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Agenda 08-09-11 CRA Board Meeting Tuesday, August 9, 2011 at 6:00 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: A. RECESS FOR CLOSED DOOR ATTORNEY/CLIENT SESSION Pursuant to Section 286.011(8), Florida Statutes in the Case of Boynton Beach Community Redevelopment Agency adv. Splashdown Divers, Inc. - Case No. 502010CA012453XXXXMB This closed door session was requested by the CRA Attorney at the CRA Board Meeting held on July 12, 2011. Length of time - approx. 30 minutes V. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: None VIII. Consent Agenda: A. Approval of Minutes - CRA Board Meeting July 12,2011 B. Approval of Period Ended July 31, 2011 Financial Report C. Monthly Purchases Orders D. Consideration of Approval of Extension of Commercial Fa<;ade Grant to 710 Boynton Partners, LLC E. Consideration of Approval of Extension of Commercial Fa<;ade Grant to 416 Boynton, LLC IX. Pulled Consent Agenda Items: X. Information Only: A. CRA Policing Activity Reports B. Public Comment Log - None C. Update on Economic Development Business Database D. Budget Meeting - August 23,2011 E. Boynton Beach CRA-Delray Beach Summer Promotion XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Public Hearing: A. Consideration of Approval of Sidewalk Cafe Permit for Hurricane Alley Restaurant - 529 E. Ocean Avenue XIII. Old Business: A. Consideration of Approval of Development Agreement between the CRA and Habitat for Humanity of South Palm Beach Land Trust for Ocean Breeze West Site B. Consideration of Tenant Options for 211 E. Ocean Avenue C. Consideration of Tenant Options for Ruth Jones Cottage D. Consideration of Future Construction for Ruth Jones Restaurant Conversion Project XIV. New Business: A. Consideration of Approval of the Sidewalk Cafe Code Amendments XV. Executive Director's Report A. Project Status Update XVI. 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 ofIndependent CRA Board Members at the Time of Creation of Independent CRA Board (Tabled 4/12/11) XVII. Adjournment NOTICE IF A PERSON DECIDES TO i'u'PEAL i',NY DECISION MADE BY THE CRA BOARD WITH RESPECT TO i',NY MATTER CONSIDERED AT THIS MEETING. HE SHE WILL NEED A RECORD OF THE PROCEEDINGS i',ND. FOR SUCH PIJRPOSE. HE SHE MAY NEED TO ENSIJRE THAT A VERBATIM RECORD OF THE PROCEEDING IS lvLUJE. \VHICH RECORD INCLUDES THE TESTIMONY i',ND EVIDENCE IJPON WHICH THE i'u'PEAL IS TO BE BASED. (F.s.286.0105) THE CRA SHi'\LL FIJRNISH i'u'PROPRIATE AIJXILL'UZY AIDS AND SERVICES \\i1JERE NECESS.'UZY TO ."JiFORD AN INDIVIDUAL WITH A DISi'iliILITY AN EQUAL OPPORT1JNITY TO P.'UZTICIPATE IN .".ND ENJOY THE BENEFITS OF A SERVICE. PROGRi',M. OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOIJR H01JRS PRIOR TO THE MEETING PROGRi'.Jvl OR ACTIVITY IN ORDER FOR THE CRA TO REASONi'iliL Y ACCOMMODATE YOIJR REQIJEST. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, JULY 12,2011 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 Woodrow Hay Steve Holzman (Arrived at 6:36 p.rn.) Mark Karageorge Marlene Ross (Arrived at 6:34 p.rn.) Vivian Brooks, Executive Director James Cherof, Board Attorney ABSENT: James "Buck" Buchanan I. Call to Order - Chairman Jose Rodriguez Chair Rodriguez called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation Mr. Karageorge gave the invocation and led the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the role. A quorum was present. IV. Legal Attorney Cherof requested a closed-door session be conducted for the Splash Down Divers case at the next board meeting on August 9. The meeting will begin at 6:00 p.m. V. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Ms. Brooks pulled Item VIII. Item E off Consent Agenda and requested it be placed under New Business, Item C. Vice Chair Grlove pulled Item C from Consent Agenda. B. Adoption of Agenda Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 12, 2011 Motion Vice Chair Orlove moved to approve the agenda as amended. Mr. Hay seconded the motion that passed unanimously. VI. Informational Items and Disclosures by Board Members A. Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items Mr. Karageorge advised under New Business, Item C (old VIII. Item E) concerning the Bridges of Boynton/St. John Missionary Baptist Church, he disclosed that he served on the board of Pathways to Prosperity which runs the Bridges of Boynton program. He advised he would be stepping off when the item was discussed due to a conflict. Vice Chair Orlove, although not a conflict, wanted to disclose for the record he had a discussion with Kim Kelly regarding signage at Hurricane Alley which was an item on the Consent Agenda. Mr. Hay requested clarification from Attorney Cherof on New Business, Item C (Old Item VIII. E) advising he was a member of the Church but not of that particular Board. Attorney Cherof advised unless a personal gain is derived from the outcome of the item on the agenda, there would be no conflict. Mr. Hay advised therefore, he had no conflict. Mr. Karageorge then asked for a clarification on his disclosure. If he were on one board and on this board, would that not be a conflict? Attorney Cherof advised it would not be a legal conflict under the State Statute as it was not a personal benefit. Mr. Karageorge advised under Attorney Cherof's definition of the State Statute, he then did not have a conflict. B. Informational Announcements Mr. Hay commented that the July 4th celebration was wonderful. He thanked Kathy Biscuiti, Special Events Director, for a superb job in organizing the event. He commented that this was the largest crowd that he witnessed since he had been attending. Vice Chair Orlove and Ms. Ross concurred with Mr. Hay. Mr. Karageorge advised that Country Music Television (CMT) was relocating from Nashville to Boca Raton and would add 40 jobs and were looking for studio space. He commented that the City's High School had a production studio. He sent Ms. Smallridge an email asking that she look into working with Boynton Beach High School for the studio space. They would be leasing 7,000 square feet of space and felt that it would be a good thing for business in the County and would have a ripple down effect for Boynton Beach. Chair Rodriguez advised although a good thing, he did not feel any of that had any jurisdiction within the CRA. Mr. Karageorge felt the ripple effect would include 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 12,2011 people shopping in the City, buying homes in the City, eating at the City's restaurants. The Boca, Delray and Boynton Chambers have worked to help make this possible. There would be a spin off that could present opportunities for the CRA. Ms. Ross inquired how Mr. Karageorge found out about this and he advised that he and Ms. Smallridge communicate once or twice a month and that was how he became aware of this. Ms. Ross advised she was the Education Commissioner for Boynton Beach High School and that was in her district and she was not aware of CMT contacting the high school for space. Mr. Karageorge also advised that on July 18, it would be the 20th anniversary of Habitat for Humanity, working in South Palm Beach County. VII. Announcements & Awards A. Ruth Jones Cottage Relocation Video Margee Walsh, Marketing Director, advised that on the morning of June 21 s" the Ruth Jones Cottage was successfully moved to its new location on Ocean Avenue. She showed a short video on the move. Ms. Walsh also advised another email blast would be sent about the ribbon cutting on August 19th. B. 4th of July - Salute to Independence Slide Show Kathy Biscuiti advised there was close to 3,000 people in attendance. The Amber Leigh Band performed and brought in a lot of fans. The fireworks were spectacular. Ms. Biscuiti presented a short slide show. VIII. Consent Agenda A. Approval of Minutes - CRA Special Board Meeting May 17, 2011 B. Approval of Minutes - CRA Board Meeting June 14, 2011 C. Approval of Period Ended June 30, 2011 Financial Report This item was pulled by Vice Chair Orlove. D. Monthly Purchase Orders E. Approval of $1 ,000 Donation to Bridges at Boynton/St. John Missionary Baptist Church 3rd Annual "Back-to-School Community Health & Resource Fair" 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 12, 2011 This item was pulled by Ms. Brooks and moved to New Business, Item C. F. Approval of Business Signage Grant to Hurricane Alley G. Approval of Interior Build-out Grant to Touch of Colors, Inc. IX. Pulled Consent Agenda Items C. Approval of Period Ended June 30,2011 Financial Report Vice Chair Orlove wanted clarification of the backup. There was a line for Contingency that contained a line item of $75,000 and a line item for Association meetings and seminars for $10,550. He wanted to know if that money was going to be lost if it was not spent or would it rollover to the next budget cycle. Susan Harris, Finance Director, advised that any money not used in the current budget cycle would roll over to next year for redevelopment projects not in the General Fund. The $75,000 contingency money and another $25,000 from buildings and grounds maintenance were included in the budget revenue numbers which were reviewed at last month's meeting. Any additional money over the $100,000 in the General Fund would come back to the Board to be allocated for redevelopment projects, which would most likely occur after the audit in January. Vice Chair Orlove he noticed the bank fees had gone up quite a bit and wondered why that happened. Ms. Harris advised the CRA earns interest income and she had been in discussions with the bank to lower their fees and adjustments had been made to the fees. Motion Vice Chair Orlove moved to approve and was seconded by Mr. Karageorge. The motion passed unanimously. IX. Information Only A. CRA Policing Activity Reports B. Public Comment Log C. Letter to Congressman Ted Deutch - Re: Post Office Vice Mayor Orlove inquired of Ms. Brooks if that was prompted by anything. Ms. Brooks advised she had a request from Michael Weiner who was the landlord of the property. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 12, 2011 However, the reason he had asked for that was because he could not do anything to the property, even as a landlord, without approval from the Post Office and he cannot get a dialogue with the Post Office. Ms. Brooks advised she received a letter from Congressman Deutch advising he put in a request to the Post Office to get some dialogue going. XI. Public Comments Rosella Micelli, 630 North Road, wanted to thank the CRA for the wonderful job they have done cleaning up the area. She advised of a problem on her street. There was an empty building that had a broken fence completely surrounding the building and all the greenery had been ripped out that was around the fence. The location was the corner of Federal Highway and North Road. There was not a green buffer even though there was supposed to be one there between residential and commercial properties. She was asking for assistance from either the CRA or the City to help get it cleaned up. She stated on North Road, the South Florida Water Management owns a piece of property across from her home. She advised she received permission from South Florida Water Management to plant some shrubs to make it look better, but she was told they only own the property behind the fence and that she would have to have a letter before they could plant. She wanted to know who owned the property in front of the fence. Chair Rodriguez stated the City does not own the property on Federal Highway and North Road. He was advised that Code Enforcement was already working on the problem and he will follow up with them. On the other item of the planting of the shrubs, it was determined that it was an easement and Chair Rodriguez would follow up and find out whose easement it was. Frank Micelli, 630 North Road, wanted to add there were 39 homes on his street and everyone was contacted to help to plant the shrubs. Some of the residents were worried about the maintenance after they were planted. Chair Rodriguez restated he would follow up on who owns the easement and send them a letter. Libby Stroud, 132 NE 13th Avenue, wanted to talk about the apartment building on 320 NE13th Avenue. She was aware Code Compliance was working with it as she found it had a case number. She advised the property was an eye sore and she felt it was turning into a "crack house". All the windows were knocked out and she looked inside the building and it appeared people were living there. She had not looked at the Property Appraisers' website to find out who owned it, but she would do that. Chair Rodriguez commended her for being on the right track, but advised her if there was illegal activity going on, he would encourage her to call the police. He advised her to contact the CRA Police and they would monitor the area. Clayton Allen, 6110 N. Ocean Blvd, Ocean Ridge, wanted to ask what the people of Boynton Beach thought about developing the City to be like Delray and Lake Worth. He 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 12, 2011 contended that kind of commercialization did not work. It was his opinion the corporate/village idea would be a total disaster. Mayor Rodriguez informed Mr. Allen that the meeting was the Community Redevelopment Agency Board meeting and not a City board meeting. He advised that the CRA had adopted a Downtown Master Plan and he encouraged Mr. Allen to go online to the CRA website and look through the plan to see how the City would be developed. Irene Angelopoulos, owner of Margy's Restaurant, 324 North Federal Highway, advised the parking situation at the Promenade had not changed even though she asked for help from the owners of the Promenade many times and had been denied. She advised she had offered to pay for directional signs from the parking garage to the restaurant and was denied by the owners because other potential retailers would want the same privileges. She advised the only other tenant was a Chinese take-out that was getting ready to open. Her situation and the take-out were different as far as parking needs. She advised she was a diner and needed people to be able to get in and out easily. She had signatures from customers that she had given to the Mayor and Commissioner Hay and would like assistance and guidance on how to bring her business back to the level it was before she moved to the Promenade. Chair Rodriguez advised he wanted to help her, but it was basically a landlord/tenant issue. Attorney Cherof had looked at the legalities of the City's agreement with the Promenade and there was nothing there that the City can engage in. Ms. Brooks interjected that the agreement between the CRA and the developer was that a portion of that retail would be at below market rent. Ms. Angelopoulos stated she felt the incentives given to the developer should somehow be passed down to a tenant and Ms. Brooks advised the incentives were for reduced rent and that was all and that was done pre-construction. Ms. Angelopoulos stated that the design agreed upon before was changed and the way the building was designed now was not feasible for a restaurant to survive. Ms. Brooks stated that was an issue for the City and the Planning and Development Board, not the CRA. The CRA was responsible for the incentive portion. Chair Rodriguez stated that there was nothing the CRA or the City could do because the agreement was entered into by her and them, even though the design was not the same design she signed and agreed to. Mr. Karageorge suggested she contact the management company and attempt to work the issues out with them as it was a landlord/tenant issue. Mr. Hay commented that he knew when the building was first inspected; they had to have exit signs in the garage in order to get the Certificate of Occupancy (CO). Currently, the exit signs are gone. He indicated the only way out of the garage was the same as the way in. He inquired if it was a need for the CO, how could they legally remove the exit Signs? Chair Rodriguez indicated they passed inspection, so they are compliant no matter how it is now. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 12, 2011 Chair Rodriquez closed public audience. XII. Old Business A. Consideration of Employment Agreement for Executive Director Ms. Brooks presented the amended draft version of the Employment Agreement and outlined the areas that were changed. She advised she pulled contracts from the CRA Directors in Palm Beach County and put on a spreadsheet the terms that they had, including the most recent contract which was for Riviera Beach. She also included the agreement with mark-ups from the meeting in May. Chair Rodriquez inquired if Attorney Cherof reviewed these mark-ups and he advised he had and these are business issues, not legal issues, except for Section 10 which was the termination provision. It talked about severance pay and receiving five months of pay. The new State Statute that deals with that issue states it in terms of 20 weeks. His suggestion would be to convert whatever number the Board thought appropriate for severance to weeks, not to exceed 20. Chair Rodriguez suggested reviewing the line items in order of changes. Section 2.1 - Deleted: Additional one (1) year extensions of term shall require Board approval by Resolution. Added: This Agreement may be terminated by either party. Mr. Holzman inquired of Attorney Cherof if changing the wording would automatically renew the contract every year or require a vote. Attorney Cherof stated that the rollover provision that had concerned the Board was with Ms. Bright's contract. Mr. Holzman was not in favor of having an automatic renewal in any contract and felt there should be something that stated there would be an annual review or Board approval. Ms. Brooks stated there was a provision for that further in the Agreement. She also stated she simply removed the word "resolution" and it could be a vote at a Board meeting and that the Agreement still states her extension would require Board approval. There was consensus from the Board. Section 2.2 - Added: Termination without cause shall require a sixty (60) day notice to Employee. Chair Rodriguez asked for clarification if that meant Ms. Brooks would be paid for two months. Attorney Cherof stated that she would get 60 days plus agreed upon severance pay. There was discussion as to whether or not the 60-day notice would apply if there was a decision not to renew the contract or if notice had to be given, not to renew the contract. Attorney Cherof indicated that if a decision was made not to renew the contract, it would appear on the agenda the month before the end of the contract so all parties would be covered. There would be a motion to extend the contract for another year, or a motion not to extend the contract, in which case it would end on its own term. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 12, 2011 2.3 - Added: "Employee shall give CRA a sixty (60) day notice of resignation." There was discussion on the sixty (60) day suggestion. Attorney Cherof clarified that if notice was given and the Board wished not to have the Employee hold to the 60-day notice and asked the Employee not to return, they would still be paid for 60 days. There was discussion on the length of time to be paid and under which circumstances a resignation taking place should be paid. If the resignation was amicable, the Employee would stay thirty (30) days and be paid for thirty (30) days. However, if the resignation was not amicable, the Employee would be asked to leave and be paid for thirty (30) days. The consensus was to change the clause to read thirty (30) days notice of resignation. 3.1 - Added: "It is recognized that the CRA pay periods are bi-weekly and if the pay periods change, the employee's salary shall not change." There was agreement by all Board members. 3.2 - Added: "unless as stated elsewhere in this Agreement". This refers to Employee not being entitled to compensation other than for time actually employed by the CRA. There was agreement by all Board members. 3.3 - Deleted: "may, at its discretion" Added: "shall". Deleted: "any time during the term of this agreement: Added: "annually at the time of Employee's review and in the event the Employee's review is above satisfactory, Employee's salary shall be increased by five percent (5%). If the CRA fails to perform the Employee's review as stated in Section 3.4, Employee shall nonetheless be entitled to a five percent (5%) increase in salary." Chair Rodriguez stated and reminded everyone what was happening in other areas of the City and could not support guaranteeing a salary increase to an employee due to a satisfactory performance, knowing that raises had not been given in three years to City employees. It was unknown, at this point, when the City would recover and he would not support an automatic increase in salary. Vice Chair Orlove suggested, although he agreed with Chair Rodriguez, to add "Employee's salary shall be considered bv the Board to be increased." There was consensus to change the wording so as not to make an increase automatic. 3.4 - Added: "It is the Board's responsibility to initiate and conduct such formal review and in the event the Board does not initiate and complete such annual formal review within thirty (30) days prior to the end of this Agreement, the Agreement will automatically renew under the exiting terms and conditions and Employee's salary shall be increased by five percent (5%). The Board felt this was answered with 3.3, but to add a clause that the Employee will initiate the review process by adding it to the Agenda and the Board shall conduct the review and vote. 4.2 - Deleted: Ms. Brooks deleted the numbers inserted for hours of annual vacation as they change from pay period to pay period. Whatever the accrued total is at the time the contract was signed would be inserted. Chair ROdriguez was concerned with the dollar amount that would be paid out should there be a separation from employment. He 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 12, 2011 stated he would want a maximum dollar amount instead of all accrued vacation time. He requested the Finance Director and Executive Director come back to the Board with a maximum liability risk on vacation and sick time for this Agency. Attorney Cherof indicated the maximum hours to accrue was 320, which amounted to approximately $17,000. 4.3 - Added: "Notification of Vacation Leave. Employee shall notify the Board fifteen (15) days prior to taking more than five (5) business days off. Employee will also notify the Board of her designee in her absence." Deleted: "The Employee may not take more than ten (10) vacation days during any consecutive period of time without approval of the CRA Board." The Board was in agreement with this change. 4.4 - Deleted: The number of accrued sick days was deleted and will be filled in at the time the agreement is signed. 5.1 - Added: "at no cost to employee" and "policies consistent with those in effect as of the Effective Date of this Agreement and provided by the CRA to its employees. If the policies relating to insurance of the CRA change, the Employees benefits will change accordingly." Deleted: "for Employee consistent with health insurance; and City of Boynton Beach." Mr. Holzman was uncomfortable with this. If the City healthcare changed, it should be an automatic change. He thought the way it was written before, that was the idea of the previous provision. He was concerned about putting a number in there. Attorney Cherof advised whatever was provided to other City employees was provided here. That was the standard when it was drafted and this was the standard for City management level employees. Mr. Holzman suggested tying it to the City senior level staff instead of being specific. If things were to change or another Executive Director came in, the agreement would not have to be changed. The Board was in agreement with this change. 6.1 - Added: "shall be compensated for the use of her personal automobile for CRA business, at the prevailing IRS mileage rate at the time of travel." Deleted: "annual salary includes value for a car allowance." The Board was in agreement with this change. 8.1 - Added: "without prior consent of the Board which will not be unreasonably withheld." This change dealt with outside activities and hours of work and engaging in other employment and professional engagements. The Board was in agreement with this change. Attorney Cherof advised he was troubled by a phrase from a legal point of view which was "which will not be unreasonably withheld", because it was an immeasurable standard. It was his suggestion to delete that phrase and have it read "without prior consent of the Board." 8.2 - Deleted: "quarterly", replacing it with "annually, dealing with how often the Employee shall disclose certain affiliations. Deleted: "the" Board, replacing it with "any" 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 12, 2011 Board member". Chair Rodriguez commented if Ms. Brooks was a member of a Board in October, that would mean it would not be disclosed for almost a year. There was a suggestion of possibly changing the agenda item regarding Disclosures by Board Members, to include the Executive Director. There was agreement by the Board to change this paragraph to read "will disclose at next Board meeting." 9.1 - The names of the professional organizations were incorrect and the correct ones were inserted. Deleted: "reasonable membership costs", replacing with "membership costs" . 9.2 - The name of the professional organizations were incorrect and the correct ones were inserted. Deleted: "reasonable and necessary". 10.1 - Added: "severance in the amount equal to five (5) months pay and all accrued vacation and sick time." The new State Statute now reads up to 20 weeks. It was agreed to change to read "up to 20 weeks" and add a clause if there was a termination with cause, the severance would be zero, as defined by the State Statute. B. Consideration of Youth Empowerment Center Neighborhood Cleanup Program Ms. Brooks advised she had been dealing with Ms. Henderson of the Youth Violence Prevention Program (YVPP). She developed a program called "In the Can". She would be working with her youth group in the Heart of Boynton, using them to clean along Seacrest and in Sara Sims Park. There were no questions from the Board. Motion Vice Chair Orlove moved to approve and was seconded by Mr. Holzman. The motion passed unanimously. C. Status of Board Direction to Potential Tenants of Jones and Magnuson Properties Ms. Brooks advised at the last meeting it was asked that the two tenants produce more information for review. They were then given a list of items required to produce. Neither tenant could provide the information in time for staff to review and provide an analysis. If agreeable to the Board, Ms. Brooks asked that this item be put on the agenda for August so she would have sufficient time to review and provide a good analysis. Mr. Hays asked if the tenants were provided a deadline and Ms. Brooks indicated they were given June 30th and now they were told to provide by July. Chair Rodriguez commented that his understanding was that the tenant planned to open in August and asked what the timeline now was. Ms. Brooks indicated approximately 60 days to complete construction and then the tenant had to do the interior part. The 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 12, 2011 opening was hoped for the beginning of the season. Ms. Brooks indicated she was receiving calls from other people inquiring about the Ruth Jones property, showing interest. If for some reason the current tenants fall through, it would not be necessary to rebid as there would be other prospective tenants in the wings. It was requested that Ms. Brooks have other prospective applicants prepared for review at the August meeting in case the two tenants fall through for whatever reason. XIII. New Business A. Consideration of Board Member Travel to Florida Redevelopment Associations (FRA) Annual Conference Ms. Brooks indicated this was already in the budget for this fiscal year and the Board has to approve Board travel and that was why she put this on the agenda. This was for the Florida Redevelopment Association and she advised no one had to commit to attendance at this time. Motion Mr. Hay moved to approve and Vice Chair Orlove seconded it for discussion. Vice Chair Orlove inquired of Ms. Brooks whether it was important enough for all the Board to attend and she advised that this particular conference was the most informative of any of the other groups. It deals with the Florida State Statute and best practices in our State. Other Board members would be in attendance who are serving in the same capacity. The motion was passed unanimously. B. Consideration of Retaining Tax Valuation Specialist Consultant to Assist with Marina Ms. Brooks advised the initial assessed valuation was received from the Property Appraiser. Last year the valuation of the marina was zero. This year it was $1.2 million. She spoke to the person that valuates the property and she was advised he was valuing the walkways, the sidewalks, roads. He was doing it as a cost analysis and not an income basis. Chair Rodriguez advised there was nothing to lose, only gains. Motion Ms. Ross moved to approve and was seconded by Mr. Holzman. The motion passed unanimously. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL July 12, 2011 C. Approval of $1 ,000 Donation to Bridges at Boynton/St. John Missionary Baptist Church 3rd Annual "Back-to-School Community Health & Resource Fair" Ms. Brooks indicated this was mistakenly put on the agenda under Consent Agenda and should have been put under New Business because as a Board there was a policy direction change that we would not be approving "social" donation items in the future due to budget constraints and moving more in the direction of pure redevelopment. Ms. Brooks would not recommend approval of this. This was a fundraising organization that does a lot of fundraising on its own. Motion Mr. Holzman made a motion to deny consideration of a contribution to Bridges at Boynton and was seconded by Ms. Ross. Mr. Karageorge requested discussion. He advised the number of people that attended last year was over 1,100 residents. It entailed working with the health care community, the schools, and a lot of other different organizations. It revitalizes the community. As disclosed earlier, Mr. Karageorge advised he was a member of the Board. He felt there was some merit to this request. Vice Chair Orlove agreed that there may be merit, however, he was not sure what it did in terms of redevelopment. There are many good projects in the community, but the Board made it clear they wanted to truly focus on redevelopment. As good as it sounded, he would not support the donation. Mr. Hay added he would support as it was part of the CRA area. He felt more residents would attend this year. He also felt $1,000 for over 1,000 youth to benefit was a small price. Ms. Ross wanted clarification from Mr. Karageorge if this program was part of Pathways to Prosperity. Mr. Karageorge advised it was and that they run the Bridges program in Boynton Beach and tied in with several other agencies. The motion passed 4-2. (Messrs. Hay and Karageorge dissenting). Attorney Cherof suggested future motions should be made in the affirmative to alleviate confusion. XIV. Executive Director's Report A. Project Status Update 12 Meeting Minutes Community Redevetopment Agency Board Boynton Beach, FL July 12, 2011 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 of Independent CRA Board Members at the Time of Creation of an Independent CRA Board (Tabled 4/12/11) XVI. Adjournment There being no further business to discuss, Chair Rodriguez property adjourned the meeting at 8:23 p.m. ('{'!l . (' (~U(. O-/U~-UU'r- Ellie Caruso Recording Secretary 13 ~., .. ...r"'-.'. :if . " -, J'''''''''' ""',. " ~~~~y~T2~lC Ii East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: August 9, 2011 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending July 31, 2011. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDA TIONS: Approve July financials. ~~ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\8-9-11 \Financial Report.doc 7-21-2011 04:53 PM 01 -GENERAL FUND FINANCIAL SUMMARY REVENUE SUMMARY T . I. F . INCaa: MARINA RENT " GRANT INC MARKETING INCaa: INVESTMENT INCaa: MISCELLANEOUS TOTAL REVENUES EXPENDITURE SUMMARY LEGISLATIVE ADMINISTRATIVE FINANCE INSURANCES PROFESSIONAL SERVICES PLANNING BUILDINGS " PROPERTY MARINA C~ICATIONS " TECHNOLO CONTINGENCY MARKETING SPECIAL EVENTS EMPLOYEE BEBEFITS DEBT SERVICE TRANSFER OUT TOTAL EXPENDITURES REVENUES OVER/ (UNDER) EXPENDITURES BOYNTON BEACH CRA REVENUE" EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 ORIGINAL BUDGET 5,505,545 926,700 o o o 6,432,245 45,250 197,520 143,455 75,150 254,500 202,905 393,080 926,700 55,260 75,000 133,702 103,802 154,701 2,650,907 1,020,313 6,432,245 AMENDED BUDGET 5,505,545 926,700 o o o 6,432,245 45,250 69,395 147,363 75,150 254,500 214,683 341,165 926,700 55,260 75,000 136,324 106,322 154,701 2,650,907 1,179,525 6,432,245 o MONTHLY ACTIVITY 0.00 68,016.53 0.00 0.00 984.06 69,000.59 3.58 5,028.23 5,674.84 0.00 3,816.55 8,358.47 11,395.39 79,664.31 205.05 0.00 5,726.00 4,868.27 6,999.83 0.00 414,290.25 546,030.77 YEAR-TO-DATE BALANCE 5,671,905.00 1,024,612.97 3,442.50 6,774.18 10,555.77 6,717,290.42 6,745.48 45,804.77 107,570.71 66,247.85 132,326.14 157,925.70 153,858.05 920,328.74 28,490.54 0.00 88,710.01 66,503.81 90,901.12 2,650,908.00 1,179,525.00 5,695,845.92 o 477,030.18) 1,021,444.50 % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,202.25 0.00 0.00 72,726.80 0.00 14,735.11 0.00 5,440.18 0.00 90.00 309.98 0.00 0.00 0.00 94,504.32 94,504.32) ( 166,360.00) 97,912.97) 3,442.50) 6,774.18) 10,555.77) 285,045.42) 38,504.52 22,387.98 39,792.29 8,902.15 49,447.06 56,757.30 172,571.84 6,371.26 21,329.28 75,000.00 47,523.99 39,508.21 63,799.88 1.00) 0.00 641,894.76 926,940.18) 3.02- 10.57- 0.00 0.00 0.00 4.43- 85.09 32.26 27.00 11.85 19.43 26.44 50.58 0.69 38.60 100.00 34.86 37.16 41. 24 0.00 0.00 9.98 0.00 -1- 7-21-20~1 04:53 PH 01 -GENERAL FUND REVENUES T . 1. F . INCCME 01-41000 T.I.F. COLLECTIONS TOTAL T.I.F.INCCME MARINA RENT , GRANT INC 01-42115 MARINA RENTS 01-42116 MISCELLANEOUS RENTS FRO PROPE 01-42117 MARINA FUEL SALES 01-42118 MARINA MISC INCCME TOTAL MARINA RENT , GRANT INC MARKETING INCCME 01-43100 TROLLY MARKETING INCOME TOTAL MARKETING INCCME FESTIVALS & EVENT INCCME INVESTMENT INCCME 01-46100 INTEREST INCCME TOTAL INVESTMENT INCOME CONTRIBUTIONS & DONATION MISCELLANEOUS 01-48100 MISCELLANEOUS INCCME 01-48200 REFUND FRCIo!: PRIOR YEAR EXP TOTAL MISCELLANEOUS OTHER FINANCING SOURCES TOTAL REVENUES ORIGINAL BUDGET 5,505,545 5,505,545 86,400 o 840,000 300 926,700 6,432,245 BOYNTON BaCH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 AMENDED BUDGET 5,505,545.0 5,505,545 86,400.0 0.0 840,000.0 300.0 926,700 o o o o o o o 0.0 0.0 o --~===== ======== 6,432,245 MONTHLY ACTIVITY 0.00 0.00 12,034.00 0.00 55,982.53 0.00 68,016.53 0.0 o 0.00 0.00 0.0 o 0.00 0.00 984.06 0.00 984.06 69,000.59 YEAR-TO-DATE BALANCE 5,671,905.00 5,671,905.00 119,416.00 10.00 904,970.39 216.58 1,024,612.97 3,442.50 3,442.50 6,774.18 6,774.18 6,838.98 3,716.79 10,555.77 6,717,290.42 'Is OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 166,360.00) 166,360.00) 33,016.00) 10.00) 64,970.39) 83.42 97,912.97) 3,442.50) 3,442.50) 6,774.18) 6,774.18) 6,838.98) 3,716.79) 10,555.77) 285,045.42) 3.02- 3.02- 38.21- 0.00 7.73- 27.81 10.57- 0.00 0.00 0.00 0.00 0.00 0.00 0.00 --------== ========= ====----- ===--- 4.43- -2- 7-21-2011 04:53 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 01 -GENERAL FUND LEGISLATIVE DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51010-200 CONTRACTUAL EXPENSE 22,500 22,500 0.00 4,393.18 0.00 18,106.82 80.47 01-51010-203 MISCELLANEOUS 7,000 7,000 3.58 815.43 0.00 6,184.57 88.35 01-51010-216 ADVERTISING & PUBLIC NOTI 2,700 2,700 0.00 1,162.42 0.00 1,537.58 56.95 01-51010-225 ASSOC. MEETINGS & SEMINAR 10,550 10,550 0.00 0.00 0.00 10,550.00 100.00 01-51010-227 DELIVERY SERVICES 1,500 1,500 0.00 70.38 0.00 1,429.62 95.31 TOTAL PURCHASED/CONTRACT SERV 44,250 44,250 3.58 6,441.41 0.00 37,808.59 85.44 SUPPLIES 01-51010-310 OFFICE SUPPLIES 1,000 1,000 0.00 304.07 0.00 695.93 69.59 TOTAL SUPPLIES 1,000 1,000 0.00 304.07 0.00 695.93 69.59 TOTAL LEGISLATIVE 45,250 45,250 3.58 6,745.48 0.00 38,504.52 85.09 -3- 7-21-2v.~ 04:53 PM BOYNTON .,dCH CRA REVENUE , EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 01 -GENERAL FUND ADMINISTRATIVE % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-51230-100 PERSONNEL SERVICES 178,125 50,000 1,980.79 39,219.78 0.00 10,780.22 21. 56 TOTAL PERSONNEL SERVICES 178,125 50,000 1,980.79 39,219.78 0.00 10,780.22 21.56 PURCHASED/CONTRACT SERV 01-51230-225 ASSOC. MEETINGS , SEMINAR 4,000 4,000 3,021.00 3,083.22 1,202.25 285.(7) 7.14- 01-51230-226 MEMBERSHIP DUES 3,275 3,275 0.00 658.00 0.00 2,617.00 79.91 01-51230-227 DELIVERY SERVICES 2,000 2,000 5.20 450.22 0.00 1,549.78 77 .49 01-51230-229 CAREER DEVELOPMENT 1,500 1,500 0.00 0.00 0.00 1,500.00 100.00 TOTAL PURCHASED/CONTRACT SERV 10,775 10,775 3,026.20 4,191.44 1,202.25 5,381.31 49.94 SUPPLIES 01-51230-310 OFFICE SUPPLIES 3,000 3,000 21. 24 830.87 0.00 2,169.13 72.30 01-51230-315 POSTAGE 3,000 3,000 0.00 1,253.53 0.00 1,746.47 58.22 01-51230-340 CELLULAR PHONES 720 720 0.00 116.78 0.00 603.22 83.78 01-51230-355 SUBSCRIPTIONS 400 400 0.00 192.37 0.00 207.63 51.91 01-51230-360 BOOKS , PUBLICATIONS 500 500 0.00 0.00 0.00 500.00 100.00 TOTAL SUPPLIES 7,620 7,620 21. 24 2,393.55 0.00 5,226.45 68.59 CAPITAL EXPENDITURES 01-51230-400 EQUIPMENT COSTS 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00 TOTAL CAPITAL EXPENDITURES 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00 DEPRECIATION , AMORT TOTAL ADMINISTRATIVE 197,520 69,395 5,028.23 45,804.77 1,202.25 22,387.98 32.26 -4- 7-21-2011 04:53 PM 01 -GENERAL FUND FINANCE DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-51325-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-51325-200 CONTRACTUAL EXPENSE 01-51325-201 BANK FEES 01-51325-225 ASSOC. MEETINGS&. SEMINAR 01-51325-226 MEMBERSHIP DUES 01-51325-227 DELIVERY COSTS 01-51325-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51325-310 OFFICE SUPPLIES 01-51325-340 CELLULAR PHONES 01-51325-355 SUBSCRIPTIONS 01-51325-360 BOOKS &. PUBLICATIONS 01-51325-365 OFFICE PRINTING COSTS TOTAL SUPPLIES CAPITAL EXPENDITURES DEPRECIATION &. AMORT TOTAL FINANCE ORIGINAL BUDGET 130,260 130,260 175 2,750 2,250 620 500 3,000 9,295 2,000 o 1,100 500 300 3,900 143,455 BOYNTON BEACH CRA REVENUE&. EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 AMENDED BUDGET 134,168 134,168 175 2,750 2,250 620 500 3,000 9,295 2,000 o 1,100 500 300 3,900 147,363 MONTHLY ACTIVITY 5,768.00 5,768.00 0.00 0.00 0.00 0.00 0.00 100.00) 100.00) 6.84 0.00 0.00 0.00 0.00 6.84 5,674.84 YEAR-TO-DATE BALlINCE 100,421. 44 100,421.44 332.02 3,261. 69 173.29 465.00 207.56 381. 00 4,820.56 1,260.99 276.40 449.00 124.00 218.32 2,328.71 107,570.71 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UNENCUMBERED BALANCE 33,746.56 33,746.56 157.02) 511.69) 2,076.71 155.00 292.44 2,619.00 4,474.44 739.01 276.40) 651.00 376.00 81. 68 1,571.29 39,792.29 % OF BUDGET REMAINING 25.15 25.15 89.73- 18.61- 92.30 25.00 58.49 87.30 48.14 36.95 0.00 59.18 75.20 27.23 40.29 27.00 -5- 7-21-20~1 04:53 PM BOYNTON BEACH CRA REVENUE & Exp~ITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 01 -GENERAL FUND INSURANCES DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51410-200 CONTRACTUAL EXPENSE 23,650 23,650 0.00 16,129.70 0.00 7,520.30 31. 80 01-51410-213 GENERAL PROPERTY COVERAGE 44,000 44,000 0.00 49,119.00 0.00 5,119.00) 11.63- 01-51410-214 EMPLOYEE FIDELITY COVERAG 1,000 1,000 0.00 999.15 0.00 0.85 0.09 01-51410-215 DIRECTORS & OFFICERS COVE 6,500 6,500 0.00 0.00 0.00 6,500.00 100.00 TOTAL PURCHASED/CONTRACT SERV 75,150 75,150 0.00 66,247.85 0.00 8,902.15 11.85 TOTAL INSURANCES 75,150 75,150 0.00 66,247.85 0.00 8,902.15 11.85 -6- 7-21-2011 04:53 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 01 -GENERAL FUND PROFESSIONAL SERVICES % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51420-200 CONTRACTUAL EXPENSE 160,000 160,000 477.00 66,876.63 61,634.00 31,489.37 19.68 01-51420-201 CONTRACT LEGAL 75,000 75,000 3,339.55 58,371.01 3,413.00 13,215.99 17.62 01-51420-204 CITY STAFF COSTS 19,500 19,500 0.00 7,078.50 7,679.80 4,741.70 24.32 TOTAL PURCHASED/CONTRACT SERV 254,500 254,500 3,816.55 132,326.14 72,726.80 49,447.06 19.43 TOTAL PROFESSIONAL SERVICES 254,500 254,500 3,816.55 132,326.14 72,726.80 49,447.06 19.43 -7- 7-21-2011 04:53 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 01 -GENERAL FUND PLANNING % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICES 184,205 195,983 7,537.60 149,244.49 0.00 46,738.51 23.85 TOTAL PERSONNEL SERVICES 184,205 195,983 7,537.60 149,244.49 0.00 46,738.51 23.85 PURCHASED/CONTRACT SERV 01-51440-225 ASSOC. MEETINGS & SEMINAR 9,170 9,170 538.93 4,162.78 0.00 5,007.22 54.60 01-51440-226 MEMBERSHIP DUES 1,810 1,810 124.00 1,560.00 0.00 250.00 13.81 01-51440-227 DELIVERY SERVICES 300 300 0.00 0.00 0.00 300.00 100.00 01-51440-229 CAREER DEVELOPMENT 2,000 2,000 0.00 364.00 0.00 1,636.00 81.80 TOTAL PURCHASED/CONTRACT SERV 13,280 13,280 662.93 6,086.78 0.00 7,193.22 54.17 SUPPLIES 01-51440-310 OFFICE SUPPLIES 2,000 2,000 6.84 751. 82 0.00 1,248.18 62.41 01-51440-340 CELLULAR PHONES 1,620 1,620 0.00 740.41 0.00 879.59 54.30 01-51440-360 BOOKS & PUBLICATIONS 300 300 123.35 287.85 0.00 12.15 4.05 01-51440-365 OFFICE PRINTING COSTS 1,500 1,500 27.75 814.35 0.00 685.65 45.71 TOTAL SUPPLIES 5,420 5,420 157.94 2,594.43 0.00 2,825.57 52.13 CAPITAL EXPENDITURES DEPRECIATION & AMORT TOTAL PLANNING 202,905 214,683 8,358.47 157,925.70 0.00 56,757.30 26.44 -8- 7-21-2011 04:53 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 01 -GENERAL FUND BUILDINGS & PROPERTY % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51620-200 CONTRACTUAL EXPENSE 2,500 2,500 0.00 1,456.73 0.00 1,043.27 41.73 01-51620-201 PROPERTY TAXES & ASSOC. D 100,000 100,000 1,941.50 15,731.46 0.00 84,268.54 84.27 01-51620-205 RENTAL OF OFFICES 86,200 57,285 3,700.00 44,585.00 3,700.00 9,000.00 15.71 01-51620-206 MArNTENENCE & CLEANING 0 0 0.00 430.00) 0.00 430.00 0.00 01-51620-208 EQUIPMENT LEASES 22,000 22,000 392.64 9,861.94 7,535.11 4,602.95 20.92 01-51620-209 PROPERTY MAINTENENCE COST 159,880 136,880 4,466.00 66,839.34 3,500.00 66,540.66 48.61 01-51620-224 SIGNAGE 7,500 7,500 0.00 7,312.31 0.00 187.69 2.50 TOTAL PURCHASED/CONTRACT SERV 378,080 326,165 10,500.14 145,356.78 14,735.11 166,073.11 50.92 SUPPLIES 01-51620-325 ELECTRICITY COSTS 9,000 9,000 470.31 4,009.32 0.00 4,990.68 55.45 01-51620-326 WATER CHARGES 6,000 6,000 424.94 4,491.95 0.00 1,508.05 25.13 TOTAL SUPPLIES 15,000 15,000 895.25 8,501.27 0.00 6,498.73 43.32 CJU>ITAL EXPENDITURES DEPRECrATION & AMORT TOTAL BUILDINGS & PROPERTY 393,080 341,165 11,395.39 153,858.05 14,735.11 172,571.84 50.58 -9- 7-21-20~1 04:53 PM BOYNTON BEACH CRA REVENUE , EXPENDITUR$S REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 01 -GENERAL FUND MARINA % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51630-200 CONTRACTUAL 500 500 0.00 450.00 0.00 50.00 10.00 01-51630-209 PROPERTY ~INTENENCE 31,980 31,980 1,232.24 13,226.22 0.00 18,753.78 58.64 01-51630-241 MARINA FUEL MANAGEMENT 148,000 148,000 12,333.00 123,330.00 0.00 24,670.00 16.67 01-51630-242 MARINE FUEL STATION OVERH 37,200 37,200 4,398.91 36,017.49 0.00 1,182.51 3.18 TOTAL PURCHASED/CONTRACT SERV 217,680 217,680 17,964.15 173,023.71 0.00 44,656.29 20.51 SUPPLIES 01-51630-325 ELECTRIC COSTS 13,200 13,200 1,732.72 10,098.24 0.00 3,101.76 23.50 01-51630-326 WATER COSTS 2,400 2,400 160.51 1,419.41 0.00 .980.59 40.86 01-51630-327 GASOLINE , DEISEL FUEL PU 680,420 680,420 58,266.44 724,366.77 0.00 43,946.77) 6.46- 01-51630-328 MARINA DIESEL SALES TAX 12,000 12,000 1,540.49 11,420.61 0.00 579.39 4.83 TOTAL SUPPLIES 708,020 708,020 61,700.16 747,305.03 0.00 39,285.03) 5.55- CAPITAL EXPENDITURES 01-51630-400 EQUIPMENT COSTS 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00 TOTAL CAPITAL EXPENDITURES 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00 TOTAL MARINA 926,700 926,700 79,664.31 920,328.74 0.00 6,371.26 0.69 -10- 7-21-2011 04:53 PM BOYNTON BEACH CRA REVENUE' EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 01 -GENERAL FUND COMMUNICATIONS , TECHNOLO DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51650-200 CONTRACTUAL EXPENSE 3,760 3,760 0.00 1,595.00 0.00 2,165.00 57.58 01-51650-210 CITY IT SUPPORT 21,000 21,000 0.00 15,447.60 5,268.15 284.25 1.35 01-51650-211 COMPUTER SOFTWARE , LICEN 3,000 3,000 0.00 188.45 0.00 2,811. 55 93.72 01-51650-212 FINANCIAL SOFTWARE MAINTE 6,500 6,500 0.00 6,792.85 0.00 292.85) 4.51- TOTAL PURCHASED/CONTRACT SERV 34,260 34,260 0.00 24,023.90 5,268.15 4,967.95 14.50 SUPPLIES 01-51650-330 TELEPHONE LINES 13,000 13,000 0.00 4,261.59 172.03 8,566.38 65.90 TOTAL SUPPLIES 13,000 13,000 0.00 4,261.59 172.03 8,566.38 65.90 CAPITAL EXPENDITURES 01-51650-400 EQUIPMENT COSTS 8,000 8,000 205.05 205.05 0.00 7,794.95 97.44 TOTAL CAPITAL EXPENDITURES 8,000 8,000 205.05 205.05 0.00 7,794.95 97.44 TOTAL COMMUNICATIONS , TECHNOLO 55,260 55,260 205.05 28,490.54 5,440.18 21,329.28 38.60 -11. 7-21-2v~1 04:53 PM 01 -GENERAL FUND CONTINGENCY OEPARTMENTAL EXPENDITURES PURCHASEO/ CONTRACT SERV 01-51990-200 CONTRACTUAL EXPENSE TOTAL PURCHASED/CONTRACT SERV TOTAL CONTINGENCY BOYNTON .,,,ACH CRA REVENUE , EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 75,000 75,000 0.00 0.00 0.00 75,000.00 100.00 75,000 75,000 0.00 0.00 0.00 75,000.00 100.00 75,000 75,000 0.00 0.00 0.00 75,000.00 100.00 -12- 7-21-2011 04:53 PM BOYNTON BEACH CRA REVENUE , EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 01 -GENERAL FUND MARllETING % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICES 87,392 90,014 3,571.97 64,031.72 0.00 25,982.28 28.86 TOTAL PERSONNEL SERVICES 87,392 90,014 3,571. 97 64,031.72 0.00 25,982.28 28.86 PURCHASED/CONTRACT SERV 01-57400-216 ADVERTISING , PUBLIC NOTI 4,000 4,000 0.00 2,286.10 0.00 1, 713 . 90 42.85 01-57400-218 ANNUAL REPORT , BROCHURES 7,000 7,000 100.00 4,844.39 0.00 2,155.61 30.79 01-57400-225 ASSOC. MEETINGS' SEMINAR 1,500 1,500 121.79 1,097.45 0.00 402.55 26.84 01-57400-226 MEMBERSHIP DUES 900 900 265.00 265.00 0.00 635.00 70.56 01-57400-227 DELIVERY SERVICES 3,000 3,000 0.00 37.86 0.00 2,962.14 98.74 01-57400-229 CAREER DEVELOPMENT 3,000 3,000 0.00 0.00 0.00 3,000.00 100.00 01-57400-236 PHOTOGRAPHY / VIDEOS 15,000 15,000 0.00 10,185.00 0.00 4,815.00 32.10 TOTAL PURCHASED/CONTRACT SERV 34,400 34,400 486.79 18,715.80 0.00 15,684.20 45.59 SUPPLIES 01-57400-310 OFFICE SUPPLIES 5,000 5,000 6.83 663.60 0.00 4,336.40 86.73 01-57400-340 CELLULAR PHONES 1,260 1,260 30.00 774.78 90.00 395.22 31. 37 01-57400-355 SUBSCRIPTIONS 550 550 19.95 734.79 0.00 184.79) 33.60- 01-57400-360 BOOKS , PUBLICATIONS 100 100 0.00 0.00 0.00 100.00 100.00 01-57400-365 OFFICE PRINTING COSTS 5,000 5,000 1,610.46 3,789.32 0.00 1,210.68 24.21 TOTAL SUPPLIES 11,910 11,910 1,667.24 5,962.49 90.00 5,857.51 49.18 DEPRECIATION , AHORT TOTAL MARllETING 133,702 136,324 5,726.00 88,710.01 90.00 47,523.99 34.86 -13- 7-21-2011 04:53 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 01 -GENERAL FUND SPECIAL EVENTS % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES 84,022 86,542 3,438.37 61,386.43 0.00 25,155.57 29.07 TOTAL PERSONNEL SERVICES 84,022 86,542 3,438.37 61,386.43 0.00 25,155.57 29.07 PURCHASED/CONTRACT SERV 01-57500-200 CONTRACTUAL EXP-EVENT SUP 10,000 10,000 250.00 1,350.00 0.00 8,650.00 86.50 01-57500-225 ASSOC. MEETINGS & SEMINAR 2,000 2,000 1,033.07 1,707.23 0.00 292.77 14.64 01-57500-226 MEMBERSHIP DUES 400 400 0.00 300.00 0.00 100.00 25.00 01-57500-229 CAREER DEVELOPMENT 2,000 2,000 0.00 0.00 0.00 2,000.00 100.00 TOTAL PURCHASED/CONTRACT SERV 14,400 14,400 1,283.07 3,357.23 0.00 11,042.77 76.69 SUPPLIES 01-57500-310 OFFICE SUPPLIES 2,000 2,000 6.84 600.25 0.00 1,399.75 69.99 01-57500-340 CELLULAR PHONES 1,680 1,680 139.99 1,159.90 309.98 210.12 12.51 01-57500-355 SUBSCRIPTIONS 250 250 0.00 0.00 0.00 250.00 100.00 01-57500-360 BOOKS & PUBLICATIONS 200 200 0.00 0.00 0.00 200.00 100.00 TOTAL SUPPLIES 4,130 4,130 146.83 1,760.15 309.98 2,059.87 49.88 CAPITAL EXPENDITURES 01-57500-400 EQUIPMENT COSTS 1,250 1,250 0.00 0.00 0.00 1,250.00 100.00 TOTAL CAPITAL EXPENDITURES 1,250 1,250 0.00 0.00 0.00 1,250.00 100.00 DEPRECIATION & AMORT TOTAL SPECIAL EVENTS 103,802 106,322 4,868.27 66,503.81 309.98 39,508.21 37.16 -14- 7-21-2011 04:53 PM BOYNTON BEACH CRA REVENUE , EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 01 -GENERAL FUND EMPLOYEE BEBEFITS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-59000-151 F.I.C.A. 41,168 41,168 1,305.59 26,009.29 0.00 15,158.71 36.82 01-59000-152 MEDICARE 9,628 9,628 318.20 6,076.93 0.00 3,551.07 36.88 01-59000-153 RETIREMENT PLAN 401(a) 0 0 250.00 1,000.00 0.00 1,000.00) 0.00 01-59000-154 WORKERS COMP INSURANCE 3,500 3,500 0.00 2,286.38 0.00 1,213.62 34.67 01-59000-155 HEALTH INSURANCE 62,208 62,208 4,026.04 34,048.78 0.00 28,159.22 45.27 01-59000-156 DENTAL INSURANCE 3,240 3,240 0.00 1,842.02 0.00 1,397.98 43.15 01-59000-157 LIFE INSURANCE 1,054 1,054 0.00 434.01 0.00 619.99 58.82 01-59000-158 SHORT / LONG TERM DISABIL 3,471 3,471 0.00 1,787.76 0.00 1,683.24 48.49 01-59000-159 UNEMPLOYMENT CHARGES 5,000 30,000 1,100.00 17,168.99 0.00 12,831. 01 42.77 01-59000-160 VISION INSURANCE 432 432 0.00 246.96 0.00 185.04 42.83 01-59000-161 COMPENSATED ABSENSES 25,000 0 0.00 0.00 0.00 0.00 0.00 TOTAL PERSONNEL SERVICES 154,701 154,701 6,999.83 90,901.12 0.00 63,799.88 41.24 TOTAL EMPLOYEE BEBEFITS 154,701 154,701 6,999.83 90,901.12 0.00 63,799.88 41.24 -1 '1- 7-21-20~1 04:53 PM BOYNTON BEACH CRA REVENUE' EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 01 -GENERAL FUND DEBT SERVICE DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING DEBT SERVICE OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE 2,650,907 2,650,907 0.00 2,650,908.00 0.00 1.00) 0.00 TOTAL OTHER FINANCING USES 2,650,907 2,650,907 0.00 2,650,908.00 0.00 1.00) 0.00 TOTAL DEBT SERVICE 2,650,907 2,650,907 0.00 2,650,908.00 0.00 ( 1.00) 0.00 -16- 7-21-2011 04:53 PM BOYNTON BEACH CRA REVENUE , EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 01 -GENERAL FUND TRANSFER OUT DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING OTHER FINANCING USES 01-59999-990 INTERFUND TRANSFERS OUT 1,020,313 1,179,525 414,290.25 1,179,525.00 0.00 0.00 0.00 TOTAL OTHER FINANCING USES 1,020,313 1,179,525 414,290.25 1,179,525.00 0.00 0.00 0.00 TOTAL TRANSFER OUT 1,020,313 1,179,525 414,290.25 1,179,525.00 0.00 0.00 0.00 TOTAL EXPENDITURES 6,432,245 6,432,245 546,030.77 5,695,845.92 94,504.32 641,894.76 9.98 =-:==== ===---- ---------- ------- ---------- -------- ====== ---------- ------------ ---------- ----- REVENUES OVER/(UNDER) EXPENDITURES 0 0 477,030.18) 1,021,444.50 94 , 504 .32) ( 926,940.18) 0.00 -17 - 7-21-20~i 04:53 PM 02 -PROJECTS FUND FINANCIAL SUMMARY BOYNTON b...ACH CRA REVENUE' EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 ORIGINAL BUDGET % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE REVENUE SUMMARY FESTIVALS , EVENT INCOME INVESTMENT INCOME MISCELLANEOUS OTHER FINANCING SOURCES TOTAL REVENUES EXPENDITURE SUMMARY OPERATING EXPENSES CAPITAL OUTLAY AFFORDABLE HOUSING ECONOMIC DEVELOPMENT PROJECTS AND PROGRAMS TOTAL EXPENDITURES REVENUES OVER/ (UNDER) EXPENDITURES 0 0 0.00 2,282.45 0.00 2,282.45) 0.00 0 0 0.00 4,128.30 0.00 4,128.30) 0.00 0 0 0.00 1,493.16 0.00 1,493.16) 0.00 3,952,893 4,112,105 414,290.25 1,179,525.00 0.00 2,932,580.00 71. 