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Agenda 12-13-11 „,„*. B BEACH CRA Board Meeting Tuesday, December 13, 2011 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order - Chairman Jose Rodriguez II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda V. 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 VI. Announcements & Awards: A. Downtown Open Market- December 18, 2011 VII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting November 8, 2011 B. Approval of Period Ended November 30, 2011 Financial Report C. Monthly Purchases Orders D. Approval of Commercial Facade Grant to Easy Pay Tire Stores, Inc. (Goodyear) E. Approval of Commercial Facade Grant to Rustic Retreat F. Approval of Commercial Facade Grant to Hurricane Alley G. Approval of CRA Resolution RI 1 -06 for Additional Three Year Term for IT Services with the City of Boynton Beach VIII. Pulled Consent Agenda Items• IX. Information Only: A. Public Comment Log B. Marketing Inrtratne ()rowan) !tovnton 1 In nnl `Nho1 1 ( ft adverti C. Update Press Releases and Media ( overage X. Public Comments (Note comments ate limited 1(1 minutes in dniation) XI. Old Business: A. Consideration of Amendment to Development Agreement \\ ith Habitat foi Humanity of South Palm Beach County for Ocean Breeze West B. Consideration of Amendment to Development ,Agreement With Habitat tor Humanity of South Palm Beach County for 4 lots In the Martin I other King_ Ir Corridor C. Consideration of Uses for Additional 111 lcv cline 1 Heritage Fest a 2012 o 2013 2 Kinetic Symposium 3 1'v eats 4. Marketing Economic Development XI1. New Business: A. Rey iew Policy Regarding Mortgage foreclosures, CR' Liens_ and ( ollection of C'RA I,oa]i 13. Consideration of Proposal from Kimley -Horn io Design and Construction Administration of Marina Entry Area al Boynton Beach RI\ d and Federal Highway C. Consideration of CRA Board Meeting Dates for 2)112 D. Discussion of Study tor Financing Options of Old High School XIII. Executive Director's Report A. Protect Status Update and HOB Investment Update XIV. Future Agenda Items: A. Renegotiate the Terms'Fees with the Palm Beach County Commission on Ethics (Tabled 1 1 s XV. Adjournment Not Ic 1 1 A PI R1 UI ( IUI 1 1 O 1 1 ' 1 ' 1 A I AA■ 1 ) 1 ( 1110A A I ADI 10 1 I I I t 1) V 110 A R I ) V 1 1 1 1 1 P1 1 I I ( I 1 0 \ v 1 0 ) 1 1 1 0 00 1101 (1 1) 1 III1 AI) 1 11A(, '1) \ \ 1 1 1 A ) I U \ RI ( ORD 01 1 1 1 1 PRO( 1 1 DIti01 V A 1 ) , I0R 1) ( 1 1 1 ' 1 R1'0A1 1 1 1 1 1 1 1 A I A + 0 ! 1) 1 O 1 011 RI 111 A t V '0 1 < 1 ) 1 0 1 < 1 ( 0 0 1 ) 0 1 PRO(I DlA(, 11 Vt VDl VV i l l ( 1 1 R1 000" 1 ) D1 A 1 1 1 1 1 1 111A10Al \ \ f I I'0\ AV 111( 1) I1)) VPP) 0 10101)1 1) V1) 11 11 IN 7ti(, ll1111 1111 (0) tilt )1 [ 1) 00)11) AI'I'RO1'RI V I I \,1 A11 1 ARA A11)1 <00 , 0 R\ 1( l 1 s' 111 lO ' 1' 111 (R) (1 1 U01) <0 IAUTAIUI V1 'V 111) op, A1111 1 101 Al OPPORit N11\ 101' \R11) 11'V11 IN VA1)1A)01 1111 1)1A1111101 110 000o1)1AI Olt V( 111111 ()A0I 1s• 1 + ) (IIA11) V III (RV A115611 0 AI 11 0 1AA IA1) -1') 01101 R,P010)' ).11I 11111A(,I'R0(∎RVA101: V IIAI1 /RN () 11' 1911 P' RI A10A 01i1 1 Al ( 0A1))01)' I t 1 )) 0 01 0) 1 11 BOYNTON =BEACH CRA BOARD MEETING OF: December 13, 2011 Consent Agenda I Old Business I New Business I I Legal I I Executive Director's Report SUBJECT: Downtown Open Market — Sunday, December 18, 2011. • SUMMARY: On Sunday, December 18, 2011, the Boynton Beach CRA continues the series of Downtown Open Market's at the Civic Center and the surrounding outdoor area. • This FREE event will take place from 11:00 AM to 4:00 PM • The event features 60+ vendors with items such as: handmade indie crafts, vintage goods, art and specialty pet items. • Live local band will be playing at the Amphitheatre from 12:00 PM to 3:00 PM. • Food and Drinks provided by the latest food craze: Gourmet Food Trucks. • Ample FREE parking onsite. • No pets please. FISCAL IMPACT: Budgeted in line item 01 -51230 -225 CRA PLAN, PROGRAM OR PROJECT: RECOMMENDATIONS /OPTIONS: forer' Xt Kathy Biscuiti Special Events Director G \CRA Board \Downtown Open Market Dec 2011 doc • . .0 , i wage __ �rafts, • , � �... Nov Derxtbeif,49aw PEN ARK E ...,_,,, II ..- If 6 '.-- - Hosted by the Boynton, Beach CRA! l l Shop downtown right in your community r �/ Et support your local artists, crafters, independent designers, musicians, vintage Et IP antique dealers, specialty food vendors ft unique local businesses! 1 RTS. INDIE auFrs, VINTAGE GOODS. MUSIC, FOOD & FUN! • Vintage clothing & accessories • Affordable art • Specialty pets items • Handmade indie crafts • Baked goods • Handmade & vintage jewelry • Natural bath & body goodies • Gourmet Food Trucks • Flea market finds Boynton Beach Civic Center Presented By: 128 E. Ocean Avenue 2011 Schedule: Y Boynton Beach, FL 33435 Sun, Oct. 16th 11am- 4pm b C AM * 0' orner of Ocean Ave 8 Seacrest Blvd. NOV th - & Sun, .20 11am 4pm 0 K. FAMILY www.BoyntonBeachCRH.com Sun, Dec. 18th 11am- 4pm . VINTAGE or call 561- 737 -3256 x -219 - Held once a month on a BOYNTON CRA ..N * FREE Admission & Parking * BEACH Rain or Shine ! Sunday Oct. thru Dec. For more info or to find out how to become a vendor visit: , Gourmet Food Trucks will be on site! www.DowntownOpenMarket.com � i�, ^' % � www . GoarmetTrackEzpo.com ... ..„:.., „ . ,. .. ....4! z ... .. . , , 1 ,I.4 ,. , -. 1 I 1 1 1' t 1 i sear:: : :;: ° ... =:. i 1 • i _: . r.. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, NOVEMBER 8, 2011 AT 6:30 PM IN CITY COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA PRESENT: Jose Rodriguez, Chair Vivian Brooks, Executive Director Bill Orlove, Vice Chair James Cherof, Board Attorney James "Buck" Buchanan Woodrow Hay Steve Holzman Mark Karageorge Marlene Ross I. Call to Order Chair Rodriguez called the meeting to order at 6:31 p.m. II. Pledge to the Flag and Invocation Mr. Karageorge gave the invocation and led the Pledge of Allegiance to the Flag. II. Roll Call The Recording Secretary called the roll. A quorum was present as noted above. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Mr. Karageorge pulled items VII. A and G. Ms. Ross also pulled item VII. A. Vice Chair Orlove pulled item VII. B and item IX. B and D. He requested item XI G be moved up for discussion and felt it should be discussed before XI. E and F. Chair Rodriguez suggested leaving it as is. Mr. Holzman requested to add under XII. New Business, a discussion on the abatement for graffiti in the CRA. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 Motion Mr. Hay moved to approve the agenda as amended Vice Chair Orlove seconded the motion that unanimously passed V. Informational Items and Disclosures by Board Members and CRA Staff: A Disclosure of Conflicts for Items Presented to the CRA Board on Agenda Items Vice Chair Orlove disclosed that he had an email discussion with Kim Kelly on Item IX D. Mr. Karageorge disclosed he also had an email conversation with Ms Kelly B Informational Announcements Mr. Hay announced the Seacrest Streetscape Beautification Celebration was very well attended. Most of the Commissioners were in attendance and there was representation from the departments that were involved He also reported that he attended the ground breaking event for Seabourn Cove, which was north of WalMart on U.S. 1 There will be 308 units there and would be an asset for those coming into the City from the south Vice Chair Orlove advised that many of the Board members attended the Florida Redevelopment Association (FRA) Conference, which was a state -wide conference in Orlando. One of the discussions he sat in on was place- making strategies for public spaces, which dealt with spaces being public, park or municipal and how to draw people to those places. He also attended a discussion on special events, which was very helpful and interesting Ms. Ross indicated she also attended the FRA Conference and thought the content was excellent. She also attended the WalMart VIP celebration and the Streetscape celebration. She commented all the artwork on Seacrest and MLK wais very beautiful and wanted to acknowledge Debby Coles -Dobay and the Arts Commission for their work She wanted to remind everyone that the Chamber of Commerce monthly luncheon would be held on Wednesday, November 9 at 11.30 a.m. Mr. Karageorge reiterated the WalMart opening was a great success The groundbreaking for Seabourn Cove, the Seacrest Streetscape, FRA, and everything else everyone mentioned was very successful. VI. Announcements & Awards A Toys for Tots 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 Kathy Biscuiti, Special Events Director, announced that on November 1 the Toys for Tots drive with the Marine Corps was kicked off for the third year. The Marines are at the Boat Parade and collect toys on the water during the parade. She was requesting people to be cognizant of the children that do not have anything for Christmas and to donate to one of the many sites around the City, such as the Civic Center, the Schoolhouse Childrens Museum, the CRA, and the Chamber of Commerce. Toys would be collected until December 9th Ms. Biscuiti reminded everyone that Sunday, November 13 would be Sunday Funday. It would be at the Boynton Harbor Marina. There will be a petting zoo and the theme would be Pilgrims and Indians. There would also be a steel drummer there and Two Georges is offering food and drink specials. The following Sunday, November 20 will be the second Downtown Open Market at the Civic Center. There will be indie crafts, vintage goods and gifts geared towards the holiday season. On December 3 the annual holiday parade, tree lighting, and concert will take place at the 100 block of East Ocean Avenue. Bass Transit, a Chicago tribute band, would provide the entertainment. The following Friday, December 9 will be the boat parade at the Boynton Harbor Marina with family activities and a band. The City Manager would be a judge and Ms. Biscuiti was trying to get radio stations to be judges so it could be promoted VII. Consent Agenda A. Approval of Minutes — CRA Board Meeting October 11, 2011 This item was pulled by Mr. Karageorge and Ms. Ross. B. Approval of Period Ended October 31, 2011 Financial Report This item was pulled by Vice Chair Orlove. C. Monthly Purchase Orders D. Consideration of Approval of Business Signage Grant to SML Enterprises LLC d /b /a DIY Frozen Yogurt E. Consideration of Approval of Extension of Time for Interior Build -Out Grant to Palm Orthopaedic Institute, Inc. F. Consideration of Approval of Rent Subsidy Grant to GPS PEO, Inc. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 G Consideration of Approval of Rent Subsidy Grant to The Law Offices of Angelo A. Gasparri, LLC d /b /a Debt Relief Law Center of PBC This item was pulled by Mr. Karageorge VIII. Pulled Consent Agenda Items VII A Approval of Minutes — CRA Board Meeting October 11, 2011 Mr Karageorge advised on page 15, third paragraph, it talks about where he wanted to roll over the funds. He wanted them rolled over into a dedicated account to be used as the CRA Board sees fit, not what was currently there Motion Mr Karageorge moved to approve the minutes as amended The motion was seconded by Mr Hay and unanimously passed Ms. Ross advised that on page two when Mr Karageorge was speaking it states, "he commented he attended the tri -city expo, where the Boynton Beach Community Redevelopment had an exhibit ", she wanted clarification that it was the Boynton Beach Chamber's expo and wanted it clarified in the minutes. Motion Ms. Ross moved to amend the minutes as stated The motion was seconded by Vice Chair Orlove and unanimously passed VII. B. Approval of Period Ended October 31, 2011 Financial Report Vice Chair Orlove inquired if the $25,000 of contingency funds that had not been used rolls over and could it be used in the current fiscal year. Susan Harris, Finance Director, stated this was the budget for the new fiscal year She explained in last year's budget, the contingency fund was for this year's budget. There was $75,000 from last year and was used in this year's budget for projects VII. G. Consideration of Approval of Rent Subsidy Grant to The Law Offices of Angelo A. Gasparri, LLC d /b /a Debt Relief Law Center of PBC Mr. Karageorge wanted to thank the applicant for leaving Boca Raton and relocating to Boynton Beach. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 Motion Mr. Karageorge moved to approve the Rent Subsidy Grant. The motion was seconded by Ms. Ross and unanimously passed. IX. B. Delray Beach Community Land Trust Information Vice Chair Orlove wanted to thank staff for including the information on the land trust. It helped him understand what a land trust was and also wanted to ask the Executive Director if this information applied for Ocean Breeze West. Ms. Brooks stated that Vicki Hill, who works in the CRA office, put together a PowerPoint presentation giving information on her own perspective. She lives in Delray Beach and purchased her home in Delray Beach Community Land Trust. Mr. Hay added that with the Ocean Breeze project on Seacrest Boulevard, there was a lot of talk and fear going around about land trusts, that nothing would be owned. He looked forward to the presentation that would hopefully eliminate some of the fears of land trusts. A short presentation was shown. Vice Chair Orlove noted that he saw the land trust in Delray had membership and support opportunities. He inquired if that was similar to what would happen in Boynton Beach. Ms. Brooks believed that in Ocean Breeze, there would be an owner's association. There would most likely be members of the community who would make up the board. That was typically how land trusts work. There would be sponsorship opportunities through the land trust. Vice Chair Orlove mentioned that there would be opportunities for members of the community to donate funds that would be of help to this development. XI. D Information Regarding Utility Capacity Charge for Restaurants Vice Chair Orlove mentioned he had an email communication with Kim Kelly regarding this topic. He expressed that he was surprised that in order for her to expand her business, the fees involved were quite steep. According to Ms. Kelly, each seat she would add would be an additional $250.18. That was a very high fee to pay, as our objective was trying to promote businesses within the CRA and to have those businesses expand. He stated he had an email communication with the Executive Director and understood there was some discussion with the City regarding this. Ms. Brooks stated there was going to be a study done to look at the relationship between the current pricing and the actual costs. She also mentioned that in the CRA, the outdoor seating was exempt from fees, which originally was an incentive. Chair Rodriquez advised this was a discussion about how much it would cost to expand an interior of a business and agreed that any impact should be minimized if someone wanted to expand. He further advised this would be brought up to the City Commission for discussion, who would have decision making authority to change it. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 Ms. Brooks stated that if a new restaurant came in and had 150 indoor seats, which was the minimum needed for a full liquor license, the fee would be around $40,000, just for that particular item and excluding any other fees or costs associated with it IX. Information Only A. Public Comment Log B. Delray Beach Community Land Trust Information This item was pulled by Vice Chair Orlove. C Arts Commission Recommendation of Marina Entry Art Selections D Information Regarding Utility Capacity Charge for Restaurants This item was pulled by Vice Chair Orlove X. Public Comments Chair Rodriguez advised the public they were allowed to speak on items that were pulled on the agenda Vice Chair Orlove indicated he would also like the public to be able to speak on Information Only items Chair Rodriguez advised it was not part of the agenda procedure and process Vice Chair Orlove inquired of Attorney Cherof if the public was allowed to speak on items that were pulled for only informational purposes as well. Attorney Cherof advised that was possible only after a motion was made to change the rules of the day and get board consent to deviate from the usual process of not speaking to informational items. Motion Vice Chair Orlove moved to allow public comment to allow all agenda items or non - agenda items. The motion was seconded by Mr. Hay and unanimously passed. Attorney Cherof indicated this change of rule was applicable for this meeting only and does not carry over. Angelo Gasparri, 269 NW 64 Street, Boca Raton, wanted to let the Board know that moving his offices to Boynton Beach was an extraordinarily exciting opportunity to locate in the CRA and evaluate the chance to take advantage of the grant. He advised he could not think of a better place to serve southern Palm Beach County than this location and looks forward to doing so for many years. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 Libby Stroud, 132 NE 13 Avenue, wanted to publically thank the Board for everything done for the Heart of Boynton. She advised she heard there may be additional funds available and was again requesting reconsideration with matching funds for the Heritage Celebration. She thanked the Board for the monies given in the past and hope the Board would be willing to match the funds they raise for the Celebration. Kim Kelly, 529 E. Ocean Avenue, owner of Hurricane Alley wanted to thank Board Member and Mayor Rodriguez, Board Member and Commissioner Orlove and Board Member Karageorge for the communication and assistance with problems with the Building Department and the long process in helping her to understand how everything worked. The CRA had been exceptional. She advised she wanted to discuss the utility charge and the cost of $9,300. That was a big expense for her. The renovations to be able to expand the restaurant carried close to $15,000 in costs. She wanted to try to get the burden off the small businesses that were making the downtown vision come to life. She indicated she would hopefully be the first restaurant in the downtown district that would be 150 seats and had a liquor license in a full run restaurant. She was asking for a discount, waiver or whatever possible to help offset the costs in return for helping to build the downtown. XI. Old Business A. Consideration of Approval of HR Manual — Definition Revision (Tabled 10/11/11) Motion Mr. Karageorge moved to remove the item from the table. Vice Chair Orlove seconded the motion that unanimously passed. Ms. Brooks advised this item was tabled to enable a meeting with the City's new Human Resources Director. The policy was reviewed and the City's policy is that 36 hours would be full -time. The purpose of the review was to have the CRA policies consistent with the City's. Chair Rodriguez inquired how many hourly employees the CRA had. Ms Brooks indicated there were two. This policy only applies to hourly employees. There was discussion on edits that would be made to make the CRA Policy Manual consistent with the City's Policy Manual. Motion Mr. Buchanan moved to make the manuals conform so that it would be the same for the CRA and the City. Mr. Hay seconded the motion that unanimously passed. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 B Renegotiate the Terms /Fees with the Palm Beach County Commission on Ethics (Tabled 10/11/11) Motion Mr. Karageorge moved to remove the item from the table. Ms. Ross seconded the motion that unanimously passed. Attorney Cherof advised there was no back up on this item. He explained that two issues were moving forward First, the Executive Director of the Palm Beach Commission on Ethics indicated when he spoke at Lake Worth, that an agreement was entered into regarding coverage the County was in the process of considering as an amendment to their Ordinance It would include special districts, such as the CRA. If that was the result, there would be no agreement necessary. Secondly, Attorney Cherof advised he reached out to one of the members of the State of Florida Commission on Ethics and they were going to take up issues regarding expediting procedures and reviews at a State level. However, they do not yet have the paperwork ready to share He recommends this matter be tabled for one more meeting Motion Mr Buchanan moved to table the matter for one more meeting. Mr Holzman seconded the motion that unanimously passed C. Consideration of Issuing an RFP for a Tenant for the Oscar Magnuson House Ms. Brooks advised she wrote the RFP /RFQ, mirroring what was done with the Ruth Jones Cottage, with similar terms. However, there was more to consider with this project, mainly cost that the Board needs to take into consideration and discuss Ms Brooks advised the cost of the project was $838,500, plus a contingency, based on experience with other projects With a contingency, it would cost close to $1 million. There are a lot of fees that are forgotten when these projects are started, which could be another $100,000. The Board encumbered $300,000 for the project with a shortage of $722,000. A mortgage would have to be procured for almost $500,000, which would require City Commission approval. Ms. Brooks suggested other things to consider would be to possibly broaden the RFP to attract a variety of businesses rather than just a restaurant It would be very costly to convert a house into a restaurant as it takes the least intense use and goes to the highest intense use However, the street may not be ready for retail use. The other issue to consider would be the economic environment. Ms. Brooks suggested allowing the Ruth Jones Cottage to get up and running and get the events planned so that people are accustomed to coming to Ocean Avenue The Oscar Magnuson House was a big project and a large investment for whatever partner that would be chosen 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 Mr. Buchanan inquired what kinds of businesses the CRA thinks would work at that location. Ms. Brooks suggested possibly a law firm or a professional office. In any event, converting from residential to commercial would carry a great cost. There was discussion about holding off on the RFP until such time that a restaurant could be put at that location as it would be the best type of business for Ocean Avenue. Motion Mr. Buchanan moved to take staff's advice and hold off on the RFP. The motion was seconded by Mr. Hay and unanimously passed. D. Consideration of Lease Terms with Adventurous Palate for Ruth Jones Cottage Mike Simon, Development Director, advised this item was to consider some of the lease terms that had been negotiated and part of the RFP with the owner of the Adventurous Palate Food Company The intricacies and the boiler plate language that was typically in a lease, was not included in the back up material. Those are things that would transfer from commercial lease to commercial lease. CRA legal counsel was deciding whether it would be the same language of previously used leases. It was also suggested, at the same time staff was directed to bring back a lease for approval, to work with the owner and REG and discuss issues like the health department application and approval, and to find out what type of equipment was allowed among others. As with the 710 lease when the current CRA office was built out, items of responsibility for the cost of certain things were identified in the lease, such as the approvals, the architectural fees, and the HVAC system. Those obligations need to be clearly defined. The purpose of the lease outline was to receive direction from the Board as far as terms and if there was anything in those terms that was not supported. Mr. Buchanan inquired why the second year of the lease term was $5.00 per square foot base rent plus expenses, and the third to fifth years was $5.10 per square foot. Ms. Brooks advised the 2% was out of the RFP. The CRA was trying to get a stabilization period for the owner because there was not a lot of traffic in that area yet. Mr. Karageorge suggested the utilities responsibility belongs to the tenant and should clearly be spelled out in the lease. Motion Mr. Buchanan moved to approve. The motion was seconded by Mr. Holzman and unanimously approved. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 E. Reconsideration of Conducting Study to Narrow Boynton Beach Blvd from Seacrest Blvd. to Federal Highway in the Amount of $56,400 to Kimley- Horn under Continuing Contract Ms. Brooks advised the project was about streetscaping. It may or may not involve losing any lanes The issues over time were roads got wider, more and more land was taken away where plants could be planted, and maintain efficient parking What was happening now with many of the businesses along Boynton Beach Boulevard was people literally had to back out onto Boynton Beach Boulevard DJ's Restaurant wanted outdoor dining and it was impossible to do, due to the configuration and the Florida Department of Transportation (FDOT) taking over so much of the laneage year after year to the point that nothing could be done Ms Brooks stated there were discussions on what people see when they drive into the City. When travelling on Boynton Beach Boulevard, a person would see concrete poles, wire, paving and it was not visually inviting. In addition, there was no room to help businesses improve their facades and make any landscaping improvements Chair Rodriquez advised he had received many calls and emails on this issue He wanted to clarify that this issue was for a recommendation on streetscape Some of the elements discussed may include some narrowing of the streets, but it was a study at the present. It was not a street narrowing recommendation; it was a streetscape and beautification recommendation He wanted to clarify the scope of the project Ms. Brooks explained the process that Kimley -Horn would follow with FDOT They would do traffic analysis, design options and then discussions would take place with the community about options desired Mr Buchanan indicated his support of the project and saw it as more than a streetscape project, it was also a functionality project. He opined that there was another very unattractive entrance to the City which was North Federal Highway. He wanted to know if it was possible to include a couple of improvements in the study, possibly burying the utilities from Boynton Beach Boulevard to Gateway among other things Ms. Brooks would follow up with Kimley -Horn. Motion Mr Buchanan moved to go forward with the study Mr Holzman seconded the motion with discussion Vice Chair Orlove advised that at the Florida conference, there was a discussion about one of the cities in Pinellas County that did something similar where they took a four lane roadway and made it a two lane which made it more attractive. He indicated he was in favor of the project, but not at the cost of sacrificing other items that needed attention, such as the Heritage Celebration, and the Kinetic Art Exhibit. If $56,400 was 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 going to be spent for a study, where would the money come from? Ms. Brooks advised that $30,000 would come from the overage from the millage changes and the balance would come from the project fund contingency. Mr. Hay concurred with Vice Chair Orlove. He felt the money spent for a study should be allocated to other projects discussed in the past. There was further discussion on the pros and cons of funding the study, some in support and some against the spending of the funds. Valerie Pleasanton, 510 E. Boynton Beach Boulevard, representing Ace Hardware, expressed her concern that the businesses in the area felt the City was targeting them and wanted them to leave the area. She felt that this was a project where something was being fixed that the business owners did not perceive as broken. She stated all the traffic coming down the Boulevard creates income for not only the businesses, but for the City, She further stated that when the City devises these "traffic calming" ideas to narrow the street and make it walkable and beautiful, it all sounds wonderful, but the end result is less traffic coming down the Boulevard and less dollars in the pockets of the business owner. If that happens, she could not afford to run a business in downtown Boynton Beach. In addition, she advised she had a semi -truck come to the store two times a week that travels down Boynton Beach Boulevard. She could not imagine how, if the street were narrowed, it would possibly get in and out of the store. She asked the Board to consider the business owners that are already there and struggling. Chair Rodriguez commented to the speaker and reminded her that this was simply a study and nothing was being done except potentially funding a study if the motion passed, to look at options available without taking any action to minimize any business. There would be opposition to anything that would hamper a business on Boynton Beach Boulevard as the intent was to increase business and not stop it. Vice Chair Orlove wanted to further discuss the issue. He asked Attorney Cherof for a legal point of order. Attorney Cherof advised that, as in the last issue, the support of the Board would be needed for further discussion to override the Chair's position, as the Chair controls the meeting until such time the Board sets otherwise by majority vote. Motion Vice Chair Orlove moved to have a discussion with staff regarding this issue only regarding finance. Mr. Hay seconded the motion. The motion passed 4 -3 (Chair Rodriquez, Ms. Ross, Mr. Buchanan dissenting). Vice Chair Orlove inquired if this were passed and the $56,400 were spent, how much would it leave in terms of money that could be allocated for other projects. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 Ms Harris advised in the Project Fund Contingency, there would be $40,000 remaining In the General Fund Contingency, there would be $25,000, after taking out the funds for the study Vote The motion passed unanimously. F Consideration of Providing Seed Funding for the International Kinetic Art Exhibit and Symposium 2012 Ms. Brooks advised this item was recommended by one of the Board members as an option to use additional funding for the Kinetic Art Symposium, to be held in 2013 The request was to provide some seed funding so they could proceed with workshops now The Arts Commission was asking for $30,000 total, $20,000 for creation and production of an art show book and promotional materials, and $10,000 to fund five artists to participate in the Exhibit and Symposium It would be up to the Board to fund the entire amount or any other amount agreed upon It would be held in the downtown area if the Arts Commission wanted the CRA to be a partner, but not if the art would be spread all over the City Ms. Brooks indicated she was in support of the event and planned on adding it to their budget next year as an event, but did not anticipate the request for seed money and, as a result, it was brought before the Board Debby Coles - Dobay, Public Art Administrator, explained that the goal was to have the event in February, 2013. The plan was to have a workshop in 2012, where all the stakeholders are brought together to concentrate on the planning of the event, the partnerships, sponsorships, and participants. It would be opened up to City staff, the CRA, the Boards and the Commission in order to get a feel for the project She stated since the workshop was taking place in the current budget year, that was the reason the request for seed money was being made. Vice Chair Orlove inquired of Ms. Coles -Dobay what the total budget for the event would be. She advised there were three components to the event. One component was an academic and educational program that was being partnered with the Palm Beach State College and Palm Beach School District The goal was to obtain $75,000 for that portion. Those two entities were going to contribute those funds on the basis of bringing in a resident artist to work with them in collaboration to come up with a model for a full -size kinetic project to be fabricated and showcased at the Symposium. An additional $50,000 would be for the Symposium itself and the $30,000 would be part of the Exhibit. Avenue of the Arts was already budgeted with $15,000 annually Additional featured artists would come on board to exhibit elsewhere in the City to heighten the event This was something that needed to be done in order to make the event a kick -off and call attention to it. The total sponsorship sought was $155,000, but broken out in 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 the different aspects. This would provide year -round awareness internationally, because of the partnership with International Kinetic Artist, Rein Triefeldt. Vice Chair Orlove commented that through discussions, ideally this would be on the Avenue of the Arts, using Ocean Avenue. There was also discussion about using Intracoastal Park or other areas on Federal Highway, as well. Ms. Coles -Dobay indicated those were possibilities, but wanted to keep it concentrated for the exhibit effect and keep it totally in the CRA district. She also advised that she has had communications with Florida Power and Light because of their solar project they have in Martin County. Contact had also been made with other energy companies, a major dealership, and the Palm Beach County Cultural Council for sponsorship and partnership opportunities. Attorney Cherof advised that last year the Attorney General issued an opinion that was previously discussed about the distinction of spending CRA trust funds for promotional activities, and spending it on bricks and mortar. The emphasis of the Attorney General's opinion was first the bricks and mortar expenditure had to come and then, perhaps, money could be spent to promote those projects. It was a very nebulous opinion and did not draw a clear line for anyone, but it was clear that the Attorney General was contemplating that the expenditure of trust funds would be restricted to recognizable advancement to the CRA mission to eliminate slum and blight. He further advised if the CRA was going to move in the direction of this type of expenditure, that it be done with the caveat that the CRA would look at how the funds would be spent and, perhaps, reach out to the Attorney General's Office for a further opinion or to the Florida Auditor General. When asked if the opinion meant the item should be tabled or approved with a contingency, Attorney Cherof indicated either one would be acceptable, as long as it was approved contingent upon clarification of the expenditure being consistent with the mission of the CRA and the trust fund language. Mr. Buchanan questioned why seed money would be needed for artists if they could come under next year's budget. Ms. Coles -Dobay explained the program would be started in April of 2012, so the funds would be spent right away. Motion Mr. Hay moved to support the idea based on the comments of legal to add the contingency and for the amount of $30,000. The motion was seconded by Vice Chair Orlove with discussion. Ms. Ross inquired if there was a deadline and thought possibly it should be tabled until a later date. Ms. Coles -Dobay indicated she wished for funds to be available for the workshop in February. There was continued discussion on the funding of this project 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 with all the other projects requesting funding. It seemed premature to commit to $30,000 in seed money for an event that may or may not happen. Possibly, the CRA could assist at a later date, once there were sponsorships and donations for the project Vote The motion failed 2 -5 (Chair Rodriguez, Ms Ross and Messrs Holzman, Buchanan and Karageorge dissenting). G Consideration of Budget Amendment Resolution for the Increase in City /County Millage Rates Ms. Brooks advised this was to account for the increase in millage from the County and City and thus the increase in TIFF, the $150,000 allocated for the high school, the $40,000 to the Promenade DIFA agreement, and the $30,000 towards the Boynton Beach Boulevard Study Motion Mr Karageorge moved to approve Resolution No 11 -04 to allocate $150,000 to the Old High School Study, $30,000 to the Boynton Beach Boulevard Study and $40,000 to the Promenade DIFA agreement The motion was seconded by Mr. Holzman and unanimously passed. H Consideration of Approval of Model Home Designs for the Ocean Breeze West Development Ms Brooks advised that under the development agreement, the home designs must be approved. The only change to what was in the back -up material was that the CRA requested the back porches be made eight feet deep as opposed to four feet deep Motion Mr Holzman moved to approve the designs on recommendations of staff The motion was seconded by Mr Hay with discussion Ms. Ross inquired why some models had windows and some did not Mike Campbell from Habitat for Humanity, advised it was a cost measure. All the windows are impact resistant and are put in where they would be effective and efficient Carol Mahoney, 737 SW 1S Avenue inquired if the zoning had been changed on this property. Ms. Brooks advised it did not need to be as it was already residential. Ms. Mahoney was asked to contact Ms. Brooks or Mr. Campbell to answer her questions. