !Xl > \0 \0 0 \0 0 N 0 \0 N T"" T"" .... 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(/) ;?: Co "~ ro '- ._ ..c ~ ro ..- ~0.2~ otl:~.=; as Ol '0 :J .0 >, L.. ro C E (i) L.. a. 0) L.. ro a. 0) L.. 0.. , .- .- o N >- lL ... CIl ClN "0..... :::Jo a:lN C Cl 1"':) Co, >..: (I' --11' . ((~J f\ f I ~ I \ . .' I "''>.0,) --.,. .- \.. ".~. '-- _."'.,---..~,..",...,..".----..,-.......-..-_--.,_..~-____,.u~_"_.,.,_, TD rrl ) ~,\ \ ) y{~~ ---"----_.__..._~.~-~-_.,-_.-- Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 and more expense that would potentially have to be reimbursed. Chair Rodriguez advised there was financial data that would be provided to the Board at the Special Meeting on Tuesday, which would decide the fate of the Ruth Jones Cottage. The question at hand was should the work be stopped for two days until the Board makes a decision. Vice Chair Grlove reiterated Mr. Simon's point that costs might still be incurred if the project was stopped. Chair Rodriguez felt the work should be stopped until a decision is made. Vice Chair Orlove indicated he would not agree. There had been long discussions about this project and a value has to be placed on the historic value of the project. He expressed he would not be in favor of moving forward with stopping the project. There was further discussion among Board members about whether the work should be continued until a decision was made by the Board. The consensus among the members was to move forward with the project. Motion Mr. Holzman made a motion to table Item H until the Special Meeting on Tuesday and was seconded by Ms. Ross. The motion passed unanimously. D. Update on Request from Palm Beach County for Repayment of Development Regions Grant Funds for Delray-Boynton Academy in the Amount of $50,000 (Tabted MarCl\ 9, 2011') Attorney Cherof wished to discuss this item and Item E together but advised he did not want to remove from the table. He advised dialogue had been started with the representatives at the County to deal with their letter claim for $50,000 for reimbursement for the Delray-Boynton Academy and $50,000 for the KU Holdings. In the first meeting, good progress was made with respect to the Delray-Boynton Academy and less progress on the KU Holdings. There was nothing to report and Attorney Cherof requested this be stricken from the agenda until a report was ready to be returned to the Board. ~ o Apdate on Request from Palm Beach County for Repayment of Development Regions Grand Funds for KU Holdings in the Amount of $50,000 (TaQ1ed March 9. 2011) Motion Ms. Ross moved to strike Items D and E from the agenda. Mr. Holzman seconded it and it passed unanimously. {.,-:. Aonsideration of Adding Conflict Disclosure by Board Members to CRA Board \ ,,' Agendas 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 Attorney Cheraf advised the agenda cover sheet on this item, dealt with the section of the agenda the Board currently already had; A - Informational Announcements, and C & D are legal requirements, whether they are spelled out that way or not. The suggestion had been by listing them in that manner, the concept of announcing voting conflicts and filing disclosure forms would always be fresh because as the agenda was reviewed, the Board would be prepared to do that. Item B was the subject matter that started the discussion at the last Board meeting, regarding the extent to which the disclosures should be made. This would be other than pure voting conflicts under State Statute. Mr. Holzman inquired if a member had a conflict, there was a legal obligation to step off, so was this simply adding a form to that legal requirement that was already in place? Attorney Cherof explained that Item B was an expanded suggestion about the responsibilities for disclosing contacts with lobbyists or applicants. Mr. Holzman indicated there was already a lobbying Ordinance in the City and that Ordinance could be used to require lobbyists to register with the City. Attorney Cheraf advised the Lobbyist Registration Ordinance would be back to the City Commission to examine in detail with some idea for modification, particularly to match up with what the County regulations are or will be. Mr. Buchannan added he felt this issue had nothing to do with requirements for lobbyist registration; it was simply disclosure by Board members if they had contacts with lobbyists, applicants, or proposers and felt this was something that needed to be implemented. Chair Rodriguez inquired what if there were those who were not registered lobbyists but were proposing for others, how would that be handled and also inquired whether Item B was a requirement of the Board anywhere. Attorney Cherof advised it would not apply to the CRA. There was further discussion on the issue and as to when to disclose items that come before the Board that are on the agenda. Motion Vice Chair Orlove made a motion to move forward as proposed which was seconded by Mr. Karageorge. Chair Rodriguez informed Ms. Brooks that he had asked for definitions of the agenda items so it would be apparent what to disclose. She advised she provided them via email. Chair Rodriguez felt it was important that before this issue was approved, there should be definitions tied to the item so it would be clear as to what was being approved. Ms. Brooks explained the agenda and how definitions were provided. It was decided to adjust Item B on the agenda to say disclosure of contacts with lobbyists, applicants and proposers to the current agenda and asked to move forward with the motion. Chair Rodriguez advised he would not be in favor without definitions. Motion Vice Chair Orlove restated his motion to include Item VI, B and is clarified only for items regarding the current agenda. It was seconded by Mr. Karageorge. The motion was passed 6-1 (Mr. Holzman dissenting). 