32 3,952,893 4,112,105 414,290.25 1,187,428.91 0.00 2,924,676.09 71.12 ========= ------- ==-- -=== ============ ====--======== ======== ====== -------- 131,534 131,534 52,313.50 109,710.09 7,455.00 14,368.91 10.92 2,505,900 2,863,968 171,609.63 807,675.12 804,101.93 1,252,190.95 43.72 100,000 0 0.00 0.00 0.00 0.00 0.00 567,459 468,603 2,100.00 74,550.60 86,085.00 307,967.40 65.72 648,000 648,000 953.52 281,739.54 8,452.50 357,807.96 55.22 3,952,893 4,112,105 226,976.65 1,273,675.35 906,094.43 1,932,335.22 46.99 ==----==== ============ ====----- ============-== ====== --- ---- ------- 0 0 187,313.60 86,246.44) ( 906,094.43) 992,340.87 0.00 -111- 7-21-2011 04:53 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 02 -PROJECTS FUND REVENUES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING FESTIVALS & EVENT INC~ 02-44100 FESTIVAL & EVENT INC~ 0 0.0 0.00 2,282.45 0.00 2,282.45) 0.00 TOTAL FESTIVALS & EVENT INCCME 0 0 0.00 2,282.45 0.00 2,282.45) 0.00 INVESTMENT INCCME 02-46100 INTEREST INC~ 0 0.0 0.00 4,128.30 0.00 4,128.30) 0.00 TOTAL INVESTMENT INC~ 0 0 0.00 4,128.30 0.00 4,128.30) 0.00 MISCELLANEOUS 02-48100 MISCELLANEOUS INCCME 0 0.0 0.00 1,493.16 0.00 1,493.16) 0.00 TOTAL MISCELLANEOUS 0 0 0.00 1,493.16 0.00 1,493.16) 0.00 OTHER FINANCING SOURCES 02-49100 OTHER FINANCING SOURCES 2,932,580 2,932,580.0 0.00 0.00 0.00 2,932,580.00 100.00 02-49900 TRANSFERS IN 1,020,313 1,179,525.0 414,290.25 1,179,525.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 3,952,893 4,112,105 414,290.25 1,179,525.00 0.00 2,932,580.00 71.32 TOTAL REVENUES 3,952,893 4,112,105 414,290.25 1,187,428.91 0.00 2,924,676.09 71.12 =--====== =======---= ---------- =========== ----- ------- ------- -19. 7-21-2011 04:53 PM PURCHASED/CONTRACT SERV 02-58100-203 CONTRACTUAL EXPENSE 02-58100-213 LEGAL FEES TOTAL PURCHASED/CONTRACT SERV BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 81,534 91,534 52,060.00 83,514.00 7,455.00 565.00 0.62 50,000 40,000 253.50 26,196.09 0.00 13,803.91 34.51 131,534 131,534 52,313.50 109,710.09 7,455.00 14,368.91 10.92 131,534 131,534 52,313.50 109,710.09 7,455.00 14,368.91 10.92 02 -PROJECTS FUND OPERATING EXPENSES DEPARTMENTAL EXPENDITURES TOTAL OPERATING EXPENSES -20- 7-21-2011 04:53 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 02 -PROJECTS FUND CAPITAL OUTLAY DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING CAPITAL EXPENDITURES 02-58200-404 CONSTRUCTION IN PROGRESS 1,514,240 1,720,628 171,609.63 604,014.36 494,377.49 622,236.15 36.16 02-58200-405 SITE WORK AND DEMOLITION 25,000 25,000 0.00 1,550.00 0.00 23,450.00 93.80 02-58200-406 rNFRASTRUCTURE AND STREET 966,660 1,118,340 0.00 202,110.76 309,724.44 606,504.80 54.23 TOTAL CAPITAL EXPENDITURES 2,505,900 2,863,968 171,609.63 807,675.12 804,101.93 1,252,190.95 43.72 TOTAL CAPITAL OUTLAY 2,505,900 2,863,968 171,609.63 807,675.12 804,101.93 1,252,190.95 43.72 _'I. ~. o o~ 00, ';0 ~ <;. ~ \-:. ~~.~ ~ t _ ~~ t,.\fo -:, 4i<ll ~\\ -e'" \\~ ~~~ ,.. ~. ~~ ~~ ~~ o \ \ \ \ I.!l \ t \\ \ t:l ~ .' 'f.~ '" f~ to> 7-21-2~.~ 04:53 PM 02 -PROJECTS FUND AFFORDABLE HOUSING DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET CAPITAL EXPENDITURES 02-58300-421 HOME BUYERS ASSISTANCE PR TOTAL CAPITAL EXPENDITURES 100,000 100,000 BOYNTON b1!ACH CRA REVENUE' EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE 0.00 0.00 TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING 0.00 0.00 0.00 0.00 0.00 0.00 o o 0.00 0.00 TOTAL AFFORDABLE HOUSING 100,000 0.00 0.00 o 0.00 0.00 0.00 -22- 7-21-2011 04:53 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 02 -PROJECTS FUND ECONOMIC DEVELOPMENT DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING CAPITAL EXPENDITURES 02-58400-440 FACADE GRANTS-COMMERCIAL 90,000 90,000 0.00 19,082.67 45,000.00 25,917.33 28.80 02-58400-442 TRANSPORTATION PROGRAM 151,680 52,824 0.00 52,824.00 0.00 0.00 0.00 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 215,779 215,779 0.00 0.00 0.00 215,779.00 100.00 02-58400-444 ECONOMIC DEVELOPMENT GRAN 110,000 110,000 2,100.00 2,643.93 41,085.00 66,271.07 60.25 TOTAL CAPITAL EXPENDITURES 567,459 468,603 2,100.00 74,550.60 86,085.00 307,967.40 65.72 TOTAL ECONOMIC DEVELOPMENT 567,459 468,603 2,100.00 74,550.60 86,085.00 307,967.40 65.72 -23- 7-21-2u~1 04:53 PM BOYNTON J:>.I!lACH CRA REVENUE' EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 02 -PROJECTS FUND PROJECTS AND PROGRAMS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE ~INING CAPITAL EXPENDITURES 02-58500-460 COMMUNITY POLICING INNOVA 430,000 430,000 0.00 147,151.27 0.00 282,848.73 65.78 02-58500-480 COMMUNITY SPECIAL EVENTS 218,000 218,000 953.52 134,588.27 8,452.50 74,959.23 34.38 TOTAL CAPITAL EXPENDITURES 648,000 648,000 953.52 281,739.54 8,452.50 357,807.96 55.22 TOTAL PROJECTS AND PROGRAMS 648,000 648,000 953.52 281,739.54 8,452.50 357,807.96 55.22 -24- 7-21-2011 04:53 PM 02 -PROJECTS FUND TRANSFER OUT - ASSET TRA DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE' EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2011 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING OTHER FINANCING USES TOTAL EXPENDITURES REVENUES OVER/ (UNDER) EXPENDITURES 3,952,893 4,112,105 o 226,976.65 o 187,313.60 1,273,675.35 86,246.44) ( 906,094.43 906,094.43) 1,932,335.22 46.99 992,340.87 0.00 -25- I ~~~~Y~Te~ C Ii East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: August 9, 2011 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Purchase Orders SUMMARY: See attached report of activity for July 2011 FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDA TIONS: Approve the purchase order report. ~~ Susan Harris, Finance Director TIAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeling\FY 2010 - 2011 Board MeetingsI8-9-11\Purchases Less Than $Z5,000.doc Boynton Beach CRA Purchase Order Report Month: July 2011 Amount Funding Source - ...._--,..._--'-'..1 Vendor Description $ Commercial Fac;ade Grant --- Rainbow Colors Inc. 15,000 Project Fund 02-58400-440 ..------ Rainbow Colors Inc. $ 15,000 Project Fund 02-58400-444 Commercial Interior Build-Out $ New Office Interior Build-Out '-"----'- 710 Boynton Partners LLC 100,865 Project Fund 02-58200-404 ,---- REG Architects $ 16,500 Project Fund 02-58200-404 Ruth Jones Tenant Build-Out Design Demolition of HOB properties in cooperation 23,450 Iproject Fund 02-58200-405 with City's Code Compliance-approved by Tropical Demolition $ CRA Board 12/14/2010 Palm Beach Orthopaedic $ 15,000 Project Fund 02-58400-444 Commercial Interior Build-Out T\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\8-9-11\Monthly Purchase Order Report - July 2011 Boynton Beach CRA Purchase Order Report Month: July 2011 Vendor Amount Funding Source Description Rainbow Colors Inc. $ 15,000 Project Fund 02-58400-440 Commercial Fa~de Grant Rainbow Colors Inc. $ 15,000 Project Fund 02-58400-444 Commercial Interior Build-Out 710 Boynton Partners LLC $ 100,865 Project Fund 02-58200-404 New Office Interior Build-Out REG Architects $ 16,500 Project Fund 02-58200-404 Ruth Jones Tenant Build-Out Design Demolition of HOB properties in cooperation with City's Code Compliance-approved by Tropical Demolition $ 23,450 Project Fund 02-58200-405 CRA Board 12/14/2010 Palm Beach Orthopaedic $ 15,000 Project Fund 02-58400-444 Commercial Interior Build-Out T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\8-9-11\Monthly Purchase Order Report - July 2011 ; ~~ ~qY~T8~ICRA 6 East Side-West S',de- Seas',de Renaissance eRA BOARD MEETING OF: August 9, 2011 [ x I Consent Agenda I Old Business New Business Public Hearing I I Other SUBJECT: Approval of extension of time to complete commercial fa~ade project located at 710 N. Federal Highway. SUMMARY: 710 Boynton Partners, LLC applied for a Commercial Fa~ade Grant for property located at 710 North Federal Highway, Boynton Beach, FL (a copy of the grant application is attached). The CRA Board approved the grant on April 12, 2011 (a copy of the minutes are attached). Under the terms of the grant, the applicant has 120 days, from the award of the grant, to complete the project and submit for reimbursement. August 10,2011 is 120 days from the award of the grant and the applicant has not completed the work. Therefore, applicant is requesting a 45 day extension. Attached is applicant's written request. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMEND TIONS: Approve extension of time. cJwk Theresa Utterback Administrative Services Manager Arthur B. D'Almeida, P.A Attorney at Law 105 East Palmetto Park Road Boca Raton, Florida 33432 Telephone (561) 368-4674 Telefax (561) 362-8512 e-mail: dalmeidalaw@gmail.com Via Email and U.S. Mail August 3, 2011 Ms. Theresa Utterback City of Boynton Beach eRA 915 South Federal Highway Boynton Beach) FL 33435 RE: 2011 COMMERCIAL FACADE IMPROVEMENT GRANT Property: 710 North Federal Highway, Boynton Beach, FL Dear Ms. Utterback: This will confirm our telephone conversation of yesterday wherein we discussed the deadline for completion of the building renovation and faoade improvement project at 710 North Federal Highway pursuant to the terms of the grant. As you know, the grant was approved on April 12, 2011. You advised yesterday that the deadline on the grant is August 10, 2011. This letter is written to request an extension of time to make application for the payment on the grant. As you may know, we have completed 90% of the renovation project. We anticipate completion within the next 30 days, possibly sooner. Accordingly, we would respectfully request a short extension of time to assemble the necessary documents, photographs, etc., upon completion of the project, to submit our request for funding of the grant. In an abundance of caution, we would request an extension of 45 days, however, we will endeavor to submit our documentation to you as soon as possible. Unfortunately I am unable to attend the CRA Board meeting due to the fact that I am currently out of the country and will not return until the third week of August. However, I am available by phone to answer any and all questions the Board may have. I can call in to the meeting, if necessary, or you may reach me by phone at 561/289-2022 or 819/321-2321. If you need any further information to grant this request, please do not hesitate to contact me. I thank you in advance for your courtesies and cooperation in this matter. Arthur B. D'Almeida ABO/smo ~- ~~~,!Y~T8~ eRA ~~.~ :.,~ . East Side-West Side-Sea$ide ReMlIISSance :;x t:X 201012011 ~ COMMERCIAL FACADE IMPROVEMBNT GRANT PROGRAM APPLICATION FO.RM .~ Boynton B&aeh Community Redevel()pmeJ1t Agency Maximum Grant Amount i8$15.00'0 (P/,eas.e Print Or Type Only - Use Additional Sheets If Necessary) ; APPLICANT INFORMATION 7/0 ~k~.;l~ ~e/$r LL-C2 Name of Property Owner: /l,e7'J-iV.e. ../FHt..;/le IP/JI' /Ij~/~ ~~z. Address of Property 7/1) /V, ,;t=e:.LJ~d L_ #7t5~#-Y Owner: //v .t:&C;~L/ p;~~c?/.S LL CL /Jj!.r7h/A? ~ e/~4- ~d'/~ ~?(k"e City/State: ItS- ~ f>/JUJ1~Tm f1~ ~I &A- ;2A-~aip Code: _33'-132- Phone # Day: &/ 3~fj- fL'd>7Y Evening:~1 e:R9'l c:u;;;,~ ~ Legal owners and legal description of the property to be improved (please attach c.opy of warranty deed and lease, if applicable): l<U~ c:z74~ If Different from Property Owner ',' Name of Business: " " Address of Business: ,<' City/State: Zip Code: Phone # Day: Evening~ IniJ2 Type of BUsiness: Years of Operation: ,KE77?-/L /!:r>c:-/C&- Number of Employees: Annual Payroll: Number of Employees residing in Boynton Beach: List of improvements proposed: '5-' 2_.1 . '/1/ AJT .:::z:n; A C! 7 /u,/,V,b, C 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 eRA Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible improvements for this program include: . Painting · Shutters . Awnings/canopies · Decorative exterior fa9ade improvements . Exterior Doors/windows . Landscaping around the building . Irrigation . Parking lot re-paving, re-sealing, re-striping · Exterior Lighting . Patio or decks connected to the building . Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement) · ADA improvements Ini~ 2 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 fagade grant application. 5. Maximum Grant amounts: The eRA will provide, on a reimburseme.nt basis, a 50% matching grant tor eligible fac;ade improvements up to a total of fifteen thousand dollars ($15,000) of eRA funds. Example: Total project costs: $18,000.00 Applicant funds expended: $18,000.00 eRA reimbursement: $ 9,000.00 Grant funds will be reimbursed exclusively for approved work, appTo~ 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 fac;ade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the fayade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. .... -4 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 fulln vendor/contractor invoices. c. CRA has received copies of final inspection approvals for all permit required work. c. Entire scope of work for eligible items is completed. d. Applicant provides "After" photos. Initrm/tfJ 3 APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (eRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256. 2. An original application with all materials. is to be returned to the Boynton Bea.ch Community Redevelopment Agency for review and approval by the ORA 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 receip.t by the CRA. 3. Appropriate grant program documents will be prepared and submitted by the applicant. CRAstaff will then present the completed grant application to the eRA Board for their review and approval. The eRA Board conducts their meetings on the second Tuesday of each month and the applicant will be notified of grant approval by regular mail. 4. The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City building inspe.ctions, the CRA will inspect the work to determine th~ satisfactory completion of the work. S. 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 Favade 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 eRA Board. PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: . Project work wrlte-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", . Sign age design with colors & materials proposed if applicable, . Project color chips I material samples if applicable, . And material specifications. In~ 4 Ap~jroab'e doc.urtfeflts must be attached for the Ap.pJicatfon to be processed. By signing this AppJiQt3tio.n, , acknowle(tge that I h~W" r~i~.d .and read i'!I~W '0f .the PrOf1ram Agreemenl..8J'Jd l1,lndi)rstafld and~r$e'to comply wfth Its '00ntent. iiBtIBIMrt~~'~l~JG1A~u~~t8f'~~ar~J.i~~~.~ 11'I.. n_,~~.~ ,j~ ~~~~~8QJT~~~~ witness :5'/lU r :.?lld.itA . '. .p.ert;y OWner (Date) ,$ZT7t-"V.k?- ../J '/l-th1e I tJ IT ;n/f11~ t() (PrQperty owner's signal/JrfJ must be notarized) (h e.M1x- ~ STATE OF FLORIDA /JItLYf{ "'---":M.-h COUNTY OF r fTC- I BEFORE ME, an officer duly authorized by law to .administer oaths and take acknowledgements, persoliall~ aPP'eared M/uJ /2... ):> 'It-LM ~ / tJ R- ,who is personally known to me br produced - as identification, and acknowledg~d he/$he ex~uted the foregoing Agreement for the use and purposes mentioned in it and that the instrument is hislher act and deed. . REGOING. I have set my hand and official seal in the State -and County NOTARY PUBLIC My Commission Expires: NOTARY PUBIJC-STATE OF FLOPJDA $......".,... Sally M. Ollarvide ~. J Co~mission # DD867~04 ..,,;.......... ExpIres: MAR. 08, 2013 BONDED THRU ATLANTIC BONDING CO., !Xc. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12. 2011 Motion Mr. Orlove made a motion to table minutes for next month. Vice Chair Ross seconded the motion and it passed unanimously. B. Approval of Period Ended March 31,2011 Financial Report C. Monthly Procurement Purchase Orders D. Approval of Commercial Facade Grant to Sanjay Ent. of Palm Beach, Inc. d/b/a The Tiki Motel This item was pulled. E. Approval of Commercial Facade Grant to 710 Boynton Partners, LLC F. Approval of Commercial Facade Grant to 416 Boynton, LLC This item was pulled. G. Approval of Business Signage Grant to Gentle Dental Group of East Boynton Beach, PLLC H. Approval of Rent Subsidy Grant to Gentle Dental Group of East Boynton Beach, PLLC I. Approval of Interior Build-out Grant to Gentle Dental Group of East Boynton Beach, PLLC IX. Pulled Consent Agenda Items: D. Approval of Commercial Facade Grant to Sanjay Ent. of Palm Beach, Inc. d/b/a The Tiki Motel Chair Rodriguez advised this is a motel that is relatively close to his residence. He has concems about the activity that takes place there. Chair Rodriguez asked the Chief of Police to pull service calls from the motel over the last year. There have been 61 calls for service at the motel for crimes such as thefts, disturbances, burglaries, drug offenses, suspicious incidents among others. He wanted to hear from the Board and from the motel owners. He feels the motel is not in bad shape, because they have received grants in the past. He is concerned about the crime rate at the motel and how it would be substantiated giving more taxpayer dollars for using our police services. 4 .. t:~~Y~Te~ICRA 6 East SideN West S.,deN Seas.,de Renaissance eRA BOARD MEETING OF: August 9, 2011 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of extension of time to complete commercial fa<;:ade project located at 416 Boynton Beach Blvd. SUMMARY: 416 Boynton, LLC applied for a Commercial Fa<;:ade Grant for property located at 416 Boynton Beach Blvd., FL (a copy of the grant application is attached). The CRA Board approved the grant on April 12, 2011 (a copy of the minutes are attached). Under the terms of the grant, the applicant has 120 days, from the award of the grant, to complete the project and submit for reimbursement. August 10, 2011 is 120 days from the award of the grant and the applicant has not completed the work. Therefore, applicant is requesting a 180 day extension. Attached is applicant's written request. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan ( "- Theresa Utterbac Administrative Services Manager A TIONS: Approve extension of time. Arthur B. D'Almeida, P.A. Attorney at Law 105 East Palmetto Park Road Boca Raton, Florida 33432 Via Email and U.S. Mail Telephone (561) 368-467'1 Telefax (561) 362-8512 e-mail: dalmeidalaw@gmail.com August 3,2011 Ms. Theresa Utterback City of Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 R.E: 2011 COMMERCIAL FACADE IMPROVEMENT GRANT Property: 416 E. Boynton Beach Blvd, Boynton Beach, FL Dear Ms. Utterback: This will confirm our telephone conversation of yesterday wherein we discussed the deadline for completion of the building renovation and facade improvement project at 416 East Boynton Beach Boulevard pursuant to the terms of the grant. As you know, the grant was approved on April 12, 2011. You advised yesterday that the deadline on the grant is August 10, 2011. This letter is written to request an extension for completion of the improvements for the various reasons I shall discuss below. As you may know, we were able to secure a national restaurant chain as a tenant for this location. The lease negotiation was a lengthy process, due largely in part to the necessity of obtaining approval at the various corporate levels. We experienced additional delays due to the need for an amendment to the lease to address the issue of an outdoor patio for the restaurant. Also, we have experienced delays in going back and forth with various architects regarding the interior and exterior build-out of the project. Those issues have now been resolved and we are_ prepared to move ahead with obtaining the necessary permits and commencement of the building renovation. We anticipate the submission of building plans to the City next week. My architect has already discussed the project with Ed Breese. As an aside, my experience thus far with the construction process at the 710 North Federal project and this location has made me aware of the inevitable delays in coordinating the various construction professionals and trades. It seems, typically, that each phase has taken significantly longer to complete than I was initially led to anticipate by the professionals who advised me. Accordingly, I would respectfully request an extension of 180 days to complete the project and conserve our entitlement to the grant. I am hopeful that the project can be completed in a shorter amount of time, as I will use my best efforts to move it forward on an expedited basis. Unfortunately I am unable to attend the CRA Board meeting due to the fact that I am currently out of the country and will not return until the third week of August. However, I am available by phone to answer any and all questions the Board may have. I can call Ms. Utterback Page 2 August 3, 2011 in to the meeting, if necessary, or you may reach me by phone at 561/289-2022 or 819/321-2321. If you need any further information to grant this request, please do not hesitate to contact me. I thank you in advance for your courtesies and cooperation in this matter. V(2ry _,7~o rs, n /7U. ~ / ;, .' ., ! rJ If!Pt;/ft:___ L..::::-> --- Arthur B. D'Almeida ABD/smo ....---- ~~~cty~T2~ eRA ill East Side-West Side-Seas',de Rena',ssance ~t!", ...-. .... :I;:~IJ }EY ~ 2()10/2011 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM i Boynton Beach Community Redevel()pment Agency Maximum Grant Amount is $15.00-0 (Pleas.e Print Or Type Only - Use Additional Sheets If Necessary) .I APPLICANT INFORMATION Name of Property Owner: -0't, ,p.1J~#7~,(/ LLC! /lI?TJ1U '/-j-L/pe IV4/ /ljft'~/A.l:? ~4~Z. Address of Property .1/!JP ~ B?l v/V/~,,(.;J MIl- &~t/d . Owner: Wb A~f11. ~/-(! , /J#"17h/--e..a E2/. ~ .4//J7t/;!}-d/~ ~ ~"e City/State: /~S ~ f)/kI)1r2T7ZP ~~ 4, ~~A- i2A!Paip Code: 33'-132- . .- Phone # Day: ...:5Z/ .3~€- fL~7Y Evening:~1 0?1? ~22: ~/ ';J Legal owners and legal description of the property to be improved (please attach c.opyof warranty deed and lease, if applicable): . ---- ../J~f ~777M// t:?d If Different from Property Owner ',' Name of Business: " . -..- ,-- Address of Business: City/State: Zip Code: Phone # Day: Evening:.- Initi~ Type of Business: Years of Operation: -fE7/.f/L ~>>~{"r' !zc!S7?!u/J;1// . / / Number of Employees: Annual Payroll: Number of Employees residing in Boynton Beach: List of Improvements proposed: S7-V/J,/JO / ~/M7 WjA/'LJm./s::' ,/ ~J.')//JJ7 .r P/}/v~, ftJO 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 fa9ade improvements · Exterior Doorslwindows · Landscaping around the building · Irrigation · Parking lot re-paving, re-sealing, re-striping · Exterior Lighting · Patio or decks connected to the building · Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement) · ADA improvements Initi~ 2 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 fac;a-de grant application. 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible fac;ade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds. Example: Total project costs: $18,000.00 Applicant funds expended: $18,000.00 CRA reimbursement: $ 9,000.00 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 Fac;ade Grant program may only be used one time In any five year period for anyone property. Properties may re-apply for additional grants any time after five (5) years from previous grant approval. Project phasing of up to two years can be requested. 7. The property owner, or tenant if applicable, must complete the fac;ade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the fac;ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. l - 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 for all permit required work. c. Entire scope of work for eligible items is completed. d. Applicant provides "After" photos. Initi~ 3 APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (eRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256. 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for revie.w and approva! by the CRA Board. Applications will be considered on a first..,come, first served basjs. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to doc.ument receipt by the CRA. 3. Appropriate grant program documents wiIJ be prepared andsobmitted by the applicant. CRAstaff will then present the completed grant appli~tion to the GRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month and the app/'icant 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 Fa<;ade 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, ~ ~u.al . 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 / material samples if applicable. · And material specifications. Initi~ 4 AppHcabte documents must be attached for the Application' to 00 processed. By $ignfn~ this ApplicatiiJn., , acknowle.dge that J h9V~ r~e.iv$dand rea:d '~ CQ.wof the Program Agreement~ and I understand ~nGJ agree ,to aorn:wt.y with Ifsoontent. . ~la~...'iri:'~&~'~~kta~~M':I&f,if~T.lIiWt~!ifIIilD.:~~" ~'.'I.II~~~..i. . 1j.~.:._. -'f.1I." ._~,yr~,,-~ ,'. 2/;Eji{ , (Date) (::)LL.If.I:!. t/ I p~ e (Date) ..tJ '/ftJ'Y7 e I tJ ,If- , f11~~(~R (Property owner's signature mustf)e notarized) U j ? rn~ e; \ w'itness ~/lU- Y STATE OF FLORIDA / If LYI'( U-IJt1 II COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ~ IL )) i/f-t.M ~ I tJ )9- ,who is personally known to me or produced as identification, and acknowtedged he/she ex~cuted the toregoing 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 .roresa~ on this 't?:1~Y/l"~,20J1... NOTARY PUBLIC. I My Commission Expires: NOTARY pUBL!C-STATE OF FLO~IDA """""'" Sally M. OllaI'Vlde {W 1 COlD:mission # DD867404 o;..~..l ExpJres: MAR. 08, 2013 BO;m'W nnw Al1.J\N'l'lC BONtlING co., lNC. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Motion Mr. Orlove made a motion to table minutes for next month. Vice Chair Ross seconded the motion and it passed unanimously. B. Approval of Period Ended March 31, 2011 Financial Report C. Monthly Procurement Purchase Orders D. Approval of Commercial Facade Grant to Sanjay Ent. of Palm Beach, Inc. d/b/a The Tiki Motel This item was pulled. E. Approval of Commercial Facade Grant to 710 Boynton Partners, LLC F. Approval of Commercial Facade Grant to 416 Boynton, LLC This item was pulled. G. Approval of Business Signage Grant to Gentle Dental Group of East Boynton Beach, PLLC H. Approval of Rent Subsidy Grant to Gentle Dental Group of East Boynton Beach, PLLC I. Approval of Interior Build-out Grant to Gentle Dental Group of East Boynton Beach, PLLC IX. Pulled Consent Agenda Items: D. Approval of Commercial Facade Grant to Sanjay Ent. of Palm Beach, Inc. d/bla The Tiki Motel Chair Rodriguez advised this is a motel that is relatively close to his residence. He has concems about the activity that takes place there. Chair Rodriguez asked the Chief of Police to pull service calls from the motel over the last year. There have been 61 calls for service at the motel for crimes such as thefts, disturbances, burglaries, drug offenses, suspicious incidents among others. He wanted to hear from the Board and from the motel owners. He feels the motel is not in bad shape, because they have received grants in the past. He is concemed about the crime rate at the motel and how it would be substantiated giving more taxpayer dollars for using our police services. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Motion Mr. Orlove made a motion to approve the grant to Sanjay Enterprises. Mr. Buchannan seconded it and it passed unanimously. Manisha Patel approached the Board to thank them for the grant and reiterated how they are trying to make improvements to the property. F. Approval of Commercial Facade Grant to 416 Boynton, LLC Mr. Orlove advised he saw what the applicant had put together with regard to the new facade of the building and inquired as to whether they had any tenants looking to occupy that space. Arthur Delmata. 105 E. Palmetto Park Rd. Boca Raton. They are working with a national tenant. There has been a proposal submitted to a national tenant and it is hopeful. He would prefer not to disclose the national tenant at the present time but they have submitted a lease and it is being reviewed by their corporate counsel. It is hoped to have a national tenant occupy that space. Mr. Orlove is looking forward to approving this and have something happen to that spot on Boynton Beach Boulevard. Mr. Delmata advised they will go forth with the improvement whether or not the national tenant goes through with their lease. They would require some interior modifications and as a result it was held up so the building plans would not have to be revised. Mr. Hay inquired as to what the projection date is and Mr. Delmata advised he was told he would be hearing from this national tenant within two weeks. If a lease is signed at that time, building plans will be submitted within four weeks thereafter. Mr. Delmata further advised they have their design as to what they are going to do, but they need additional items in the interior of the building and it gets expensive if you submit plans and then have to resubmit them for revision, architectural fees and associated things. He plans on having the building under construction at the latest the beginning of the summer. Mr. Karageorge inquired if Mr. Oelmata could at least disclose the type of business that may lease and Mr. Delmata advised a restaurant. Motion Mr. Orlove made a motion to approve the facade grant and it was seconded by Mr. Hay. The motion passed unanimously. C. Heritage Celebration Expense Summary Mr. Karageorge advised the reason he pulled this is because he has concems. He has been a supporter of Heritage Celebration for the last five years, both in attendance and support. When he looks at over $14,000 in expenses and only $900 in revenue and looks at next year's budget projection, there is no money next year for this. He respects 7 . t{ ~~Y~T2~ Ie RA ~ East Side~ West Side~Seas'lde Renaissance eRA BOARD MEETING OF: August 9, 2011 l I Consent Agenda! Old Business I I New Business I I Public Hearing I X I Other SUBJECT: CRA Policing Activity Report for the Month of July, 2011 and District Stats for Months of June and July, 2011. (Info.Only) SUMMARY: Attached you will also find the CRA Police Unit three year Statistic and Progress Report. June 2011: Crimes - 59 Arrests - 2 Calls for Service - 1252 Julv 2011: Crimes - 54 Arrests - 8 Calls for Service - 1254 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 Boynton Beach Police Department Year-To-Date Crime Comparison Report 2010 I 2011 CRA District JULY 2011 CRIMES Jul-11 Jul-10 + I - Jun-11 + I - Y-T-D Y-T-D + I - 2011 2010 Criminal Homicide 0 0 0 0 0 1 0 1 Sexual Offense 0 0 0 0 0 0 0 0 Robbery 4 3 1 3 1 22 30 -8 Aggravated Assault 3 7 -4 2 1 27 39 -12 Burglary 16 13 3 19 -3 112 99 13 Larceny 29 27 2 32 -3 245 234 11 Auto theft 2 2 0 3 -1 14 14 0 TOTAL 54 52 2 59 -5 421 416 5 CLEARED IY ARREST Jul-11 I Jul-10 + 1- Jun-11 + 1- Y-T-D Y-T-D I + /- 2011 2010 Criminal. '1.. 0 0 0 0 0 1 0 1 StxLlel -- . 0 0 0 0 0 0 0 0 ~rY 0 0 0 1 -1 6 9 -3 & . A. 1 1 0 0 1 8 13 -5 B~aIerv 2 1 1 0 2 7 11 -4 ~ftY 5 0 5 1 4 34 32 2 lAIR IMft 0 0 0 0 0 1 2 -1 TOTAL 8 2 6 2 6 57 67 -10 CAiolA Jul-11 Jul-10 + 1- Jun-11 + /- Y-T-D 2011 9832 Y-T-D 2010 10064 + /- "0"_ 1254 1428 -174 1252 2 -232 8/3/2011 I I 7(11/11 I I +8111 eRA Police Team MONTHLY ACTIVITY REPORT MONTH: JULY 2010 -controlled drug buys continued throughout the CRA District . locations can not be disclosed due to active investi.gation, but all were proml:1igated by complaints -Joint investigation with CAT -patrolled the South Federal Higpway Corridor in reference to prostitution compla.ints -patr0lled tl1.e MkK corridor reference to complaints of open air drug transacti~As and pulMlc cilriHking ;i -patrolled East Ocean Ave in ref to vagrants :it ~4~~tta patFoll:1ncil~r the Ocean Avenue Bridge Fefto ql:lality of life vielations ~. :}-N~tf;il'ipatIiols @l'lo a'l~ Gt~ par*s i~ the CRA. Dts,tFict r ;, ~"x.1fai~attols on ~ll developments along- Feder;al Hl~hway, Walmart eonstrucf~V"n site, llas iventanas. and ,," ~lli ref to ~"tirglaries. ! I ~i6~~iAg; 0n\ ~l:linerQlis' acti;ve naroot.je ihv~s~i'g~ti0ns ~i~S~iste~R'0ad Ra,,0ywith ealls. (or service ~~" ~.:-e6n1"N>lle.d dftg I9WfS thr(l)"1!/,ld)@1i~ the <EIM Bis~FiGt " ~"J ~"-, ' ".' ~"J~iIit, inv'~stiga'i'ob Wltli '€A\T , [~JiotI.~lhe NmiIl F_'1'Iigl/,,~~ €om'd0~." refore... '" q""~ oHiIl: +~~lS .: r~i1jfi;(!)Ued tlle ML.,~ eon;id@F Feferen"€e t0GOIp~Ja:~ts,0f 0peR' air dFug, fra.t):stlG~~~s.ail~pjn8uJ drinKiRg ~. " Speciatattei1tioR,t0,tfte~ar:e'a@1ft1l@'~~<Oui~k.SI0p , ' ~ ~ 1 : -patrolled East OGean Ave in ref to open alcoh01 beverage and public int0xicati~m compla1Rts . Special attenti0n Mariqa ViUage ~- ~ ~jo--iEX-tFa patrol-under the OGean Avenue Bridge ref to vagrants anlif'loud noise codtp"faints i. -E~tFa patt0ls 00. an City parks in the CRA E>istFict . . Special attention. Intracoast-a1' Pafk "'Extitra patrols on Marina Village, Promenade, Walmart Construction site, Las Vientanas, amI/Mirabella ref to l!mrglaries. -Provided security for the eRA Board meeting -unit working on numerous active narcotic investigations -assisted Road Patrol with calls for service '-- '.Ii.,~...... .! \ J , ~-'l \ i . '- .I < '1257]. r}i~li ':",' .: , ! .v ..~:.. ) Boynton Beach Police Department eRA Police Unit Statistics and Progress Report March 2008 to April 2011 Daily Activities: The CRA Policing Unit conducts extra patrols at all the parks and residential communities located in the CRA District. Our unit routinely distributes Community Concern Cards to residents and businesses throughout the district to stay informed of the citizens' concerns, as well as growing crime trends. Based on the information we receive on the Community Concern Cards we conduct extra patrols or operations in the area in order to address the issues. The BBPD Detective Bureau, Community Action Team, Marine Unit, Traffic Unit, and Road Patrol all continue to count on the CRA Policing Unit's assistance for achieving their goals. All of these units continue to use our unit for the execution of search warrants, burglary suppression, "hide and watch" drug sales, surveillance, juvenile warrant pick ups, etc., throughout the CRA District. The CRA Policing Unit routinely meets with business owners, as well as residents, in order to update existing trespass agreements and create new ones. Trespass agreements are an important crime fighting tool so that all police officers can effectively keep people out of areas where they don't belong. Our unit has assisted with and attended many community activities. They include, but are not limited to, participating in the Great American Clean Up in the 600 block of North Seacrest Boulevard, assisting with the CRA Fireworks event at Intracoastal Park on July 4t\ working with the CRA during the free movie night at the Intracoastal Park, the Movies on the A venue, the holiday parade, the boat parade, all free concerts sponsored by the CRA, providing security for every class during the Small Business Development Program, each CRA Board meeting, the Mayor's Challenge, the Heritage Festival, Shop with a Cop, and the Teen Police Academy. In 2010 alone, the unit logged more than 745 manpower hours on CRA and City sponsored community activities. In 2008, the CRA Unit routinely rode on the weekday evening trolley. This stemmed from complaints that numerous children from Congress Middle School flooded the 4:50 trolley from Wal-Mart. Our officers were riding the trolley since May until the start of summer and began riding it again at the beginning of the school year. Our efforts have provided the citizens a safe, trouble free experience. In the first year of our existence, our unit focused a lot of attention toward the highly visible quality oflife crimes like prostitution and vagrancy. Through our relentless pressure on these offenders, these issues are no longer visible to citizens to the degree it was before the implementation of the CRA Policing Unit. Since the blatant, highly visible, quality oflife crimes have dwindled, we've been able to focus more attention and resources toward other crimes, such as closing down an illegal massage parlor located along the N. Federal Highway, a Gentleman's Club along North Federal Highway, a troubled convenience store on North Seacrest Blvd, as well as the illegal drug trade that takes place in the CRA District, more specifically in the Heart of Boynton. The CRA Policing Unit continues to be highly diversified. We stay on top of existing and growing crime trends. When the unit began, we were able to quickly make a name for ourselves to the rest of the police department, as well as to the repeat offenders who are found throughout the CRA District. In the second year of operation, we've upheld our standards and remain a unit that others in the police department and the community rely on to reduce or eliminate crime trends. In the third year of operation, we've taken what we've learned and focused it towards higher profile cases that we've worked in conjunction with federal agencies to include the Drug Enforcement Administration, the Bureau of Alcohol Tobacco and Firearms, and the U.S. Marshals Service, to uproot the problems at its source. Members of the CRA Unit have also amassed and perfected the operation of numerous forms of surveillance equipment. Tools such as vehicle tracking devices, live audio surveillance monitoring equipment, and hidden cameras are just a few of the devices we use on an almost daily basis. Many of the other officers and units in the department know this and have come to us for assistance in their investigations. A lot of times, they come on short notice; however, we are always more than happy to oblige. Operations: Glory Days - The CRA Unit received numerous complaints from citizens in reference to lewd and lascivious activity in Mangrove Park. In April, 2008, the CRA Unit conducted an undercover operation that lasted four days which resulted in 15 arrests and 8 issued trespass warnings. A follow up with the park for several months after the operation revealed a significant decrease in criminal activity. Prostitution Sting- We've conducted numerous prostitution stings along the S. Federal Highway Corridor as well as the Heart of Boynton. One of our officers would dress in plain clothes and drive an unmarked vehicle and pick up women, and sometimes men, who were soliciting for prostitution. In two cases, these operations took place prior to the reverse prostitution operations. Being vigilant towards prostitution along the Federal Highway Corridor as well as the entire CRA District, is a daily patrol fundamental for the CRA Policing Unit. Reverse Prostitution Operation - In August, 2008, the CRA Unit conducted an undercover operation where we had several female police officers pose as prostitutes in order to arrest people for solicitation. The operation resulted in 17 arrests that night. The operation was conducted again in June of 20 10. The second operation yielded 8 prostitution arrests and 2 arrests for sale of narcotics, for the night. The decline in prostitution arrests were welcomed, we believe our efforts have been noticed and served as a deterrent. We have teamed with the State Attorney's Office P.I.P.E program to educate and HIV test those arrested for prostitution. Undercover Video Drug Buys - The CRA Unit was a key asset to the Community Action Team. Their two year DEA wire tap came to a close with our unit along with the CAT officers conducting numerous undercover video drug buys. Our unit alone filed 68 felony charges as a result of the ongoing operation which all took place in the Heart of Boynton during the summer months. On 09/09/2008, the CRA Unit assisted 450 federal, state, and local authorities with the execution of numerous search and arrest warrants stemming from the above investigation. 62 wanted felons were arrested during that day alone. Drugs continue to be an ongoing issue in the CRA District and we continue to utilize various tactics to combat the ever persistent drug trade. Top Six - Our unit assisted the BBPD SWAT Team, CAT officers, ICE, and PBSO's Gang Unit with the execution of search warrants on known "Top Six" gang member's homes. This was the start of a successful attempt in breaking up the Top Six gang which is responsible for numerous violent crimes throughout the county, city, and CRA District. Burglary Suppression - The CRA Unit has conducted burglary / robbery suppression operations in Sterling Village, Boynton Isles, area gas stations, convenience stores, and churches. In the later half of 20 10, the unit was instrumental on arresting a ring of thieves who were responsible for numerous burglaries along the eastern side ofthe North Federal Highway Corridor. The ring consisted of 5 individuals, who have been charged for 6 separate burglaries, although property recovered suggests they may have been responsible for additional burglaries. Atlantic Lodge - After numerous street contacts and citizen complaints alleged that the owner of the Atlantic Lodge Motel was dealing in stolen property, our unit conducted a two month undercover operation. In March of2009, officers began surveillance at the motel. In April of 2009, our unit provided a confidential informant with property that was passed off to the owner as stolen property. After a search warrant and numerous arrest warrants were served, the owner was taken in to custody. The owner had 13 felony and 6 misdemeanor charges. The motel, as well as the owner's vehicle, was seized for forfeiture. One stolen shotgun was recovered. Doctor Shopping - Realizing that prescription drug sales were a growing crime trend in the CRA District, our unit conducted an undercover operation to help reduce the problem. In July of 2009, we began work with a confidential informant and the U.S. Drug Enforcement Administration. The results of our efforts resulted in 14 felony arrests and the recovery of $6,110 in schedule II prescription pills. Pawn Shops - Officers from the BBPD Road Patrol conducted an undercover operation at all pawn shops in the city, three of which were located in the CRA District. All property and undercover surveillance equipment used in the pawn shop operation came from the CRA Policing Unit's contacts and confidential informants. Officers from the CRA Policing Unit provided all assistance necessary for the execution of the operation. Confidential Informants - Since July of2009, the CRA Policing Unit has focused more attention toward the illegal drug trade which takes place in the CRA District. In the eight months since the shift of focus, the CRA Policing Unit has performed the following with the use of confidential informants; 67 controlled drug buys; executed 10 search warrants at nuisance locations within the district; made 48 felony arrests and 9 misdemeanor arrests; recovered 123.1 grams of crack- cocaine with a street value of approximately $36,930.00; recovered 575.5 prescription pills with a street value of approximately $7,455.50; recovered 11.4 grams of heroin with an approximate street value of $1 ,500; and recovered 200.3 grams of marijuana with an approximate street value of $2,000. All of the above numbers were strictly from mini operations that required the use of a confidential informant. These numbers did not include the figures from the doctor shopping operation or any of the day-to-day patrolling. Realizing the importance of working with confidential informants, the CRA Unit continues to employ them on an almost weekly basis. Since March of 20 10, the unit has made 65 more controlled drug buys with the use of a CI, all of which has ultimately resulted in arrests and search warrants. Gentleman's Club - The CRA Policing Unit's officers assisted the C.A.T. Unit, the State Attorney's Office, A TB, DEA, BBPD SWAT, and BBPD Road Patrol with the execution of a search warrant at Platinum Showgirls (1115 N. Federal Highway). The investigation and subsequent search warrant resulted in more than 50 felony and misdemeanor charges against 30 employees for racketeering, trafficking in oxycodone, sale of cocaine, deriving support from proceeds of prostitution, and felony public nuisance, among other crimes. Nuisance Residence Initiative - The CRA Unit has been receiving complaints via the Community Concern Card and TIPS Line in reference to residences that are a neighborhood nuisance due to quality of life concerns (drug users, prostitution, drug dealers, etc.) Starting in September 2009 the unit conducted 10 search warrants on various houses in the CRA District. The results ofthe initiative to this point have been 32 felony charges, 1 misdemeanor, 1 COV, and 13 warrants. Recovered were 1 15gms of cocaine, 33 scheduled pills, 146.3gms of marijuana and $2485.00 in drug proceeds. The initiative is still on-going. Operation Meal Ticket - The CRA Unit and the CAT Unit worked in conjunction on a five month long investigation to rid the CRA District as well as the rest of the city of convenience stores that commit public assistance fraud. The investigation revealed five stores (4 of the stores located in the CRA District) that were fraudulently giving cash to confidential informants and undercover officers. Based on this, search warrants were executed on four of those stores. The end result was numerous misdemeanor and felony charges, shutting down an illegal operation which was responsible for defrauding tax payers in excess of $1 00,000, as well as the ultimate closing of the EZ Mart. Operation Meal Ticket II - After the initial EBT fraud investigation, members of the CRA Unit and CA T Unit were able to link the owners of EZ Market to racketeering and gambling charges as well. With the assistance of the Boynton Beach Code Enforcement and the State's Alcohol Beverage and Tobacco (ABT) Division the Boynton Beach Police Department was able to close the convenient store indefinitely. Operation Green Thumb - The U.S. Drug Enforcement Administration asked the CRA for assistance in investigation a major drug dealer who resided in the CRA District. The four month long investigation ultimately led the unit to a residence in Fellsmere Farms. With the assistance of the Indian River Sheriffs Office and the DEA, a search warrant on the residence was executed. A sophisticated marijuana grow house was revealed. 359 hydroponic marijuana plants, valued at approximately $500,000, were discovered inside the residence. A search warrant was also conducted on the residence in Boynton Beach where 6 pounds of processed marijuana, 9 guns, and $80,000 was located inside. The grower, who was bringing the marijuana back to the CRA District, was charged with multiple federal charges to which he recently plead guilty to. Teen Police Academy- The CRA Policing Unit was instrumental in the development of the Boynton Beach Police Department's Teen Police Academy. Partnering with the Department's Crime Prevention Unit, the program came to fruition in August of2009. In August 2010, the program gained some recognition within the youth community, and we had a very successful session. Currently, registration for the Teen Academy is underway, and we anticipate more interest from our youth. The CRA Policing Unit is responsible for the scheduling of instructors, lesson plans, serving as team leaders, physical training, and equipment. Every member of the unit is assigned to the camp and assists with the daily operation of the camp. Current Operations - The CRA Unit is currently actively involved in four major investigations. The focus is towards drugs and violence that have operations in the CRA District. Some of these investigations are being worked in conjunction with the Bureau of Alcohol Tobacco and Firearms, the U.S. Drug Enforcement Administration, the U.S. Marshals Service, the U.S. Attorney's Office, the Palm Beach County Violent Crimes Task Force, the State Attorney's Office, and the Delray Beach Police Department. Details of the aforementioned cases can not be disclosed at this time, due to the investigation is ongoing. Current Statistics: Felony arrest charges - 437 Misdemeanor arrest charges - 477 Warrant arrests - 145 Total people arrested - 529 Vehicles seized - 45 Money seized - $119,385.00 Search warrants executed - 49 Arrest warrants filed - 276 Traffic citations - 276 Guns recovered - 30 Hotels / Motels seized - 1 Houses seized - 1 We have recovered 9,288 grams of marijuana with an estimated street value of$92,883.00 plus 359 plants worth approximately $500,000.00 Our unit recovered 35 grams of heroin with an estimated street value of$4,600.00 and 2,485 prescription pills with an estimated street value of $44,730.00. The CRA Unit has recovered 201.1 grams of cocaine and crack-cocaine with an estimated street value of $60,330.00. A typical crack-cocaine arrest yields approximately .1 gram of crack- cocame. The total value of the drugs and currency seized from bad guys is $821,928.00, not including 45 vehicles, a motel, and a house. r x. Information Only: B. Public Comment Log - None There is no backup material for this agenda item. , !; ~<tY~Te~iCRA ~ East SideN West S',deNSeaside Renaissance eRA BOARD MEETING OF: August9,2011 [ I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Update on Economic Development Business Database SUMMARY: The eRA maintains an Economic Development Business Database which is updated annually. Attached is the Data Analysis for 2011. Also included is the comprehensive spreadsheet of all existing businesses within the CRA District. This does not include home based businesses. · There are approximately 685 business spaces available. Currently, 117 are vacant (20%). . Of the 1,967,228 commercial square footage approximately 16.50% is vacant. · Of the 496,648 industrial square footage approximately 14.39% is vacant. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Economic Development Plan RECOMMENDATIONS: Info. Only D t A aa nalYSls Business By Classification No. % Construction 19 3.35% Manufacturing 8 1.41% Wholesale Trade 11 1.94% Retail Trade 219 38.56% Transportation, Warehousing, & Utilities 30 5.28% Information 6 1.06% Financial Activities 28 4.93% Professional & Business Services 132 23.24% Education & Health Services 70 12.32% Leisure & Hospitality 38 6.69% Other 31 5.46% Total No. of Existing Businesses 568 104.23% This = more than 100% due to tenants Total No. of Vacant Spaces 117 occupying multiple units Total No. of Business Spaces Available 685 1,967,228 1,642,589 16.50% Industrial SQ Ft Available: 496,648 Industrial SQ Ft Occupied: 425,176 Vacancy Percentage Rate: 14.39% ! I I Education & Health Services 12% Professional & Business Services 22% Data Analysis 2011 Leisure & Hospitality 6% Manufacturing 1% Wholesale Trade 2% Retail Trade 38% Information 1% Transportation, W arehous ing, & Utilities 5% Financial Activities 5% I. ConStruction . Manufacturing o Wholesale Trade o Retail Trade . Transportation, Warehousing, & Utilities . Information . Financial Activities , 0 Professional & Business Services I . Education & Health Services . Leisure & Hospitality o Other Hard copy of spreadsheet available upon request. Electronic copy available on website under backup material for 8/12/11 agenda. www.boyntonbeachcra.com ill East Side-West S'lde-Seas'lde Renaissance eRA BOARD MEETING OF: August 9, 2011 I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: CRA Budget Meeting SUMMARY: The CRA Budget Meeting will be held on Tuesday, August 23, 2011, from 6 pm until conclusion at Intracoastal Park Clubhouse. A draft agenda is attached. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDA TIONS: Item is for Information Only ~~ Susan Harris, Finance Director TIAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda ttem Request Forms by MeetinglFY 2010 - 2011 Board MeetingsI8-9-11IPurchases Less Than $2S,000.doc ~~~<tY~Te~ C . East Side-West Side-Seaside Renaissance eRA BUDGET MEETING AGENDA Tuesday, August 23, 2011 6:00 p.m. until the conclusion of business at Intracoastal Park Clubhouse 2240 North Federal Highway Boynton Beach, FL 33435 1. Welcome by Board Chair Rodriguez 2. Invocation 3. Budget Overview 4. Review of General Fund, Project Fund, Debt Service 5. Adjourn 915 South Federal Highway Boynton Beach, FL 33435 Tel: 561-737-3256 Fax: 561-737-3258 -'\i~. "-' ,J<;t"' -.