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 The motion was passed unanimously. I. Consideration of Approval of Resolution R11 -05 Ocean Breeze West Execution of Documents Attorney Cherof advised this was a blanket resolution that would cover the transfer of each and every parcel within this particular plat and would resolve who could sign documents for closing and transfer. This would in turn resolve issues title companies may raise regarding authorization. Motion Mr. Hay moved to approve. The motion was seconded by Mr. Karageorge and unanimously approved. XII. New Business A. Consideration of Granting Palm Transit Bus Stop Information Sign License at 222 N. Federal Highway Mr. Simon advised this was to approve the allowance of a solar powered information sign at the existing bus stop on City property, at the corner of East Boynton Beach Boulevard and N. Federal Highway. Mr. Buchanan inquired as to the purpose of this as it was very unattractive. Mr. Simon informed him that it provided information to those waiting for a bus, as opposed to sheets of paper. Wherever Palm Tran could get approval from a property owner where a bus stop is located, one of these signs would be installed. Mr. Buchanan would like a condition on the approval in the event sometime down the road the City wanted to exercise a right to an escape clause. Motion Mr. Buchanan moved to approve the sign with the condition that with some reasonable notice, the City could have an escape clause. Ms. Ross seconded the motion that unanimously passed. B. Discussion on the Abatement of Graffiti in the CRA district Mr. Holzman stated he added this item because he had noticed throughout the CRA, there had been an increase in graffiti, located at Gateway Boulevard, east by Federal Highway, all along Federal Highway, MLK Boulevard and throughout the CRA. One of the things often discussed was the appearance of the downtown and the City. When graffiti is added to the already existing situation, it compounds things. Mr. Holzman 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL November 8, 2011 added that it should be something that is stopped immediately and the CRA should assist the public to eliminate it With the addition of monies the CRA has, assistance should be given to business owners to clean up the downtown. He advised possibly funds between $10,000 and $15,000 be put towards nuisance abatement, specifically as it relates to graffiti Chair Rodriguez advised monies had been set aside for nuisance abatement but was unsure if that included graffiti in the allocation, Nancy Byrne, Interim Development Director, advised a discussion occurred an their management meeting about graffiti in the CRA area It was her understanding that Code Enforcement informs the business owner and presently the onus would be on the business owner to clear it up If there was direction from the CRA to ask the City to take into account a different policy, then that would be the discussion needed The police photograph the graffiti because they keep a log of all the tagging. If it were City property, Public Works would be responsible for removing it There was further discussion about the usage of the nuisance abatement funding and the procedures followed to tag owners More discussion ensued about possibly offering a grant or a subsidy and not lien the property owner. There were other suggestions on how to hold a business owner responsible and different procedures to possibly be put in place, but no there was consensus on the subject XIII. Executive Director's Report A. Project Status Update and HOB Investment Update XIV. Future Agenda Items None XV. Adjournment There being no further business to discuss, the meeting properly adjourned at 8'36 p.m Ellie Caruso Recording Secretary 16 BOYNTO cA BEAC CRA BOARD MEETING OF: December 13, 2011 X I Consent Agenda I I Old Business 1 1 New Business I I Public Hearing 1 1 Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending November 30, 2011. FISCAL IMPACT: None CRA PLAN PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve November financials. s .. c7 Susan Harris Finance Director T\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \December 2011 \Financial Report.doc O 0.- 000 o.-+r .-+r .i0NC 000 NW c H Z 00000 d' I O N 'Cr <M CO d' m .-i 0 0 VD d' r 0 0 1D II 0 44 C11 I 1 ii 0 U Z 0 0 0 0 0 m I N Ifl 1D 1D N m H 0 1^ O m M N O 0 .T 1 1 n H O m O m m m m N m 1D m m If` 0 r m 0 O 0 0 Il 01 i 0 (0 0 (0 (0 H N m O .-4 I0 H .i m h O h N 10 O o M1 M Q O N d' 0 0 r 1D 01 m 0 10 d' N m h 0 d' 0 0 0 0 ,M7 N 0-1r 10 m 10 m 1D H l0 1f1 m U d' N 111 M H V' I 0 W C.) O M W M O M l71 Ifl m a m f (0 O( O O m a H 1D NI H O O . 1 N O M N H M M O M M M H O O M M M M r 1D O M 10 O O N N m� N 1f1 h 0 M m N M U M01 0 m m N 0 h d. 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U1 In o 0 . N-1 0 Pai (.1 o o t� W E. H N I 0 O U' z rn 1 0 H , m ON W q W � ur o, M 0 W j o v 04 U CO N H m 0 N U co m zm O, 77 7 i I N I ^ CO CO A 1 r r IA M m m ri F I m co 0 1 I , n z w , r H H A H ("1 N F q U ' a m H j , 10 m Q ( � O .-1 0 V' M Q 'i Vr H N N i ■ I N F x U 0 O o r N a m v c 0 wa g p. >. ! m m U1 x H t 0 O CO I i N N ,7., H tO ,+'1 sr O z X o I H H F4 2 W .. �� O W cc) pc DC O a 0 W I ul b 4 W W E. H Vg i { m ra o u) n W c g W F H m w 0) 0) 0 E. sr iG Z H PG O E. F U q H U 0 E. , 7. .-+ z z p� O h !r�?a^''� H x EA 0 co N 1 0 W W ��;; g W 1 a x � E. W � W H o f q O 0 Q ,;...._ BOYNTO N c A =BEACH CRA BOARD MEETING OF: December 13, 2011 X I Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Public Hearing 1 Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for November 2011. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Approve the purchase order report. , c::: ) .f..„(2...D i de, or , i . io Susan Harris, Finance Director T \AGENDAS, CONSENT AGENDAS MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting 1FY 2011 - 2012 Board Meetings\December 2011 \Purchases Less Than $25,000 doc Boynton Beach CRA Purchase Order Report Month: November 2011 Vendor Amount Funding Source Description City of Boynton Beach $ 14,500 General Fund 01- 51420 -204 FY 2011 -2012 HR/Payroll Services City of Boynton Beach $ 21,275 General Fund 01- 51650 -210 FY 2011 -2012 IT Services Kimley -Horn $ 56,400 Project Fund 02- 58100 -203 Boynton Beach Blvd Study T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \December 2011 \Monthly Purchase Order Report - Nov 2011 BOYNTON = CRA BE AC H CRA BOARD MEETING OF: December 13, 2011 X Consent Agenda Old Business New Business 1 Public Hearing Other SUBJECT: Approval of Commercial Facade Improvement Grant application from Easy Pay Tire Stores, Inc. (Goodyear). SUMMARY: Easy Pay Tire Stores, Inc., as the tenant of the property located at 619 North Federal Highway, Boynton Beach, FL, has submitted an application for the CRA's Commercial Facade Improvement Grant Program. Eligible items under grant program guidelines include exterior painting and structural repairs, awnings, signage, lighting, paving and landscaping. The applicant is proposing a scope of work that includes exterior doors, landscaping and repairing /resealing parking lot. The Commercial Facade Improvement program reimburses 50% of the applicant's expenditures for the eligible improvements up to a maximum grant total of $15,000.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: Project Fund line item: 02 -58400 -440 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application up to $15,000.00 to Easy Pay Tire Stores, Inc. for program eligible items for the property located at 619 North Federal Highway, Boynton Beach, FL. Vivian Brooks Executive Director BOYNTON �� f� R x aim BEACH 2011/2012 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency J r, Maximum Grant Amount is $15,000 (Please Print or Type Only - Use Additional Sheets If Necessary) L APPLICANT INFORMATION Name of Property Owner: l �� V �� e Address of Property Owner: i 04) City /State ,&; .. �'� ec,_ ,. a Zip Code 3 Phone # Day bc f — �� -, (pc; Evening — Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable) Name of Tenant if Different from Property Owner Name of Business S r-E • , Address of Business 11 9 iv)®; City /State. � �� 1�rzc Zip Code 3 1 7(3 5 Phone # Day S(e1 - 3 Evening initials Page 1 of 7 1O North Federal Highway Boynton Beach, FI 33435 Phone 561 -737 -3256 Fax 561 - 737 -3255 Type of Business: lRe +c : 1 T: r e}- Q.k -4 R._� g Years of Operation: 1 11 Number of Employees: Annual Payroll: ' t-► y L►, and Number of Employees residing in Boynton Beach: List of improvements propo d: wo44 knr --,E, _ II. 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 (CRA). 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 facade 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 Initials 0) Page 2 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 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 facade grant application 5 Maximum Grant amounts The CRA well provide, on a reimbursement basis, a 50% matching grant for eligible facade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds 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 Facade Grant program may only be used one time in any five year period for any one property Properties may reapply for additional grants any time after five (5) years from previous grant approval 7 The property owner, or tenant if applicable, must complete the facade improvement project and submit for reimbursement within 120 days of the grant award Failure to complete the facade 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 Disbursement of grant funds shall only occur if the following conditions are met: 1 CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City of Boynton Beach Building Department Of applicable) 2. CRA has received copies of final "paid in full" vendor /contractor invoices along with a letter from each vendor /contractor stating that all invoices for the project have been paid in full and there are no outstanding monies owed for the project 3 CRA has received copies of final inspection approvals for all permit required work 4. Entire scope of work for eligible items is completed. 5 Applicant provides "After" photos. III. APPLICATION PROCESS 1 An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 710 North Federal initials Page 3 of 6 710 North Federal Highway Boynton Beach, FL 33435 Highway, Boynton Beach, FL 33435, phone 561 - 737 -3256 or download the application from www.boyntonbeachcra com /businesses/ 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first -come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. CRA staff will present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. Applicant is requested to attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of grant approval or denial. 4. The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City of Boynton Beach 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. Application to this Program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. IV. REQUIRED PROJECT INFORMATION & DOCUMENTATION Written description of the improvements to be done to the property along with the following items: 1. Copy of Warranty Deed 2. Copy of Lease 3. Project work write -up(s) describing in detail the scope of the project, 4. Plans or sketches if applicable, 5. Site plan and plant list for landscape projects, 6. Third -party cost estimates from three (3) licensed contractors, 7. Estimated time line, 8. Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), 9. A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views ", 10. Signage design with colors & materials proposed if applicable, 11. Project color chips / material samples if applicable, and material specific. "ens. Initials` Page 4 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 Applicable documents must be attached for the Application to he nrocessee By signing this Application acknowledge that have received and read a copy of T'1E; Program Agreement and I understand and agree to comply with its content SUBMITTING AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Facade Grant Program Agreement, including Program and Reimbursement Regulations. Witness (Date) Property Owner (Date A Wifn ss, ( Date) Property Owner (Date) (Property owner's signature must be notarized) STATE OF FLORIDA COUNTY OF ' j. j; < ,' BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements personally appeared ri (7'/ k f - s who is personally known to me 1,; produced 4A {� 2) ;>; as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument ys his /her act and deed IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County /` /� 20 ,r aforesaid on this ) 7/ ) day of { �, A (, q / 14 NOTARY PUBLIC My Commission Expires _ . _ _ _ y _ _ _ , , _ _ _ 4 1 ��.•�� THERESA UTTERBACK . Notary Public • State of Florida r t • = My Comm. Expires Jan 11, 2014 kr 91 , Co # DO 951135 1 ' O ;; .17 T �upB yMian�l Notup A4_4 �. _ _ Bonded _ [TV Iii' _ 10 North Federal Highway Boynton Beach, FL 33435 ( Tenant/Business owner's signature must be notarized) l , (--') J u Wit ess (Date) Tenant/Business Owner (Date) , , i fill itne (Date) Tenant/Business Owner (Date) STATE OF FLORIDA COUNTY OF --/-- /1J k_. 1 O?h BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personal) appeared l�c n i, who is personally known to me or pro P ce ba y - h e , Ci --;/) ,�S - 3 c) V - 6 as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this l i day of A `/( , 2, , 20 // . / NOTARY PUBLIC ti if / r �� , 1 � 7 / / ff. My Commission Expires: ( THERESA UTTERBACK • 1 I. fl - SWe of Fl orida • My Cam. e$ 11 2014 Commission # DO 951135 1 s '• , t,,, ,N No kaki Sow Through National Notary Assn. Page 6 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 Project Work Write -Up - Replacing 7 garage doors with hurricane rated doors. (white) - Replacing 2 mahogany trees with 3 royal palm trees to match existing landscape. New trees approved by City of Boynton Beach Planning Department. (permit required) - Resealing, repairing and restriping parking lot. - Replacing all concrete parking bumpers. I�.+r., 44.((.‘\ Illoaniararemmut Q . , .,_ ' _I 1 `I_ I Cary �fl �i /y C. �/4/ 1 N �--- ' / i 1 + h �G t� 1 S�N_I � Z1, Wesf � /„ p FLORIDq EAS t,_'�I�II��I � 4. 0 Q' MICI{ C MANJ C � ¢�/, T/TaC `�._ a H UNK FENC //n c J - z PO �sE: 74.5 sr :." - 7... ao _. _�"�..,,�� ASP No, \ N co LOT tr 151 .50 ' o no h 5o --i. L........ r "-- -_.._` _ N£ST UNE OF &.. 47 3' 01 7 ADE l 2 or B LOT 3 a LOT n _---1 l_.—_L L 1 , \ - -� ;_• ' �`I N. ' 40 T Ramo.od+r e r go RCr� �. _, __ m 0 V O le N to 0 41 N rt r r w D Ni 4' - - - -- N. �„n >a r ._ .. ' _ 1 r _ . - v) v) ry 17 1 I i --'' F PLATTED LOT LINE - 49.3' 7. (TYPICAL) - 4 01 _ /, So' V -� EAST UNE OF BLOCK 2 0 0 -- --- ABANDONED RIWT -CIF' -WAY o E ® Fi -‹ ii -- - - . NEST UNE OF BLOCK 1 -. X - .r - LOT 5 f ,, ' LOT 4 I LOT 1 c� p 1 �� Lai-8 -' -t" N ( <� " D ' �i r � § = g !-$4r am �p P ?7 TZ a - •� O -- aiF, rou g t1 Cy w P Z = .- , tZ '' 1 > __ _ y O a -- rsl �. - - n - J �TI J 2� (11 Z -� -- , 1 � t t �1{ b� 14 168' FIELD 17" A g / r 15.5' 28.1' 17.0' 13.8' 33.8' n l 43, / I �{ N. - , . - - 4 CONC. SIDEWALK � - , 1 . " ;.. w . ,l A VER$ 3 PAVERS • C. 4 P9 PAVERSP -- _ • 13. FIEL 150.00 t . 2 <7 . � H - NOT INCLUDED rQ I r {� I _ Y 50 PUT I , 50' PLAT 5O' PLA7 EAST UNE OF BLOCK 1 "j..... U.S. HIGHWAY NO. 1 (NORTH FEDERAL HIGHWAY) /`■ KING CONSTRUCTION INC. October 25, 2011 Easy Pay Tire Store, Inc. 619 North Federal Highway Boynton Beach, Florida 33425-4124 We propose to provide labor, material, and supervision to complete the following: 1 Install seven 10x12 rolling doors, model DS350 and 6 1/2 h.p. commercial operators with O /S /C. Remove and haul away existing doors 2. Supply and install necessary wiring and /or outlets 3. Facilitate continuous alarm service. 4. Remove 2 large mahogany trees and stump grind. 5_ Plant 3 royal palms with a minimum 12"-caliper. 6. Saw cut asphalt and repair root damaged areas. Re -pave these areas. Seal existing parking lot with 2 coats of Star Seal sealer. Layout and paint existing pavement markings. Install new car stops. Doors $11,954.00 Alarm $ 896.76 ; w. Paving $ 5,012.50, Electrical $ 1,200.00 Tree Removal $ 1,500.00 New Landscaping $ 1,425.00 King Construction $ 4,397.65 20 %'' Permit Fees $ 900.00 Respectfully, Alexander King Construction, Inc. / I / Alexander King, President 300 Paulus Court ' Boca Raton, Florida 33486 ° (561) 441-2388 r — C 1RU 2180 SE. 1st Street • Boynton Beach, FL 33435. - . - Proposal Submitted to Phone Date Good ear Service Center 561) 732-2696 November 8th, 2011 Street Job Name 619 North Federal Hi•hwa Exterior im•rovements City, State, and Zip Code Attn: Bo nton Beach, FL 33435 Mr. Dou• Besecker We hereby submit specifications and estimates for: I.) Replace seven exterior doors _____ ____.,______---____.-- .-.....,,.....-■".- . - u. . e.....-,-. -,......- .... -..... ...,...,,..-...s. -... ..... ,....-..-............ •••••+ ........-..--.. -- ..-..., —.... -............,,...,..-._ -..,....--..—...—_...,-...---,..-*._ A.) Reattach existing door bucks _ ___ _____ _ B.) Remove and dispose of existing C.) Install (7) 10)02' roll up doom D.) Install wiring and ot Total cost: $17,750.00 - -- ----- — -- _ A.) Remove (2) mahogany trees B.) Prune and grind roots and stumps __________ C.) Saw cut and repair asphalt as needed _ D.) Seal coat e_n_dlestripe_mr_kinutalls E.) Install new car stbps F.) Plant and mulch (3) 12" diameter Royal Palm trees. ___ — _ Total cost: $9,850.00 .... We Propose hereby agree to furnish labor and materials- complete in accordance with the above specifications, for the sum of: Twen seven thousand six hundred dollars ( $ 27,600.00 - Payment to be made as foliows 30% de • 'sit; 30% u•on door installation; 30% u • •ri landscapin• co • *bon; 10% upon.finalAcceptance ' _ - - -- ' r\ Authorized .- \ Signature __ (1/ (.____,L.- I-C---:_ (President) . _ All agreements contingent upon stnkes, accidents, or delays beyond our control Owner to carry fire tornado and other necessary insurance. This proposal may be withdrawn Our workers are fully covered by workers compensation insurance by us if not accepted within 30 days Acceptance of proposal - The above pnces, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the Signature work as specified Payment will be made as °tallied above. Date of Acceptance R Doug Besecker 906 SW 27n Way 619 N Federal Hwy Boynton Beach PL X343' Boynton Beach, FL 33435 464, Cole RobertC@yahoo cam Services not specifically listed are not included. This proposal is void after 30 days. We propose to furnish labor, materials and all equipment to provide services listed below Miscellaneous Improvements 1. Remove and haul away 2 existing mahogany trees 2. Grind stumps and roots as necessary 3. Seal coat parking lot repairing asphalt by cuffing and replacing. 4. Install new car stops. 5. Re -stnpe parking lot. 6. Remove and haul away 7 garage doors. 7. Supply and install 7 new overhead garage doors 8. Supply and install openers on above doors with necessary electric. Amount $ 32,688.00 If any proceedings are commenced by filing of lien to secure or enforce by suite payment of any portion of such price the undersigned agrees to pay without special demand court cost and attomey's fees for such collection THIS PROPOSAL SHALL CONSTITUTE A CONTRACT WHEN SIGNED BY BOTH PARTIES R.C. C • e • CUSTOMERS ACCEPTANCE �- - 44P BY DATE • DATE Time Line Estimate Once we get approval from the CRA, we estimate our project will take approximately one month. 4 ' . 4 ' s .1 ''''' Skillii °if i I. frilyi' N. � i EASY PAY TIRE C000 YEAR AUTO S4 ..f z ...A 11. ` ..r MS . - , . -r-•. • y; • # • . ` yr i v _ Sr ■ . • 'IAE 606 __ _ _..»-- __.._:r_ r �. � AUip ' S ' r............ RVICf CENTER lit 11 • • IR Oat s ,. \ \ ?< • » \ � § • � . • .. ` 0,1 : 2 \ / ( \ ,} . \ �.. !� ..r . » �. < � \� . . y . .. .v._� . � / > . ! 4 BOYNTON BEACH CRA BOARD MEETING OF: December 13, 2011 X Consent Agenda 1 Old Business I New Business Public Hearing Other SUBJECT: Approval of Commercial Facade Improvement Grant application from JFT of the Palm Beaches, Inc. d/b /a Rustic Retreat. SUMMARY: JFT of the Palm Beaches, Inc. d/b /a Rustic Retreat, as the owner of the property located at 1 120 North Federal Highway, Boynton Beach, FL, has submitted an application for the CRA's Commercial Facade Improvement Grant Program. Eligible items under grant program guidelines include exterior painting and structural repairs, awnings, signage, lighting, paving and landscaping. The applicant is proposing a scope of work that includes painting, front awning, landscaping, repairs to front fence and resealing of parking lot. The Commercial Facade Improvement program reimburses 50% of the applicant's expenditures for the eligible improvements up to a maximum grant total of $15,000.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: Project Fund line item: 02 -58400 -440 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application up to $15,000.00 to JFT of the Palm Beaches, Inc. d/b /a Rustic Retreat for program eligible items for the property located at 1120 North Federal Highway, Boynton Beach, FL. Vivian Brooks Executive Director Type of Business 6. _ Years of Operation ' /— �� -- Number of Employees. Annual I / (11- Payroll Number of Employees residing in Boynton Beach List of improvements proposed A A177 kws 1 (36 7 11. 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 (CRA). 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 facade 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 Initials Page 2 of 6 710 North Federal Highway Boynton Beach, Ft, 33435 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 facade grant application. 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible facade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds. 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 Facade Grant program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five (5) years from previous grant approval. 7. The property owner, or tenant if applicable, must complete the facade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the facade 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. Disbursement of grant funds shall only occur if the following conditions are met: 1. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City of Boynton Beach Building Department (if applicable). 2. CRA has received copies of final "paid in full" vendor /contractor invoices along with a letter from each vendor /contractor stating that all invoices for the project have been paid in full and there are no outstanding monies owed for the project. 3. CRA has received copies of final inspection approvals for all permit required work. 4. Entire scope of work for eligible items is completed. 5. Applicant provides "After" photos. III. APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 710 North Federal Initial Page 3 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 Highway, Boynton Beach F t 3343h, phone 56 737 3256 or download the applical r from 2 An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board Applications will be considered on a first - come, first served basis Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA 3 CRA staff will present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. Applicant is requested to attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application CRA staff will notify the applicant of grant approval or denial 4 The CRA will administer the Commercial Facade Improvement program and funding In addition to the appropriate City of Boynton Beach 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. Application to this Program is not a guarantee of funding Funding is at the sole discretion of the CRA Board IV. REQUIRED PROJECT INFORMATION & DOCUMENTATION Written description of the improvements to be done to the property along with the following items: 1. Copy of Warranty Deed 2. Copy of Lease 3 Project work write -up(s) describing in detail the scope of the project, 4. Plans or sketches if applicable, 5. Site plan and plant list for landscape projects, 6. Third -party cost estimates from three (3) licensed contractors, 7. Estimated time line, 8 Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), 9 A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views ", 10. Signage design with colors & materials proposed if applicable, 11. Project color chips / material samples if applicable, and material specifications initials i Page 4 of 6 714 North Federal Highway Boynton Beach, FL 33435 Applicable documents mus 3 attached for the Application to be xcessed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. SUBMITTING AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Facade Grant Program Agreement, including Program and Reimbursement Regulations. A/ )9i 1 �� — ) it ess (Date ( / Owner ( a te) Witness (Date) Property Owner (Date) (Property owner's signature must be notarized) STATE OF FLORIDA_ COUNTY OF d „ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared e CAk/ , who is� personally know to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 1 day o f d�J� -� �u-L� , 201L. NOTARY PUBLIC / l.L tcv'" My Commission Expir-s: C i /� j/ / c� 0 / � t NICHOLE BUEHLER / NOTARY PUBLIC ", STATE OF FLORIDA Comm# EE129230 le Expires 9/11/2015 Page 5 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 (Tenant/Business owners signature must be notanzed) , /I-4-P — 7 74--e/ Ii- : ''t ess (Date) ( Owner (Date) Witness (Date) Tenant/Business Owner (Date) STATE OF FLPA c -- 7 COU N • e mr_.,►j►i 0._6k. _ BEFORE ME, an officer duly author ed by la administer oaths and take acknowledgements, _____ `_ personally appeared �i f 1/ 1 / J , who is ersonally known to me) or produced as Identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument Is his /her act and deed IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this r day of 1 ire/ , 0 )I NOTARY PUBLIC 'i ii NICHOLE BUEHLER _ NOTARY PUBLIC F ` STATF OF FLORIDA My Commission Expires. ` it . 0 = , .�= ,�, : • • Comm# EE129230 ' Expires 9/11/2015 Page 6 of 6 710 North Federal Highway Boynton Beach, FL 33435 ' Y M ;T _.� .10440"A•- 0 1 Air • t ~7 A 1 :.+ ._ .�. �' -trt , a7 to _� t • Address aty TAA—A L qb "mss Aii2 g , 1� J a s ' !KAM . t Out 11111 &WO 111111PM4 w in ammi=wirc. atrinwniuminammt.. iffinzmwmormourmaiarzal inaluitmarom, I RIP IrM.1111MM:na 111=11 Mr,itiferSITAIEMMINI11116191Mair01771111 (ARMS OF SAM NW 'trill P ra . ) NOTICE IT IS O+IPORPANT TA' YOU THORDUGl3LY READ REPOSE SIGHING. Fat aad is aomr'd tsti® of the adeasaa t of Eledit by II ears Pat & Pt.4oe, tee, to dee above auroral pardons. ttre ,archon: ad tewlodces tree epee tilt tbers All b. added to taps =mat .vrr pr) dos apd s Somas abuse an, pa mos& as *Ma w.oeaat3 ..pate bateryee, Ibriumassdgaed that aeon tt * &mid t1 Firmer as t.iscd ant to aa &honey for arlieralaa, to pip all cotta at . plw a ittrmr* tgot+teyre iee. Are -__ Ma ~PM lamb MUST b. +aoaapanked by Ms M. , rA - __ aa+ry 344670 - -- Thank You MD= FOR EaJS1NE n.e c vwettwcc VS (a \T CLQ P-OW4Cli\ OULCk 30 rf) 0A6 A;4 e0 \S- --)L7t119 - v,Q C PW; -------- 42 ' (7 (90 ba06), \mit 'tAY.\5 4gTeaPYl, Wc \C '?& 6 nip VC -- VIZUOCti\vWA ,. ct \6' Ocw foot artrot Dyki Ylikcytuatvokk--ocrawalekh 11/18/2011 11:44 5614960804 GRAYSORNAMENTALS PAGE 01 NO(3-1, 2357 FROM; 1' lvt' ' .0 . %. 14 r e - ---I ' ( 4 . . ...............-.--.....---......- .,-...-- ----'..-r''"--'"----A. - . --"-"-----"-------'-- ' .... 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Lvmafnr aa ' 1- 737 -5$87 Mill ..'NAME 112e North Federal newsy CITY, STATE zaR CODE * • LOCATION Boynton &seh Fl. 33462 Entrance • fiiik;41 it of ' I• UV . , , - ., IOW *.• • to 4 veers IIM 10" Wave Natural NA c oui va}.•a scAL..Lor BINbtIVG COLOR Arr�trgvE NBR APPUQUC NBR %aa I. imps sTANDAk x ' .mcnONS OPE COLOR r ANT MAME norm color Option Fabricate and install One cover over existing frame approx 6' x 4' prof with a 2'5" rase Cover shall be fabricated of Vinyl # and have R -F welded seams where possible Material and fabric have a 5 year manufactures warranty Plus cost of permit if needed Option Painting of frame $172.00 + $11.00 tax = $183.00 Add to total Cost Note, Tho awning is a fabric cover over steel frame. Although every effort wFil be made to eliminate wrinkles A is virtually Impossible to have an awning wrir*ie4fiss. We Propose HEREBY TO FURNISH MATERIAL AND LABOR AS DESCRIBED ABOVE. PRIG $500.1 Frain. & Covers one of both TAX $34.00 50% Deposit PERMIT 5% due Capon frame completion TOTAL $594.00 25% due upon cover installation DEPOSIT Cover only SAL, DUE 5o% Deposit $297.00 Jam fRidiaai 50% due upon cover installation (AUTHORIZED SIGNATURE) TtunRickard Ceti 561-633 -2738 • (Ahem Awn' Inc. may Withdrew this twat if not ACoe led within 30 days. ' CCa ptenc d 01' PlpptfSrdl above prom specifications acid canaitims on the reverse sidQ of hereof are SIGNATURE DATE OF ACCEPTANCE 4tisfactory and are hereby armed You are authorized to do the work specified elIMONINI - :1 - Writ be Made as outlined above Please return signed original upon acceptance 1 1 i i _..i NJ , j 1.-‘41 1 l'i:\.\\*. ,S 4 ,.. 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N A 1 0 r, • °' u 0 4 ii41:91 $ r N O i+ U 14 w 0 _ ' 1 j C .--1 a ° � ° w o % a o 1.1 • 0 .4, 1 L 41 C ° 0 • .i 0 d 1'� . - a wi rl 4-1 d 0 R. 1 J A to `D N } 7 � •-i •••J 41 V .4 0 .1 a l l o x N G r °� m q ( V J.) 1! .-I 00 04.1 g d in •.-1 - - •r4 43)1 0 '44 •".+ 14 ..41 1 i ili 1+ i+ 41 s+ i J+ E Y) m W 2 A+� N Awt 06 N b ++ Qt t7 �■ W Vl k+ z00 d 0) Cd v CO :F.. O O O W N d �o 1. I. 1 V / i!illi Iiiiiirla ,ERWIi WILLIAMS.. .. SHERWIN - WILLIAMS 970 SE 6TH AVE DELRAY BEACH, FL 33483 (561) 278 -2365 08/16/2011 Quote #: 706690 RUSTIC RETREAT 1120 N FEDERAL HWY BOYNTON BEACH FL 334353229 Re: Price Quote for RUSTIC RETREAT Dear June Trach: Thank you for considering Sherwin- Williams products for the RUSTIC RETREAT project. Included is the Sherwin - Williams price dote. Should you require assistance or have any questions or concerns, please contact me at 561 - 876 -6437 or e -mail me at swrep7855 @sherwin.com. Sincerely, Ryan A Pessagno Sherwin- Williams Sales Representative SHERWIN PRICE QUOTATION WILLIAMS, Account #. 6742 - 9449 -1 08/16/2011 Quote #• 706690 RUSTIC RETREAT 1120 N FEDERAL HWY BOYNTON BEACH, FL 334353229 (561) 737 -5887 I Project: RUSTIC RETREAT Purchase Type: Annual Requirements We are pleased to quote you as follows: SALES SIZE PRODUCT /REX DESCRIPTION QTY PRICE EXT NUMBER NUMBER PRICE 6403 -89185 5 GAL A82W00151 A -100® Exterior Latex Satin Extra White 25 $18 91 $472 75 Note. Body Walls 6403 - 891851 5 GAL 1 A82W00151 1 A- 1008 Exterar Latex Satin Extra White 1 5 I $18 91 1 $94 55 Note Exterior Wood Ceilings 6403 - 891691 5 GAL I A06W00151 1%-1008 Exterior Latex Rat Extra WhiterTnt Base I 20 1 $17 89 1 $357 80 Note Fences 1TOTAL PRICE '$92510 We thank you for your consideration of Sherwin - Williams products and look forward to supplying these products to you F H PRICE QUOTATION kt WWILL A S Notes: A -100 Price Quote TERMS OF THE SALE By: Ryan A Pessagno Quotation Expires: 11/14/2011 Store Address: 970 SE 6TH AVE F.O.B. Location: City: DELRAY BEACH Slate: FL Zip; 33483 Freight Terms: Store Number: 2010 Terms: As Agreed Phone: (561) 278 -2365 Territory #: 7855 NOTICE: Please take notice that the quotation set forth above is not a contract and is subject to and conditioned upon approval by SHERWIN - WILLIAMS. In the event such approval is not obtained, you will be provided with a revised quotation and the quotation set forth above shall be null, void and of no force or effect. The pricing and recommendations detailed in this proposal represent confidential information provided by SHERWIN - WILLIAMS We request that it not to be copied or shared with others outside your firm. I v a l immiim 1 ,---..... ---- i\) i 1v( i fly... s. 1111 White 101 Eggshell 102 Sand 103 Tan 104 Blue 105 Bay Blue 106 Navy 107 Green 108 Hunter Green 109 Jade 111 Teal 112 Dark Teal 113 Turquoise 114 Burgundy 115 Plum 116 1 11 111 111 Yellow 117 Gray 118 Black 120 Brown 121 Cinnamon 122 Red 123 Forest Green 110 I Al S = a 4. MOM SAN MSOW MN R, MOD ■ • r '' ''' REtRCa . [ REMEITE= _ " 1 � 1 k' I ,, i _ AA . / � 7 . fi t, ., ey , ' ,,- / 7 , �� __� it. . 1 41111k - . • r._ +... - - -B aFO K_ - Q.'. PHo T 3 0 r pii )6 E__4,`7' . i .. •.. 1 P . 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BOYNTON =BE CRA BOARD MEETING OF: December 13, 2011 X I Consent Agenda I 1 Old Business 1 1 New Business 1 Public Hearing 1 1 Other SUBJECT: Approval of Commercial Facade Improvement Grant application from Cafe Barista, Inc. d/b /a Hurricane Alley SUMMARY: Cafe Barista, Inc. d/b /a Hurricane Alley, as the tenant of the property located at 529 East Ocean Avenue, Boynton Beach, FL, has submitted an application for the CRA's Commercial Facade Improvement Grant Program. Eligible items under grant program guidelines include exterior painting and structural repairs, awnings, signage, lighting, paving and landscaping. The applicant is proposing a scope of work that includes landscaping (plants & planters), railing and extension /replacement of front awning. The Commercial Facade Improvement program reimburses 50% of the applicant's expenditures for the eligible improvements up to a maximum grant total of $15,000.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: Project Fund line item: 02 -58400 -440 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application up to $15,000.00 to Cafe Barista, Inc. d/b /a Hurricane Alley for program eligible items for the property located at 529 East Ocean Avenue, Boynton Beach, FL. z - ------ Vivian Brooks Executive Director 2011/2012 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000 (Please Print or Type Only - Use Additional Sheets If Necessary) I. APPLICANT INFORMATION Name of Property // Owner: 5W (eC�N (� ech e1 Address of Property Owner: 5 (( e. oceamm Aqc - - Cit /State: - & - x ,- 15"1 Zip Code: 3;,i -(3 5 Phone # Day: ` -- `1`3 930-3 Evening: poi --3'7 Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable) ! 7 1 eL `-D PP &ok / , 1 1)11 - 4- - & - Name of Tenant if Different from T- l on ke a Property Owner Name of Business: e c. rr 1 C a-cif I-71 I & Address of Business: 2 1 6, (Jac l City /State: a yrV T _ G, � Zip Code: 33 7 5 Phone # Day £ ( 1''1 cd CS Evening: SO 1 7 7 _ 3 ‘ Initials Page 1 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 - -3256 Fax 561- 737 -3258 Type of Business: t Years of Operation: / S //Z s Number of Employees: -2 Annual Payroll: 0 / 0770 Number of Employees residing in Boynton Beach: r� List of improvements proposed: (eh" f pc, i ) 6/ t fer+7J, � 6 u 5 1ete, ra.r / /,v9 p fete, / c � /a_„ At S lA CA Ali, S`/ €n.fcfoSGO 7/v Otcw cdot 1I. PROGRAM GUIDELINES �,.,,� D ed 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 (CRA). 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 facade improvements • Exterior doors /windows • Landscaping around the building • Irrigation • Parking tot 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 Initia Page 2 of 6: 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 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 facade grant application 5 Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible facade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds, 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 Facade Grant program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five (5) years from previous grant approval. 7. The property owner, or tenant if applicable, must complete the facade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the facade 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. Disbursement of grant funds shall only occur if the following conditions are met: 1. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City of Boynton Beach Building Department (if applicable). 2 CRA has received copies of final "paid in full" vendor /contractor invoices along with a letter from each vendor /contractor stating that all invoices for the project have been paid in full and there are no outstanding monies owed for the project. 3. CRA has received copies of final inspection approvals for all permit required work. 4. Entire scope of work for eligible items is completed. 5. Applicant provides "After" photos III. APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 710 North Federal initials Page 3 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 Highway, Boynton Beach, FL 33435, phone 561 - 737 -3256 or download the application from 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first -come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. CRA staff will present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. Applicant is requested to attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of grant approval or denial. 