18 "" Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 (:). ~ Consideration of Employment Agreement for Executive Director Chair Rodriguez inquired if the Board members had an opportunity to read the agreement. Mr. Buchannan inquired under termination it stated "needs a supermajority vote for severance pay". What would the super majority be? Attorney Cherof stated six. Mr. Buchannan also inquired if a termination would also take a super majority. Attorney Cherof stated the way the agreement was drafted, it only would apply to the severance package. Vice Chair Orlove had a question regarding the vacation and sick time and advised he did not understand what she had now and what the staff had and wondered if she should have more or the same. He felt it was not made clear. Attorney Cherof indicated the sick and vacation hours would be the sick and vacation hours accrued at that point, without having to start over with accrued time. Susan Harris advised that currently the Executive Director would get the same amount of time as staff. Staff can accrue up to 320 hours of vacation time and up to 480 hours of sick time as a cumulative total. Any amount over those limits would be lost. Vice Chair Orlove inquired if this was different than the prior Executive Director's agreement. Attorney Cherof advised the starting point was not to make any reference to the former Executive Director's contract, as there was so much criticism of its form and content. Ms. Ross inquired about the travel and subsequent expenses. The agreement made reference to one national convention. Ms. Brooks advised one conference could be chosen. Ms. Ross also questioned what was meant by the "International Council of Shopping Centers Historic Trust", and it was determined that was an error. Mr. Karageorge inquired as to the item under "Duties" 1.3". He requested the wording be changed from "as the Board of Commissioners of the CRA", to delete the word Commissioners. Chair Rodriquez indicated the word "Commissioners" was being used as a general term and that was confirmed by Attorney Cherof. Mr. Karageorge further stated he felt the termination language appeared too "punitive" as far as the super majority reference. Attorney Cherot explained that during the Legislative Session there was a bill pending that would have eliminated severance pay for any public employee but there was a provision that provided an exception to it, if there was a governing body policy and it provided tor a super majority vote and that language was borrowed for the drafting of the agreement. Motion A motion was made by Mr. Holzman to approve the contract in its state and seconded by Ms. Ross. Vice Chair Orlove commented it appeared that Ms. Brooks would be the same as a staff person, except it is in writing. The contract outlined that she would be staff and does not give anything more. Ms. Brooks advised that she had not spoken during any of the discussion nor is she in agreement with all of the terms. Chair Rodriguez commented 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 that what distinguished her from staff is that there is a contract and her salary would distinguish her from the rest. Her reporting structure had her as head of the CRA. Ms. Brooks advised under the terms of her contract, she would prefer to remain as is. The terms of the contract are not beneficial to her in her opinion. She advised it was limited as to vacation, as it could not be accrued. She was limited to how much could be taken at one time. In addition, some percentage of the insurance would be out of pocket. It is not consistent with the HR Policies with other staff among other things. Chair Rodriguez reminded the Board that Ms. Brooks had an attorney working on her behalf. Attorney Cherof commented on Section 5 of the insurance issue, it does not provide for any percentage, it is a blank. Any number could be filled in at a later time if it is determined an employee should pay a proportionate share of a premium. For clarification, Chair Rodriguez restated the motion to be that if the Board approves the contract in its present state, Ms. Brooks would then take it to her attorney and they would come back to the Board and either agree or have points of revisions. Vice Chair Orlove suggested possibly tabling the matter, but it was determined the contract had to be approved first with its terms and conditions. The motion passed 6-1 (Vice Chair Or/ove dissenting). \\.