~. .""..:"'~ eRA BOARD MEETING OF: August9,20ll I I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: Boynton Beach eRA's partnership with Delray Beach for summer promotion: "Night & Day Downtown Delray Hotel Package." SUMMARY: As part of our Marina District's brand development and market positioning, staff partnered Delray Bach to participate in a summer promotion which will increase traffic to the Boynton Harbor Marina and downtown area. Guests of the Seagate Hotel registered under the Night and Day package from Aug. 1 - Sept. 30, will receive discounts on boat and jet-ski rentals and fishing charters at the Boynton Harbor Marina. The Boynton Harbor Marina logo and link to the new marina website is also listed on the Downtown Delray Beach website. This promotional opportunity helps position the marina as a "niche" natural resource and desirable, downtown destination. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Marketing Department's Budget: Photography, Videos and Promotions -' RECOMMENDA~,fON.S: Information only ~{{vv. /ft k. L Margee Wals , M ng Director T"lAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meellng\FY 2010 - 2011 Board Meetings\8-9-11\Marina summer promotion.doc Boynton Beach and De.ray Beach's AUGUST & SEPTEMBER, 2011 ~~...\~ .'~ :f ~. . i '~ '. ;' .I'_:::"f~. INtRACOASTAL ,n-'KI a.tAU Discount on second jet-ski rental $20 value 561-735-0612, www.waveiumpers.com .' c.IZ .....................................................................~ Offer is in conjunction with "NIGHT & DAY DOWNTOWN DELRA Y BEACH HOTEL PACKAGE." Present coupon to receive discount. Valid for Florida residents only. Restrictions may apply. Advanced reservations required. Expiration, September 30, 2011. 700 Casa Lorna Blvd., Boynton Beach, FL., 33435 www.bovntonharbormarina.com Downtown Delray Beach : By Water ~ 1\arbol- /I.... ~.f ., httn' / lWU1Ul r1rnXfntoUlnrlplr",vnp",('h ('om/hv_\Xl",tpr Page 3 of3 BY WATER City Marina Delray Beach 159 Marina Way Delray Beach, 33483 (561) 243-7252 Delray Harbor Club Marina 1035 S. Federal Highway Delray Beach, 33483 (561) 276-0376 www.delrayharborclubmarina.piczo.com Marina Delray 777 Palm Trail Delray Beach, 33483 (561) 276-7666 www.marinadelrav.com Port Everglades 1850 Eller Drive Fort Lauderdale, 33316 (954) 523-3403 www.broward.org/port Port of Palm Beach 1 E. 11th Street, Suite 400 Riviera Beach, 33404 (561) 842-4201 www.portofpalmbeach.com Yacht Club at Delray Beach 400 E. Linton Boulevard Delray Beach, 33483 (561) 272-2700 www.delraybeachvachtclub.com Boynton Harbor Marina 915 S. Federal Highway Boynton Beach, 33435 (561) 737-3256 boynton ha rborma rina. com 'i 1'10 1'10 1 1 ~qY~T8~ eRA . East Side....West Side"" Seas', de Rena',ssance eRA BOARD MEETING OF: August 9,2011 I Consent Agenda I Old Business New Business I X Public Hearing Other SUBJECT: Consideration of the approval of a Sidewalk Cafe Permit for Hurricane Alley located at 529 E. Ocean Avenue. SUMMARY: The City of Boynton Beach Land Development Regulations (LDR) requires a Sidewalk Cafe Permit be issued in order for a business to operate outdoor dining abutting any sidewalk or when the outdoor seating will use the public right-of-way. The code also limits the location of "sidewalk cafes" to the boundaries of the Community Redevelopment Area subject to any limitations of the particular zoning district. Because the sidewalk cafe application is within the CRA boundaries, the application requires the CRA Board to provide the Development Services Department with a recommendation of support prior to the application going before the City Commission for final approval and issuance. Kim Kelly, owner of the Hurricane Alley Restaurant located at 529 E. Ocean A venue, has submitted a sidewalk cafe permit application to the City of Boynton Beach Department of Development Services for approval of an additional 14 seats for a total of 54 outdoor dining seats. The application documents have been reviewed by Ed Breese, Principle Planner, as well as CRA staff for compliance under the ordinance. After diligent efforts made by Development Services staff, CRA staff and the applicant to satisfy all of the pedestrian and restaurant operational issues, the architectural design layout for seating locations as presented in the application (see Attachment 1) is supported by City and CRA staff. The design calls for a fixed, decorative railing set in place on the outside edge of the dining area providing for a minimum of a 4 foot clearance from the back-of-curb thereby meeting the Code required minimum space for pedestrian traffic (see Attachment II). FISCAL IMPACT: None RECOMMENDA TIONS: CRA Board forward a recommendation of approval to the City Commission for final action regarding the Sidewalk Cafe Permit application as submitted by the Hurricane Alley located at 529 E. Ocean Avenue. ./~. '/ -7 "/ ~.:' /"/ 1'//;'/ z / " ? /;/ ~~;';N,~:b-7/' /'- Michael Simon, Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\8-9-11\Sidewalk Cafe Permit-Hurricane Alley.doc ATTACHMENT I - - CITY OF BOYNTON BEACH PLANNING & ZONING DIVISION 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Phone: (561) 742-6260 Cit)' Applications and Codes Accessed Via Website WWVI' .oovntoo-beach.org WWVI' .amlel!al.comlbovntol1-beach fLus 07-13-2010 SIDEWALK CAFE APPLICATION l. GENERAL INFORMATION: This application must be filled out completely, accurately, and submitted as an original to the Planning and Zoning Division; an incomplete application will not be processed. Print legibly (in ink) or type all information. In addition to the original, provide a copy of the completed application as part of the submittal, and pay the applicable fee as adopted by the City Commission. This process is further describ~d in Chapter 2, Article n, Section 6.D of the Land Development Regulations. A. NAME: ~.~. !icily- fu,/LA1 f ~&? tiled m . te-tJ f;it. IIMI/ev . , I /, _. I " ( B. SIDEWALK CAFE INFORMATION: t5 . uye.i'Z ,JK - r?r/;Jc:.. 1. Restaurant Information*: * Pursuant to Chapter 3, Article V, Section 9.C of the Land Development Regulations, a sidewalk cafe is only allowed in connection with a legally operating restaurant or nightclub establishment located within the boundaries of fue Community .Redevelopment Agon", (CRA) Mea. . J a. Name: MU'Yl'L.fl.."'''- 1/1(0 ~ Bt4f $ kc J /p--'-4../ J ..,-~~ /'. / .~ ~ ;--/ I~ -{)U~_- b. Address: TD~ .s~ ~M 2. Number of Proposed Chairs: ~f 3. Which of the following best describes the proposed request? New construction*: Existing Restaurant Building: X * If new construction, the applicant shall be required to complete a site plan application and submit it concurrently with this request for sidewalk cafe approval. 4. Existing Land Use Classification (from Future Land Use Map): M X 5. Existing Zoning District (from Official Zoning Map): C /" i' !:J..J.,) C. APPLICANT INFORMATION: 1/ '. f-vr~ t../t I\-{ " I. / c/ Company Name: ~1~n.-I' .LL~ HI/fA /" ~ /.~Jt. !;, ~ /~-I~ 6~ /' fr1 /; / 2. Address: I cr-t 1::-- vt.) .b.-1---[.1A-U . ,- l/ . 2'" ' /' City: ~'.-nljn1 I~ State:) ( Zip Code: ,J ~y '3 ~ Phone 41'.J; {~ ;10 u.f Email .kI.f.hti. J lei "),)'7 {fi C.--c'l"'n CJ;.Jf./iq 1. N.ame: '.n, WALl\. CM'E C.HECKLIST I Name of Restaurant: Ua/r"~ J(/<<<;" _ "- _ t.,.ddress: 02.. 9 e' -O~ ~n-.ltr- ~ ~ l- 3B-~ re1epbone Number: 5(P/ ~g(p4 400~ Name of Applicant }CI' n'\ /<..e- / ( L{ Address: ~tM1l.P_ Telephone Number: . - Eme:rgency Number: 3{,~~ 40[)g Written approval of building owner to operate said sidewalk cafe: Yes c:::=:::r No CJ Copy. of Business tax receipt to operate the associated restaurantJnight.club Yes ~ No 1=:J adjacent to subject of application: Ifno, explain: Copy of Certificate of Occupancy if new / major construction: Yes c=J No I I If-no, explain. AI&- / Proof of Liability Insurance In the amount of $1,000,000.00 per occurrence Yes No and to include City of Boynton Beach as an additional insured OD policy). uz( c=J. "'')licy should also state the City shall receive 30 day cancellation _.:>tification, Hold Harmless Agreement Yes. ~ No C:J Signed statement acknow1edging receipt of copy of the sidewalk cafe Yes ~ No c:J regulations and understand them. Scaled drawing depicting layout and dimensions of the existing sidewalk Yes ct:J No area and adjacent private property: (Drawing to include size and location of c:J I tables, chairs, steps, trees, bus shelters, sidewalk benches, trash receptacles, light poles, street signs, handicap ramps and any pther sidewalk obstructions within pedestrian area and distance from the tables and chairs from all of the above). Photographs, drawings, specifications I manufacturers brochures of tables, Yes ~ No c:J chairs, umbrellas, etc.: Non-refundable application fee ($40.00): Yes ~ No CJ FOR OFFICE USE ONLY Date submitted: 6/2,9/// Date deemed complete: 8/ f /11 Date of approval for traJl&lIlittal to Board: Re-\Tlewer: :C 6r:e.z~ ~ ......... r S:\Plannmg\SHARED\WP\FORMS\APPLICA TIONS\SIDEW ALK CAFE CHECKllST .cae The applicant shall enter into a hold harmless agreement CITY OF BOYNTON BEACH SIDEWALK CAFE HOLD HARMLESS AGREEMENT This Hold Hannless Agreement is made on ~ /'1. ~ I ( , by and between Date ( the City of Boynton Beach, Florida (the City) and ~ ~-G. 13, ,,~ A iir/ant . I WHEREAS H ~.CM..L- , WITNESSTH: ~ located at I , City of Boynton Beach, Florida, has requested a 5:>7~ O~~ Permit for a sidewalk cafe pursuant to the requirements as contained herein, and of Chapter 2, Article II, Section 6.D. and Chapter 3, Article V, Section 9 of the Land Development Regulations; and WHEREAS, prior to authorizing the establishment of a sidewalk cafe, the applicant must enter into a hold harmless agreement with the City of Boynton Beach, and provide proof of insurance in conformance with the requirements contained in Part ILC above of this application and with the applicable Land Development Regulations; and WHEREAS, (~~ " .~~ I agrees to abide by all the regulations governing sidewalk cafes as contained herein and with the City of Boynton Beach Land Development Regulations. NOW THEREFORE, FOR THE MUTAL COVENANTS AND MATTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. The recitations set forth above are incorporated herein. 2. ,-?~,t..b4 acknowledges that the City shall assnme no responsibility for snc l~d, structnres( im~omi"t~, ~aterials, appurtenances, or furniture, f - .1---. .;' . .:.', " ~-.,-......._, or the partial or complete destruction or remrl ,oftli_~..~~~fi\~~ subject.p~rty. L' .,... ""';'. _.., _ .. .-t r"~' . 3 III!! 1 ...-___.. ~ - - - - ,.."...! ~, "'... D. PROPERTY OWNER INFORMATION: . 1. Name of Property Owner (Trustee): ~ vey 81fA' 71I- 2. Owner Address: 5/1 f ()t1..-U.-Y\ 4v~ ; City: !??ou n.4 (3vh State: 1/ Zip Code:) 213 ( 1_ I / ' . Phone: 5~( 73J.-,130{, Email: /7/lf1/11fJj<.-r f:" t.(j)'"t'){j,o/.nd E. CERTIFICATION: (I) (We) understand that this application and all papers and plans submitted herewith become part of the permanent records of the Planning and Zoning Division. (I) (We) hereby certify that the above statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowle; /.'Ie and belief. This application will not be accepted unless signed according to the instructions belo\V;/ .<~ ~ P// Date OR S~gnature of contract purchaser (if applicant). Date II. MANDATORY DOCUMENTS: Unless otherwise specified below, the applicant shall be required to submit to the Planning and Zoning Division, the non-refundable $40 application fee and each of the following: A. CONSENT: The applicant shall have written consent from the property owner(s) to operate a sidewalk cafe. BUSINESS TAX RECEIPT: The applicant shall provide a copy of the valid business tax receipt from the associ rant or Nightclub. ~NSU~ The applicant shall provide proof of liability insurance in the amount of 1.00 . per occurrence, and to include City of Boynton Beach as an additional insured on policy. The policy should also state that the City shall recejve 30 day notification of cancellation. Continued on next page. 2 3. f/W'vU~ ql!~ / shall defend, indemnify, and hold harmless, the City, its agents, officers, employees, and servants from any and all claims, suits, causes of action or any claim whatsoever made, arising from the permit of the City to establish a . sidewalk cafe or from any claims for damages to property or injuries to persons which may be occasioned by any activity carried on under the terms of the permit. 4. fh/vr 1"7 ~ 41, 'e-j , agrees to provide all insurance required / f as contained herein and pursuant to the applicable Land Development Regulations. Failure to maintain the required insurance shall be sufficient cause for the City of Boynton Beach to suspend or revoke the Sidewalk Cafe permit issued pursuant to this application and the applicable Land Development Regulations. iii ) /J .$~~g ~/ .../ Applicant's Si'~ature (f tmBE;~LV 6- Let!/" Applicant's Print6d Name I 'i U~~ Witness's Signature L ~ ~ ~ D4/G V~r4 s.LA.-~ Witness's Printed Name . Witness's Signature Witness's Printed Name STATE OF fjIJR.da COUNTY OF --1?4 I vYl B F,q {I it The foregoing instrument was acknowledged before me this on ~ U un<i:- ~ :J::HI , by / / X , m/3,;RI y <I.:" I y (name of officer or agent, (name of corporation title of officer or agent), of acknowledging), a (state or place of incorporation) corporation, on behalf of the corporatiOn~OoallY known to me or ~produced _ F, uJ j!~C-\C:;D9.//j'J.~. () (type of identification) as identification. 80URGAULi . .:-'~m'~~~'~~~""~ ......~R:~I~. stateJUol'"f~: ~" . ,. ~ A.... b\M,e.'" L . . ; E My eomtn. 1# DD 661839 "'" 7~~ commISsion 4 ""4'" Of f"~""'" '",,,....... City Clerk City Manager Approved as to Form and Legal Sufficiency: City Attorney The applicant shall submit a signed statement acknowledging receipt and the City's sidewalk cafe regulations, and a promise of future compliance with such 1,~~6,~ Applicant's Pprted Name , acknowledge receipt of a copy of the City of Boynton Beach Sidewalk Cafe permit regulations. I have read and understand the regulations. rJu/N J1U.--1 :Yo;! pplicant's Date / ~= vir F. DRAWING' A scaled drawing depicting the layout and dimensions of the existing sidewalk and . s pnvate property. On one (1) sheet, the drawmg shall illustrate SIZe and locatIOn of charrs, tables, steps, trees, bus shelters, sidewalk benches, trash receptacle, freestanding lighting fixtures and signs, handicap ramps, and anything else that could potentially obstruct the sidewalk or impede pedestrian traffic. The illustration shall include distances between the aforementioned items to ensure the design is functional and complies with handicap accessibility regulations. ~WlAU>1LM ~r Re aurant Name and Address 4 5J1 ~< O~1UL Clu b8 / \,/ ELEVATIONS OR PHOTOGRAPHS: The applicant shall submit elevation drawings, or th rochures of all tables, chairs, umbrellas, etc. that will be used as part of the application. S:\Planning\Fonns\Applications\New Applications (LOR Rewrite)\Sidewalk Cafe. doc 5 214 N.E. :u" 51'''' Boynton Beach. FL 3343S CHRISTOPHER J. HUTH LAND SURVEYING (561) 7'38-4987 (Mailing Address) 310 SW 151 ...v...... Boynl,," Beach. FL 33435 PERFORMED FOR' HURRICANE ALLEY. INC. BOUNDARY SURVEY NOTE: RECORD PLA T SHOWS NO ANGLES OR BEARINGS ALL ANGLES ARE FIELD MEASURED NO EASEMENT INFORMA nON WAS PROVIDED. PROPERTY ADDRESS: 529 EAST OCEAN A VENUE BOYNTON BEACH, FL 33435 HE 1s1 ~EN!:!I.- FOUND ~K.NAII. ,.,AS_a LEGAL DESCRIPTION: LOT 12. BLOCK 6, ORIGINAL TOWIll OF BOYNTON, ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 1. PAGE 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. Mf'I'! OHW ? I _ ~ALLEY FOUND ~'U.7IfEAS=L:lo.oo P.K NAIL , I 'V . I" ctJ1C ~~ -- ~ ~ ~ ~. ~ -'or_ . a; (;:,~ ::? l1: ~ ~ ai ~ h: <> ~ ~ f- " ~~ ., ~ .~ \0 <.l ~::d '" ~ ~ '" " '" :"l: ~I "- ~ r::: V) h V) l5 :li: SUUJING UfoE D.W OV<R PROPERTY LM LOT i_,- 8LO~;" 6 SCALE 1'"=20' <::> '" ~ L07 12. BLOCK 6 TWO STO~Y WOOD FRAME & STUCCO 8UILDING L. U;- ;.~ i:n. ()L"'-~ 0 ~ ".1 'J) 15 <: lu <:: A rrACHf:D AlJJACF:N7 SIJfLDIN(J RE"STAURANT #5~9 RETAIL ~I ...,~ .v ,f' ~l PLAT&ME1s:5000 I BUUJING I./NE 0. 08 OveR PROPERTY LM SEr- N41/.1 DISC "'21111 "'" '" .", "'. -a-. -'", I ' BRICK SJD€WAiJ( g "S SRlCJ< ;, SIOI!wAiJ( CtIIlS I G .1 ~ I 50' RIGftT-OF-WAY - A VENUE /"! Bo.m7ON BE. LOCA nON SKE:.T,'H NO.7 70. SCALE :>.. ~ ~ ~ -.J ~ Lli E3 l( LEGEND A/C Mf~"'" , -- ClINe ~ -.. 1f6U1_ ... MJPIEAD.u .,.. ....,....../If1LE'IIfJH~ CBmFICATE , heIWIy oemty thIIt /he ettM:hed sk.tr;t> Of surwy of /he ebow dea:tibed ptOpfIfty ia /rUe end CiDIT'8d 10 lhe best of my icnowIedpe MId belief. and CIllIIlbrms '" /he'1IIinimum TflChrt1C21 SletlQ8n1s /Dr /tti$ type Of auney, .. wtM1lialted by /he F/oI'ita BoiIrd Of ProIessiotttII ~,ors .nd ~ in Chapter 16G17~ of /he FIotit>> Admir1l#nlM Code SUR\IFtOR"$ NOTES . 7lIIs _y. be.-d Or! /he legal ~ ptovided by /he di8nt or dlent'. ,.",.-..tive. Angles en6tr /lNlings _ baed 011 FIELD ME"ASURE"MDlT . 1.8nd5 s:hown heffIOn __ noI eMIr8ct8d lor _rlI8>'lta 8tIdtlr firlhB- aI.wey by Ih/$ oIIiat. Other rNtrictions /ll8Y.ppIy IheI CM be found in tile public records Of /his county. No excev8/lOrl _s perlomted '" deIennin8 below pround 8nCI08Chments. EJtw8/ions.,. b888d Or! N.G. V.D.. 1112Q. 7lIIs ptQperty ia /ocIated in Rood Zone_ .. ehowrI Or! C<<rtmun/Iy Panel /NIP deN ..... ~ Surveyed under my direcbon on NO~E"'BEI? O{ 200J ~,.A----- 'J. ;I"::'::;:'~ CIIIiIIIopher J. Huth F_ Surwyor & Mapper 1U299 Nol v-'id lIIIitItout onv;Ml5!llnatu~ end embossed ~~ '- . .l.cl3Q OM\1'402 QNV 9M'NM'cf1d \\Q7, 9 7, lor @.~Uil~~~ - - -" _..,.- - - - ~____~~'Cfl~ ~ _' 'J1M~~ h~$ ~'_ --'1::"~"i" .~1'"5~ - ~~~~-' ..r 1 - 'r" :. .' .ul...~ } ""( l~~~ ~i~ ~ ~ ~ -- ~ - - l! lMi! '" "" <>,. .'-" i ~:l l r ~ ~".. ~, 1~,t~i\t ~_~~\~rh~ ,\\\ ->- \ \1-- , \ \ , . i \ r~l c00 !~ ~~. ~\~' ~i@) i ..; '4 ~ j ~ i 6 ~ 8 \' i ~l ~- '1', \-C v '~ rr:\-'" il\ v'~'" o~r 81 :~ ~ Ii: \ '0./ City of Boynton Beach BUSINESS TAX RECEIPT "':c. .;-:-:. '_';':';':':'~:-:':':':':':':-:':':"" . _ ...::::;::::::~::' :::::~:" ....::::::::f::~:~:-::;:::::::.... .:;::::::::'}:r :::;:;:. .::.- ;:::::;:::~:::::::.;::::.};:;' .~ ':~:::=::'_" .:;f~:~:\.:r ::;,:"~~;;:::('" .. "'-:'::::::::i::~~?m;i\.. ,":.:.:.:.:.:.:.;.:.;. .. ..-.':':':::::':::::::~':. ::~~;~;~~;~~~r~ ;.: -. ":~~~~~:~1:~~:;.. :.:.:.:.z.;.;.; .}}tt TRANSFER FEE: ... :j':iiii~i1itOTALAMOUNTPAID: 329.53 I .i!:@\iSINESS TAX RECEIPT ISSUED FOR THE PERIOD .:::::::I:::;;:;:t"October 4,2010 to September 30,2011 .....'......... .:..::.:::.:.:::.::::::;~~:'-".:":~>:::.::"" BUSINESS TAX RECEIPT MUST BE ... CONSPICUOUSL Y DISPLAYED TO PUBLIC VIEW AT BUSINESS LOCATION RECEIPT NO: CONTROL NO: 11 00011979 11"819 BUSINESS NAME: HURRICANE ALLEY LOCATION: 529 E OCEAN AVE CLASSIFICATION: RESTAURANT 56 INSIDE 40 OUTSIDE HURRICANE ALLEY CAFE BAR1ST A, INC 529 E OCEAN AVE BOYNTON BEACH FL 33435-4923 DATE ISSUED: BUSINESS TAX FEE: DELINQUENT FEE: 10/04/10 329.53 ,.:.:.;.:.:.:.:.: i~j~tj~i~} :::'.' :':', Any changes in name, address. suite. ownership, etc. will require 8 ~ application. ~I II'" .- .. --- .. -.. -------------- .,...o.#l'<""'''' .~.., ~"'" , " ---- ~~-:c:l ;'i..~"..".er.i'--SE.t'E':C '1';; H~\13a N8Jr..:'.::, 3^ ,::,' N~3:)Q :3 6.::~, :'>N I I" i. Slt:l!Q'!i :=.:1 ~ ;~ ), ?"'n,.' 3Nld:::n ~~rn-. l dSf'40:J ie. ..LSnW aSN:1: . to :.t. l.: ~,q.iHi- ~ or .- ::> u c; ~ ~ ~ -r. ~.: ~ :;'. i I :C' . i.~ i> :~. a::. E'f:' i'", ~,5, t:- t !) / ..f. ,~l~j ,JffnF u-r.~!. ~~': ~.~awnt.1 ;:":.,''' ".tqw L~J ~.WF\.J ~.r,.i:,': '. ~ ~.~ "f~':~ ,:~ I ~.:~t~,{~E.~' .J;; ,~ l.A~ _ .. . . ~ ^ .... City of Boynton Beach BUSINESS TAX RECEIPT RECEIPT NO: 11 00023774 BUSINESS NAME: HURRICANE ALLEY EYE OF THE CONTROL NO: 21118 ~~~~TI~' E,g,~:"VEpARLOR ~~ gc,.~mo. 10/~n~ .JiM:?""" \l~it\ DElINQUENT FEE: lfJ~~if'" 'Mif~. TRANSFER FEE: $i~:~fif.;;i$-oTAL AMOUNT PAID: 58.80 I .... }~fifSINESS TAX RECEIPT ISSUED FOR THE PERIOD ..:,:,:,:::::,:?"-::,_::_.....__... . ,,~:;::':i~:''::~~V''October 4,2010 to September 30,2011 ";::/{;:::{:::::':::~{.:"":::{::::,..}f::.: BUSINESS TAX RECEIPT MUST BE "':-:::::::::;;.." ..;:::: -~" :::;::::::::~:::".' ._._..:."<:";,,,:,:,:;-,-,,,.... CONSPICUOUSL y DISPLAYED TO PUBLIC VIEW AT BUSINESS LOCATION HURRICANE ALLEY EYE OF THE STORM 531 E OCEAN AVE BOYNTON BEACH FL 33435 Any changes in name, address, suite, ownership, etc. will require 8 new application. ,... .. """ . - . . -: - ~ -- / BUSINESS TAX RECEIPT CrTY OF B.O,!'NTDhi f.EAGH _._.". "'.....r~'~_--.'.... ~ :- '\ .. ,~. ". ' :_'.~ .4-", : ..~,~! 80R,R ;rcANJ~.';" 0: 50.'1) - C' t"!ttt> 1- -'I 2-1 '1'~,i ~ D:. ~.l n,&.s s name> .. I; orr E, n.~lml:i f"'!' L {)(" c:: t: j, tin cd ct T' L :i!: Nbrl c: 1 ~ ~. ~. .:SHHc' ~afE' .~ :~ r t:'"e-t? ');:.. ta 1 :_ ; '~~t::NSE l"IUSl 11'E. .. . HURRICAI'1tIEALL.EY EYE STDRM ;:.::.1 E OCEAN A\.'E BCYNTDi\! EEAC~ q ::n43~. I -~.. ~ ACORD~ CERTIFICATE OF LIABILITY INSURANCE II DIlTE~ ~ 6/29/2011 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INF0AIIA11ON ONLY AND CONFERS NO RIGHTS UPON 11E CER11FICATE HOLDER. THIS CERTIFICATE DOES NOT AFFlRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUClES BELOW. THIS CERnFICATE OF INSURANCE DOES NOT CONS111UTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERnFlCATE HOLDER. IMPORTANT: If the certIficaIII holder is an ADDmONAL INSURED, the poIicy(_) muat .. endonIed. If SUBROGA11ON IS WAIVED, subject to the tBnns and conditions of the policy, certain policies IIIlIJ require an endorsement. A sbd8ment on this C8ItIficaI8 does not confer rights to the certificate holder in lieu of such S}. PRODUCER JMD Associates, LLC ~ I~Nol: PO Box 811563 ~ ...... ~~L Boca Raton FL 33481-1563 ADDRESS: AFRlRDIIlGCOlIERAGE NAIC . INSURERA: N-.olGn>up INSURED Cafe Barista, Inc. INSURER 8 : 529 E Ocean Ave INSURER C : Boynton Beach FL 33435 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEE"N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 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 ALL THE TERMS, EXCLUSIONS AND CONDITlONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1~1: TYPE Of INSURANCE POLICY EFF ,:OUCY EXP UMIT$ POUCY NUMBeR GENERAL LlABIUTY EACH OCCURRENCE S 1.000.000 f--- x ~ERCIAL GENERAL lIABILITY PREMISES lea occunencel S 100,000 - CLAfM5-MAOE 0 OCCUR MED EXP (Any one penIDI1) S 5,000 A f--- Y 02R 0000240 00 10/15/2010 10/1512011 PERSONAL & ADV INJURY S 1.000.000 GENERAlAGGREGAiE $ 2,000.000 ~l AGGREnE llM~ AMS PER: PRODUCTS - COMPIOP AGG S 1,000.000 POLICY ~g. LOC lIQUOR lJA8lllTY S 1,000,000 AUTOMOBILE: UABlUTY ~~~;SINGl.E LIMIT $ ---'- ANY AUTO 80Dfl Y INJURY (Per pereon) S - All O~ED - SCHEDULED AUTOS AUTOS BODILY INJURY (Per accidentl S - - NON-OWNED ;~~~?AMAGE HIRED AUTOS AUTOS $ - - S U_REUA UAB H OCCUR EACH OCCURRENCE S - EXCESS UAB CLA1M5-MADE AGGREGAiE $ OED I I RETENTION $ S WORKERS COIFENSATlON I T~I~"Ws I IO~- AND EMPLOYERS' LIABILITY VIN ANY PROPRIETORIPARTNERlEXECUTIVE 0 NIA E.l. EACH ACCIDENT $ OFFICEMoIEMBER EXCLUDED? IManclalory In NH) El. DISEASE - EA EMPLOYEE S If ~8S, delIalbe under o SCRIPTION OF OPERATIONS below El. DISEASE - POLICY UMrr S DESCRIPTION OF OPERATIONS I LOCAllONS f VEHICLES (AtIach ACORD 101, ~I "-- Sc:MlIuIe, If _..-............) CERTIFICATE HOLDER CANCELLATION CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 SHOULD ANY OF THE ABOVE DESCRIBED POlICEs BE CANCELl.S) BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIll BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. I I AI1fHORIZEI)REPIlESENTATNE ~ c--' -/vi- ~_~~~~' @ 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2010105) (}i;);dgejield Casualty Insurance CompanYTIA Member of lilxrty Mutual Group A Stock Insurer .. P.O. Box 988 .. Lake/and, Fl33802-o988 WORKERS COMPENSAnON AND EMPLOYERS UABILfTY INSURANCE POLICY INFORMATION PAGE Garrier coct, 341 69 Policy nuntIer 196-'0692__ Item 1. Insured 4. .... . F If t Prior policy oomber Name lI&nd Address Cafe Bariste Inc. Hurricane A/Jey 529 E OCEAN AVE BOYNTON BEACH. FL 33435-4923 .... 'fl' RISK to. 091644576 .f _ IndivIdUal _ Partnership _ Other 1 COrporalion _ SUbchapter .S" Other workplaces not shown above: FEIN 65-0637219 .- .. Itesy 2. Policy periOd From 04/22/11 ....,.. , r~r to .. 04/22/12 12:01 a.m. standard ti~ at th..,addresf"of the insured as stated herein, ..' Item 3. CoVerage",.. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: Florida ., ~ .' . "... '. ... ~~ ~. ",. B. Employers liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of 0" liability under Part Two are: Bodily Injury by Accident $ 100,000 e8\.n accident Bodily Injury by Disease $ 100,000 each employee Bodily Injury by Disease $ 500,000 policy limit C. Other Stat; Insurance: Part'Three of 1~e POI!;;y lp'pl."'io the statllJilitany,lrtcid here: '.- Alabama Arkansas Georgia Kentucky Louis~ jv1ississippi North CRolltta South Carolina Tennessee D. This policy includes these'tmdorsenftHlts~ilncAllchedU~ ;" {,. _~.. -.. sE'E EXTENSION OF INFORMATION PAGE ITEM 3.D ; . , .. ~ ~ 1ft ~. Item 4. Premium '.j . ,'!II;' ... The premium for this.poticy will be dettrmined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information reqt!\fed~1ow is sthject to verification and change by audit. .".. ",. "'...... ....: ,... ~ RiIIIt ..., 51.. b--.cJ CI8nIIIcd_ , Code No. AnnulI ........lIM.&eOl\ fill ..........an oIlnnIDIl'lwmIum ., SEE EXTENSION' OF INfORMj:TION PAGE ITEM 4 .' J ,;( <<so.- 'i ,.. -., ';"'. " ./' Total Estimated Annual Premium $ 7.341.05 Minimum Premium $ 370.00 Expense Constant $ 200.00 This policy, including all endorsements issued therewith, is hereby Countersigned by ~ ~ ----., 3407 Avery & Associates. Inc. lis Date Prepared:01/27/1 1 Date 01/27/11 \&It'' IV\ tV'\ ".... ..It"IlI:.1'QQ\ ~~~~,y...~,........MlI"ii",..~SItinn....W'Dnf"G IktGl"t 'IIfilth Hoel~ EXTENSION OF INFORMATION PAGE we 00 00 01 A -ITEM 1 CARRIER: Bridgefield Casualty Insurance Company P.o. Box 988 Lakeland, FL 33802-0988 (863)665-6060 INSURED: Cafe Barista, Inc. DBA: Hurricane Alley 529 E OCEAN AVE BOYNTON BEACH, FL 33435 Other workplaces Cafe Barista, Inc. DBA: Hurricane Alley 531 E OCEAN AVE BOYNTON BEACH. FL 33435-0000 FEDERAL 10# 65-0637219 CORPORATION Date Prepared: 01/27/11 'AIr f)f) ('If) n 1 ^ ITell1l 1 AGENCY: Avery & Associates, Inc. - 3407 P.O. Box J Boca Raton, FL 33429 (561 )997-7601 POLICY NUMBER: 196 - 20692 POLICY PERIOD: 04/22/11 - 04/22/12 Paae 1 Ocean Food Mart 101 N Federal Hwy 561 739-6156 July 26, 20Il To Whom It May Concern: Being the representative and operator of Ocean Food Mart, located at 101 N Fed Hwy, Boynton Beach, FI, I give Hurricane Alley my consent to allow table to be placed as marked on plan. I have also initialed by table in question on said plan. If you have any further questions, please feel free to contact me at anytime. ~ S i grU'ltwe ~\~ o '~, j/PiJ t- Pnntname HA~B d \~\ \1 , t 1 ~ t 1 ~ -~ ~ ~ o ~ ~ ! ~\~5-~\ 1 . Q(} ~\,;~W; , ->-. l~ 6~~ \ ~ !"\\ ~ \\;~ ~ , ~-~ ----------~ ...- <~ ~~'._<~~~ -~-::-~~"., .' --~ - '--BUJ.-~_~i>~_---- _,- . ,... ~"..~ - - -:.::..- ~ ,'~ ! 'Ii '~ ~t~~l''i ~ ~ ~) 1 ~ . ~ --~~ l :c,. LEASE AMENDMENT TIllS LEASE AMENDMENT ("Amendment") is entered into effective as of the day of July 2011 ("Effective Date") between HARVEY E. OYER m, AS PERSONAL REPRESENTATNE OF THE ESTATE OF HARVEY E. OYER, JR. ("'Lessor"), having an address of511 East Ocean Avenue, Boynton Beach, Florida 33435, and CAFE BARISTA, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar & Restaurant ("Lessee"), whose address is 529 East Ocean Avenue, Boynton Beac~ Florida 33435. RECITALS: WHEREAS, Harvey E. Oyer, Jr., as lessor, and Lessee entered into that certain Business Lease ("Lease"), dated October 2, 2007, for ground floor retail space located at 527, 529, and 531 East Ocean Avenue, Boynton Beach, Florida to be used exclusively as a restaurant ("Leased Premises"); and WHEREAS, Harvey E. Oyer, Jr. died on December 18,2010 and Lessor, by operation of law, became landlord of the Leased Premises; and WHEREAS, Lessor and Lessee entered into that certain Lease Amendment dated effective January 1,2011; and WHEREAS, Lessor and Lessee mutually desire to further amend the Lease in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which both parties hereto acknowledge, Lessor and Lessee hereby agree as follows: AGREEMENT: 1. RECITALS. The above Recitals are true and correct and are incorporated herein by this reference. 2. OTHER LEASE PROVISIONS. Unless specifically amended by this Amendment, all other terms and conditions of the Lease remain unchanged and in full force and effect. 3. LICENSE FOR USE OF SIDEWALK. Lessee has requested the use of a portion of the sidewalk owned by Lessor and located adjacent to a premises currently leased by Lessor to Fashion Shoppe Boutique, Inc. ("FSB"). Lessee desires to utilize that portion of the sidewalk located in front ofFSB's store, as more particularly depicted on Exhibit "A" attached hereto ("License Area"), for the sole purpose of outdoor seating incident to Lessee's operation of Hurricane Alley as a restaurant. Lessor hereby grants to Lessee a license to utilize the License Area for the sole purpose of outdoor seating incident to Lessee's operation of Hurricane Alley as a restaurant, but only upon the terms and conditions contained in this Amendment. Lessee shall mark the sidewalk in an inconspicuous manner that allows Lessee's employees to place Lessee's tables and chairs in the same spots each day. Lessee shall ensure that all tables and chairs located in the License Area stay in their designated spots, as depicted on Exhibit" A", at all times. At no time shall any tables or chairs be placed in front ofFSB's entrance or west of FSB's entrance. Lessee shall be prohibited from connecting tables or placing large parties in the License Area. Lessee shall place and maintain at all times two planters into the locations depicted on Exhibit "A" to direct pedestrian traffic. Lessee shall at all times have a copy of Exhibit "A" in the restaurant so that Lessee's staff is aware of correct placement of the tables and chairs in the License Area. Lessee shall ensure that no dogs, dog water bowls, chairs, strollers, or any other animal or object be pennitted in front ofFSB's windows, entrance, merchandise, mannequins, or display area. Lessee shall ensure that its staff clean up after each table turnover in a timely manner, never allowing plates, food, or trash to remain on the tables in the License Area. Lessee shall ensure that no trash is allowed on the sidewalk of the License Area at any time. Lessee shall be responsible for the cleaning (including regular pressure cleaning) and maintenance of the License Area. The table closest to FSB' s store shall be designated as the "FSB Men's Store Table" and be made available to FSB's owners, staff, employees, and guests when it is available and, if occupied, FSB's owners, staff, employees, and guests shall be next in line for said table. Lessee shall make best efforts to have its employees attach to each of Lessee's customer's receipts a $5 gift card for FSB's store located adjacent to the Leased Premises. FSB shall provide Lessee with the $5 gift cards. [Signature page follows] --".#-- - ;:.:-. " :__:~_ ,._-:... _~~ fI~ ~~. ~._.:....,~'j;\ ~1-< ~~d~~~. ~'- ,.. .-- ,. .~ - i ~ ;.:. 'a 5. .' &.,. .,~. 1 "7' '+l' ,'.. III 4- ,,~.~t ~-;\. 4. .~1l ~ ~3;:l. ~, .. . 1\ T~ \1 ~~\~" tt m\ ' ..:::.' .. \ ,. 11 f '\!. ti- '-.1~ \\\1 i~.', i 1 1~,~\ H i%~..., 1& t".j'. 'l'\.~r- . ~; ~...... . "f~~' ~'f'h' I 1"- \ I, " \ \ /C ~\ \ (OK~] . J .;t::j h f P , ~t", J ,G) "" ." ___ ---r- (0~.-, ~ ",0-1'" ',j .~ ~ \ :"^'!, -~ i . \8' j iJ~ , .l J:\'-.;j'~ ~ \1 .~ I\Ol \ '~ ~\~. -t-- f r;- i' ~v ~~. '\ ~~~ ,..; .... 0. :~ . ~ @1jl 'I ..Y' .. ','''''',-,1 '~ 'j.' . ,\:': j' ',' ! -- eaJ" 9S:i ----~ \> I' IN WITNESS WHEREOF, the Lessor and Lessee have executed this Amendment effective as of the day and year first above written. Signed, sealed and delivered in the presence of: LESSOR: /~ HARVEY E. o~n, AS PERSONAL REPRE A E OF THE ESTATE OF H .' R, JR. . c:; ~ ~ e~~",\.~ '..', , PrintName:~~~ ~C"()i)~~ LESSEE: CAFE BARIST A, INC., a Florida corporation, d/b/a Hurricane Alley Raw Bar & e urant . L) / ,,/) 1[" / / " ~_)~.{;rVil/... i L .,1/Ii . ~vl-A ........ I . Print Name: {/(; 10 I",-a lJ c.. i 0 11G,ol ; ,{ 1"/7 , /,j' ...." / /, / . "II \ ACKNOWLEDGED AND AGREED TO: FASHION SHOPPE BOUTIQUE, INC., a Florida corporation '-~~t~ ~~ JOhnMarquez~t y '- "- ATTACHMENT II , "" I ~ . \ ... _I ~ ' \ , , " ( f f f ~ f 1 1 ,I I i I ~.t""'';'''_l OJ .. .. . . ., I I ., f I I 'I I I ), I),. il.L 'n ~i,~~Y~Te~tCRA __ East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: August 9, 2011 I I Consent Agenda I X 1 Old Business I I New Business I I Legal I Executive Director's Report SUBJECT: Consideration of Approval of Development Agreement between the CRA and Habitat for Humanity of South Palm Beach Land Trust for Ocean Breeze West Site. SUMMARY: At the June 2011 CRA Board meeting, the CRA Board selected the proposal from a partnership of the Habitat for Humanity and the Faith-Based CDC in response to an RFP for the Ocean Breeze West site. Staff was directed to draft a Development Agreement and bring it forward for Board consideration. Some of the relevant terms of the attached Development Agreement are: . Lots will be transferred as homes are sold by Habitat and/or the CDC . Each lot will have an income deed restriction, . The CRA Board shall have design approval of the homes FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Approve the attached Development Agreement between the CRA and Habitat for Humanity of South Palm Beach County Community Housing (n~~ Vivian L. Brooks Executive Director C:\Documents and Settings\utterbackt\Local Settings\Temporary Internet Files\OLKD1\OBW Development Agreementdoc DEVELOPMENT AGREEMENT This Development Agreement (hereinafter "Agreement") is made and entered into as t)1 the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part Ill, of the Florida Statutes (hereinafter "CRA") and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST. INC (hereinafter "HABITAT"), having an address of 18] SE. 5th A venue. Delray Beach, FL 33483. ' In consideration of the mutual covenants and agreements herein set forth. the Parties hereto agree as follows: 1. PURCHASE AND SALE OF REAL PROPERTY. CRA agrees to sell and convey to HABIT AT and HABIT AT agrees to purchase and develop real property, on the temlS and conditions hereinafter set forth, the Property located in Palm Beach County, Florida (the "Property") and more particularly described as follows: See Attached Exhibit" A". 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Ten Dollars ($10.00), receipt of which is hereby acknowledged. The parties agree that CRA is conveying the Property to HABIT A T for the construction of twenty-one (21 J single-family homes. No more than fifteen (15) of the homes can be sold to families earning below fifty percent (50%) of area Median Household Income for Palm Beach County. CRA has complied with Section 163.380, Florida Statutes. in proceeding with the sale of the Property to HABIT A 1. 3. DEPOSIT. Not applicable. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the CRA and HABIT AThas signed the Agreement. 5. LOT DRAW DOWN PROCEDURE. HABITAT shall notify the CRA in writing of its intent to draw down any of the twenty-one (21) lots within the Property for closing sixty (60) days prior to the proposed lot closing date. HABITAT shall identify which lots it intends to close on. The CRA shall prepare for a closing and notify HABIT A T of the closing date. 6. TITLE TO BE CONVEYED. At each closing, CRA shall convey to HABIT A T. by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions. easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which HABITAT fails to object, or which HABITAT agrees to accept. pursuant to Section 7. I and Section 7.2 hereof. DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 2 of 13 7. INVESTIGATION OF THE PROPERTY. During the term of this Agreement ("Feasibility Period"), HABITAT, and HABITAT'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at HABITAT'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to CRA and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations, which HABITAT may deem necessary. During this Feasibility Period, HABITAT may elect, in HABITAT'S sole and absolute discretion, to terminate this contract. If HABIT A T elects to terminate this Agreement in accordance with this Section, HABIT A T shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by HABIT AT'S testing and investigation; and (iii) release to CRA, at no cost, all reports and other work generated as a result of the HABIT A T'S testing and investigation. HABITAT hereby agrees to indemnify and hold CRA harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to HABIT A T (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of HABIT A T'S investigation of the Property. HABIT A T'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. CRA hereby agrees to indemnify and hold HABITAT harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA or for damage to persons or property (subject to the limitation on practicability provided above) arising out of HABITAT'S investigation of the Property. CRA'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. However, CRA'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. 7.1 CRA's Documents. eRA shall deliver to HABITAT the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies, if any, (including environmental, engineering, surveys, soil borings and other physical reports) in CRA'S possession or control with respect to the physical condition of the Property, if any. 7.2 Title Review. Within ten (10) days of the Effective Date, HABITAT shall obtain, at the HABITAT'S expense, from a Title Company chosen by HABIT A T (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure HABITAT in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. HABITAT shall examine the Title Commitment and deliver written notice to CRA no later than twenty (20) days after the Effective Date notifying CRA of any objections HABIT A T has to the condition of title (hereinafter "HABITAT'S Title Objections"). If HABIT AT fails to deliver HABIT AT'S Title Objections to DEVELOPMENT AGREEMENT (revIsed h\ il " Page 3 of 1 :; CRA within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If HABITAT timely delivers the HABITA rs Title Objections, then CRA shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the HABIT A rs Title Objections (hereinafter "Cure Period"). However, in no event shall the CRA be obligated to expend any amount of money exceeding ten thousand ($10,000,00) dollars to cure the title objection. In the event that CRA 1:-' unable to cure and remove, or cause to be cured and removed. the HABITA rs Title Objections within the Cure Period to the satisfaction of HABIT AT, then HABITAT. in HABIT A rs sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing f()r one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, HABIT AT shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURHCASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Survey Review. HABITA T, at HABIT A 1"s expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1I100th of an acre. 1 f the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements. lands of others or violate any restrictions. covenants of this Agreement or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections, 7.4 REAL PROPERTY SOLD AS IS, WHERE IS, RELEASE. The eRA makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by the CRA at Closing in accordance with this Agreement, and the CRA makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition. operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access. economic feasibility or any other matters whatsoever with respect to the Property. HABIT A T specifically acknowledges and agrees that the CRA shall sell and HABITAT shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL F AUL TS" basis and that, except for the eRA'S representations and warranties specifically set forth in this Agreement, HABIT A T is not relying on any representations or warranties of any kind whatsoever, express or implied, from the CRA its agents, officers, or employees, as to any matters concerning the Property including, without limitation, any matters relating to (1 ) the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality. nature, adequacy or physical condition of utilities serving the Property, (4) the development DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 4 of 13 potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. As used herein, the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances", "hazardous materials", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. S960 et seq., the Resource Conservation and Recovery Act of 1976,42 U.S.C. S 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. S1801 et seq., or the Clean Water Act, 33 U.S.C. S1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR S 172.1 0 1) or by the Environmental Protection Agency as "hazardous substances", "hazardous materials", "toxic substances" or "solid waste", (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. 8. CONDITIONS TO CLOSING. HABIT A T shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by HABIT A T in writing: 8.1 Representations and Warranties. All of the representations and warranties of CRA contained in this Agreement shall be true and correct as of Closing. 8.2 Condition ofProoerty. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, CRA shall execute and deliver, or cause to be executed and delivered to HABITAT the following documents and instruments: DEVELOPMENT ^-GREEMENT (revised b\ ! }I'-' Page 5 of 1 j 9,1 Deed, A Quit Claim Deed (the "Deed") conveying to HABITAT valid. good, marketable and insurable fee simple title to the Property free and clear of all liens. encumbrances and other conditions of title other than the Permitted Exceptions which shall include a deed restriction which shall specifically identify that each lot conveyed to Habitat shall be conveyed only to eligible purchasers whose income shall not exceed 120% of median household income for Palm Beach County as established from time to time by Hl TD. 9.2 CRA' s Affidavits. CRA shall furnish to HABIT AT an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than CRA. CRA shall also furnish to HABIT A T a non-foreign affidavit with respect to the Property. In the event CRA is unable to deliver its affidavits referenced above. the same shall be deemed an uncured title objection, 9.3 Closing Statement. A closing statement setting forth the Purchase Price. all credits, adjustments and pro rations between HABIT AT and CRA, all costs and expenses to be paid at Closing, and the net proceeds due CRA, which CRA shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1 Pro rations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by pro rations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available. taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. 10.2 Closing Costs. CRA shall pay for documentary stamps on the deed. recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, etc.), The CRA and Habitat shall each be responsible for it's respective attorney fees and costs. 10.3 Closing Procedure. HABITAT shall fund the Purchase Price of $10,00. CRA and HABIT A T (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to CRA; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to HABIT AT, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. DEVELOPMENT AGREEMENT (revised by DJ 7/27]]) Page 6 of]3 10.4 Existing Mortgages and Other Liens. At Closing, CRA shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. 11.1 CRA's Representations and Warranties. CRA hereby represents, covenants and warrants to HABITAT, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by CRA and the consummation by CRA of the transaction contemplated by this Agreement are within CRA'S capacity and all requisite action has been taken to make this Agreement valid and binding on CRA in accordance with its terms. The person executing this Agreement on behalf of CRA has been duly authorized to act on behalf of and to bind CRA, and this Agreement represents a valid and binding obligation of CRA. 11.3 Title. CRA is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1 HABITAT's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of HABIT AT, subject to the provisions of Paragraph 12.3 below, neither HABITAT nor CRA shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that HABITAT shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under HABITAT, but not otherwise. 12.2 CRA's Default. In the event that CRA shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of CRA'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, HABITAT may, at its option: (1) declare CRA in default under this Agreement by notice delivered to CRA, in which event HABIT A T may terminate this Agreement and neither Party shall have any further rights hereunder. 12.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a DEVELOPMEN'j .\GREEMENT trev Ised h\ !) Page 7 of ! ~ failure to close, the cure period shall only be three (3) Business Days from the delivery ofnotlCl: Both parties agree that if an extension is requested, such extension shall not be unreasonabl \ withheld, If the default has not been cured within the aforesaid period. the non-defaulting Part~ may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail. return receipt requested. or personal delivery to the following addresses: If to CRA: Boynton Beach Community Redevelopment Agency Attention: Executive Director, Vivian Brooks 915 S. Federal Highway Boynton Beach, Florida 33435 With a copy to: Jim Cherof Goren, Cherof. Doody & Ezrol, P.A. 3099 East Commercial Blvd. Fort Lauderdale. FL 33308 If to HABITAT: Michael Campbell RISE. 5th A venue Delray Beach. FL 33483 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. CRA may not assign its interest in this Agreement without the prior written consent of HABIT AT, which shall not be unreasonably withheld. HABIT A T may not assign this Agreement to any other party without the prior written approval of CRA, 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof~ is materially altered by an act of God or other natural force beyond the control of CRA, HABIT AT may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement, or PURHCASER may accept the Property without any reduction in the value of the Property. 16. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses. damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with DEVELOPMENT AGREEMENT (revised by OJ 7/2711) Page 8 of 13 this Agreement. However, CRA'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 17. ENVIRONMENTAL CONDITIONS. To the best of CRA'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT OF THE PROPERTY. CRA and HABITAT acknowledge that the Property is being sold to HABITAT for the sole purpose of developing, marketing and selling twenty-one (21) single-family homes to families whose income does not exceed 120% of median household income for Palm Beach County as set by HUD. No more than fifteen of the homes may be sold to families whose income is below 50% of median household income for Palm Beach County. The Property is to be held by the HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, INC. in perpetuity to ensure future affordability of the homes. 18.1 Construction. HABITAT agrees to construct twenty-one (21) single- family homes pursuant to the construction schedule and requirements provided herein. HABITAT agrees to begin construction on all homes by December 2013. Construction shall mean vertical construction of the walls. 18.2 Construction Requirements. The following amenities are required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified: a. All homes shall include, at a mInimUm three bedrooms, two full bathrooms, a one-car garage, a living room, dining room, full kitchen and a master bedroom with walk-in closet and attached bathroom. b. The following appliances shall be included and must be Energy Star rated: . Refrigerator . Oven/Range . Built-in microwave oven . Dishwasher . Washer . Dryer . Water heater . Irrigation pump if a well is required by the City. . Central air conditioninglheating. c. Ceramic tile throughout the hallways, kitchen, dining area and bathrooms. d. Carpet in the living room and bedroom. e. All windows shall be Dade County hurricane rated. f. The roof shall be warranteed for a minimum of twenty years. DEVELOPMENT AGREEMENT Irevlsed 11\ ! II Y'i Page 9 of I i g, Xeriscape landscaping and irrigation that exceeds the minimum requirements of the City code, h. Two community monument signs: one to be located at NW glh A venue and one a NW 1 st Street. Signs to be constructed of concrete and must be at least four feet high by five feet wide, J. A fenced and landscaped buffer to be installed along the entire Project boundary at Seacrest Boulevard subject to City approval. J. Installation of streetlights within the Pro.iect subject to City approval. ] 8.3 CRA Design Approval. Prior to submittal to the City for construction permit, HABITAT must obtain CRA Board approval of the design of all model homes, Habitat shall submit the proposed final plans to the CRA no less than thirty (30) days prior to the next regularly scheduled meeting of the CRA board. The CRA Board approval will be provided in writing to HABITAT within five (5) business days of the CRA Board meeting where the approval was voted upon, ] 9. LAND TRUST. Habitat agrees to that all twenty-one (21) lots will be transferred into the Habitat for Humanity of South Palm Beach County Community Housing and Land Trust, Inc. and that all the lots shall remain the property of the land trust in perpetuity. Only improvements on the lots may be transferred to subsequent buyers. Lots shall be leased to home buyers under a Ground Lease. 19.1 Maintenance. As the manager of the Land Trust, Habitat agrees to maintain the common areas of the Property and each individual lot within the Property once each lot is developed, in perpetuity, Habitat shall enforce the terms of the Ground Lease at all times 20. REVERTER. In the event HABlTA T fails to adhere to the timeline outlined in Section 18.1 , and HABIT AThas not provided CRA with a written notification as to the reason explaining that circumstances not under the control of HABITAT have prevented HABITAT from meeting the timeline which in the sole discretion of the CRA it may reject, then the Property shall, as a matter of law, automatically revert back to the CRA The CRA agrees to work reasonably with HABIT A T in working within the timeframe set forth above. but HABIT A T and CRA agree that time is of the essence. Furthermore, if each home is not sold to income-qualified buyers as defined herein and approved by the CRA, the property upon which the home is located shall, by operation of law, revert back to CRA. If the Property reverts back to the CRA, the CRA may in its discretion complete the construction of the homes and satisfy any outstanding construction loans held by HABIT A T provided HABIT AT has assigned the construction contract to the eRA. In the event the CRA funds the construction of the home it shall deduct from the sale proceeds of the home, the full amount necessary to reimburse the eRA for all funds advanced. In the event there are any surplus funds remaining after the CRA has been fully reimbursed for all funds advanced by it to complete construction of the house, the remaining surplus funds, if any, shall be paid over by the eRA to HABITAT 21, MISCELLANEOUS. 