4. The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City of Boynton Beach 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. Application to this Program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. IV. REQUIRED PROJECT INFORMATION & DOCUMENTATION Written description of the improvements to be done to the property along with the following items: 1. Copy of Warranty Deed 2. Copy of Lease 3. Project work write -up(s) describing in detail the scope of the project, 4. Plans or sketches if applicable, 5. Site plan and plant list for landscape projects, 6. Third -party cost estimates from three (3) licensed contractors, 7. Estimated time line, 8. Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), 9. A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views ", 10. Signage design with colors & materials proposed if applicable, 11. Project color chips / material samples if applicable, and material specifications. In' 4111% Page 4 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 ( Tenant/Business owner's signature must be notarized) T nt/ Date Wit ss (Date) ena Bu ness Owner '"C ) Witness (Date) Tenant/Business Owner (Date) STATE OF FLORIDA COUNTY OF - " t , , i 1% c BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared i ; [ , I 1 who is personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this j " /- , day of , , _ 20 4 / NOTARY PUBLIC � �,, . - / My Commission Expires ,' r -- NIERYI ` t NOTARY PUBLIC STATE OF FLORIDA • • Comm* EEO75471 ExPMes 4 /19/2015 Page 6 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561 -737 -3258 Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. SUBMITTING AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Facade Grant Program Agreement, including Prograrn and Reimbursement Regulations. / ' --(---( 1 1 . 2 1.if '''' —; ,/,, ..- i ce , , ow , ltn , (Date) ro • �±O " -' i. ate) �: ,_ ( ( t I Witness (Date) Property Owner (Date) (Property owner's signature must be notarized) STATE OF FLORIDA COUNTY OF tt n"\ bea ( h BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared kkC4 04 `1 C - C, -t- , u i , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this fi � S day of N � � 1 i; y c ! E il\ fi , 20 j 1 . .Y NOTARY PUBLIC i � / My Commission Expires) / c ! / 2-W / ) 1 ...N„vi JEANNETTE MOM _ ` 4 Notary Public - Rote of Florida 1 4 3%.'4 .f •d My Comm. Eixoira Mar 27, 2015 r Commlaion 0 EE 7 Page 5 of 6 I rlo_OM *OW Wary Ataa, 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 .),-; ,, ,-, '' ,:,-, , .; v •;,',', , ' e ' , ,,' z . ' ',' ; i &‘ i - i ,:. , i tr i l'. - ._, I- i 1 ' $ ?^ ■-■ 1 (r - i 5) . ,.. H 1\i ( i) (2 \/ t: 4 _ - ) C i , A/A4 . , V . , =17 ------ - --r- - 1 (( c• - \ - ' , c„ .. ,- ,-, -, I ) , , _ - ;-; ,,,;_-_,,,-,..-1 1 (F,-; 4 1 0 - .: ■ - - :' 4 i . +I 4 11 V' ) riy' -... Id r - ;', 1 n - --, --- ,,- \ 1 , , A ' 1 ' ' II 1 yi' ,......„- ■ ,,. 1 - ` --_,) ' . ,.... ' ,:.: I , MR." 41 to mom I 1 citilrl , , 4 . ,.-,- , :s.,- . „ 5 -. 4 ._ . {111 W"..." Ilet— C) 7 s „, ). ,...„.‘„ } r • (14 ? -(). ....: (.--9 --- , -. ; : F P_ ,, •)4 . is E CT) I = PSI Pi - - 1.) ) .., (4., (.4 , _..., ,...t. 1 ,,: ti „ ..,_ __,___k_ r r, 1 -- „- ' 4 „-"\ , 4 ,, ---- ---- F , ..,, - ; - --3 -.)_) • ' 1- --- 4 u . _Hi _ --- •P „Z '1, ' ' ...,T-, ill Shopping Cart Page 1 of 2 )6-6d0,t/rx 7 e,e Shopping Cart Remove Product Name Move to t Wishlist (`) C j Enter your coupon code if you have one Enter your destination to get a shipping esti: United States Please select region, state or provinc 1 - +..• / /ron1�n1mfrs*wc n " m rea lm _traP_ctnrp /t'}i It /eat?/ 12/1/2011 \i eea Palm r'a`t_ fib 1terif' Fai 1v )t` o)k S e<ra -ern ''ec S Areca Palm Tree Medium Real Palm Trees) Areca Palm Tree Medium anon„ iv , °Ir $149 95 c= c save r' 9139 95 e - r save 13° 9129 95 , r Savr 19`, Quick Overview Product Includes Premium Grade Palrr : ree Welcome Care Kg nstruovons IncIuden am Tree Szr lease Seler Double click on above image to view full oiclurt MORE VIEWS Most people will agree, the Areca Palm Tree (Chrysandocarpus Lutescens) is a great palm tree for indoors But, they also have multiple uses for outdoor applications One such example is using the areca palm as a natural privacy wall or privacy fence The Areca Palm tree is from the islands of Madagascar Ins areca palm shares similar traits as the bamboo palm they have a high tendency to clump next to each other and grow upwards fairly fast The leaves of the Areca Palm arch gracefully with deep green to yellowish green colors The Areca Palm loves any type of soil but must have good drainage The areca palm is also great for the pool area, patio, or even a Zen garden oasis Very low and easy maintenance needed for the areca palm The areca doesn't require a lot oa watering but can be impacted with over watering Although the areca palm requires little watering 1 can't be susceptible to long drought penods The Areca Palm tree makes a wonderful edition to your home or office SKI.; ■i 21 - 0 meawr =0,050 nary tr Palm Tree Size 4ieomy Palm Tree Attributes r upu topical Paemate 5 - eathe r eaves Palm Tree Name Dyes, wtescen_ Palm Tree Common Names Areca Palm Butterfly Palm Sane Palm Maoaoascar Pair Golden 5 eatne rPc rr Palm Bamboo Palm Palm Tree Botanical Name 15051 lutescen Palm Tree Country of Ongrn Madagascar islan Indoor /Outdoor Use r door a Cr tuo5' Palm 1 ree Maintenance ,, v to Mode a r Palm Tree Can Be Potted 5 Palm Tree Growth Rate ` o. '5 MO(terP'P Average Max Height (Mature) Palm Tree Radius Spacing (Mature) c ' Palm Tree Sun Exposure ` "uoe ett 0 alm Tree Fiowe■ Areca Palm Tree, Butterfly Palm, Dypsis lutescens Page 2 of 2 Palm Tree Fruit No Cold Toleration Zone 9a (20 to 25 F), Zone 9b (25 to 30 F), Zone 10a (30 to 35 F), Zone 10b (35 to 40 F) Zone 11 (above 40 F) Proauct Tags Other people marked this product with these tags See(1) indoor piarts(1) indoo pa, treos(1) Add Your Tags Add Tags Use spaces to separate tags Use single quotes () for phrases Latest Palm Blogs Palm Tree Store Customer Service Palm Tree Database Palm Tree Help UOStICk Fa ^ _ /rto tacnys _arge Paim Trees . Astore S. . rU` Palm Blog Pam - ree Go renda Medium Pam Trees Sh omnG ncoo Outdoo■ Palms Neap o Prim ree° a Areca Pa - Dypsts Small Parr Tree= Poi ∎cie easy Pawn Canng Trees Cycads lutescens Ram Seeos ,ontac 3 Rae and Exotic Pair Tees Pa Tree ''cam Inc Rea, est Wndml - awr Parr See^_ Packs= Abcnn - m K towledge Base Palm Tree Des,ns Trachycarus fortune Ge-mnate^ Pal" Seca Palm T rees amo Gaioe Bismarck Palm 91smarck Pe m `ree Pa'^ Nugoe nObtlrS Pam Trees an' ca.- Se2 Kenba Pain m ov ee Free ' nc forstenann 1294 2C Reap P1Y r s T' e -aIn 1 Stc e Yor • Oi Ime Stere irce to ra ,. kigh ea Pa 12Trees am — he °a r Tree Stare Icoc - - �stereo ade ' tr Rese yea R re 5 mbs t =aid Hater ialcoata!ned berer —ay no oc mar e 0503 red eo ttea a e_ ir A Quality Plant - Queen Palm Svag1 roman /otl - tangy. ;iv, Palms Queen Palm FG 12-20 Ft Queen Palm FG 12 -20 Ft �--� ` i 12 $96 00 13 $104 00 14 $112 00 Origin: Growth Rate: 15 $120 00 Southern Brazil to Fast , Argentina 16 $128 00 USDA Hardiness Zone: Salt Tolerance: 9a, 9b, 10a, 10b, 11 Moderate 1 7 $136 0 Typical Height: Drought Tolerance: - r 16 $144 00 40 Moderate i a p ' ' ' ' -` •, Light Requirements: '`' ° ` �' ,: 19 $152 00 Moderate, High d •: ',t,f .,` 20 $16000 . it 1 S + a ay '' t f Y6.t '''' x °^'": ■. r �_u Usemame r' 4 i f - r : r ; L ; + Password r 4 x i /r` +t- r a _� .: p - : , rr r n �4 !♦ 3, >� .., i. t Shop alien + roth Large Concrete Finish Planter at Lowes.com Page 1 of 2 alien + roth Large Concrete Finish Planter R #` Item # 357713' Model # CL,0026 046 1 Be the first to F $89.97 Large Concrete Finish Planter • Planter • Eco fnendly Affiliated Websites Company Info Customer Care Services httn• / Axnxnu !nw a rnm/ wphann/ wrc/ ctnrec/ cervlet /Prndnctnisnlav ?langid = -] &store1d= 101 __. 12/1/2011 2 in, Ella Black (all Planter-0508210210 al 1 he Home Depot a) FREE SHIPPING 4 FREE IN STORE PICK LIP t Store Finder For Pros Get It Installed Tool Rental ere( rvlure durn9, Horne Decorators Collection 27 Black Tali Plante( ■Ar• „ -f■A :*- (8) Write a Review $99.00 /EA-Each Description Specifications _.Y -- wilip-iitt .. . N a :.! \ .Y - r � 4 t ir t y _ • - O k . t - �y� O :, , all __ .r... y .tip;, FN. s - . i r ---- -1.4' ANIrMkiiik - t "'.IIM ` x Ili t .9F"' s r o f tit° _ r. •' _ s 4* 4` ', - «' t ` °i� co ■ ' E'''iEi._ at4C30 ` IND11 E lFIL.."►_IL_ . r PERMIT NEEDED Fence Proposal/Contract DATE WRITTEN UP: O YES El NO 555 WEST OCEAN AVE. BOYNTONBEACH, FL. 33426 READY DATE: WHERE PHONE# (561) 736 -5694 FAX# (561) 736 -3815 SaperiorfenceandraiL com JOB ADDRESS BILLING ADDRESS NAME: NAME: . SUBDIVISION: CONTACT: ADDRESS: • ADDRESS: CITY: CITY: PHONE# - PHONE# FAX# ALT# r71 'ALUM El P.V.0 E WOOD CHAIN LINK 41, TYPE COLOR HEIGHT - FOOTAGE GATES SELF - CLOSING 1 TERM. POST IN GROUND !rl CORE DRILL. I FLOOR. FLANGE. 4 1 WALL MOUNT. 1 1 NOTES :OST OF FENCE 'ERMIT FEE: $ 'OTAL:$ D% DEPOSIT L tLANCE DUE UPON COMPLETION: $ E -1 cepteb: THE ABOVE PRICES, SPECIFICATIONS AND INDITIONS ARE SATISFACTORY AND HEREBY 'CEPTED. YOU ARE AUTHORIZED TO DO THE )RK AS SPECIFIED. PAYMENT WILL BE MADE AS TLINED. TE: ;TOMER NATURE: ,ESPERSON VATURE: Aluminum Concepts Sales Inc. Square Deal Fence & Gate 8111 Garden Road Suite I PROPOSAL Riviera Beach, Florida 33404 �� I Phone: 561 -840 -1057 Email: alucon@bellsouth.net 11 111111 11 Submitted To: Hurricane Alley Raw Bar & Restaurant Phone Fax 529 East Ocean Ave. Wok 561 -361 --4008 Celt Boynton Beach, Florida 33435 ( 1 Job Name I Sidewalk Railings Attention: Kim Email Address I We hereby submit estimates to furnish tools, labor and materials for the installation of 61 running feet of 36 inch high welded aluminum railing with a black powder coat finish including four 3 inch square end posts with ball caps. Building permit is not included and will be additional at its face value plus a $ 100.00 administrative fee. This is a core drilled installation. Railing is to be installed no less than 48 inches from the inside edge of the existing curb. Shop drawings will be submitted for customer approval before fabrication begins. Cash Price $ 2,982.00 Terms of payment 50 % deposit and the balance due upon installation. Any alterations from the above specifications involving extra costs will be executed upon written orders and will become an extra charge. Buyer is responsible for clearing the fence line, repairs to private underground uldities and the replacement of floor covering (pavers, tiles, etc.) damaged during installation. Buyer will waterproof roofs, ceilings, balconies, etc. upon the completion of our product installation. Buyer takes responsibility for their Home Owners Association's approvals and requirements. This proposal is subject to acceptance within 30 days and is void W not approved by Matthew Barteluce (President A.C.S.I.) Representative: Matthew Barteluce Date 11116/11 Approved By Date (Matthew Barteluce PresidentA.C.S.I.) Acceptance of Proposal: This proposal is subject to acceptance within 30 days. The above prices, specifications and conditions are hereby accepted. Aluminum Concepts is authorized to do the wor as specified. Payment will be made as authorized above. Should an action be brought to collect any balances past due, UWe agree to pay all collection costs and attomey's fees. We also agree that if partial or no payments are made within the terms specified above, that Aluminum Concepts Sales Inc has the right to charge and Ii le will pay a finance charge computed monthly at a rate of 1 -1/2 % or 18% annually on the past due balance. Further, the undersigned agrees that venue shall be in the courts of Palm Beath County Florida IrWe hereby waive the right to trial by jury. Further, Uwe agree that a facsimile copy of this agreement with facsimile signatures may be treated as an original and will be admissible as evidence in a court of law. This proposal becomes a contract upon signature. tccepted: Buyer signature X Date - �� Gregory Bows. y Construction Services, a C . �! 710 HE 7th Street Estimate Unit 307 Boynton Beach, FL 33435 DATE ESTIMATE (561 ) 779 -7447 11/2812011 BILL TO Hurricane Alley 529 East Ocean Ave Boynton Beach, FL 33435 United States ITEM DESCRIPTION OTY RATE TAX AMOUNT Labor/Materials Install Sidewalk Fence per Pnnt Supplied 1 2,595.00 2 595.00 s s f � _ / Subtotal . _ , - - ,- 2x595.00 i i ' . 1' 6 L' �/� 7 �� 7� l7 o 00% Tax 0 00 * ) Total 2,595.00 I A j f \ I 41•1. \ k I 4'>---- \\, JO 0.i 111P : ,---.,g-z-< ; . • I 1 ` j Z. 1 , i t 1 ► 0 \1, is ' 4. , 1 1 . \ e ■ 4. ; , \ 1, i ....„ ,....a \ \\..__ , , , .... _1, \o---- „ ,.., \, : ,..„ 2. .4.4 \ „ , ......... 4 ,-----; 006.. . , 1 - . , ; .,............. 1 1 , 1 .. 1 ',. ::,... \\ \\:"...""."'"" \ ''‘..1. 1 , \ t if .-of \\ • \ \. 514 Lime Green 510 Dark Green 562 Emerald 531 Prussian Teal 539 Bay Diu( #858514 #85851( 4 #8585 ”'s58514 IF/A 503 Royal Blue 518 Dusky Blue 536 Cobalt Blue 535 Scarlet Red ci 527 Burgundy #858503 1R58R18 #85853r #85853 )1( x85857 1111/ 1111 III I. 563 Plum 529 Bright Red 592 Brick 426 Terra Cotta 516 Brown #858563 #8585 • #558 ',e2 , R5852t - kSR ;r, , f 525 English Brown 508 Black TOP UNDERSIDE #858525 #858508 Patio500 Duplex Patterns Solid topside with complementing solid color underside 586 Emerald Designer White TOP UNDERSIDE #858586 111111 111111 582 Terra Cotta Eggshell 521 English Brown Beige #858582 #858521 581 Cobalt Eggshell 580 Emerald Eggshell #858581 #858580 111111 , l 584 Burgundy Eggshell 585 Black 1 ggshell R QRARaa #858585 Premier Awnings of Palm Beach, Inc. , � Purchase Order — 22 Nov - 11 Established - • Since 1986 gtrver: Hurricane Alley Seller Michael Green, Owner& Operator Address: 529 East Ocean Ave. Premier Awnings of Palm Beach, Inc. Address: 2082 Cezanne Road city. State; Boynton Beach, Florida _ W. Palm Beach, Florida 33409 Kim: 364 - 4008 Fan/ Email: Phone & Fax: 732 -2444, 242 -2445 nrrbeprernkrrawnfngs com 10-15 Business Days Completed Terms and Condliions of Sale: Partial aavment listed below *vaulted to purchase buyers custom cut fabric and awninv Darts. Balance Due at Insadiatlon. *ALL Schedule 40 Galvanized Frames *ALL Joints WeIdid primed & painigd 49'6" x 8'6 " -4`6" To Front of Existin ! to Follow Side Walk & Street • • • • • Color Name & Number Your Choice Retail Price $8,000.00 Valance Style Wrap to Match Existing Promo 41,405.00 Deco Lettering if desired @ Cost Binding/ Trim Color Wrap to Match Existing Width & Projection 49'6 "x 8'6 "-4'6" Installation Standard Professional Notes: New Frame & Faewic kont Existirw installation $399 Each (� $39 Industrial Grade Schedule 40 Galvanized Steel Subtotal 5 g 1 '# $6,994 All Joints are Welded and Solid in Nature (not spot welded), Ground 6% tax $419.64 waived Smooth and Zinc Primed, then Finished with Professional Grade Total $6,9$4,00 "Metal -to- Metal" Enamel to Maximum Prnteclion & Life 50% Deposit &R Acceptance $3,497.00 Due Q Install S!I3 ,...1. _. ._uf • .11111. ^: if i' ; .:1-9 An Vii_ �1�' �1'. e i •( y� 1 1 ' 1! _ • LA . L1 h/ ) ( - / x Buy • proval / Date Michael J. Green, Owner/ Operator Date 1stTU Est Dap OF CBpd Bat 2ndTU Care War Premier Awnings of Palm Beach, Inc. Purchase Order I 28- Nov -1t Established Since 1986 Buyer: Hurricane Ailey l Michael Green, owner& Operator Address: 529 East Ocean Ave. Premier Awnings of Palm Beach, Inc, Address: 2082 Cezanne Road City, State: Boynton Beach, Florida W. Palm Beach, Florida 33 Kim: 364.4008 Fax/ Email: I Pha�ne b Fax: 732-2444, 242 -2445 nalre@premierawnThgs.com 10-15 Business Days Completed I Terms and Conditions of Sale: Partial payment listed below moulted** purchase buyers custom cut fabric and awning narts. Balance Due at installation. ALL Schedule 40 Galvanized Frames ALL Joints Welded Primed & Painted Recover Existin ! 49'6" x 6' & Add 3 Dro • Shades to Front of New • Color Name & Number Your Choice New Recover Existing $2,599.00 Valance Style Wrap to Match Existing 13) New Drop Shades $3,390.00 Deco Lettering if desired Cost Binding/ Trim Color Wrap to Match Existing Width & Projection 49'6 "x 6',12)17' & 15' drops - Installation Standard Professional Notes: Recover Frame & Add (31 Drool Installation $399 Each - $0.00 All Included industrial Grade Schedule 40 Galvanized steer - - - Subtotal - $5,989.00 - { All Joints are Welded and Solid in Nature (not spot welded), Ground 6% tax $359.34 waived Smooth and Zinc Primed, then Finished with Professional Grade Total 65,989.00 "Metal -to- Metal" Enamel to Maximum Protection & Life so% neaasit fit Acceptance _ $2 Due a install! R : _21,1=2J , ' ^_tom • 1 • C __ _ .. - I • • .• _ ;•. 'c: • _ i _l rt •_!_ - i•_z• lar 41 " 8u ppro : l Date Michael J. 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Ir - s.■40gr .,.......— -..., ...., , , .. -,, ge w,,, + 11113&_,Ior ■ . **.ipir oft/ '••"- .! - ' • lir. . - •■••-"-'?4„,e.tif.,,,i I• .. 4** 44 '- . . . ..t ''4 ,_ .. . . . , YNTO N Bo =BEACH CRA BOARD MEETING OF: December 13, 2011 I X Consent Agenda I I Old Business I I New Business I I Legal I I Executive Director's Report SUBJECT: Approval of Resolution R 11 -06 for Additional Three Year Term for IT Services with City of Boynton Beach SUMMARY: • On February 28, 2006 Interlocal Agreement for Technical Support, R06 -053 was approved between the CRA and the City (see attached). • Initial Term: Three (3) years from 2/1/06 through 1/31/09 • Renewals: Two three (3) year terms • The City and CRA are desirous of renewing ILA R06 -053 for an additional three year period. • The City approved extending the ILA at the December 6, 2011 meeting, Resolution R11 -134 (see attached) • Second Renewal Term: 2/1/2012 through 1/31/2015 • Renewal Payment: Year 7: $21,493; Year 8: $22,138; Year 9: $22,802 (see attached schedule) FISCAL IMPACT: Budgeted in FY 2011 -2012 — General Fund 01 -51650 -210 - $22,000 CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS /OPTIONS: Approve Resolution R11 -06 for the Extension of the ILA for Technical Support from the City's IT Department C 3:(-)° Susan Harris, Finance Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \December 2011\ IT Services Renewal - R 11 -06 doc RESOLUTION NO. 1 1-06 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE SECOND EXTENSION OF THE INTERLOCAL AGREEMENT FOR TECHNICAL SERVICES BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON BEACH FOR AN ADDITIONAL THREE (3) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Boynton Beach Community Redevelopment Agency (CRA) and the City of Boynton Beach entered into an Interlocal Agreement for Technical Support on February 28. 2006 for an initial term from February 1, 2006 through January 31, 2009; and WHEREAS, pursuant to the paragraph 3 of the Agreement entitled "Term" the CRA was granted the right to renew the Agreement for two (2) additional three (3) year terms; and WHEREAS, the CRA Board has approved at the March 10, 2009 meeting an initial extension of the Interlocal Agreement, via Resolution R09 -01 covering the period of February 1, 2009 through January 31. 2012; WHEREAS, the CRA desires to extend the Interlocal Agreement for a second term of three (3) years from February 1. 2012 through January 31, 2015 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. The CRA Board approves the second extension of the February 28, 2006 Interlocal Agreement for technical support for a three (3) year term from February 1, 2012 through January 31, 2015. CRA payments to the City of Boynton Beach for technical support during the three (3) year term shall be as follows: Year 7 2/1/12 - 1/31/13 $21,493 Year 8 2/1/13 - 1/31/14 $22,137 Year 9 2/1/14 - 1/31/15 $22,802 SECTION 3. A copy of this Resolution shall be affixed to the original Agreement on file with the City Clerk and shall serve as a second addendum to the original agreement. SECTION 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS 13TH DAY OF DECEMBER, 2011. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Jose Rodriguez Chairperson Approved as to form: James Cherof CRA Attorney CITY CLERK'S OFFICE MEMORANDUM TO: Lisa Bright Executive Director of CRA FROM: Janet M. Prainito City Clerk DATE: March 2, 2006 RE: Resolution No. R06 -053 — Agreement for Technical Support Attached for your information and files is a fully executed copy of the agreement as stated above. I have retained one fully executed original for our Central File, 411 k in . PAcx-(.41 -_ S:\000VP\AFTER COMMISSION\Other Transmittal Letters After Commission \2005\CRA R05- 091.doc r71cc1Vip afir'r Gommrssiontother transmdtal letters after commis' +on120051cra - r05 -091 doe 4 1 + RESOLUTION NO. R06 -063 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE EXECUTION OF AN 6 AGREEMENT FOR TECHNICAL SUPPORT 7 BETWEEN THE CITY OF BOYNTON BEACH AND 8 THE COMMUNITY REDEVELOPMENT AGENCY 9 (CRA); AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, upon 12 recommendation of staff, hereby deems it to be in the best interests of the citizens and 13 residents of the City of Boynton Beach, to approve an Agreement, providing for technical 14 support in connection with the day -to -day governmental operation of the CRA; and 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 16 THE CITY 01? BOYNTON BEACH, FLORIDA, THAT: 17 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption 20 hereof. 21 Section 2. The City Commission of the City of Boynton Beach, Florida does 22 hereby approve, and authorizes the City Manager to execute an Agreement between the City 23 of Boynton Beach and the Community Redevelopment Agency (CRA) of the City of 24 Boynton Beach, providing for technical support in connection with the day -to -day 25 governmental operations of the CRA, a copy of which Agreement is attached hereto and 26 incorporated herein by reference. 27 Section 3. This Resolution shall become effective immediately upon passage, 28 S:ICA\RESO Agreements1CRA- Technical Support 020806.doc ' 4 ) i 1 PASSED AND ADOPTED this,;e6t day of February, 2006 2 CITY OF BOYNTON BEACH, FLORIDA 3 -- - / 7 r 8 - . 1 - -- - _„,•0 - V" .., _ ._, - - .. 10 ,.-. -- ..—„.„--- ) Z --- •":"Sr 11 ( z .- cd'a mi. oner L--- ....__-- 12 ( 13 k C ( -- - 14 C&imissioner 15 17 ATTEST: Commissioner 18 k 9 20 / ity Clerk .9 21 22 (Corporate Seal) 23 25 SACAIRESO\Agreements1CRA-Technical Support 020806 doc IC off. -c�� INTERLOCAL AGREEMENT FOR TECHNICAL SUPPORT THIS INTERLOCAL AGREEMENT, made and entered into this 48 _ day of February , 2006, by and between: / COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF BOYNTON BEACH, FLORIDA, a public agency, having the address, 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435 (hereinafter referred to as "CRA "), and CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, having the address, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 (hereinafter referred to as "CITY "). WHEREAS, at its meeting of TiL'2v 4 11, 2006, the City of Boynton Beach approved entering into this Agreement with the CRA, providing for the provision of technical support services by CITY to the CRA; and WHEREAS, at its meeting of February 14, 2006, the CRA approved entering into an Agreement with CITY; and NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions herein expressed and of the faithful performance of all such covenants and conditions, CRA and CITY do mutually agree as follows: 1. PROJECT DESIGNATION. CITY is retained by the CRA to perform computer technical services in connection with the day -to -day governmental operations of the CRA, 2. SCOPE OF SERVICES. CITY agrees to perform the services, identified in the document, entitled, "Client Agreement and Conditions for CRA Technical Services," which is attached hereto and made a part hereof as Exhibit "A" on the "CRA Hardware and Software Inventory" which is attached hereto and made a part hereof as Exhibit "B ". All materials, equipment, and supplies necessary for CITY to perform said services shall be the responsibility of CRA. CRA shall use its best efforts in cooperating with CITY in providing the information and documentation necessary to CITY in the performance of the Technical Services under this Agreement. 3. TERM. Work under this Agreement shall commence upon the giving of written notice by the CRA to CITY to proceed (Effective Date shall be 2/1/2006 through 01/31/2009). This Agreement shall be for an initial term of three (3) years and may be renewed by the parties for two (2) additional three (3) year terms. This Agreement shall terminate upon mutual agreement of the parties hereto or upon thirty (30) days written notice of intent to terminate from one party to the other 4. PAYMENT. CITY shall he paid by the CRA for services rendered under this Agreement as follows a. CITY shall be paid the sum of Eighteen Thousand ($18,000.00) Dollars for the first year of this Agreement, ($18,540.00) for the second year of this Agreement, and ($19,096.00) for the third yew. h CRA shall pay the annual amount owed to CITY, in four equal installments on the first business day ofFebruaty, May, August, and November of each year. c. The annual payment to CITY shall increase by three (3 %) percent for each year during the term of the agreement and any renewal terms. Said increase shall be effective on each annual anniversary of the effective date of this Agreement. d. Payment as provided in this section shall be full compensation for work performed, services rendered. e. The parties agree that should the demands on CITY increase as a result of additional work stations, additional employees of the CRA, or changes to the CRA Hardware and Software Inventory, the CRA and CITY shall renegotiate the annual fee paid under this Agreement upon receipt of a written request froth CITY to renegotiate. 5. COMPLIANCE WITH LAWS. CITY agrees to perform the services contemplated by this Agreement, and faithfully observe and comply with all federal, state, and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. 6. GOVERNMENTAL IMMUNITY. a. CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and CRA is a public agency created pursuant to Chapter 163, Florida Statutes. To the extent permitted by law, each party agrees to be fully responsible for acts, omissions, and negligence of their agents, officers, or employees. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to he sued by third parties in any matter arising out of this Agreement or any other contract. b. Both parties acknowledge that this is an Inter local Agreement created pursuant to Section 163.01, Florida Statutes, and that each party shall retain all legislative authority with regard to its respective governing body. All of the privileges and immunities from liability; exemptions from laws, ordinances, and pules; pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agency shall apply to the same degree and extent to the performance of such functions and duties of those officers, agents, or employees extra - territorially under the provisions of any Inter local Agreement. 7. INDEPENDENT CONTRACTOR STATUS, a. CITY and its employees, subcontractors, volunteers and agents, shall be and remain independent contractors and not agents or employees of CRA with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. b. CRA will not be responsible for reporting or paying employment taxes or other similar levies which may be required by the United States Internal Revenue Service or other state agencies. 8. NON - DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT. During the performance of the Agreement, CITY shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. CITY will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color, or national original. Such action must include, but not be limited to, the following: employment, upgrading; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CITY shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this non- discrimination clause, 9. NON - EXCLUSIVITY. This Agreement is considered a non - exclusive Agreement between the parties. The CRA shall have the right to purchase the same kind of services to be provided by CITY hereunder from other sources during the term of this Agreement. 10. ASSIGNMENT. CITY shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CRA. 11. NON - WAIVER. Waiver by the CRA of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 12. TERMINATION. This Agreement may be terminated for convenience or cause by 3 either party by providing thirty (30) days notice to the other party. Should termination ht for convenience, termination shall be without liability to the terminating party In the event of any termination, CITY shall be paid the pro rata sung for services performed, of if prepaid, CITY would return to the CRA the pro iata surn paid in advance 13. DISPUTES. In the event that a party has a dispute with respect to the other party's performance hereunder, the party shall notify the other party in writing in accordance with Article 14, advising of the disputed matter. In the event that the disputed natter is not resolved to the satisfaction of the CRA and the City, the dispute shall he submitted to a mediator mutually agreed to by the parties before any litigation is brought. 14. NOTICES. Notices to the CRA shall be in writing and sent via li.S Mail to the following address: CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 039 East Ocean Avenue, Suite 107 Boynton Beach, FL 33435 A`1 "lN: Lisp, - BA.IGHT With copy to: CRA Attorney c/o Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Blvd., Suite 1000 West Palm Beach, FL 33401 Notices to CITY shall be sent to the following address: CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 ATFN: Peter Wallace, ITS Director With copy to: City Attorney 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 15. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the 4 Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between CITY and the CRA and supersedes all prior negotiations, representations, or agreements written or oral. This agreetent may be amended only by written instrument signed by both CITY and CRA. 17. AMENDMENTS. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 18. CHOICE OF LAW; WAIVER 01? JURY TRIAL. Any controversies or legal problems arising out of this transaction and any action involving the enforcetnent or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. In the event any causes of action arising out of this Agreement are pre - empted by federal law, any such controversies shall be submitted to the jurisdiction of the United States District Court for the Southern District of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 19. BENEFITING PARTIES. This Agreement is intended to benefit the parties to this Agreement. The parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either party based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 20. CONSTRUCTION OF AGREEMENT. The terms and conditions herein are to be construed with their common meaning to effectuate the intent of this Agreement. All words used in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words in any gender shall extend to and include all genders. 21. APPLICABILITY OF FLORIDA'S PUBLIC RECORDS LAW. The parties acknowledge and understand that the rules, regulations and statutes regarding public records are applicable to this Agreement and the services provided thereunder. CRA understands that public records as defined in Chapter 119, Florida Statutes, created with CRA computer equipment, software and hardware, including but not limited to e-mail and internal memoranda, constitute public records under the laws of the State of Florida, and are subject to disclosure unless otherwise exempt. 5 22, RECORDING. This Agreement shall be recorded m the public records of Palm Beach County, in accordance with the Florida Inter local Cooperation Act of 19( 23. MODIFICATION. It is further agreed that no modifications, amendments or alterations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this 14th day of FEBRUARY, 2006, BOYNTON BEACII COMMUNPfY REDEVELOPMENT AGENCY By: . ,., Vt� , --_ // ; P ' t nam , Chairman ATTEST: 3E `'\E v\L Print name: , Secretary Ap • ed as to form: r - e eth G. Sp lli • s, ',RA Attorney CITY OF ':OYNTON BEACH O ,i r : , i . !� - -- Kui ressne , ity Manager Attest: t ill • ,,,,„_. . net Prainito, City Clerk (CITY SEAL) G‘TY ok Approved as to fonn: i j, U—at Z pep , �, . Office of the City Attorney '.'0 M g'- DNT:dnt S CA\AGMTSUtS\CAA Technical Services - 230b.doc 6 Exhibit A Client Agreement and Conditions For CRA Technical Services The City of Boynton Beach Information Technology Services Departments (ITS) and the Community Redevelopment Agency (CRA) has entered into a technical support agreement to provide technical support for the CRA Director and seven (7) staff members. The items and services include unlimited technical support (during normal business hours: Monday through Friday, 7:30 a.m. to 5:30 p.m.), problem determination and resolution for the equipment listed on Exhibit B, e-mail accounts, and network services such as access to GIS and city shared drives. The City of Boynton Beach and the ITS Department will also extend their Disaster Recovery /Business Recovery plan by offering off site storage and retrieval of backup media including CD /RW. Technical support response - resolution parameters are based on problem severity and impact on business operations. Severity Code Customer Impact Service Response to Resolution Time Customer 1 -- Critical Business Halted Immediate updates Until Fixed u_yr 30 minutes 2 — Urgent Business Impacted 2 — 4 Hours 4 Hours 3 — Important Non- critical 1 — 3 Days 1 — 3 Days 4 — Request Normal Business 3 — 5 Days 30 Days The City of Boynton Beach shall not be responsible for any third party software or other hardware other than the hardware and software listed on Exhibit "B." The City of Boynton Beach would utilize change management policy to address any configuration changes to the CRA PCs, printers and network environment. ITS will extend the enterprise Microsoft agreement to the CRA PCs, printers and network environrnent as defined in Exhibit "B." ITS will extend the enterprise Microsoft agreement to the CRA PCs to provide proper coverage of licenses, upgrades and support. Other services such as firewall protection and anti -virus software with automatic updates will apply to the CRA network enviromnent. The City of Boynton Beach will also extend the GIS enterprise software cost savings to the CRA to access to GIS data from the city's network by installing GISMO on two PCs. The GISMO application has the ability to view and run inquiries for GIS relates layers CRA Technical Services 1 N I , 1 1: I / , ' , I r '''''''r' ' Q ti ' a) u) > p, w rn p a) ❑ fi ❑ 6 0 C amur°i � � 9 0 ' ` o - F w E( 1 E 1 on'cr o O co crew ro t 0) 0) ) m N c r › 4. C p 4 n a) Q I Cr r't X .Cogroy2 ?o Bs-ov� to a) moo co m am2Jm > c ulccIY 21 am m Q m cn Ce CE m 1 f 1 1 1 . — 1 t 1 1 11 MMC' 0 01 P ■ 0, 01 ), ` C')MC•)(') M M IM CO 01 C) M N- o o o o o o o o O a o 0 o o O O O O 0 0 O O r r %- T r r r r r e r r r r r r r r- r r t- Of a) ai a) a) a) a) a) ai y ai a) a) ai a) y U) N 0) onln cnmmmmu� _ , incntn tn �m _ IMI m�nMnI "' Y (0 ro CO CO( & 1 1 [ ! I k t y a. w CI. a 0Q.0 m a a to m a w (g i t , t s i- U..I- i:iLI^ I L LL 1 1 } 19 L N M tt a0 <D t - l - d o° o o O o f E ' ' , • le 00000 U 0 ggggg c ( 1 ? I L I L H 2 C C C O mmm �; 1 mmmmmmmx 1 (( i1; t� oo (9 CO CO r _ „ - r kg) t-- _ h- O . -- CD y 0 y 11 N 2 rm ¢ � O N r) a fi o ° m E W Vi MM U7dN0 - i l) (, p � Q -o Q N '' co O m 3p a m mQm � Z J U `t _ W o U d Z 0. co r•� rcom-3 al M ,- 0mM V I CO N m 1 c A IIl 11It,t1 ; I W ' R i 1 J 1 r ' , 3 r r ' E i W I . H 1 1 V ++ I mmN m I , • .� (A In �)rf) ` 1 i i f E i i ` NI hi L H H 1 Z r N T Z Z Z O r' T- U m m T- ci " 1 • d pp i 3 I z ®2 Z S 2 1 t 1 000000 00 E 0000 1 i °10 { , 00,040 0 fi t` ao co = N Cl oq N t- I- C CO 'O 8 x 0 ! ti- 0 0 ®0 0 0 0 o m g v v d v v v v M d a. ®®E g ®®® N U o 0 o y o E c W E Eo E E E E r y ° 04 CO r 0) N CO o fl o c o an ( ma lyy 3 7 7 7 -) d' V Kt 7 � _ T 0 T„ X o U) N C C X C C C C 6) c N C) 0 a) o- U O o o a) (, a) a) a) G)) 2 i i . S , V W a) d 0_ a_ aaaa _ X a) C ) a ) N N t0 G N > 9 g� '-',-` €4 m QQ 0 0 0 , m m ro',7 c s J U J O N r (n _ 8 3 ❑ 8 ccp cccE riixr E m T u.q i 5 a I j I t w; c E a i ' G V al 1 1 , G 0 u 1 (LQQQOQ e a 1701) m i � , L d p i - .0 1 - r a J.�3JJJ -1J Q W W W W W W U1 a. c i{ U tc O. C . in N , a 0 O. a. o csaaanoo a , w 1 2 RESOLUTION NO. R09- 01 3 4 s A RESOLUTION OF THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY, 7 APPROVING THE EXTENSION OF THE INTERLOCAL 8 AGREEMENT FOR TECHNICAL SERVICES BETWEEN 9 THE COMMMUNITY REDEVELOPMENT AGENCY 10 AND THE CITY OF BOYNTON EACH FOR AN 11 ADDITIONAL THREE (3) YEAR TERM; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the Community Redevelopment Agency (CRA) and the City of Boynton 16 Beach entered into an Interlocal Agreement for Technical Support on February 28, 2006 for an 17 initial term from February 1, 2006 through January 31, 2009; and 18 WHEREAS, pursuant to the paragraph 3 of the Agreement entitled "Term ", the CRA 19 was granted the right to renew the Agreement for two (2) additional three (3) year terms; and 20 WHEREAS, the CRA desires to extend the Interlocal Agreement for one (1) term of 21 three (3) years from February 1, 2009 through January 31, 2012. 