~uth Jones Cottage This item was previously discussed. Motion XIII. New Business: A. Preliminary FY 11/12 Budget Discussion and Staff Recommendations Ms. Brooks indicated the need to begin to figure out, as a Board, what needs to be accomplished. She advised she wanted to have a policy discussion, rather than a project and program discussion, but she added she felt it would be beneficial for the Board to hear staff's ideas on how the redevelopment of the downtown area could be continued. Because of lean times and because the CRA is on a path of redevelopment, the focus needed to be razor sharp and take the finite resources available and use them in the most responsible and effective manner. Ms. Brooks indicated she would recommend changes that may not be popular. The TIF revenue will continue to go down, the projected drop is approximately 3%. The preliminary estimate was $6.5 million in TIF, about 60% of that is from the City, 40% is from the County. No change in millage was estimated yet. Other sources of CRA revenue are fund balances which are unused funds, the marina revenue, which was not from rents but from fuels. Approximately $850,000 comes from fuels and the balance was rental income. Tenants 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 10, 2011 not ceremonial, but he acknowledged Vice Chair Orlove was the Vice Chair at the City Commission which typically is transitioned to Vice Chair of the CRA Board. Ms. Brooks indicated she wanted to add to the agenda under Old Business, Consideration of a Budget Amendment for Ruth Jones Cottage in the amount of $23,000 for impact fees to Palm Beach County. This was added as Item H. Chair Rodriquez advised he wanted to pull Consent Agenda, Item D. B. Adoption of Agenda Motion Mr. Karageorge moved to approve the agenda as amended. Vice Chair Orlove seconded it and the motion passed unanimously. VI. Informational Items by Board Members & eRA Attorney: Mr. Buchanan commented that the dinner for the Children's Schoolhouse Museum went well. Ms. Ross added she was also at the dinner and it was a big success, with a $10,000 donation by Harvey Oyer and his family. Mr. Karageorge advised he wanted to remind everyone that on the 19th of this month is the Taste of Boynton. Tickets are available through the Chamber of Commerce online. He added he attended the CRA concert and had the pleasure of attending the final movie of the season, Secretariat. On June 2nd, there will be a ribbon cutting at the St. John Missionary Baptist Church, Pathways to Prosperity. Chair Rodriguez reminded everyone that on 21 sl of this month, the painting of the exterior of City Hall would take place. He advised he received a call from a painting company that wanted to help. Frankie's would be providing lunch, some local vendors were helping with supplies, and the Solid Waste Authority would be donating paint. All that was needed was volunteers to help. It would save the City $90,000, which is what it costs the City to repaint the building every three years. VII. Announcements & Awards: A. Ocean Avenue Concert Kathy Biscuitti, Special Events Director announced the last concert would be May 20th and the Ocoee River Band would be playing. Food and drink vendors would be on site. B. Presentation of New Boynton Harbor Marina Website 2 ~;, '" ~~Y~1T8~ RA . East Side-West Side-Seaside Renaissance CRA Board Meeting Tuesday, May 10,2011 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. Legal: V. Agenda ApprovaUDisclosures: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda C. Disclosures VI. Informational Items by Board Members & CRA Attorney: VII. Announcements & Awards: A. Ocean Avenue Concert B. Presentation of New Boynton Harbor Marina Website VIII. Consent Agenda: A. Approval of Minutes - CRA Board Meeting March 9, 2011 (Tabled 4/12/11) B. Approval of Minutes - CRA Board Meeting April 12, 2011 C. Approval of Period Ended April 30, 2011 Financial Report D. Monthly Procurement Purchase Orders IX. Pulled Consent Agenda Items: X. Information Only: A. CRA Policing Activity Reports B. Public Comment Log c. eRA Bond Rating Review by Standard & Poor's D. Small Business Development Program Student Survey E. Presentation of Documentary Video on CRA Small Business Classes XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Old Business: A. Review of the Promenade DIFA Audit Report (Tabled March 9,2011) B. Approval of Application Process of Pride in Property Program of Heart of Boynton Neighborhood C. Ocean Avenue Projects and Ocean Breeze West Construction Update D. Update on Request from Palm Beach County for Repayment of Development Regions Grant Funds for Delray-Boynton Academy in the Amount of$50,000 (Tabled March 9,2011) E. Update on Request from Palm Beach County for Repayment of Development Regions Grant Funds for KU Holdings in the Amount of $50,000 (Tabled March 9, 2011) F. Consideration of Adding Conflict Disclosure by Board Members to CRA Board Agendas A&4ol Q) ~~ ~M~o-1;r~to~~~d.~t~;~,c1\Nnt- hnrnc1j ~\..QQJ11'\~ XIII. New Busmess. .~ -p€y-\\~ +- R-e~' $~3f CC(] ~y (j A. Preliminary FY 11/12 Budget Discussion and Staff Recommendations ~i i .\t l.(} _ '.". B. Discussion of Possible Dates for Ribbon Cuttings for Marina Entry Feature and / Amphitheatre IrQ') ,~, S XIV. Executive Director's Report A. Project Status Update XV. Future Agenda Items: A. Consideration of Recommending to City Commission of Reinstating Project Approval of Development Projects within CRA from P & D to CRA Board (Tabled 4/12/11) B. Renegotiate the Tenns/Fees with the Palm Beach County Commission on Ethics C. Consideration of Recommending to City Commission the Naming of Independent CRA Board Members at the Time of Creation of Independent CRA Board (Tabled 4/12/11) 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, HFJsm: WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUClI PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TIlE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEALfS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WIiEI{E 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. 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