21 .1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 10 of 13 shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 21.2 Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 21.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 21.4 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 21.5 Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 21.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and CRA shall control all printed provisions in conflict therewith. DEVELOPMENT "GREEMEN'I 1!C\Nd h\ ) Page 11 of ! ; 21.7 Waiver of Jury Trial. As an inducement to HABITAT agreeing to enter into this Agreement, HABIT AT and CRA hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 21.8 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party, 21.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and CRA has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 21.10 Recording, This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 21.11 Survival. The covenants, warranties, representations, indemnities and undertakings of CRA set forth in this Agreement, shall survive the Closing, the delivery and recording of the CRA Property Deed and HABIT AT'S possession of the Property 21.12 CRA Attorneys' Fees and Costs. CRA acknowledges and agrees that CRA shall be responsible for its own attorneys' fees and all costs, if any, incurred by CRA lJ1 connection with the transaction contemplated by this Agreement. SIGNATURES ON FOLLOWING PAGE date. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective HABITAT HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, INC. By: Print Name: Title: Date: Witnesses: Approved as to form and legal sufficiency: CRA Attorney eRA BOYNTON BEACH COMMUNITY REDEVELOMENT AGENCY By: Print Name: Jose Rodriguez Title: Chairperson Date: Witnesses: H:\ 1998\980465 ,BBCRA \H4 H Developers Agreement Clean Version .doc DEVELOPMENI AtiREEMENT I rnlsed h Ii Page 13 of 1~; Exhibit "A" Legal Description PCN: 08-43-45-21-07-002-1311 And PCN: 08-43-45-21-07-002-1320 And PCN: 08-43-45-21-07-002-1321 EXBJBIT A LEGAL DESCRlPTlON A portion of Block C of the Plat of Boynton Hills. Boynton Beach. Palm Beach County, Florida, according to the plat thereof as recorded in Plat Book 4, Page 51 of the Public Records of Pahn Beach Coun1;y, Florida, described as fullows: Commence at the Northeast comer of Lot 147 of said Blook C; thence South (8SSumed)~ along the East line of said Lot 147 a distance of 20.00 feet to the Point of Beginning; thence continue South, along the East line of said Block C, 228.36 feet to the Southeast comer of Lot 134 of said Block C; thence West, along the South line of said Lot 134. a distance of 100 feet to the East line of Lots 135 and 136 of said Block C; thence South along said East line and the Southerly prolongation thereof. 189.19 feet to the centerline of Orand Circle ''N'', being a curve concave Southwesterly ha.ving a radius of 591.65 feet (a line radial to said curve bears North 41004'57" East); thence Northwesterly along the arc of said curve 5.02 feet through a centml angle of OOVJ9'11" to the intersection with the Northerly prolongation of the East line of Lot 129 of said Block C (a line radial to said curve at the said point ofinter:seetion bears North 40035'46" East); thence South along 1be said Northerly prolongation of the Bast line of said Lot 129 a distance of 57.60 feet to the Southeast comer of said Lot 129; thence West along the South line of said Lot 129 and the South line of Lot 128 a distance of 150.00 fe6t to the West line of said Lot 128; thence North along said West line 15.00 feet to the South line of Lots 127 and 126 of said Block C; thence West. along the said South line of Lots 127 aod 126, a distant:e of 100.00 feet to ~e West line of said Lot 126; thence North along said West line, 45.00 feet to the South line of Lots 124 and 123 of said Block C; thence West along said South line 100.00 feet to the West line of said Lot 123; tllence North along said West line and the Northerly prolongation 'thereof, 193.23 feet to the inter.!!ection with the, Westerly prolongation of the South line ofLat 141 of said Block c; thence North 76046'35''' East along said Westerly prolongation, 157.99 feet to the West line of said Lot 141; thence North along said West line. 101.25 feet to the North line of said Lot 141; thence North 83017'55" East alongtbe North line of Lots 141 and 142 of said Block C. a distance of75.51 feet to a line 25 feet West orand parallel with the East line of Lot 150 of said Block C; thence North along said parallel line 92.44 feet to the North line of Lots 150. 149. 148 and 147 of said Block C; thence East along said North Ijne 205.00 feet to the beginning of a curve conc::ave Southwesterly having a radius of 20.00 feet and a cenb'al angle of 90000'00"; thence Southeasterly along the arc of said curve~ 31.42 feet to the Point of Beginning aforedescnoed. LESS and EXCEPT that pan:el conveyed to Palm aeach Coun1;y by Warranty Deed recorded M8t'Ch 24, 2010 in Official Records Book 23758, Page 185G Public Records of Palm Beach County, Florida. more particularly descn"bed as follows: A portion of Lots 145, 146 and 147~ Block C of BOYNTON HILLS. according to the plat thereof as recorded in Plat Book 4, Page Sl of the Public Records of Palm Beach County, Florida, described as follows: Commence at the Northwest comer of said Lot 147; 'thence N 88047'35" E along the North line of said; Lot 147, a distance of 77.28 teet to the Point of Beginning; thence continued N881;141'3S" Eo 2.72 feet to the beginning of a curve concave to the Southwest having a radius of 20.00 feet; thence Southeasterly 31.42 feet along said curv~ through a central aogle of 90000'00" to a point on the East line of said Lot 147 and the West right-of-way Hne of Sea crest Boulevard. as recorded in Plat Book 5, Pages 179-1~3 of the Public Records ofPQ1m Beach County~ Florida; thence S 01012'2511 fl, along said West rlgbt-of..way line, 94.40 feet; thence N 24013'5711 W~ 39.22 feet; thence NOlo12'25" W, 10.62 feet; thence N 45002'23" W, 10.66 feet to the Point of Beginning. TOGETHER WITH~ Lot 100 and the South Y2 of abandoned NW 1th CO\lIt lying North of and adjacent thereto, LESS a 20 foot return curve area road right-of-way; and Lot lOt, Block C of BOYNTON HILLS, according to the plat. thereof as recorded in Plat Book 4, Page Sl of1he Public Records of Palm Beach County, Florida. TOOEmER WITH~ Lots 130, 131, 132 and 133, Block C of BOYNTON HU..LS, according to the plat thereo~ as recorded in Plat Book 4, Page 51 of the Public Records of Palm Beach County, Florida. And The vacated portion ofNorthwe.st 7th Court by Resolution No. 73-95t recorded in Official Recotd Book 2146, Page 1245, lying adjacent to and Southerly of Lot 130~ Block C of BOYNTON HILLS, according to the plat thereot: as recorded in Plat Book 4~ Page 51 of the Public Records of Palm Beach County, Florida. A PORTION OF BLOCK C OF THE PLAT OF BOYNTON HILLS, BOYNTON BBACH, PALM BEACH COUNTY. FLORIDA, ACCORDING TO 1HE PLAT THEREOF AS RECORDED IN PLAT BOOK. 4, PAGE S1 OF TIIE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRlBED AS FOLLOWS: COMMENCE AT 1HE NORlHEAST CORNER OF LOT 147 OF SAID BLOCK C; THENCE SOUTH (ASSmmD), ALONG TIm EAST LINE OF SAID LOT 147, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; 11lENCE CONTINUE SOUTH, ALONG THE EAST LINE OF SAID BLOCK C, 2~8.36 FEET TO THE SOumEAST CORNER OF LOT 134 OF SAID BLOCK C; 11lENCE WEST, ALONG THE soum LINE OF SAID LOT 134, A DISTANCE OF 100 FEET TO THE EAST LINE OF LOTS 135 .AND 136 OF SAID BLOCK C; 1HENCE SOUTH, ALONG SAID EAST LINB AND TIlE SOU1lIBRL Y PROLONGATION THEREOF, 189.19 FEET TO TIm CENTBRLINE OF GRAND CIRCLE "N", BEING A CURVE CONCAVE SOUTflWESTERLY HAVlNG A RADIUS OF 591.65 FEET, (A LINE RADIAL TO SAID CURVE BEARS N.41004t57"E.); THENCE NORTHWESTERLY ALONG 1HE ARC OF SAID CURVE 5.02 FEET nmOUGH A CENTRAL ANGLE OF 0029'11" TO THE INTERSECTION WITH TIlE NORTHERLY PROLONGATION OF THE EAST LlNE OF LOT 129 OF SAlD BLOCK C, (A LINE RADIAL TO SAID CURVE AT THE SAID POINT OF INTERSECTION BEARS NAoo35'46"E.); lHENCE SOUTH, ALONG THE SAID NORnmRL Y PROLONGATION OF THB EAST LINE OF LOT 1295 A DISTANCE OF 57.60 FEET TO mE SOUTImAST CORNER OF SAlD LOT 129; THENCE WEST, ALONG THE SOUlH LINE OF SAID LOT 129 AND THE soum LlNE OF LOT 128, A DISTANCE OF 150.00 FEET TO TIm WEST LINE OF SAID LOT 128; TIlENCE NOR'IH, ALONG SAID WEST LINE, 15.00 FEET TO nIB SOUI'H LlNE OF LOTS 127 AND 126 OF SAID BLOCK C; THENCE WEST. ALONG THE SAID sourn LINE OF LOTS 127 AND 126, A DISTANC~ OF 100.00 FEET TO THE WEST LINE OF SAID LOT 126; THENCE NORTH, ALONG SAID WEST LINE, 45.00 FEET TO THE SOUTH LlNE OF LOTS 124 AND 123 OF SAID BLOCK C; THENCE WEST, ALONG SAID SOurn: LINE, 100.00 FEET TO TIlE WEST LINE OF SAID LOT 123; THENCE NORm, ALONG SAID WEST LlNE AND THE NORmERL Y PROLONGATION THEREOF,' 193.23 FEET TO THE lNlERSECnON wrm THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 141 OF SAID BLOCK C; THENCE N.76046'35"E., ALONG SAID WEStERLY PROLONGATION, 157.99 FEET TO nIB WEST LINE OF SAID LOT 141; THENCE NORTH, ALONG SAID WEST LlNE, 101.25 FBET TO THE NORm LINE OF SAID LOT 141; THENCE N.83017'SS"E., ALONG nm NORTH LINE OF SAID LOTS 141 AND 142 OF SAID BLOCK C. A DISTANCE OF 75.51 FEET TO A LINE 25 FEET WEST OF AND PARALLEL WIlli THE EA$T LINE OF J;.OT ISO OF SAID BLOCK C; THENCE NORlH, ALONG SAID PARALLEL L~ 92.44 FEET TO THE NORTH LINE OF LOTS 150, 149, 148 AND 147 OF SAID BLOCK C; THENCE EAST, ALONG SAID NORm LINB, 205.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWBSTERL Y HAVING A RADIUS OF 20.00 FEET AND A CENlRAL ANGLE OF 90000'OOu; THENCE SOUTHEASTERLY, ALONG mE ARC OF SAID CURVE, 31.42 FEET TO TIlE POINT OF BEGINNING AFOREDESCRIBED. TOGETHER WIlli: LOTS 130, 131, 132 AND 133, BLOCK ~ BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 51, OF TIIE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETIIER WITH THE NORTHERLY HALF OF THE VACATED PORTION OF N.W. 7TH COURT, LYING ADJACENT TO AND SOUTHERLY OF LOT 130, BLOCK C, BOYNTON ffiLLS, AS RECORDED IN SAID 1N PLAT BOOK 4, PAGE 51. TOGETHER WITH: LOTS 100 AND 101, BLOCK C, BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF, AS REGORDED IN PLAT BOOt'. 4, PAGE 51, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGElHER WlTIi TIiE SOUTHERLY HALF OF nm VACATED PORTION OF N.W. 7TH COURT, LYING ADJACENT TO AND NORTHERLY OF LOT 100, BLOCK C, BOYNTON HILLS, AS RECORDED IN SAlD PLAT BOOK 4, PAGE 51, LESS THAT PORTION OF LOT 100 AND THAT PORTION OF GRAND C.IRCLE "Nil DESCRlBED AS FOLLOWS: BEGINNING AT TIIE SOUTHEAST CORNER OF SAID LOT 100, SAID POINT ALSO BEIN'G mE SOUTHEAST CORNER OF BLOCK C; lHENCE WEST, ALONG THE soum LINE OF SAID LOT 100, A DISTANCE OF 20.00 FEET TO A POINT ON A CURVE CONCA VB NORlHWESTERL Y HAVING A CENTRAL ANGLE OF 90000'00" AND A RADIDS OF 20.00 FEET; TIIENCE NORTIIEASTERL Y, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 31.42 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK C; 'IHENCE SOUTH, ALONG THE EAST LINE OF SAID BLOCK C, A DISTANCE OF 20.00 FEET TO 1HE POINT OF BEGINNING. LESS AND EXCEPT: THAT PORTION OF LOTS 145, 146 AND 147 OF SAID BLOCK C AS CONVEYED TO PALM BEACH COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 23758, PAGE 1856, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. mE OVERALL PARCEL BEING FURTHER DESCRlBED AS FOLLOWS: BEGINNING AT lHE NORTHWEST CORNER OF LOT 125, BLOCK C, BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TIlENCE N.ooOO'OO"E., A DISTANCE OF 193.23 FEET; THENCE N.76046'3S"E., A DISTANCE OF 157.99 FEET; lHENCE N.OOOO'OO"E., A DISTANCE OF 101.25 FEET; THENCE N.83017'55''E't A DISTANCE OF 75.51 FEET; THENCE N.OOOO'OO"E., A DISTANCE OF 92.44 FEET; TIlENCE N.90000'00''E., A DISTANCE OF 202.28 FEET; TIlENCE S.43049'58"E., A DISTANCE OF 10.66 FEET; THENCE S.ooOO'OO"E., A DISTANCE OF 70.62 FEET; TIIENCE S.23001'32"E., A DISTANCE OF 3922 FEET; THENCE S.OOOO'OOIlW., A DISTANCE OF 462.46 FEET TO A POlNT ON A CURVE CONCA VB TO THE NORTIIWEST I-IA VING A CENTRAL ANGLE OF 90000'00" AND A RADIDS OF 20.00 FEET; THENCE SOU1HWESTERL Y, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 31.42 FEET; THENCE N.90000'OO"W., A DlST ANCE OF 133.80 FEET; THENCE N.OOOO'OO"B., A DISTANCE OF 105.00 FEET; THENCE N.90000'OO"W., A DISTANCE OF 100.00 FEET;. THENCE N.ooOO'OO"B., A DISTANCE OF 15.00 FEET; THENCE N.90000'OO''W., A DISTANCE OF 100.00 FEET; lHENCE N.ooOO'OO"E., A DISTANCE OF 45.00 FEET; . THENCE N.90000'OO''W., A DISTANCE OF 100.00 FEET TO nm POINT OF BEGINNING. ~<tY~Te~ eRA . East Side-West S'lde"'Seas'lde Renaissance eRA BOARD MEETING OF: August 9, 2011 I I Consent Agenda I X I Old Business I I New Business Legal I Executive Director's Report SUBJECT: Consideration of Tenant Options for 211 E. Ocean Avenue SUMMARY: At the October 12,2010 CRA Board meeting the Board selected the Chussler Group, Oscar's Restaurant, as the potential tenant for 211 E. Ocean Avenue. In June 2011, the CRA Board directed staff to obtain financial documents, a firm business plan and a marketing plan from the Chussler Group. The documentation was not obtained in time for the July 12, 2011 Board meeting at which time CRA staff issued a submission deadline of July 26, 2011 to the Chussler Group which they complied with (see Attachment I). Upon review of the financial documents, staff has the following observations: . Capital Plan - Proof of funding for start up costs and working capital is absent. The documents submitted do not address the existence of such funds. . Bank statement submitted is from another business. Are these existing business funds to be used in the new business? If so, will they impact the financial results of the existing business? . Tenant should provide audited financial statements and tax returns of existing business for the last three years to determine success of existing business. . How will tenant obtain the funds for their intent to purchase the building? Financing? . The Chussler Groups business plan for Oscars Restaurant calls for $100,000 in start up costs, However, documentation for the source of the start up capital is not given. Staff has addressed the above questions to The Chussler Group (see attached e-mail). At the time of Board packet preparation, a response had not been received. The estimated cost of the conceptual design of 211 E. Ocean is $811,000. Based on meetings, the Chussler Group states that it can only contribute $50,000 toward the renovation project; mostly in kitchen equipment, furniture and inventory. The CRA has set-aside $300,000 in the budget for construction of the project which leaves a funding gap of $461,000, FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS/OPTIONS: If in fact, the Chussler Group cannot prove they have sufficient working capital or start up costs to ensure the success of the business, staff recommends that the Board cease negotiations and legally notice the availability of the building for lease and possibly a lease option with the following terms considered: 1. Lease Term: 5 years with 10 one year options to renew or lease option after year 3 2. Rent: Year 1 - Rent abated Year 2 - 3% of gross sales. plus taxes, insurance and maintenance Years 3 - 5 - 5% of gross sales, plus taxes, insurance and maintenance 3. eRA will match up to a maximum of $150,000 of Interior Build-out Costs for credit worthy tenant. ~- Vivian Brooks, Executive Director C:\Documents and Settings\utterbackt\Local Settings\Temporary Internet Files\OLKD1\211 E Ocean Ave Tenant Options Il.doc Oscar's Restaurant Marketina Plan I. Marketing Overview. II. Competition III. Marketing Budget & Tools IV. Pricing Strategy V. Market Segmentation I. Marketina Overview To continually meet established sales goals, Oscar's Restaurant (hereafter referred to as the "Restaurant") will maintain an active marketing plan that will ensure the establishment of a returning clientele spanning a multitude of demographics, address the fluctuation challenges of tourism seasons and their impact on the South Florida restaurant industry, and meet niche consumer demands broadening the Restaurant's appeal through various channels. The foremost challenge facing the success of the Restaurant is the potential dearth of traffic flow along East Ocean Avenue west of the train tracks. In order to meet this challenge, a multi-faceted approach has been designed in order to maximize the exposure of a free standing establishment in lesser-traveled corner of downtown Boynton Beach. Through a strict adherence to avoiding any type of mass marketing, the Restaurant intends to place an emphasis on targeting market segments through a combination of the retained services of a marketing agency in addition to several in-house measures taken to maximize publicity and networking. The Restaurant has earmarked a significant portion of its monthly budget, discussed in greater detail in Section III, to ensuring exposure at the same height, if not surpassing, that of its immediate competition. The dedicated funds echo the goal of making the Restaurant a county- wide draw, and not solely a locally favored eatery. II. ComDetition There have been nine full-service restaurants identified as immediate or indirect competition in eastern Boynton Beach. One of the foremost focal points of the Restaurant will be producing an eclectic, seasonal and unique menu which offers affordable, competitively-priced service in an effort to reduce both immediate and indirect competition by creating broader-range appeal. Several of the competitors feature strictly defined cuisine (Italian, seafood, Asian, etc,) with fixed menus, disregarding the appeal created by use of local, organic or seasonal fare, While the proximity to the Atlantic Ocean makes the area a hotbed for fresh seafood--as demonstrated successfully by Hurricane Alley, Two Georges, Banana Boat and Prime Catch--the Restaurant intends to incorporate that as only a single component of being a low-impact restaurant destination, As a majority of the competing businesses identified have preferable locations, albeit waterfront vantage points, visible exposure to Federal Highway traffic or a site on a major connector to Interstate 95, the Restaurant will strive to draw clientele by creating a Florida home-centric atmosphere, complete with patio, porch and garden seating in addition to a historic dining experience in the interior of the Oscar Magnuson House, Pricing will aim to provide an upscale dining experience, with considerations such as linens and cloth napkins, for the cost of a casual dining experience, Sales projections have been modestly and conservatively based upon the assumption of an average ticket of $18 per seat for dinner hours--an encounter unlikely to be met by area competitors in scope of both service. food quality and ambiance, Full service restaurants posing immediate competition (within one mile of 201 E, Ocean Ave.): Two Georges, Banana Boat, Hurricane Alley, Cafe Frankies, Sushi Jo Full service restaurants posing indirect competition (located in eastern Boynton beach, outside of one mile from 201 E. Ocean Ave,): Josie's, Prime Catch, Try Thai, Sushi Simon III. Marketina Budaet & Promotional Plan The Restaurant has allocated $6,000 per month/$72 ,000 per annum to be applied towards a wealth of marketing techniques, However, the only recurring monthly expense of all the tools intended to be implemented is the retained service of a professional marketing and public relations firm, All other approaches will result in no or minimally incurred costs due to in-house management and scheduled promotions, such as social networking and direct mail promotions respectively, The following is a list of marketing tools and promotions to considered by the Restaurant: . Marketing and Public Relations Firm. The Restaurant intends to procure the services of a Palm Beach county agency whose restaurant representation mirrors their experience and familiarity with the demands of the local industry, A monthly cost of retaining such services, based upon prior use, wilt approach--if not exceed--$5,000/month, However, with proven track records, it is expected that the firm chosen will provide sufficient returns in clientele, substantiating the most costly aspect of the entire marketing budget. . E-Commerce. The Restaurant's approach to E-Commerce is two fold: foremost. hosting a website actively supported by Search Engine Optimization (SEa), and secondly participating in promotions offered through Internet marketing sites, After securing the intended domain name, the Restaurant has begun working with a website designer and SEa specialist whose professional indexing efforts will yield top results in search engines such as Google and Yahoo! when searching "Restaurants" and "Boynton Beach", Such a search in Google presently brings back four of the Restaurant's principal and immediate competitors (Banana Boat, Prime Catch, Two Georges, Hurricane Alley), all east of Interstate 95, before the first page of search results begin to show any establishments outside of downtown Boynton Beach (Bonefish Grill, Village Tavern). The cost of freelance, SEO services on an intermittent basis coupled with website maintenance and domain hosting fees are expected to be $2,500 annually. Internet marketing sites, such as LivingSocial.com, UrbanSpoon.com, and Groupon.com, are a rapidly expanding means of publicity, and are extremely cost effective as they pose no upfront demands. The Restaurant fully intends to take advantage of the aforementioned websites' services, as well as the use of their mobile applications. The immediate successes of such sites can be largely attributed to the increasing demand for instant information access; a call being simultaneously answered by the mobile device industry and the hospitality industry. . Social Networking.The Restaurant will create and maintain and actively managed Facebook page, providing a direct connection to a rapidly evolving market segment. The Facebook page will facilitate the opportunities for establishing a link to a diverse customer base that, used in conjunction with other promotional events, will result in cost-free publicity to, Groups that the Restaurant could identify with, such as organic foods, local arts and Florida historical enthusaists, would incubate business activity through a direct pathway to the consumer. Additionally, a fairly new Facebook feature called Check-In allows users to log their geographic, real-time location, which is then exhibited on their Walls and News Feeds-Facebook components that are accessible to users' friends. Furthermore, the Check-In feature is often incorporated into a promotional offering by the establishment, such as a percentage discount, or complimentary appetizer. Facebook following and Check-In use at present Two Georges, 469 members and 1,559 Check-Ins Hurricane Alley, 446 Check-Ins Boynton Ale House, 627 Check-Ins Bar Louie, 975 Check-Ins Sushi Simon, 197 Check-Ins Dada*, 804 Check-Ins Key Lime House*. 2,707 Check-Ins *Chosen because of their proximity to the towns immediately north and south of Boynton Beach their similar concepts and demographic approaches, and because of their use of historical Florida homes, . Direct Mail Promotion. The Restaurant intends to participate in direct mail advertising on an as-need basis. No more than $6,000/year will be applied toward both the purchase of promotional publication space, such as in Clipper Magazine, and the implementation of gift card distribution--a technique the Restaurant has successfully employed in the past with gift card usage approaching 90%. Direct mail promotion will principally be used to address and remedy sales fluctuations between and during slower seasons. . Promotional Events. In line with the Restaurant's goal of appealing to several demographics while emphasizing a local flair, hosting and participating in scheduled events will be a continual practice, On-site events, such as exhibits featuring local artists, or off-site fundraisers, like the Schoolhouse Children's Museum's Spring Bonanza, will be an essential approach to staying involved in the local community while increasing publicity, IV. Pricing Strateav As previously mentioned, the Restaurant has conservatively formulated the average price of a single seat check during dinner service at $18. In the present market environment, food and alcohol costs account for 28-35% of full-service restaurant sales. The Restaurant projects food costs of 33%, and alcohol costs of 26% while being able to maintain a competitively priced service. Monthly Cost Monthly Sales Variable Cost Monthly Expense Cost Percentage Contribution to Fixed Costs Food: $25,000 $75,000 $8,250 33% $41,750 Alcohol: $4,541 $17,500 $4,450 26% $8,409 Based on these projections, the Restaurant will generate $50, 159/month applicable to fixed costs. All figures are derived from cost-plus pricing while taking into consideration competition- based pricing. However, as the area competition is widely diverse in both concept and fare, an emphasis has been placed on cost-plus pricing to maximize customers' value and, in turn, ensure a returning clientele, Sales and expenses will be analyzed on a weekly basis and menu pricing will be adjusted as need be to adhere to a strict obligation to meet projections, V. Market Segmentation. As previously discussed. the Restaurant aims to have broad range appeal in order to maximize market potential. This will be achieved primarily through the avoidance of geographic segmentation, the recognition of demand patterns in various market segments, and acting accordingly through a series of publicity channels aimed at those various demographics, Because of widely varying economic pockets in the area ($27,134 average annual income per household in the immediate vicinity, $44,671 average annual income per household in Greater Boynton Beach, and $64,859 average annual income per household in Ocean Ridge), a multitude of differing measures can be taken according to these factors. However, price segmentation will be utilized foremost to address the discrepancy in average household income where a wealth of product offerings at varying prices can broaden appeal across one income segment to the next There have been several market segments identified by the Restaurant; each of which will necessitate product differentiation in order to establish a competitive venue, Events like Sunday brunch for Boynton Beach after-church crowds are seldom offered at full-service restaurants, and are going to be a weekend focal point of the Restaurant Similarly, drawing customers across the bridge from Ocean Ridge will demand specified marketing as we attempt to build a customer base in an adjacent, higher-income municipality. The Restaurant also plans to incorporate an early bird menu to appeal to an older market segment. helping capitalize on seasonal trends in the South Florida restaurant industry Furthermore, through the various means of marketing discussed earlier, return clientele from outside of Boynton Beach can be consistently achieved by advertising to niche segments throughout Palm Beach County (i.e, local food enthusiast groups on Facebook), helping the development efforts in East Boynton Beach by adding a destination restaurant that customers are willing to travel to a la Atlantic Ave, (Delray Beach), Ocean Ave, (Lantana), and Lake Ave. (Lake Worth). As with sales and expenses, data from the market segments targeted will be analyzed on a recurring basis in order to ensure the most consistent application of marketing resources. Total Sales Cost of Sales Gross Profit Food Sales Total Food Cost ,Heal ('os I Pork l'o/llrn Seafood ('osl Food Other COSI Product: Cost /Jairr (OSI Beer Sales Beer COSI Wine Sales Wille COSI Liquor Sales Liq/lor Cosl Alch Sales -lIe/' Cosl Total Sales Liq. Beer, Wine Labor Restaurant Ofticc Ki tchen Management Payroll Taxes Benefits/Ins & Meals Total Labor Other Expenses Operating Supplies Public Relations Repairs Maintenance Linen DiscCredit Card Other Dir Opel' (feneral Admin ( lver/Shot1 Telephone Utilities Total Other Exp Control Income 'ion Oper Expense Rent/Repayment Amortization Depreciation Management '\ccounting & Legal Auto lease Building Insurance Total Non Oper Expense Cash End Period :\et Income Taxes Corporate 'iet Net Income 2012 Pct 1,110,000 100.0~',, 372,200 33.5% 737,800 66.5% 900,000 81,1% ~.,~~ - . ~U 92,000 10.20-,,, 20,000 ~.2n,! 40,000 44"" 60,000 " '7"" 40,000 4 A"'" 40,000 4 400 25,000 2.X",.. 10,000 .' .,.,.09% ~1~$t4-~ 90,000 8.1% '4'~i'J~ 70,000 6.3% ~~ ,40,000~, 3;6% ''';~:(~~. 210.0()() 60,000 100,000 125,000 60,000 30 000 j :_(1)0., o (j{J" l) (lOll j 1 jO,,, ~'j ~-: -~ '-r, 40,000 60,000 25,000 25,000 15,000 45,000 3,000 5.000 6,000 60,000 284,000 - I . _.___' -- -~"" --'--~ ' 35,0% ,~~- --- if,-~. , __'_.__ ...:._ , OSCAR'S CAFE 2013 Pct 2014 Pct 2015 Pct 2016 Prt 1,129,50U loo.m.. 1,222,335 100.00'0 1,263,636 100.0"'0 1,306,40'7 Il)O.UU,(! 379,644 33,6% 387,237 31.7% 394,982 31.3% 402,881 30.8% 749,856 66.4% 835,098 68.3% 868,654 68,7% 903,525 69.2% 909,000 80,5% 990,810 81.]% 1,020,534 80.8% 1,051,150 80.50,. \t... ,,:~~ -\l" 93,840 20.400 40,800 61,200 40,800: ''', 40,800 " ."', 25,500 2.?i(!() 10,500 0.9~'o "'_J'-"M~ 94,500 8.4~'0 ,.,:ti ""'Ii..~ 73,500 6.5% .'~:--iI;'li~ 42,000 3.7% ::~l.'11fi;1~ In.}O" 22(l.~1111 :" ..1.0;, hO.OOO .3 hO,., 40,800 .' h"" 41.6111 4" 42,448 43.29" " ~ 4u"1 111.200 " 4"" 112,424 ; [L(: 113,672 114.940 :.30 " 25.500 211,0 III , i(.(, 211,530 27.0hl =-.~o 01 25,500 ", 26.0 III ., 1('(\ 211,530 I" 27,0111 , , 1.4" , 15.300 ,1", 15.6011 I 'l' 15,918 16.236 ~ (, 4 I 45.900 I I', 4h.818 , XO 47.754 41l,709 (1.30'1 3.060 ;,c .\121 J'~ 0." 3,184 3.247 (1 So,,, 5.1lI0 l'i", 5.202 '1-4"." 'd06 5.412 (I,{)O" i dl'" (J So, .1';;;' I 50, 5.4~/o j .4uo S.lo/o s.unl) 25.6% .:.:; 40q 100.000 125,000 hO.OOO 30 000 ") 70/0 "'i.; _ I -- - - - - ~~ '"" -~ --,- 35,0% ., ...." ......:. I. J ';;;"" ~,' '.' q .;;( I ~ i J ..,::::.: , ~', 1l1.201l 'I\I"! \ ,.,'C, 102,000 131,250 111.200 30 600 ! f 1,0,: !' .;; 'F ') 700 ~1!"------_____ ; C) 70~l 97,631 q AO,;) 21.224 42.448 63.672 42,448 ., .' 42,441l ,I ." 26,530 .2 hil,. 11,576 0.9% 1'1lf*' --'''~~ 104,186 8.2% U';~. ,,,............, 81,034 6.4% 1ni~ ~".' --'. 46,305 }. 7~'o f;i~elM. ~ ] (j,(, 1 ')0 . .:. '(0 !) JUn 1 '" . ";'0 .i III '-t.":" I' 2.61~,o '\ qo. :4' 1111 62.424 I fIn" " 11'fI ';:;()I'n 2 5~'o - - ---- 'k~ -- ----- -- -- ~,' --------- 35,ln,o 99,584 21,649 43,29~ M,9411 43,297 ; I", 43,29; . , 27,061 c.,,",, 12,155 0.90.." ~,;:~1:ll- 'ili,~ 109,396 8.40'0 tt';f" "'~ 85,085 6.5% t'l()f"" ":~ 48,620 3.70'0 ,y.~~'Ai~N% q '::;0". .~ I 0 " : I"" ':;:\~';I " .;;" 63.6"'] II" ~ I)"" Ill. .1' 5.00,'0 -- ~-- ~ ---~~ ----~~ 35.1Y~o ~-- "-- - - ._~--- - Simon, Michael From: >ent: To: Subject: Jordan Chussler Uordanchussler@yahoo.com] Wednesday, August 03,2011 4:46 PM Simon, Michael Re: FW: August Meeting Hi Michael, Out of the office today and tomorrow. But I'll get to a computer as soon as I'm home tonight, review everything, and get back to you as soon as possible. Thanks, Jordan "Simon, Michael" <SimonM@bbfl.us> wrote: >Hello Jordan: > > > >Attached are several observations/questions raised during the financial review of the documents provided to the CRA on behalf of the Chussler Group. Please take time to look over the observations and we would like to ask for the additionally identified documents. Although they may not be something readily available, please determine if they are documents you are Nilling to provide in the near future. Additionally, staff will be attempting to translate this review to the CRA Board which will no doubt spawn questions regarding the identified information. I would recommend that you be prepared to address these identified items and detail your business plan to the Board as best you can. > > > > I wanted to get this information upon its completion as quickly as possible. I look forward to speaking with you tomorrow. > > > > Respectfully, > > > > Michael Simon > > Development Director > > Boynton Beach CRA > >915 S. Federal Highway > > Boynton Beach, FL 33435 > 1 ~~~qY~T8~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: August 9, 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 Tenant Options for Jones Cottage SUMMARY: At the June 14, 2011 CRA Board meeting, the Board directed The Chussler Group and Sandra Gagne, the prospective tenants for future CRA restaurants to produce financial documents to begin the negotiations of leases. The prospective tenants were directed to deliver the documents to CRA staff by June 30th. Both parties advised they would need additional time to gather the documents. The Board granted an extension until July 26th. To date, staff has not received the requested financial documentation from Ms. Gagne. She did send an e-mail requesting additional information after the deadline that staff responded to (see attached e- mails). Due to the public investment by the Agency, it is prudent to analyze the business that would be leasing the property. The same analysis is done for the Agency's Rent Subsidy and Tenant Build-Out programs and the public investment is substantially less, The intent is to ensure that the business has a better than even chance of success and that the public funds are not lost. Staff was directed at the July 2011 Board meeting to continue to pursue the design of the restaurant and to determine if there were other interested parties in the Cottage. Staff issued the work order to REG for the interior design which is almost complete. Staff reached out to the parties who responded to the original proposal. Three have responded that they would be interested and a new party has come forward as well, Based on the interest in the property, staff is recommending that the Board end negotiations with Ms. Gagne, legally notice the availability of the property for lease under the following terms: 1. Lease Term: 5 years with 10 one year options to renew 2. Rent: Year 1 - Rent abated Year 2 - $5 ft. plus taxes and insurance. Years 3 - 152% increases in rent through year 5, thereafter review of market rents to reset per sq. ft. price 3, CRA will match up to a maximum of 50% of Interior Build-out Costs for financially viable tenant (interior build-out is approximately $300,000), FISCAL IMPACT: To be determined, CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan C:IDocuments and Settingslutterbackt\Local Settings\Temporary Internet Files\OLKD1\Jones Cottage Tenant.doc ~' ""'~ " "'''''''''". .. .'.. .~, ""'"''',.,,''''''' ' ~~~qY~T2~~CRA . East Side-West Side-Seaside Renaissance RECOMMENDA TIONS/OPTIONS: Staff recommends that the Board end negotiations with Sandra Gagne and legally notice the availability of the structure for lease under the above referenced terms, ..-L~ Vivian L. ooks Executive Director ---' , ~ .H' u_,..H__,,__~.\1 ^_~I C:ott;nnc:IT4>mnnmrv InlAmAI FilASIOLKD11Jones Cottaoe Tenant.doc Page 1 of2 Brooks, Vivian From: Brooks, Vivian Sent: Thursday, August 04, 2011 10:36 AM To: 'soleiI33@aoLcom' Subject: RE: requested information Hello Sandra, 1. The CRA will be leasing the building to you. There is no lease drafted yet. We were hoping to get some desired terms from you, Le,; years, rate, etc. that could be presented to the Board along with your financial capacity to carry the lease and operating expenses through the lease term, 2, I spoke to the Board's attorney and he advised me that the Board's vote to select your proposal carried as much weight as a Letter of Intent therefore a Letter of Intent was not necessary, We are a public entity not a standard private commercial landlord, 3, At the July Board meeting the Board directed me to determine if there was others interest in the property, was not directed to take proposals, 4, The credit report is part of the financial review to determine the feasibility of your business plan. The Agency is investing the bulk of the money into the project is wants to ensure that the business has a better than even chance of success, The other proposer had to produce the same documentation and did so, There is a Board meeting Tuesday, August 9th where this project will be discussed You may wish to attend if you are able, Please call if you have any questions, Vivian Brooks Executive Director Boynton Beach CRA 561-737-3256 brooksvi@bbfLus From: soleil33@aol.com [mailto:soleil33@aol.com] Sent: Wednesday, August 03,201112:14 PM To: Brooks, Vivian Subject: requested information Good Morning Vivian, I would like to follow up regarding my previous email where I have expressed some concern about producing additional information to the CRA as I am unclear to the direction of the Ruth Jones Cottage project. In a normal LandlordlTenant situation I would engage with the landlord and offer a business proposal and then determine if the space/location was a good fit and review the terms of the lease, If after all that I was still willing to go ahead with the project I would then negotiate the appropriate terms of the lease to a mutually agreed upon resolution, At that point the Landlord would then request what ever financials they felt were appropriate, Therefore, would it be possible to receive some information so that not only can I provide you with accurate information but also allow myself to do my own due diligence to determine if this project is best suited for me and my business model. 8/4/2011 Brooks, Vivian From: solei/33@aoLcom Sent: Wednesday, August 03,2011 1214 PM To: Brooks, Vivian Subject: requested information Good Morning Vivian, I would like to follow up regarding my previous email where I have expressed some concern about producing additional information to the CRA as I am unclear to the direction of the Ruth Jones Cottage project. In a normal LandlordfTenant situation I would engage with the landlord and offer a business proposal and then determine if the space/location was a good fit and review the terms of the lease, If after all that I was still willing to go ahead with the project I would then negotiate the appropriate terms of the lease to a mutually agreed upon resolution, At that point the Landlord would then request what ever financials they felt were appropriate, Therefore, would it be possible to receive some information so that not only can I provide you with accurate information but also allow myself to do my own due diligence to determine if this project is best suited for me and my business model. 1, What is the structure of the tenant agreement? Is it a "Lease" or a "Business Incubator", In either case is it possible for me to review the proposed documents in efforts to understand the full scope of my commitment. 2,} Would it be possible to receive a Letter of Intent from the CRA for my own application process noting that the CRA voted for my concept on October 12th, 2011 and in good faith will enter into successful lease negotiations. 3,} Are you taking additional bids on the project at this time? 4,} I do have hesitation at this time offering my credit report, It is my understanding that once it is submitted it becomes public record, The "201 Trading Post" would be set up as a corporation I would like to seek further consultation prior to making a final decision on submitting that information At this time I am currently employed in a management position with a multi-unit Restaurant & Catering Business I apologize if I am not always readily available to answer phone calls or immediately produce documents, I hope you understand that it is important to me to maintain a sense of professionalism and loyalty to my current employer not only to protect my interests but to respect my theirs. Respectfully, Sandra Gagne Page 1 of 1 Brooks, Vivian From: Sent: To: Cc: Subject: Brooks, Vivian Friday, July 29, 2011 3:22 PM 'solei/33@aol.com' Simon, Michael Ruth Jones Cottage Tracking: Recipient Delivery 'soleil33@aol.com' Simon, Michael Delivered: 7/29/2011 3:22 PM Hi Sandra, I spoke to the Mayor today and he told me he spoke to you and that you needed some information from Mike and I in order to provide the required documentation to the eRA What specifically do you need from us? Thanks Vivian L Brooks Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 brooksvi@bbfl,us 8/4/2011 .<' ~~--"" -~.,.-, ~~~~Y~T8~ eRA iI East Side - West Side - Seaside Renaissance MEMO Date: July 28,2011 To: Jim Cherof, CRA Board Attorney From: Michael Simon, CRA Development Manager CC: Vivian Brooks, CRA Executive Director Susan Harris, CRA Finance Director Re: Ruth Jones Cottage - Proposed Tenant Correspondence - Sandra Gagne Mr. Cherof: As requested in your email to Susan Harris dated July 26,2011, attached please find hard copies of email and project correspondence between the CRA and Ms, Sandra Gagne, Additionally enclosed is a cd with a pfd version of the hard copy documents, If you have any questions ?r need any additional information, please do not hesitate to contact us. 915 South Federal Highway, Boynton Beach, FL 33435. (0) 561- 737- 3256, (F) 561-737-3258 Page 1 of 1 Simon, Michael From: Harris, Susan Sent: Tuesday, July 26, 2011 9:41 AM To: Simon, Michael; Brooks, Vivian Cc: Utterback, Theresa; Jim Cherat; Cherat, James Subject: FW: Ruth Jones Cottage Mike and Vivian, Please see Jim's email below. Theresa will start working on the minutes. Since I don't have any correspondence and was not in the meetings, Mike will work on this in your absence. Susan Susan Harris Finance Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Tel: 561-737-3256 Ext 203/Fax: 561-737-3258 Email: HarrisSu@bbfl.us From: Jim Cheraf [mailto:JCherof@cityatty.com] Sent: Tuesday, July 26, 2011 8:21 AM To: Harris, Susan Subject: Ruth Jones Cottage On 10/12/10 the Board accepted the proposal of the Trading Post to operate in the Ruth Jones Cottage. Please send me copies of all correspondence between the eRA and Sandra Gagne since that time as it relates to the proposed business operation. Additionally, if there are minutes from meeting with SG and "CRA members, KL Construction and REG Architects discussing design and interior build out, schedule and process of the project" (quote from her 7/12 email to staff and Board members) I'd like a copy. I'm following up at the Chair's request on her 7/12 email. Thanks. James A. Cherot GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Broward (954) 771.4500 x 304 Palm Beach (561) 276-9400 x 304 Fax (954) 771-4923 Email: icherot@citvattv.com www.citvattv.com Offices in Fort Lauderdale and Delray Beach, Florida. From: soleiJ33@aol.com Sent: Tuesday, September 21. 2010 9:46 AM To: Brooks, Vivian Cc: Holzman, Steven Subject: Cottage Proposal Attachments: The_ Green_House[I].doc; Cottage Menu sept-20lO.doc; Cottage Pro-fonna.xlsx Dear Vi~an, Please find attached three seperate attachments that represent my propsal for the Ruth Jones Cottage, I do realize the deadline was yesterday.,howewr I am still submitting the proposal with the hopes that you will consider still excepting my proposal. As I feel I haw a good concept that would really help to vitalize the Ocean Ave strip, Thank you in advance for taking the time to review" and I look forward to hearing your feedback Sincerely, Sandra Gagne From: Brooks, Vivian Sent: Tuesday, September 21,2010 11:05 AM To: 'soleil33@aoLcom' Cc: Hol2man, Steven Subject: eRA Meeting - October 12 Hi Sandra, the Board would like a 10 minute presentation from each proposer at the next eRA Board meeting, October 12th at 6:30 pm in Commission chambers. Please call me if you haw any questions. Thanks. Vi\Aan L. Brooks Assistant Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 brooks\A@bbfl.us "Energy and Persistence Alter All Things." Benjamin Franklin J.. Simon, Michael From: Denise Cravy [Denise@regarchitects.com Sent: Friday, May 06,2011 4:36 PM To: Simon, Michael; soleiI33@aol.com; Vlad Dumitrescu Subject: 09014,8B_BB CRA - Tenant Build-out Meeting Minutes 001_05,03.11 Attachments: 090148B_BB CRA - Tenant Build-out - Meeting Minutes 001_.05,03 11.pdf Good Afternoon, Please see attached Meeting Minutes 001, Have a nice weekend Thank You, ',n,'IIISI' " (', /')'\f AS,q,-tOllt I'll?"','/' ,'ht<lIl<t~l'" _~n7 E, <:-Im" 0;,11("..1 .ltb f-It \\'("1 P,)lm B.:-.Kh fL {{~O] ~61.b<'(l >'-1":0,. .'-l 5616:'>9 .""~6 ;': dt"n1'\,("'i~ fr~"i1h'hl1t~( t., "PHl .)\",.w n~l1iUcfllt.:-ct' ,.Oln Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed, If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited, If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank. Thank yOU. REG ARCHITECTS. INC. ARCHITECTURE * INTERIOR DESIGN * PLANNING DATE: May 03,2011 PROJECT No: PROJECT: 09014.8B Boynton Beach CRA - Tenant Build-out TO: Meeting Attendees FROM: REG Architects, Inc. MEETING DATE: May 06,2011 MEETING ATTENDEES: Michael Simon (MS) Boynton Beach CRA - Develop. Director Sandra Gagne - Restaurant Owner 1 Tenant Rick Brown (RB) KaufmanLynn - Project Manager Vlad Dumitrescu (VD) REG Architects-Senior Designer Denise S. Cravy (DSC) REG Architects-Project Manager NEXT MEETING DATE: May 09,2011 @ 4:00 PM RE: Design Meeting 001 ITEMS DISCUSSED: Item Date No. Item/Issue Description Action By Required Complete 1 General: 1. (SG) is to provide an inventory of equipment and SG ASAP lighting to REG. 2. The budget has not yet been detennined. 3. (SG) Expressed that the restaurant should have a train station ambiance. 4. A fire sprinkler system is not required per FBC 903.2.6. 2 Site / Utilities: REG ASAP 1. The grease trap location should be determined. 2. The location of the gas line should be determined and brought to the building and capped for the future build-out. 3. It should be determined what type of power is available. 4, A generator disconnect should be located. / -- --.. ~~-.:..~..~\ _.....,.1 307 Evernia Street, 4" F1F' i-:'~~.-, '~~Im Beacb, FL . \"" 1\ Pbone: (561) 659-' 83 i~~~x: [,161) 659-5546 w w w ref arc b Jl e c ~f 5';' , /'.;'. ' A A 000244 7 J I ,\ 'I : ~~-~.~-:?_; EST. 1988 33401 Date: May 06. 20] I Project Name: Boynton Beach eRA - Tenant Build-OUl REG Project #: 090] 4,8B Page 2 of .3 r--p- .- 3 Structure: j i (VD) Explained I j raised and pI' ! efficient design iDSC) has cons and verified that - 4 Porch: I Bench seating perimeter of the 1 In addition H _. accommodate sp 5 Floor Plan: I (VD) Explained a restroom, This on the interior 0 2. The walk-in coo interior side of t i Folding doors explored, 4 There will be a equipment unde 5 It was suggested both sides of the 6 A large commu the bar. 7. A display case s () r the bar. H. A cashier should the bar, Y. The coffee / bev the NW comer 0 10, The ice machin outside of the ba 130 Ib capacity i 6 Equipment: 1. The exhaust ho purchased new, 2 The dishwasher items, "' All other eqUIp used. REG that the ceiling height could be ovided (3) options, The most would be a coffered ceiling. ulted with the structural engineer this can be accomplished. -------r---- (m-go;ng I I REG On-go;ng ~--- should he located along the west porch. ) lighting. the porch should eakers REG On-going the plan changes and addition of will allow for more than lO seats f the restaurant. leI' door should be located on the he bar. at the west entry should he high har counter and moveable meath. that wine storage he located on large window. nal table should be located next tll hould he located at the west end be located at the SW comer 01 erage station should be located at f the bar. e could be located in a location 1', with an ice bin inside the bar, A ce machine should be sufficient. Kaufman od and walk-in cooler must be Lynn REG and ice machine are leasable I SG) ment can be purchased new or I ,..L,__.__ 307 Evernia Street, 4" FJt~.~~'t;lalm Beach, FL 33401 Phone: (561) 659-~f83 '/';i:"x: (561) 659-5546 ~LU~_~,.u..b I t e c ~~, r.'f.i~,i , A A 0002447 ! EST 1988 On-going ___L___ Date: May 06, 2011 Project Name: Boynton Beach CRA - Tenant Build-out REG Project #: 09014.8B Page 3 of 3 7 Fireplace: 1. The fireplace opening is to be located on the exterior side of the porch. 2, Gas power should be considered, (MS) explained the concern for firewood storage and maintenance. 3, The interior view of the chimney should be a decorative feature. It was suggested by (MS) to retain the mantle on the interior side. 4, It was suggested by (SG) to have interior wall sconces on both sides of the chimney. REG On-going 8 Finishes: 1, (VD) Suggested that the bar countertop be a solid surface material, requiring less maintenance, 2, The front entry doors could be folding doors or a combination of (3) panel windows and folding doors. 3, It was suggested by (MS) that the existing wood panels be used as accents at the bar, large window bar and restroom as wainscot. REG On-going 9 Lighting: 1. (SG) Indicated that she owns light fixtures that can be utilized within the restaurant. 2, Gas powered lighting should be considered. REG On-going NOTE: The above is the writer's understanding of the items discussed and agreed to, If any attendee has a comment, correction, deletion or addition, contact the writer at (561) 659-2383, so an amendment to these minutes can be issued. 307 Evernia Street, 4" Flt'~~~:;::4lm Beach, FL 33401 <1." . \ Phone: (561) 659-'183 / ~'\x: ~'61) 659-5546 www.r '.' i}\:", j' AA 0002447 ~' ~\--- ',/ ) EST. 1988 , al'.' Simon, Michael From: Denise Cravy [Denise@regarchitects.com] Sent: Tuesday, May 10, 2011 5:46 PM To: Simon, Michael; soleil33@aoLcom Cc: Vlad Dumitrescu Subject: 09014,8B - BB CRA Restaurant Build-out - Progress Attachments: HCT _A-1 ,01 ,pdf Hi Sandra, Please see attached floor plan, Do you have the sizes of your existing equipment available? If you have any questions or comments, call or email at anytime. Thank You, ',n"llf'.''' .\. ( 'Ii\'\! ,.4S51~t(l1/f '1"01<.'" :^'(lIlllt't" ~07 EV('flll;1 :':>U('!"l .llb Fh \V (''', I P;llm B"",Kh fl ; "lOl ~61 6>'> '';1>'; ~ _',~ 561-659,":' -l(' cl("u''':A "'fil,,,I,,,,., 1', ,Oil' :,,,,,vw l('rilldll!('Ch ,',.Ill Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it IS addressed, If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank, Thank you. Ejjz J It I Ii'. I, \1 I'~~,~ t ' ~--~tti: ! I__ 'I 'I'~" , ," , .~, " 'I I : ".n~T-nn. : ii' "l '_it r: :'1 I' ' n'- . 1 A, ~~. ,!O ,/ " ", n ' ~i i .--./'" / \ -........... "-)~I :' ~ ,/ " " ,) , ,-,,/ / \ ........~ [ - / '\ (r-- ....' ,00/ ,\CJ// '\, : U\ / " ~' - '~/ ~ _ _-A. ,~ ( .-<0= i' II 'I 'I \ II .-1. -n r () () ~ -0 r !> Z If .1 ~ ii CUi- ,J >~l ~ J!!;;~IIi1!~~nit~~ I 'i. [(]~: i~~::lg6igJ~ ..:- a ~ ;II.;II'li \ E ~~ l? z~~ 1';-< 8~ ~ 11!IU.:,!il,; ~ ~ 2 ~ I>' ~i ~~~~~~ ;; I, .;. 5 ~ ~ ~ g I> I> I> ~ \ ~ a:: ~Hi B :;::131 U H~ ~i~~~ ~:;m -~ \........ ~ .. "'()I"l~ ~ ~;-~~ ~~ :::y, ~ ... '- ~ "'~ ;::;;.- l/lloj.. II ~II' Ii ~il "'B'.l.' i- . : z ". j' ,'''' :f~ /.. I~ ,I) .1) <; ~J , 0 T I~ ! ~~"I! I~.I.~ I,.~ ~ ~ ' ~ ~ 1:;1 I ' , , 'I i< 0, . I~ I ~ I~ I' ",. . & ~ ~ ~ I~ -':"-:=~-r , . ~ rr . If]:' I "II tc- fi j IT ,J)ii :~Il ','I 1, ) :h Ii ~ 11 ~ ':-?