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH 23 COMMUNITY REDEVELOPMENT AGENCY, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The CRA Board approves extension of the February 28, 2006 Interlocal 28 Agreement for technical support for a three (3) year term from February 1, 2009 through 29 January 31, 2009. CRA payments to the City of Boynton Beach for technical support during C:\Documents and Settings\harrissu\Local Settings\Temporaty Internet Files \OLK81\CRA ITS ILA extension (2).doc - 1 - the three (3) year te►m shall be as folkm's 2 Yea► 4 2/ 1 /09 1' 31( 1 t 0 IS 1 9,669 Year 5 211/10 1/ 11 1 1 $20,259 4 Year 6 2/ 1' 1 1 1/31/12 $20.867 5 6 Section 3. A copy of this Resolution shall be affixed to the original Agreement t» 7 file with the City Clerk and shall serve as an addendum to the original agreement 8 Section 4. That this Resolution shall become effective immediately upon passage 9 PASSED AND ADOPTED this 1. ' 1 t ' day of March, 2.009 10 11 BOYNTON BEACH COMMUNITY 12 REDEVELOPMENT AGENCY 13 14 -y J C" 15 - I rry fa7) i 16 17 Ix Vice thair - Jose Rodriguez 19 20 f_� 21 13oai+1 Member Ronald Weiland 22 23 24 Bo rd Member — Woodrow 1 1 ]a\' 25 26 L�� - -- 27 Bo�rd Member Marlene Ross 28 APPROVED AS "10 PURPOSE 29 30 By- =-- - ----- - 1 Lisa Bright 32 Executive Director 33 34 APPROV S 0 FORM: 35 36 By: 37 James A t 'of 38 Board Att. ney C: \Documents and Settingslharrissu \Local SettmgsVLempora►y Intel net Files\OLK81\CRA I I S ILA extension (2).doL I IT ILA Summary & Payment Schedule I Effective Date: Feb. 1, 2006 thru Jan. 31, 2009 Renewal for two (2) additional three (3) year terms. Invoiced: February, May, August, November Annual Quarterly Year 1 2/1/06- 1/31/07 $ 18,000 $ 4,500 Year 2 2/1/07- 1/31/08 $ 18,540 $ 4,635 Year 3 2/1/08- 1/31/09 $ 19,096 $ 4,774 Renewal Year 4 2/1/09- 1/31/10 $ 19,669 $ 4,917 Year 5 2/1/10- 1/31/11 $ 20,259 $ 5,065 Year 6 2/1/11 - 1/31/12 $ 20,867 $ 5,217 Year 7 2/1/12- 1/31/13 $ 21,493 $ 5,373 Year 8 2/1/13- 1/31/14 $ 22,137 $ 5,534 Year 9 2/1/14- 1/31/15 $ 22,802 $ 5,700 T. \INTERLOCAL AGREEMENTS \IT Services Inter Local with City \Summary and Payment Schedule , ,',ONSENI AGENDA December 6 (:' rp ;' , CITY OF BOYNTON BEACH `.,.;w AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/06/2011 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS NATURE OF - 1 AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS 1 REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R11 -134 - Approve extending the Interlocal Agreement which provides technical support from the City's Information Technology Services Department (I T.S.) to the Community Redevelopment Agency (CRA) EXPLANATION OF REQUEST: The City's I.T.S. Department has been providing technical support for CRA computers and communication equipment during the past six years under an Interlocal Agreement. The agreement stipulated pricing for an initial term from February 1, 2006 until January 31 2009 and included renewal options for two additional three -year terms. Pricing for all nine years was defined in the agreement. The contract fees are for I.T.S. staff time; replacement equipment and supplies are not covered and would be the CRA's responsibility The City Commission approved the initial extension of the Interlocal Agreement on March 3, 2009 via Resolution 09 -042. The CRA approved the initial extension of the Interlocal Agreement on March 10, 2009. The CRA desires to extend the Interlocal Agreement for a second three -year term from February 1, 2012 through January 31, 2015. As described in the Interlocal Agreement, CRA payments to the City of Boynton Beach for technical support during the next three -year term will be Term Dates Annual Amount 2/1/12 — 1/31/13 $21,493 2/1/13 — 1/31/14 $22,137 2/1/14 — 1/31/15 $22,802 146 M-514 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? • The City will be able to share labor costs among both City Departments and the CRA for activities such as data backup, virus scanning, Help Desk support, etc. • The CRA will benefit from lower support costs by utilizing existing City I.T.S. personnel instead of contracting with commercial vendors. • Both the City and the CRA will benefit from economies of scale in purchasing computer hardware and software, data and voice communications, yearly maintenance, and other shared products and support. • Both the City and CRA will be able to more effectively share information (e.g., via GIS) and coordinate activities (e.g., via Email and calendaring). FISCAL IMPACT: The CRA will make quarterly payments to the City of Boynton Beach as follows: Term Dates Quarterly Amount 2/1/12 — 1/31/13 $5373.25 2/1/13 — 1/31/14 $5534.25 2/1/14 — 1/31/15 $5700.50 ALTERNATIVES: Do not approve the final three -year term and the CRA will have to contract with commercial vendors. 147 of 534 RESOLI'T1ON NO, R11 A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THE SECOND EXTENSION OF THE INTERLOCAL AGREEMENT FOR TECHNICAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY FOR AN ADDITIONAL THREE (3) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Boynton Beach and the Community Redevelopment Agency (CRA entered into an Interlocal Agreement for Technical Support on February 28, 2006 for an initial term from February 1. 2006 through January 31, 2009; and WHEREAS, pursuant to the paragraph ; of the Agreement entitled "Term`, the CRA as granted the right to renew the Agreement for two (2) additional three (3) year terms. and WHEREAS, the City Commission approved the initial extension of the Interlocal Agreement on March 3, 2009. via Resolution 09 -042 covering the period of F= ebruary 1. 2009 through January :1 2012, and WHEREAS, the CRA desires to extend the Interlocal Agreement for a second term of three (3 years from February 1. 2012 through January 31. 201 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof Section 2. The City Commission approves the second extension of the February 28, 2006 Interlocal Agreement for technical support for a three (3) year term from February 1. 2012 through January 31, 2015 CRA payments to the City of Boynton Beach for technical support during the three (3) year term shall be as follows Year? 2/1/12 - 1/31/13 521,493 Year 8 2 11 3 — 1 /31 '14 $22.137 Year 9 2 1 ' 14 — 1/31 ' 15 $22. 802 148 of 534 Section 3. A copy of this Resolution shall be affixed to the original Agreement on file with the City Clerk and shall serve as a second addendum to the original agreement. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of December, 2011. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jose Rodriguez Vice Mayor — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 149 of 534 IT ILA Summary & Payment Schedule 7 Effective Date: Feb 1,, 2006 thru Jan 31, 2009 Renewal for two (2) additional three (3) year terms Invoiced: February, May, August, November Annual Quarterly Year 1 2/1/06- 1/31/07 18,000 00 4,500 00 Year 2 2/1/07- 1/31/08 1 8,540 00 4,635 00 Year 3 2/1/08-1/31/09 19 096 00 4,774 00 Renewal Year 4 2/1/09 - 1/31/10 19,668 88 4,917 22 Year 5 2/1/10 - 1/31/11 20 258 95 5,064 74 Year 6 2/1/11- 1/31/12 20,866 71 5,216 68 Year 7 2/1/12 - 1/31/13 21,492 72 5 373 18 Year 8 2/1/13-1/31/14 22,137 50 5,534 37 Year 9 2/1/14-1/31/15 22,801 62 5 700 41 T \INTERLOCAL AGREEMENTS \IT Services Inter Local with City \Summary and Payment Schedule a) m u) c 1 2 - a + R ` a) c N ?' I l a) .4. I O -p r 4 '/ a) (6 � a) a) 'w) V 0 N 0 U To L Z L O W a) O1 U 2 -0 m (6 0 0 N Q C0 g 0 N u) — P VO O 0 w,., o a 0 5 UY -J GO Cl O 1008 Siesta Avenue Boynton Beach, FL. 33426 November 17, 2011 Chairman J. Rodriquez Community Redevelopment Agency 710 N. Federal Hwy. Boynton Beach, FL. 33435 Dear Sir, I wish to know, with the budget shortfall our city has, why you would spend money on these projects: 1. The purchase of "the oldest house ", move it and renovate it so that the only original portion left is the chimney. 2. Subsidize a business that will compete with similar businesses in the area. Statistics show that new restaurants have a very low rate of success. 3. In the past few years, Boynton each Blvd. Had trees planted along it to enhance the area. Now you want to narrow the street, change traffic patterns, to what gain ? I suggest you confer with the Fire /Rescue and Police personnel that have to drive emergency vehicles. Are you trying to close down existing businesses and add to the empty stores on Federal Highway ? You plan to cut lanes on an already crowded street. 4. I have been involved with the Congregational Church at 115 N. Federal Hwy for many years. Not long ago the CRA tried to get us out of that location so a developer could build condos. It seems aesthetics takes preference over common sense. 5. This morning it is reported you wish to sell several city properties. Past City Commissions bought and planned for BOTH Police and Fire /Rescue Headquarters to be at Gateway and High Ridge Road. What has changed that this is no longer feasible ? I suggest it is time to close down the CRA and balance the budget. Should this be done, we might not need to cut services to our citizens. Respectfully, /2 Millard S. Goodsell Cc: Interim City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 710 N Federal Highway BcJYNTJ D Boynton Beach, FL 33435 Ph: 561- 737 -3256 =BEACH Fax: 561- 737 -3258 www.boyntonbeachcra.com November 22, 2011 Mr. Millard S. Goodsell 1008 Siesta Avenue Boynton Beach, FL 33426 Dear Mr. Goodsell, I received your letter dated November 17, 2011 regarding a number of issues. Please see my responses below: 1. The Ruth Jones Cottage is not the oldest house in Boynton Beach but it is certainly one of the oldest. The City recently adopted a Historic Preservation Ordinance and felt that if we, the City /CRA were not willing to preserve our own property, who would? The cottage was moved because the land it was sitting on was purchased for future parking needs for the downtown. 2. If you look at all successful downtowns they have more than a handful of restaurants. Restaurants attract many visitors which in turn spur other types of businesses. There is room for many more restaurants in downtown Boynton Beach. We have a long way to go before we reach the saturation point. 3 The CRA recently approved a study to determine how Boynton Beach Blvd. can be beautified. This may or may not include narrowing lane widths, reducing lanes, burying overhead lines, adding landscaping to name a few options. This is only a study to determine the traffic levels and design options. No decision will be made without a public discussion. 4. I agree with you; esthetics should to be balanced with common sense so that the City can function efficiently. 5. What has changed is the economy. The cost to build a police facility at High Ridge Road is estimated to be $14M. However, the assessed valuation of property within the City has dropped 30% over the last few years resulting in dwindling revenues to the City. Additionally, the 2009 Downtown Vision and Master Plan, completed with significant citizen input, calls for City Hall and the Police Station to remain in the downtown. Thank you for taking the time to write to me about your concerns. Please feel assured that I take all these concerns into consideration when I am deciding on the future of the City. Sincerely, Jose A. Rodriguez Mayor and CRA Chair BOYNTON =BE CRA BOARD MEETING OF: December 13, 2011 Consent Agenda I Old Business New Business Public Hearing X Other SUBJECT: Marketing Initiative Program: Boynton Forum "Shop Local" advertising SUMMARY: In October, the CRA Board approved funding for Marketing Initiative Program a.k.a. "Tools to Grow Your Business." Local merchants are encouraged to participate in co -op advertising opportunities where multiple business owners would take out a 1 /2 or full page ad in local newspaper(s) and receive a reimbursement for a portion of the ad(s) fee, after CRA staff approves ad. Please note all businesses in the CRA district are welcome to participate in the program, and will be contacted again in January with a direct mail invitation, but it is up to the individual business owners to meet ad deadlines by providing required artwork, contact information, etc. Advertising included in your packet was published in the Boynton Forum (Sun - Sentinel) on Wednesday, November 23 promoting the November 26 "Support Your Community and Shop Local Day." FISCAL IMPACT: $ 975.00 CRA PLAN, PROGRAM OR PROJECT: Marketing Department RECOMMENDATIONS: Information only Margee Wa , M. g Director T \AGENDAS, CONSENT AGENDAS MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings December 20111 Marketing Initiative Program doc SUPPORT YOUR COMMUNITY BOYNTO SHOP LOCAL The Boynton Diner Boutique • GccJla * - i OPEN FOR DINNER! a "1 _ *Monday thru Saturday GAM TIII 9PM• / A � �}.. ` Sasso Specials ISunday bA�( Tii13P�71 Sea Y Y�� SW �io • Art Gasses ��>� seven All Mete, Prime Rlh'Pssta 111 ��` G p '11.95 Breakfast served ll N G I S C Cl r i n t o u da} &nits v 1 A C Interpretation of Traditional 4004Lit • t 162 S. Federal SAMPLE CLASSES and Authentic /talon Cuisine 8 rai Highway • Ceramics •Beading Call Early for � 1'` � 2 (Nexttoi BM n to c • Watercolor • Mosaic Your Holiday Catering! A 1... t ' of Federal Hwy, & Woolbright Rd.) • Clay • And Mo ! ' :hr.r, a xo s h I,p r•:. .' 11111 _L- »bleb it cbsrmm� d4nr. caf Y EAR RESrnaliaaf,.d., e �o,aEa, ' $5 OFF F : DE peLMV BEACH MAGAZINE ni44 Frvome ResieurenU - Wnere '♦• { "The p!^re was pwAed rw o rerex! Frurdev 17 n PYIChaM of .3... . • yr ^ear Ne ea^ err .h1/ Ni'!I hr Aark" E.plroc I2/ 1n1 1 5 SusrsoRS ca cos* (-Asti DINNER COUPON GOOD FOR - - --- — Li quor faar • Outdoor Cov.r d Patio '''' ' ''''r „'""e "' (. ASH • FUN rne.y-sem,aer � cm OM A 10% OFF YOUR ENTIRE CHECK '`• • Nappy Now - B:]O s�eeer. ,rem D NI,Y Y 561 - 737/200 t "' Gift Certificates Available u POW/ ecnev sexsxalon IX .^e EVENT ore SOMA SOO EAST WOOL BRIGHT RD., BOYNTON BEACH ""�" - 1fi02 South Federal Hwy. . Boynton Beach 561-364-960 1 561 -364 -1819 1 w Ca ww.artseal o 1 SE corn , 2,0:It3 1 b , 010., WWW.losiesrstorante.,r AIR CONDITIONING EXPERTS — . 1 •8111a BOYNT I N AUTO (=EP t" ' E' i PLAZA i 00 Q3 p �i1Q�Evaporators Serving South Florida Since 1974 IIAM DESIGN `. VO1ER eFSTAUTR a '' ' A FOREIGN 8-DOME SITIC, - 1p i c r E o fITERio •-� toryrox- zaltul - - SPECIALIZING IN: Al! Major & Minor Repairs CUSTOM C LOSET SYSTEMS • Starters • Alternators - Complete Electrical Service • Electronic Tune-ups IN- SEASON SPECIAL • Computerized Diagnostics • Front Ends • Brakes • Tires • Balancing 1 COMMERCIAL STORAGE e PERMS $50' FREE A/C Analysis DAMN GARAGE UNITS Includes Cut & Style (We specialize In A/C evaporators) Exp 12 /31/11 , HI-LITES $65* "After You Drop On Your Car, We'll Drop You Off FREE JEWELRY TRAY* `Hair -cut is extra VJ Serving Boynton Beach Since 1981 With your custom closet order t: ,. 10% OFF E xpires: 12/31/11 FORMERLY OF PINEWOOD TEXACO All other services (Corner of Boynton Beach Blvd. & W. Industrial 623 N. Railroad Ave. 4IW' New customers only with coupon. Exp. 1/13/12 • • • • Boynton Beach Fl 33435 «' 721 S. Federal Hwy. SAME GREAT SERVICE _ Over 40 years experience P. 561 Cell 561- 4455759044 -7572 i y + , ■ Boynton Beach, FL 33435 $Espanol (561 7 5 3207 # Email: rickgj08@yahoo.com w ., t' # (561) 732 -2638 1040 W rE B O YN T QN — o [GREA TER H F1 ERM /A1; SUPPLY r YNTONBEACH Hudson REALTY OF Fla MA1 IiEAtHE}. ON. t1 t I t S \' EA SINCE 1980:`. - ••`"''""••`"''""'" ...a Saltwater S Freshwater Ji TED BEST Tlip 1adde ' .AL ESTATE OFFICE IN r 0 7•'n 1 • ;lo: -r 610 Eas+ Ocean Ave BOYNTON 'L max , 5 YRS. IN A ROW! rI : 10% OFF 1 Boyn +on Beach'' SEE EVERY LISTING IN I ' � on bait , : 561 -737 -0606 THE MLS! I with coupon • expires 11/30/11 I at www.hudson- realestate.com al W` 561- 734 -6000 (561) 736-0568. N. Federal Hwy, Boynton Beath Visit US At: boyntonfsherman .com.30 Years in Boynton Beach! I 300 S. Federal Highway. Boynton Beach, FL 33435 SMALL BUSINESS SATURDAY NOVEMBER 26, 2011 SUPPORT YOUR COMMUNITY ''' RA %k?S S HOP L OCAL H _ I r - __ \QSSOm S ' , .MIST III �' E 'S z Foot R �i ptuminum • �� .dam' i i� } � � � ' _ � � � Flori t & t1 ti s __ Gifts SEA MIST III 7 _' 1' . 1 , Daily Trips All Year • Bam- 12noon • 1pm -5pm • 6:30pm- 10:30pm 402 E. OCEAN AVE. PRIVATE CHARTERS GREAT FAMILY VALUE! OPEN SEVEN D A YS BOYNTON BEACH, FL 33435 i Book Now and receive 10 OFF! WWW.SEAMIST3.COM $4.00 OH Per Adult 561.732.3722. 1.800.749.5549 53.00 OK Per Senior GO IN FIRST CLASS COMFORT CRAFT COCKTAILS `• RE €R FAX 561.364.5916 Adults: $37 (Reg. Price) i Bait, Tackle and license Included ➢Ii� sant, Professional Crew on an Children: $25 (Reg. Price) " ` 0 Serving the area since /9Sh telellora ' utstanding Fishing Boat Seniors: $33 (Reg. Price) `1 Cat King Mackerel & Grouper - - - 1111 - i (Over 20 species of excellent fish)` c "h (oup•n (hnm:h a m • Fipne eur n/ .n<. eP F REE Rose n 1 nn.le.. Just Off E. Ocean Ave • Boynton Beach • 2 Blocks E. of US1, 7 Blocks E. of 1 -95 _ _ _ Must present coupon. Exp, 12L1/11. _. _ - • FOR MORE INFO CALL: (561) 732 -9974 rite • wo i 0 Come celebrate • "" ' " ' .e �y fi t° I, 1+1 /• ` .� our ne expansion S c9 e e idio 0 11::...:: 1 '- _ �< /p��o-_�, o U) ',� i - Domestic Drafts C +RU7I•r'LOC1Q ;: -- or Cl 422 West Industrial Ave / r' Raw Oysters Boynton Beach FL 33426 . p4 - t: or Clams 5I -73s ttlsl � i t , _ . M on F ri 4 6PM — ' ` . j ,i,i. s. . ! s ' r= iie Fine Art - , • L As, 1 0 % off Paintings • Sculptures i ,_ M _ --! — - - /:',4,,, d f check with ad!! Gifts a :s. a ,: W ,, Fine Art Appraisals ^'-,"` id, A Great Place on the Water to Bring Your Guests! Full Bar Coming Soon !flitirricane Alley Raw BairAWiant , *20% Discount } . 2 Georges Restaurant & Marina 529 East Ocean Avenue f with this Id I Located on the Intracoastal g Boynton Beach, FL 33435 through 12/31/11 728 Casa Loma Blvd. Boynton Beach I 561 364 -4008 ; 561 - 736 -2717 • t , try * d$l11bG ,' ICG1Dinner! / EASTERN .- ;. i1,. 1 4 4 . , -' Ihdl Celebrating 18 Years! _:-,_ ++� tj' . ; 1 AUTO BODY AND CLASS INC. ` r A DINE -1N • TAKE OUT _ - ` I 1: 1 1 1<, Since 1989 :. III; ►,!� / ,- T hirty Years Experience • r4 , - & Sushi Asian i• ~ ' - Restaurant TOWING AND RECOVERY Special.Pad Tha Lobster Dish _ Tantalizing MV9274 / PBCL TP72 THAI Chicken I $5 Off I 10% O��SQ�2 • Full Service Catering I Your Bill I 10 Discount • Exquisite Party Platters , ,r I •$door more Dine-In s 1 • Authentic Cuisine of Thailand Cos/ omy exp. 12/31/11) With od. Exp: 01 -01/12 with this advertisement / exp 1/1/12. • 30 People to 200 — — — � • _ • No MSG Used In Our Entire Menu www.trythaiboynton.com 13 • •• www.beachcomberarts.com -�"" -.7 727 S. Federal Hwy. Boynton Bch B N.E. L 33435 Avenue, Boynton I _ �� H . �+.� Beach, FL 33435 ;' — Debbie Brookes Beachcomber Art t I t Lunch: Mon. -Fri. 11:30 -3pm 1 ` } • 561- 364 -4250 • fax 561- 364 -0345 561)369 -0356 I ' Phone: !!!! F ., 1 A` 1, Dinner: Sun - Thurs. 212 S. Federal Hwy. • Boynton Beach 561- 315 -5717 Tom•+ -_ _ 5pm- 9:30pm; Fri. & Sal. 5pm -10pm Fax: 561)369 -43 • / t SMALL BUSINESS SATURDAY NOVEMBER 26, 2011 BOYNT&T A H 1 BE C CRA BOARD MEETING OF: December 13, 2011 Consent Agenda Old Business New Business Public Hearing X Other SUBJECT: Press releases, media advisories, and editonal coverage SUMMARY: Recap of press releases distributed by staff and articles generated or associated with public relations efforts. (Sept.— Nov., 2011) Included in this month's Board Packet, along with examples of editorial coverage the CRA and or Boynton Beach received, is a copy of the CRA's " FYI " Newsletter (Fall /Winter issue), distributed electronically and by direct mail, to residents and businesses in the CRA District. Press releases: 1. Oct. 26: Completion of Seacrest Blvd. Blvd.'s Beautification Project 2. Oct. 18: New, urban - designed Walmart 3. Oct. 3: CRA's newly launched database of available commercial, retail and industrial space. 4. Sept. 26: New CRA event: "Sunday Funday " 5. Oct. 1: Palm Bch. Post online ad: Tuppen's Fishing Report- Oct. 9 "Sunday Funday" Articles: 1. Nov. 16: Sun - Sentinel — Public art at new Walmart 2. Oct. 28: WPTV, Channel 5 — Ruth Jones Cottage to be new downtown restuarant 3. Oct. 5: Sun - Sentinel — CRA showcases downtown with new events 4. Oct. 4: WPBF, Channel 25 — New website helps business owners find a home FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Marketing Department RECOMMENDATIONS: Information only \j" ( -g4 Margee Alsh, Mar e ing Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \December 2011 Public Relations and Media Coverage doc CRA FYI A Helpful Guide to How the CRA Serves the City of Boynton Beach Fall 2011 /Winter 2. ''' E• - r' Ongoing revitalization of downtown encourages visitors A ! to "Breeze into Boynton... , ,„ . ... lik . .. i ' • 1 - With the summer heat finally behind us, scissors and shovels have been the theme in Boynton Beach, , i ! 1' 1 1 ' i t with ribbon cutting ceremonies and groundbreaking events taking place throughout the downtown area. On a county level, we were honored to learn the Palm Beach County Convention and Visitors Boynton Harbor Marina Bureau selected Boynton Beach as the first city they'll be promoting to businesses, tourists and potential residents, as part of an extensive branding campaign to develop the character of each city in Palm Beach County. The bureau created the slogan, "Breeze into Boynton," that will appear on a special Boynton Beach J �' website, city guides and luggage tags distributed to potential visitors. The increased visibility comes 1 at a perfect time as shoppers can now visit Boynton's new "eco- friendly" Walmart, a 93,755 square foot structure that transformed the neglected Gulfstream Mall site into a beautifully landscaped, retail '' center. A distinctive, nautically themed art sculpture, displayed in the northwest corner of the parking '!! lot on Gulfstream Boulevard and South Federal Highway, serves as a "gateway welcoming feature" for the City's southern boundary. iiimmor Tractors were busy at work during the Seabourn Cove's ground breaking event on November 3. This _ multi- million dollar development project, located at 3501 South Federal Highway, will offer a gated, enclave of 308 luxury rental townhomes and garden home apartments. Construction also began f ,, at Sunshine Square, with the site undergoing redevelopment of a new, expanded Publix, enhanced '` pedestrian areas and updated hardscape and landscaping. New Walmart Art Feature Dining and entertainment options continue to increase in the downtown area as we eagerly await the grand opening of "The Little House," site of the renovated Ruth Jones Cottage on Ocean Avenue, which promises a unique cafe - brewery featuring locally farmed foods. Excitement is growing as Cuthills Bar i and Saloon is slated to open on North Federal Highway. To the south, at Las Ventanas, the Sweetwater Bar and Grill has become a popular Happy Hour spot, offering an "eclectic menu that pairs what we're , pouring." Many of these new businesses have taken advantage of the CRA's funding programs that \, help offset major construction and operating costs. To learn more about these financial opportunities 1 and view the CRA's new database of available retail, commercial and industrial property located in the CRA district, log on to: www.boyntonbeachcra.com /businesses. Let us help your business grow! 1 -, ' i Locals know downtown Boynton Beach is the place to be when it comes to attending free, fun, festive r events and this ear is no different. New to our lineup of free activities is : y p Sunday Funday, located at _ - - the Boynton Harbor Marina, and the Downtown Open Market, held on Ocean Avenue and at the '`` - ""'�iiM Boynton Beach Civic Center. All eyes and ears will be focused on the new Ocean Avenue Amphitheater Ocean Avenue Amphitheater as the location of our popular Movies on the Ave and Concert Series beginning in January. We hope to see you at this year's annual Holiday Extravaganza on December 3 followed by the Boat Parade on December 9. Holidays are a good time to reflect and give back, so we ask that everyone bring an ir t- unwrapped toy for the Toys for Tots charity drive to the Boat Parade site. Visit the CRA website for a , complete listing of events and remember to stay connected with the CRA on Facebook and Twitter. 11 e a ‘6. As the economy slowly picks up and the temperatures begin t to drop, we look forward to welcoming back our seasonal - - or residents and visitors. When you have a moment, stop by + It] A the new CRA office, located at 710 North Federal Highway, and say hello to the staff. , �' Happy holidays and best wishes for a prosperous new year! .I' s+t 1 _ Serving The Gwm�ttr� - ' . � � Jose Rodriguez, Mayor and CRA Chair CRA District's Points of Interest Harvey E. Oyer, Jr. Park _ Formerly Boat Club Park i B 2. CRA Office New location at 710 NFederal Highway 3. Cuthill's Bar & Saloon 1 5 Opening soon at 417NFederal Highway + e e 1 ' $ �1 g 4. Promenade Y Retail and luxury residential units with water views ell � Me MIlliii 5. Galaxy Elementary 1 ©11141 0 Under construction - `greenest school in Florida!" ' �' g ; Jam' 6. Seacrest Boulevard Beautification Project • i 11117 IMO 1 MINI Artwork at the intersection of MLK and Seacrest Blvds. Oceanbreeze West Site of 21 single-family homes on Seacrest Blvd. 8. Boynton Harbor Marina __ .�ii j ., Join us for Sunday Funday! 5 a� ft W 9. Ocean Plaza j Great restaurants, shops and available retail space a ft....„ _ J. Former Bank of America site Prime location to develop on 5.59 acres 1 II 11. 500 Ocean 5 4.8 acres at Federal Highway and Ocean Avenue '\ WAS _ 12. The Little House ' - New restaurant in the historic Ruth Jones Cottage 13. Oscar Magnuson House • 0 ill 211 E Ocean Avenue, available space x �/ `��I' 14. Ocean Avenue Amphitheater Venue for popular Concerts & Movies on the Ave. 15. Old High School s i 28,000 sq. ft., built in 1927, redevelopment project 16. Boynton Woman's Club __ Built in 1926 by famed architect Addison Mizner 17. Las Ventanas FUNDAY Mixed -use, rental community, available space LIVE MUSIC" 8. Sunshine Square Plaza FAMILY Will include a new, larger Publix & lush landscaping ACTIVITIES 4 19. Seabourn Cove FOOD & Luxury rental townhomes & apartments, May 2012 DRINKS 20. Walmart , New store, Gulfstream Blvd. & S Federal Highway BOYM ....000 .......••■■,.... , .......„, ...................... F — .................... .......•■■■... N , Allik r w-II i ; W i i I 1, ................... • AMAMI 9 - g 51 II 1 lir II ......00,.......„,„ lit 1 ' 2 a am I f I fl a i , ; ....., rua , Pilffile3. 17 18 ,....4111 1 1 1116Q11 a • P. la fi . - ___ _ ;WWI AllifitillIEMIPI il a% - . -Ak 0 io; 1 2 , 3 14111 " 1111 .110111INIPIP 1 OBI a illipl - 2 mamio- 1 4 1 atirA0 . ibkiikEE INE, ffil guillti IE ERIN on W IlhallegerilLialig i 4 11.11 i bil m iiiitemion --....11111111111 I • NM u.' .... v , IT IONN r ill _ - Ivnusnou rrm lk Ltifillg‘ II k ./1 vIffirMILPIIIIP:', : --imam - SALIN ii tUO ft Has I Vir Plikrr 0 11 N 119 li k* k 44 4 Ett I .,, ,„ ..„. ' al 11* 4 ? * Al I 1 *.1 1 : - ' - ''': - • ' , ,..... ., ... - g III w . ..-.. A E _ ..,,, a trNr lidnr ' „--.4e:._ii pr SIIMIONIX, r k C:5—s--- .. .. . . L .lik f „, l i k .a.i■ 4 ' c a 4 I ION Alb. it ille ' . - teVi Ilit ikS DEp 20 1( ' , ' ' '' li • $ N I ;, .. ....,.--- PRESORT STANDARD BOYNTON , U. s.POSTAGE BEACH C RA PAID 710 N. Federal Highway BOLA RATON, FL PERMIT NO. 1775 Eton Beach, FL 33435 t 4 ' . 4 j} t • tep For information on programs to help "grow your business!" call 56 - 737 - 3 2 5 6 or visit w. boyntonbeachcra. com Breeze into Boynton....your place to be for free events! Downtown Open Market Holiday Extravaganza Holiday Boat Parade Ocean Avenue and Civic Center December 3 Dec. 18, Jan. 22, Feb. 26, 5:00 p.m. Parade South Federal Highway Mar. 25, Apr. 15, May 27 6:30 p.m. Tree Lighting 11 a.m. - 4 p.m. Ocean Avenue Amphitheater 7: 00 p.m. Free concert Movies on the Ave Brass Transit, Qa Tribute Band Ocean Avenue Ocean Avenue Concert Series Ocean Avenue Amphitheater Jan. 20, Feb. 17, Mar. 16, O ' (1 Apr. 20, May 18 EXTRfV�OflNZA 6 p.m. - 9 p.m. CRA Mayor's Challenge Family Fun Run /Walk Holiday Open Hous • Ocean Ave Amphitheater Sunday Funday 'es era way March 31 December 15 7:3o a.m. Check In � o 8:oo a.m. Step Off 1 5 - 7 p.m. Pre - register at Run /Walk Begins www.boynton - beach.org , Please RSVP by December 5 to englishh@bbfl.us. Activities & entertainment until 10:30 a.m. BOYNTON riv MOMS BE Media contact: Kathy Biscuiti Special Events Director (561) 737 -3256, ext. 212 FOR IMMEDIATE RELEASE BiscuitiK November 15, 2011 Holiday Extravaganza Free event for the whole family! WHO: Boynton Beach CRA (www.boyntonbeachcra.com) City of Boynton Beach (www.boynton beach.orq), WHAT: Boynton Beach Holiday Extravaganza, includes the 41 Annual Holiday Parade; Lighting Ceremony of Holiday Tree, and Concert. Bring the entire family and enjoy exciting activities for the holiday season WHERE: Downtown Boynton Beach WHEN: Saturday, December 3, 2011 SCHEDULE: Annual Holiday Parade - 5:00 p.m. • Parade Route: North along Federal Highway from SE 12 Avenue to Ocean Avenue Holiday Lighting Ceremony 6:30 p.m. • Ocean Avenue Amphitheater Concert - 7:00 p.m. • A free concert by Brass Transit, the CHICAGO Tribute Band, and performance by Women of Note. • Ocean Avenue between Seacrest Boulevard and SE 1 Street Photos available at www. boyntonbeachcra .com /newsevents.php. Event Information Line: 561 - 742 -6246 All events are free and open to the public. Food concessions available. Please, no pets. ### BOYNTON Media contact: Kathy Biscuiti Special Events Director (561) 737 -3256, ext. 212 FOR IMMEDIATE RELEASE BiscuitiK(c�bbfl.us November 15, 2011 Holiday Extravaganza Free event for the whole family! WHO: Boynton Beach CRA (www.boyntonbeachcra.com) City of Boynton Beach (www.boynton- beach.orq), WHAT: Boynton Beach Holiday Extravaganza, includes the 41 Annual Holiday Parade; Lighting Ceremony of Holiday Tree, and Concert. Bring the entire family and enjoy exciting activities for the holiday season. WHERE: Downtown Boynton Beach WHEN: Saturday, December 3, 2011 SCHEDULE: Annual Holiday Parade — 5:00 p.m. • Parade Route: North along Federal Highway from SE 12 Avenue to Ocean Avenue Holiday Lighting Ceremony— 6:30 p.m. • Ocean Avenue Amphitheater Concert — 7:00 p.m. • A free concert by Brass Transit, the CHICAGO Tribute Band, and performance by Women of Note. • Ocean Avenue between Seacrest Boulevard and SE 1 Street Photos available at www. boyntonbeachcra .com /newsevents.php. Event Information Line: 561 - 742 -6246 All events are free and open to the public. Food concessions available. Please, no pets. ### BOYNTON MEDIA ADVISORY October 26, 2011 INQUIRIES: Margee Walsh CRA Marketing Director 710 N. Federal Hwy. Boynton Beach, FL 561 685 8883 Walsh us BOYNTON BEACH TO CELEBRATE COMPLETION OF SEACREST BOULEVARD'S BEAUTIFICATION PROJECT Spotlight on public art depicting Heart of Boynton community's past, present, and future... ;., .- ...1..,. ,._ ,,, � � 47.: - ;- • .,...,,,. d 4 ': 4 t iNti _ ,, , , ,.. "Butterfly Mandela" By artists Debbie and Len Marucci Cornerstone art piece, located in Boynton Beach's Heritage Park WHO: A partnership with the Boynton Beach Community Redevelopment Agency (CRA), City of Boynton Beach and Art in Public Places WHAT: A ribbon - cutting event is planned to celebrate the completion of Boynton Beach's Seacrest Boulevard's Beautification Project, highlighting the four, new art sculptures The Seacrest Project began in June, 2010, with the CRA and City working to acquire Federal stimulus dollars to support the roadway's $1.9 million revitalization The CRA was also instrumental in securing funds from the project to include a public art element and paid for the artwork's design Elements of the project included installation of raised medians with tropical landscaping, resurfacing of the existing roadway, signage and public art, which is now on display at the intersection of Seacrest Blvd and Martin Luther King Bivds; a neighborhood known locally as the "Heart of Boynton." Members of this unique community worked together with the Arts Commission and local artists Debbie and Len Marucci along with apprentice Jermaine Johnson to design colorful gateway artwork pieces reflecting the area's history and message of hope, peace and promise The artwork consists of four, brightly painted panels made from plasma -cut and anodized aluminum WHERE Heritage Park, Boynton Beach Southwest corner of Seacrest Blvd and MLK Blvd WHEN: Thursday, November 3, 2011 5 00 p m — 6 00 p m Ribbon - cutting at 5 30 p m PHOTO AND INTERVIEW OPPORTUNITY coiesdobaya(a bbl ,s The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 acre district The agency focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods For more information on the CRA. its programs, projects and free special events call (561 1 - d 32;i, or visit 1% 111 11 hot 1Fi<mbeac /JCl2i col/1. # ## 30yNTON te* RA PPM East Side —West Side — Seaside Renaissance Media contact: Margee Walsh Boynton Beach CRA Marketing Director (561) 737 -3256, ext. 204 FOR IMMEDIATE RELEASE walshm(a�bbfl.us October 18, 2011 CRA WELCOMES NEW URBAN - DESIGNED WALMART IN EAST BOYNTON BEACH Supercenter is the result of partnership with State and CRA, creating 150 full -time jobs and revitalizing area Boynton Beach, FL — After almost three years of negotiations followed by a another year of construction, the Boynton Beach Community Redevelopment Agency (CRA) Welcomes a new Walmart atentered into a a direct incentive funding agreement (DIFA) with WaI -Mart Stores East LP for $406,026.00. "The CRA staff worked for nearly three years on this deal with the developer 3600 Holdings and, ultimately Wal -Mart, to build an urban design, full - service Wal -Mart store," stated Jose Rodriguez, Boynton Beach Mayor and CRA Chair. "Our City Commission and CRA board's decision last year to approve this project was a pivotal component of CRA's Federal Highway Corridor Community Redevelopment Plan." The Wal -Mart store, planned for 3629 -3675 S. Federal Highway, will be about half the size of retailer's traditional Supercenters, at 93,755 square feet. The Eastern Store is less than 1 /2 the size of the Wal -Mart located at 3200 Old Boynton Rd. It will feature not only a custom contemporary, urban building fagade, but also the retailer's emphasis on "green" design. Energy- efficient technology and environmentally friendly features will reduce energy use, water consumption and minimize waste. The new store will also The Wal -Mart public art gateway feature named "The Gulf Stream" is installed on the northwest corner of Gulfstream Boulevard and South Federal Highway The words "Boynton Beach" are carefully positioned so that the City's name can be clearly read by northbound traffic entering the City, eastbound traffic on Gulfstream Blvd and by the neighboring Gulf Stream community "The Gulf Stream" by local artist Frank Varga is a public art project that served as a marketing tool assisting to gain acceptance of the Wal -Mart store in the community Its concept was approved by Wal -Mart and the Arts Commission It represents an abstract depiction of two polished stainless steel marlins circling their food depicted by a bronze ball of fish (this is how they actually feed in the ocean) It will be mounted on top of the 3' tiered cement base, LED track lighting will illuminate the ball of fish, lettering and spot lights will highlight the marlins "The Gulf Stream" Wal -Mart public art serves as a gateway welcoming feature for the City It esthetically satisfies the Arts Commission's Visioning Plan to connect the City's "Gateway to the Gulfstream" tagline and supports the City's branding image "The Gulf Stream" also fulfills the Art in Public Places mission statement. The DIFA will provide funding for the creation of 150 full -time jobs, a much needed boost in a community suffering from double -digit unemployment, according to Bright. The CRA Board's approval in 2008 of the Economic Development Plan was part of tree effort to recruit businesses which would provide additional employment opportunities to the CRA District The local population within the CRA District shows 88 9% of the residents with a high school diploma or equivalent. and 23 1% have a bachelor's degree or higher The store will also help to stimulate the local economy by offering competitively priced goods (including groceries) and services to area residents, as well as contribute annually to local charities and schools The retailer donates more than $18 million annually in Florida, alone "This particular site, which borders on the southern gateway to the CRA District and City of Boynton Beach, has been home to a strip dub and an eye -sore and for so many years This project will breathe new life into what is the most used Palm Tran route and a heavily traveled thoroughfare in our city," Rodriguez said The project will result in long -term revenue to support CRA economic development programs, generating $20,301 of new revenue each year to the CRA in the first five years and $60,904 each year, in years five through 10 For perpetuity, the CRA will receive approximately $81,206, which represents the annual tax increment created from redevelopment of the site The Boynton Beach City Commission voted approval of the WaI -Mart site plan at their February meeting in 2010 The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 acre district The agency focuses on creating a vibrant downtown core, providing affordable housing. and revitalizing neighborhoods For more information on the CRA, its events and activities call (561) 737 -3256, or visit www boyntonbeachcra.com. # ## NT i " � , 03 ril A 'C , H NfriN East Sic —West Stce-- Scasde Repa.ssan:e Media contact. Margee Walsh CRA Marketing Director (561) 737 -3256, ext. 214 FOR IMMEDIATE RELEASE Walshm @bbfl us October 3, 2011 CRA ENCOURAGES SMALL BUSINESS OWNERS TO MAKE DOWNTOWN BOYNTON BEACH THEIR NEW ADDRESS Newly launched property database provides inventory of vacant commercial, retail and industrial spaces 4 A, - - amt --,: y + � Y. ra y View looking east of Ocean Avenue in downtown Boynton Beach Boynton Beach, FL — The search for a location to open, or move, your small business has just gotten easier in Boynton Beach. With the idea to fill plenty of vacant storefronts and buildings in the downtown streets, the Boynton Beach Community Redevelopment Agency CRA created a database with approximately 100 listings of available commercial, retail and industrial space located in the Agency's 1,650 acre District. The color -coded list is posted on the CRA's website at www bovntonbeachcra corn/businesses and will be updated on a quarterly basis. With a goal to drive businesses to the downtown area, the CRA took a look at the unoccupied, non - residential spaces, ranging from 700 to 10,000 sq ft, and realized the need to compile this information into a user - friendly format. "As the economy begins to pick up, we want business owners to take a look at Boynton Beach as the location to set up shop," said Mayor and CRA Board Chair Jose Rodriguez. "The property database is a comprehensive snapshot of what's available in our downtown area, whether you want to lease or purchase a building." The CRA will partner with the Boynton Beach Chamber of Commerce and Palm Beach County Business Development Board (BDB) to promote the real estate listings to the business community Individuals who request additional information on any of the spaces will deal directly the property owners. - cont'd- The new database adds to the CRA's portfolio of economic development tools armed at helping small businesses and commercial property owners, located in the Downtown area offset maloi construction and marketing costs These programs include • Business Signage Improvement Grant Program Developed to assist local businesses in improving the exterior of their buildings, specifically focusing on signage • Commercial Facade Improvement Grant Program Assists local businesses in improving the exterior of their buildings • Commercial Interior Build -out Assistance Program Designed to subsidize the initial costs related to the construction and interior finishing of a new or expanding business location • Commercial Rent Subsidy Program Assists new and existing businesses in the form of a rent subsidy during the critical first year of operation. • Downtown Google Map and Video Program, "where he locals go!" Free video - marketing program, linking businesses to online, downtown Google Map The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 -acre distract The organization focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods For more information on the CRA, its programs and events, please stop by the new offices located at 710 North Federal Highway, Boynton Beach, call (561) 737 -3256 or logon to www boyntonbeacrscra com You can also friend the CRA on Facebook 1 or follow them on Twitter # ## ..