- ;i--- I ml":".p,-::"",' '". ' 'I ! -~ t .", ~ : ! "" Ji IL___H~~ , ,'" l' '(" , 1,11,1:. J t"" T T" " rt~Wr ,~ . ," ~ 'Ii [:1 Ojl I~ ~~~~~~I,II S. t;:'<::>~::x:.., ~~ g~fii("")(;l~ ";~ ....., > : ~,P~~ ~8- ;;:ftt ' I, - 0 1\ '" Iii It ~~ :hr~J) ~~~ I I' ~f . ..' ~~;~ Page 1 of 1 Simon, Michael From: soleil33@aol.com Sent: Friday, May 27, 2011 5:58 PM To: Denise@regarchitects,com; Simon, Michael; vlad@regarchitects,com Subject: Re: 09014.8B_BB CRA - Tenant Build-out 05.26,11 Hi Denise, Mike and Vlad Thanks for the update,.. I do have some questions and concerns.., As soon as I get home, I will send a more detail list. I believe they are minor issues but I do see some steps of service conflict. Overall I am very happy with the overall design... and think we are very close. Hopefully my suggestions will be minor changes and we can finalize this portion of project very quickly. Mike as a side note.., I do hope you will share with the CRA that they are really accomplishing some great community goals. As I was talking to my next door neighbor about the project, I come to find out that it was their company who was hired to do the tree removal on the cottage and parking lot property. Thank you for making a difference already with two family's in Boynton Beach. I am really looking forward to being a part of the revitalization of Boynton Beach as it has been my home for over 15 years, I was hoping you would keep in the loop as to when the cottage was going to be moved, I have passed by the last couple of days on the way home and have seen all the progress. It is very exciting..and has really motivated me, Thank you again, and I really look forward to working with everyone. Have a great Holiday Weekend!!! Sincerely, Sandra -----Original Message----- From: Denise Cravy <Denise@regarchitects,com> To: Simon, Michael <SimonM@bbfl.us>; soleil33@aol.com <soleiI33@aol.com>; Vlad Dumitrescu <Vlad@regarchitects.com> Sent: Fri, May 27,2011 5:06 pm Subject: 09014,8B_BB CRA - Tenant Build-out 05.26,11 Hi Michael and Sandra, Please see attached Option 2, Let me know if you have any questions or comments, Have a great holiday weekend! Thank You, 'n.-,ll.H;' S, C'tO'Y .Ass 15'.'11 t PI I~Jt,.:t :Mtlll a,tl", 307 EVe-fUll! SIl('('1. 4th Fh WC'~l Palm Be-licIt FL H~Ol 561.6S9..~~S3 l(;-1 , 561.6:,9-~546 k-IU\(,:~ It''flllrdnr''''l', ('0111 www rcgafclulcch COli} Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed, If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank, Thank you, = 7/27/2011 "-\.-~~ 1 ' ~~ n'; , I L LeE ;'lW';' 1[-:"" , t "'" f' J - j -hI _ ~--_~~__lh.=L_' -.c.." 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SCALI< 0IAW!i CHI!lml lUll.. @Ji" '1l--AY1",;t!! :,If.r1" OS( DSCJRI'{l OIXllUe: FLOOR PLAN 0PI10N 2 "111m1.~ rro.ooJff"; A-l.Ol-2 Page 1 of2 Simon, Michael From: Simon, Michael Sent: Tuesday, May 31, 2011 9:33 AM To: 'soleiI33@aol.com' Subject: RE: 09014.8B_BB CRA - Tenant Build-out 05.26,11 Thank you for your comments Sandra. Look forward to obtaining your items for additional analysis and design tweaking. The cottage is tentatively scheduled to be moved tomorrow morning at 9am but I haven't received final confirmation from the builder yet. Despite a few speed bumps, the project seems to be well supported. That corner will look much different 8 weeks from now. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(56l) 737-3258 simonm (Cj).bb/J. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U,S,C, ~~ 2510- 2521 and is legally privileged, The information contained in this E-Mail is intended only for use of the individual or entity named above, If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited, If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: soleil33@aol.com [mailto:soleil33@aol.com] Sent: Friday, May 27, 2011 5:58 PM To: Denise@regarchitects.com; Simon, Michael; vlad@regarchitects.com Subject: Re: 09014.8B_BB eRA - Tenant Build-out 05.26.11 Hi Denise, Mike and Vlad Thanks for the update... I do have some questions and concerns... As soon as I get home, I will send a more detail list. I believe they are minor issues but I do see some steps of service conflict. Overall I am very happy with the overall design.., and think we are very close. Hopefully my suggestions will be minor changes and we can finalize this portion of project very quickly, Mike as a side note,.. I do hope you will share with the CRA that they are really accomplishing some great community goals. As I was talking to my next door neighbor about the project, I come to find out that it was their company who was hired to do the tree removal on the cottage and parking lot property. Thank you for making a difference already with two family's in Boynton Beach, I am really looking forward to being a part of the revitalization of Boynton Beach as it has been my home for over 15 years, "7/"1"7/"1f) 1 1 I was hoping you would keep In the loop as to when the cottage was gOing to be movea tlave passed by the last couple of days on the way home and have seen all the progress it IS very exciting ,and i-]as really motivated me. Thank you again, and I really look forward to working with everyone Have a great Holiday Weekend!11 Sincerely, Sandra -----Original Message----- From: Denise Cravy <Denise@regarchitects,com> To: Simon, Michael <SimonM@bbfl.us>; soleil33@aol.com <soleiI33@aol.com>; Vlad Dumitrescu <Vlad@regarchitects.com> Sent: Fri, May 27,2011 5:06 pm Subject 09014,8B_BB CRA - Tenant Build-out 05.2611 Hi Michael and Sandra, Please see attached Option 2, Let me know if you have any questions or comments Have a great holiday weekend! Thank You, ..n"III"'"" (, II \'\f ,,.t\SI'ehlJ/t P, ,,!.''-' :f>la ~I <l~'" I -07 I:~t'rIIH1 ~IH'<'{ ,llh III \\'t",l P31m B",~dt Fl ,q(lJ <"61 .6:-.0-.~ .q..;.o: x '~ )6] 6:'9 ":',lC, c1~IU'~("':~ J(""~'iH'i..1Hte'( t. f.. (\111 , W'",' w n~l? al dll t<:c {, C "'III Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited, If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank, Thank you, = Page 1 of2 Simon, Michael From: Simon, Michael Sent: Tuesday, May 31, 2011 10:21 AM To: 'soleiI33@aol.com'; Denise@regarchitects.com; vlad@regarchitects.com Cc: 'Richard Brown' Subject: RE: 09014.8B_BB CRA - Tenant Build-out 05,26.11 Hello Sandra: Just a side note, please get your items of concern (suggestions) to Denise and Vlad at your earliest convenience in order that they make any changes necessary as we approach the June 14th Board meeting. Thanks. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(561) 737-3258 simonm (ii),bbfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U,S,C, SS 2510- 2521 and is legally privileged, The information contained in this E-Mail is intended only for use of the individual or entity named above, If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: soleil33@aol.com [mailto:soleil33@aol.com] Sent: Friday, May 27,2011 5:58 PM To: Denise@regarchitects.com; Simon, Michael; vlad@regarchitects.com Subject: Re: 09014.88_BB eRA - Tenant Build-out 05.26.11 Hi Denise, Mike and Vlad Thanks for the update... I do have some questions and concerns... As soon as I get home, I will send a more detail list. I believe they are minor issues but I do see some steps of service conflict. Overall I am very happy with the overall design... and think we are very close, Hopefully my suggestions will be minor changes and we can finalize this portion of project very quickly, Mike as a side note... I do hope you will share with the CRA that they are really accomplishing some great community goals. As I was talking to my next door neighbor about the project, I come to find out that it was their company who was hired to do the tree removal on the cottage and parking lot property. Thank you for making a difference already with two family's in Boynton Beach, I am really looking forward to 71?7nflll d'al21 being a part of the revitalization of Boynton Beach as It has been mv home for over 15 year!', I was hoping you would keep in the loop as to when the cottage was going to be moved I have passed by the last couple of days on the way home and have seen all the progress, It is very exciting. .and has really motivated me. Thank you again, and I really look forward to working with everyone. Have a great Holiday Weekend!!! Sincerely, Sandra -----Original Message----- From: Denise Cravy <Denise@regarchitects,com> To: Simon, Michael <SimonM@bbfl.us>; soleil33@aol.com <soleiI33@aol.com>; Vlad Dumitrescu <Vlad@regarchitects,com> Sent: Fri, May 27, 2011 5:06 pm Subject: 09014,8B_8B CRA - Tenant Build-out 05.26.11 Hi Michael and Sandra, Please see attached Option 2, Let me know if you have any questions or comments. Have a great holiday weekend! Thank You, ',nellI.'.' S'. (, II "\1 ,lsSL'ttdlll TI ,'t.', t :"" ,/1/ ,[..';rel ,:;(11 EH'rmo ~1lt:'r'lllh lit \\,,,,.,( Pi~lm Bt'ildl ~ 1 ",HJl <"61 6"0 .'.(}:, ~ .',1 561-6"9, ." "4(, 1C"1ll\C".'<? '''~''\h'II1I''cl' "'111 ......'''.w l('gillcllll<:Cl' COllI Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and ;s intended only for the person or entity to which it is addressed, If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited, If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank, Thank you. = Page 1 of2 Simon, Michael from: Simon, Michael Sent: Tuesday, May 31, 2011 11 :31 AM To: 'soleil33@aol.com' Subject: RE: 09014.8B_BB CRA - Tenant Build-out 05.26,11 Hello Sandra: The move has been postponed and will not take place tomorrow and not likely this week. I'll keep you posted. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(561) 737-3258 simonm ((j)bbfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U,S,C, 992510- 2521 and is legally privileged, The information contained in this E-Mail is intended only for use of the individual or entity named above, If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited, If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: soleil33@aol.com [mailto:soleil33@aol.com] Sent: Friday, May 27, 2011 5:58 PM To: Denise@regarchitects.com; Simon, Michael; vlad@regarchitects.com Subject: Re: 09014.88_88 eRA - Tenant 8uild-out 05.26.11 Hi Denise, Mike and Vlad Thanks for the update,.. I do have some questions and concerns... As soon as I get home, I will send a more detail list. I believe they are minor issues but I do see some steps of service conflict. Overall I am very happy with the overall design... and think we are very close. Hopefully my suggestions will be minor changes and we can finalize this portion of project very quickly, Mike as a side note... I do hope you will share with the CRA that they are really accomplishing some great community goals, As I was talking to my next door neighbor about the project, I come to find out that it was their company who was hired to do the tree removal on the cottage and parking lot property. Thank you for making a difference already with two family's in Boynton Beach. I am really looking forward to being a part of the revitalization of Boynton Beach as it has been my home for over 15 years, I was hoping you would keep in the loop as to when the cottage was going to be moved, I have passed by the last couple of days on the way home and have seen all the progress. It is very exciting,.and has really motivated me. '7/")'7 /,,)fl 1 1 Thank you again, and I really look forward to working with everyone Have a great Holiday Weekendll! Sincerely, Sandra -----Original Message----- From: Denise Cravy <Denise@regarchitects,com> To: Simon, Michael <SimonM@bbfl.us>; soleil33@aol.com <soleiI33@aol.com>: Vlad Dumitrescu <Vlad@regarchitects,com> Sent: Fri, May 27, 2011 5:06 pm Subject: 09014,88_88 CRA - Tenant Build-out 05.2611 Hi Michael and Sandra, Please see attached Option 2, Let me know if you have any questions or comments. Have a great holiday weekend! Thank You, 1~"IIH,' " (, ,/ \'\1 AS:>I.ddJlt 1', ,>f.','t .:I\I<lI/tl~'''' .'07 E. ('1111<1 ~II ~..I ,lth fIT \\'t'~[ P",lm Bc',\ch I L '<,l<Jl )61 6.)n ,>"'~;;:v~ l.~ 561 6:'9, ":q(y d"'ll~<"<l I t"~'''''' h"'-,'T', "'lll ,\\"\\'W rc-g,lIc1l1t~'ct~ COlli Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed, If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited, If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank, Thank you. = Page 1 of 1 Simon, Michael From: soleiI33@aol,com Sent: Tuesday, May 31, 2011 11 :40 AM To: denise@regarchitects,com; vlad@regarchitects,com; Simon, Michael Subject: question re: revised floor plan Good Morning Denise, I hope you had a good holiday. I have a couple of questions/thoughts. 1.) I noticed that the sandwich station was moved to the South wall. Was there a reason for this? I like the original position as if you were making sandwiches you did not have your back to the guests, These are all moveable items so in the end as long as there is proper electrical outlets. 2,) What is the size allocated for the beverage station. I will have a coffee grinder, coffee maker, ice tea maker and a cappuccino/espresso maker. 3.) Could you please tell me what the distance is between the prep table and the range? 4,) The location of the dishwasher is not desirable..,as it is in plan view of the guest and next to the range. Maybe an under the counter dishwasher is the answer..or perhaps not one at all, 4,) I really do not care for the closet. Could it be on the inside of the bathroom, I would much rather have the wall with shelves for merchandise and or the stools which create $. Ideally I would want to put a piece of furniture like a dinning room hutch with drawers, (similar to the one I had a photo of on my presentation board). 5.) It would seem to me that the mob sink and ice machine would be better of on the opposite wall, backing it up to the bathrooms since they require plumbing. I would think it be more cost effective, Other than that... everything looks great! Thank you for your time and I will/ook forward to hearing from you. Sincerely, Sandra 7/")7/")(\11 .. ~j Simon, Michael From: Denise Cravy [Denise@regarchitects.conll Sent: Tuesday, May 31,2011 313 PM To: soleiI33@aol.com; VI ad Dumitrescu; Simon, Michael Cc: Richard 8rown Subject: RE: question re: revised floor plan Attachments: 09014,88_88 CRA - A-1 ,01-2.pdf Hi Sandra, Please see responses below in red Let me know your thoughts on the attached plan. A few things to note: 1. See attached modified plan, 2, The bar has shifted north to allow more room between appliances and equipment. 3, The range must remain in place. This portion of wall infill will be of non-combustible materials, otherwise the range would need 18" clearance from the structure. Thank You, 'f)"Il'-'" ':.. e'ln'\{ .-\sSI.'.f(11/t P, 0/."" .'I\tcllla~l"l ,;;07 E\ (:'Imil :'.nC'l"1 ,1111 fh \\'''',1 P...lm B"..lCh fL J Qol ~61.6~(J }';1', x .',1 5616:'9 :,:'.l(, ".. ~ .{1~Ju',,~~~ 1't"'f.~"'Hch"f'''( T' (OUJ ,\'\",." lC'F'all:(ll!('ct, COlli Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited, If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank, Thank you. From: soleil33@aol.com [mailto: soleil33@aol.com] Sent: Tuesday, May 31,2011 11:40 AM To: Denise Cravy; Vlad Dumitrescu; simonm@bbfl.us Subject: question re: revised floor plan Good Morning Denise, I hope you had a good holiday. I have a couple of questions/thoughts, 1,) I noticed that the sandwich station was moved to the South wall. Was there a reason for this? I like the original position as if you were making sandwiches you did not have your back to the guests, These are all moveable items so in the end as long as there is proper electrical outlets, See attached 2,) What is the size allocated for the beverage station, I am showing a 30"x48" in the attached plan will have a coffee grinder, coffee maker, ice tea maker and a cappuccino/espresso maker 3.) Could you please tell me what the distance is between the prep table and the range? + I, 3 -8 i am showing a 36" deep range Page 2 of2 4,) The location of the dishwasher is not desirable,.,as it is in plan view of the guest and next to the range. Maybe an under the counter dishwasher is the answer..or perhaps not one at all. Due to the location of the door into the walk-in, the previous plan reviewed at the meeting does not work quite the same. What do you think of the dishwasher by the hand sink? 4,) I really do not care for the closet. Could it be on the inside of the bathroom. Yes, see attached.. I would much rather have the wall with shelves for merchandise and or the stools which create $. Ideally I would want to put a piece of furniture like a dinning room hutch with drawers. (similar to the one I had a photo of on my presentation board). See attached. I suggest we keep the front door locked and unusable, This way we can provide display around the window for bottles and such, 5.) It would seem to me that the mob sink and ice machine would be better of on the opposite wall, backing it up to the bathrooms since they require plumbing, I would think it be more cost effective. The reason for the location is because it is shielded from the public w/a lattice structure, These items can be reconfigured, Other than that... everything looks great! Thank you for your time and I will look forward to hearing from you, Sincerely, Sandra 7 f'} 7 /") ()1 1 ~~I ." ~ _5 ~r O~ C5~ ~~ ~~ t-.) ~\ \ , J ,\-" . r ,\) ;, ~ 1\ I~] 7 \ ' II) , D \ (~ \t " ' ; ~, r./-~~ ~-~- In .\-~~. ,~.";;.' " . 1....:::1=, g,: " 0 E; n i ~ , ;1, ==1:=1\: ~D' '." " '~ . j: ~"'. .... ~ ..::xl --- - -~ -.----------- ;P1l\' I\ll m~~~uli i ~llllli' '"II ~.. . ~' l ',-,.. 'l~'l .".> " , ! "'. " i~ 'I' ", ~' ' i' ~i ~~ i t l~ ~ II 'l 1\ !\ii! in. r. i~ ~ ~~!, ~i ~sbl ~ ~ ~i I I. i~ ~h~~ v il ~ ~ lit 'f~ Hit \ ~ ~ tr~'~ I ~~l , i ~----- - i~ U e~~~~~I'! 1(>'" g~i5~('}o l~ ~~, -l ",n~z ',I am; u:~nt,~mm!~~l ! ~~nj, ,;ti~~~' , 8U~ \~t~~~ ~ i~~~~ i~\ii~ , Ul ~l q ill ~F\~ i ~ mil & l~~ '( ,i~ t' ;,~ ; I \ ;i i ~\ n ! ~ i ~ ~'l i : ~ c\. i; 0 it %1' ~ ~ I / ,~ ~ \.. ~ II lr' " ~ i \5'i., ~. ~ ~~, nil !' "I I~ m!l, UUli'l Ui 11\ ~ ~~ h~t ~ n ~ Ii ;,In ~ Ii (\ .~ n;~ I l \ Itn ~ \~i <> "or I~! i ~~,,~ i',BI., ~ 1,11 \~: . ,;, 7 0' :i~: I 1 ~ ~ ;::!;;:F. I\~i \~ ~~~H,i"-~,,'."= ", 'I!~ ,I .' ~ ~ -~ ~ ~...; i -Ii: ir"L" '_:~\ .n ,,0 ,.> '<:~~ "'tl'" :~~G)\ Page 1 of2 Simon, Michael From: soleil33@aol.com Sent: Tuesday, May 31, 2011 5:34 PM To: Denise@regarchitects.com; vlad@regarchitects.com; Simon, Michael Cc: rbrown@kaufmanlynn.com Subject: Re: question re: revised floor plan Hi Denise, The revised plans look great!! I think if we do an under the counter style dishwaser the location near the hand sink will work fine. At least you can clear right from the counter into the dishwasher and that in it self is a huge savings on time and labor $. My only other thought is that the drain pan for the 3 compartment sink should be on the right side (east), Therefore, when tables are cleared there is a place to stack quickly. Other than that.. good to go.., the functionality looks great, steps of service look good. Also, I like your idea about keeping the front door locked for additional space for merchandise. Thanks for your attention to deatial.. I really like the layout alot! Sincerely, Sandra ----Original Message----- From: Denise Cravy <Denise@regarchitects.com> To: soleil33@aol.com <soleiI33@aol.com>; Vlad Dumitrescu <Vlad@regarchitects.com>; simonm@bbfl.us <simonm@bbfl.us> Cc: Richard Brown <rbrown@kaufmanlynn.com> Sent: Tue, May 31,2011 3:13 pm Subject: RE: question re: revised floor plan Hi Sandra, Please see responses below in red, Let me know your thoughts on the attached plan, A few things to note: 1, See attached modified plan. 2. The bar has shifted north to allow more room between appliances and equipment. 3. The range must remain in place, This portion of wall infill will be of non-combustible materials, otherwise the range would need 18" clearance from the structure. Thank You, I)~/llS.! 5, C, tl,,~, .Asslst,)", 'p"?J.!d :""dllt~!}"l ,~07 E'\'~rnlll SfH'C'I .1Ih FII Wo:-!>( Palm Bc-t..:h FL 3QOl 561.659 .l383 x :>.~ 561-6:'9-5546 ('IU..t"f~ 1..~..lIdllt..('t., ('~'Jll "ViW regafchll.....cl~ COlll Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank. Thank you, 7/27/2011 From: soleil33@aol.com [mailto:soleil33(Olaol.con:il Sent: Tuesday, May 31,2011 11:40 AM To: Denise Cravy; Vlad Dumitrescu; slmonm@bbfl.u~ Subject: question re: revised floor plan Good Morning Denise I hope you had a good holiday. I have a couple of questions/thoughts. 1.) I noticed that the sandwich station was moved to the South wall, Was there a reason for this? I like the original position as if you were making sandwiches you did not have your back to the guests. These are all moveable items so in the end as long as there is proper electrical outlets, See attached. 2,) What is the size allocated for the beverage station, I am showing a 30"x48' In the attached plan I will have a coffee grinder, coffee maker, ice tea maker and a cappuccino/espresso maker 3,) Could you please tell me what the distance is between the prep table and the range? +1, 3-8' I am showing a 36" deep range 4,) The location of the dishwasher is not desirable...as it is in plan view of the guest and next to the range, Maybe an under the counter dishwasher is the answer..or perhaps not one at all. Due to the location of the door into the walk-in, the previous plan reviewed at the meeting does not work quite the same What do you think of the dishwasher by the hand Slnk'l 4,) I really do not care for the closet. Could it be on the inside of the bathroom, Yes, see attached I would much rather have the wall with shelves for merchandise and or the stools which create $, Ideally I would want to put a piece of furniture like a dinning room hutch with drawers, (similar to the one I had a photo of on my presentation board), See attached. I suggest we keep the front door locked and unusable This way we can provide displav around the window for bottles and such 5,} It would seem to me that the mob sink and ice machine would be better of on the opposite wall, backing It up to the bathrooms since they require plumbing, I would think it be more cost effective, The reason for the location is because it is shielded from the public w/a lattice structure These items can be reconflgured Other than that... everything looks great! Thank you for your time and I will look forward to hearing from you Sincerely, Sandra = Page I of3 Simon, Michael From: Denise Cravy [Denise@regarchitects,com] Sent: Wednesday, June 01, 2011 9:39 AM To: soleil33@aol.com; Vlad Dumitrescu; Simon, Michael Cc: rbrown@kaufmanlynn.com Subject: RE: question re: revised floor plan Hi Sandra, Great! Thank you for your comments. Thank You, 'nt'1l1.~(' s. C, (n'~f ,Ass ufo 11 t FP, o/.y t ~f\t(llItl.t1"1 .~07 EVl:"tlun StJ~1:"1 .lIh Fh \Vt''-r Palm Bt'i,ch FL .B4{)] :;61.6~9 :'.:;S' lo: :-l 56] -659.:;:'46 dl'nl"~@ I <"'1"11t:llllt'Cl', ..nlll \"""'W n~l?afdllICch COU} Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank, Thank you. From: soleil33@aol.com [mailto:soleil33@aol.com] Sent: Tuesday, May 31,2011 5:34 PM To: Denise Cravy; Vlad Dumitrescu; simonm@bbfl.us Cc: rbrown@kaufmanlynn.com Subject: Re: question re: revised floor plan Hi Denise, The revised plans look great!! I think if we do an under the counter style dishwaser the location near the hand sink will work fine, At least you can clear right from the counter into the dishwasher and that in it self is a huge savings on time and labor $, My only other thought is that the drain pan for the 3 compartment sink should be on the right side (east). Therefore, when tables are cleared there is a place to stack quickly. Other than that... good to go... the functionality looks great, steps of service look good, Also, I like your idea about keeping the front door locked for additional space for merchandise. Thanks for your attention to deatial., I really like the layout alot! Sincerely, Sandra -----Orig i nal Message----- From: Denise Cravy <Denise@regarchitects.com> To: soleil33@aol.com <soleiI33@aol.com>; Vlad Dumitrescu <Vlad@regarchitects.com>; simonm@bbfl.us <simonm@bbfl.us> Cc: Richard Brown <rbrown@kaufmanlynn.com> Sent: Tue, May 31, 2011 3: 13 pm Subject: RE: question re: revised floor plan ,., ,"',., '''''t^ 1 1 j ~ i~: J: f ~ Sent: Wed, Jun 1, 2011 10:53 am Subject: RE: Cost Analysis Hello Sandra: Uyou haven't done so already, can you please provide the Team with a list of interior and kitchen/equipment items that you will be providing. The benefit of this list will be that 1t clearly defines what each party will be paying for and staff won't include those costs in our analysis for eRA budgetary purposes. If you have any questions or concerns, please do not hesitate to contact us, Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(56l) 737-3258 simonm@.bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 US.C ~~ 2510-2521 and IS legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above, If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication IS strictly prohibited. If you receive this E-Mail in error, please notify the sender Immediately at the phone number above and delete the information from your computer Please do not copy or use It for an\' purpose nor disclose its contents to any other person From: solei/33@aol.com [mailto:soleiI33@aol.com] Sent: Tuesday, May 31, 2011 5:34 PM To: Denise@reqarchitects.com; vlad@reClarchitects.com; Simon, Michael Cc: rbrown@kaufmanlvnn.com Subject: Re: question re: revised floor plan Hi Denise, The revised plans look great!! I think if we do an under the counter style dishwaser the location near the hand sink will work fine, At least you can clear right from the counter into the dishwasher and that in it self is a huge savings on time and labor $. My only other thought is that the drain pan for the 3 compartment sink should be on the right side (east), Therefore, when tables are cleared there is a place to stack quickly. Other than that.. good to go.., the functionality looks great, steps of service look good, Also, I like your idea about keeping the front door locked for additional space for merchandise. Thanks for your attention to deatial., I really like the layout alot! Sincerely, Sandra -----Original Message----- Page 5 of6 From: Denise Cravy <Denise@reqarchitects,com> To: soleil33@aol.com <soleil33@aol.com>; Vlad Dumitrescu <Vlad@reQarchitects,com>; simonm@bbfl.us <simonm@bbfl.us> Cc: Richard Brown <rbrown@kaufmanlvnn.com> Sent: Tue, May 31, 2011 3: 13 pm Subject: RE: question re: revised floor plan Hi Sandra, Please see responses below in red, Let me know your thoughts on the attached plan, A few things to note: See attached modified plan. The bar has shifted north to allow more room between appliances and equipment. The range must remain in place. This portion of wall infill will be of non-combustible materials, otherwise the range would need 18" clearance from the structure, Thank You, '[)"l11.'W :\, C, ,'O'V _Ass15tallt 'P, o//('o:t :~1" 1/ tl!.lr' I .;;01 E'C'J1I1tl SUC'('I .llh Fit \VC'st Palm Bc-.'Kh fL 3 ~-Hll ~61.6~9 .'H..;; x _',I 56] -6:,9,~546 clI'IU'>t:-iq 1",~,,,,,'ll1tt.(. h (""111 . ,,",vw rt"gaJcllItC'cl~ Ct.'Ill . . Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed, If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited, If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank, Thank you. From: soleil33@laol.com [mailto: soleil33@aol.coml Sent: Tuesday, May 31,201111:40 AM To: Denise Cravy; Vlad Dumitrescu; simonm@lbbfl.us Subject: question re: revised floor plan Good Morning Denise, I hope you had a good holiday. I have a couple of questions/thoughts. 1,) I noticed that the sandwich station was moved to the South wall, Was there a reason for this? I like the original position as if you were making sandwiches you did not have your back to the guests, These are all moveable items so in the end as long as there is proper electrical outlets. See attached, 2.) What is the size allocated for the beverage station, I am showing a 30"x48" in the attached plan, I will have a coffee grinder, coffee maker, ice tea maker and a cappuccino/espresso maker, 3,) Could you please tell me what the distance is between the prep table and the range? +/- 3'-8". I am showing a 36" deep range. 4,) The location of the dishwasher is not desirable...as it is in plan view of the guest and next to the range. Maybe an under the counter dishwasher is the answer..or perhaps not one at all. Due to the location of the door into the walk-in, the previous plan '"71'l'"71'l(\1 1 ! j ~U!,t ':t f reviewed at the meeting does not work qUite !tie SarTI( VVhai do you tlllllk 01 the dlshwasner iw Hle tlano '" 4.) I really do not care for the closet Could it be on the Inside of the bathroom. 'Yes see attached I would much rather have the wall with shelves for merchandise and or the stools which create $, Ideally I would want to put a piece of furniture like a dinning room hutch with drawers. (similar to the one I had a photo of on my presentation board). See attached i suggest we keep the front door locked and · i'llisable This way we can provide displav around the window for bottles and sud, 5.) It would seem to me that the mob sink and ice machine would be better of on the opposite wall, backing II up to the bathrooms since they require plumbing. I would think it be more cost effective The reason for the iDeation is because it IS shielded from the public w/a lattice structure These items can be reconfigured Other than thaI... everything looks great! Thank you for your time and I will look forward to hearing from you Sincerely, Sandra = Page 2 of3 Hi Sandra, Please see responses below in red, Let me know your thoughts on the attached plan. A few things to note: See attached modified plan. The bar has shifted north to allow more room between appliances and equipment. The range must remain in place, This portion of wall infill will be of non-combustible materials, otherwise the range would need 18" clearance from the structure, Thank You, 'r>.'III.':e s, C'il....V .:4SSIStllHt 'Pny,'ct :hltliHll1<" 307 Ev('rnm $11('''' .lIb Fit W"~l Palm B...ach FL ~ ~-Wl ~616:'9.!HU x...., 561 -659-5546 dC'lu.....(ij 'C"~I..dl1'..'~l.. elm! ,W'WW IC'g"aldulr.ch COlli Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed, If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited, If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank. Thank you, From: soleiI33(Ci)aol.com r mailto: soleil33(Ci)aol.com] sent: Tuesday, May 31, 2011 11 :40 AM To: Denise Cravy; Vlad Dumitrescu; simonm(Ci)bbfl.us Subject: question re: revised floor plan Good Morning Denise, I hope you had a good holiday. I have a couple of questions/thoughts. 1,) I noticed that the sandwich station was moved to the South wall. Was there a reason for this? I like the original position as if you were making sandwiches you did not have your back to the guests. These are all moveable items so in the end as long as there is proper electrical outlets. See attached, 2,) What is the size allocated for the beverage station. I am showing a 30"x48" in the attached plan. I will have a coffee grinder, coffee maker, ice tea maker and a cappuccino/espresso maker. 3.) Could you please tell me what the distance is between the prep table and the range? +/- 3'-8", I am showing a 36" deep range, 4,) The location of the dishwasher is not desirable...as it is in plan view of the guest and next to the range. Maybe an under the counter dishwasher is the answer..or perhaps not one at all. Due to the location of the door into the walk-in, the previous plan reviewed at the meeting does not work quite the same. What do you think of the dishwasher by the hand sink? 4.) I really do not care for the closet. Could it be on the inside of the bathroom, Yes, see attached.. I would much rather have the wall with shelves for merchandise and or the stools which create $. Ideally I would want to put a piece of furniture like a dinning room hutch with drawers. (Similar to the one I had a photo of on my presentation board). See attached, I suggest we keep the front door locked and unusable, This way we can provide display 7/"J7/"J()11 j ~1 ~.i around the WlnClOW ior bottles ana SloC' 5.) It would seem to me that the mob sink and ice machine would be better of on the opposite wall, backing It up to the bathrooms since they require plumbing i would think it be more cost effective l tw '"(:';:5C): ihe !rya1 il)'i IS because It IS shleldecj from the public w/'O lattice structure These Items call be reconflgurec' Other than that... everything looks great! Thank you for your time and I will look forward to hearing from you Sincerely, Sandra = il C'-~..". iJ ~O::tt~ I c~ ~ :; W~;~: i,1 ~~~ ~ Ii CC~~<. II 1Il::t...tl"l U .....CLot -<E i!ljli::'&\ ~ :;;!i",..l!l~- 'I '1 ,..= ~": I . I '.. .J~i;!~ mll'I' 11= I. "I II .~.= lI!if ~ 1 ~~l:l~~5 ~ "ii~~~i II <(II r: i!<J:<Jrl<1lSJJ! iii, l!i !IIi ill:~~;'i;'~ n ol i, I ' "I ~ 'i; ,,:~:,~~~ 'I Uj" I i I :'~k:~9~~~~~'~! ~I ' : i ~~F~!~g~H ". I. ' I' 1 I I I" .... r..' I : I I' . - ii1~::~j~if!' , Ii. ~I ai ;i i i~~i;mh~~lH ## ;-/--,'-~~~~' ~~ / II t, . I (, ., Z "/--'1 ~...._/' '..._,1i ,,,--, , ~ ~Ir"/ "'~) \ / ',,~_': '~1~' 1 1-""" ' - 'I I I -... - _ \ _ --- - ... ,I . 11/ \ ......~' -- / 'II I ,"" '-.' ~ ' "'I : I .11 j'-_/ ~ r ',,/ l ~': -~~ 'T ,. ; II, J' --W~ '. ,,..-----T, ';1 i ~~' "j. ,J, ~/--l ! I I'd ~._ ____ V-~ -: ..- - i :1 -V __J: ~ ~ l' --,~= - ,ll.~__.~; - . ':, ,I t:. .c .r u:; :: ' 0 0 d" 0 ~1 ~t', 1 1 f' - ~r~ 1 ' ~~11 6 ~~, I ~ : '! -~- 1 1 I iil 11 ';1 I! :1 I~ ! ,i ,I r:i. Q ,-1- ~ r -, (;;\2.,-'1 L::i I!; eJ r : I ~ L:: ~J r I Q...,I'" L..; ~tJ r~ . , '1 l_. I _I .,nr "--' ~:. ~:n r'~ I. if! ~S%S~~, I I o i, I /\ L , I I I i I I I I I 1 I I , // :'~~--===:::::..::::::::::::-- - -- /'/ - -,~ -_.::::~..:::::::::-.~~=-~:cc-,/:// -_."- z C) [l " ,; / <l , ~ (Y Q (), 0" . . cl" .' ,,<'.""~", /.~...-:: '~_ I l "'.. .. /\ -l ~~ \-\- ~ '2"1 I .( < " 01"1: 7.~ uJr D n..r~ \-' '^ \!I '> ~ ~ x~ U.( '1 \U Q.. s:C . 0 (!) \- "1 4 o "3 <;l.. d ,=," ~ ~ ocJ ~- ~E 1:1- ,I I ii~~ ~I< -1 \.L ::r x o fY(Jfi_\ Simon, Michael From: Simon. Michael Sent: Wednesday, June 01,2011 10:53 AM To: 'soleiI33@aol,com'; Denise@regarchitects.com; vlad@regarchitects,com Cc: rbrown@kaufmanlynn,com: Brooks, Vivian Subject: RE: Cost Analysis Hello Sandra: If you haven't done so already, can you please provide the Team with a list of interior and kitchen/equipment items that you will be providing. The benefit of this list will be that it clearly defines what each party will be paying for and staff won't include those costs in our analysis for eRA budgetary purposes, If you have any questions or concerns, please do not hesitate to contact us, Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm (ij))Jbfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.SC SS 2510- 2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited, If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer Please do not copy or use it for any purpose nor disclose its contents to any other person From: solei/33@aol.com [mai/to:soleil33@aol.com] Sent: Tuesday, May 31, 2011 5:34 PM To: Denise@regarchitects.com; vlad@regarchitects.com; Simon, Michael Cc: rbrown@kaufmanlynn.com Subject: Re: question re: revised floor plan Hi Denise. The revised plans look great!! I think if we do an under the counter style dishwaser the location near the hand sink will work fine, At least you can clear right from the counter into the dishwasher and that in it self is a huge savings on time and labor $, My only other thought is that the drain pan for the 3 compartment sink should be on the right side (east). Therefore, when tables are cleared there is a place to stack quickly. Other than that... good to go... the functionality looks great, steps of service look good, Page 2 of3 Also, I like your idea about keeping the front door locked for additional space for merchandise, Thanks for your attention to deatial., I really like the layout alot! Sincerely, Sandra -----Original Message----- From: Denise Cravy <Denise@regarchitects.com> To: soleil33@aol.com <soleiI33@aol.com>; Vlad Dumitrescu <Vlad@regarchitects,com>; simonm@bbfl.us <simonm@bbfl.us> Cc: Richard Brown <rbrown@kaufmanlynn,com> Sent: Tue, May 31, 2011 3:13 pm Subject: RE: question re: revised floor plan Hi Sandra, Please see responses below in red, Let me know your thoughts on the attached plan, A few things to note: See attached modified plan. The bar has shifted north to allow more room between appliances and equipment. The range must remain in place, This portion of wall infill will be of non-combustible materials, otherwise the range would need 18" clearance from the structure, Thank You, '.n"IlIS,! $, C, "vy .:-\:>515,.1t1' 'PI (?/t'('t ~^' tl" ,t,Yt' I 3,01 E'\'~rlll" SUN" -lIlt Fh \\'~~t Palm Brll.dt fL 33.HJl :>61.6:>9..'~g, x.'~ 561 6~9- ~:'-I6 ICOIlI..C'(i! l,,~':ndnf"('b COIl\ W'~'W l'('galcll1l~h cOIn Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed, If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank. Thank you, From: soleil33@laol.com [mailto:soleiI33@aol.coml Sent: Tuesday, May 31,201111:40 AM To: Denise Cravy; Vlad Dumitrescu; simonm@bbfl.us Subject: question re: revised floor plan Good Morning Denise, I hope you had a good holiday, I have a couple of questions/thoughts. 1,) I noticed that the sandwich station was moved to the South wall, Was there a reason for this? I like the original position as if you were making sandwiches you did not have your back to the guests. These are all moveable items so in the end as long as there is proper electrical outlets, See attached, 2,) What is the size allocated for the beverage station, I am showing a 30"x48" in the attached plan, I will have a coffee grinder, coffee maker, ice tea maker and a cappuccino/espresso maker. ,.., ,,,,.., 11'\f\ 1 1 3.) Could you please tell me what the distance IS between the prep table and the range-i 36 deep range 1"1" i'!I'I\. 4.) The location of the dishwasher is not desirable...as it is in plan view of the guest and next to the range Maybe an under the counter dishwasher is the answer. .or perhaps not one at all Due to the location of thej(j(11 Into the walk-In the previous plan reviewed at the meeting does not work quite the same What do you think of the dishwasher by the hand s!nk.'; 4,) I really do not care for the closet. Could it be on the inside of the bathroom. Yes, see attached. I would much rather have the wall with shelves for merchandise and or the stools which create $, Ideally I would want to put a piece of furniture like a dinning room hutch with drawers. (similar to the one I had a photo of on my presentation board). See attached. I suggest we keep the front door locked and unusable This way we can provide display around the window for bottles and such 5,) It would seem to me that the mob sink and ice machine would be better of on the opposite wall, backing it up to the bathrooms since they require plumbing, I would think it be more cost effective The reason for the location is because it is shielded from the public w/a lattice structure These items can be reconfigured Other than that... everything looks great! Thank you for your time and I will look forward to hearing from you. Sincerely, Sandra = Page 1 of 1 Simon, Michael From: Denise Cravy [Denise@regarchitects,com] Sent: Wednesday, June 01, 2011 12:08 PM To: rbrown@kaufmanlynn.com Cc: Simon, Michael; Vlad Dumitrescu Subject: 09014,28_88 CRA - Jones Cottage Tenant 8uild-out Attachments: 09014.88_88 eRA - RCP's.pdf; 09014.88_88 CRA - A-1,01-1 Option 1.pdf; 09014.88_88 CRA- A-1.01-2 Option 2.pdf Rick, Please see attached Options 1,2 and RCP for 09014.28_88 CRA - Jones Cottage Tenant 8uild-out. 8elow is a brief narrative, If you have any questions, give us a call. 1 . Floors a. Main - Existing wood floor, refinished b. Kitchen - Quarry Tile c. Restrooms - Porcelain Tile 2, Walls a, Main - Metal studs and drywall, Paint i. Main - Provide option for Wainscot @ 3'-0", existing wood panels ii. 8ar - Reuse existing wood wall panels on customer side of bar iii. Countertop at window - Reuse existing wall panels b, Restrooms - Porcelain Tile, Paint - Epoxy c, Kitchen - Porcelain Tile, Paint - Epoxy 3. Ceilings a, Main - Exposed bottom chord of truss with metal studs and drywall above top chord, b, Kitchen - Metal studs and drywall, cleanable surface c. Restrooms - Reuse existing wood ceiling panels d. Storage - Reuse existing wood ceiling panels e. Hallway - Reuse existing wood ceiling panels Thank You, ',7'>011115" S, C, iO'Y .:4ssutOllt 'p, <?fc!d :"-1 <111 at'" 1 ~07 E"t'nlJ<1 SIH'('I .lIh Fit \VC'S[ Plllm BC',l('h fL ,',<-tOl fr 561-659, BS. ~ :"~ 561-659-)546 . ,dl'IIl~C'''a 1C'l-'i'll<hll<"'fo, ('(>In www rt'ga,dlll<<t" c..'1l1 . Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed, If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank. Thank you. 7/?7/?011 t ~ f'- .~~... ,.' " ~ \ ~ :,F~ti1,T~"',~~) . co' ~ :. ~f;t::; !i' " ' ;--; u {B' ,-~L,~ ," -~'" '~\~ 1) \I~ \'b, \0 \7 \ r-l ' -~ )( i' r i\ , \ t~ ! I' ~ . "', '\<> .~. t 'i\ 1'.~V.\~~~ ',~ H ~ l' \' ,., " ~~ \i,~ d" \ i \~ q n It ~. q ,;; ~'; " ! 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Michael From: soleiI33@aol,com Sent: Thursday, June 02, 2011 8:01 AM To: Simon, Michael; Denise@regarchitects,com; vlad@regarchitects.com Cc: rbrown@kaufmanlynn.com; Brooks, Vivian Subject: Re: Cost Analysis Attachments: Trading Post Build Out Costs,numbers Good Morning Mike Please find attached a list of Items that I have or intend to acquire as requested. Any news on the moving of the cottage? Thanks, Sandra -----Original Message-un From: Simon, Michael <SimonM@bbfl.us> To: soleil33@aol.com; Denise@regarchitects.com; vlad@ regarchitects,com Cc: rbrown@kaufmanlynn.com; Brooks, Vivian <BrooksVi@bbf/.us> Sent: Wed, Jun 1, 2011 10:53 am Subject: RE: Cost Analysis Hello Sandra: If you haven't done so already, can you please provide the Team with a list of interior and kitchen/equipment items that you will be providing. The benefit of this list will be that it clearly defines what each party will be paying for and staff won't include those costs in our analysis for eRA budgetary purposes. If you have any questions or concerns, please do not hesitate to contact us, Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm(o)bbfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S,C SS 2510- 2521 and is legally privileged, The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited, If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person Page 2 of3 From: soleil33@aol.com rmailto:soleil33@aol.com] Sent: Tuesday, May 31, 2011 5:34 PM To: Denise@reqarchitects.com; vlad@reqarchitects.com; Simon, Michael Cc: rbrown@kaufmanlvnn.com Subject: Re: question re: revised floor plan Hi Denise, The revised plans look great!! I think if we do an under the counter style dishwaser the location near the hand sink will work fine, At least you can clear right from the counter into the dishwasher and that in it self is a huge savings on time and labor $. My only other thought is that the drain pan for the 3 compartment sink should be on the right side (east). Therefore, when tables are cleared there is a place to stack quickly, Other than that... good to go... the functionality looks great, steps of service look good. Also, I like your idea about keeping the front door locked for additional space for merchandise, Thanks for your attention to deatial., , really like the layout alot! Sincerely, Sandra -----Original Message---- From: Denise Cravy <Denise@reqarchitects,com> To: soleil33@aol.com <solei/33@aol.com>; Vlad Dumitrescu <Vlad@reqarchitects.com>; simonm@bbfl.us <simonm@bbfl,us> Cc: Richard Brown <rbrown@kaufmanlvnn,com> Sent: Tue, May 31, 2011 3:13 pm Subject: RE: question re: revised floor plan Hi Sandra, Please see responses below in red, Let me know your thoughts on the attached plan, A few things to note: See attached modified plan. The bar has shifted north to allow more room between appliances and equipment. The range must remain in place. This portion of wall infill will be of non-combustible materials, otherwise the range would need 18" clearance from the structure, Thank You, ']'),'l1ISo' S. Cun'y :-tSS1:5tll11 t 'PIt?,..," t :111 d lIclt"O 307 En'lInn StH'{'1 -hll Fh \1/...,,[ P."m Bl""ch FL _H-t{)] ",561-6509. !.H( i :'\ .'.~ 561-659-5546 l('lu"~"~ 1f:'~'l'Itdltr..Cl', ('''Ill WW'W J...gaH:lul...n'> ('Qln Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited, If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank. Thank you, 7/27/2011 From: soleil33(waol.com [mailto:soleil33@aol.comj Sent: Tuesday, May 31, 2011 11:40 AM To: Denise Cravy; Vlad Dumitrescu; simonm@bbfl.u~ Subject: question re: revised floor plan Good Morning Denise. I hope you had a good holiday. I have a couple of questions/thoughts 1,) I noticed that the sandwich station was moved to the South wall. Was there a reason for this? I like the original position as if you were making sandwiches you did not have your back to the guests, These are all moveable items so in the end as long as there is proper electrical outlets, See attached 2,} What is the size allocated for the beverage station. I am showing a 30"x48" in the attached plan I will have a coffee grinder, coffee maker, ice tea maker and a cappuccino/espresso maker. 3.) Could you please tell me what the distance is between the prep table and the range? +/, 3'-8' ! am shoV\lIng a 36" deep range 4.) The location of the dishwasher is not desirable..,as it is in plan view of the guest and next to the range, Maybe an under the counter dishwasher is the answer..or perhaps not one at all Due to the iocation of the door Into the walk-In, the prevIous plan reviewed at the meeting does not work quite the same. What do you think of the dishwasher by the hand sink'; 4,) I really do not care for the closet. Could it be on the inside of the bathroom, Yes, see attached.. I would much rather have the wall with shelves for merchandise and or the stools which create $, Ideally I would want to put a piece of furniture like a dinning room hutch with drawers, (similar to the one I had a photo of on my presentation board), See attached. I suggest we keep the front door locked and unusable ThiS way we can provide dispi3\ around the window for bottles and such 5,} It would seem to me that the mob sink and ice machine would be better of on the opposite wall, backing It up to the bathrooms since they require plumbing. I would think it be more cost effective. The reason for the location is because it is shielded from the public w/a lattice structure. These items can be reconfigured Other than that... everything looks great! Thank you for your time and I will look forward to hearing from you Sincerely, Sandra = Page 1 of 4 Simon, Michael From: soleil33@aol.com Sent: Friday, June 03, 2011 9:31 AM To: Simon, Michael; Denise@regarchitects,com; vlad@regarchitects.com Cc: rbrown@kaufmanlynn.com; Brooks, Vivian Subject: Re: Cost Analysis Would it be easier if I faxed to you? ----Original Message---- From: Simon, Michael <SimonM@bbfl,us> To: soleiI33@aol.com; Denise@regarchitects.com; vlad@regarchitects.com Cc: rbrown@kaufmanlynn,com; Brooks, Vivian <BrooksVi@bbfl.us> Sent: Thu, Jun 2, 2011 11 :43 am Subject: RE: Cost Analysis Hello: I am unable to open the file from either emaH source. Any suggestions? Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S,C, ~~ 2510- 2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above, If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited, If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: soleil33@aol.com fmailto:soleil33@aol.coml Sent: Thursday, June 02, 2011 8:01 AM To: Simon, Michael; Denise@reQarchitects.com; vlad@reQarchitects.com Cc: rbrown@kaufmanlvnn.com; Brooks, Vivian Subject: Re: Cost Analysis Good Morning Mike, Please find attached a list of Items that I have or intend to acquire as requested. 7/?71?0l1 I a1!~, Any news on the moving of the cottageri Thanks, Sandra -----Original Message----- From: Simon, Michael <SimonM@bbfl.us> To: soleiI33@aol.com; Denise@reqarchitects.com; vlad@reQarchitects,com Cc: rbrown@kaufmanlvnn.com; Brooks, Vivian <BrooksVi@bbfl.us> Sent: Wed, Jun 1, 2011 10:53 am Subject: RE: Cost Analysis Hello Sandra: If you haven't done so already, can you please provide the Team with a list of interior and kitchen/equipment items that you will be providing. The benefit of this list will be that It clearly defines what each party will be paying for and staff won't include those costs in our analysis for eRA budgetary purposes, If you have any questions or concerns, please do not hesitate to contact us. Respectfully, Michael Simon Development Director Boynton Beach eRA 9 1 5 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(56l) 737-3258 simonm ({:j)bbfl. us Disclaimer: This E-Mail is covered by the ElectroniC Communications Privacy Act, 18 U.S.C SS 2510-2521 and IS legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited, If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: soleil33(Ci)aol.com [mailto:soleiI33(Ci)aol.com] Sent: Tuesday, May 31, 2011 5:34 PM To: Denise@reqarchitects.com; vlad@reqarchitects.com; Simon, Michael Cc: rbrown(Ci)kaufmanlvnn.com Subject: Re: question re: revised floor plan Hi Denise, The revised plans look great!! I think if we do an under the counter style dishwaser the location near the hand sink will work fine. At least you can clear right from the counter into the dishwasher and that in it self is a huge savings on time and labor $, My only other thought is that the drain pan for the 3 compartment sink should be on Page 3 of 4 the right side (east), Therefore, when tables are cleared there is a place to stack quickly, Other than that... good to go.., the functionality looks great, steps of service look good. Also, I like your idea about keeping the front door locked for additional space for merchandise, Thanks for your attention to deatial.. I really like the layout alot! Sincerely, Sandra -----Original Message----- From: Denise Cravy <Denise@reqarchitects,com> To: soleil33@aol.com <soleil33@aol.com>; Vlad Dumitrescu <Vlad@reQarchitects,com>; simonm@bbfl.us <simonm@bbfl.us> Cc: Richard Brown <rbrown@kaufmanlvnn.com> Sent: Tue, May 31, 2011 3: 13 pm Subject: RE: question re: revised floor plan Hi Sandra, Please see responses below in red, Let me know your thoughts on the attached plan. A few things to note: See attached modified plan, The bar has shifted north to allow more room between appliances and equipment. The range must remain in place. This portion of wall infill will be of non-combustible materials, otherwise the range would need 18" clearance from the structure. Thank You, 'n"111$(' S, CI (f\'Y .Asslstant T10f.'(t :'MtUlallt'l !-07 Ew'rnlil Stl(.t'l .hh Fit \\-"r-'>t Pl'llm Br-''ldt FL .' ~.W1 . ..'i61-659 )~in ~ .'-J 561-659- ~546 ('1I1...(-i~ I t'g.:'lIdHI..",., (<)111 ,\\"WW rr-galclut("cb cont Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited, If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank, Thank you. From: soleil33@aol.com [mailto:soleil33@aol.com] Sent: Tuesday, May 31,201111:40 AM To: Denise Cravy; Vlad Dumitrescu; simonm@bbfl.us Subject: question re: revised floor plan Good Morning Denise, I hope you had a good holiday. I have a couple of questions/thoughts, 1,) I noticed that the sandwich station was moved to the South wall. Was there a reason for this? I like the original position as if you were making sandwiches you did not have your back to the guests. These are all moveable items so in the end as long as there is proper electrical outlets, See attached. Jai!t. 2.) What is the sIze allocated for the beverage statIon i an: stlovvlng c. j(1x48 the 211a(i'<-c" ola coffee grinder, coffee maker, ice tea maker and a cappuccino/espresso maker Will have d 3.) Could you please tell me what the distance IS between the prep table and the range?' 