+ . ++ r - U) 1n to (0 CO In to N O N LL U. .. LL N +-' O) L L 0) C) 0) O) O) 0) O) V a o 0 0 0 LL v 0 0 0 0 0 0 0 0 0 p O J Q J pQ J Q& J LS N J Q ^ n 0. 0- - F -- an m C N L/) (A — y r- r- r N H Oj Q 0 0 0 OlLL $Sto L 0S 0 C 0 LL T 0 V m Q . t` m p . 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W N N N M d d d w N co y O O N M M M M M M M M M M z O 7 0 0001.00 0 U) U) U) )f) U) 7 r c.-...- .- r .- r r r r r r BO YNTON LL BEACH Media contact: Kathy Biscuiti Special Events Director (561) 737 -3256, ext. 212 FOR IMMEDIATE RELEASE BiscuitiKbbfl.us September 26, 2011 Sunday Funday Free event for the whole family! WHO: Boynton Beach CRA (www.boyntonbeachcra.com) WHAT: Family friendly activities including a petting zoo and pumpkin decoration, live music, "Octoberfest food and drink specials and more! WHERE: Boynton Harbor Marina, 735 Casa Loma Boulevard, Downtown Boynton Beach WHEN: Sunday, October 9 from 1 — 4 p.m. WHY: Sunday Funday events showcase the beautiful Boynton Harbor Marina as a downtown destination. The scenic marina, located 1 /2 mile south of the Boynton Inlet, is one of the City's priceless treasures and natural resources. It was purchased by the Boynton Beach Community Redevelopment Agency (CRA) in 2006 to further maximize public access to Boynton Beach waterways, ensuring the title as "Gateway to the Gulfstream" for generations to come. The area is undergoing a four - phase, $6 million renovation project with Phase III, Marina Entry Feature, completed in August 2011. The CRA is working to expand the scope of the Boynton Harbor Marina from a fishing /boating facility to a pedestrian - friendly, downtown destination with dining, shopping business and entertainment attractions. www.boyntonharbormarina.com Boynton Beach CRA: 561 - 737 -3256 x 219 Event Information Line: 561 - 742 -6246 All events are free and open to the public. Please, no pets. The Palm Beach Post Print this page Close Lake Worth's Havana Hideout restaurant sold, expanded menu coming By WILLIE HOWARD Palm Beach Post Staff Writer Updated: 2:51 p.m. Tuesday. Nov. 29, 2011 Posted 1:07 p.m. Tuesday. Nov. 29, 2011 Havana Hideout, the bar and restaurant on Lake Avenue known for live music, tacos and candidate parties following city elections, has been sold. Former employees Shelly Jent and Adam Parker and their business partner, Ben Earhart, formed B.A.M. Restaurant Group to buy the open -air bar and restaurant at 509 Lake Ave. from Chrissy Benoit, who is planning a new restaurant in Boynton Beach. Jent said she and her partners are expanding Havana Hideout's food offerings with lunch specials and food served until midnight and will offer live music every night. It just seemed like the right thing to do," Jent said, referring to the purchase of the restaurant where she had worked for two years. "We're trying to keep it really similar to what it was." Havana Hideout was featured on the Food Network's Diners, Drive -ins and Dives in 2009. Benoit purchased the downtown bar and restaurant in 2006, when it was known as the Lizard Den. Benoit later formed the Adventurous Palate catering company and recently won approval from the Boynton Beach Community Redevelopment Agency to lease the historic Ruth Jones Cottage on Ocean Avenue. Her Boynton Beach restaurant, called The Little House, is scheduled to open in February. Public art puts local touches on new Walmart http. / /www. sun- sentinel.com/ news /palm- beach /boynton- beach /fl- bbf- varga- 1116- 20111116,0,2 771808.story Mike Rothman mkrothmanfdttribune.com Sun - Sentinel, November 16, 2011 4 r '. Frank Varga Not only is there a new Walmart in Boynton Beach at 3625 S. Federal Highway but it also features a welcoming landscape thanks to a project by the city's Community Redevelopment Agency. Margee Walsh, CRA marketing director, said the project, which took a few years come to fruition, was well worth it to spruce up the area near Gulfstream Boulevard. An art sculpture called "The Gulfstream" has been erected by local artist Frank Varga outside the building. Two marlins made of shiny steel circling food represented by a bronze ball of fish adorn the entrance of the building. CRA Executive Director Vivian Brooks said since the site was the former home of a strip club calling it an improvement is an understatement. Green elements add to the aesthetics of the store with ground -up concrete used on the facility and verdant landscaping surrounding the area. "Also, it's not the blue and gray you see from usual Walmarts, and not the typical box - shaped store," Brooks said. Debby Coles - Dobay, the city's public art administrator, said Varga's art attracts those entering the city from the south. She said the public art portion of the project got approval from residents who were weary of the building coming to their neighborhood. Varga has done multiple public art projects since Art in Public Places began in 2005, Coles - Dobay said. He also created a seahorse piece, doubling as a public fountain, that resides in the courtyard by the Boynton Beach City Library, 208 S Seacrest Blvd. For information on the CRA, call 561 - 737 -3256, or visit boyntonbeachcra.com CRA wants to look at narrowing part of Boynton Beach Blvd. from 5 to 2 lanes Page 1 of 1 The Pal n Beach Fk )St Print this page Close CRA wants to look at narrowing part of Boynton Beach Blvd. from 5 to 2 lanes By ELIOT KLEINBERG Palm Beach Post Staff Writer Updated: 8:35 p.m. Friday, Nov. 4. 2011 Posted: 4:15 p.m. Friday. Nov. 4, 2011 In recent years, the city has poured money into beautifying downtown streets with median strips and artwork But one of the biggest eyesores is the stretch of Boynton Beach Boulevard between Seacrest Boulevard and Federal Highway. Now the city's Community Redevelopment Agency is reviving an idea to install medians. bury power lines and expand sidewalks to create open -air destinations and encourage pedestrians. One option: narrow the road from five lanes to two, with left turn lanes. Bad idea, one merchant said Friday. CRA Executive Director Vivian Brooks will ask her board Tuesday to OK $56,000 for a study by West Palm Beach -based Kimley -Horn and Associates that will crunch traffic counts and cost estimates. The plan initially hadn't made the wish list for the CRA's 2011 -2012 budget, Brooks said in a memo. But, she said, it could be time to take another look Right now, she wrote, that stretch has been widened to the max and is framed by parking lots and narrow sidewalks and overhead power lines that are massively unattractive; all -in -all making for a most unwelcoming mat for visitors to our downtown." Brooks said Palm Beach County's traffic division and the Florida Department of Transportation would have to OK the plan which would cost millions. She said she could pursue state or federal money. "This is a multiple -years process," Brooks said Friday. "That's why the longer you wait, you're just delaying it" Larry Feldman, whose building has sat for nearly a decade just west of Federal, loves the idea of beautifying Boynton Beach Boulevard. But he doesn't love narrowing it He's CEO of the Feldman Group and Subway Development of South Florida, which controls some 250 Subway restaurants in five counties. He's about to expand his building from 1,800 square feet to 4,300. He doesn't want traffic crawling past his front door. "Traffic down this strip has always been difficult. There are different ways to beautify it without making it more difficult," he said. "Our heart is with them and their goals. But we just see the negative being overwhelming." The narrowing from five lanes to two is just one option, Brooks said She said engineers could eliminate just one lane, or narrow each lane. "People's fear of creating a traffic nightmare is unfounded," Brooks said. Find this article at: Print this page Close http: / /www. pa lmbeachpost.com/ news /traffic /cra- wants -to- look -at- narrowing - part- of- 1951266.html Boynton Beach swaps park land for local jobs By Erika Pesantes, Sun Sentinel Boynton Beach— The city is swapping park land for local jobs by allowing the landlord of a proposed call center to build hundreds of parking spots for future employees Officials say it's hard to resist hundreds of new jobs in this economic climate, yet some neighbors and environmentalists argue that building 200 parking spots — nearly eight times more than required just for the park — is overwhelming. The city estimates the park alone would have needed just 30 spaces. The call center is moving into a 26,000- square -foot building owned by EWE Warehouse Investments XI in the 3300 block of Quantum Boulevard. The 17 acres of park property is about 500 feet away on the opposite side of the street, abutting a privately owned nature preserve in Quantum Park. The city doesn't have the money to develop the passive eco -park it envisioned there, and would lease 3 acres to EWE for $10 a year for 10 years with an optional 10 -year renewal. Still, creation of the 200 jobs isn't part of the deal for the park land. "The economic impact would be of those people working there that would spend money locally, going to lunch, running errands," Mayor Jose Rodriguez said. "The economy, as a whole, will prosper." "We need to strike a balance somehow," said Commissioner Marlene Ross, whose district includes Quantum Park. "This is a potential 200 jobs. It's hard to say, 'No, you can't do that,' " she said. Still, sacrificing sparse green space for jobs establishes a "poor precedent," said Drew Martin, chairman of the Sierra Club's Loxahatchee Group, which includes Palm Beach County. "What happens if jobs don't materialize and they've given up 3 acres of the park ?" he asked. The 271 -home Parkside community has been eager to have the eco -park built, and the prospect of a lot full of cars is now angering some "People in my development will scream, absolutely scream at that number [of parking spaces]," said Charles Kanter, president of the Parkside Homeowners Association, "I'm going to threaten to resign from the [Recreation and Parks] committee because I would lead the fight against it." Kanter says he's "baffled" at the thought of a company creating a parking lot "in the middle of the woods" for employees. Even though the lease agreement is in place, environmental assessments still are required, the mayor said. The agreement doesn't give the company "carte blanche to go do it tomorrow "Here's the beauty of it Its parking, it's pavement it's not a budding," Rodnguez sato R doesn't take much to remove a parking lot, remove asphalt The reality of it is it is easily resolved " The parking lot would have an eco- friendly design, city Public Works Director Jeff Livergood said The developer would pay the estimated $400,000 construction cost Some environmentalists who surveyed the park and Friday said that while it is full of invasive, exotic species, it nonetheless is dotted with some native oaks and slash pines In my personal opinion, a properly landscaped and buffered parking lot would be infinitely preferable to what's there now Exotics are spreading and have the potential of spreading even further into the preserve," said Lisa Hanley of the Sierra Club, which has not formally taken a position on the land- for -Jobs deal The preserve is coastal scrubland and home to native species such as gopher tortoises which are globally imperiled, she said Hanley said "It won't be a park if it's a parking lot There's no way a reasonable person can expect that," Joanne Davis, of 1,000 Friends of Florida, said "It still troubles me that a local government would take a piece of public land and essentially give it away " The public still benefits from the land deal, says Jim Murley, interim executive director of the South Florida Regional Planning Council and Florida Atlantic University researcher at the Florida Center for Environmental Studies Market forces alone are not going to resolve high unemployment until the economy rebounds, and partnerships between local governments and businesses are important for Job creation until conditions improve, he said "Five years ago when our economy was hot, local governments would not be in the business to worry about this because the private sector would be building everything, " Murley said, "But now, we're totally in a different place " epesantesna tnbune com or 561 243 - 6602 Boynton Beach district may be trimmed to even out representation http / /www paimbeachpost com /news /bovnton- beach- dsstnct- may -be- trimmed -to- even - 1938766 html Safi 0ax0x1 11111111111111110=111111MIM 1111111111111111=1111111111111111111 Mw. ALIX. S 1400X ixxx PXxXxX By ELIOT KLEINBERG Palm Beach Post Staff Wnter Updated 9 43 p m Saturday, Oct 29, 2011 City Commissioner Marlene Ross would represent 3,800 fewer people in a redistricting plan the commission favors. The charter in this city of 68,215 calls for it to make sure districts have equal population. Commissioners redrew districts in 2002 and opted in 2005 to wait for the 2010 census Now, "the current districts are significantly unbalanced," a Florida Atlantic University study says The commission selected one of four options presented in the report, done by FAU's geosciences department for $27,000 It was presented at the commission's Oct 18 meeting The panel is expected to take a final vote in November or December FAU said Distracts 1 (William Orlove) and 3 (Steven Holzman) are nearly even, but District 4 (Ross) has about a fourth more people than District 2 (Woodrow Hay) "This is the driver in all these proposals How do you expand the size of District 2 ?" FAU's James Gammack -Clark told commissioners. "Two has to increase District 4 needs to decrease And it's a domino effect from there." The vote for the option was 3 -2, with Ross and Mayor Jose Rodriguez opposed Ross, re- elected this year, must leave in 2014 because of term limits But she said, "These businesses in my district can be important to a (future) candidate " Commissioners had turned down an idea by Ross and Orlove to tweak the options to put the Renaissance Commons retail area back in District 4 and realign Districts 2 and 3 to make Boynton Beach Boulevard a dividing line Gammack -Clark said the Renaissance option would undo the shifting of 1,200 people, about a third of the proposed migration Shifting District 2's southern border north would do something else commissioners have asked about in the past put downtown and the city's marina in one district, District 3 The shuffle would do little to change historical racial and ethnic lines The city is 30 percent black, but District 2, represented by Hay - who is African - American - is nearly two- thirds black The favored option would drop that, but only to about 56 percent Black ratios in the other districts would be mostly unchanged The city's about 13 percent Hispanic, and the new lines would have almost no impact on the distribution It now ranges from 8 5 percent of District 1 to nearly 16 percent of District 4 represented by Ross, who's Cuban - American as is Rodriguez, who's elected at large The FAU team also tried to place dividing lines along Interstate 95 where possible, rather than the nearby CSX Transportation track, which is "somewhat jagged " Gammack -Clark told commissioners He said residents are "used to traveling around your city by car not by train " elrot_klemberg @pbpost com Ruth Jones Cottage landmark in Boynton will be transformed into a restaurant - - . . Photographer WPTV, Channel 5 Posted 10/28/2011 • By Evan Axelbank BOYNTON BEACH, Fla. - Chrissy Benoit's restaurant on Lake Ave. in Lake Worth is a good preview of the one she plans to open in Boynton Beach for one good reason: it's different "Picnic tables, mosaic tables, this mural is from Havana, Cuba," said Benoit. Havana Hideaway blends in with a city street as well as it does a far -off island. A track record of offering off -beat food and live music is one reason Boynton Beach economic developers went with Benoit's pitch to turn a 1940s home into a contemporary restaurant. "It's got its roots, it's got its bones that have been there for a very long time I just kind of want to build on that," said Benoit. The Community Redevelopment Agency hopes the restaurant that she has named, "The Little House," will be a key part of downtown's revival "What we are trying to do is bring cultural and social activities," said William Orlove, a CRA member in Boynton Beach. In June, the CRA put the Ruth Jones Cottage on lifts and moved it six blocks to the central location of Ocean and Fourth. It's near a few other restaurants and stores. And it joins a new amphitheater, a spruced up marina, and plans for other vacant properties as part of downtown's push back against a sour economy. "Many people think of Boynton as being more of a relaxed, retiree community This is going to start bringing more of a feel of there's activity in the center of Boynton Beach," said Orlove Designers will leave in -tact the old- school feel of the cottage inside, and add an outdoor seating area along with a place for live music. The food? Adaptations of traditional fare to make it different "I'm really hoping to utilize all the energy we have built here at Havana and do something fun there," said Benoit. The CRA believes in the economic benefits of this project so much they're offering her free rent for a year and are using $300,000 in public money to renovate the place The hope is to have it open in February Boynton's Ruth Jones Cottage could open as restaurant this winter Page 1 of 1 !he 1)alln Beac11 1 IOSI Print this page Close Boynton's Ruth Jones Cottage could open as restaurant this winter By ELIOT KLEINBERG Palm Beach Post Staff Writer Updated 10 37 p m Thursday, Oct 27 2011 Posted 8 19 p m Thursday Oct 27 2011 The historic Ruth Jones Cottage might finally start its new life as an eatery and a part of the city's transformation of the Ocean Avenue corridor into a dining and entertainment destination The board of the city's Community Redevelopment Agency has selected the Adventurous Palate Food Co and will start lease talks for it to build a restaurant at the 823 - square -foot home CRA executive director Vivian Brooks said Tuesday the eatery could open by January or February Another deal fell through this summer after the tenant was unable to obtain enough financing The 1940 cottage was moved six blocks in June to Fourth Street and Ocean Avenue, and is undergoing renovations expected to cost the CRA about $300,000 Adventurous Palate would rent the house for free the first year and pay $5 a square foot, plus maintenance and Insurance, each year after that The CRA and the tenant would split the cost of inside designing The board, comprised of city commissioners plus two outside appointees, approved the deal at this month's meeting Chrissy Benoit, who also operates Havana Hideout in Lake Worth, told the board she envisioned "a nice, rustic, Honda style sort of cafe" that would serve lunch and dinner daily and add breakfast on weekends She said meals would average $10 a plate, and she also would offer locally brewed beers The board picked Adventurous Palate over Bruce's Baker to the Stars, a deli and bakery But the panel encouraged Bruce Zipes, whose family also operates locations in the New York area, to consider Instead making a bid to operate at the Magnuson house at 211 Ocean Ave A tenant for that 1,800- square -foot home, built to 1910, pulled out this summer as well, also because of financing Find this article at: Print this page Close http / /www palmbeachpost com /news /boyntons -ruth- hones- cottage - could- open -as- restaurant - 1937782 html h ttn: / /www. nal mheachnost.com/ news /bovntons- ruth - Tones- cottaee- could- open -as -re staur... 10/28/2011 1011th ROVIl11117 pry'. , din 111,11, 111,01 ', „ South Boynton Walmart opens, providing more than 200 local jobs Updated 10 57 a m Wednesday Oct 26 201 Posted 7 10 a m Wednesday Oct 26 2011 Palm Beach Post Staff Writer A cheer rang out from the throng in the new parking lot of the new store "W' AI L MI AI RI Ti° Corporate types and city leaders beamed as giant white scissors cut the ribbon Wednesday morning at the new 24 -hour Walmart Supercenter Most inspiring customers already waiting to get in, five blue and white register lights quickly going on and especially the folks in blue cloth vests and name tags "Jobs That's all you hear them talking about is fobs," Palm Beach County Commissioner Priscilla Taylor smiled "Absolutely That was a selling point," city commissioner Woodrow Hay said He said he made sure Walmart's pitch had included promises of local hires In fact, he said, all but 22 of 250 were local The city commission had given the go -ahead in February 2010 for the 93,755- square -foot discount retail and grocery store at 3625 South Federal Highway, at Gulfstream Boulevard, just north of the Boynton Beach - Delray Beach line The Community Redevelopment Agency helped with financing The panel voted over objections of people in nearby neighborhoods as well as a small unincorporated Palm Beach County pocket and Place au Soleil, the mainland outparcel of the town of Gulf Stream Many complained about the store being open around the clock, they feared an increase in crime and traffic But politicians said it's a vast improvement over what it had been "This corner is done," Mayor Jose Rodriguez said He pointed just to the north where another ribbon cutting is set for Nov 3 for the Seabourn Cove multi- family project "This is really the beginning," the mayor said "Like anything else, you need an anchor This will make the area flourish " As Edifren Bueno's wife and daughter stood watching the ceremonies, he waited in his red car for the doors to open at 8 a m "It's excellent for me because it's close to my house," Bueno said He's lived two blocks away for 25 years and remembers the long -gone Winn - Dixie, and the adult night dub, and the empty lots Now, in the store's southeast corner stands local artist Frank Varga's feature, The Gulf Stream," compnsed of two leaping marlins circling a bronze ball of fish Beneath it, the city's name is spelled out making the feature an entrance sign for Boynton Beach Mara Ecklund, a nurse assistant from Fort Lauderdale, works on State Road A1A, not far from the new Walmart "Are you open ?" she asked new manager Ken Barnes, formerly of Walmarts in suburban Boca Raton and Port St Lucie "Yes ma'am," Barnes said, and Ecklund rushed in Moments later, she was back out . .. i ,n,n, !n /,11 South Boynton Walmart opens, providing more than 200 local jobs Page 2 of 2 "I have to be at work at 8:30," she said in a thick German accent But she took a minute to reach into her plastic bag and pull out what she'd come for an all important tube of red lipstick She smiled and rushed off eliot_kleinberg @pbpost com Find this article at: Print this page Close http / /www palmbeachpost com/ money/ south - boynton - walmart- opens - providing- more - than - 200 - 1934417 html The >� > �� ate;t , Flo �1 t- , � _ Club n woo http : / /www.palmbeachpost.com/money /south - Boynton- walmart- opens - providing- more -th... 10/26/2011 Boynton BCaCb 1I1e� r)rand( ihCi1 io .i Olt 0 p i 121('111)• °•t }tii }; I iorRRla `vitii- - \t wl'' i ',i_' sun- sentinel.com /nevi sipalm- beach /boy nton- beach, 11- T oti. nt i- branding -2_(t i 1 I (12 ( = 4 09 14 ,) or, South Florida Sun - Sentinel.com Boynton Beach tries to brand itself as a diverse playground By l rika Pesantes, Sun Sentinel 7:30 PM EDT, October 24, 2011 Boy nton Beach is aiming sky high with a branding ` initiative that hopes to make the city's name as �, recognizable as Starbucks and FedEx , DON N SI Z E " IVlTHOl T It wants to be among the likes of well -known cities such � UNTAINS ('� } jlO .j I �'. as Denver, The Mile -High City " n ww t,t + t 11F 10.. t'1, 1\ 111 la. Bor nton Beach, now known as "Gateway to the `��' 'i+ I �►t) � 1 1 `'1 Gulfstream," has tried its luck before at generating buzz ! `� - 5 1 -t)4 2 2 r` i 3 by selling gray boxers adorned with the city's sailfish c . * 1 0 1 ` ` "'`' logo and by considering bottling city tap water. - The underwear received much hoopla, recalls Carisse" LeJeune, assistant to the city manager. But it was short- ' " '''', ..., 1 lived and didn't leave a lasting impression iioA nton Beach now wants to change that and is embarking on a branding initiative to update its image from a senior citizens' retirement community to a diverse recreational playground for all to enjoy A lot has changed. officials say, with the burst of commercial developments along Congress Avenue. particularly the former cow pastures now known as the retail /residential complex Renaissance Commons. And there are promises of more with proposed downtown redevelopment underwa\ It's time to spread the message that 13ov mon Beach is the place for parks and recreation, fishing and other water sports, a public marina, dining and shopping and arts and culture, LeJeune said. A consultant is helping the city come up with a brand, which would be unveiled in January "Branding is not a logo. It's not just that picture that you stick up there and say. 'This is Boy nton Beach' because we put it on our stationery," she said, "The brand has to be the essence of what people are going to experience ... It's functional and emotional " Branding the city also is part of an economic - development plan that formally will define the city's identity and eventually help reel in dollars. It's a lofty goal, which officials must deliver on. Vice Mayor Bill Orlove said. "It can't be smoke and mirrors we need to be able to say this is who we are and this is who we are going Boynton Beach tries to brand itself as a diverse playground - South Florida Sun - Sentinel.c... Page 2 of 2 to be," he said. Commissioner Steven Holzman says branding should not be the focus, but instead building up and improving the infrastructure so visitors can be convinced that what they see matches the image being conveyed. "In my mind, we're kind of fiddling around and Rome is burning," he said. The Palm Beach Count- Convention and Visitors Bureau has simultaneously launched a campaign promoting 15 districts within the county, including Boynton Beach, which it used as the first district to market with a website and a "Breeze into Boynton" logo that has is being used on luggage tags. "The process of building up a destination from a location to a destination is a long process. There's a lot of growing pains a destination has to go through to achieve that status," Smith said. It's a long journey, but it's worth it, says Boynton Beach Chamber of Commerce president Glenn Jergensen. "Rebranding is not something you do overnight," he said, "Look at Apple." cj e nteslasoil i w coin or 561- 243 -6602 Copyright © 2011, South Florida Sun-Sentinel http: / /www. sun - sentinel. com / news /palm- beach /bovnton- beach/fl- boynton- branding- 2011... 10/25/2011 Affordable Habitat for Humanity plan in Boynton Beach draws opposition By Erika Pesantes Sun Sentinel Neighborhood activists oppose an affordable - housing development planned in Boynton Beach by two nonprofit groups including Habitat for Humanity, with one community leader likening the deal for home buyers to "sharecropping " Despite the need for new affordable housing those against the project are concerned that buyers will own their houses but not the and Habitat for Humanity of South Palm Beach County and Boynton Beach Faith Based Community Development Corp are planning the 21 home Ocean Breeze West development on Seacrest Boulevard between Boynton Beach and Martin Luther King Jr boulevards in the Heart of Boynton redevelopment neighborhood Boynton Beach Real Estate Real Estate Buyers Martin Luther King Jr Delray Beach Mergers Acquisitions and Takeovers The plan has been approved by the city Community Redevelopment Agency which is offering the and for affordable homes The developers are establishing a community land trust Home buyers would buy their homes but lease the and for 99 years This Habitat for Humanity says would ensure affordable housing for generations Buyers may sell their homes, but the groups would maintain control over who moves ,n Neighbors argue that the project does not allow for true homeownership and buyers perpetually are renters Victor Norfus, vice chairman of the city Community Relations Board compared the arrangement to sharecropping "That was a perpetual way of keeping people poor " he said Habitat for Humanity should act more like a homeowners association and less like a landowner if it wants to maintain a stake in the community, said Willie Aikens, president of the Heart of Boynton Beach Community Association It could manage and maintain the property without keeping ownership of the land he said Although redevelopment in the Heart of Boynton is welcome this is a "large leasing program' and a raw deal he said For the home buyers -- who must meet income requirements — the deal includes an interest -free 30 -year mortgage and property taxes based only on and improvements but not on the land itself Habitat for Humanity Executive Director Mike Campbell said Ocean Breeze West is the largest project of contiguous homes undertaken by the local Habitat for Humanity which also has built housing in Delray Beach and Boca Raton he said 'We want to ensure affordability for perpetuity," Campbell said "If land costs go up like in 2005 to 2007 our homes would not be out of grasp for people looking for homeownership opportunities ' The organization's mission isn t for homeowners to turn a profit on their homes Campbell said There are a half -dozen land trusts in Palm Beach County, he said Habitat for Humanity formed its own in May Land trusts essentially restrict the resale value of the home, Campbell said Previously, Habitat for Humanity had no control over whether its homes remained "affordable" for future low- income families A land trust ensures that, Campbell said Not owning the and will save buyers up to $30,000 on the purchase cost For about $100,000, homes will be 1,200 -1,600 square feet with at least three bedrooms and two baths and a garage Community leaders want a neighborhood meeting to express their concerns Campbell says he would attend The Heart of Boynton community has been disillusioned by developers that have not delivered on their promises Campbell says Habitat is trying to complete a project that has been talked about for years Ocean Breeze West would be built on the site of the Boynton Terrace public - housing project that was demolished in 2006 CRA Executive Director Vivian Brooks says these two nonprofit organizations were selected to build a development that promoted home ownership because the community originally was concerned about having another rental property in an area where half the housing already is rental she said "Obviously, for neighborhood stability, you want to change that," she said, "This is America People have choices No ones forcing anyone buy there " So far, 18 applicants have qualified for Ocean Breeze West and 28 more are being vetted Income restrictions for homeowners would allow, for example, a family of four to qualify with an income of no more than $42,000 The agreement with the CRA calls for the 21 homes to be under construction by December 2013 and for all to be complete by June 2014 Habitat for Humanity next month plans seek approval for the first two homes In the last decade or so, Habitat for Humanity has built 43 homes in Boynton Beach and completed 90 in southern Palm Beach County Delray CRA shifts away from traditional role to help businesses thrive Agency leaders are focusing on economic development rather than fixing up old properties "ttp ,'tit'w or,anaoserinel comtnewsJccalifi- oeira� ra- econommc- Jevelooment -251 1 1010 3 5704066 sto. By Marla Herrera, Sun Sentinel 10 49 p m EDT, October 10, 2011 The Delray Beach Community Redevelopment Agency is shifting its focus from its old model — improving infrastructure — to attracting new businesses and keeping established businesses alive during a sluggish economy And it's catching on The Boynton Beach CRA is offering similar programs and in Boca Raton, officials hope several projects have the same economic development effect "A lot of it is to create a healthy economic environment," said Delray Beach CRA Executive Director Diane Colonna "Infrastructure improvement is really intended to attract private investment It's not just to make things look better " Since 2009, Deli ay Beach has been aggressively developing incentives that can attract and retain businesses. It amended its redevelopment plan — buying and refurbishing homes, repairing sidewalks, improving street lighting, and fixing parks — to include economic development as a tool to drive out blight Frank Schnidman, director of the Center for Urban Redevelopment Education at Florida Atlantic University, said many agencies statewide are funding programs such as Delray Beach's, even when there are federal and state agencies such as tourist development or economic development councils already funding such projects "Is it appropriate? Only when you can directly tie it to the alleviation of slum and blight," Schnidman said "The message is 'We'll take care of the public estate so that the private estate knows we're serious ' " Schnidman said the programs tend to work better when there is infrastructure to support it, like in Delray Beach's case, where officials have spent the last 25 years redeveloping Atlantic Avenue and the surrounding neighborhoods "It's not that Delray is following a trend, they are setting t6he trend," he said Incentive programs for new businesses include a job-creation bonus program, designed to help non - retail businesses that create new jobs, rent - subsidy programs and facade improvement grants There's also the relocation and development program, which pays non - retail businesses relocating to the city up to 20 percent of the relocation costs Anthony's Coal Fired Pizza recently received a grant to build a deck and Avenue Pilates received a grant to pay for renovations when it moved from Atlantic Avenue to a deteriorating building on South Federal Highway Also, Ming restaurant in the city's Pineapple Grove area received a rent subsidy for six months, said Delray CRA Project Coordinator Elizabeth Butler. "It can help a business make a decision to come to Delray as supposed to going to another city," Butler said Butler said the CRA gave $23,000 to four businesses under the rent assistance program last year and another $78,000 to seven businesses for exterior improvements Boynton Beach offers several similar programs aimed at helping businesses thrive in the downtown area Artist Debbie Brooks, owner of The Beachcomber, was the first to receive Boynton CRA's rent subsidy for a year to open her art gallery and studio. "It would have been a little bit more difficult to open," without the subsidy, Brooks said "I 1 was in between staying in Boynton Beach or moving to Lake Worth." , i Boynton Beach CRA Development Director Mike Simon and CRA Finance Director Susan Harris said the agency has been focusing on both developing infrastructure while offering small businesses programs that can help them get established Boca Raton is still following a more traditional approach, investing heavily in infrastructure, said Boca Raton Downtown CRA chairwoman Constance Scott The improvements to Palmetto Park Road, the downtown's promenade and the purchase of Mizner Park Amphitheater have spurred economic activity, Scott said "We hope the promenade will encourage businesses to be attracted to the downtown area and create an atmosphere of the vibrant downtown we're trying to achieve," she said CRA to showcase the 'new downtown' with upcoming events http /iwwww .sun- sentmel.cominewslpatm- beach /boyntan- beach /fl- bbt- aowntown -1005- 20111005,0.932221 story Mike Rothman mkrothman@ tribune com The Boynton Beach Community Redevelopment Agency is putting together a slew of free events for residents to enjoy in the coming weeks The first is Sunday Funday set for 1 to 4 p m Sunday to show off the Boynton Harbor Marina, 735 Casa Loma Blvd , which is getting a facelift. Kathy Biscuiti, the CRA's special events director, said Two George's Restaurant is doing all the food and drink with an Oktoberfest theme, including live music and family activities "There is a full petting zoo with goats, lambs and baby ducks, and then those medium pumpkins for kids to decorate and take home," she said The marina is in the midst of a $6 million renovation and the CRA wants to attract locals and visitors alike to shop and dine in the new downtown The next event is the Downtown Open Market from 11 a m to 6 p m Oct 16 at the Boynton Beach Civic Center, 128 E Ocean Ave Biscuits said at the beginning of the year, one of the markets took place at the Boynton Woman's Club, 1010 S Federal Highway, and CRA Executive Director Vivian Brooks was in attendance "She [Brooks] said, 'We have to get together with them [the market], "' Biscuits said We decided to go forward with October, November and December with these " There are open markets to follow on Nov 20 and Dec 18 Admission is free "They have all kinds of specialty arts, vintage clothing, handmade crafts, natural bath and body products, specialty pet items, baked goods, music and the gourmet food truck. which Is an event in itself," she said For information, call the CRA event information line at 561- 742 -6246 or visit downtownopenmarket com WPBF.com Boynton Beach Launches New Property Database Small Business i ness Owners Can Use New Website .7 $ _ To Find New Home f # Angela Rorter, Reporter 1 POSTED 5 16 pr EDT October4 2011 Are r.51V: BOYNTON BEACH, Fla. -- The city of Boynton Beach has come up with an idea to fill empty stores and bring new business to the community. The Community Redevelopment Agency has set up a property database that provides inventory of vacant commercial, retail and industrial spaces. "At the end of the day, we're trying to track businesses and residents to our downtown Boynton Beach, and so this facilitates it," said Mayor Jose Rodriguez. "It helps people find it easier. So now when they drive by they go, 'Wow, look at this great marina. Look at this great strip mall. I wonder if it's available? I wonder if I can bring my business here ?'" The CRA created a database with about 100 listings of available locations in the agency's 1,65o -acre district. The color -coded list is posted on the CRA's website. Sharon Grcevic, the owner of Boynton Beach Realty, thinks the database will help attract new business to downtown. "I think it's wonderful. I think it's absolutely wonderful," said Grcevic. "Boynton Beach is such a great city. It still kind of has that old -time feel. So you don't realize how big it. We definitely need more in this downtown corridor." Copyright 2011 by WPBF.