36' deep range b an: s!lOV~'TI(:~ d 4,) The location of the dishwasher is not desirable..as it IS in plan view of the guest and next to the range. Maybe an under the counter dishwasher is the answer, or perhaps not one at all. Due to the location of the ::'O()! Into the walk-in, the previous plan reviewed at the meeting does not work quite the same. What do you thl/lk of the dishwasher by the hand SinK' 4.) I really do not care for the closet. Could it be on the inside of the bathroom, Yes, see attached.. I would much rather have the wall with shelves for merchandise and or the stools which create $. Ideally I would want to put a piece offurniture like a dinning room hutch with drawers. (similar to the one I had a photo of on my presentation board). See attached. I suggest we keep the front door locked and unusable This way we can provide displcll around the window for bottles and such 5,} It would seem to me that the mob sink and ice machine would be better of on the opposite wall, backing It up to the bathrooms since they require plumbing. I would think it be more cost effective The reason for the location is because it is shielded from the public w/a lattice structure These items can be reconfigured Other than that... everything looks great! Thank you for your time and I will/oak forward to hearing from you. Sincerely, Sandra = Page 1 of5 Simon, Michael From: Simon, Michael Sent: Monday, June 06,2011 10:10 AM To: 'soleil33@aol.com' Subject: RE: Cost Analysis Attachments: Sandra's equip list 6-3-11 ,pdf Good morning Sandra: I want to make sure I am clear on the items on your equipment list (attached) for budget building purposes. I want to make sure I have the breakdown of cost and "who would be paying for what" covered as best we can at this point. Could you reply to the following questions: I . The list and costs you provided are for the items you will be financially responsible. 2. The range/grill, hood, sink and exterior cooler would be supplied by the CRA. 3. Are there any other material item(s) that you would be financially responsible for, if so please list. 4. All other interior build-out construction materials/labor not listed would be at the CRA's expense. Please let me know if you have any questions or need any clarification. Thanks. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm({j)bbfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U,S.C, SS 2510- 2521 and is legally privileged, The information contained in this E-Mail is intended only for use of the individual or entity named above, If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: soleil33@aol.com [mailto:soleil33@aol.com] 7/?7/?Oll Sent: Friday, June 03,20119:31 AM To: Simon, Michael; Denise@regarchitects.com; vlad@regarchitects.com Cc: rbrown@kaufmanlynn,com; Brooks, Vivian Subject: Re: Cost Analysis Would it be easier if I faxed to you? -----Original Message---..- From: Simon, Michael <SimonM@bbfl,us> To: soleiI33@aol.com; Denise@regarchitects,com; vlad@regarchitects,com Cc: rbrown@kaufmanlynn,com; Brooks, Vivian <BrooksVi@bbfl.us> Sent: Thu, Jun 2, 2011 11:43 am Subject: RE: Cost Analysis Hello: I am unable to open the file from either email source. Any suggestions? Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach. FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm (fj)..bbfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C 992510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive thiS E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: soleiI33@aol.com [mailto:soleil33@aol.com] Sent: Thursday, June 02, 2011 8:01 AM To: Simon, Michael; Denise@reaarchitects.com; vlad@reaarchitects.com Cc: rbrown@kaufmanlvnn.com; Brooks, Vivian Subject: Re: Cost Analysis Good Morning Mike, Please find attached a list of Items that I have or intend to acquire as requested. Any news on the moving of the cottage? Thanks, Sandra Page 3 of5 -----Original Message----- From: Simon, Michael <SimonM@bbfl.us> To: soleiI33@aol.com; Denise@reaarchitects,com; vlad@reaarchitects.com Cc: rbrown @kaufmanlvnn,com; Brooks, Vivian <BrooksVi@bbfl.us> Sent: Wed, Jun 1, 2011 10:53 am Subject: RE: Cost Analysis Hello Sandra: If you haven't done so already, can you please provide the Team with a list of interior and kitchen/equipment items that you will be providing. The benefit of this list will be that it clearly defines what each party will be paying for and staff won't include those costs in our analysis for eRA budgetary purposes. If you have any questions or concerns, please do not hesitate to contact us. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm((j)bbfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C, 99 2510-2521 and is legally privileged, The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited, If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: soleil33@aol.com [mailto:soleil33@aol.com] Sent: Tuesday, May 31, 2011 5:34 PM To: Denise@reaarchitects.com; vlad@reaarchitects.com; Simon, Michael Cc: rbrown@kaufmanlvnn.com Subject: Re: question re: revised floor plan Hi Denise, The revised plans look great!! I think if we do an under the counter style dishwaser the location near the hand sink will work fine. At least you can clear right from the counter into the dishwasher and that in it self is a huge savings on time and labor $, My only other thought is that the drain pan for the 3 compartment sink should be on the right side (east). Therefore, when tables are cleared there is a place to stack quickly, Other than that... good to go... the functionality looks great, steps of service look good, Also, I like your idea about keeping the front door locked for additional space for merchandise, 7/")7/")(\11 ~.a.~t Thanks for your attention to deatial I really like the layout alot' Sincerely, Sandra -----Original Message----- From: Denise Cravy <Denise@reqarchitects.com> To: soleil33@aol.com <soleiI33@aol.com>; Vlad Dumitrescu <Vlad@reqarchitects.com>; simonm@bbfl.us <simonm@bbfl.us> Cc: Richard Brown <rbrown@kaufmanlvnn,com> Sent: Tue, May 31,20113:13 pm Subject: RE: question re: revised floor plan Hi Sandra, Please see responses below in red Let me know your thoughts on the attached plan. A few things to note, See attached modified plan, The bar has shifted north to allow more room between appliances and equipment. The range must remain in place, This portion of wall infill will be of non-combustible materials, otherwise the range would need 18" clearance from the structure Thank You, I'l,'JIL',.' ,,", (, ,n'\! .-i',Qstllllt 'F', <'T." I ~"f(ula~1el '-07 EH"l1Il" '7>1l<'C'1 ,hI> 1 h \V ("'I P..lm Bt'.~ch fI ; l-1O 1 ~'61-6)(j "11' ~ S '.: 561659-"~' ~(, ""'" dI:"HP"(-"(lIF~,,.,n hUt"l 1~, I "HI ,,,,\VW rcgaJdJlI.", h COIll Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed, If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited, If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank, Thank you. From: soleil33@aol.com [mailto:soleiI33@aol.com] Sent: Tuesday, May 31, 2011 11:40 AM To: Denise Cravy; Vlad Dumitrescu; simonm@bbfl.us Subject: question re: revised floor plan Good Morning Denise, I hope you had a good holiday, I have a couple of questions/thoughts. 1,) I noticed that the sandwich station was moved to the South wall. Was there a reason for this? I like the original position as if you were making sandwiches you did not have your back to the guests, These are all moveable items so in the end as long as there is proper electrical outlets, See attached, 2,) What is the size allocated for the beverage station, I am showing a 30"x48" in the attached plan I will have a coffee grinder, coffee maker, ice tea maker and a cappuccino/espresso maker. Page 5 of5 3.) Could you please tell me what the distance is between the prep table and the range? +/- 3'-8", I am showing a 36" deep range, 4,) The location of the dishwasher is not desirable...as it is in plan view of the guest and next to the range, Maybe an under the counter dishwasher is the answer..or perhaps not one at all. Due to the location of the door into the walk-in, the previous plan reviewed at the meeting does not work quite the same, What do you think of the dishwasher by the hand sink? 4.) I really do not care for the closet. Could it be on the inside of the bathroom. Yes, see attached.. I would much rather have the wall with shelves for merchandise and or the stools which create $, Ideally I would want to put a piece of furniture like a dinning room hutch with drawers. (similar to the one I had a photo of on my presentation board). See attached, I suggest we keep the front door locked and unusable. This way we can provide display around the window for bottles and such, 5.) It would seem to me that the mob sink and ice machine would be better of on the opposite wall, backing it up to the bathrooms since they require plumbing. I would think it be more cost effective, The reason for the location is because it is shielded from the public w/a lattice structure, These items can be reconfigured, Other than that... everything looks great! Thank you for your time and I will look forward to hearing from you, Sincerely, Sandra = "11"\ "11"\ 1\ 1 1 A1T/?tc/fNLtD gflONA! Tredlng Post Equipment List A'1'88dy Have 5 Silver Dome Ightlng Fixtures 4 Glass Ught fixtures 2 Glass Wall Sconces to match the light fixtures 1 Taylor Double Door RefrIgerated 8andwioh Station 2 Medium Duty Microwaves 1 OoubIe sided Refrigerator 1 Radco Portable Convection Oven 1 Commercllll Meat Slicer 6 StaInless Stee1 WorkIPrep Tables 5 WIre Metro Shelving 1 CheSt Freezer 1 Bunn low Profile Grinder 1 Bunn Afrpot Coffe Brewer 1 Bunn Ice Tea Brewer 1 Commercial Vita Mix Mixer 2 Soup Kettles 1 Wamlng Heavy Duty Toaster To Purchase 1 Espresso MachIne 1 D/spfay Case To Lease Ice Machine Dish Machine 2(p1- C, 979 $350.00 $500.00 $250.00 $2,200.00 $600.00 $50ct.OO $1.000.00 $1,000.00 $9DO.OO $375.00 $350.00 $800.00 $300.00 $600.00 $350.00 $250.00 $350.0D $2,000.00 $1,000.00 $13,675.00 Dinning Room Over iIle Counter One on each side of Fireplace? Use inside walk-in and for Storage by dish machine Store outside by ice machine - need electrical outlet Need wafer source Need water SOlJree Need good powerlBev Station Need wafer SOllrce $200.00 per month Operating Expense $150.00 per month Operating EKPense III .... ...... N (S) /tv) ?t 'c!fNLlD BflCW/{ TNdlng Past ~ lL Equipment List t- ~ I A~Have 5 SIver Dome lighting Fixtures 4 Glass Ught Fixtures 2 GIaIs Wall Sconces to match the light fixtureS 1 Taylor Double Door RefrIgerated Sandwich Station 2 Medium Duly Microwaves 1 OoubIe eided RefrIgerator 1 Radoo Portable Convection Oven 1 Commerolal Meat SlIcer e St8InIess Steel WortdPrep Tab1e8 5 WIre Metro Shelving 1 Chest Freezer ~ IL ~ 1 Bunn low ProfIle Grinder 1 SUnn AIrpot Cuffe Brewer 1 Bunn Ice Tea 8nIwer ..... III N ~ N (J\ C"l .-t \D III 1 Commercial Vfta Mix Mlxer 2 Soup Kettles 1 Warning Heavy Duty Toaster To Purchase 1 E8PAtSSO Machine f Display Case III .... ~ .-4 To Lsase .-t .-t (S) N ..... C"l (S) ...... \D (S) loe MachIne Dish Machine 2(P1-&979 $350.00 $500.00 $250.00 $2,200.00 $600.00 $500.00 $1,000.00 $1,000.00 $900.00 $376.00 $350.00 $800.00 $300.00 $&00.00 $350.00 $250.00 $350.00 $2,000.00 $1,000.00 $13,875.00 DInnIng Room Over the Counter One on each side of Fireplace ? Use inside wllk-in and for Storage b~ dish machine Store outside by ice machine - need electrical outlet Need wafer soun:e Need water soume Need good power/Bev Statfon Need wafer soun:;e $200.00 per month Operating Expense $150.00 per month Operating Expense Simon. Michael From: soleiI33@aol.com Sent: Tuesday, June 07, 2011 5:04 PM To: Simon, Michael Subject: Re: Cost Analysis Hi Michael, Please see me answers listed below in green. Thanks, Sandra -----Original Message----- From: Simon, Michael <SimonM@bbfl.us> To: soleil33@aol.com Sent: Mon, Jun 6,2011 10:10 am Subject: RE: Cost Analysis Good morning Sandra: I want to make sure I am clear on the items on your equipment list (attached) for budget building purposes. I want to make sure I have the breakdown of cost and "who would be paying for what" covered as best we can at this point. Could you reply to the following questions: 1 , The list and costs you provided are for the items you will be financially responsible. Yes, the list that I provided you are items that I already have, will purchase or lease 2, The range/grill, hood, sink and exterior cooler would be supplied by the CRA. Yes 3. Are there any other material item(s) that you would be financially responsible for, if so please list. I'm not sure what you mean by "material items", ! am assuming responsibility for tables, chairs, stools and interior decor. In addition to all licenses and start up inventory. 4. All other interior build-out construction materials/labor not listed would be at the CRA's expense. Yes, Other items as the Awning, Grease Trap, Hand Sink, Bathroom build- out would be the CRA. Was the bench on the outside going to be built or did we eliminate that? Please let me know if you have any questions or need any clarification. Thanks. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Page 2 of5 Boynton Beach, FL 33435 011-(561) 737-3256 Fax-(561) 737-3258 simonm((j)bbfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 99 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: soleil33@aol.com [mailto:soleiI33@aol.coml Sent: Friday, June 03, 2011 9:31 AM To: Simon, Michael; Denise@reoarchitects.com; vlad@reoarchitects.com Cc: rbrown@kaufmanlvnn.com; Brooks, Vivian Subject: Re: Cost Analysis Would it be easier if I faxed to you? -----Original Message----- From: Simon, Michael <SimonM@bbfl.us> To: soleiI33@aol.com; Denise@reqarchitects.com; vlad@reqarchitects.com Cc: rbrown@kaufmanlvnn.com; Brooks, Vivian <BrooksVi@bbfl.us> Sent: Thu, Jun 2, 2011 11 :43 am Subject: RE: Cost Analysis Hello: I am unable to open the file from either email source. Any suggestions? Respectfully, Michael Simon Development Director Boynton Beach eRA 9 1 5 S. Federal Highway Boynton Beach, FL 33435 011-(561) 737-3256 Fax-(561) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 992510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person 7/?7/?0l1 From: soleil33@aol.com [mailto:soleiI33@aoLcom] Sent: Thursday, June 02, 2011 8:01 AM To: Simon, Michael; Denise@reQarchitects.com; vlad@reQarchitects.com Cc: rbrown@kaufmanlvnn.com; Brooks, Vivian Subject: Re: Cost Analysis Good Morning Mike, Please find attached a list of Items that I have or intend to acquire as requested Any news on the moving of the cottage? Thanks, Sandra -----Original Message----- From: Simon, Michael <SimonM@bbfl.us> To: soleiI33@aoLcom; Denise@ reqarchitects.com; vi ad @ reqarchitects.com Cc: rbrown@kaufmanlvnn.com; Brooks, Vivian <BrooksVi@bbfLus> Sent: Wed, Jun 1, 2011 10:53 am Subject: RE: Cost Analysis Hello Sandra: If you haven't done so already, can you please provide the Team with a list of interior and kitchen/equipment items that you will be providing. The benefit of this list will be that it clearly defines what each party will be paying for and staff won't include those costs in our analysis for eRA budgetary purposes. If you have any questions or concerns, please do not hesitate to contact us. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(561) 737-3258 simonm(Q)bbfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 u.se SS 2510-2521 and IS legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person Page 4 of5 From: soleil33(Ci)aol.com [mailto: soleil33(Ci)aol.com] Sent: Tuesday, May 31, 2011 5:34 PM To: Denise@reqarchitects.com; vlad(Ci)reqarchitects.com; Simon, Michael Cc: rbrown@kaufmanlvnn.com Subject: Re: question re: revised floor plan Hi Denise, The revised plans look great!! I think if we do an under the counter style dishwaser the location near the hand sink will work fine. At least you can clear right from the counter into the dishwasher and that in it self is a huge savings on time and labor $. My only other thought is that the drain pan for the 3 compartment sink should be on the right side (east). Therefore, when tables are cleared there is a place to stack quickly. Other than that... good to go... the functionality looks great, steps of service look good. Also, I like your idea about keeping the front door locked for additional space for merchandise. Thanks for your attention to deatial.. I really like the layout alot! Sincerely, Sandra ----Original Message----- From: Denise Cravy <Denise@reqarchitects.com> To: soleil33@aol.com <soleiI33@aol.com>; Vlad Dumitrescu <Vlad@reqarchitects.com>; simonm@bbfl.us <simonm@bbfl.us> Cc: Richard Brown <rbrown@kaufmanlvnn.com> Sent: Tue, May 31,20113:13 pm Subject: RE: question re: revised floor plan Hi Sandra, Please see responses below in red. Let me know your thoughts on the attached plan. A few things to note: See attached modified plan. The bar has shifted north to allow more room between appliances and equipment. The range must remain in place. This portion of wall infill will be of non-combustible materials, otherwise the range would need 18" clearance from the structure. Thank You, ']1.>IHSt'S. C"n'\{ .ASS1~t(Hlt 'p, (?lect :TI,.UI<lfJt'I 307 E'<:,nlJn !)fH'(" .hb Fh \Vc.-~l PAlm Bc.-ach FL H-WI ~61.6~9.1H;'; x.'., .56 J .659.5546 t"IU""~ 1"~'ntdlll"'('T', <"nUl r ...'" w regeM dlll("Ct;. C4..'Ill Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank. Thank you. ,., J,...".., '1"'\ A 1 1 dLi From: soleil33@aoLcom [mailto: soleiI33(tiJaol.cofIl.: Sent: Tuesday, May 31, 2011 11 :40 AM To: Denise Cravy; Vlad Dumitrescu; simonm(OlbbfLus Subject: question re: revised floor plan Good Morning Denise. I hope you had a good holiday. I have a couple of questions/thoughts. 1.) I noticed that the sandwich station was moved to the South wall. Was there a reason for this? I like the original position as if you were making sandwiches you did not have your back to the guests. These are all moveable items so in the end as long as there is proper electrical outlets. See attached. 2.) What is the size allocated for the beverage station. I am showing a 30"x48" in the attached plan I will have a coffee grinder, coffee maker, ice tea maker and a cappuccino/espresso maker. 3.) Could you please tell me what the distance is between the prep table and the range? +i 3-8" I am showmq a 36" deep range 4.) The location of the dishwasher is not desirable...as it is in plan view of the guest and next to the range Maybe an under the counter dishwasher is the answer..or perhaps not one at all. Due to the location of the door into the walk-in, the previous plan reviewed at the meeting does not work quite the same. What do you think of the dishwasher by the hand sink? 4.) I really do not care for the closet. Could it be on the inside of the bathroom. Yes, see attached. I would much rather have the wall with shelves for merchandise and or the stools which create $. Ideally I would want to put a piece of furniture like a dinning room hutch with drawers. (similar to the one I had a photo of on my presentation board). See attached I suggest we keep the front door locked and unusable This way we can provide displav around the window for bottles and such 5.) It would seem to me that the mob sink and ice machine would be better of on the opposite wall, backing It up to the bathrooms since they require plumbing. I would think it be more cost effective. The reason for the location is because it is shielded from the public w/a lattice structure These items can be reconflgured Other than that... everything looks great! Thank you for your time and I will look forward to hearing from you Sincerely, Sandra = Page 1 of6 Simon, Michael From: Simon, Michael Sent: Tuesday, June 07, 20115:10 PM To: 'soleiI33@aol.com' Subject: RE: Cost Analysis Great. That's what I needed to know. We have it in option 1 but not in option 2. Still a little bit away from moving of the cottage but I'll keep you in the loop. Also, next week is the Board meeting (14th) and I hope you can still be in attendance if there are questions. Have a great evening. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(561) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. ~~ 2510- 2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: soleil33@aol.com [mailto:soleil33@aol.com] Sent: Tuesday, June 07, 2011 5:04 PM To: Simon, Michael Subject: Re: Cost Analysis Hi Michael, Please see me answers listed below in green. Thanks, Sandra ----Original Message----- From: Simon, Michael <SimonM@bbfl.us> To: soleiI33@aol.com Sent: Mon, Jun 6,2011 10:10 am Subject: RE: Cost Analysis Good morning Sandra: 7/?7/?011 l;H!J I want to make sure I am clear on the items on your equipment lIst (attached) for budge! building purposes. 1 want to make sure j have the breakdown of cost and "who would be paying for what" covered as best we can at thiS point Could you reply to the following questions: 1 . The list and costs you provided are for the items you will be financially responsible Yes, the list that I provided you are items that I already have. will purchase or lease 2. The range/grill, hood, sink and exterior cooler would be supplied by the CRA Yes 3. Are there any other material item(s) that you would be financially responsible for, if so please list. I'm not sure what you mean by "material Items" I am assuming responsibility for tables, chairs. stools and interior decoL In addition to all licenses and start up inventory 4. All other interior build-out construction matenals/labor not listed would be at the CRA's expense Yes, Other items as the Awning. Grease Trap, Hand Sink, Bathroom build-out would be the CRA Was the bench on the outside going to be built or did we eliminate that? Please let me know if you have any questions or need any clarification. Thanks. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(561) 737-3258 simonm(Wpbfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 US.C. SS 2510-2521 and IS legally privileged. The information contained in this E-Mail is intended only for use of the Individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer Please do not copy or use it for any purpose nor disclose its contents to any other person From: soleil33@aol.com rmailto:sofeil33@aol.com] Sent: Friday, June 03, 2011 9:31 AM To: Simon, Michael; Denise@reaarchitects.com; vlad@reaarchitects.com Cc: rbrown@kaufmanlvnn.com; Brooks, Vivian Subject: Re: Cost Analysis Page 3 of6 Would it be easier if I faxed to you? -----Original Message----- From: Simon, Michael <SimonM@bbfl.us> To: soleil33@aol.com; Denise@reaarchitects.com; vlad@reaarchitects.com Cc: rbrown@kaufmanlvnn.com; Brooks, Vivian <BrooksVi@bbfl.us> Sent: Thu, Jun 2, 2011 11 :43 am Subject: RE: Cost Analysis Hello: I am unable to open the file from either email source. Any suggestions? Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. SS 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: soleil33@aol.com [mailto:soleil33@aol.coml Sent: Thursday, June 02, 2011 8:01 AM To: Simon, Michael; Denise@reaarchitects,com; vlad@reaarchitects.com Cc: rbrown@kaufmanlvnn.com; Brooks, Vivian Subject: Re: Cost Analysis Good Morning Mike, Please find attached a list of Items that I have or intend to acquire as requested. Any news on the moving of the cottage? Thanks, Sandra -----Original Message----- From: Simon, Michael <SimonM@bbfl.us> To: soleiI33@aol.com; Denise @ reaarchitects.com; vlad@ reaarchitects.com Cc: rbrown@kaufmanlvnn.com; Brooks, Vivian <BrooksVi@bbfl.us> 7/27/2011 )a~r. Simon, Michael From: Simon, Michael Sent: Friday, June 10, 2011 11 :40 AM To: 'soleil33@aol.com' Cc: Brooks. Vivian Subject: CRA Board mtg Attachments: XIIA.pdf Good morning Sandra: As we have completed the conceptual design/site layout phase of the 211 project, attached please find the eRA Board agenda cover and backup documentation prepared by staff for the June 14th meeting. At this point in the process, we need approval from the Board in order to continue moving forward into the actual construction phase. In the cover, staff has provided the Board with project status updates and suggested several financial scenarios in order to create discussion and obtain policy direction. Please review the information and I would suggest being prepared to answer questions from the Board relating to the "feasibility of these various scenarios" and the project in general. As always, if you have any questions, please do not hesitate to contact me. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(56l) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. ~~ 2510- 2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person ~I ~ctY~Te~ eRA iIi 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 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. Design 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 MeetingWones Cottage Tenant Options.doc ~1~~Y~Te~ eRA ill East Side-West SIde-Seaside Renaissance eRA 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. Should the CRA structure this 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? Payments would be approximately $1,300 per month. ~ ed-- 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 MeetinglJones Cottage Tenant Options. doc Attachment 1 f ! II II ! I 'I II \ ~, " I """ :r--c: - l<lI6t -" L_ r---- f '~OOP - 'L ;,,, Q:,:lTiON () ~ ~--::L~OCA~-C:!:NER~L NO~5 '~HC'fI...AlY:L~"."IC ~I'e T.r.a..J!ll,~"'O_O' l'....n.-e '""I: loll&:. I : ~~;;;~~~". 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'E R .~ I/<fCOll.fJf'lft,tTCrJ (jJ i --m!t;ii-_J Itla~ AM "1F.HDf'ln .I.I:/1Il..m Ilr1E\UPolUt'lllff ,"U.I o;,f.ST PH'" RU(II FlO.ID.... ,\.e "'" "'I,.,J'.!Jf' '\\ l~ '" II. ~ ~...., ~ ., --,-~-, f""ORf'CaATIOM MUMBEll: ..-'" BOYNTON BEACH CRA HISTORIC COlTAGE TENANT BUILD-OUT CQ,\.1fAw......srnn 1O'I~IEACIlR..nns RfVl9Or'S :<<) ~ . J{1, _~C L\ oont: '1AY!..:!tll !(AU DI"~ !!C ~ DlIOIEG mi",. ~~~ ~_~.l .__~ ,_~'OO,'!I!M;';~. .l~__t'\_~r-. .........._~-~"'.. __~__1IIIl _'...III_.....-.~ _......w_..._. ,!<I:'lIIUtlI .,.-___ "., .....1I...!... .tft........ ..".....,..,..- -.-...."...,....'<1:, c=:::.-.-~.-:- fWOIt PLAN OPTION 2 ~lm~ A-1.01-2 Attachment 2 KL KAUntAN 'ANN f.ONsfjfijCTHiN hJ# 02-000 02-050 0'205 \ 02-070 -~~,_. u2-IOO - -- .-- .-.-- 02-100 ()1 l.J'i9 n:,-o60 O::'-Qr,'i 03-000 0.1-090 OJ-000 04-000 04-40 I 05-000 r' 05-700 L. 06--000 06-01 0 06-010 --~.- 06-010 0(,.10.1 O(,-4()O 06.400 Oh-'\()() 07-000 ()7-100 Boynton Beach eRA - Jones Cottage Tenant Options Preliminary Budget Estimate Kaufman Lynn Construction, Inc. June 9, 2011 Dt'scriptioll SITE WORK I De1l101ition - ~lild~1.~ Scope Trash Removal -'---~-- iSurveVlIlg - Building !\c1dilion & Site _ EartlJ\\~rk 8: Pavln!! (Buildi11g Addttilma) j (iel~ral SIte Rcs!pratil111 I Fi!'al Clean1l1g :Solbl Dellsllv Testing Engineer's T cstlllg! Illspecll()n,<; CONCRETE O~tiOl\ 1 Option 2 I ", I :' ... ..-----.. -1... " --- .---- '\ i I~ ._+-c;-- I ! s \.500 ,'h --- ct JlflQ j; 1.1{7:; L)OO' ! .oon l:n'i 0, ()OO ',)00 KG,' 'ODD \,'iOc; <\; C)I! ., " r " __-1' iflllildill!! Addition Silll!k S!orv. Cone!5'tc/l'Ml; Structure ifollcrc-tc Ril1l1[~~"scmb~~~ West Silk or BtuJ(Iin~~ MASONRY lfire Place METALS J~!mcttlrill Stcrl . West AcldltlO11 fl,r i\Wllt1l!' , I WOOD & PLASTICS C:-<lrpcntry Subt;OIl(r;\ct tv! isc. C"'11cntry Stlh('ontr<lct. RoofFrill1111U, ^ddilton - Stcel TI11~scs 8: Shentl1111" \ 'l, t'\,:2X i 4..'()~ ',00 " ',Of' _ .l._"._,~_._" I)') I :;, i; , '.~' :h F.\1\sh C'\t12~\1lry . P1\ck<"lge (n1\1111\11: Inm <1001 W\1,(io\\, c,hmg) 't: i (-;'\'In,'11 y 8- 811ill-! 11 I\~i"."'o!'k B;lI n",cPIV\$lod Wall(()u~lllll:llt\1i \!PI\t:( ",'"le, "'1 'f Bat ')t,!t,t, Ul:'pcr Cah~llel.' i j. J TIIERMAUMOlSTURE PROTECTION jRO().!'l1/!. :?1~:~~l1g Seill1l Mc~~1 Roolilll', TVI';~~;I-' .-,00 (','I ~ I I i(:(~l_ .. ..___L , ,~() ", <\; 'l, BBLRA lones Cottage ! cnant CO~I 0$11011' 116.0Q. iO! [ .ds.\ COIHlllClItslni,isiOtl Tntn\, !~, ()\Vll(,'- 1 !<:'l1~I1( (h 011'11<:'1' / '('(,Ililllt ~_':\'("ndcd ':(('('1 Sf,."r(1l1~(,~ (rll_ \wllinr, \!lrl1nlllC,. \ Ilo"'~ncr ---..-- '!In" ~l1r(' ,\ 1I0w ;1111'( ldif Description 08-000 DOORS & WINDOWS OR-100 : Doors &. Frames '-------- . I - - - OR-100 I Single lnt Wood Doors - Rated & L<llwkd OR-! ~O i [)~OT & H(\rdw~;-c Tn.~ll1l1l1tion . OR-:;:> III IFinish Hard\V<lr~ ___ .._. llR-~~!_HOW - Sing.1e Int Wood Doors _______OR--210 _ i. Misc. Door Materials (Vision Lites !...1.oU'~e!::<; etc..) OR-ROO i Exterior Sloretront ~ntrance _ _ _ ~8-50~ _1.!3I~ilding Envelope Consultant _ ___ ! 09-000 FINISllF..8 OQ-050 i Drywl1l1 Package. lncludes Frall~!!.l~~_~ll~llll1lion 09-050JWf\~c!.Pl\nc1 W"lb - Remove/Reinstall & Refinish Existin,g 09-050 IWood Panel Willis - New Wainscott_'f'. M~i!1 Area OQ-050 !Drvwall (eilings.. ~__ .. ... _ ()q-300 !Tile Flonl'i~! & ~~c -=- ^lIowanr.c ~r$ 'O/SI-lnstalled _. 09-300 ',Tilt' Wall!> . Wainscott \0 4'-0" -- f-- OlL~l~:~Vond Panel C'cilin~s - RC1!lOVC'I{t'l1lslall 8:. Rdini:;h bisling. OQ-'i50 iWood r1O\:~in~ - Refinish EXIsting . _ OQ-550 \Iv \:lOci Flo(wing - Repa~r~~r r=lnor \~cn..!s & fl~l~l(lliti~ll.... >-----{~lJ:.l)O{J :l'~.m_lj~~~c_k~~e - Interior & bleriol.J~e1>aint I..\:i~lillg l(l-()()O J!l-~ZO 10-IWO I (l-ROO 10-80U 10-900 --- SPECIAL.. TIES I Fife b;'illgl1ishers!~12.ecillllie~ I Cimv;Js A\\'llmgs .. Main Unil 1.1/' Exterior Palill .. -rCanv-;s.-^-,vn'"gs - \\lC'~t Additlon Toilet/Bath Accessories Sjl'n~~c _ 11-000 11-465 11-405 - Option 1 Option 2 $ l.\".~ I $ $ ,I SO · 'I; $ 1.500 $ t _,___ 1 ,0 I 'j; , !. - - $ ';: ~ --~--- $ i ~~ I ~ ," 4.110" $ 7JO ~ -- ~'~~~I-{ - .. __u_ :\..150 $ -- -- 1.15(1 $ .., .O(l() :\; 3.504 t 2.2{)(\ ~. _m__ _ _____ ____ :'500 _''. i ~~ .. J; -- :5 ... -- :, $ :1\ :\; --- I 750 L-.. 300 I '-1.000-'_ _ ._._150 I ] ...16(, :'i()O ..U:!R 73() ::.2X7 l.l)73 .1.700 1. '6~ \IX ~. I 'if, ~.2{)O - -- -----. :..~O() $ -- S fiO I :); -- I:, EOUlPMENT _!Food Service.' Equipment Package (Appliances. Stainless S!cC'1. I ~> ! Walk-in Cooler - (i'-O" x 10'.0" I Il-000 FURN1SHINGS 12.50CdWilldOW TrcRhncnls I $ 12-(,00 T'nmitltrc:'\:-:..\':ccssories __m~ - ----=-~I~ 1'-6~O Rugs & Mats _ .. ' $ I :~ - I :;; 1.70()-IT -- -.1~.. ""n I $ $ $ 50.000 I $ - -P--- ,. - .Il ---.- .-. - ; - I $ J_~_ : :I; 1--- BBCRA Jones Cottage Tenant Cost Options 06-09-2011.xlsx (i(1 1_,,~f) 1.70n "- --r-- 50.00n : _._--\- COllll11ents(Oh';sloll Totals ---- ---- - - --- - i\ 11 ll\1'l1J1 ('(' T 11 \llo,,"llIll'l' ..T\y Trll11" , P,yT('nllll' -------- H~' Trllllll' In, 111# 15-000 15--100 15-400 15-500 16-000 1 ()-050 16-051 \6. \00 16-700 16-ROO Descd lion MEOIANIC' AL : Plumbing : Grell~e Trap H.VAC ELECTRICAL lB!\sic J;ledric(ll j----- Ch,!!~~_~<:rs:i:r'~~H f-,,'1~ Ihll!lndcd LI~hl h:--IUrt" I Sj\e LIghl1l11! i Low V OltllgC ~y~tcl11~ - Ph()n~ lJi\t~ ~c('urity ./\/\. If-ire Alan" ~yslc111 - Allmvance lARD BUm;ETS COSTS ,~ENER.\L CONDITIONS ;(fBTOTA' , )VRRHJ'.A D & PROFIT II TBTOTI\ I, :;ENERAL UABILIT\' INS{lRf\i'KF _IIIlTOTAt ~tIILDERS RTSK INSURANCE mUTOT '" !'A VI'lTENT 8.: PlmFORi\lAl'1rl', BONO SlllrrOTi\\., rERMlT fi'EES SJ'RTOT\T, CONTl~GE['l( \ CHAND TOT,\L ::; -D----- , I ~ I I ~ --~I ,~ =--- " }, ~J: .. " Q' "I $ $ $ c; ", ']; (I' , ,0.; ~ ":i ,;, :;; :'i o 0011 1 o lion 2 15.00(1 $ 7 noo $ 7S21 :\: 1 J.nr " " '\ ~ , .500 " ..'i00 I S 177.82,j ,,\ J,\ill6 3l 2?1,640 1: 22, I (J4 :t 7A~ .110" ~ _1,46:1 ..2_ '4S.7FI ']; $ 7,1:;,2(,7 :;; 3,ll!)7 ~ 7> Ifl,.'\(,J '~ J.I Il,J (,,1 :t 17,7RJ :J; .-- 266,J47 'j; SBCRA lones Cottage I (,11an' Co~1 Option' O(,.(N 20] 1 ,\.Is\. l.'i.noo 7.000 '.-,1() \.',--11 ~ 1,500 --., 1.50() IMUd, :h 13,r,J(, -, 11."5" 21.1% ':n,15c 1,,\90 'J!,5~ ! l..Jd.5~j ::;, <)(, 7 -~",._- ~:,7 ,:'; 1 (, 'J ~ ; ._'~ 1 (\ 11,.XI', ,qJJl COllll11rllts/Didsioll Totals lTp!::l'lldcs Uryond Base t\lIOW\I\1~" ----_.- lJ(J!.!r:lflrs ncynn(l nns(' ,.__. _Upt:l'nfh~.s !}.!'.:I',onrl Basc H~' Tellrml '" Rase ConlTacl :\llowrlll((, :\ lImnmcr ~~ f)." l1rt ::r1' KL ",\UnIx", J.YN\ I:ll'liFTRrrnm Boynton Beach CRA - Jones Cottage Tenant Options Preliminary Budget Estimate Kaufman Lynn Construction, Inc. June 9. .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 cost~ for any permit'!; (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. S Construction type. finish scheme, and overall1ayout are based on the Architect's Nan'ative EmaiI dated June 1.2011. 6 We have included General Conditions costs based on the Tenll1lt Buildout happening concurrently with the base 'shell' contract. Division 2 - Sitework & Demolition 1 Sitework is limited to the additional preparation work required for the respective building additions beyond the size of the 'shell' contract i building. Division 4 - Masonry I We have not included any work for the frreplacelchimney The exisitng unit is to remain. Division 9 - Finishes 1 All Interior Finishes have been included as all(\wances based on the Architect's Narrative email. Division 10 - Specialties 1 We have not included any interior or exterior signs. Division 11 - Equipment 1 We have included a $50.000 allowance for the food service equipment (walk-in cooler. kitchen equipment, hoods, stainless steel counter tops, etc.) Division 16 - Electrical 1 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. 2 We have included a $1,500 allowance for a fire alarm system. 3 We have not included any Chandeliers, Ceiling Fans, or 'Upgraded' Light Fixtures - To Be Provided by Tenant. 4 We have included a $1,500 allowance for the low voltage systems. This Estimate / Budget costs and suggestions proposed by Kaufman Lynn are offered in good faith with the understandillg thot it is the design professional's responsibility tc insure compliance with applicable codes and consistency 'with design intent. XL Simon. Michael From: Simon, Michael Sent: Thursday, June 16, 2011 9:51 AM To: 'soleiI33@aol.com' Cc: Brooks, Vivian Subject: CRA Board request Importance: High Good morning Sandra; Per the direction of the CRA Board at Tuesday's meeting, please provide to staff the following documentation by June 30,2011, so that we may have time to review your information for further project/tenant feasibility discussion at the July 12,2011 CRA Board meeting. 1. Updated business plan with 5 year financial projections including balance sheets, income statements and cash flow statements. 2. Proof of opening and/or operating capital. Acceptable forms of proof can be bank statements, IRA's, 40lK's, line of credit, etc. 3. Detailed marketing plan and budget. 4. Detailed list of equipment already owned or that you will be purchasing for the project. 5. Credit report for all principals to be involved in the company (cannot be older than 60 days). Please call me if you have any questions about regarding this request. Thank you. Respectlully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 01/-(561) 737-3256 Fax-(561) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. SS 2510- 2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person Page 1 of 1 Simon, Michael From: Brooks, Vivian Sent: Monday, June 20, 2011 4:30 PM To: 'soleil33@aol.com' Cc: Simon, Michael Subject: Ribbon Cutting Event Hi Sandra, the CRA is planning a ribbon cutting event for the three Ocean Avenue projects on Friday, August 19th from 6:00 pm - 7:30 pm. We are planning on having a band and refreshments at the amphitheatre at 6:00 then walk over to the cottage which should have the deck poured by then. We were hoping you might want to have some food and refreshments on the deck for the Board/Commissioners/visitors. They will then move on to the marina. Let me know if you want to participate. Thanks. Vivian L. Brooks Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 brooksvi@bbfl.us 7/2712011 Simon, Michael From: Sent: To: Simon, Michael Tuesday, June 21, 2011 4:35 PM 'soleiI33@aol.com' Cc: Brooks, Vivian Subject: FW: CRA Board request Importance: High Good afternoon Sandra: I wanted to follow-up with you regarding the email (below) I sent last Thursday, June ] 6th concerning the information requested by the CRA Board at their June 14th meeting. Additionally, CRA staff is creating a business incubator agreement that will outline the rent/lease expectations for your review and presentation to the Board at the July 12th meeting. Please let me know if you have any questions or need any additional information, Look forward to hearing from you soon, Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 011-(561) 737-3256 Fax-(56l) 737-3258 simonm@bbfLus Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C SS 2510- 2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message IS not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication IS strictly prohibited. If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: Simon, Michael Sent: Thursday, June 16, 2011 9:51 AM To: 'soleil33@aol.com' Cc: Brooks, Vivian Subject: eRA Board request Importance: High Good morning Sandra: Page 2 of2 Per the direction of the eRA Board at Tuesday's meeting, please provide to staff the following documentation by June 30, 2011, so that we may have time to review your information for further project/tenant feasibility discussion at the July 12, 2011 eRA Board meeting. 1. Updated business plan with 5 year financial projections including balance sheets, income statements and cash flow statements. 2. Proof of opening and/or operating capital. Acceptable forms of proof can be bank statements, IRA's, 401K's, line of credit, etc. 3. Detailed marketing plan and budget. 4. Detailed list of equipment already owned or that you will be purchasing for the project. 5. Credit report for all principals to be involved in the company (cannot be older than 60 days). Please call me if you have any questions about regarding this request. Thank you. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. ~~ 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person '7/"l'7/"lf\1 1 j.a t~ t Simon, Michael From: soleil33@aol.com Sent: Wednesday, June 22, 2011 9:43 AM To: Simon, Michael Cc: Brooks, Vivian Subject: Re: CRA Board request Good Morning Michael I did receive your email on Thursday. I am working on the requested documents...not sure I will be able to make the deadline but will have a better idea by monday. Please advise me when the information is available for the lease/incubator agreement as this is important to the process I was surprised to see that the cottage had been moved and I was not notified as I have requested several times in the past. Thank you, Sandra -----Original Message----- From: Simon, Michael <SimonM@bbfl.us> To: soleil33@aol.com Cc: Brooks, Vivian <BrooksVi@bbfl.us> Sent: Tue, Jun 21, 2011 4:35 pm Subject: FW: CRA Board request Good afternoon Sandra: I wanted to follow-up with you regarding the email (below) I sent last Thursday, June 16th concerning the information requested by the CRA Board at their June 14th meeting. Additionally, CRA staff is creating a business incubator agreement that will outline the rent/lease expectations for your review and presentation to the Board at the July 12th meeting. Please let me know if you have any questions or need any additional information. Look forward to hearing from you soon. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 011-(561) 737-3256 Fax-(561) 737-3258 simonm@bbfJ.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. ~S 2510- 2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E Mail in error, please notify the sender immediately at the phone number above and delete the Information Page 2 of3 from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: Simon, Michael Sent: Thursday, June 16, 2011 9:51 AM To: 'soleil33@aol.com' Cc: Brooks, Vivian Subject: eRA Board request Importance: High Good morning Sandra: Per the direction of the CRA Board at Tuesday's meeting, please provide to staff the following documentation by June 30, 2011, so that we may have time to review your information for further project/tenant feasibility discussion at the July 12, 2011 CRA Board meeting. 1. Updated business plan with 5 year financial projections including balance sheets, income statements and cash flow statements. 2. Proof of opening and/or operating capital. Acceptable forms of proof can be bank statements, IRA's, 40 I K's, line of credit, etc. 3. Detailed marketing plan and budget. 4. Detailed list of equipment already owned or that you will be purchasing for the project. 5. Credit report for all principals to be involved in the company (cannot be older than 60 days). Please call me if you have any questions about regarding this request. Thank you. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(561) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. ~~ 2510~2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person 7/27/2011 r!a:.!, Simon, Michael From: Simon, Michael Sent: Wednesday, June 22, 2011 11 :32 AM To: 'soleiI33@aol.com' Cc: Brooks, Vivian Subject: RE: CRA Board request Good morning Sandra: First let me apologize for not sending you an email about the move date. I got caught up in managing the process for the multiple projects and unfortunately forgot. Regarding the requested information, please do your best to gather the documentation by the 30th. The incubator agreement is still being worked on and contemplated but I'll send it to you in "draft" form when completed by Vivian. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm(ij)bbfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18U.SC ~~ 2510- 2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: soJeil33@aol.com [mailto:soleil33@aol.com) Sent: Wednesday, June 22, 2011 9:43 AM To: Simon, Michael Cc: Brooks, Vivian Subject: Re: eRA Board request Good Morning Michael, I did receive your email on Thursday, I am working on the requested documents...not sure I will be able to make the deadline but will have a better idea by monday. Please advise me when the information is available for the lease/incubator agreement as this is important to the process. I was surprised to see that the cottage had been moved and I was not notified as I have requested Page 2 of3 several times in the past. Thank you, Sandra -----Original Message---- From: Simon, Michael <SimonM@bbfl.us> To: soleil33@aol.com Cc: Brooks, Vivian <BrooksVi@bbfl.us> Sent: Tue, Jun 21, 2011 4:35 pm Subject: FW: CRA Board request Good afternoon Sandra: I wanted to follow-up with you regarding the email (below) I sent last Thursday, June 16th concerning the information requested by the CRA Board at their June 14th meeting. Additionally, CRA staff is creating a business incubator agreement that will outline the rent/lease expectations for your review and presentation to the Board at the July 12th meeting. Please let me know if you have any questions or need any additional information. Look forward to hearing from you soon. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm(Q).bbfJ. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. SS 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: Simon, Michael Sent: Thursday, June 16, 2011 9:51 AM To: 'soleil33@aol.com' Cc: Brooks, Vivian Subject: eRA Board request Importance: High Good morning Sandra: 71'>71'>fll1 I a L~,~ Per the direction of the CRA Board at Tuesday's meeting, please provide to staff the following documentation by June 30, 2011, so that we may have time to review your information for further project/tenant feasibility discussion at the July 12. 2011 CRA Board meeting. 1 . Updated business plan with 5 year financial projections including balance sheets, income statements and cash flow statements. 2. Proof of opening and/or operating capital. Acceptable forms of proof can be bank statements, IRA's, 40 lK's, line of credit, etc. 3. Detailed marketing plan and budget. 4. Detailed list of equipment already owned or that you will be purchasing for the project. 5. Credit report for all principals to be involved in the company (cannot be older than 60 days) Please call me if you have any questions about regarding this request. Thank you. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm@.bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. SS 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person Page 1 of 4 Simon, Michael From: Simon, Michael Sent: Monday, June 27,2011 4:53 PM To: 'soleiI33@aol.com' Cc: Brooks, Vivian; Harris, Susan Subject: RE: CRA Board request Hello Sandra: In an attempt to provide you with some rent figures to use as you build you business plan, CRA staff has incorporated the cost of the interior restaurant conversion as the monthly payment. Staff would be recommending some form of sliding or increasing payment over the course of the first five years of a 20year term. The cost of construction is estimated at $240,000. This amount amortized over a 20 year term at 3 % interest works out to a monthly payment of $1 ,331.03 plus maintenance and insurance. CRA staff is looking at several different scenarios where the monthly repayment amount is reduced by 50-25% in the earlier years of the lease to defray the initial costs needed for start-up. An example might be zero repayment for the first six months, 50% of the repayment for the next 18 months, then 75% for the next 24 months and 100% of the repayment by the fifth year. Property maintenance and insurance would be required each month from the beginning of the lease. These costs are estimated at $300.00 per month. CRA staff is looking at a five year lease with an option to renew for an additional five years at five year intervals for a total of 20 years. Another option would be a ten year lease with and option to renew for an additional ten years. Your business plan/model can be generated with the best case scenario as you determine it based on your projections. As you know l CRA staff does not have the authority to approve any lease or term associated with the Ruth Jones Cottage or any other CRA owned property. The above are conceptual terms for the purpose of providing you some assistance in formulating your business plan as requested by the CRA Board. I hope this information helps. Please let us know if you have any questions or need any additional information that will assist you. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm ({j)j)bfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. ~~ 2510- '7/""'7/""1\1 1 . aL:~ 2521 and IS legally pnvlleged The Information contained in tillS [-Melli :~ illtendee; only lor use aT me Indl\l,tJrIClr UI entity named above If the reader of this message is not the ir1tenejed reqJlent or the employee Cf agenT responsible for delivering It to the Intended recipient you are 11ereby notified that any dissemination dlstntJlitio:: or COPYing of this communication IS strictly prohibited 11 you receive HilS EMad !n error please notify the sender Immediately at the phone number above and delete the Information from vour (OrnpUler Please do not cop' use It for any purpose nor disclose Its contents tn <Jny other persnr From: soleil33@aol.com [mailto:soleil33@aol.com] Sent: Wednesday, June 22, 2011 9:43 AM To: Simon, Michael Cc: Brooks, Vivian Subject: Re: eRA Board request Good Morning Michael, I did receive your email on Thursday. I am working on the requested documents...not sure I will be able to make the deadline but will have a better idea by monday. Please advise me when the information is available for the lease/incubator agreement as this is important to the process. I was surprised to see that the cottage had been moved and I was not notified as I have requested several times in the past. Thank you, Sandra -----Original Message----- From: Simon, Michael <SimonM@bbfl.us> To: soleil33@aol.com Cc: Brooks, Vivian <BrooksVi@bbfl.us> Sent: Tue, Jun 21, 2011 4:35 pm Subject: FW: CRA Board request Good afternoon Sandra: I wanted to follow-up with you regarding the email (below) I sent last Thursday, June 16th concerning the information requested by the CRA Board at their June 14th meeting. Additionally, CRA staff is creating a business incubator agreement that will outline the rent/lease expectations for your review and presentation to the Board at the July 12th meeting. Please let me know if you have any questions or need any additional information. Look forward to hearing from you soon. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(56]) 737-3258 Page 3 of4 simonm((j)bbfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. ~S 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: Simon, Michael Sent: Thursday, June 16, 2011 9:51 AM To: 'soleil33@aol.com' Cc: Brooks, Vivian Subject: eRA Board request Importance: High Good morning Sandra: Per the direction of the CRA Board at Tuesday's meeting, please provide to staff the following documentation by June 30, 20 II, so that we may have time to review your information for further project/tenant feasibility discussion at the July 12, 2011 CRA Board meeting. 1. Updated business plan with 5 year financial projections including balance sheets, income statements and cash flow statements. 2. Proof of opening and/or operating capital. Acceptable forms of proof can be bank statements, IRA's, 40 I K's, line of credit, etc. 3. Detailed marketing plan and budget. 4. Detailed list of equipment already owned or that you will be purchasing for the project. 6. Credit report for all principals to be involved in the company (cannot be older than 60 days). Please call me if you have any questions about regarding this request. Thank you. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm((j)bbfl. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 9S 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of ,.., ,"',., J,... r\" .. ,'aEI this communication IS strictly prohibited. If you receive this E-Mail In error, please notify the sender Immediately a' the phone number above and delete the information from your computer Please do not copy or use it for an" purpose nor disclose its contents to any other person Page 1 of 1 Simon, Michael From: soleiI33@aol.com Sent: Tuesday, July 12, 2011 11 :39 AM To: Simon, Michael Subject: phone call Hi Michael, I apologize for not returning your call yesterday as J was working well into the evening. I did notice you called and left a message I am unfortunately not able to get away to call you. If at all possible could you please email me and I will respond accordingly. Thanks, Sandra '7/'") '71')(\ 1 1 Simon. Michael From: Simon, Michael Sent: Tuesday, July 12, 2011 2:31 PM To: 'solieI33@aol.com' Cc: Brooks, Vivian Subject: FW: CRA Board request Importance: High Hello Sandra: Thanks for getting back to me. My phone calls were in reference to several emails we sent regarding the CRA Board's request for additional business and financial information for review concerning your future tenancy at the Jones Cottage, I was just following up with you to see how things were coming along and to let you know that since we were unable to obtain the documentation, Vivian has had to move the full agenda item until the August 9th meeting. The Board's agenda for tonight's meeting carries an "update" on the status of our tenant review in the event that you want to attend. Please let me know if you need any assistance with gathering the Board requested information by July 26th Regarding the Cottage project, the eRA has issued a Work Order with REG Architects to continue the detailed construction plans & building permit process (6 week timeframe) for the interior restaurant renovation based on the Board approving design Option II at last month's meeting. Progress will continue on the exterior work as currently designed and permitted, If you have any additional questions or concerns, please do not hesitate to contact me. Respectfully, Michael Simon Development Director Boyn ton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(561) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U,S,C, SS 2510- 2521 and is legally privileged, The information contained In this E-Mail is intended only for use of the individual or entity named above, If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer Please do not copy or use it for any purpose nor disclose its contents to any other person Page 2 of3 From: Brooks, Vivian Sent: Wednesday, July 06, 2011 9:53 AM To: 'soleil33@aol.com' Cc: Simon, Michael Subject: FW: CRA Board request Importance: High Hi Sandra, I'm following up on Mike's e-mail below. When do you think you will have the information below for us? Thanks. Vivian L. Brooks Executive Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 brooksvi@bbfl.us From: Simon, Michael Sent: Thursday, June 16, 2011 9:51 AM To: 'soleil33@aol.com' Cc: Brooks, Vivian Subject: CRA Board request Importance: High Good morning Sandra: Per the direction of the CRA Board at Tuesday's meeting, please provide to staff the following documentation by June 30, 2011, so that we may have time to review your information for further project/tenant feasibility discussion at the July 12,2011 CRA Board meeting. 1. Updated business plan with 5 year financial projections including balance sheets, income statements and cash flow statements. 2. Proof of opening and/or operating capital. Acceptable forms of proof can be bank statements, IRA's, 401 K's, line of credit, etc. 3. Detailed marketing plan and budget. 4. Detailed list of equipment already owned or that you will be purchasing for the project. 5. Credit report for all principals to be involved in the company (cannot be older than 60 days). Please call me if you have any questions about regarding this request. Thank you. Respectfully, Michael Simon Development Director Boynton Beach eRA _1""'_1_1"\111 aiLt 915 S. Federal Highway Boynton Beach, FL 33435 011-(561) 737-3256 Fax-(561) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 992510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person Page 1 of2 Simon, Michael From: soleil33@aol.com Sent: Tuesday, July 12, 201110:06 PM To: Rodriguez, Jose Subject: Ruth Jones Cottage To: eRA Board members and staff I would like to take a moment to address the current status of our engagement regarding the Ruth Jones Cottage. Since October 2010 when my Proposal for the "201 Trading Post" was accepted in favor over the other proposals I have attended numerous meetings with CRA members, KL Construction and REG Architects discussing design and interior build out, schedule and process of the project. However, to date I have not received any agreement or Letter of Intent that outlines the scope of this project. Additionally, the CRA staff continues to change the commitment to the build out, including the exterior requirements (i.e. canopy, no canopy, bench, no bench). Once again, this is verbal and not substantiated. What I have received from the CRA are numerous verbal commentaries such as: When I specifically asked a member of the CRA who was my advocate that I could count on to ask questions and represent my interest was told "frankly no-one". This project may not be yours, "There are no guarantees that you will even have the space." Even a suggestion that I should look for another location. The staff has even attempted to change the "brand name" of the project to Trading Post Restaurant. I have been patiently waiting for some form of commitment from the the CRA staff in order to move forward. When I inquired to this fact I was told not to do "anything" until a budget was established and approved by the Board. At that time I would understand my level of commitment and decide how I would want to proceed. When the budget was approved at the previous meeting I was then given a two week time line to produce information that would take significantly more time. As recently as last Sunday, July 10th. The Sun-Sentinel ran an article naming myself as the "vendor" showing a picture of the cottage being transferred to it's new location. However, after numerous attempts to request that I be notified of the date and time of the move. I was not notified! Interestingly enough, I received two emails from two different CRA staff members on the day before and the day of the move. The first asking if I would be interested in providing the food for the ribbon cutting in August and the second describing what my "rent" obligations would be. (wait..is this my project?) When I addressed the issue I was told "sorry" I was to busy with all the projects going on...yet the media entire Board and other residence were present. Currently, you are requesting a complete financial disclosure. I have clearly stated in my proposal what we plan to be financially responsible for. I have clearly stated that this project will be set up as an independent corporation. I have my own resources in ,.., J"'''' II"t.r\" .. Pa~\ ;, addition to a small group of private investors that will aSsIst me Il1 provIdmg the necessarv funding if and when the eRA provides me with the documentation that we have been waiting patiently for. At such time as ( receIve thIS document in conJunction with an executed non-disclosure agreement and non-circumvention agreement I will provide you with our business plan inclusive of marketing plan. I am enthusiastic to see that the cottage is well on its way to becoming a landmark restaurant in Boynton Beach and I am confident that I have the ability to produce the concept that "}" proposed. In conclusion, I applied for this project based solely on the idea that the eRA was providing an opportunity for a local resident, small business owner to establish a restaurant that may not otherwise have the opportunity. After 30 plus years in the restaurant and catering business this is not new to me. Respectfully, Sandra Gagne Page 1 of2 Simon, Michael From: Brooks, Vivian Sent: Wednesday, July 06, 2011 9:53 AM To: 'soleil33@aol.com' Cc: Simon, Michael Subject: FW: CRA Board request Importance: High Hi Sandra, I'm following up on Mike's e-mail below. When do you think you will have the information below for us? Thanks. Vivian L. Brooks Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 brooksvi@bbfl.us From: Simon, Michael Sent: Thursday, June 16, 2011 9:51 AM To: 'soleil33@aol.com' Cc: Brooks, Vivian Subject: eRA Board request Importance: High Good morning Sandra: Per the direction of the CRA Board at Tuesday's meeting, please provide to staff the following documentation by June 30,2011, so that we may have time to review your information for further project/tenant feasibility discussion at the July 12,2011 CRA Board meeting. 1. Updated business plan with 5 year financial projections including balance sheets, income statements and cash flow statements. 2. Proof of opening and/or operating capital. Acceptable forms of proof can be bank statements, IRA's, 401K's, line of credit, etc. 3. Detailed marketing plan and budget. 4. Detailed list of equipment already owned or that you will be purchasing for the project. 5. Credit report for all principals to be involved in the company (cannot be older than 60 days). Please call me if you have any questions about regarding this request. Thank you. Respectfully, Michael Simon Development Director 7/?7/?011 f at:: " Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 011-(561) 737-3256 Fax-(561) 737-3258 simonm@bbfI. us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. SS 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person Page 1 of 1 Simon, Michael From: Brooks, Vivian Sent: Monday, August 01, 2011 3:34 PM To: Simon, Michael Subject: FW: response fyi From: soleil33@aol.com [mailto:soleil33@aol.com] Sent: Monday, August 01,20111:51 PM To: Brooks, Vivian Subject: response Good Afternoon Vivian, I did receive your email and will respond accordingly. I am currently at work so my time is limited today...J will however respond as quickly as possible. Thanks Sandra 8/4/2011 ~~Y~Te~ eRA . East Side-West Side-Seas'lde Rena'lssance eRA BOARD MEETING OF: August 9,2011 I I Consent Agenda I X I Old Business I I New Business Legal I Executive Director's Report SUBJECT: Discussion of Proposed Change Orders Associated with the Ruth Jones Cottage Project SUMMARY: At the March 9, 2011, CRA Board meeting, the Board approved Task Order No.2 Under Continuing Contract with Kaufman Lynn Construction Inc. for the completion of three Ocean Avenue Projects: Boynton Harbor Marina Entry Feature, Ocean Avenue Amphitheater and Ruth Jones Cottage Relocation. As of the today, the Boynton Harbor Marina Entry Feature and the Ocean Avenue Amphitheater projects are nearing completion without any delays or major issues. The Ruth Jones Cottage project has proved to be more challenging. The current construction phase has revealed structural weaknesses and deficiencies within the structure itself. These unforeseen structural weaknesses and deficiencies required Kaufman Lynn to issue Requests for Information (RFI) Orders to REG Architects in order to obtain detailed design and engineering direction in order to address each discovered construction concern. The lack of noticeable progress is a direct result of the time it takes to produce and respond to these RFls. Based on the architectural directives provided by REG, Kaufman Lynn has generated a list of Proposed Change Orders (PCOs) corresponding to each RFI totaling $16,758.52 and General Conditions of $28,457.70 up to the completion date of September 19, 2011. Additionally included are PCOs relating to necessary architectural/engineering design revisions being made to the window package in order to accommodate a future restaurant which total $6,808.35. FISCAL IMPACT: $52,024.57 - Reallocate unutilized Cornerstone DIF A #02-58400-443 of $56,000 to Construction in Progress #02-58200-404 CRA PLAN, PROGRAM OR PROJECT: Community Redevelopment Plan, Downtown Vision and Master Plan RECOMMENDA TIONS/OPTIONS: Option 1: Approve the change orders under Task Order No.2 associated with the Ruth Jones Cottage project in the amount of$52,024.57. Option I: Deny the change orders under Task Order No.2 associated with the Ruth Jones Cottage project in the amount of$52,024.57. ~ Vivian L. Brooks, Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\8-9-11\Jones Cottage Project Change Orders.doc KU 1'\1\.'\ 1.,\''\ u I\;-;TIH CTH}'\ ..uy 15,2011 Boynton Be!dl Comrru1ity REdevelopment A9f!!JflOi Attn: ViviCll Brooks 915 S f'Em'a HigtrN~ Boynton Be&d1, FL 33435 M rs. Brooks, PJeasebeaMsed on July ff' 2011 KUlTBllynn ecpsiEl1C8:J adefay resulting from non-~iatlle permitted !trucl1Jra reinforcsnerd. dElta.s as pertains to the Ruth .bnes ~ Sruc:tural CCI'pEI1try con IlIIeOC8:1 on .lily f!' CI1d WC6 ceass:J on jjy a'h. The rancining struauraI reinforament md suIJss:1lS1t rEmaining building shell aiivities CS1 not beoorJ1llEta:i a this time. AEe~H~I(Mf thefoUOIIVing to a:Idress section 8.3.2 of the contrcd~ed. Thisdel~ isadire::t result of theaJITEntfy open RF111UJ'Tt)s-s4, 5, 9,10 a1d 11 as submittEd to REG Archite:fure on 617/11, 617/11, 712111, 7/2111 CI1d 712111 respectively. Thealticipate::i delay isa hat to the bUilding l!t1eIl oompfetion. Theettent of thedday continues a1d is unkncMIn at this time. There:xJll111El1da:19l1ution is to rE9Jlvetf1e~ RFf'sald nnYveoorre:1a:i &rudt.r'aI dravingsto atiress the opel RAsviaREGArchite:iure. EvalLBion eX the GPM s::hsjuIeoffers the structuni reinforoen e It as per the rorrentIy psmitta:f palS is not possibfethus ctfeding the setting of the building on the fOUl'1di:tion a1d subsequently the interior a1d eKterior frani 119, wil"ldows. doors cI1d siding elemerlts of theproje::t. The site work dirEdly surroundirg isafs> ctfEds:l asthebtilding is not SEt. Seecttcd1ed CPM ~e To a:k:Iresssedions4.4 a1d 7.4 perUining to delay of the oontra::t qEemem in rtl]Clds to the agnrnst of cost reast to the ctJove mentioned delay KaJfrTal L yrm Construction. loc. CS1 not 8gn a (X)St a tis time as the full edent of thedelay is lI'lI<rnNn. PosBble overhead a1d subcontra:f costs may result from the rEqUired detcils needed to cddr'e!s the opEf1 RAs. Richad E. BrONn III Projoot: M~ . ". . //.'/1 / /,' REo:ivei by: 17,//,,;;. /'l". r.; / _) j rI/le,-... Sinn<lt.",., - 4 . // /1 1/ . -, - ~KllAMe: --:;:',;."-:/",: i/,?,.,..-t~ ~/ /~ /',< c?;". De./(,,<;/ ",C ,/,<' ..:~, ,7. .: -_. .- "'- -------. rAtM HE ACYl flt'OWAj{f) MIAMI.DJ.J)f: --.. - ......... \UFMAN LYNN :\"STRlTCTTOX \'.'wwknufnloll!yrr. r0111 Claim for Additional General Conditions Narrative As per the Delay letter dated 7/15/11 and revised CPM schedule attached to it the Ruth Jones Cottage has been in delay since July 8th due to non-applicable structural reinforcement details, unknown structural conditions and subsequent future tenant considerations in design. As per the current continuing task order contract the three projects: Children's Amphitheater, Ruth Jones Cottage and Marina Entry were budgeted concurrently in regards to general conditions and labor. The completion of the Children's amphitheater and Marina Entrance is slated for August 19th. The completion of the Ruth Jones Cottage is unknown at this time. As per the direction received at the City Council Meeting all changes must be reviewed by the City Council in regards to the projects. As the date of this meeting is August 9th the delay will continue until a mutually acceptable resolution is agreed to. Considering the information above the request for general conditions has been reviewed in terms of a daily cost which calculates at $810.40 per day for Supervision, Project Management and Administration and $138.19 per day for General Conditions. The attached spreadsheet taken directly from the current task order schedule of values divides the general conditions and overhead for KLI personnel into a daily figure for each line item. Currently the extended duration is unknown since it is pending City Council approval of additional and changed scopes of work as well as the construction documents for the tenant build-out. Upon approval of the revised scope of work Kaufinan Lynn will provide a CPM schedule for the completion of the Ruth Jones Cottage. PALM BEACH 606 Bonyan Troil. BO((J Rolon. f[ 33431 PH 561.36!.6700 FX: 561.361.6979 BROWARD 4987 N Unlver\lly 01. tt 13A. luuderhill. fl 33351 PH 954 m 70n fX 954310.7025 MIAMI-DADE 1200 Bllckell Ave :11950. M'omi. Fl33:31 PH 3054000\60 f X 3054249073 'roject: Id# 01-045 01-030 01-520 01-515 01-550 01-560 01-810 01-850 01 -200 01-900 01 -960 01-915 01-975 B, A All Projects Amphitheater, Cottage and Marina Totals 'Oescri tion GENERAL REQUIREMENTS Trailer Bond Premium Temp Toilets Cell Phones Trash Removal - Dumpster Vehicle!Travel Expense - Gas, OiL I"rucks - - Construction Clean-Up Labor Misc Tools Safety Total Superintendent Project Manager Accounting Se_nior Project Manager I L-_,c,.~._. Total,,,,, Quantit lInit 5 Is I \s 10 Is 5 Is 15 Is 5 Is 40 wb 5 Is 5 Is 20 20 20 20 wks wks wks wks Wk Rate 2,202 2,800 , 1 ,~OO , U77 % Date: Duration: lJ nit Price 200.00 $ 11,95617 $ 75.00 $ 45000 $ 300.00 $ 600.00 $ 300.00 $ 750.00 $ 450 00 $ Ajust Per % on Job 100% 50% 30% 0% 2,202.00 $ 1,400,00 $ 450.00 $ 0.00 $ January 4, 20 II 900 8 Amount 1,000 11,956 750 2,250 4.500 3,000 1 2.000 3.750 2,250 $41 456 44,040 28,000 9,000 $81 ,040 Per Da $3.33 $39.85 $2.50 $7.50 $15.00 S10.00 S40.00 $12.50 $'7,50 (~~3N ;) Per Day $440.40 S280.00 '190.00 'ill,OO .-.-.- -~-_.._- - -""._--,'_.~~---~~. - ...~~~- "---- ~-~--~-~----- -----,-----~..- - .~-,.,..,.....,._- -'--"-'-'~-'=~~-~~"'~'~ ',;': 11'" wwwkoufmonlynri (om KAUFMAN tYNN ''\STRPCTTO'\" Proposed Change Order Explanation Narrative: pca # 5). Cottage Chimney Structural Surround: Change resulting from existing conditions as questioned by KLI in RFI # 10. As per the contract document the existing chimney was to be salvaged and transported with the structure. Upon interior demolition the existing structural framing surrounding the chimney was deemed inadequate to carry the load of the required structural reinforcement. As a result reinforcement at this area is required. Pricing is reflected here. pca # 6). Cottage Structural wall repairs: Change resulting from existing conditions realized once demolition of interior wall boarding and exterior siding was commenced. The existing structural integrity of the wall and exiting opening locations was not suitable for remedial repair as per the contracted plans. This cost relates to the added detail # 6 on Sheet A5.1 as required to reinforce the structural integrity of the exterior walls. Pricing is reflected here. pca # 7). Cottage Roof Beam Details and Support: Change resulting from non- applicable roofbeam reinforcement details. The indicated glue lam beams and prop studs could not be implemented as per the contracted details. As a result the details were questioned by KLI in RFI # 4 and the result was a site visit to review with the engineer of record. As per revised sheet S 1.3 dated 7/22/11 the new structural reinforcement approach addresses not only the basic support but the future tenant needs and selected layout. Pricing is reflected here. pca # 8). Cottage Rotted Structural Elements: Change resulting from existing conditions as questioned by KLI as per RFI # 5. Upon demolition of the asbestos laden and lifting of the structure by the house mover structural elements were deemed as rotten and damaged to the point of necessary remedial repair. Specifically the floor beams, floor joists, wall studs and rafters in many locations throughout the structure. As a result detail 12 on S 1.3 was added and details 1 and 2 on S 1.4 to repair these elements. Pricing is reflected here. pca # 9). Cottage Structural Sheathing: Change resulting from existing conditions as questioned by KLI as per RFI # 8. Initial RFI requested limits of repair as per contracted drawings. The site visit resulted in the determination that the exterior sheathing was in fact providing lateral support to the extent it would need to be removed and replaced in total with *" plywood throughout as per added detail 2 on S 1.4. Pricing is reflected here. PALM BEACH 606 Bonyon Troil. Bo(O Rolon. Fl 33431 PH .\61-361.6700 FX; 56! 361.6979 BROWARD 49B71l University Or, tlI3.~ lnuderhili fl 33351 PH 954310.1021 IX 9.14.3107025 MIAMI-DADE 1200 Bmkellf.ve. ti 1950 .~~iomi Fl 33 '3! PH 305AOO,0160 f) 305424.9073 KAliFMAN LYNN ,STRl TTHn PCO # 10). Cottage West Patio Revision: Change resulting from future tenant needs and direction received from REG dated 7/26/11. The new patio layout differs from the original contract drawings patio layout. The current direction considers the future tenants needs. Pricing is reflected here. PCO # 11). Cottage Windows: Change resulting from future tenant needs and direction received from REG dated 7/1 Ill. Original contract drawings indicate replacement of select windows. During permit submittal revisions all windows were revised to indicate impact and as such to be replaced in total. The latest direction, sizing of windows and doors, stems from the future tenant needs and selected layout. Pricing is reflected here. peo # 12). Cottage Delay General Conditions Daily Rate: Daily calculation of General Conditions resulting from RFIs 4, 5, 9, 10 and 11 and subsequent changes to the contract drawings and scope costs. Cost proposal pertains to the continued compensable delay to the project. The overall applicable duration is unknown at this time as to finalize the total cost. PALM BEACH 606 Bonyan Trod Bow Rulon ft 33431 PH 56136/6700 FU613tl6979 ---- BROWARD ---------.-.- MIAMI-DADE .-~------ ~98 7 I~ UIlI\el~lly 01. N 13r, luuderhill fl33351 PH 954370 7027 :~ 954370707', ! 100 BlIckell ~,c ;: ! 95li 1,'.lumtf l n J . PH 3i11 400 0160 ! i 305 41HO 3 Kaufman Lynn Construction, Inc. PROPOSED CHANGE ORDER No. 00005 606 Banyan Trial Boca Raton, FL 33431 Phone: 561-361-6700 Fax: 561-361-6979 fITLE: PROJECT: Boynton Beach CRA Improvements Chimney Structural Surround DATE: 7/22/2011 JOB: 907 CONTRACT NO: TO: Attn: Vivian Brooks Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737-3256 Fax: (561) 737-3258 From: Number: RE: To: DESCRIPTION OF PROPOSAL Chimney reinforcement due to existing conditions as per RFI # 10. Install new 2 x 12 header with 2 x 4 cripple studs to underside of top plate. Header to span entire width of chimney height. *Plus General Conditions to be based on compensable delay Item 00001 00002 00003 00004 Description Stock# Install new 2 x 12 header with 2 x 4 cripple studs above to under side of top plate. Header to spane entire width of chimney height. Labor 2 men, 8 hours at $45.00 = $720.00 Materiallwnber, plywood and straps = $102.00 Schiappa Markup = $100.00 eM Fee based on 15% General Liability Insurance based on .60% Bond based on 1.27% Quantity Units 1.000 Unit Price $562.00 Tax Rate Tax Amount Net Amount 0.00% $0.00 $562.00 1.000 $84.30 0.00% $0.00 $84.30 1.000 $3.88 0.00% $0.00 $3.88 I. 000 $8.26 0.00% $0.00 $8.26 Unit Cost: $658.44 Unit Tax: $0.00 Total: $658.44 APPROVAL: Date: Expedition @ By: By: Vivian Brooks Bruce Cavossa Date: - .. - - . _ .......... _ """"'" ___ ...-rt ....... ---.......-.--- --.. . ......... iii :="'::: = ~= ::::.::~:.: - - - - BOCA RATON, FL RUTH JONES COTTAGE Boynton Beach, Fl. July 30, 2011 CHANGE ORDER #6 In reference to RFI 10 SCOPE OF WORK Structural wall area at chimney Install new 2"x 12" header with 2"x 4" cripple studs above to under side of top plate. Header to span entire width of chimney at mantle height. Use same framing method as over new doors. a) Labor - 2 men, 8 hours at $45.00 b) Material - Dimensional lumber, plywood straps and nails c) Supervision, overhead & profit $ 720.00 $ 102.00 $ 100.00 TOTAL $562.00 Kaufman Lynn Construction, Inc. REQUEST FOR INFORMATION No. 00010 606 Banyan Trail "l:Joca Raton, FL 33431 Phone: 561-361-6700 Fax: 561-361-6979 TITLE: Chimney Details vs Vaulted Ceiling DATE: 7/2/2011 JOB: 907C PROJECT: Boynton CRA - Ruth Jones Cottage TO: Attn: Al Phillips REG Architects STARTED: COMPLETED: REQUIRED: 7/9/2011 Please review the existing chimney in regards to the intent of the vaulted ceiling in that space. Details for the chimney header will needed to be reviewed and clarified for the overall intent of the buildout space. Requested By:Kaufman Lynn Construction, Inc. Date: 7/2/2011 Signed: Richard E. Brown, III ANSWER: 2/2 x 12 initial feeback from andrew Morgan dated 7/28/11 via e-mail. Answered By: REG Architects Signed: Al Phillips Date: 8/1/2011 Richard Brown From: ,ent: To: Cc: Subject: Denise Cravy [Denise@regarchitects com] Thursday, July 28, 2011 1109 AM Richard Brown: Gerard Landi Simon, Michael; AI Philips: Vlad Dumitrescu; Andrew Morgan FW 0901408._BB CRA Cottage .. Updated RFI Log - 07.26 11 Rick/Jerry, Please see below regarding RFI's #9, #10 & #12. Thank You, Denise S. Cravy REG Architects, Inc. Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank. Thank you. -----Original MeSSBge----- From: Andrew Morgan [mailto:andrewconsulting@bellsouth.net] Sent: Wednesday, July 27, 2011 4:44 PM To: Denise Cravy Subject: Re: 09014.08_BB CRA Cottage - Updated RFI Log - 07.26.11 Denise. RFI #9 - Does it matter what method is used to replace rotten siding with new 3/4" CDX plywood? No. ;,. RFI #12 - The awning will be fastened to the exterior of the west fa~ade. Need to Reinforce the wall horizontally at this location. Add 2 studs at support. Thank you, Andrew Morgan, '.ndrew Morgan Services, 513 US 1, Suite 109, North Palm Beach, FL 33408. T. 561 881 8999 F. 561 881 0087 -----Original Message----- From: Denise Cravy Sent: Wednesday, July 27, 2811 2:85 PM To: Andrew Morgan ubject: RE: 89814.88_BB CRA Cottage - Updated RFI Log - 87.26.11 Thank you Andrew, A few items to finalize: RFI #9 - Does it matter what method is used to replace rotten siding with new 3/4" COX plywood? RFI #18 - Chimney header at exposed ceiling. I have requested photos of this area. This will need to be looked at from a design standpoint. RFI #12 - The awning will be fastened to the exterior of the west fa~ade. Need to Reinforce the wall horizontally at this location. Thank You, Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from ,ny computer or other data bank. Thank yoa. -----Original Message----- From: Andrew Morgan [mailto:andrewconsulting@bellsouth.net] Sent: Wednesday, July 27, 2811 4:38 AM To: Denise Cravy Subject: Re: 89814.88_BB CRA Cottage - Updated RFI Log - 87.26.11 Denise, I sent you updated plans that cover the new framing required due to the mechanical mezzanine. I think that we are up to date on the RFIs. Thank you, Andrew Morgan, Andrew Morgan Services, 513 US 1, Suite 189, North Palm Beach, FL 33488. T. 561 881 8999 F. 561 881 8887 -----Original Message----- From: Denise Cravy Sent: Tuesday, July 26, 2811 4:46 PM 0: Andrew Morgan ~ubject: 89814.88_B8 CRA Cottage - Updated RFI Log - 87.26.11 2 Andrew, Please see attached RFI log. Do you have any of these details ready? Thank You, Confidentiality Notice: The information contained in this transmittal, including any attachment, is privileged and confidential information and is intended only for the person or entity to which it is addressed. If you are neither the intended recipient nor the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance on the contents of this transmittal is strictly prohibited. If you have received this transmittal in error, please contact the sender immediately and delete this transmittal from any computer or other data bank. Thank you. From: Richard Brown [mailto:rbrown@kaufmanlynn.com] Sent: Tuesday, July 26, 2e11 2:24 PM To: Denise Cravy Cc: Gerard Landi; SchiappaConst@aol.com; Simon, Michael Subject: Updated RFI Log For your records and review. Looks like we are down to only a few open. Rick Brown Kaufman Lynn Construction, Inc. 3 - . - -- . " ...... ------- -~......_---- .:::I.L.IIII.&I...Ia.III..= -....- ------ .... ...... - -............. _... ....- . . !! !! BOCA RATON, FL. RUTH JONES COTTAGE Boynton Beach, Fl. July 30, 2011 CHANGE ORDER #3 SCOPE OF WORK As Der revised S-1.4 roof Framine: Plan received 7/22/11 Removal of existing 2"x 6" ceiling joist and redesign on roof framing, Remove 2"x 6" ceiling joist through out structure. Add new 2"x 4" collar ties metal straps and 3/8" plywood to underside of existing 2"x rafters and collar ties through entire ceiling. a) Labor - 3 men, 18 hours at $45.00 b) Material - dimensional lumber, plywood straps and nails c) Supervision, overhead & profit $ 2,430.00 $ 1,040.00 $ 521.00 TOTAL $3,991.00 - - . . -- ......... --....--- ---.......---- 3~! !!!!!!!!~ - ---- - -- ..........--... -- -- ; ; BOCA RATON, FL. RUTH JONES COTTAGE Boynton Beach, Fl. SCOPE OF WORK As oer S - 1.3 dated 7/22/11 Elimination of Glulam beams and prop studs. A deduction of $2,145.00 for labor and material from original contract price is given back in leiu of new ceiling design. a). Gluelam beams - material b). 3 men, 6 hours at $45.00 TOTAL July 30, 2011 CHANGE ORDER #7 In reference to RFI 8 ($ 1,335.00) ($ 810.00) ($2,145.00) Kaufman Lynn Construction, Inc. PROPOSED CHANGE ORDER No. 00007 606 Banyan Trial Boca Raton, FL 33431 Phone: 561-361-6700 Fax: 561-361-6979 TO: Attn: Vivian Brooks Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737-3256 Fax: (561) 737-3258 DATE: 7/28/2011 JOB: 907 CONTRACT NO: TITLE: Roof Beam Details and Support PROJECT: Boynton Beach CRA Improvements RE: To: DESCRIPTION OF PROPOSAL From: Number: Unit Cost: Unit Tax: Total: $5,134.63 $0.00 $5,134.63 APPROVAL: By: By: Vivian Brooks Bruce Cavossa Date: Date: Expedition @ Page 2 of2 Kaufman Lynn Construction, Inc. 0, PROPOSED CHANGE ORDER ~ o. 00007 606 Banyan TrIal Boca Raton, FL 33431 Phone: 561-361-670U f'ax: 561-361-6979 TITLE: Roof Beam Details and Support PROJECT: Boynton Beach CRA Improvements DATE: 7/28/201 ! JOB: 907 CONTRACT NO: Attn: Vivian Brooks Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737-3256 Fax: (561) 737-3258 TO: RE: To: DESCRIPTION OF PROPOSAL Roof reinforcement costs stemming from non-applicable structural detail lOon S 1.3 as raised by RFI # 4 and more currently altered reinforcement to allow for vaulted ceiling in dining area in anticipation of new layout. Cost for structural framing as per S 1.3 revised 7/22/11. Removal of existing 2"x 6" ceiling joist and redesign on roof framing, Remove 2"x 6" ceiling joist through out structure. Add new 2"x 4" collar ties metal straps and 3/8" plywood to underside of existing 2"x 6" rafters and collar *Plus General Conditions based on compensable delay. Item Description Stock# 00001 Glue laminate beam and prop stud credit Material ($1,335.00) Labor ($810.00) 00002 Labor for ceiling joist and redesign of roof framing to allow for vaulted ceiling - 3 men, 18 hours at $ 45.00 = $2,430.00 Material for ceiling joist and redesign of roof framing to allow for vaulted ceiling as per revised SI.3 = $1,040.00 Schiappa Markup = $521.00 00003 Structural mezzanine framing as per S 1.5 received 7/22/11 Labor 2 men, 18 hours at $45.00 per hour = $1,620.00 Material lumber, plywood metal straps and nails = $586. OC Schiappa Markup = $33100 00004 eM Fee based on 15% 00005 Liability Insurance based on .60% 00006 Bond based on 1.27% From: Number: Quantity Units 1000 U nit Price ($2,145.00\ Tax Rate Tax Amount Net Amount 0.00% $000 ($2.14:' (0) 1000 $3,991.00 $3.')9 1(1) 0.00% so.oo 1000 $2,537.00 $0.00 $2.:'\7.00 0.00% 1000 $657.00 $30.24 $000 $000 $30.24 $h57.00 0.00% O.OO~'o 1.000 1.000 $64.39 $0.00 $M.39 0.00% APPROV AL: By: Vivian Brooks Date: Expedition @ By: Bruce Cavossa Date: ~8tL WAL.l-, EXI&TING. 2X &TUP& AT 16" MAX NEW f'L.IT~ PL.ATC ~1&TING. OF (2) 2X~ WIT'" '" fDl. YUlOOD eETU.eEN EXI&TING. TOP fDl.ATE& 48") Cl-O FL.Ot NEW CRIF'PL.E& AT 16" OC MAX. o ~;~1~: I \~W DOOR ~ \0PEN1NaJ ,NEW WINDOW ~ , 0fDEN1NG NEW 2X STUDS AT NEW 0fDEN1NCi& u&E MIN. 16d NAIl- FA&TENE~ - EXI&TINaJ !'OTTON fDl.ATE& Q WD FRAMING DETAIL \.:::.J NTS NOTE, -SEE &TRlCTURAL Du.t:i& FOR HTL STRAP DETAIL& TO RAFTER (&IolT. 41&2) -U&E &11'1fD&ON &TtltONG TIE '&&P' AT ALL. &TUP ~CTION& TO TOlD AND !!OTTON PLATE, AND WINDOW &ILLS -u&E &1MfD6ON &TtltONG TIE 'M&TC' AT WINDOW AND DOOR I4EADE~, AND COIIO!NER& OF WINDOW AND DOOR Ot=ENING&. Kaufman Lynn Construction~ Inc. REQlJEST FOR INFORMATION ~ o. ()UOO I 606 Ball) an Tr;lIl Boca Ratoll. 1'1. 33431 r'holJ('~ ~I' 1- ,(, i -(,700 .. 3\: 561- J(,j -()97') TITLE: Windo\\ & Roof Framing DATE: .l!2)/20 I JOB: 907(' PROJECT: Boynton eRA - Ruth Jones Cottag.e TO: Attn: Al Phillips REG Architects ST ARTED: COMPLETED: IlEQUIREIJ: "12/2011 Re: Existing framing, Ruth Jones Cottage We have remo\'Cd some of the siding on the interior of the ('ottage and examined the attic space and have discovered the following items. Windows: The existing windows arc the old sash type w/counter wieghts. Therefore there are no jack studs supp0l1ing. a header above the window.The "headers" arc 1x4's on the flat toe nailed in through the studs for support. The cripples underneath the windows arc rotted. [ see photo's I Please advise on rcframing the windows. Cieling/Roof: The ceiling joists span ti'<l1ll exterior wall to exterior wall and are 2"x6" I north/south 1 There IS a stiftback that is running peqJel1<.ficular to the joists that is attached with metal straps[ see photos] and bears on the livlIlg room wall. Sinee the roof is constmcted using a Ridge Ream/Joist system and not Tl1Isses,[pholosl we will be unable to support the ceiling after the interior walls are removed. Please advise how YOll would want us to support lhe cci ling. Refluested By: Kaulinan Lynn Constructioll. (nl: Date: 4262011 Signed: .klT} I.andi ANSWER: to'~OO'^.J0" ~ sdS A1I~c:J-tCb ~ISttJ 5~ A-5.) Lt ILi N ls1 I (2t{)f: f' ~f' 6€F bItL~"'T.J S r , · '-f A NO A - LJ. J .I (N"I€N'i (5 --rD Arb rletifj~5 (N 'T~ Lt!1LI^J(/l DNC~ ~ .8~1 N Vr \..j AU.i t11t: -m CA=\~'( -\~ l oA~5 A{J.S<- f4c M ~ '-.l 'C!) , Answered 8~': RHi ,'\n:hlh:cts A--c- qJ n-n). \ ~:j R\.'Uf (j1./-1.1 \ Date: Sigued: AI PhillIps - . - -.- . .. ---. -----~- ---....._-~-- 3!.:! !!!.!!!!!!..! - .... - -.. ......_~.-.- '-- - . !!! !! BOCA RATON, FL. RUTH JONES COTTAGE Boynton Beach, Fl. SCOPE OF WORK As per new detail 6 on A-S.l New window and door structural framing. Remove existing window, door and studs and reframe using new detail scope work as affects all four exterior walls. a) Labor - 3 men, 18 Hrs @ $45.00 b) Material - dimensional lumber, plywood, metal straps and nails. c) Supervision, overhead and profit. TOTAL June 30, 2011 CHANGE ORDER #1 Ref. to RFI # 1 $ 2,430.00 $ 625.00 $ 458.00 $3,353.00 Kaufman Lynn Construction, Inc. PROPOSED CHANGE ORDER "0. 00006 hOb Banyan TnaJ Boca Raton, FL 33431 Phone: 561. 3bi -() 700 Fax: 561-36]-6979 flTLE: Structural Wall Repairs DATE: 7/28/2011 JOB: 907 CONTRACT NO: TO: PROJECT: Boynton Beach CRA Improvements Attn: Vivian Brooks Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737-3256 Fax: (561) 737-3258 RE: To: DESCRIPTION OF PROPOSAL From: Number: Structural Framing Cost associated with added detail # 6 on sheet AS.! attached, transmitted via REG in response to RFT # ! for the Ruth Jones Cottage. *Plus General Conditions based on compensable delay. Item 00001 00002 Description Stock# New structural opening franring including flitch Plates consisting of (2) 2 x lOs with 1/2" plywood between Labor 3 men for 18 hours (Ii $45.00 = $2,430.00 Materials - lumber, plywood. metal straping and nails = $625.00 Schiappa markup = $458.00 eM Fee based on 15% Quantity Units 1000 Unit Price $3,353.00 Tax Rate Tax Amount Net Amount 0.00% $0.00 $3.35300 1.000 $503.00 Cl.OO% $0.00 $503.00 1000 $20.12 0.00% $0.00 ~20. 12 1000 $49.23 0.00% $000 S4l/ ~i Unit Cost: $3,925.35 Unit Tax: $0.00 Total: $3,925.35 00003 General Liability Insurance based on .60% 00004 Bond based on 1.27% APPROVAL: Date: Expedition @ By: By: Vivian Brooks Bruce Cavossa Date: - . - -.. .. "-. ..... -....----- :si!:n!UlJliri --- .... - -........ --.. -- -- - .. !!! !!! BOCA RATON, FL. RUTH JONES COTTAGE Boynton Beach, Fl. July 30, 2011 CHANGE ORDER #2 SCOPE OF WORK As per new 8-1.5 Mechanical Mezzanine plan Structural framing Install double 2"x 8" floor joist under new 2"x 4" bearing walls 16" OC with 3/8" plywood one side of each wall, 2"x 6" ceiling joist 16" OC, blocking and Yz" AP A rated plywood on top of joist. a) Labor ,-2 men, 18 hours @ $45 b) Material - dimensional lumber, plywood, metal straps and nails c) Supervision, overhead and profit $ 1,620.00 $ 586.00 $ 331.00 TOTAL $2,537.00 Kaufman Lynn Construction, Inc. REQUEST FOR INFORMA TJON No. 00004 606 Banyan Trail loca Raton, FL 33431 Phone: 561 - .H)I -6 7( I(} Fax: 561-361-697Y TITLE: Roof Beams DATE: 6/7/20 I ! PROJECT: Boynton CRA - Ruth Jones Cottage TO: Attn: Al Phillips REG Architects .JOB: 907(' ST ARTED: COMPLETED: REQUIRED: 6/14/2011 PLEASE REVIEW THE A TT ACHED PHOTO OF THE RAFTERS AND FLOOR JOISTS. IF THE BOTTOM OF THE ROOF BEAMS ARE TO BE 1 12 ABOVE THE TOP OF THE CEILING JOISTS [ IO-S1.3] THEY WILL BE ABOVE THE ROOF LINE AT THE WALL. PlEASE ADVISE. Requested By:Kaufrnan Lynn Construction, Inc. Signed: Richard E. Brown, IIT Date: 6/7/20 II ANSWER: Revised S 1.4 received via Andrew Morgan and REG 7/22/11 . Answered By: REG Architects Signed: Al Phillips Date: 7/22/2011 Kaufman Lynn Construction, Inc. PROPOSED CHANGE ORDER No. 00008 606 Banyan Trial Boca Raton, FL 33431 Phone: 561-361-6700 Fax: 561-361-6979 TITLE: Rotted Structural Repairs DATE: 7/28/2011 JOB: 907 CONTRACT NO: 1 PROJECT: Boynton Beach CRA Improvements TO: Attn: Vivian Brooks Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737-3256 Fax: (561) 737-3258 RE: To: DESCRIPTION OF PROPOSAL Cost associated with repair to rotted floor joist as per RFI # 5. As per added detail 12 on 81.3 repairs are to span from bearer to bearer. Also includes 2"x 8" floor joist, 2"x 4" wall studs and plates and 2 x6 rafters as needed to repair rotted areas. From: Number: *Plus General Conditions based on compensable delay. Description Stock# Replace or sister all structural dimensional lumber 4"x 6" floor support beams, 2"x 8" floor joist, 2"x 4" wall studs and plates and 2 x6 rafters. Labor 2 men 12 hours at $45.00 per hour = $1.080.00 Material lumber straps, and nails = $850.00 Schiappa Markup = $290.00 eM Fee based on 15% Liability Insurance based on .06% 00004 Bond based on 1.27% Item OOOO! 00002 00003 Quantity Units 1.000 Unit Price Tax Rate Tax Amount Net Amount $2,220.00 0.00"10 $0.00 $2,220.00 1.000 $333.00 0.00% $0.00 $333.00 1.000 $15.32 0.00"10 $0.00 $15.32 1.000 $32.62 0.00% $0.00 $32.62 Unit Cost: $2,600.94 Unit Tax: $0.00 Total: $2,600.94 APPROVAL: Date: Expedition <!!> By: By: Vivian Brooks Bruce Cavossa Date: == . .. --- ---..----- -=;;r n ;,,1"1 !P'!!.ll"In =-:=: ~~-=!;!~~ _ __- .._....'oIIi....__ __ ; ; BOCA RATON, FL. RUTH JONES COTTAGE Boynton Beach, Fl. July 30, 201 J CHANGE ORDER #5 In reference to RFI :'\ SCOPE OF WORK Rotted structural lumberrepairs As per revised 81.3 dated 7/22/11 Replace or sister all structural dimensional lumber 4"x 6" floor support beams, 2"x 8" floor joist. 2"x 4" wall studs and plates and 2 x6 rafters. a) Labor - 2 men 12 hours at $45.00 b) Material - dimensional lumber, straps and nails c) Supervision, overhead & profit $1080.00 $ 850.00 $ 290.00 TOTAL $2,220.00 Kaufman Lynn Construction, Inc. REQUEST FOR INFORMATION No. 00008 606 Banyan Trail 10ca Raton, FL 33431 Phone: 561-361-6700 Fax: 561-361-6979 TITLE: Exterior Existing Siding DATE: 7/2/2011 JOB: 907C PROJECT: Boynton CRA - Ruth Jones Cottage TO: Atln: Al Phillips REG Architects STARTED: COMPLETED: REQUIRED: 7/9/2011 Please advise as to the limits of the existing rotten wood siding to be replaced. Areas to be reviewed at our 6/24/11 site meeting with Andrew Morgan. Requested By:Kautlnan Lynn Construction, Inc. Signed: Richard E. Brown, III Date: ANSWER: Per Andrews review and direction the existing siding adds lateral support to the structral framing and new 5/8" CDX will be required throughout the exterior. '.evised S1.4 Received on 7/22/11 via Andrew Moragan and REG. Clarified to be 3/4". Answered By: REG Architects Signed: Al Phillips Date: 7/22/2011 Jun 17 11 1157a Andrew Morgan fJ618810081 Kaufman Lynn Construction, Inc. REQUEST FOR INFORMATION No. 00005 606 Banyan Trail Boca Raton. fL 3343 J PboJle: 561-361-6700 Fu: 561-361-6979 TITLE: Rotted Floor Joists PROJECT: Boynton eRA - Ruth Jones Cottage TO: Attn: Al Phillips REG Architects DATE: 6/7 no 11 JOB: 907C STARTED: COMPLETED: REQllRED: 6/14/2011 SOME OF THE fLOOR JOISTS ARE ROTTED BOTH AT THE PERIMlTER AND INTERIOR OF THE COTTAGE, PLEASE ADVISE AS TO LIMITS Of REPLACEMENT AND A'ITACHMENT FOR NEW MEMBERS. Rcqllel!ite4 By: Kaufman Lynn Construction, Inc. Signed: [(jchard E. Brown. UJ 6m201l Date: ANSWER: .... e&;p~ AU.. - ~A'('O~ eJ<.\STf~';;' lc>N",ec..,.ol:.C;. - ~NErC1'"" dr....Sr 'fl) t-4s-w ~ /1ikt$T1N' ~ P~CL )Er~v t>( S l.3 . pW\ 6{ ~ p, AnS1YCJ'H SJ': REG Architects Stl1led : AI Phillips D.tc: Kaufman Lynn Construction, Inc. REQUEST FOR INFORMATION No. 00005 606 Banyan Trail loca Raton, FL 33431 Phone: 561-361-6700 Fax: 561-361-6979 TITLE: Rotted Floor Joists DATE: 6/7/2011 JOB: 907C PROJECT: Boynton CRA - Ruth Jones Cottage TO: Attn: Al Phillips REG Architects STARTED: COMPLETED: REQUIRED: 6/14/2011 SOME OF THE FLOOR JOISTS ARE ROTTED BOTH AT THE PERIMITER AND INTERIOR OF THE COTTAGE, PLEASE ADVISE AS TO LIMITS OF REPLACEMENT AND ATTACHMENT FOR NEW MEMBERS. Requested By:Kaufman Lynn Construction, Inc. Signed: Richard E. Brown, III Date: 6/7/2011 ANSWER: As per our site meeting with Andrew Morgan 6/24/11 the rotted floor joist are to be removed back to the first "ier and replaced with 2 x 6 on either side sistered to the new 4 x 6 and tied to the stemwall. Revised S 1.3 received via Andrew Morgan and REG 7/22/11. Answered By: REG Architects Signed: Al Phillips Date: 7/22/2011 2-16d ~LS AT ENDS 16d NAILS AT 12" O.C. I SIZE AND TOP OF NEW AND EXISTING JOISTS SHALL MATCH NEW JOIST TO SPAN FROM BEARER TO BEARER 12 NEW JOIST EXISTING JOIST JOIST SISTERING DETAIL 3/4"="-0" In TOP OF I OR ;., I . ~ EL -( ~ 1/."\llIIlJIG SCllR.2 'lOT,,;,. oft CWNI 1'1: Tll """" .... 5., -. L21,'~i2 , "l; ~ i \ :-~=fl ~ lr;.\.Ta:.. Tl: 86:.:~",rf~-r:f; SECTION . ~_._~-"-----,.~._~.- """" .... iO v,' ~ 1'L'lWlilllD1l) 1I/&'S IW1Ell fllITOlllffTtJVCCWrlttl:lW1HlId)lll,UAf,. :CIBltCNl j -IU S/4'1liPl.'IIlllIO ~lO~-.nI,o;llM.AT"o.c.~ 4"O.cAfCCllNl5llf'1'II(1I&IlNO. SECTION .--~- f_.rN~~._Y"~.~..~,.".. ~.~.~-,.~_. -~--'~-~~l \ ~~c-~~ l I r ~... _::-' i L_~~_~~~~~~_~____~ ;-~, ~ \ 8 ' c::" l C J (--, , D , ~ ", . L 3 , ~i oo~.JWIO~~ I :I e ROOF F~tNG PLM ~.. ~' t..,i .. .........- ~ - . ......- "1 ncG I"--I~ :o':t\\~~::i;=- I ...It C.' r. c,. s ~........,- _ . . 1 N ,.. It I 0 " S '''''ANN'!fS {NeOIl"o".." ~ ~ m. \t88 RICK GONlAI.H., A.LA I'R'E!ll'DHI'T ~ll;.OO)4P JOJEVERNI;.STliEET JTHFU, WEST PAUl BEACH FLORID' 1]Jf11 I'lj, (~/I II 6 5 ~ ~"l!' FAA' (1 6 l! . ~ } 9 . S 5 4 ~ --- C01U'QRATION NUMBER AA-lDll...7 t I', ,1 BOYNTON BEACH CRA HISTORIC JONES COTIAGE RELOCATION ClCf..V("VE.lst~1lI51REE.1 ilO,(~rlBEACH,R..nm "IDTE'\ITCRA I I .~----- I ~ DATE IANUARY6,201J SCALE lW_l'.()'" J>RAWN AIM CHIlCKED AIM ROOF FRAMING PLAN __ IIOClID1S 8-1.4 IDlllm - SI,lIItTAl FEG 'CHrTECTS TERrORS LANNERS lNCORPOR~TED 3m EVERNIA STRFIlT. ~rn R.OOR WEST PAUd BEAOI FLORIDA 33401 (5 6 I) . 6 j 9 . 2 J 8 J 2'-llZl" DOO~ 0) N I - .g i r: ..... I ..... - ~ I en ..... I ell : I RESTROOM PLANS 1/4" = 1'_0" PROJECT: BOYNTON BEACH JONES COTIAGE RELOCATION Address: Ocean Avenue & SE 4th Street BOYNTON BEACH, FLORIDA 33435 RFI-ll JOB #00014.8 DATE: 07-21-11 RFI #11 - BEARING WALL REINFORCEMENT EST. 1 9 8 8 CJ 0) OJ )> 23'.7" 7'-10' 7'-11' 1'-10' - JI ~ l ---1----1 ;;----.----1 ~ ----+--- ----t-rT- ----+- I LGT3-SDSL5, STRAP R85 TO TRIPPlI STUIlS --....---- ~ -;:;; ~ R85 TO ~ ~ -~ -~_.~~._-~--:=.......... o-f-;;::;'= - - - - +- - - EiiSiiNG- ~ AT 2~" O.C - - -' COIlflRW ~ ~ ----t--- ~-------n -------lJ 1- -- I ~} ---+---- ~~~1~[ r.---"'- . ~ > L. f+lHtttW -'OC1URE I ! ~ -'>' ~ 5i , !\ e/ if , \ , 61) / " " " I " /, "" (]) I "-- (i)/ ,Y 6'-7" 6 7. 9'-3" 7'-3' a. ("" \." . , o. c...> (~ -(~ " 1:1 I ...g~ ~ d~ I~i Kaufman Lynn Construction, Inc. PROPOSED CHANGE ORDER No. 00009 606 Banyan Trial Boca Raton, FL 33431 flTLE: Phone: 561-361-6700 Fax: 561-361-6979 Cost for Structural Sheathing DATE: 7/28/2011 JOB: 907 CONTRACT NO: 1 PROJECT: Boynton Beach CRA Improvements TO: Attn: Vivian Brooks Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737-3256 Fax: (561) 737-3258 From: Number: RE: To: DESCRIPTION OF PROPOSAL Removal and Replacement of exterior structural sheathing as per RFI # 8 and Section 2 on SI.4 received 7/22/11. *Plus General Conditions based on compensable delay. Item 00001 00002 00003 00004 Description Removal of Existing Structural Sheathing Throughout. Reinstallation with 3/4" plywood as per new Detail 2 on SI.4 dated 7/22/11 Labor: 3 men for 15 hours @ 45 per hour = $2,025.00 Material 3/4" plyoow and nails = $1,270.00 Schiappa Markup = $494.00 eM Fee based on 15% Liability Insurance based on .60% Bond based on 1.27% Stock# Tax Rate Tax Amount Net Amount 0.00% $0.00 $3,789.00 Quantity Units 1.000 Unit Price $3,789.00 1.000 $568.35 0.00% $0.00 $568.35 I. 000 $26.14 0.00% $0.00 $26.14 I. 000 $55.67 0.00% $0.00 $55.67 U nit Cost: $4,439.16 Unit Tax: $0.00 Total: $4,439.16 APPROVAL: Date: Expedition @ By: By: Vivian Brooks Bruce Cavossa Date: - - . . --- -~..~--,- ===r =-'"I=n:-.";;-: =~~ -=:..=~~~ - -- - -... -...-.... -- -- ; ;; BOCA RATON, FL. RUTH JONES COTTAGE Boynton Beach, Fl. July 30,2011 CHANGE ORDER #4 SCOPE OF WORK As per section 2 on 8-1.4 roof Framinl! Plan received 7/22/1 1 Demo & Installation of exterior structural sheeting: Remove existing l"x 6" structural siding on all exterior walls and install new 3j.," CDX plywood. a) Labor - 3 men, 15 hours at $45.00 b) Material - plywood and nails c) Supervision, overhead & profit TOTAL $ 2,025.00 S 1,270.00 $ 494.00 $3,789.00 1 2 1/4" DlA LAG SCREW, 2 TOTAL. NEW COllAR nE TO EXISTING RAFTER ~ .., 'lo I i-'l 11. e ~ o ~ EXISTING RAFTER NEW 2x4 COllAR nE AT EACH RAFTER NEW 3/8" 1H PLYWOOD TO U/S OF RAFTER AND COllAR nE. FIX TO RAFTER/COllAR nE WITH 8d RING SHANk NAILS AT 6" O.C. SECTION 3/."=1'-0" NEW J/8" 1H PlYWOOD TO U/S OF RAFTER FIX TO RAFTER/COUAR nE WITH 8d NAILS AT 6" O.C. NEW H6 STRAP, 8-8d TO RAFTER AND TO STUD EXI NEW 3/." 1H PLYWOOD FIX TO STUDS WITH 10d NAIL AT 6" O.C. 'TYP, ." O.C AT CORNERS OF 1HE BUILDING. A B 1 7'-10 'b 'I 'I-- " ,.... I i-'l .... ~ 'I 'I-- J J Kaufman Lynn Construction~ Inc. PROPOSED CHANGE ORDER '\0. 00011 606 Banyan Trial Boca Raton, FL 33431 Phone: 56] -:;61-6700 Fax: 561-36]-6979 TITLE: DA TE: 7,29/20 I i Cottage Windows PROJECT: Boynton Beach CRA Improvements JOB: 907 CONTRACT NO: TO: Attn: Vivian Brooks Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737-3256 Fax: (561) 737-3258 RE: To: DESCRIPTION OF PROPOSAL Changes to window scope and sizing per attached drawings provided by REG in anticipation of future tenant layout. From: Number: *Plus General Conditions to be based on compensable delay. Item Description Stock# 00001 Credit for original cottage window and door budget Single Hung Windows. ($3,780.00) French Doors: ($2,650.00) Budget Fee Cerdit ($643.00) Liability Insurance Credit based on .06% (42.44) Bond Fee Credit based on 1.27% (90.37) Budget Fee Credit: (643.00\ 00002 Quoted cost fro Pearce Windows & Doors per new window and door schedule attached via REG dated 71]' 1 I via e-mail correspondence 00003 CM Fee based on 15% 00004 Liability Insurance based on .60% 00005 Bond based on 1.27% Quantity Units 1.000 Unit Price ($7,2058]) Tax Rate Tax Amount Net Amount 000% $0.00 ($72u5 g i I ! (lOll .)] 3,01 7.00 0.00% $0.00 $L'.!! 00 1.000 $87168 0.00% $000 $~-] AX 1000 $40.]0 0.00% $000 ~4!11O 1000 $85.38 0.00% $000 S~',,8 Unit Cost: $6,808.35 Unit Tax: $0.00 Total: $6,808.35 APPROVAL: By: Vivian Brooks Date: Expedition @ By: Bruce Cavossa Date: ~PEARCE . WINDOWS & DOORS, INC. ,IGH RIDGE ROAD, #7 BI..lt'NTON BEACH, FL 33426 PHONE: 561-732-1127 FAX: 561-732-1170 CUSTOMER QUOTE PAGE 1 OF PRICES FIRM FOR 30 DA YS MATERIALS 11,267.83 SEE CONTRACTS FOR TERMS SALES TAX Included CUS NAME: Kaufman Lynn Construction JOB NAME: Ruth Jones Cottage DELIVERY 100.00 ADDRESS: 606 Banyan Trail JOB ADD: Ocean Ave & SE 4th Street INSTALL 1,650.00 Boca Raton, FL 33431 Boynton Beach, FL 33435 TOTAL AMOUNT 13017.83 PHONE # 561-361-6700 Contact: Richard Brown III Cell: 561-756-3674 FAX # 561-361-6979 E-mail: rbrown(ii2kaufman Ivnn. com ORDER # QUOTE DATE CONSTRUCTION TYPE TERMS IDEPOSIT SALESMAN CUST PO 8/1/2011 Other 50 % Down, 50% on or before Delivery JODEAN HIBL 'II< :t ffi MUNTINS EXTENDED w ROOM OR FRAME GLASS ~~ ::! HARD JAMB UNIT z MARK QUAN COLOR GENERAL DESCRIPTION TYPE LITE 01\ WARE EXT. PRICING AMOUNT :J COLOR lil 1 2 WHITE Gry lam 6'0 X 7'0 Storefront Doors NO 2 1 " " 3) 36-1/2" X 60" Fixed Windows 3-wide NO 3 1 " " 3'0 x 7'0 Storefront Door NO 4 3 " " 31" X 52" Single Hung y GOL 2x212x2 5 1 " " '2) 53-1/8" x 52" Single Hung 2-wide y GOl 3x2/3x2 6 7 1 Installation 8 9 JELD-WEN Aluminum Impact Winc;lows 10 White Frames, Gray Laminated Imhi3ct Glass, 11 Grilles as noted, Screens 12 13 Storefront Impact Doors 14 White Frames, Gray Laminated Impact Glass, 15 ADA Threshold, Push/Pulls, Surface mounted closer 16 17 All Si2;es and Quantities must be verified 18 19 NOTE: Installation option is into vour prepared/bucked 20 openings SIGNED: JODEAN HIBL 561-578-9918 Accepting for Pearce Windows and Doors SIGNED: Accepting for Kaufman Lynn Construction SEE PAGE N/A FOR TERMS ON MATERIALS BEFORE SIGNING SEE PAGE N/A FOR TERMS ON INSTALLATION BEFORE SIGNING .......u.~ 3} 50UT'i_E~e:\I.t>.T~'2N ./ 1/"" "1'_~. ~ti". ~f;"f t I '-- ..... ..-..... ~ --- --, tllr:I'P''"'''" tllr:r,..'- ~ (3) ~:?~~~ ELEVATION ElEv A TI~I&ECTIQ.l6IOET AILe KE"(,NOTE6 ~"~~Yiln'a1lft1~(~roa~ .... -..~1"\MGlItT1aitt1loOlU. r-..TQ.~J .---.... ~- ~-._~- - -....,. 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UMft'"'"'-t-..: 1'Q~) ~Ii~'r""'~ ... . ~ ......T~.....c:T ~ (...~~ REG .1,lIc.,'.cr8 'IN'../OItS PLANNIAS INCOIIPQJfJ.r6;; 00 EST.IHI RiCK GONZALEZ, ALA ~RES10ENT .\.R OOI.jll~ 1l.I1E\lWtHTlEFT JJllAJl 'to' ~s r P,l, LM ~ F Al Ii ,1UKIDA j);O' I'll llbli aj; ,j!) ~A)' 11 b I) ~; 'i """, ",~oI/\".lutrl.l> 'Ii'" rORPOR^T10N NtrMBER IA.{W)J.P BOYNTON BEACH CRA HISTORIC C01TAGE RELOCATION (l(HN"'VEUE""~l1UET Wl'NTON.6EACli,FlHm REVISIONS DATE AUGUSi 10,21110 ~CALI:: !I~ "I'..u DRAWN os CIiECKED...p,1t.EG lEG~ lJIllJ4.lllI (91010 Iti.iib'~ II .........: ...".....- -..- ........ Mm& M....,. NI:nU 1Hl:IINA.-1'(lIiI ~ atLT MoD DO*,,--..;r~T1CINI~ EXTERIOR BUILDING ELEV A nONS CO~UCllON DOCUMENTS A-3.1 ~w ro-~UBMITL\L 1t,l# D"S(;J'illtinu I (IUillltil\ I l" nil Cnit Pdu: I HlHIIHI Windnws :lnt! !loon; j)f(...uuo r ,\:tcrior ~11n..1ij\'1 s :-\.\ "t ~ 1" UlJ S Hit! AmllUUI I SiHSF ( 'omuwlIts :-,. 11..130 { 7xlt $4.:'0 <,elm lJX.i}1i1 Dl'"rsJ:\iai"f\.' .p)"Pair'iiil {";'I,,'ilt'k'I\\tlhGb/!II!J ,\ ,'<\ h5il(!U $ !.')';~' S2,li-----Smilh-- -------..----.------- 'is.:)I).:! lk1or"lrH':fHlll} .rl!"SlI1gk) ~ "'I i,Oiill 'i. 7il/' SO,?>; Smith _~HG_~~~~~~U~~di~~~I~~-_--_~-----~~--~-~--+~--~I~rul:; s~~_ S55h~~~1 l)9..00/l Fill.isht's <; 7,266 ~'~~ Interior Dr) Iln!! hirlili(lll~i.__.___________________ __~()(~________-'''-'--_____ r------- ___ .---':'__~_ __~____-..--2:26\) __~t~______g~,~J~______ (\\).\100 P'liutinll. "oO :.,j i III $ '.Ihl\ $1 17 Y Smith f------.. __ ______ _____ __ __un ---______ __ ___________________ _ _________ _______________ ~~)J Cahinet Vil!!;ly ()i~;:JU N~~'.:yc:;;i.':'.~,,2:I_ ______ _______________.._______-..-!.....______._____..__J.~____ ._..__.______--.:i~~~_ .~________ 450_ _...__J~.~_______.!"_I.,I.:........___. Ill.,1I0ll SIIl!(:ii.lti,'~ II).O\) 1 __ !~~::?_!':.~niUg. ~~\l '. 26U _____________.. e-_l (1-1)(.\2 .___ l~,~~~~::y~;;""IG" " 19,'.1;;(1 .___~________________________~~I_____~ ,1__________ _______,1 "l.U(!_ ...~________~QQ... _.____.E(L:2;; .. ___.....::\L_______ I L, I 7:\1)00 S l,hO $/'l.( !\lal't1ak .____..__.______.______________ _____________ ._____________ __._____ .._..__._________________ __m____ __.___._____ I ~.II(1(1 \IFCIJ..\\ili '\L 15-100 Pllllllhini!. lIintS0:\,).1 - Toilet '1. Sink; I . ~ gal V'iater 1kuk.f) .\ <0,\ -1~,-::~ii.)2 S;~;Tl--;;;~.I..ln,:;;_------.--------.------.-------..---.- _______________m____ --f------~j(1 ---..-.--1;:----- --.---- ---------------.------------.---.------.----.------------.------- ----- -.-------.----.- ~__()I) __ _t~Y.:./\C' ~J.!.1':.n:l\I2..Llll (17 SEER I',plip ; j'ib,,! Lhldlv,.>lli _____________~~~ ___~___ 2, 7';!,S.{ HJ " 20.625 s: \U55 $'l.2l\ Glolll' s -.---1::;20 ~--~~!.-G0 f--------.-(;i~;I;;:_-- ------------- . --...-------.------.---- 1; _~~ ______'i:;\ I~~ -..-!'."I'fl",:J1\'II\L_ J~.OO --_.------------ ----- 2.1 ~ll.OO 16..110(1 ELE<TlW.\1 " 3(;.7/10 H,.USn Scrvict:1 l:- 7 j()O.OO $ 7.)()() ~lU.; ClII'P"I\l('1' ---'----- ----~---------- -- - - ---:- --------------,-- ---c--t----------- J {;.()51 Sit"'U~ht Pub,l l'i1 ))O(lU $ :?200 $2,,';H Clil'(ll"lIlt'l :=I0__{15-2'=~~!~~I\':.!:!J2.~~ghts_________ --------.-~===_~=_~==-=r:_~___~~=-~=- =_~-~~I _==- ==:::-::=~:~-2~)~T0= :j,..-----~-=I:2.~ _~ fJ:;;-:;-r---( 'a~I;;~lt~i= I (1-053 Lkdn~al ,!lId Ilghllllg I is 20.000,00 S .)O.flOIJ S22L' ('llfJWnlt'l' ,'c,.l)-S3 I'in; AI~;;:;;;(I;;;-I1\~ a;~~J.'!~~~~ 1')~k,'l~-I~;; l______-=======-==::= .=:~:_~= =----I:~_-==- -=:::"-===:---~~~0(i(~(i.. ..$--------s:-5(\i)-. =-~=.s;~JI~,i:;;.,;:;-;~~~ -\-------....-. -- ...-------------- . ----------..---...-- ------ ----..... ---- -.- ....-.. --- --- ---- ------------ -----. ---.--------- - ------------ --- ----------- ._-----_.--------------- IIARU IJI.IDGE'l'S COSTS GENEHAL CONDrrlONS S{'PERVISlON & PIW,H:CT (\,{.\N\GI':i\lI::NT SllllTUfAt eM VEl! St.:UTOT'AL GENEI~AL Ll\H1LTl\ Il\;SliIUNCE srrlf/'OL\L In:ll.DERS RISK INSI: R\.N( 'F S\'nTO'1',\l. \' \. YI'\IENT .>( PERFOIHL\NCF B(l\D Bl r)){;E'I' PRI(:E '1'0'1'\1.. S 257,858 ~ 257,858 1"(\ BIO S H,R50 (> 00 \\'h, $ 24,.H2 S 29.1,0.20 1.5,00% S 43,65J $ .U4.67J li,(,il'~.;" ~ '2,008 $ :i,l(;,<.!l1 NIC' S - S .B6,6fH 1'")'101 $ 4,276 .... i U '. S J4H,l)!'\i ~ ;\4\),')57 7/28/201. _ Kaufman Ly- ruction Inc. CGC v-' 1 /32 Boynton ~.....ch CRA ;)\0':.:. 1':.c '. ~~:= JilT " , ,1 ~C ,IIF1 I rJ t; J -0':11~ ""'- 08~" /- ""~<<>3 / I 'CE 3-!1' ~- il ~~=j t_ ~. WALK-IN COOLER v] l" < ~~'~':I04 ,- 0802 0':l12 iIl-l ,,0', "'I \ ,~RANC:.E/HOOD '. ", \W -.~' Y.PREP11, Ii --. .' " ~ ITABLal I' ,-, 110":'<24: : .. ,I " -- ,-- '-fl,. :-G ----1 SEAL EX DOOR I CLO&ED - - 'L 'CC "'lE=:== -e ' . \\iL /-7' \;-~':III \t- 0':1131-- // 'P,,0b 0b01-, 0!>0b- , ,-0':111 '\ / 0!;!03-. / \-\ DJ) MiSD@C.~ "l &TATIQN :~ PREP TABLE 30'Xb0' ,-,_1,.1. DI&PLA' CA&E KITCHEN BEV eTAT 30"X4B ...JL _.._ , ',/ -, '." .- ~--====--~-~-:~=-_::-~~. ---=-~ .._'''~-_::--- , t .-, ''', ':-)'~ \- ~DI'. I -~-J' . ~ I ~i~c i: I~ I - 0ee>3 I " I "0':l" I' '~ DN J- j;~ 11 if " 8c, t- f t '\-f , --=--'2~--c j- V01dU\)V'J:) ,,'. - L'\ i_ Co" X "i 'i <:_ f "(' V ::~ ~~ {~;. r- E_ "_ l t- ~ ;" - KJV.....' A -,^, ~ ~;',. ~;~ I~ ! 