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. 1 he )) ht '°1 13% t? Wig(' Aip,( Boynton Beach sees hope for undeveloped eyesore By ELIOT KLEINBERG Palm Beach Post Staff Writer Updated 5 58 p m Sunday Oct 2, 2011 Posted 5 44 p m Sunday, Oct 2 2011 As depressing eyesores go, you couldn't do much worse than 500 East Ocean Its not that the lot, along North Federal Highway and south of Ocean Avenue, is full of dunked cars or trash Rather, its 4.7 downtown acres that. in the heady days of the boom, would have made a developer drool Six years after mom - and -pop shops were razed to make way for a grand village of condominiums, apartments restaurants and shops, nothing is there This summer, it fell to a foreclosure judgment Now, a bank official says the site is under contract and a deal could be closed by the end of the year That couldn't come soon enough for the city's Community Redevelopment Agency. It sees the site as part of a grand vision of Boynton Beach as a destination "We're very encouraged That means somebody's hopefully going to do something with it," CRA Executive Director Vivian Brooks said last week . "It's a very large site, and it's on our key intersection downtown " It couldn't come too soon for neighbors "The empty lot makes it look like a ghost town," said Grace Marquez, co -owner of FSB men's store across the street. "Especially over all these years " As far back as the 1990s, city leaders envisioned a "specialty marketplace " In 2002, Boynton Ventures I LLC, a partnership that included former West Palm Beach Mayor Nancy Graham, agreed to buy the parcel from investor Christiane Francois The $105 million The Arches would feature 76 residential units, 40,500 square feet of retail space and 12,000 square feet of commercial space. In July 2004, Francois posted a chain Zink fence around the lot and told about two dozen tenants to be out in 90 days We had some nice neighbors across the street," Marquez said We were a little community " Later that year, Francois refused to sell, saying Boynton Ventures was a day late in exercising its option Graham sued, and a judge forced the sale Graham and her husband later sold their interest to business partner Ryan Weisfisch But nothing happened and that led to the foreclosure This year, PNC Bank, holding a $16.9 million loan, won a foreclosure judgment With more than $2 million in interest, late charges and legal fees, the total was $20 34 million In July, Capstone Resdev, a PNC subsidiary, bought the site at auction Bob Gassie, an Orlando -based Capstone vice president confirmed the contract but would not divulge the buyer and didn't know what's planned. For now, store owner Marquez still looks at an empty field. She said her strip installed awnings for a quaint look, "but with nothing across the street, it's tough." Find this article at: http / /www palmbeachpost com /news/boynton- beach - sees - hope- for - undeveloped- eyesore- 1891357 html Pint this page Close Can't see the images? Click here for the web version of this e-mail. `II I Fitkt � ,r. • d � MARINE & TACKLE F ISHI F0AT OFFSHORE G The story this week seems to be that the dolphin are out View or submit fishing photos there, but they are scattered Off Jensen Beach, Henry Caimotto, owner of the Snook Nook, says if you go out trolling, you should eventually hook up, but there has been no rhyme or reason as to where the dolphin are the past few days Also, don't be surpnsed if you catch a blackfin tuna or sailfish while you're out trolling for dolphin in that area Caimotto says the bottomfishing has been excellent up that way, and that fishing the 6 -Mile Reef or 8 -Mile Reef will produce "loads of snapper, sea bass, grouper and ®/} . c ; ; c` tacks." Use squid or pinfish for bait Dock and dine on the water The dolphin bite is hit or miss off Jupiter as well, but Pete Schultz of Fishing Headquarters says your best bet is running and gunning" between 500 and 1,000 feet He says there are some blackfin and skipjack tuna outside the 300 -foot range, and suggests keeping a feather (under 3 inches) in the water while going out or coming back from dolphin fishing Capt Tore Tumey caught 25 dolphin while trolling in 600- 850 feet off Palm Beach over a two -day span All the fish i�� .e� "atlr' were under 15 pounds Where to launch ynur boat There are still some tuna around, but the wahoo and kmgfish halve been scarce and the bottomfishing has slowed significantly. The dolphin are scattered off Boca Raton, too, but you'll likely have to run 12 -20 miles offshore for a decent bite, �. says T J. Snadrews of Ray's Offshore Tackle. Andrews says the swordfish bite has been good during the day between 1,600 -1,800 feet and that it's picking up at night between 1,200 -1,500 feet. He's also seeing some sailfish around 150 feet, and blackfin tuna and _ bonita from 125 -300 feet. Kingfish are also showing up on iag- tiagiaggggis the reefs again. Get all your weather info here Join Us for SUNDAY FUNDAY FIAV ..w Crick t Pere for BBCRA site INSHORE t.yg1g.a�.:ri�i�. ■ With the mullet still very much around, it's no surpris See the sea that the beaches of Palm Beach County and the Treasure Coast are loaded with not only this bait fish, b6t also snook and tarpon. In Jensen Beach, you'll also find large jack crevalle on the beach. Caimotto says there are plenty of trout and redfish in the rivers as well. Pitch your bait in 3 feet of water and you should have some fun. Caimotto says there are also great numbers of black drum, snapper, sheepshead and snook near Boy Scout Island and the power plant. The bridges are loaded with snook and tarpon, too. Schultz says there is some great fishing along the beach from Stuart Inlet to the Juno Pier, with lots of tarpon and bluefish running early in the moming. "There are some bluefish, tarpon and pompano off Hobe rp p p Sound public beach, and ladyfish up to 5 pounds," he said. The snook fishing is great around the bridges of the Intracoastal Waterway at night as well. Night fishing is working best in the Lake Worth Lagoon also, especially around the Lake Avenue Bridge Local angler Bill Cresswell says he's also been seeing (, some ladyfish around. rc 1 BE A, PART OF THE FISHING REPORT ' Call us now at 561 .820A295 The Palm Beach Post �� REAL NEWS STARTS HERE FRESHWATER The fishing has slowed a bit on Lake Okeechobee and the bass are scattered, but guide Mike Shellen says you can still catch good numbers of bass if you cover a lot of ground, or if you happen to stumble into some schoolies He's finding a lot of bass in the grass along the edges but wams you'll catch a lot of small ones before you get a big one A lot of fishermen are catching small bass and loads of bluegill using fly rods in the canals They are pitching river cnckets and small poppers, according to Shellen The fishing has slowed down on Lake Osborne as well, but Andy Alvarez of X Generation Rods says you can still catch some nice bass and good numbers of them in 6 -10 feet using worms. He says fishing the banks is a waste of time, especially dunng the day, and that jerk baits and spinner baits aren't working very well. although you might have some luck using them at night "You're best bet is to get out nght after it rains," he said "Always look for running water, and fishing the bridges so be productive Guide Butch Moser says the fishing is picking up on Lake Ida, and that he's seeing some good largemouth bass and some sunshine bass early in the morning He says just about any bait is working nght now and that the canals and bndges are producing a lot of fish, some up to 5 pounds sr., z c cE I Sa1�. 1 or 1 , ice Thanks for reading Tuppen's Weekly Fishing Report member Center 1 Visitor Agreement 1 Privacy Policy 1 Customer Servrcf Subscribe. to The Palm Beach Post 1 Advertise with art. ABOUT THIS EMAIL You received this e-mail because you are or have been a subscriber to one of our other e-mail newsletters, participated in one of our online contests, or registered with one of our sites To opt out of these special announcements and offers. please reply with UNSUBSCRIBE in the subject line Boynton Beach CRA board OKs $7.3 million budget http / /www palmbeachpost com /news /bovnton- beach -cra- board- oks- 7- 3- million- 1859106 html By ELIOT KLEINBERG Palm Beach Post Staff Writer Updated 11 16 p m Wednesday, Sept 14, 2011 Posted 10 57 p m Wednesday, Sept 14, 2011 BOYNTON BEACH — The city Community Redevelopment Agency board, meeting Tuesday night, unanimously approved the agency's $7 3 million general fund budget. The group, sitting as the city commission, will vote on ratifying the budget at its regular meeting Tuesday. The budget is down from $7.7 million last year, reflecting the decline in the city's property values The CRA board also approved a one -year contract for Executive Director Vivian Brooks. Brooks will be paid $115,000, the amount she's been earning since she was made interim director in October after the board voted not to renew Lisa Bright's contract Bright was paid $128,125. The CRA board is composed of city commissioners plus two outside appointees. Walsh, Margee From: Phyllis Maas [pmaas@maasmedia com) Sent: Monday, December 05, 2011 11 24 AM To: Walsh, Margee Subject: RE Revised contract Thank you Margee i r, i was quick `et's plan on moving forward on discussing our creative direction or the campaign to Doc. —cte the merchants /'destlnat;on on Wednesday Couple rJf th ,vt need to 7 �CuS� ' Are we going to work with Breeze Into Boynton as our main headline or create a new headline and use that as the payoff Since they are building a web ',Ito for that we might want to keep the brand. Any chance you cap, find out more about the site before band as a thought When 'promoting :he merchants tivi we 00 co -op adverts, n , wit( a. Stores iS Restau'an i M'sc businesses i e cleaners shoe repair, spa 4 How often to you envision running your media plan e Monthly, quarterly ..00k forward to seeing you soon Ohy<<�s Ph .xllis L. Maas \IaasMedia. Inc. 1860 Forest Hill Blvd. °suite 204 \\ est Palm Beach, FE. 33406 561.433.4334 ext. 101 maasmedia.com Please note Mir nett* ,oiite r22ltRhei' From: Walsh, Margee [marlto:WalshM @bbfl.us] Sent: Monday, December 05, 2011 11:11 AM To: pmaas @maasmedia.com Subject: Revised contract Margee Walsh CRA Marketing Director 0 (561) 737 -3256, ext. 204 C (561) 685 -8883 WalshM@bbfl.us www.boyntonbeachcra.com Be sure to follow the CRA on Facebook and Twitter! http / /boyntonharbormarnna corn Page 2 of 3 Sara the Bareode ;sills lour smart phone and read about amities grain:' on at the Bottum Harbor Marina.. "rout tropical port for fun!" From: Phyllis Maas [mailto:pmaas @maasmedia.com] Sent: Monday, December 05, 2011 11:03 AM To: Walsh, Margee Subject: RE: CRA lunch meeting Ht Margee. I understand. Wednesday is good for me right now. ni see you then. Thanks so much. Phyllis PS — I have not received a signed contract from VII/ as of yet. Can you send that today? 433 -1809 Phyllis L. Maas MaasMedia, Inc. 1860 Forest Hill Blvd. Suite 204 West Palm Beach, FL 33406 561.433.4334 ext. 101 maasmedia.com Please note our new suite number. From: Walsh, Margee [mailto:WalshM @bbfl.us] Sent: Monday, December 05, 2011 10:59 AM To: pmaas @maasmedia.com Subject: CRA lunch meeting Hi Phyllis, 1 just found out the Mayor would like me to attend a lunch meeting with him tomorrow, Tuesday I am sorry this note is so last minute, but that is how he operates O Would you be able to reschedule our meeting for 1 00 p m on Wednesday, or Fnday Thanks very much Margee Walsh CRA Marketing Director 0 (561) 737 -3256, ext. 204 C (561) 685 -8883 WalshM @bbfl.us www.boyntonbeachcra.com Be sure to follow the CRA on Facebook and Twitter! http: / /boyntonharbormanna.com 12/5/2011 "Scan the Barcode with your stnan phone and read about activities going or, at the Boynton Harbor Manna your tropical pon Ir; fun," BOYNTO N . cR A BEACH CRA BOARD MEETING OF: December 13, 2011 Consent Agenda I X Old Business I I New Business I I Legal I I Executive Director's Report SUBJECT: Consideration of Amendment to Development Agreement with Habitat for Humanity of South Palm Beach County for Ocean Breeze West SUMMARY: The CRA entered into a development agreement with Habitat for Humanity of South Palm Beach County Community Housing and Land Trust, Inc. on August 24, 2011 to develop 21 single - family homes on the Ocean Breeze West site. The response to the RFP issued by the CRA stated that all of the 21 homes would go into a community land trust. The Development Agreement also stipulates that all 21 homes will be placed in the land trust. The Heart of Boynton community opposes the land trust concept. As a compromise to the community, Habitat will agree to allow the homes developed by their partner, the Boynton Beach Faith -Based CDC, not be placed in the community land trust if the CRA Board agrees to this change as well. The CDC is developing the homes for families earning between 50 — 120% of area median income. However, if the homes cannot be sold as fee simple, there is still the flexibility that they can be sold as land trust homes FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Amend the Development Agreement to allow for flexibility of having ten of the Tots not to be sold as land trust homes but rather as fee simple. Vivian L. Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \December 2011 \OBW Agreement Amendment doe 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 Flonda Statutes (hereinafter "CRA ") and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, INC. (hereinafter "LAND TRUST") having an address of 181 SE. 5 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 LAND TRUST and LAND TRUST 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 LAND TRUST 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 LAND TRUST. 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 LAND TRUST has signed the Agreement. 5. LOT DRAW DOWN PROCEDURE. LAND TRUST 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. LAND TRUST shall identify which lots it intends to close on. The CRA shall prepare for a closing and notify LAND TRUST of the closing date. 6. TITLE TO BE CONVEYED. At each closing, CRA shall convey to LAND TRUST, 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 LAND TRUST fails to object, or which LAND TRUST agrees DEVELOPMENT AGREEMENT (revised by DJ 7 Page 2 of 13 to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. INVESTIGATION OF TNl? PROPERTY. During the term of this Agreement ( "Feasibility Period "), LAND TRUST, and LAND TRUST'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, " Agents "), shall have the right, at LAND TRUST'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 1T investigations, which LAND TRUST may deem necessary. During this Feasibility Period, LAND TRUST may elect, in LAND TRUST'S sole and absolute discretion, to terminate this contract. If LAND TRUST elects to terminate this Agreement in accordancc with this Section, LAND TRUST 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 LAND TRUST'S testing and investigation; and (iii) release to CRA, at no cost, all reports and other work generated as a result of the LAND TRUST'S testing and investigation. LAND TRUST hereby agrees to indemnify and hold CRA harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attomey's fees, for nonpayment for services rendered to LAND TRUST ( 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 LAND TRUST'S investigation of the Property. LAND TRUST'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. CRA hereby agrees to indemnify and hold LAND TRUST 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 LAND TRUST'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 Anil 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 LAND TRUST the following documents and instruments within five (5) days of the Effective Date of this Agrecment: 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, LAND TRUST shall obtain, at the LAND TRUST'S expense, from a Title Company chosen by LAND TRUST (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure LAND TRUST 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 DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 3 of 13 or exceptions in Schedule B of the Title Commitment. LAND TRUST 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 LAND TRUST has to the condition of title (hereinafter "LAND TRUST'S Title Objections "). If LAND TRUST fails to deliver LAND TRUST'S 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 LAND TRUST timely delivers the LAND TRUST'S Title Objections, then CRA shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the LAND TRUST'S 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 LAND TRUST'S Title Objections within the Cure Period to the satisfaction of LAND TRUST, then LAND TRUST, in LAND TRUST'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, LAND TRUST 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. LAND TRUST, at LAND TRUST'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 /100th 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. LAND TRUST specifically acknowledges and agrees that the CRA shall sell and LAND TRUST shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the CRA'S representations and warranties specifically set forth in this Agreement LAND TRUST is not relying on any representations or warranties of any kind whatsoever, express or implied, from the CRA its agents, officers, or DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 4 of 13 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 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. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §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 §172.101) 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. LAND TRUST 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 LAND TRUST 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 sane on the date of Closing as on the Effective Date, reasonable wear and tear excepted, DEVELOPMENT AGREEMENT (revised by DJ 7/2711: Page 5of13 9. CLOSING DOCUMENTS. For each lot closing, 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 LAND TRUST the following documents and instruments: 9.1 Deed. A Quit Claim Deed (the "Deed ") conveying to LAND TRUST 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 LAND TRUST 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 famish to LAND TRUST 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 LAND TRUST 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 LAND TRUST 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 LAND TRUST shall each be responsible for it's respective attorney fees and costs. DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 6of 10.3 Closing Procedure. LAND TRUST shall fund the Purchase Price of $10.00. CRA and LAND TRUST (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 LAND TRUST, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 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 LAND TRUST, 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 LAND TRUST's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of LAND TRUST, subject to the provisions of Paragraph 12.3 below, neither LAND TRUST 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 LAND TRUST shall also be responsible for the removal of any Liens asserted against the Property by persons claiming by, through or under LAND TRUST, 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, LAND TRUST may, at its option: (1) declare CRA in default under this Agreement by notice delivered to CRA, in which event LAND TRUST may terminate this Agreement and neither Party shall have any further rights hereunder. DEVELOPMENT AGREEMENT (revised by DJ 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, retum 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 LAND TRUST: Michael Campbell 81 SE. 5th Avenue 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 LAND TRUST, which shall not be unreasonably withheld. LAND TRUST may not assign this Agreement to any other party without the prior written approval of CRA which 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, LAND TRUST may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement, or LAND TRUST may accept the Property without any reduction in the value of the Property. DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 8 of 13 16. BROKER FEES. The Parties hereby confirm that neither of than 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 LAND TRUST acknowledge that the Property is being sold to LAND TRUST 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 LAND TRUST FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, INC. Its accessors and or assigns in perpetuity to ensure future affordability of the homes. 18.1 Construction. LAND TRUST agrees to construct twenty-one (21) single - family homes pursuant to the construction schedule and requirements provided herein. LAND TRUST 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. DEVELOPMENT AGREEMENT (revised by DJ 7/771 t Page 9 of 3 3 • 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 8 Avenue and one a NW 1 Street. Signs to be constructed of concrete and must be at least four feet high by five feet wide. i, 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, LAND TRUST must obtain CRA Board approval of the design of all model homes. LAND TRUST 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 LAND TRUST within five (5) business days of the CRA Board meeting where the approval was voted upon. 19. LAND TRUST. LAND TRUST agrees to that all twenty-one (21) lots will be transferred into the LAND TRUST for Humanity of South Palm Beach County Community Housing and Land Trust, Inc. Its accessor's and or assigns and that all the lots shall remain the property of a 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 ground lease ( "Ground Lease "). 19.1 Maintenance. As the manager of the Land Trust, LAND TRUST agrees to maintain the common areas of the Property and each individual lot within the Property once each lot is developed, in perpetuity. LAND TRUST shall enforce the teens of the Ground Lease at all times. 20. REVERTER. Subject to terms 21.13 below, in the event LAND TRUST fails to adhere to the timeline outlined in Section 18.1, and LAND TRUST has not provided CRA with a written notification as to the reason explaining that circumstances not under the control of LAND TRUST have prevented LAND TRUST from meeting the timeline which in the 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 LAND TRUST in working within the timeframe set forth above, but LAND TRUST 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 LAND TRUST provided LAND TRUST has 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 DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 10 of 13 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 CRA to LAND TRUST. 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 m 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 Distnct 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 DEVELOPMENT AGREEMENT (revised by DJ 7/2711 Page 11 of 13 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. 21.7 Waiver of Jury Trial. As an inducement to LAND TRUST agreeing to enter into this Agreement, LAND TRUST 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 LAND TRUST'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 Majeure - The parties shall not be liable for any delay in performance or failure to perform any term or condition of this Agreement caused by (i) fire, (ii) explosion, (iii) accident, (iv) flood, (v) strike, (vi) any regulation, rule or act of governmental agency precluding performance, (vii) any act of God, (viii) armed conflict, or (ix) civil commotion. SIGNATURES ON FOLLOWING PAGE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. LAND TRUST CRA LAND TRUST FOR HUMANITY BOYNTON BEACH COMMUNITY OF SOUTH PALM BEACH COUNTY REDEVELOMENT AGENCY COMMUNITY HOUSING AND LAND TRUST, INC By. By: --- �.. Print Name: Pi -c1 '. ! 0,4,14e, Print Name: Jose, •guez Title: Pees a.•if Title: Date: uI 11/ Date: 3h/ Witnesses: i L . . l Approv . i t• • an s egal sufficiency: CA AA CRA • ttorney H :119981980465.BBCRA\H4H Developers Agreement Clem Vasion.doc DEVELOPMENT AGREEMENT (revised by Di 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 , BOYNTON c =BEACH CRA BOARD MEETING OF: December 13, 2011 1 Consent Agenda 1 X i Old Business 1 1 New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Consideration of Amendment to Development Agreement with Habitat for Humanity of South Palm Beach County for 4 lots in the Martin Luther King, Jr. Corridor SUMMARY: On November 9, 2010 the CRA Board and Habitat for Humanity entered into a Development Agreement for four lots in the Heart of Boynton (Attachment 1). Habitat has not started the homes in the time frame dictated by the Development Agreement. A letter was sent to Habitat by the CRA Executive Director notifying them that they must explain why they were not meeting the terms of the Agreement (Attachment 2). In response the attached letter was received (Attachment 3). Habitat plans on starting construction on 310 NE 11 Avenue and 228 NW 6th Avenue (lots 1 and 2 on the attached map) upon approval of home designs. However, due to the location of two of the lots (lots 3 and 4 on the attached map), Habitat is requesting to swap these lots for two lots on NE 11 Avenue which are adjacent to other single - family homes. Habitat does not feel that the two lots on NE 9 and MLK are sufficiently redeveloped at this time to encourage families to invest. Also attached Is a home design for the Boards consideration If the Board approves the design, Habitat will move forward with applying for building permits. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Approve the home design and allow Habitat to proceed with construction of the two homes and to swap the two parcels; 235 NE 9 Avenue and 308 E. Martin Luther King for two parcels with the stipulation that all four homes are completed by June 30, 2012. - -- O- - -- Viviar�i L Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \December 2011 \Habitat 4 HOB Lot Amend doc B oy N To N 110 = B E Ac H 4 A, October 25 2011 Mr Peter Blacklock, President CERTIFIED MAIL Habitat for Humanity of South Palm Beach 181 S.E 5 Avenue Delray Beach, FL 33483 Re: Development Agreement between Habitat and Boynton Beach CRA dated November 9, 2010 Dear Mr Blacklock, This is to inform you that Habitat for Humanity of South Palm Beach is not in compliance with Section 5 (a), (b), (c), (d) and (e) of the attached Development Agreement The CRA has not received written notification, pursuant to Section 6 of the Development Agreement for the reason of the delay in meeting the timeline of the Development Agreement Please provide to the CRA in writing the reason for the delay and a new timeline for development of the four lots within fourteen (14) days of receipt of this letter Sincerely, �� Az-//7/--"A /, 1 Vivi L. Brooks Executive Director 770 \orth Federal litghwa) Boynton Beach, FL 33435 Office 561 -3" 3256 l.aa 56" )- klAVV, bovntonbeachciacom South Palm Beach ( aunty Ir • i nt Habitat for Humanity October 28, 2011 Vivian L. Brooks Executive Director Boynton Beach CRA 710 N. Federal Hwy BOARD OFFICERS Boynton Beach, FL 33435 Doug Parker, President Diana Hrleman, Esq Vice Piesident Dear Ms. Brooks and the CRA Commission: Jonathon Goodman, Treasurer Habitat for Humanity of South Palm Beach received the non compliance letter dated Peter slackl °ck, r` October 25' 2011. Please accept our apologies for the failure to communicate in a Past President p Steve Echols, 2" Past timely manner in regards to the compliance issues. It is our goal to always fulfill our r nt commitments in a timely manner. Lou rioccardo Daniel M Castnllon The properties in question are: Rev Clarence Ellington 08- 43- 45- 21 -07- 002 -1140 — 228 NW 6th 08- 43- 45- 21 -04- 000 -0130 — 308 E. Martin Luther King Blvd Jean Evans 08- 43- 45- 21 -18- 000 -1640 — 235 NE 9 t1i Ave Bill Fagin 08- 43- 45- 21 -22- 004 -0080 — 310 NE 11 Ave Enc Forti 08- 43- 45- 21 -22- 004 -0091 — NE 11 Contiguous to 310 NE 11 Rick Howard Michael Luciano According to the developer agreement Donald "Chip" Misch #5a the documents for construction were not submitted in the allotted time. We have Mike Owen plans for 228 NW 6 Ave. attached for approval. Pam Owens Steven Pumik #5b normally a sign is placed on each lot under construction and due to our projects Scott Sullivan closing out at 11 and Railroad we neglected to move the sign locations. The new signs are attached for your approval and will be placed on both 310 NE 11 Ave. and Yanneth Villareal 228 NW 6 Ave. upon approval and making of the appropriate signage. Bill Wood Executive Director #5c Construction plans will be submitted for permitting after approval of the CRA Michael Campbell staff. #5d December construction commencement as outlined in the agreement. The construction will begin on 228 NW 6th Ave. #5e We currently have 19 qualified buyers for our 15 CRA sites located in the Boynton Beach. A copy of the official iegistiatron and financial information may he obtained trom the division of consumer services by calling toll -free within the state of Florida 1- 800 - 435 -7352 Registiaiion does not imply endorsement, approval, of recommendation by the state Habitat foi #5f -g should not be any concern and we should meet all other required commitments 310 NE 1 l th Ave has been held off due to the Ocean Breeze West Project. We wanted to make sure that the home design was similar to our NE 11 Ave homes. We anticipate that this home start will occur in July 2012 rather than December 2011 so that we can get some of our construction goals under way to allow for the successful completion and the fulfillment of the NSP 1 commitments that are required in the Ocean Breeze West project. 235 NE 9 and 308 E Martin Luther King Blvd are two properties that will need some time. We have been offered an opportunity to swap these two properties for contiguous lane on NE 1 1 Ave next to the property at 310 and a property on NE 12 In both cases the properties on NE 11 and NE 12` Ave are far more desirable for family growth and development than either of the two lots on NE 9' and Martin Luther King. We would like your permission to make the land swap and get those homes moving with the 310 NE 1 1 ` Ave properties We would anticipate no further construction on NE 9 Ave or Martin Luther King Blvd until the blighted homes and apartments are removed and some sort of famil\ type environment is instilled Please accept my humblest apologies for the lack of communication on the Affiliates part with regards to the progression of construction and the development of - Affordable Housing "" in the Heart of Boynton Beach. We are committed to helping improve and grow your mission to improve the Boynton Beach Community In Regards: Michael Campbell A copy of the otfulal leglstlauon and llnanual 1)1onnatlon obtained hum rile ,11 1 01 UIn,tnel St It ic h; . allmg toil -n, hill Habitat y for Humanity of South Palm Beach County www.habitatsouthpalmbeach.org Property Donated by BOYNTON BEACH r RA Chairman Jose A. 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Bock, CLERK & COMPTROLLER DEVELOPMENT AGREEME. Th224 - 234; (llpge) This Development Agreement (hereinafter "Agreement ") is made and entered on this 7 day of A)®veoftice-, 2010 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 HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. (hereinafter "DEVELOPER "), having an address of 181 SE 5 Avenue, Delray Beach, Florida, 33483. WHEREAS, on this date, CRA and DEVELOPER has entered into a Purchase and Sale Agreement (hereinafter the "Purchase Agreement") by virtue of which CRA sells to DEVELOPER four (4) parcels of real property located in the City of Boynton Beach and more particularly described in Exhibit "A" (hereinafter the "Property") for the sole purpose of developing, constructing, marketing and selling single family homes to first -time home buyers. In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. Development and Sale of the Property. CRA and DEVELOPER acknowledge that the Property is being sold to DEVELOPER for construction of four (4) single family homes to be sold to families whose income does not exceed 120% of Median Household Income for Palm Beach County as set by HUD. 2. Construction and Sale. DEVELOPER agrees to construct four (4) single family homes pursuant to the construction schedule and requirements provided herein. DEVELOPER must construct alI four (4) homes within twenty -four (24) months from the Closing Date set forth in the Purchase Agreement. Each home may not exceed a sale price of One Hundred Twenty Thousand and 00 /100 Dollars ($120,000.00). Each home must be sold to an income eligible first -time homebuyer, as defined by the City's SHIP guidelines) and must be occupied by the owner. DEVELOPER agrees to provide CRA a zero interest second purchase money mortgage in the amount of Twenty Thousand and 00/100 Dollars ($20,000.00) as security for a subsidy loan for each Property, under the terms and conditions set forth in the Promissory Note and Second Mortgage attached hereto in Exhibit "B" in conjunction with the resale of the property to the home buyer at the time of their closing. 3. 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. Three (3) bedrooms with one (1) master bedroom. b. Two (2) full bathrooms including one (1) in the master bedroom. Boynton Beach CRA Development Agreement Page 2 of 7 c. The master bedroom must be a minimum of 13'x 14' and must contain a walk -in closet. d. Double kitchen sink. e. Interior and exterior light fixture package. f. Ceramic tile in the entry way, kitchen and bathrooms; carpet elsewhere. g. Appliances must be new and include: washer, dryer, self - cleaning range, range hood, garbage disposal, refrigerator with ice maker and water line, and ceiling fans in all bedrooms and living room. h. Wiring for alarm system, cable, internet and phone. i. Window treatments must be mini - blinds or upgrade. j. Automated in- ground sprinkler system, including swale. k. One -car garage. 1. Impact- resistant windows (Dade County standards). ' m. Landscaping must exceed City of Boynton Beach code requirements. n. Overall design of each home must confirm to the design recommendations in the Heart of Boynton ( "HOB ") Community Redevelopment Plan and the HOB Master Plans and Schematic Designs. 4. CRA Design Approval. CRA shall have the right to approve of the design of each home and such approval shall be provided in writing to DEVELOPER within three (3) business days of receipt of final plans. 5. Development Timeline. The following events must be documented in writing and provided to the CRA upon completion of each. Time is calculated from the Closing Date set forth in the Purchase Agreement. a. Completion of construction documents within six (6) months (stamped plans shall be submitted to CRA). b. Permitting and installation of project marketing sign (to include CRA'S logo and CRA board members' names) and shall be pre - approved by CRA within six (6) months. Boynton Beach CRA Development Agreement Page 3of ' c Construction permit for the first home to be issued within nine (9) months, Copy of permit to be provided to CRA d Commencement of construction within twelve (12) months (photographs of site and/or written description of progress to be provided to CRA) e Qualification of Buyers within twelve (12) months (copy of private mortgage funding commitment and documentation proving buyers qualify to income limits as set above to be provided to CRA). f. Certificate of Occupancy to be provided within eighteen (18) months g. Homes must be conveyed to buyers within twenty-four (24) months (copies of closing statement, proof of income qualification and executed deeds shall be provided to CRA). 6 Quit Claim Deed DEVELOPER hereby agrees to execute a Quit Claim Deed to CRA on the Closing Date set forth in the Purchase Agreement If the timeline outlined in Section 5 above is not strictly met, and DEVELOPER has not provided CRA with a written notification as to the reason explaining the circumstances, not under the control of DEVELOPER, that have prevented DEVELOPER from meeting the timeline. then CRA shall record the Quit Claim Deed and property shall revert back to the CRA CRA agrees to work reasonably with DEVELOPER in working within the timeframes set forth above, but DEVELOPER and CRA agree that time is of the essence. Furthermore, if each home is not sold to income - qualified buyers as defined herein, CRA shall record the Quit Claim Deed and the property shall revert back to CRA. If Property reverts to CRA, CRA shall complete the construction of the home and satisfy any outstanding construction loans held by DEVELOPER and shall reimburse DEVELOPER from the sale of the homes if there are sufficient funds at the time of sale. If the Property is developed and sold as outlined in this Agreement, CRA shall return the Quit Claim Deed to DEVELOPER 7 Recording of Agreement. DEVELOPER and CRA agree that this document shall be recorded in the Public Records of Palm Beach County. 8. MISCELLANEOUS. 8 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 Boynton Beach CRA Development Agreement Page 4 of 7 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. 18.2 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. 18.3 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. 18.4 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. 18.5 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. 18.6 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the DEVELOPER 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. Boynton Beach CRA Development Agreement, Page of 7 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above BOYNTON BEACH COMMUNITY REDEVELOMENT AGENCY Witnesses °Y 0(.23 r /�c`' /-6,e, / & - yl ' Print Name � p. r f't�'" (, i S 14 BJose Rodriguez. Chairman Witnesses. / t jr,�..� Print Name ,e.l / �, -. "___ Date /7 - -e.." HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY INC W itnesses• _ 0. Print Name: _ By: Syik51251352533, President Witnesses .(. _- Gzcc- -4' Print Name. f'i 'Kt 14. 11 kaw, .c, Date , , , . Approved as to f9 m and legal sufficiency Jam- A Cheroti C Attorney Boynton Beach CRA Development Agreement Page 6 of 7 Exhibit "A" Legal Description Parcel 1: Lot 114, Block B of BOYNTON HILLS, according to the Plat thereof, as recorded in Plat Book 4, Page 51 of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-21-07-002-1140 Parcel 2: Lot 13, less the North 10 feet thereof, ROBERT WELLS SUBDIVISION, as recorded in Plat Book 11, Page 66 of the Public Records of Palm Beach County, Flonda. Parcel Identification Number: 08- 43 -45- 21 -04- 000 -0130 Parcel 3: Lot 164 of ARDEN PARK, according to the Plat thereof, recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08- 43- 45- 21 -18- 000 -1640 Parcel 4: Parcel A. Lot 8, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH, FLORIDA, according to the plat thereof, as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach County, Florida. Parcel B The East one half (1/2) of Lot 9, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH, FLORIDA, according to the Plat thereof, as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach County, Flonda. Parcel Identification Number; 08- 43- 45- 21 -22- 004 -0091, 08- 43- 45- 21 -22- 004 -0080 Boynton Beach CRA Development Agreement Page 7 of 7 Exhibit "B" Promissory Note and Second Purchase Money Mortgage 1 Development Agreement doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Homebuyers Assistance Program PROMISSORY NOTE $20,000.00 Boynton Beach, Florida , 2010 FOR VALUE RECEIVED, (the "Borrower ") promises to pay to the order of the Boynton Beach Community Redevelopment Agency, Florida public body corporate and politic created pursuant to Section 163.356 F.S., (the "Lender "), at 915 South Federal Highway. Boynton Beach, Florida 33435 or such other place as the Lender hereof may, from time to time, designated in wnting, the principal sum of TWENTY THOUSAND AND 00 /100 DOLLARS ($20,000.00) together with interest, if any, the aforesaid principal sum as hereafter provided to be paid in lawful money of the United States of America, which shall be legal tender in payment of all debts and dues, public and private, at the time of payment under the following terms and conditions: 1 This is a zero interest deferred payment loan for a fifteen (15) year term, issued under the guidelines of the Homebuyer Assistance Program Agreement in connection with that certain Development Agreement by and between the Boynton Beach Community Redevelopment Agency and the Habitat for Humanity of South Palm Beach County, Inc. dated November , 2010 (hereinafter the "Agreement ") 2 On this date, Borrower, a first -time homebuyer, is purchasing a real property located at , Boynton Beach, Florida (the "Property "), and the loan proceeds shall be applied to the purchase price of the Property 3 Borrower shall occupy the Property as his/her principal residence at all times during the term of the Loan In the event the Property is leased, sub - leased or otherwise devised or assigned to any person or entity during the term of this Loan, then the principal shall become due and payable in full Borrower shall repay the full value of the Note to Lender. 4. Borrower shall submit proof of residency to the Lender annually by the anniversary date of the closing. 5. In the event of a voluntary sale or foreclosure, Borrower shall provide notice of same to Lender who shall have the right of first refusal to purchase the Property from the Borrower for the fair market value of the Property as determined by a current certified appraisal. Lender shall have forty-five (45) days from the date of receipt of intent to sell with a copy of the proposed contract to determine whether to exercise its right to purchase hereunder by sending written notice to the Borrower (it being understood that Lender's purchase price shall be the lesser of that set forth in said appraisal or proposed contract). Such notice shall reserve thirty (30) additional days for Lender to complete all necessary preparations and close. 6. In the event Borrower elects to refinance the Property, Borrower shall repay the entire principal balance due to Lender. 7 Borrower shall perform, comply with and abide by each and every agreement, stipulation, condition and covenant in this Note, the Mortgage and the Homebuyer Assistance Program Agreement executed by Borrower simultaneously herein. 8. In the event, any sum or money herein referred is not promptly paid within thirty (30) days after the same becomes due, or if each and every agreement, stipulation, condition and covenant of said Agreement, Note and the Mortgage, are not fully performed, complied with and abided by, then the entire sum unpaid thereon, shall forthwith or thereafter, at the option of the Lender, become and be due and payable, anything Page 1 of 2 in said Note or herein to the contrary notwithstanding. Failure by the Lender to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or the mortgage accrued or thereafter accruing It is hereby agreed that in the event default be made in the performance or compliance with any of the covenants and conditions of any security agreement now or hereafter in effect securing payment of this Note, or upon any default in the payment of any sum due by Borrower to Lender under any other promissory note, security instrument or other written obligation of any kind now existing or hereafter created, or upon the insolvency, bankruptcy or dissolution of the Borrower hereof, then, in any and all such events, the entire amount of principal of this Note with all interest then accrued shall, at the option of the holder of this Note and without notice (the Borrower expressly waives notice of such default), become and be due and collectible, time being of the essence of this Note. If this Note shall not be paid at maturity or according to the tenor thereof and strictly as above provided, t may be placed in the hands of any attorney at law for collection, and rn that event, each party liable for the payment thereof, as Borrower, endorser, or otherwise, hereby agrees to pay the holder hereof, in addition to the sums above stated, a reasonable sum as an attorneys fee, which shall include attorneys fees at the teal level and on appeal, together with all reasonable costs incurred After maturity or default, this Note shall bear interest at the highest rate permitted under then applicable law As to this Note and any other instruments securing the indebtedness, the Borrower severally waives all applicable exemption rights, whether under the State Constitution, homestead laws or otherwise, and also severally waives valuation and appraisement, presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note, or any payment hereunder, may be extended from time to time without in any way affecting the liability of the Borrower This Note is prepayable in whole or in part at any tune without penalty Nothing herein contained, nor in any instrument or transaction related hereto, shall be construed or so operated as to require the Borrower, or any person liable for the payment of the loan made pursuant to this Note, to pay interest In an amount or at a rate greater than the highest rate permissible under applicable law Should any interest or other charges paid by the Borrower, or any parties liable for the payment of this Note, result in the computation or earning of interest in excess of the highest rate permissible under applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the pnncipal balance shall be paid by the holder of the Borrower and any parties liable for the payment of the loan made pursuant to this Note, it being the intent of the parties hereto that under no circumstances shall the Borrower, or any parties liable for the payment hereunder, be required to pay interest in excess of the highest rate permissible under applicable law This Note is to be construed according to the applicable laws of the State of Honda and the United States of America and venue shall be in Palm Beach County, Flonda BORROWER: - Name H12010 \ 100536\ 10 - 10 - 13 Promissory Note doc Page 2 of 2 This Instrument was Prepared By. Annabelle Barboza, Esquire GOREN, CHEROF, DOODY & EZROL, P A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Homebuyers Assistance Program SECOND PURCHASE MONEY MORTGAGE THIS SECOND PURCHASE MONEY MORTGAGE is made and entered into this day of , 2010 by , a man (hereinafter referred to as "Mortgagor ") and the Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163356 F.S., whose post office address is 915 South Federal Highway, Boynton Beach, Florida 33444 (hereinafter referred to as 'Mortgagee "). WITNESSETH WHEREAS, Mortgagor has simultaneously herewith, executed, and delivered to Mortgagee that certain Promissory Note (the "Note ") dated of even date herewith, in the principal amount of TWENTY THOUSAND and 00 /100 DOLLARS ($20,000 00) payable in accordance with the terms and provisions as particularly stated therein, which matures on or before the maturity date set forth in the Note, which Note shall include any modifications, extensions, or renewals thereof, and, which Note, by reference is made a part hereof to the extent as though set out in full herein. NOW, THEREFORE, to secure the performance and observance of all covenants and conditions in the Note and in this Mortgage, and in all other instruments securing the Note, and in order to charge the properties, interest. and rights hereinafter described with such payment, performance and observance, and for and in consideration of the sum of Ten and no /100 ($10 00) Dollars paid by Mortgagee to Mortgagor this date, and for other valuable considerations, the receipt and sufficiency of which is acknowledged, Mortgagor does hereby grant, bargain, sell, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warrant. and confirm unto Mortgagee, all the certain land of which the Mortgagor is now seized and in possession situate in Palm Beach County, Florida (hereinafter referred to as "Property "), more particularly described as follows. [LEGAL DESCRIPTION] Property Address: , Boynton Beach, Florida This is a Second Mortgage, subordinate and infenor to that certain First Mortgage in the principal amount of $ in favor of , dated and recorded in Official Records Book , Page of the Public Records of Palm Beach County, Florida. TO HAVE AND TO HOLD the same, with the tenements, hereditament, and appurtenances thereunto belonging, and the rents, issues and profits thereof, unto the Mortgagee, in fee simple. AND the Mortgagor covenants with the Mortgagee that the Mortgagor is indefeasibly seized of the Property in fee simple; that Mortgagor has good right and lawful authority to convey said Property as aforesaid; that the Mortgagor will make such further assurances to perfect the fee simple title to said Property in the Mortgagee as may reasonably be required; that the Mortgagor hereby fully warrants the title to said Property and will defend the same against the lawful claims of all persons whomsoever; and that said land is free and clear of all encumbrances, except for the First Mortgage above referenced. AND the Mortgagor hereby further covenants and agrees to pay promptly, if due, the principal and interest and other sums of money provided for in said Note and this Mortgage, or either, to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property, to permit, commit or suffer no waste, impairment or deterioration of said land or the improvements thereon at any time, to keep the buildings now or hereafter on said land fully insured in a sum of not less than the full insurable value in a company of companies acceptable to the Mortgagee, the policy or policies to be held by, and payable to, said Mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the Mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to the Mortgagor for any surplus; to pay all costs, charges, and expenses, including lawyer's fees and title searches, reasonably incurred or paid by the Mortgagee because of the failure of the Mortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenants of said Note and this Mortgage, or either, to perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants set forth in said Note and this Mortgage or either In the event the Mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue of said note and this mortgage, or either, the Mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date hereof at the highest lawful rate then allowed by the laws of the State of Florida IF any sum of money herein referred to be not promptly paid after the same becomes due as a result of the sale or transfer of beneficial interest in property by Mortgagor, or if each and every the agreements, stipulations, conditions and covenants of said Note and this Mortgage, or either, are not fully performed, complied with and abided by, then the entire sum mentioned in said Note, and this Mortgage, or the entire balance unpaid thereon, shall forthwith or thereafter, at the option of the Mortgagee, become and be due and payable, anything in said Note or herein to the contrary notwithstanding Failure by the Mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or this Mortgage accrued or thereafter accruing IN WITNESS WHEREOF, the said Mortgagor has hereunto signed and sealed these presents the day and year first above written Signed, sealed and delivered MORTGAGOR: in the presence of Name Print Name Print Name ^� STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me on this day of , 2010 by , who is personally known to me or has produced a Florida Driver's License as identification. NOTARY PUBLIC H'12010i 100536110 -10 13 Second Mortgage doc 2 of 2 110111111101011111111111101101 11111111 CFN 20100456692 OR B1{ 24226 PG 0221 This Instrument was Prepared by: RECORDED 12/81 /201fl 15:14:58 Palau Beach County, Florida Annabella Barboza, Esquire Sharon R. Bock, CLERK & COI(PTROLLER GOREN, CHEROF, DOODY & EZROL, P.A. Pgs 0221 - 223; (3pgs) 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 PCN: 08- 43- 45 -21 -07- 002 -1140 08- 43- 45- 21-04- 000 -0130 08-43-45-21-18-000-1640 08 -43- 45 -21- 22-004 -0080 08-43-45-21-22-004-0091 WARRANT Y DEED THIS INDENTURE made on this 2 4 day of November, 2010 by and between the Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163356, Florida Statutes (hereinafter the "Grantor ") whose post office address is 915 South Federal Highway, Boynton Beach, Florida 33435, and Habitat for Humanity of South Palm Beach County, Inc., a Florida non -profit corporation (hereinafter the "Grantee ") whose post office address 181 SE 5` Avenue, Delray Beach, Horida 33483. WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid by Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to Grantee and Grantee's successors and/or assigns forever the following described real property situate, lying and being in PALM BEACH County, Florida, to wit: SEE EXHIBIT A LEGAL DESCRIPTION SUBJECT TO restrictions, reservations, easements and limitations of record, if any, and taxes for the current year and subsequent years. And Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and year first above written. Signed, sealed, and delivered BOYNTON BEACH COMMUNITY m the presence of: REDOPMENT AGENCY Witness / (- 7 By: Jose Ro •.: _ • � : ' 11 an , � v /ilsis.. (Print Name) W A 4-9 /2 rS (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH �1 The foregoing instrument was acknowledged before me on this < 26_ 6 day of November, 2010 by Jose Rodriguez, as Chairman of the Boynton Beach Community Redevelopment Agency Board, on behalf of the Agency, who is personally known to me or has produced a Florida Driver's License as identtfcation NOTARY PUBLIC SWAN E.HAMS Mobil PliNe - 0pM N Florid • t" w _ Oct 17, 2011 c Cr i won 1 DD /MN + 111011 M1 7 M11.N111te No aryAson 2 of 3 Warranty Deed EXHIBIT A LEGAL DESCRIPTION Parcel 1: Lot 114, Block `B" of BOYNTON HILLS, according to the plat thereof, as recorded in Plat Book 4, Page 51 of the Public Records of Palm Beach County, Florida. Parcel 2: Lot 13, less the North 10 feet thereof, ROBERT WELLS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 11, Page 66 of the Public Records of Palm Beach County, Florida. Parcel 3: Lot 164 of ARDEN PARK, according to the plat thereof, as recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Flonda. Parcel 4: 4 -A. Lot 8, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH, FLORIDA, according to the plat thereof, as recorded in Plat Book 5, Page 84 of the Public Records of Paim Beach County, Florida. 4 -B. The East Half (1/2) of Lot 9, Block 4 of MEEKS AND ANDREWS ADDITION TO THE CITY OF BOYNTON BEACH, FLORIDA, according to the plat thereof, as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach County, Florida. H \2010 100536\Closmg Documents\Warranty Deeddoc 3 of 3 Warranty Deed BOYNTON cRA =BEACH CRA BOARD MEETING OF: December 13, 2011 Consent Agenda IX I Old Business New Business I Legal I I Executive Director's Report SUBJECT: Consideration of Uses for Additional TIF revenue in the amount of $150,000 1. Heritage Fest a. 2012 b. 2013 2. Kinetic Symposium 3. Events 4. Marketing 5. Economic Development SUMMARY: Due to changes in the millage rate for the City and County, the CRA's revenue increased by $220,000 after the 2011/2012 Budget was adopted. $40,000 of the funds was allocated to increased DIFA payments, $150,000 was allocated to potential redevelopment of the Old High School, and $30,000 was allocated to the Boynton Beach Boulevard. Board members have requested that the following projects be considered for funding 1 Heritage Fest - The Heritage Fest committee is requesting $25,000 for a Friday and Saturday event See attached letter and budget from the committee. 2. Kinetic Symposium — The Arts Commission is requesting $26,050 from this year's budget and $5,000 from next year's budget for the Kinetic Symposium to be held in February of 2013. The funding requested would be for deposits for artists who would be speaking and displaying their art and to produce marketing materials to promote the event. The event is to take place in the downtown area in February of 2012. The marketing materials need to be produced prior to the event for distribution See attached schedule and sponsorship request. Staff would like to make the following additional recommendations for funding at this time: 3 Events — 14 new events were added this fiscal year. If Heritage Fest is added, that will bring the total of events to 25. Staff would like to add additional activities to Sunday Funday and the Downtown Open Market to make the events more exciting and successful Staff also recommends more radio advertising to increase awareness of and attendance at events. Total Request - $20,000. 4. Marketing - We are pursuing the creation of a downtown merchants association and marketing cooperative. We also want to provide more support for merchant events like the Ocean Plaza events and the Artists Garage sale. Currently, the Marketing Incentive Program is funded for only $20,000 which will yield about four marketing efforts throughout the years. Staff would like to T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \December 2011 \Use of Add TIF Revenue doc allocate additional funds to provide assistance with marketing for merchant drive events Testa€ Request - $20,000 5. Economic Development — So far, there has been a strong demand for the CRA's Economic Development grants since the beginning of the fiscal year $210,000 was budgeted for all of the CRA economic development programs Since October 1 we have utilized over 50% of the allocated funding Total Request - $25,000 FISCAL IMPACT: To be determined CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Staff recommends the following 1. Heritage Fest — Staff recommends the attached staff development budget and program for the event Also, that staff procure all elements of the event since public funds are involved Because this is a public event, staff does not recommend a banquet unless participants pay the cost of the food and beverages or a sponsor is found to cover the expense for this portion of the event Staff also recommends that no City staff be personally paid as part of the event All paid participants must complete a W -9 and present an invoice only to the CRA prior to the event in order to participate Since this event was not in the CRA budget the HOB committee must have their volunteers (200 stated by Committee) at both Friday and Saturday to run the events Staff feels that all elements of the event with the exception of the private dinner can be done for $8,100. 2 Kinetic Symposium — Total cost for this fiscal year is $26,050 The Arts Commission plans on asking the CRA to support this event in FY 2012 -2013 in the amount of $5,000 for the balance of the artist speakers 3 Events - $20,000 4. Marketing - $20,000 5 Economic Development - $25,000 Total Recommended Uses - $99,150 Balance remaining - $50,850 r Vivian L Brooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 2012 Boarc Meetings \December 2011 \Use of Add TIF Revenue doc , lffillw nG tl ,ia is ' November 29, 2011 To the CRA Board Members, This letter is to inform you that we the members of the Heart of Boynton Community Association (HOB) are in the process of planning the multi - Cultural Heritage Festival for all people in Boynton. At this time, we need your assistance. Because of the economy we have not been able to solicit enough donations or contributions from the public. The Heritage Festival would be held on Ocean Ave this year. The Night of Joy will start after 4pm on Friday, February 17th, 2012 along with the Concert on the Ave sharing the stage. The Heritage Festival would participate by inviting local schools to do their dances, songs, band routines and other local talents. We will need approximately $1,000 for drinks to disperse to the students, parents, teachers and any who participate or come. The Concert on the Ave will share the stage. On Saturday, February 18 the Heritage Festival would like to have the use of the Civic Center for our indoor activities such as the cake -bake off competition, debating contest and community talent. The Heritage Festival would need the outside facility for vendors face painting, book give away, bounce house, horseshoes, checkers, jump rope, domino's, etc. This space will also include inspirational speakers, DJ, city personnel, certificates, signs and other needed items. We are asking the CRA for the total amount at minimum $25,000 to be spent on a city wide multi - cultural Heritage Festival located on Ocean Ave. We will include every citizen with presentations from all cultures in the Heritage Festival activities. We continue to solicit ideas and people to work with us on the Heritage Festival for 2012. Our goal is to make it bigger, better and more multi - cultural inclusive than ever before. We look forward to hearing from you, the CRA board, respectively, concerning the asked funding of $25,000 which is detrimental to the Heritage Festival being a success for Boynton Beach. Included is the needed $10,000 for City personnel on Friday night February 17 for food and $1,500 for activities, etc. The estimated total for Friday & Saturday is $25,000. Thanking you in advance Sincerely (JAkt, Clavett Heart of Boynton Neighborhood Association Willie Aikens - President BUDGET OUTLINE Estimated Costs for Proposed Fveni Program: Heritage Festival, tentative for February 17 & 18t''' 2012 Dramatic Plays and Dance (different cultures) $ 300.00 Three (3) Inspirational Speakers $ 600.00 Three (3) School Chorus /Groups $ 300.00 Food and Water for 200 Volunteers $ 400.00 Bounce House and Trackless Train $ 1,250.00 Family and Adult Games $ 300.00 Music Disc Jockey (DJ) $ 1,500.00 Photographer (Photo and Video) $ 800.00 Live Band $ 1,500.00 Children's Books 250 -1000 $ 500.00 Signs and Advertisements (4 signs and flyers) $ 1,500.00 Ground Decorations $ 500.00 Art Exhibit material and Instructor $ 350.00 Awards, Ribbons, Prizes and Certificates $ 1,000.00 Double Dutch Jump Ropes and Hula Hoops $ 300.00 Magicians, Balloons and Face Painting $ 1,000.00 Radio, TV, Newspaper, Posters $ 1,000.00 Security $ 3,500.00 Dumpsters (4) @ $65 each $ 400.00 Media Relations "MC" $ 1,350.00 City Workers, Utilities and Parks $ 1,500.00 Sound System w /Generator $ 2.000.00 Toilets (5) and 1 handicap unit $ 450.00 Center (stage) $ 700.00 Night of Joy — Food $ 2,000.00 TOTAL: $ 25,000.00 HERITAGE FESTIVAL 2012 Budget Saturday, February 18, 2012 School chorus /dance groups) $600 00 (six groups @ 100.00 each Bounce House & Trackless Train $265.00 Rock - climbing Wall $500.00 Sports Center Play Station $300 00 DJ or radio personality $500.00 Live Band $750 00 Clown w /Balloon Animals & Face Painter $800.00 Craft Station w/ volunteer $150.00 Jump Ropes & Hula Hoops $75.00 Photographer - Charlie $200.00 Four signs and 1000 flyers $1,000.00 PBPost ad and calendar listings $750.00 Security - PD $1,000 00 City Workers $250.00 Port -o -lets $450 00 Books for Schools - Myra $500 00 $8,090 00 Friday, February 17, 2012 Band and all set -up paid for by CRA Additional community groups on this budget. Heritage Festival Friday, February 17, 2012 4 -9 p.m Ocean Avenue Amphitheater 4 — 5:30 p.m. School Chorus Groups (2 -3 groups) Heritage Festival volunteers will coordinate the chorus groups. 6 — 9 p.m. Concert Band provided by CRA; staff will coordinate Saturday, February 18, 2012 11 a.m. — 4 p m. Ocean Avenue Amphitheater and Ocean Avenue Heritage Festival volunteers will need to be on -site at 9 a.m. to set up tents, tables & chairs and coordinate school /dance groups Tents will be set up for Cake Bake -off, Clown for balloon animals /face painting and Craft Station. Amphitheater /Stage will be used for band, DJ or Radio personality and Chorus /dance groups. We recommend Patrice from B106.3 to introduce all groups and keep the crowd interested while keeping up the pace of the program. Bounce House and Rock Climbing Wall will be placed in front of playground next to the Civic Center; Trackless Train (figure 8 from CC driveway to Museum driveway) and Sports Game Center on Ocean Avenue. Jump ropes and hula hoops will be provided for the children. Food and drink vendors will be on -site; tables and chairs will be placed by vendors. Police Officers will be on -site; barricades will be provided on Thursday for placement on Saturday. Restrooms - Amphitheater and 6 port-o -lets will be available. Photographer will be on -site Flyers and posters will be printed for distribution; One newspaper ad will be created; calendar listings and media advisories will be created and distributed; event will be listed on CRA website: four 4x4 signs will be updated Site map will be provided. Z_ LAI VI Q 03 Q U. LY V1 W D VI Z O N VI M H O, W J 0 Z p H Vf W Q p Q J Z O Z Z * J < to �C H Q 0 Q W J Q W O W J IJJ Q W ac z Y z 3 ¢W p � I- CC I- u CO W LA' a m Q u = Omu O u Oz Q Y Q V Q W O 0 J W m cc m u O u. cca IAu i- u u J X C ''' 0 • I O * If: 1 M ZW t- NI- V1H ICWWH N Q1 = V C •+ d C E 1 O .- J a A ,� C. Q. a ■ E . • i A w Co 'a C O : r ' ¢ W a H — 1 X _ X N y� ce W ray ^Y W n c-0 ._ 0 I @ Z v v Q iu W Q ■ V I- LA 1 > I W o o, z s 2 V N Q t; = Q Q x x x • a+ v+ nY Y 1 W 1 + Z L i J J z to W >, • V W 0 • 3 a 41 Q a Z >. J Z Q 1 a W W Y 0 V Q. 0 in LU *4 LO CC I .1. I VI I— mJ > KINETIC SYMPOSIUM COST BREAKDOWN FOR CRA FUNDING REQUEST MARKETING MATERIALS .i roducxtron begio March 201 Kinetic Art Symposium Souvenir Show Book Show book is a symposium souvenir merchandise item that will make a return on its investment (ROI) Propose to pant 3,000 quantity, 1,000 of which will be given to participating artists, vendors. entertainers sponsors and VIP officials, 2,000 will be for sale under $20.00 each to the public. The souvenir show book includes information about Kinetic Art, its history, the Kinetic Symposium's artists, artworks speakers, presenters, entertainment and sponsors. It will include a Kinetic Art DVD in the back pocket of the souvenir show book Cost for 3000 Quantity 1 Pre - Production of 64 page show book $ 6,250 00 2. Book Print Production 3m $ 9,100 00 3 CD -Rom (or DVD Pre - Production $ 2.450 00 Replication $ 1 450 00 Total Cost , 5 19.250.00 R.O.I. - Unit Sale Price of 2000 show books $19.99 totals $39,980 Net Profit $20 730 Production to begin March 2012 Kinetic Art Symposium Program Brochure 3,000 quantity four color two sided brochure. Production and printing 1.000 00 Production to begin March 2012 Kinetic Art Symposium VIP invite 250 four color two sided 4" x 6" invites mailed to VIP guests. Production and printing c 100 00 Production to begin March 2012 Symposium Signage 40 two color two sided symposium signage 30" x 20" Production and printing s; 700 00 ARTIST PRESENTERS & ENTERTAINERS Five International Kinetic Artists to attend Kinetic event to present symposium topics; "What is Kinetic Art How is Kinetic Art Made ?; and The Kinetic Solar Art Project " Artists may have artwork to exhibit at Symposium that will interact with the public and enhance their presentations The "Kinetic King," an "America's Got Talent" finalist, will set up a Kinetic Art "Stick Bomb" with his videos playing in the background for the public to watch during the Symposium The Kinetic Kings "stick Bomb" project will launch on the final day of the Symposium 5 artists to present or perform at the Symposium is $2,000.00 each lotaL, 10,000 00 Artist participation agreements need to be secured by March 2012 to prepare symposium marketing materials for event Breakdown Deposit paid by June 2012 Deposit of $1,000.00 each required to secure 5 artists totals 5 5.000 00 Balance due February 8, 2013 Balance of $1,000.00 each paid to 5 artists at close of Symposium totals S 5,000 Or TOTAL COSTS . 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N 0 O in O o E i O (9 ro O ca Y (7) O I ca O X Z N O E O a�oE� w j a c °' m o W = LL N � � a c Y c E C O E l' 0 O c §U Q U 5 a UE I c1� O C c � p i✓ -- U • d cil O iftI c c rn i c UJ y cr c am ! E1 x ii U o p m j 0 Q � E n� o o i o i I $ -; t - - m > J O a c 0 ‘. o p c c m ' Na) 0 to ro O N O ro N O U U ca rD U Z R cs1 V UE cam C � �� 0 v. Q i2 �3� C � LL a r t �_ E Q Na= �� . o ` p ro ma a E I Y , - - E E 0. �Z W a7 N ( -OxN o — ro F— Z C o O +- E .� o m ca ca O x RS v> Y = i Ya o o o _a ao -01- ,j1 g_ as a a o o , a>,u cc Z j cc .,, a J a) co m "o= a 02 0.n ? ro cs. -..7_o 3 et c V u) a .t.,,, el o�i} 3; ri ; 2 E Q (j) 1— — 2 ...