'I1I I, i!11 J: :~ Ii:' Ii! iii ; 'I:: ,"} ,j, :/~/ ;J;/ /; ;;:5' jf.'" :(;. ..4 '-..(.-j) -"~-~ Kaufman Lynn Construction, Inc. PROPOSED CHANGE ORDER No. 00012 606 Banyan Trial Boca Raton, FL 33431 Phone: 561-361-6700 Fax: 561-361-6979 TITLE: Daily Cost for General Conditions DATE: 8/3/2011 JOB: 907 CONTRACT NO: 1 PROJECT: Boynton Beach CRA Improvements TO: Attn: Vivian Brooks Boynton Beach CRA 915 S Federal Highway Boyton Beach, FL 33435 Phone: (561) 737-3256 Fax: (561) 737-3258 RE: To: DESCRIPTION OF PROPOSAL General Conditions costs calculated per day due to continued compensable delay. Attached spreadsheet derived from the current task order schedule of values. General conditions line items have been calculated with the consideration of the three projects. Labor has been calculated with the consideration that the Ruth Jones Cottage will continue after the Amphitheater and Marina Entry are completed. Please see spreadsheet attached. Item 00001 00002 From: Number: Description Stock# General Conditions Costs calculated per day considering the original amounts applied to three projects. The amount represented is for the Ruth Jones specifically in relation to the claim for delay. Supervision, Project Management and administrative cost as calculated per day as applicable for the compensable delay claim. Quantity Units 1. 000 Unit Price Tax Rate Tax Amount Net Amount $138.19 0.00010 $0.00 $138.19 $810.40 $0.00 1.000 0.00% $810.40 Unit Cost: Unit Tax: Total: $948.59 $0.00 $948.59 APPROVAL: Date: Expedition @ By: By: Vivian Brooks Bruce Cavossa Date: Project: Id# 01-045 01-030 01-520 01-515 01-550 01-560 01.810 01-850 01-200 01-900 01-960 01-915 01-975 E tA All Projects Amphitheater, Cottage and Marina Totals Descri tion GENERAL REQIJlREMENTS Trailer Bond Premium ___ - - ___~.~._____ ..0 Tetllfl Toj!e~. _ _ Cell Phones __ . ___u.__ __ Trash Rerrlo~al ~D\Jmpster '{ehicle/Travel ~xPt:nse - Gas, OiL Tmcks COflstructlOn Cle~-lJp Labor Mise Tools ~_af~r lJnit 5 Is 1 Is 10 Is 5 Is 15 Is Is 40 wks 5 Is 5 Is - Total Date: Duration: lJ nit Price 200.00 $ 11,<)56) Z_ $ 75 00 $ _~~.o-,-QlL $ 300.00 $ 600.00 $ 300.00 $ 750.00 $ 45000 $ January 4. 20 I] 900 8 Amount 1,000 11,956 750 2,250 4,500 3,000 12,000 3.750 2,250 $41 456 SUJl.~intend_t:nl Project M.ll)l,ager Accountin,g, Senior Project Manager Wk Ratc % i Ajust Per % on Job I 100o;.,i - -~._- 20 wks ? ~2,Q.2 _ 2,202.00 $ 44,040 t 20 wks 2.802 _ 50%i l,~!O--!lO $ 28.000 20 wks 1.500 3(!% ~ 450.00 $ 9.000 20 wb 4.777 O%l 0.00 $ TOlal $81,040 Per Dft $3.33 $39.85 $2.50 ~7.50 $15.00 4110.00 $40.00 $12.50 $7.50 ...UIi.I') Per Oft $440.40 $280.00 $90.00 SO.OO )IWUli ~~Y~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: August 9, 2011 I Consent Agenda I Old Business I X I New Business I I Public Hearing Other S UBJEC T: Consideration of approval of the Sidewalk Cafe Code Amendments SUMMARY: The City of Boynton Beach Land Development Regulations (LDR) requires a Sidewalk Cafe Permit be issued in order for a business to operate outdoor dining abutting any sidewalk or when the outdoor seating will use the public right-of-way. The code also limits the location of "sidewalk cafes" to the boundaries of the Community Redevelopment Area subject to any limitations of the particular zoning district. Because the sidewalk cafe application is within the CRA boundaries, the application requires the CRA Board to provide the Development Services Department with a recommendation of support prior to the application going before the City Commission for final approval and issuance. City of Boynton Beach Development Services Department staff is recommending a series of amendments to the existing Sidewalk Cafe regulations within the Land Development Regulations (LDR). The amendments (see Attachment I) attempt to better clarify the intent of the code and provide staff and the permit applicant with more specific language that addresses issues relating to the placement of sidewalk cafe seating. City and CRA staff recommends support of these amendments, which if supported by the CRA Board, would be presented to the City Commission for their review and approval. FISCAL IMPACT: None RECOMMENDA TIONS: Recommendation of approval to the City Commission of the Department of Development Services amendments to the Sidewalk Cafe Code. '. %~ / " / /" / ;:::;(,41," >>??~/-~ ' Michael Simon, Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\8-9-11\Sidewalk Cafe Code Amendments.doc ATTACHMENT I PLANNING AND ZONING MEMORANDUM /I, TO: Vivian Brooks, CRA Director ;':I)i/ THROUGH: Michael Rumpf, Planning & Zoning Director ~ ' FROM: Ed Breese, Principal Planner ~-') DATE: August 2,2011 SUBJECT: Sidewalk Cafe Code Amendments Staff is recommending a series of amendments to the existing Sidewalk Cafe regulations in the Land Development Regulations (LDR). With the application submitted by Ms. Kim Kelly for Hurricane Alley, Planning & Zoning staff worked closely with Engineering and CRA staff and had time to review a large outdoor dining area for the first time, and after close analysis, determined that certain revisions should be considered to provide greater encouragement for businesses to provide outdoor dining and to maximize their compliance with City standards, Staff analyzed the regulations when applying them to the current application and saw areas where the code could be improved, and as such, suggests the code be amended as follows: . Relative to location, the current language reads, "Sidewalk cafes shall be restricted to the sidewalk frontage of the building where the validly licensed restaurant or nightclub is located". Staff is suggesting the language be modified to encourage outdoor seating similar to active downtowns like Delray Beach, Lake Worth and West Palm Beach, and recommends the regulation read, "Chairs. tables and related sidewalk cafe components shall be restricted to the sidewalk frontage of the building where the validly licensed restaurant or nightclub is located. unless written authorization is provided by the owner of the adjacent property and submitted with the application for sidewalk cafe approval". · Relative to the perimeter, the current language reads, "No objects shall be permitted around the perimeter of a sidewalk area occupied bv tables and chairs that would have the effect of forming a physical or visual barrier discoursing the use of the pedestrian path of the sidewalk". Staff is suggesting the language be modified to read, "No objects shall be permitted around the perimeter of a sidewalk area occupied by tables and chairs unless placed in a manner so as not to discourage the use of the pedestrian path of the sidewalk". Staff recognizes the benefit of delineating the limits/perimeter of the outdoor seating area, to ensure that the pedestrian path is maintained III an unobstructed manner. Certain openings would be maintained from the public pathway into the outdoor dining area, however the general public would no longer be required walk between closely bunched tables in order to get from point /\ to point B . Relative to Menu Board regulations, the current language reads, "One (1) menu board only shall be permitted and limited to a maximum of four (4) square feet. The proposed location of the menu sign shall be considered a part of the review for a sidewalk cafe application. The menu board shall not be an "A"- Frame sign". Staff is suggesting the sign simply be subject to the Sign Code regulations, and therefore be modified to read, "The proposed location and design of the menu sign shall be considered a part of the review for a sidewalk cafe application, and be subiect to any applicable standards of the Sign Code". . Relative to the liquor license, the current language reads, "No additional outdoor seating authorized herein shall be used for calculating seating requirements pertaining to location of, applications for, or issuance of liquor license for any establishment...... ..". Staff is suggesting the elimination of this language, as the natural extension of a restaurant or nightclub from inside to officially recognized outdoor seating should not adversely affect any liquor license associated with the business. Based upon the above-noted rationale, staff recommends these amendments to the Sidewalk Cafe regulations. If there are no objections, staff will prepare the necessary ordinance. Boynton Beach CRA Priorities 2010-2011 July 2011 Redevelopment and Leasing of Financial information was submitted by the Financial information analyzed from TBD 211 E. Ocean - Oscar's Chussler Group by the July 26th deadline Chussler Group. Staff to present findings at Restaurant and reviewed. August 9th agenda. Interior Build-out and Leasing Financial information was not submitted by Status of tenant information to appear on Oct-11 of Ruth Jones Cottage-Trading the Ms. Gagne by the July 26th deadline. the August 9th agenda. Interior design Post layout approved by the CRA Board and moving forward through final plans by REG Architects. Redevelopment of 710 N. Exterior 95% complete. Moving company Roof work completed, exterior painting Sep-11 Federal (New CRA Office selected. Interior finishes selected. T1 line completed. Interior drywall, tile flooring, location) and IT coordinated. rough data and phones installed. Ruth Jones Cottage Engineering/Architectural RFls needed on REG Architects/Engineers working diligently Sep-11 Site Plan Approval, Relocation structural concerns. Exterior renovation to provide responses to Kaufman Lynn. The & Renovation progressing slowly due to a number of melding of the current project scope with structural issues encountered during restaurant scope proving to be a challenge. construction. Ocean Avenue Amphitheater Stucco completed, rough electrical Project moving forward successfully. Aug-11 Proiect - completed, painting and pavers completed Entry Feature and Public Tower feature painted, decorative elements Project moving forward successfully. Aug-11 Space Project at Marina/Ocean and roof installed. Fence columns installed, Avenue rough electrical, irrigation, drainage and pathway completed. Project Activities Outcomes Completion Date Completion of Infrastructure at Site development continues. Sewer and Project moving forward successfully. Ocean Breeze West site/3-6 water lines completed, street surfacing and months drainage reaching completion. Development of 21 S/F Homes at Ocean Breeze West Creation of Niche Marketing Strategy for Downtown Fund the Financial Feasibility Study for Old High School CRA Board selected Habitat for Humanity & the Boynton Beach Faith Based CDC as developer. CRA staff and CRA legal cousel created the Development Agreement. Aug-11 Development Agreement to appear on CRA Aug-11 Board's August 9th agenda for review and approval. CRA's participation in Delray Beach's DDA Goal is to increase traffic to marina and new Ongoing summer promo: "Night & Day Downtown Delray marina website. To Hotel Package" (see flyer). keep business information updated. Staff added marine/weather forecast link to Added tool for website users. marina website. Finalized CRA ad for the Chamber of CRA's ad in Chamber's high-tech Commerce's new, high-tech map of Boynton community map will include addresses and Beach, to be published in Feb. 2012. markers for Marina, Amphitheater and new Drafted talking points for the Mayor's July 21 CRA offices; included on publisher's presentation to the Florida Real Estate Investor's website, which receives over 2,000,000 hits Association (FLREIA). Preparing a month. presentation of the City's new branding campaign Forging relationships with new reporters at for Aug. 10 Chamber of Commerce luncheon WPTV NBC affiliate Channel 5 for Fin~lizin~ details o.f August 19 Ocean Ave. increased awareness of redevelopment in Project nbbon-cuttlng event. d t B t B hR' d . . . . own own oyn on eac. ecelve Provided tour of CRA Dlstnct and ongoing d.t . I . P f V" , projects to WPTV Channel 5 reporter. e I ona coverage In ost or IVlan s Registered for In Design class. Brooks letter to U.S. Rep. Ted Deutch, D- Boca Raton, requesting funding assistance (Federal money) to fix up Boynton Beach Post Office ---- ---- ",.- ------~-~~.--_._~._.~_.._-_.....- ----'''----.-.-.._"_..__._--,...,,~ Conduct Holiday Extravaganza Planning all aspects of the Parade, Tree Dec-11 2011 and Attract 3,000 Lighting and Concert. Work with City staff at Attendees departmental meetings to ensure all services are in place to enhance event. Create signs, flyers, mailings and print & online ads. Schedule tree and decoration. Secure cars and drivers for Mayor, Commission and Santa. Conduct Holiday Boat Parade Applied for Coast Guard event permit. 2011 Conduct Salute to Secured the Amber Leigh Band. Filed for Amazing Event!!! We finally had great Jul-11 Independence event and Special Events Permit with the city. Secured weather on a July 4th and about 3,000 Attract 2,000 Attendees ICP Clubhouse. Received all logistics from people came out to celebrate. Country Grucci. Had first Departmental Meeting all Music singer Amber Leigh put on a fabulous City services on board. Scheduled the show with a "standing room only" crowd. Patriotic Salute, concession services and CBS radio - WIRK - sent a DJ to MC the staging and sound. event... Abigail Blake sang the National Anthem, FD Honor Guard was in attendance and city officials addressed the crowd. At 9pm Fireworks by Grucci presented a spectacular musically choreographed fireworks show. Many said "they out did themselves". Coordinating Downtown Open Planning all logistics for the Downtown Open Secured contract wi vendor for Oct., Nov. & Dec-11 Market Markets. Dec. Filed for Special Event Permit. Updating eRA District Updating the CRA District Business Ongoing Aug-11 Business Database and Google Database via, PAPA, Sunbiz.org & by visiting Map the businesses. Cross referencing with the City's List of Business Tax Receipts. Reviewing with owners marketing opportunities and special events. -. Budget FY 2011-2012 Prepare budget CRA Board review and Budget Meeting set for August 23, 2011 Sep-11 approval Audit FY 2010-2011 Auditors scheduled for first week of audit Second week of audit work in mid- 11-Dec work August 15-19, 2011 November. Possible single audit additional work required based on NSP and '-- ..-................---...--.....--.......- -.--....--.--..- --.-.--.----...-.... ._--._......_~... --"-- -"~------~---~_._--"^-.-- Schoolhouse Museum qrants. _'__A_~ Page 1 of2 Brooks, Vivian From: Brooks, Vivian Sent: Thursday, August 04,2011 10:36 AM To: 'soleiI33@aol.com' Subject: RE: requested information Hello Sandra, 1. The CRA will be leasing the building to you. There is no lease drafted yet. We were hoping to get some desired terms from you, i.e.; years, rate, etc. that could be presented to the Board along with your financial capacity to carry the lease and operating expenses through the lease term. 2. I spoke to the Board's attorney and he advised me that the Board's vote to select your proposal carried as much weight as a Letter of Intent therefore a Letter of Intent was not necessary. We are a public entity not a standard private commercial landlord. 3. At the July Board meeting the Board directed me to determine if there was others interest in the property. was not directed to take proposals. 4. The credit report is part of the financial review to determine the feasibility of your business plan. The Agency is investing the bulk of the money into the project is wants to ensure that the business has a better than even chance of success. The other proposer had to produce the same documentation and did so. There is a Board meeting Tuesday, August 9th where this project will be discussed. You may wish to attend if you are able. Please call if you have any questions. Vivian Brooks Executive Director Boynton Beach CRA 561-737 -3256 brooksvi@bbfl.us From: soleil33@aol.com [mailto:soleil33@aol.com] Sent: Wednesday, August 03,201112:14 PM To: Brooks, Vivian Subject: requested information Good Morning Vivian, I would like to follow up regarding my previous email where I have expressed some concern about producing additional information to the eRA as I am unclear to the direction of the Ruth Jones Cottage project. In a normal Landlord/Tenant situation I would engage with the landlord and offer a business proposal and then determine if the space/location was a good fit and review the terms of the lease. If after all that' was still willing to go ahead with the project I would then negotiate the appropriate terms of the lease to a mutually agreed upon resolution. At that point the Landlord would then request what ever financials they felt were appropriate. Therefore, would it be possible to receive some information so that not only can I provide you with accurate information but also allow myself to do my own due diligence to determine if this project is best suited for me and my business model. 8/812011 Page 2 of2 1. What is the structure of the tenant agreement? Is it a "Lease" or a "Business Incubator". In either case is it possible for me to review the proposed documents in efforts to understand the full scope of my commitment. 2.) Would it be possible to receive a Letter of Intent from the CRA for my own application process noting that the CRA voted for my concept on October 12th, 2011 and in good faith will enter into successful lease negotiations. 3.) Are you taking additional bids on the project at this time? 4.) I do have hesitation at this time offering my credit report. It is my understanding that once it is submitted it becomes public record. The "201 Trading Post" would be set up as a corporation. I would like to seek further consultation prior to making a final decision on submitting that information. At this time I am currently employed in a management position with a multi-unit Restaurant & Catering Business. I apologize if I am not always readily available to answer phone calls or immediately produce documents. I hope you understand that it is important to me to maintain a sense of professionalism and loyalty to my current employer not only to protect my interests but to respect my theirs. Respectfully, Sandra Gagne 8/8/2011 Page 1 of6 Brooks, Vivian From: Jordan Chussler Uordanchussler@yahoo.com] Sent: Thursday, August 04, 2011 5:47 PM To: Simon, Michael Cc: Brooks, Vivian; buckymj@msn.com; smarbabob@yahoo.com Subject: Re: FW: August Meeting Hi Michael, I've posted our responses below in blue. We are still addressing some matters, but will have everything prepared before the weekend concludes and can resubmit on Monday. Please don't hesitate with any questions or concerns. Sincerely, Jordan OBSERVATIONS ON THE REVIEW OF OSCAR'S RESTAURANT PLAN . CAPITAL PLAN- PROOF OF FUNDING FOR START UP COSTS AND WORKING CAPITAL, - BASED ON THE DOCUMENTS SUBMITTED, IT DOES NOT ADDRESS THE ORIGINA TION OF FUNDS? WILL THE START UP INVESTMENT COME FROM PERSONAL FUNDS, LINE OF CREDIT, FINANCING OR PERSONAL LOANS. Start-up funding will be entirely financed through out-of-pocket, owner investment. The source of this funding would entail both personal and business accounts, spanning contributions from personal checking and savings, 401 k, IRA and business accounts. Our apologizes for not explicitly detailing start-up fund sources at the time of submission. We were under the assumption that the provided documents alluded to use of the previously mentioned accounts. . BANK STATEMENT SUBMITTED IS FROM AN EXISTING BUSINESS. THE QUESTION ARISES AS TO HOW WILL THIS TRANSACTION IMP ACT THE EXISTING BUSINESS OPERATIONS? ARE THESE EXISTING BUSINESS FUNDS TO BE USED IN THE NEW BUSINESS? IF SO, WILL THEY IMPACT THE FINANCIAL RESULTS OF THE EXSISTING BUSINESS. The addition of the business bank statement was an illustration of having various start-up funds both in place and evidenced per request of the CRA in the amount of $50,000. Start-up funding will be pulled from a combination of the aforementioned accounts--some of which were not submitted to the CRA but remain options to source capital (personal checking, 401k, IRA). The inclusion of the business bank statement only indicates readily available profits from eJ's Draft House that could be applied to a combination of out-of-pocket, start-up sources and does not have any further business-to-business implications beyond initial capitalization of Oscar's Restaurant. . TENANT SHOULD PROVIDE AUDITED FINANCIAL STATEMENT AND TAX RETURNS OF EXISTING BUSINESS FOR THE LAST THREE YEAR TO DETERMINE SUCCESS OF EXISTING BUSINESS. 8/8/2011 Page 2 01'6 Mike Buckner's presently owned business has not yet been under his ownership and direction for a complete year since the time that he left his G.M. post at Copper Canyon Grill. Regardless, we are wary of any assumptions deduced from the correlation of a privately funded, turn-key sports bar on a major intersection in Deerfield Beach, to a CRA-sponsored redevelopment project in a turn-of-the-century home in a far less frequented area in Boynton Beach. Our concerns stem from both the negative and positive implications that could faultily arise from drawing comparisons to the distinctly differing establishments. To pull from a previous eRA Board meeting, it would be akin to comparing apples and oranges. . HOW WILL THEY OBTAIN THE FUNDS FOR THEIR INTENT TO PURCHASE THE BUILDING? FINANCING? Without specific lease details being agreed upon to date, the Group remains very interested in the prospect of purchasing the building, but has not yet begun exploring financing sources. As previously and roughly discussed with Michael Simon, the inclusion of a "rent-to-purchase" escrow account could be put in place when lease tenns are further discussed and/or agreed upon, allowing the business to focus on attaining successful operations while providing both an intent of purchase as well as rent to the CRA. . THEIR BUSINESS PLAN CALLS FOR $IOOk START UP COSTS. HOW CAN THIS BE IF EQUIPMENT ALONE IS OVER $140K. We are reviewing the plans to address any discrepancies in projections and will recalculate to assure it error-tree upon the next submission. However, it is believed that this example was a typo that slipped through the cracks. . HOW MUCH WORKING CAPITAL DO THEY INTEND TO HA VE IN THE BUSINESS? Working capital will be between $100-150,000, and will be secured through a combination of out- of-pocket owner investment, private investment, and personal or business loans. --- On Tue, 8/2/11, Simon, Michael <SimonM@hbjl.us> wrote: From: Simon, Michael <SimonM@bbfl.us> Subject: FW: August Meeting To: "Jordan Chussler" <jordanchussler@yahoo.com> Cc: "Brooks, Vivian" <BrooksVi@bbfl.us> Date: Tuesday, August 2, 2011, 6:29 PM Hello Jordan: Attached are several observations/questions raised during the financial review of the documents provided to the CRA on behalf of the Chussler Group. Please take time to look over the observations and we would like to ask for the additionally identified documents. Although they may not be something readily available, 8/8/2011 Page 3 of6 please determine if they are documents you are willing to provide in the near future. Additionally, staff will be attempting to translate this review to the eRA Board which will no doubt spawn questions regarding the identified information. I would recommend that you be prepared to address these identified items and detail your business plan to the Board as best you can. I wanted to get this information upon its completion as quickly as possible. I look forward to speaking with you tomorrow. Respectfully, Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(56l) 737-3256 Fax-(56l) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 992510- 2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person 8/8/2011 Page 4 of6 From: Simon, Michael Sent: Friday, July 29, 2011 9:29 AM To: 'Jordan Chussler' Subject: RE: August Meeting Good morning Jordan: I agree with your feelings of hesitancy in purchasing equipment without a lease. Makes better business sense to wait a little longer. Regarding the meeting, I can't tell you exactly what would or could be asked but it's safe to say be prepared for specific questions on your business plan, menu, pricing, operations and operational experience. Perhaps running several rent payment and lease scenarios (good, better, best) so you could conceivably walk away knowing what the Board is willing to accept. Regarding the next step, staff's goal would be to have the Board approve solid lease term direction in order to put together a document giving you the comfort level you need to begin doing things like purchasing equipment. We also need their firm direction on moving forward with the design/construction documents and then identifying funding for the actual restaurant conversion project itself. I believe we have the support and push to keep moving forward on the heels of the other three eRA downtown projects. It's in our best interest to keep that momentum going. Hope this helps. Vivian has been away on vacation for two weeks and gets back today. I think we should meet with her next week, if possible, so we're all on the same page for the meeting and the project. Please don't hesitate to email or call me with any other ideas or questions. Respectfully, 8/8/2011 Page 5 of6 Michael Simon Development Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 01/-(561) 737-3256 Fax-(56l) 737-3258 simonm@bbfl.us Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. SS 2510- 2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E- Mail in error, please notify the sender immediately at the phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person From: Jordan Chussler [mailto:jordanchussler@yahoo.com] Sent: Friday, July 29,2011 9:10 AM To: Simon, Michael Subject: August Meeting Hi Michael, Just wanted to touch base. I met with Bucky and Bob Wednesday evening. We discussed likely 8/8/2011 Page 60f6 subject matter for the August eRA Board meeting, but wanted to ask you if there was anything specifically we should be prepared to answer. Additionally, we were wondering what the next step would be after the August meeting. We have found some extremely cost-effective equipment recently, but are hesitant to begin the purchasing process without knowing if or when we'll have a physical location to house it. Hope all is well. Thanks as usual, Jordan 8/8/2011 Meeting Minutes Firefighters' Pension Board Boynton Beach, FL May 12, 2011 benefit when they retired, and whichever was greater was what they would receive. There would be some cost pressures relieved sooner or later. Mr. Raybuck seconded the motion to keep the five-year smoothing, lower the assumption rate and revisit the mortality table in a year. Vote The motion unanimously passed. Attorney Levinson suggested Mr. Palmquist convey to Ms. Shoemaker that it was difficult for employees to make informed decisions with the unknowns. His interpretation was if there were CBAs in effect, the change would not commence until after the expiration of the contract. Mr. Palmquist agreed there were issues with the wording having to do with the language "the date entered into". Attorney Levinson explained the assumption, when interpreting pension legislation if they are interpreted liberally, they should err on the side of extending the benefit as opposed to taking away a benefit that was earned. Mr. Palmquist noted the unused leave affected all three of the City's plans. The big item was the unused leave. A minor item was a plan termination calculation which was an estimate of the liability if the plan closed down today. It was a comparison with other plans, and it must be done with the 7.75% FRS rate. It was also noted the legislation does not distinguish if the plan was frozen or not. The last amendment to 175/185 pertained to changing joint annuitants up to two times regardless of whether they were alive. The change added five years to minimize the unintended impacts, and that would also be reflected in the valuation report. The unfunded liability would decrease about $4 million and the annual contribution would decrease about $500,000 due to chanoes in sick and vacation earninos. There was brief discussion about the effect of a large exodus of retirees on the plan. The current year anticipated eight new retirements. If there were more, it would create a slight actuarial loss. If less, there would be a gain. Whatever was earned in the pension so far could not be taken away. 2) New Pension Legislation as pertains to our Plan valuation. This item was discussed earlier in the meeting. B. Bogdahn Consulting - Dave West 1) Investment Performance Review Quarter 3-31-2011 Dave West, Certified Financial Planner, Bogdahn Consulting, commented it was a good quarter. The events in Libya put pressure on oil. The issues in Greece and Portugal and their solvency reappeared, but at home there were good economic numbers. The 3 Meeting Minutes Firefighters' Pension Board Boynton Beach, FL February 10, 2011 distributions according to a payment schedule, then one can avoid the 10% penalty. That avenue; however, has issues. If one started the equal distribution formula and decided to take more or less and the IRS objects, one can be charged back taxes. Ms. LaDue also pointed out they are mandated to take a 20% withholding tax on DROP monies when they are distributed. Attorney Levinson commented 457 plans are not subject to the 10% penalty. He reiterated the member should consult with a tax advisor and refer to the section of the Code. The IRS does not care for mortgages when it comes to buying a second home. On a different matter, Mr. Raybuck inquired if the plan benefits by having multiple firms monitoring securities. Attorney Levinson responded right now the Board is participating indirectly through a custodian and that was passive participation. As to active participation and having attorneys filing class action lawsuits, if it were worthwhile to pursue, they would approach the Board to participate in the recovery. It was a misnomer that if one were the lead plaintiff, they would receive more money. In class action suits, all participants receive the same proceeds. The laws changed in the mid 1990's. Institutional investors increased the amount of recovery because the suits are taken a lot more seriously than in the past when a lawsuit was filed and settled. Attorney Levinson also commented, there are different cases that can be brought. Some cases can arise due to mergers, buy-outs not just securities class actions. If the Board wants to pursue this avenue, Attorney Levinson can direct the Board to legal firms. The custodian files the claims for the Board. It was also noted in some instances, the filing fees would be more than the recover amount. Currently, Attorney Levinson, Bogdahn Consulting the plan consultant, and Salem Trust all monitor these matters. Attorney Levinson agreed to bring litigation materials to the next meeting. V. CORRESPONDENCE- 1) DSM Capital Partners - Annual Client Compliance Notice 1-5-2011 VI. OLD BUSINESS - N/A 1) Credit Card application for Trustees - SunTrust requirements Ms. LaDue indicated the Board wants to apply for credit cards for Trustees and SunTrust wants financials from 2008 to 2010. She inquired if 2010 was sufficient. Attorney Levinson thought that perhaps the custodian could obtain the credit cards. He suggested inquiring if two years was sufficient and thought when the bank saw it was a $4-5 55 million account, they might be satisfied. Attorney Levinson also commented he was aware of a Trustee who got into trouble with the credit card and went to jail. He suggested keeping the cards in a locked draw and taking it out only when needed. 13 DEVELOPMENT AGREEMENT This Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA ") and HABIT A T FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, INe. (hereinafter "HABITAT"), (to be changed to HFHSPBCCHLT)having an address of 181 SE. 5th Avenue, Delray Beach, FL 33483. In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE OF REAL PROPERTY. CRA agrees to sell and convey to HABIT A T and HABIT A T agrees to purchase and develop real property, on the terms and conditions hereinafter set forth, the Property located in Palm Beach County, Florida (the "Property") and more particularly described as follows: See Attached Exhibit ..A". 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Ten Dollars ($10.00), receipt of which is hereby acknowledged. The parties agree that CRA is conveying the Property to HABIT A T for the construction of twenty-one (21 ) single-family homes. No more than fifteen (15) of the homes can be sold to families earning below fifty percent (50%) of area Median Household Income for Palm Beach County. CRA has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to HABITAT. 3. DEPOSIT. Not applicable. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the CRA and HAB IT A T has signed the Agreement. 5. LOT DRAW DOWN PROCEDURE. HABIT A T shall notify the CRA in writing of its intent to draw down any of the twenty-one (21) lots within the Property for closing sixty (60) days prior to the proposed lot closing date. HABIT A T shall identify which lots it intends to close on. The CRA shall prepare for a closing and notify HABIT AT of the closing date. 6. TITLE TO BE CONVEYED. At each closing, CRA shall convey to HABITAT, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which HABIT A T fails to object, or which HABIT A T agrees to accept, pursuant to Section 7.1 and DEVELOPMENT AGREEMENT (revised by OJ 7/2711) Page 2 of 13 Section 7.2 hereof. 7. INVESTIGATION OF THE PROPERTY. During the term of this Agreement ("Feasibility Period"), HABITAT, and HABIT A rs agents, employees, designees, Contractors, surveyors, engineers. architects. attorneys and other consultants (collectively, "Agents"). shall have the right, at HABIT A rs expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to CRA and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations, which HABIT A T may deem necessary. During this Feasibility Period, HABIT AT may elect, in HABIT A rs sole and absolute discretion, to terminate this contract. If HABIT A T elects to terminate this Agreement in accordance with this Section, HABIT A T shall: (i) leave the Property (accepting any lots which have been previously LEASED TO HOMEBUYERS IN ACCORDANCE WITH THE TERMS HERE OF) in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by HAB IT A r S testing and investigation; and (iii) release to CRA, at no cost, all reports and other work generated as a result of the HABIT A r S testing and investigation. HABIT A T hereby agrees to indemnify and hold CRA harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to HABIT A T (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of HABIT A r S investigation of the Property. HABIT A rs obligations under this Section shall survive the termination, expiration or Closing of this Agreement. CRA hereby agrees to indemnify and hold HABIT A T harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees. for nonpayment for services rendered to CRA or for damage to persons or property (subject to the limitation on practicability provided above) arising out of HABIT A r S investigation of the Property. CRA'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. However, CRA'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. 7.1 CRA's Documents. CRA shall deliver to HABITAT the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies, if any, (including environmental, engineering, surveys, soil borings and other physical reports) in CRA'S possession or control with respect to the physical condition of the Property, if any. 7.2 Title Review. Within ten (10) days of the Effective Date, HABITAT shall obtain, at the HABIT A T'S expense, from a Title Company chosen by HABIT A T (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure HABIT A T in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. HABIT AT shall examine the Title DEVELOPMENT AGREEMENT (revised by OJ 7/2711) Page 3 of 13 Commitment and deliver written notice to CRA no later than twenty (20) days after the Effective Date notifying CRA of any objections HABIT AThas to the condition of title (hereinafter "HABIT A rs Title Objections"). If HABIT A T fails to deliver HABIT A rs Title Objections to CRA within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If HABIT A T timely delivers the HABIT A rs Title Objections, then CRA shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the HABIT A rs Title Objections (hereinafter "Cure Period"). However, in no event shall the CRA be obligated to expend any amount of money exceeding ten thousand ($10,000.00) dollars to cure the title objection. In the event that CRA is unable to cure and remove, or cause to be cured and removed, the HABIT A rs Title Objections within the Cure Period to the satisfaction of HABIT A T, then HABIT AT, in HABIT A T'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, HABIT A T shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURHCASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be ~he same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Survey Review. HABITAT, at HABITAT'S expense, may obtain a current boundary survey (the "Survey") of the Property. indicating the number of acres comprising the Property to the nearest 1/1 OOth of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. 7.4 REAL PROPERTY SOLD AS IS, WHERE IS, RELEASE. The CRA makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by the CRA at Closing in accordance with this Agreement, and the CRA makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. HABIT A T specifically acknowledges and agrees that the CRA shall sell and HABIT AT shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL F AUL TS" basis and that, except for the CRA'S representations and warranties specifically set forth in this Agreement, HABITAT is not relying on any representations or warranties of any kind whatsoever, express or implied, from the CRA its agents, officers, or employees, as to any matters concerning the Property including, without limitation, any matters relating to (1) the DEVELOPMENT AGREEMENT (revised by DJ 7/2711 ) Page 4 of 13 quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materia]s (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (I] ) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (] 3) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. As used herein. the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances", "hazardous materials", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of ] 980, 42 U.S.e. 9960 et seq., the Resource Conservation and Recovery Act of 1976,42 U.S.e. * 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. * 180] et seq., or the Clean Water Act, 33 U.S.e.*1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR * 172.1 01) or by the Environmental Protection Agency as "hazardous substances", "hazardous materials", "toxic substances" or "solid waste", (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. 8. CONDITIONS TO CLOSING. HABITAT shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by HABIT A T in writing: 8.1 Representations and Warranties. All of the representations and warranties of CRA contained in this Agreement shall be true and correct as of Closing. 8.2 Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 5 of 13 9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, CRA shall execute and deliver, or cause to be executed and delivered to HABIT A T the following documents and instruments: (At the closing of this agreement) Intent to parcel out one lot at a time then this does not con-elate with section 6. If the intent is to sign over all lots 'Nhich is preferable to HABIT AT then section 5 and 6 need to con-espond to section 9. 9.1 Deed. A Quit Claim Deed (the "Deed") conveying to HABITAT valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions which shall include a deed restriction which shall specifically identify that each lot conveyed to Habitat shall be conveyed only to eligible purchasers whose income shall not exceed 120% of median household income for Palm Beach County as established from time to time by HUD. 9.2 CRA's Affidavits. CRA shall furnish to HABITAT an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than CRA. CRA shall also furnish to HABITAT a non-foreign affidavit with respect to the Property. In the event CRA is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and pro rations between HABIT A T and CRA, all costs and expenses to be paid at Closing, and the net proceeds due CRA, which CRA shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1 Pro rations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by pro rations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. 10.2 Closing Costs. CRA shall pay for documentary stamps on the deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). The CRA and Habitat shall each be responsible for it's respective attorney fees and costs. DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 6 of 13 10.3 Closing Procedure. HABIT A T shall fund the Purchase Price of $10.00. CRA and HABIT A T (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to CRA; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to HABITAT, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 1 0.4 Existing Mortgages and Other Liens. At Closing, CRA shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. 11.1 CRA's Representations and Warranties. CRA hereby represents, covenants and warrants to HABIT A T, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by CRA and the consummation by CRA of the transaction contemplated by this Agreement are within CRA'S capacity and all requisite action has been taken to make this Agreement valid and binding on CRA in accordance with its terms. The person executing this Agreement on behalf of CRA has ~een duly authorized to act on behalf of and to bind CRA, and this Agreement represents a valid and binding obligation of CRA. 11.3 Title. CRA is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1 HABIT AT's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of HABIT AT, subject to the provisions of Paragraph 12.3 below, neither HABITAT nor CRA shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that HABIT A T shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under HABIT A T, but not otherwise. 12.2 CRA' s Default. In the event that CRA shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of CRA'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, HABIT A T may, at its option: (1) declare CRA in default under this Agreement by notice delivered to CRA, in which event HABIT A T may terminate this Agreement and neither Party shall have any further rights hereunder. DEVELOPMENT AGREEMENT (revised by OJ 7/2711) Page 7 of 13 12.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to CRA: Boynton Beach Community Redevelopment Agency Attention: Executive Director, Vivian Brooks 915 S. Federal Highway Boynton Beach, Florida 33435 With a copy to: Jim Cherof Goren, Cherof, Doody & Ezrol, P .A. 3099 East Commercial Blvd. Fort Lauderdale, FL 33308 If to HABITAT: Michael Campbell 81 SE. 5th Avenue Delray Beach, FL 33483. 14. BINDING OBUGA TION/ ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. CRA may not assign its interest in this Agreement without the prior written consent of HABIT AT, which shall not be unreasonably withheld. HABIT A T may not assign this Agreement to any other party without the prior written approval ofCRA \vhich shall not be unreasonably withheld. 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of CRA, HABIT A T may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement, or PURHCi\SER HABIT A T may accept the Property without any reduction in the value of the Property. DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page R of 13 16. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages. costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, CRA'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 17. ENVIRONMENTAL CONDITIONS. To the best of CRA'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT OF THE PROPERTY. CRA and HABIT AT acknowledge that the Property is being sold to HABIT A T for the sole purpose of developing, marketing and selling twenty-one (21) single-family homes to families whose income does not exceed 120% of median household income for Palm Beach County as set by HUD. No more than fifteen of the homes may be sold to families whose income is below 50% of median household income for Palm Beach County. The Property is to be held by the HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, INe. Its accessors and or assigns in perpetuity to ensure future affordability of the homes. 18.1 Construction. HABIT AT agrees to construct twenty-one (21) single- family homes pursuant to the construction schedule and requirements provided herein. HABIT A T agrees to begin construction on all homes by December 2013. Construction shall mean vertical construction ofthe walls. 18.2 Construction Requirements. The following amenities are required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified: a. All homes shall include, at a mlmmum three bedrooms, two full bathrooms, a one-car garage, a living room, dining room, full kitchen and a master bedroom with walk-in closet and attached bathroom. b. The following appliances shall be included and must be Energy Star rated: . Refrigerator . Oven/Range . Built-in microwave oven . Dishwasher . Washer . Dryer . Water heater DEVELOPMENT AGREEMENT (revised by DJ 7/27]]) Page 9 of]3 . Irrigation pump if a well is required by the City. . Central air conditioning/heating. c. Ceramic tile throughout the hallways, kitchen, dining area and bathrooms. d. Carpet in the living room and bedroom. e. All windows shall be Dade County hurricane rated. f. The roof shall be warranteed for a minimum of twenty years. g. Xeriscape landscaping and irrigation that exceeds the minimum requirements of the City code. h. Two community monument signs; one to be located at NW 8th A venue and one a NW 1 st Street. Signs to be constructed of concrete and must be at least four feet high by five feet wide. 1. A fenced and landscaped buffer to be installed along the entire Project boundary at Seacrest Boulevard subject to City approval. J. Installation of streetlights within the Project subject to City approval. 18.3 CRA Design Approval. Prior to submittal to the City for construction permit, HABIT A T must obtain CRA Board approval of the design of all model homes. Habitat shall submit the proposed final plans to the CRA no less than thirty (30) days prior to the next regularly scheduled meeting of the CRA board. The CRA Board approval will be provided in writing to HABIT AT within five (5) business days of the CRA Board meeting where the approval was voted upon. 19. LAND TRUST. Habitat agrees to that all twenty-one (21) lots will be transferred into the Habitat for Humanity of South Palm Beach County Community Housing and Land Trust, Inc. Its accessors and or assigns and that all the lots shall remain the property of t.fle-~ community land trust in perpetuity. Only improvements on the lots may be transferred to subsequent buyers. Lots shall be leased to home buyers under a l!round lease (-:Ground Lease:). 19.1 Maintenance. As the manager of the Land Trust, Habitat agrees to maintain the common areas of the Property and each individual lot within the Property once each lot is developed, in perpetuity. Habitat shall enforce the terms of the Ground Lease at all times. 20. REVERTER. Subiect to terms 21.13 below. !in the event HABIT A T fails to adhere to the time1ine outlined in Section 18.1 , and HABIT AT has not provided CRA with a written notification as to the reason explaining that circumstances not under the control of HABIT A T have prevented HABIT A T from meeting the timeline which in the sele-reasonable discretion of the CRA it may reject, then the Property shall, as a matter of law, automatically revert back to the CRA. The CRA agrees to work reasonably with HABIT A T in working within the timeframe set forth above, but HABIT A T and CRA agree that time is of the essence. Furthermore, if each home is not sold to income-qualified buyers as defined herein and approved by the CRA. the property upon which the home is located shall, by operation oflaw, revert back to CRA. If the Property reverts back to the CRA. the CRA may in its discretion complete the construction of the homes and satisfy any outstanding construction loans held by HABIT AT provided HABIT AThas assigned the construction contract to the CRA. In the event the CRA funds the construction of the home it shall deduct from the sale proceeds of the home. the full amount necessary to reimburse the CRA for all funds advanced. In the event there are any surplus funds remaining after the CRA has been fully reimbursed for all funds advanced by it to DEVELOPMENT AGREEMENT (revised by D.l7/2711) Page 10 of 13 complete construction of the house, the remaining surplus funds, if any, shall be paid over by the CRA to HABITAT. 21. MISCELLANEOUS. 21.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 21.2 Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 21.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 21.4 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 21.5 Severability. If any proVISIOn of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances DEVELOPMENT AGREEMENT (revised by D.T 7/271\) Page 11 of 13 shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 21.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and CRA shall control all printed provisions in conflict therewith. 21. 7 Waiver of Jury Trial. As an inducement to HABIT A T agreeing to enter into this Agreement, HABITAT and CRA hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 21.8 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement. reasonable attorneys' fees and costs. including those at the appellate level, shall be awarded to the prevailing party. 21.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and CRA has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 21.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 21.11 Survival. The covenants, warranties, representations, indemnities and undertakings of CRA set forth in this Agreement, shall survive the Closing, the delivery and recording of the CRA Property Deed and HABITAT'S possession of the Property. 21.12 CRA Attorneys' Fees and Costs. CRA acknowledges and agrees that CRA shall be responsible for its own attorneys' fees and all costs, if any, incurred by CRA in connection with the transaction contemplated by this Agreement. 21.13 Force Maieure - The pal1ies shall not be liable for any delav in perf<))1nance or failure to pertlmll any tenn or condition of this Agreement caused by (i) fire. (ii) explosion, (iii) accident. (iv) flood, (v) strike. (\i) any regulation. rule or act of governmental agency precluding performance, (vii) any act of God. (\ iii) armed conflict. or (ix) civil commotion. SIGNATURES ON FOLLOWING PAGE date. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective HABIT A T HABIT AT FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, INe. By: Print Name: Title: Date: Witnesses: Approved as to form and legal sufficiency: CRA Attorney eRA BOYNTON BEACH COMMUNITY REDEVELOMENTAGENCY By: Print Name: Jose Rodriguez Title: Chairperson Date: Witnesses: H:\ I 998\980465.BBCRA,H4H Developers Agreement Clean Version.doc DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 13 of 13 Exhibit ~~A" Legal Description PCN: 08-43-45-21-07-002-1311 And PCN: 08-43-45-21-07-002-1320 And PCN: 08-43-45-21-07-002-1321