„,,,,,,,,,, BOYNTON =BEACH CRA BOARD MEETING OF: December 13, 2011 Consent Agenda I I Old Business IX 1 New Business I I Legal I I Executive Director's Report SUBJECT: Review policy regarding mortgage foreclosures, CRA liens, and collection of CRA loans. SUMMARY: In 2007, Martha Guench was the recipient of a $50,000 00 Homebuyers Assistance Program loan from the CRA (See minutes of CRA Board approval) Ms Guench executed a promissory note secured by a Mortgage Deed in favor of the CRA. The CRA loan was subordinate to a pnmary loan from Liberty Home Lending, Inc With the borrowed funds, Guench purchased Unit 12 in the Preserve at Boynton Beach In September, 2010, Ms Guench defaulted on her mortgage with the current mortgage holder, Fannie Mae Ms Guench has failed to make payments on her mortgage since that date Guench owes $185,171.86 to Federal National Mortgage Association. The Palm Beach County Property Appraiser lists the current total market value of the property at $70, 000 00 (See attached PAPA report) On November 4, 2011, the Boynton Beach CRA was served with a foreclosure complaint by Fannie Mae against Martha Guench The CRA is named as a party defendant to the action based on CRA's $50,000 2 mortgage. This specific case is representative of other foreclosure cases The CRA has two options in this type of case Option One - file only an answer to the foreclosure action If the Plaintiff is successful and the property is sold in a foreclosure sale, the CRA would be entitled to surplus funds exist after Fannie Mae's mortgage is satisfied If the CRA files only an answer, the CRA's mortgage will be foreclosed (wiped out) by this action. Guerich's obligation on the note will survive, but is likely uncollectable Option Two in addition to filing an answer, file a cross -claim and sue Guench for defaulting on the Promissory Note. A cross -claim would enable the CRA to obtain a Judgment against Ms Guench This Judgment would attach to any other real and personal property owned by Ms Guench now and in the future A Judgment of this type is enforceable for 10 years The Palm Beach County Clerk's filing fee to file a Cross Claim is $395.00 Legal fees will be slightly higher if a Cross Claim is filed. FISCAL IMPACT: Estimated legal fees - answer only $525.00 Filing fee for answer None Estimated legal fees- answer and cross claim $600.00 Filing fee for cross claim $395.00 Service of Process $60.00 Summons $10.00 C \Documents and Settings \utterbackt \Local Settings \Temporary Internet Files \OLKD1 \Cover Sheet Template doc BOYNTON r! istaisio, BEACH � ,A CRA PLAN, PROGRAM OR PROJECT: linhoicement of HAP loan teens and conditions RECOMMENDATIONS /OPTIONS. Our office recommends that the CRA file an answer and cross -claim in response to these types of foreclosure actions. A defaulting mortgagee should be held accountable for the note and mortgage that they executed with the CRA In the future, the mortgagee may acquire additional property against which the CRA may be able to enforce their _judgment. If the CRA chooses not to file a cross - claim, they are waiving their future collection possibilities Additionally. waiver in one case ( although not a bindintl precedent) could be interpreted the wrong way buy others who are indebted to the CRA. (See schedule ut attached) Requested action by Board: confirm previous policy to pursue collection of indebtedness to CRA Jim Cherof C \Documents and Settings \utterbackt \Local Settings \Temporary Internet Fdes \OLKD1 \Cover Sheet Template doc I V 9'NT( IN 'r` .') Ok A 1 E ast Side —West Side— Seaside Renaissance AGENDA ITEM STAFF REPORT CRA BOARD MEETING OF: August 14, 2007 AGENDA ITEM: X( Consent Agenda 1 1 Old Business 1 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Approval of funding Martha Quench $50,000 from the Homebuyers Assistance Program. SUMMARY: Ms. Querich is purchasing a unit at The Preserve. Her income has been certified as moderate per HUD guidelines. Ms. Querich will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. FISCAL IMPACT: $50,000 from Bond 11 proceeds. Line Item 58300 -473. RECOMMENDATIONS: Approve $50,000 from the Homebuyers Assistance Program budget to assist Ms. Querich to purchase 1743 NE 6th Street, #1205, The Preserve, subject to execution of the CRA's mortgage, note and agreement at closing of the property. Vivian L. _ Assistant Director T:%AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSiCompleted Agenda Item Request Forms by MeetinglFY 2008 -2007 Board Meetings\07 08 14 CRA Board Meeting - August\Quertch HAP.doc TC BOYNTON Bu►CH FAITH BASED COMMUNITY DEvEELOPMENT CORPORATION POST OFFICE BOX 337 • BOYNTON BEACH, FL 33425-0337 • PALM BEACH COUNTY PHONE (561) 752 -0303 • FAX (561) 752 -0302 Date: July 23, 2007 Client Name: Martha Querich Address of Property Being Purchased: 1743 NE 6 Street Unit # 1205 Boynton Beach, FL 33435 Verified Annual Income: $ 42,420 plus MCC: $167 x 12 = $2004 ( $44,424.00 Moderate) Income verged by Liberty Mortgage. Family Size: 1 Purchase Price: $ 239,990 Maximum Mortgage Amount: $ $126,000 Mortgage Term: 30 year Fixed Mortgage Interest Rate: 5.875% Other Subsidy Amount: PBC SHIP $45,000 — LISC $10,000 to be determine Loan to value: 52.50% Front End Ratio: 36.70% Back End Ratio: 39.52 % Liberty Mortgage requesting $50,000 from CRA Boynton Beach. July 23, 2007 (Signature) _ AG(!i Date: 7 Name: Ja es L Home Jr Or Title: First Time Homebuyer Coordinator • Page 2 Meeting Minutes CRA Boynton Beach, Florida Au ust 14, 2007 Motion Board Member McCray moved to add the language suggested by Attorney Cherof. Vice Chair Rodriguez seconded the motion that unanimously passed. H. Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02- 58300 -473) to Martha Querich for 1743 NE 6 Street, Unit 1205, The Preserve Board Member McCray asked why the CRA was using Palm Beach County SHIP dollars. Ms. Brooks responded the applicants can receive several layers of funding from different entities. This request was to approve the applicants for the CRA Homebuyer Assistance Program from the CRA, not SHIP funds. Board Member McCray asked whether anyone was counseling the applicants. Ms. Brooks responded when the applicants apply for SHIP funding, they are required to attend a homebuyer course which teaches the applicants about how to purchase, and maintain a home and about how much home a person could afford. When and if the board approves the request, when the applicants sign the documents at closing, they have an equity clause indicating 80% of the equity goes to the City for a time certain. The idea was the applicants would not walk away with immediate equity. Board Member McCray commented an applicant would receive a $239K home and pay $126K for it. Ms. Brooks explained that was correct, She clarified the only housing inventory, based on MIS listings, for under $250K accommodated the over aged 55 population. There was a lack of workforce housing. This area being selected for workforce housing was from Gateway to Woolbright, east of I -95, mostly within the CRA district. Further discussion ensued about increasing the mortgage amount and using less subsidy, Ms. Brooks explained If they did, the recipients may default the loan and they would be at risk. The CRA did not want a lot of foreclosures. Under the terms of the program, the recipients sign a mortgage and a note. Board Member McCray had questions about other applications and persons residing in the residence. Ms. Brooks explained the CDC reviews the applications to determine if they meet the program criteria. Gerone Powell, Boynton Beach Faith Based Community Development Corporation, apprised the board, the CDC did not verify the file being considered. The CDC had Issues with how the applicants were income certified by Liberty Mortgage, which was the preferred lender for the Preserve. Normally they would indicate to the CRA that the 8 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 applicants were Income certified by the County or the City, and the CDC would indicate it recommended the applicant for funding. The CDC was being approached by people without a house or contract. In these instances, the individuals had already selected a home in the Preserve. The CDC did not like the way Uberty went about verifying Income and would not do verifications for the Preserve. The other issue was the developer wanted to do a 30-40 year mortgage with 10 year interest only, then 30 -year fixed, and the CDC had issues with this. They would now be using amortized mortgages and Ms. Brooks explained the preferred lender for the Preserve was now SunTrust and National City. Ms. Brooks indicated the CDC did not approve the files and did not disapprove them. They did not recommend the files, nor did the CDC charge for review. They only accepted payment for clients that closed. In these Instances, The CDC would not get paid because they didn't do the verification. Octavia Sherrod, Community Redevelopment Manager, explained she handled City business for the SHIP program through her office and she did not verify individuals applying to the CRA program. She explained they have an agreement with the CDC and she trained personnel at the CDC to do income verifications. They used her forms and they conducted third party verifications for the City when applicants come to the City for subsidy. When the CDC did the verification, they did not review them again. The mortgage company and the CRA staff conducted the verifications. CRA staff reviewed the applications to ensure the files met the program guidelines. Vice Chair Rodriguez thought it might be frustrating for the buyer with all these verifications for subsidies. Ms. Brooks explained it was difficult to get buyers who qualified for the units through the SHIP program and CRA guidelines. She explained they needed to review about 20 applicant to get one qualified applicant. The normal process for a client coming to the CRA Is to receive counseling and then they know how much of a home they could afford. The applicants were going to the Preserve and then coming to the CDC for counseling. Board Member McCray asked if the applicants that were present were comfortable with the requirements and provisions of the program. K. Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02- 58300 -473) to Shonae Trotman for 1826 NE 5 Street, Unit 1405, The Preserve Shonae Trotman, applicant for the above item came forward expressed she was not comfortable with the process. She explained she had about $7,500 tied up in the deal. 9 Meeting Minutes CRA Boynton Beach, Florida A ust 14, 2007 Motion Board Member McCray moved to approve Items H, I, J, L, M, N. Board Member McKoy seconded the motion that unanimously passed. H, Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02 -58300 -473) to Martha Querich for 1743 NE 6th Street, Unit 1205, The Preserve This item was approved In the above motion I, Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02 -58300 -473) to Dwayne Black for 1819 NE 6 Street, Unit 1503, The Preserve This item was approved in the above motion. J. Approval of Funding $30,000 from the Homebuyers Assistance Program (Bond II 02 -58300 -473) to Sarah Ferrer for 1972 NE 6th Street, Unit 205, The Preserve Thls item was approved in the above motion. L. Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02 -58300 -473) to Roxanne Burey for 1942 NE 5th Street, Unit 210, The Preserve This item was approved in the above motion. M. Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02- 58300 -473) to Erica Poag, for 1759 NE 6 Street, Unit 1209, The Preserve This item was approved in the above motion. N. Approval of Funding $35,400 from the Homebuyers Assistance Program (Bond II 02 -58300 -473) to Jason Weinstein for 1801 NE 4th Street Unit 1505, The Preserve Board Member McKoy asked for more Information about Cornerstone, which developed the Preserve. Ms. Brooks explained Comerstone was not using Liberty Mortgage any 11 Homeowners Assistance Inventory Listing Date Board Approved Recipient Amount Closing Date Address (1) 03/13107 L4seClra Hoggins $ 41 Ck x40 07 508 NW 1$t. F�WS CU�lRE (2) 08/12107' Faith Dickens $ 50 C . , 7 ' S� (3) 08/12/07 R'taidiyPhiilas $ 50,000 GibS8d /0' Thee FORECLOSURE (4) 06/12/07 Kimberlee Smith $ 49,100 Closed 7/9/07 28 Crossings Circle #A -28 (5) 06/12/07 Neville Marques $ 50,000 Closed 12/14/07 The Preserve /Cornerstone (6) 08/14107 Martha Guench $ 50,000 Clcis8d 12/14/07 The P " FORECLOSURE (7) 08/14/07 Erica Poag $ 50,000 Closed 12/18/07 The Preserve /Cornerstone (8) 08/14/07 Roxanne Burey $ 50,000 Closed 12/18/07 The Preserve/Cornerstone (9) 08/14/07 Dwayne Black $ 50,000 Closed 12/21/07 The Preserve/Cornerstone (10) 08/14/07 Jason Weinstein $ 50,000 Closed 12/2007 ThirkeserveZetnirtione FORECLOSURE (11) 10/09/07 Dawn Osowsky $ 50,000 Closed 12/14/07 The Preserve /Cornerstone (12) 11/14/07 Wider Pierre $ 50,000 Closed 12/3/07 The Preserve /Cornerstone (13) 11/14/07 K1ithloonB3R`bee $ 50,000 ' th00060614010011101Stans FORECLOSURE (14) 11/14/07 Hector & Jennifer Lopez $ 45,000 Closed 1/17/08 The Preserve/Cornerstone (15) 11/14/07 Shcdase T ttna n $ 5000 01 64004001$: i1, , OB "g i iiiii , FORECLOSURE (16) 11/14/07 Sasha Lagano $ 50,000 Closed 1/18/09 The Preserve /Cornerstone (17) 12/11/07 Chnstoper & Kimberly Wiley $ 50,000 Closed 12/20/07 440 NW 1st Ave (18) 12/11/07 Latoya McCormick $ 50,000 Closed 2/12/08 220 NE 11th Ave (19) 12/11/07 Lauren Godden $ 50,000 Closed 3/28/08 The Preserve /Cornerstone (20) 2/12/08 Chantale Jacques $ 50,000 Closed 3/31/08 123 NE 11th Avenue (21) 3/25/08 Stephen Wright & Nyasha Nedd $ 50,000 Closed 3/31/08 The Preserve /Cornerstone (22) 3/25/08 Bte(id hdTSoriyaShaw $ 5000•.C:1080$313i E T Pir ser#010*a a FORECLOSURE (23) 07/08/08 Kasten Gallagher $ 50,000 Closed 12/4/08 The Preserve /Cornerstone (24) 12/9/08 Ingrid Green $ 32,272 Closed 12/29/08 603 N Seacrest Blvd (25) 07/08/08 Teasha & Kelly Thomas $ 50,000 Closed 1/30/09 The Preserve/Cornerstone (26) 11/05/08 Andrea Robinson $ 50,000 Closed 11/14/08 216 NW 7th Court (RTG) (27) 12/09/08 Arden & Sandra Gayle $ 50,000 Closed 2/4/09 709 NW 2nd Street (RTG) (28) 12/09/08 Ian & Tosi Rigby $ 50,000 Closed 5/19/09 717 NW 2nd Street (RTG) (29) 4/14/09 Kyza Green $ 35,000 Closed 5/29/09 607 N Seacrest Blvd (30) 07/14/09 Latasha Norfus & Rakera Ramsey $ 50,000 Closed 10/26/09 222 NW 7th Avenue (RTG) (31) 12/8/09 Ralph Desir $ 50,000 Closed 6/29/10 The Preserve /Cornerstone (32) 04/13/10 Jermain & Meshell Fashaw $ 48,800 Closed 6/25/10 721 NW 2nd Street (RTG) (33) 04/13/10 Charlene Edwards $ 50,000 Closed 6/18/10 228 NW 7th Avenue (RTG) (34) 04/13/10 Kendra Rahming $ 50,000 Closed 6/4/10 713 NW 2nd Street (RTG) (35) 04/13/10 Valencia Spells- Anderson $ 37,500 Closed 6/4/10 210 NW 7th Avenue (RTG) Total HAP Funding Assistance $ 1,694,672 Total in Foreclosure 8 Units $ 397,000 Amount 23% % of Total T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \December 2011 \HAP Inventory BOYNTON =BEACH CRA BOARD MEETING OF: December 13, 2011 1 Consent Agenda 1 1 Old Business IX 1 New Business 1 Legal 1 1 Executive Director's Report SUBJECT: Consideration of Proposal from Kimley -Horn for Design and Construction Administration of Marina Entry Area at Boynton Beach Blvd. and Federal Highway SUMMARY: The Board approved the design and construction of an additional entry way for the Marina from Boynton Beach Blvd. and Federal Highway in the FY 11/12 budget. Attached is a task order under the continuing contract with Kimley -Horn to design and manage this project. The total cost for the scope of work is $22,400. This project will help to guide visitors into the Marina directly off of 1 -95 and will add to the creation of an identity for the downtown area. FISCAL IMPACT: $22,400 — Budget line item 58200 -402 CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve the task order with Kimley -Horn in the amount of $22,400. / // l'Ivian . rooks Executive Director T \AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \December 2011 \KH BB Federal Entry doc /IP" Kimley -Horn ►. and Associates, Inc. November 23, 2011 Ms Vivian L Brooks Executive Director ■ Boynton Beach CRA Suite 20u 710 N Federal Highway 1920 wekiva way Boynton Beach, FL 33435 west Palm Beach Fiona '34 Re Entry Feature for Boynton Harbor Manna At SE Corner of Boynton Beach Boulevard and US -1 Boynton Beach, Florida Dear Ms Brooks Kimley -Horn and Associates, Inc ( "KHA ") is pleased to submit this agreement (the "Agreement ") to Boynton Beach CRA ( "the Client ") to provide professional landscape architecture and engineenng consulting services for the above - referenced project We will provide these services under our contract for the Boynton Beach CRA Design and Professional Services Agreement dated June 28, 2007 We understand that you are considering one entry feature at the southeast corner of Boynton Beach Blvd and US 1 to be constructed all within City owned property The feature will be related to the existing feature at Ocean Ave and US -1 but due to budget limitations an architectural structure may not be designed The City has a concept idea for the design which consists of fence and plantings Our proposed scope of services, schedule and fee follows SCOPE OF SERVICES Task 1 — Initial Meetings 1 1 Design Intent - KHA will attend a meeting with the Client to develop a shared vision for the project The purpose of this exercise is to develop an image of the project based on the development program and themes discussed The meeting will define the image and design vocabulary for the project that will be used by the Client and the design team to measure the appropriateness of future design decisions based on the previously constructed entry features Task 2 — Data Collection & Conceptual Design 2 1 Existing Data —KHA shall create base maps of the project areas utilizing as- built drawings and digital survey files provided by the Client KHA shall augment data provided by the Client with field observations and notes, but shall not be responsible for documenting existing site conditions KHA shall submit the base plans to the Client for review and verification of known City owned utilities 2 2 Conceptual / Schematic Design — KHA will visit the site one (1) time in order to develop an understanding of the site's opportunities and constraints Based on these findings, KHA shall prepare a conceptual development plan including proposed landscape locations and potential sign design a 561 845 0665 ['7 561 863 8175 FL wilvl Kimley -Horn and Associates, Inc. 2.3 Conceptual / Schematic Design Cost Estimate — KHA shall prepare a preliminary estimate of construction cost for the program elements detailed in the conceptual design The Cost Estimate shall include a 20% construction cost contingency. 2.4 Client Review — The Client will review the preliminary conceptual design plans and cost estimate and provide comments to KHA. KHA will revise the plans in response to Client comments, if necessary, during the next phase of work. Deliverables — As a result of these tasks, KHA shall produce the following • One (1) set of Conceptual/ Schematic Design Plans • One (1) set of a rendered site plan and project elevation for review • One (1) copy of conceptual cost estimate Task 3 — Construction Documents 3 1 Construction Documents — Based on the approved conceptual /schematic documents and Client comments, KHA shall prepare landscape plans and appropriate hardscape plans and details for the approved program elements, as well as: • Construction details, including details, elevations, and sections provided as necessary to communicate the design intent and construction materials; • Technical specifications that define matenals and methods appropriate for construction. 3.2 Estimate of Probable Cost - KHA shall prepare an estimate of probable cost at the 60% stage of completion, and the 100% submittal for all elements detailed in the Construction Documents. 3.3 Client Review — The Client will review the construction documents at the 60% stage and cost estimate and provide comments to KHA. KHA will revise the plans in response to Client comments, if necessary, to finalize the plans. Any requested Client changes after the 60% plans review comments will be considered additional design services. 3.4 Agency Review and City Approvals — KHA shall prepare and submit the Building Department permit application to the Client for signature and execution. Deliverables — As a result of these tasks, KHA shall produce the following • Six (6) sets half size of Construction Documents • One (1) copy of the Final Estimate of Probable Cost • Appropriate number of plan sets for City and TART review K BCD_Roadway ,_Marketmg CRA \BB Entry 201 I\PPL 20111123_ BB Entry Feature _MMl3 docx page 2 -' Kimley -Horn and Associates. Inc Task 4 — Construction Phase Services 4 1 Bid Document Preparation and Contractor Notification. KHA will prepare and assemble construction bidding documents, including specifications for the subject Work and the construction contract, based on Client's "front-end bid document Client shall provide front -end documents and City's standard specifications in digital format (WORD) document. KHA will prepare one onginal bid package and provide to Client or printing service to issue bid packages for the submittal of quotations to perform 4 2 Pre - Construction Conference. KHA will attend a Pre - Construction Conference prior to commencement of Work at the Site 4 3 Visits to Site and Observation of Construction. KHA will provide on -site construction observation services during the construction phase KHA will make a maximum of four (4) visits at intervals as directed by Client in order to observe the progress of the Work Such visits and observations by KHA are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on KHA's exercise of professional judgment Based on information obtained during such visits and such observations, KHA will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and KHA will keep Client informed of the general progress of the Work The purpose of KHA's site visits will be to enable KHA to better carry out the duties and responsibilities specifically assigned in this Agreement to KHA, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents KHA shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work nor shall KHA have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work Accordingly, KHA neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents Recommendations with Respect to Defective Work KHA will recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations KHA believes that such work (it I Rnadn a% Malkome ti, 'von ( RA RR F nm 2 l , PI'1 ', BB 1 ntr. I l itw, \A' , 1 d ,. ■ E mory Kimley -Hom and Associates, Inc. will not produce a completed Project that conforms generally to Contract Documents. 4.4 Clarifications and Interpretations. KHA will respond to a maximum of three (3) appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work Any orders authorizing vanations from the Contract Documents will be made by Client. 4.5 Change Orders. KHA may recommend Change Orders to Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor The scope assumes a maximum of one (1) change order 4.6 Shop Drawings and Samples. KHA will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 4.7 Substitutes and "or equal." Evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local govemment entities. 4.8 Inspections and Tests. KHA may require special inspections or tests of Contractor's work as KHA deems appropriate, and may receive and review certificates of inspections within KHA's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. KHA's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. KHA shall be entitled to rely on the results of such tests and the facts being certified 4.9 Disagreements between Client and Contractor. KHA will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, KHA shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity K BCD_Roadway \_Marketmg'13oynton CRA BB Entry 2011 PPL 20111123_ BB Entry Feature WAN 3 docx page 4 /►'" im pr Kimley -Horn and Associates, Inc 4 10 Applications for Payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, KHA will determine the amounts that KHA recommends Contractor be paid Such recommendations of payment will be in writing and will constitute KHA s representation to Client, based on such observations and review. that, to the best of KHA's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work -in- progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation In the case of unit price work, KHA s recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests This scope assumes a maximum of three (3) application reviews By recommending any payment. KHA shall not thereby be deemed to have represented that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work in progress or involved detailed inspections of the Work beyond the responsibilities specifically assigned to KHA in this Agreement It will also not impose responsibility on KHA to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to Client free and clear of any liens claims, security interests, or encumbrances, nor that there may not be other matters at issue between Client and Contractor that might affect the amount that should be paid 4 11 Substantial Completion. KHA will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list If after considering any objections of Client. KHA considers the Work substantially complete, KHA will notify Client and Contractor 4 12 Final Notice of Acceptability of the Work. KHA will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that KHA may recommend, in writing, final payment to Contractor Accompanying the recommendation for final payment, KHA shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of KHA's knowledge, information, and belief based on the extent of its services and based upon information provided to KHA upon which it is entitled to rely K R( U R. a Maikenn, Ha mr n (R4 BR 1 mn 2 1'1'1 ,, 1 1' Itls 1 1 r.- It vo.. MME ti d. •c' Kimley -Horn El and Associates, Inc. 4.13 Limitation of Responsibilities. KHA shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. KHA shall not have the authonty or responsibility to stop the work of any Contractor. Task 5 — Additional Services We will provide, as requested and authorized by you, additional services that require analyses beyond those described in the tasks above These additional services may include, but not be limited to: 1. Additional alternatives 2 Additional meetings or presentations 3 Soft digs for geotechnical/structural analysis 4. Site survey 5. Structural engineering / calculations on structures and /or footings 6. Permitting by other agencies not already specified ASSUMPTIONS Assumptions — Work descnbed herein is based upon the assumptions listed below If conditions differ from those assumed in a manner that will affect the scope of work, KHA shall advise the Client in writing of the magnitude of the required adjustments Changes in completion schedule or compensation to KHA will be negotiated with the Client. • Client will provide KHA record drawings of all available existing facilities and proposed facilities • City personnel will assist in field verification of affected existing City facilities This includes marking in field (in a timely manner) existing water mains, sanitary sewers, force mains, reclaimed water mains and drainage. SCHEDULE We will perform the services described in the above scope as soon as practical to meet a mutually agreed -upon schedule. FEE AND BILLING KHA will perform the services described in Tasks 1 through 3 of the Scope of Services for a lump sum fee of $14,000.00 inclusive of direct expenses KHA will perform the services described in Task 4 of the Scope of Services for a lump sum fee of $8,400 inclusive of direct expenses. KHA will perform the services described in Task 5 of the Scope of Services on a labor fee plus expense basis. A budget amount of Labor fee will be billed according to hourly rates in effect at the time the services are provided K 1 BCD_ Road, ay _Marketmg\Boynton CRA■BB Entry 2011 PPL 20111121_ BB Entry Feature_MMv3 docx page 6 /r- =FA Kim ley-Horn hb.,11111111r and Associates, Inc Direct reimbursable expenses such as express delivery services, fees, air travel out -of -town mileage, and other direct expenses will be billed at 1 15 times cost An amount will be added to each invoice to cover certain other expenses such as in -house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing Administrative time related to the project may be billed hourly Technical use of computers for design, analysis, GIS, and graphics, etc will be billed at $25 00 per hour All permitting, application, and similar project fees will be paid directly by the Client Fees will be invoiced monthly based on actual amount of service performed and expenses incurred Payment will be due within 25 days of the date of invoice CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference As used in the Standard Provisions, the term the KHA" shall refer to Kimley -Horn and Associates, Inc and the term the Client" shall refer to Boynton Beach CRA. KHA, in an effort to expedite invoices and reduce paper waste, offers its clients the option to receive electronic invoices These invoices come via email in an Adobe PDF format We can also provide a paper copy via regular mail if requested Please select a billing method from the choices below please email all invoices to Please email invoices to Z AND provide a hard copy to the address listed above (please note below if It should be to someone else's attention or an alternative address) Please ONLY provide a hardcopy invoice to the address listed above (please note below if it should be to someone else's attention or an alternative address) If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter K Is(h RoedA, A1atketme BON mor (RA RR I (Ii, 2 ∎ 1 I'M n(1' 't AIM) thA Kimley -Hom __ and Associates, Inc. We appreciate this opportunity to provide these services to you. Please contact us if you have any questions. KIMLEY -HORN AND ASSOCIATES, INC. /‘ / By Marwan Mufleh, P E. Vice President ABK/ Attachment: Standard Provisions Agreed to this day of , 2011 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (Date) (Print or Type Name and Title) (Email Address) , Witness (Print or Type Name) Official Seal: K BCD_Roadway' _Marketing \Boynton CRA\BB Entry 201 I'PPL 20111121_ BB Entry Feature_NEV1v3 docx page 8 * BOYNTON 1 CRA =BE CRA BOARD MEETING OF: December 13, 2011 I Consent Agenda 1 1 Old Business j X New Business 1 Public Hearing 1 1 Other SUBJECT: CRA Board Meeting Dates for 2012 SUMMARY: CRA Board Meetings are held on the second Tuesday of every month. The following is a list of the 2012 CRA Board Meeting dates: January 10 February 14 March 13 April 10 May 8 June 12 July 10 August 14- Primary Election Day September 11 October 9 November 13 December 11 In August the CRA Board meeting falls on August 14 which is the Primary Election Day. If a City Commission meeting falls on an Election Day the meeting is rescheduled for the day after. FISCAL IMPACT: None RECOMMENDATIONS: Staff is requesting Board direction to move the Tuesday, August 14, 2012 CRA Board Meeting to Wednesday, August 15, 2012, if the Board feels it is necessary. - ,// ,' ,----------- Vivian Brooks Executive Director t Calendar of Election Dates 2012 Election Dates Presidential Preference Primary: January 31 2012 Primary Election: August 14, 2012 General Election: November 6 2012 2012 Qualifying Dates Judicial, State Attorney and Public Defender Noon April 16, 2012 -- Noon, April 20, 2012 Federal, Statewide, Multi- county, County, District and Political Party Executive Committee Noon June 4, 2012 - Noon, June 8, 2012 Write - in candidates for President and Vice President 8 a m June 18, 2012 -- Noon, June 26, 2012 2012 Registration Book Closing Dates Presidential Preference Primary: January 3, 2012 Primary Election: July 16, 2012 General Election: October 9, 2012 Scheduled County and Municipal Election Use the form controls below to select a county and calendar year County Alachua Year. 2011 List Election Dates arm:, BOYNTON =BEACH cRA CRA BOARD MEETING OF: December 13, 2011 I Consent Agenda 1 Old Business IX New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Discussion of Study for Financing Options of Old High School SUMMARY: The City issued an RFP /RFP for the Old High School in September 2011 No responses were received. A consultant has approached the Chair suggesting that if the Old High School had funding mechanisms identified such as New Markets Tax Credits, then finding a developer /user for the project would be easier The consultant believes that hiring a consultant to develop a business plan and funding strategy would lead to successful development of the Old High School. The CRA or City would have to issue an RFP /RFQ to hire a consultant to conduct this scope of work. Additionally, staff has been in discussions with a local well -known development entity who is very interested in developing the school. They did not respond to the RFP due to a funding gap in the project Staff is working with the developer to explore various funding mechanisms that could close the funding gap. FISCAL IMPACT: To be determined. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Based on the fact that there is a viable developer interested in the project and that they have redeveloped a historic structure staff recommends that the Board give staff 60 days to work with the developer to see if a viable financing plan can be created. ./ Vivian . Brooks Executive Director T CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \December 2011 \OHS Financing doc 4. Recommended Development and Financin • Structur 4 ! Uvervxesl The Project Team recommends the following Development and Finance Structure This development structure, approach, process, strategies and tools are based on based on the Team's conclusions and findings discussed within this report This strategy recommends a disciplined approach that has been designed to: • meet the City's financing, budget and broader development objectives, • to insulate the City from downside financial and economic risk and • to bnng about a quality redevelopment of the High School in the shortest time possible Balancing the City's objectives and the Project Team's findings, we are recommending the City s best, and fastest route to redevelopment of the High School is to drive a market responsive, flexible, yet focused, redevelopment process The four main tenets of the approach we recommend are 1) Utilize third party financing, not City Capital funds, to redevelop the High School. The financial pro forma modeled in this report shows the basic economic feasibility of redeveloping and operating the High School using private financing and a moderate dose of proven public incentives The Project's final financial structure will depend upon the use, ownership, and operational structure of the redeveloped High School, however, financing the Project to operate independently: 1) need not be overly complicated, 2) can be achieved using conservative cost savings, and 3) can be achieved using established, existing, "off the shelf" funding sources. 2) Do not embark on speculative redevelopment of the High School — that is, no funds (from any source) should be spent to build -out the reconstruction of the High School in advance of having a proven project developer, operator or owner with committed uses and secured financing in hand 3) Go to the market for a developer /operator who assumes the financial risk of redeveloping and operating the High School. Independent financing of the redevelopment of the High School is possible for the right project and operator The main advantages to utilizing an experienced, financially capable third -party developer for the High School include speed, and the elimination of risk for the City, and insures long -term stability and quality of the final development project However, achieving the City's broader development objectives, and the public's expectations for the School's redevelopment will rest on effectively seeking, and selecting, the best development proposal, backed by an experienced, qualified and well - funded developer and /or operator 4) Drive the redevelopment process by setting the conditions for its success. The City can drive the speed of the redevelopment process, and control its outcome, not by micro - managing the development, but putting in place the policy incentives, and local partners needed to make the project work before going to the market for development proposals and /or developers 5) Balance economics with opportunity when selecting the final development proposal. The redevelopment of the High School is a unique opportunity that if well considered can help spur additional investment and development downtown The final selection of a development proposal and operator for the High School should not be driven by any single cost, control or ownership factor, but balance the economic soundness of the final development, the capability of the eventual developer /operator to deliver and sustain its proposed re -use concept, and how that concept delivers on the City's broader goals of stimulates additional investment in the Downtown Development of Business Plan and Financing Strategy for Boynton Beach Old High School Scope of Services Consultant agrees to perform a range of services during the term of the Agreement that shall include at a minimum, but not be limited to, the following: 1.) Consultant shall obtain project financing from tax credit provider and investor sources sufficient to fund the contemplated improvements consistent with the needs of a viable end -user. 2.) LMG shall initiate and process an historic certification with the Florida SHPO office such that the structure shall become eligible for historic tax credits. 3.) LMG shall identify and develop a viable end -use business action plan that conforms to the New Markets Tax Credit Program in a manner which delivers a high degree of job creation. 4.) Other criteria as established by the Boynton Beach Community Redevelopment Agency. O o co �, c co "(7) (NI CN O. 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